Agency Information Collection Activities: Proposed Information Collection; Comment Request, 5800-5801 [E7-1945]

Download as PDF 5800 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Notices Agreement; or (ii) if the joint development improvement will deviate from the specifics of the Certificate of Compliance, then the project sponsor must substitute an ‘‘alternative certification,’’ which certification shall include an explanation of compliance with 49