32694 Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Notices

Regulations, applies for a certificate of

public convenience and necessity

authorizing Reliant to conduct foreign

charter air transportation of property

and mail between points in the United

States and any point(s) outside the

United States beginning on or about

September 1, 1998.

Docket Number: OST–98–3900.

Date Filed: June 2, 1998.

Due Date for Answers, Conforming

Applications, or Motions to Modify

Scope: June 30, 1998.

Description: Application of Korean

Air Lines Co., Ltd. pursuant to 49 U.S.C.

Section 41301 and Subpart Q of the

Regulations, applies for an amendment

to its foreign air carrier permit to engage

in the foreign air transportation between

any point or points behind the Republic

of Korea and any point or points in the

Republic of Korea, via any intermediate

point or points, and any point or points

in the United States, and beyond the

United States to any point or points,

with full traffic rights. KAL also

requests that the amended permit

authorize KAL to engage in charter

foreign air transportation pursuant to,

and with all other rights available to

KAL under, the 1998 Agreement.

Dorothy W. Walker,

Federal Register Liaison.

[FR Doc. 98–15846 Filed 6–12–98; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

[Docket No. NHTSA 98–3791]

New Flyer of America, Inc.; Grant of

Application for Decision of

Inconsequential Noncompliance

New Flyer of America, Inc., of

Crookston, Minnesota, has determined

that 115 buses failed to comply with 49

CFR 571.217, Federal Motor Vehicle

Safety Standard (FMVSS) No. 217, ‘‘Bus

Emergency Exits and Window Retention

and Release,’’ and has filed an

appropriate report pursuant to 49 CFR

Part 573, ‘‘Defect and Noncompliance

Reports.’’ New Flyer petitioned the

National Highway Traffic Safety

Administration (NHTSA) to be

exempted from the notification and

remedy requirements of 49 U.S.C.

Chapter 301—‘‘Motor Vehicle Safety’’

on the basis that the noncompliance is

inconsequential to motor vehicle safety.

Notice of receipt of the application

was published, with a 30-day comment

period, on October 23, 1997, in the

Federal Register (62 FR 55303). NHTSA

received no comments on this

application during the 30-day comment

period.

FMVSS No. 217, Paragraph S5.2.2.1

requires that buses other than school

buses provide an emergency exit area, in

total square centimeters, of at least 432

times the number of designated seating

positions on the bus. It requires at least

that 40 percent of the emergency exit

area be distributed on each side of the

bus. It also limits the amount of area to

3,458 square centimeters that can be

credited for an emergency exit,

regardless of exit area.

During the 1995–1997-model years,

New Flyer produced 115 transit buses,

models D35LF (Diesel 35 ft Low Floor)

and C35LF (CNG 35 ft Low Floor) which

do not comply with FMVSS No. 217.

The subject transit buses have only one

emergency exit on the right side of the

bus instead of the two, as required by

the standard.

New Flyer supported its application

for an inconsequential noncompliance

with the following:

1. The buses exceed the exit total area

requirements on all sides. The left side has

two exit windows for a total of 25,000 square

centimeters or 4.67 times the required area.

The right side has one exit window with

12,500 square centimeters of exit area or 2.33

times the required area. The standard does

not allow any one exit to claim more than

3,458 square centimeters. Therefore, the right

side of the bus does not have the required

number of emergency exits although it

exceeds the required area. Each bus has two

roof exits, where the standard only requires

one roof exit. Overall, the buses have 3.28

times the required exit area.

2. Retrofitting these buses to comply with

the standard would require modifying and

retesting the existing exit door or replacing

the right side window with an emergency

exit window, which is not possible because

the wheel housing limits accessibility. The

seating position relative to the window

allows for an easy exit. If the window was

accidentally opened, there is potential for

someone to fall out of the bus. Modifying the

exit door to conform to the release force

requirements is a possible solution, but

would require redesigning the door.

Considering the bus already has 3.28 times

the required exit area, modifying the buses to

include an additional exit would not add to

motor vehicle safety.

3. New Flyer does not believe that the

buses are a safety hazard because they have

excessive accessible emergency exit area.

These buses are operated by transit

authorities with trained professional drivers;

none are operated by the general public. New

Flyer has a close relationship with the

operators of the buses and is continuously

informed of any problems or concerns, and

has never had an incident or complaint

involving the number or location of

emergency exits.

NHTSA considers the safety of the

public in transit buses to be of great

importance because these buses are

intended for daily service and therefore

carry hundreds of people each day. In

considering whether to grant or deny

this petition, the agency looked at the

various conditions that would require

an emergency evacuation. The agency

identified three types of situations in

which the evacuation of a bus may be

necessary:

1. Minor crashes or mechanical

failures. These may result in all

passengers leaving the bus. Since

evacuation time is not a major concern,

all passengers would likely exit from

one of the service doors.

2. Major crashes. It is likely to be

important for all bus passengers to leave

the bus. Evacuation is important, but

conditions indicate that it can be done

in an orderly fashion. Again, all of the

passengers would likely exit from either

service door.

3. Catastrophic crashes (e.g., fires or

submersions). All bus passengers must

evacuate the bus as quickly as possible.

Evacuation time is the major concern,

passengers would likely exit from any

opening available.

The primary safety purpose of

requiring the 40 percent distribution of

emergency exits area on each side of a

bus is to ensure that passengers have

sufficient emergency exit openings to

escape, should the bus become involved

in an incident where the bus would

need to be evacuated quickly. This

provision in FMVSS No. 217 ensures

that emergency exits are distributed

throughout the bus and not all on one

side. These buses have two emergency

exit windows on the left side, one

emergency exit window on the right

side and two roof exits. Thus, the buses

have the minimum number of

emergency exits required by FMVSS No.

217. However, these exits were not

distributed properly. Instead of a second

emergency exit on the right side, these

buses have an additional roof exit. This

additional roof exit would provide for

much needed emergency exit openings

should the bus occupants need to

evacuate due to a rollover incident.

While this additional roof exit is not

required by the standard, it does

provide for an additional level of safety

in the above situation.

In consideration of the foregoing,

NHTSA has decided that the applicant

has met its burden of persuasion that

the noncompliance it described above is

inconsequential to motor vehicle safety.

Accordingly, its application is granted,

and the applicant is exempted from

providing the notification of the

noncompliance that is required by 49

U.S.C. 30118, and from remedying the
Federal Register / Vol. 63, No. 114 / Monday, June 15, 1998 / Notices 32695

noncompliance, as required by 49

U.S.C. 30120.

(49 U.S.C. 30118, 30120, with delegations of

authority at 49 CFR 1.50 and 501.8)

Issued on: June 9, 1998.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 98–15839 Filed 6–12–98; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

Proposed Renewal of Information

Collections; Comment Request

AGENCY: Office of the Comptroller of the

Currency (OCC), Treasury.

ACTION: Notice and request for comment.

SUMMARY: The OCC, as part of its

continuing effort to reduce paperwork

and respondent burden, invites the

general public and other Federal

agencies to take this opportunity to

comment on continuing information

collections, as required by the

Paperwork Reduction Act of 1995.

Currently, the OCC is soliciting

comment concerning its extension

without change of several information

collections.

DATES: Written comments should be

submitted by August 14, 1998.

ADDRESSES: Direct all written comments

to the Communications Division,

Attention: 1557–LIST, Third Floor,

Office of the Comptroller of the

Currency, 250 E Street, SW,

Washington, DC 20219. In addition,

comments may be sent by facsimile

transmission to (202)874–5274, or by

electronic mail to

REGS.COMMENTS@OCC.TREAS.GOV.

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or

copies of the collection may be obtained

by contacting Jessie Gates or Camille

Dickerson, (202)874–5090, Legislative

and Regulatory Activities Division

(1557-LIST), Office of the Comptroller of

the Currency, 250 E Street, SW,

Washington, DC 20219.

SUPPLEMENTARY INFORMATION: The OCC

is proposing to extend OMB approval of

the following four information

collections:

1. Title: International Regulations (12

CFR 28).

OMB Number: 1557–0102.

Form Number: None.

Abstract: This submission covers an

existing regulation and involves no

change to the regulation or to the

information collections embodied in the

regulation. The OCC requests only that

OMB renew its approval of the

information collections in the current

regulation.

The International Banking Act of

1978, 12 U.S.C. 3101 et seq., as

amended, requires collection of specific

information relating to licensing

applications and supervision of Federal

branches and agencies of foreign banks

in the United States and mandates

recordkeeping requirements for capital

equivalency deposits, voluntary

liquidations, asset pledges, and asset

maintenance requirements.

The International Lending

Supervision Act of 1983 (Pub. L. No.

98–181, Title IX, 97 Stat. 1153, 12

U.S.C. 3906) mandates the reporting and

disclosure requirements for

international assets as well as the

recordkeeping requirements for

accounting for fees on international

loans.

The OCC’s regulations in 12 CFR 28

implement requirements imposed on

national banks and Federal branches

and agencies concerning international

activities.

The information collections in 12 CFR

28 are as follows:

Section 28.3 requires a national bank

to notify the OCC when it takes certain

actions regarding its foreign operations;

Section 28.12 requires a national bank

to apply to the OCC before it establishes

a Federal branch or agency or exercises

fiduciary powers at a Federal branch;

Section 28.15 requires a national bank

to maintain records and to seek OCC

approval before permitting withdrawal

of certain foreign bank capital

equivalency deposits;

Section 28.16 contains recordkeeping

requirements and allows a foreign bank

to apply to the OCC for an exemption

to permit an uninsured Federal branch

to accept or maintain certain deposit

accounts;

Section 28.17 requires a Federal

branch or agency to notify the OCC of

certain changes in its activities or

operations;

Section 28.18 requires a Federal

branch or agency to maintain records, in

English, and to provide the OCC with a

copy of certain reports filed with other

Federal regulatory agencies;

Section 28.22 requires a Federal

branch or agency to make notice and

filings in case of liquidation;

Section 28.52 requires a banking

institution to maintain records regarding

its allocated transfer risk reserve; and

Section 28.53 requires a banking

institution to maintain records regarding

its accounting for fees on international

loans.

These information collection

requirements ensure bank compliance

with applicable Federal law, further

bank safety and soundness, provide

protections for banks, and further public

policy interests.

Type of Review: Extension, without

change, of a currently approved

collection.

Affected Public: Businesses or other

for-profit.

Number of Respondents: 185.

Total Annual Responses: 185.

Frequency of Response: On occasion.

Total Annual Burden: 6,708 Hours.

2. Title: (MA)—Securities Offering

Disclosure Rules (12 CFR 16).

OMB Number: 1557–0120.

Form Number: None.

Abstract: This submission covers an

existing regulation and involves no

change to the regulation or to the

information collections embodied in the

regulation. The OCC requests only that

OMB renew its approval of the

information collections in the current

regulation.

Under 12 U.S.C. 93a, the OCC is

empowered to issue rules and

regulations to carry out its

responsibilities. The requirements in

part 16 enable the OCC to perform its

responsibilities relating to offerings of

securities by national banks by

providing the investing public with

facts about the condition of the bank,

the reasons for raising new capital, and

the terms of the offering. Part 16

requires national banks to conform

generally to Securities and Exchange

Commission rules.

The collections of information

contained in 12 CFR Part 16 are as

follows:

Section 16.3 requires a national bank

to file its registration statement with the

OCC;

Section 16.4 states that the OCC may

require a national bank to submit to the

OCC certain communications not

deemed an offer;

Section 16.6 requires a national bank

to file documents with OCC and to make

certain disclosures to purchasers in

sales of nonconvertible debt;

Section 16.17 requires a national bank

to file four copies of each document

filed under Part 16, and requires filers

of amendments or revisions to underline

or otherwise indicate clearly any

changed information;

Section 16.19 requires a national bank

to submit a request to OCC if it wishes

to withdraw a registration statement,

amendment, or exhibit;

Section 16.20 requires a national bank

to file current and periodic reports as

required by sections 12 and 13 of the

Exchange Act (15 U.S.C. 78l and m) and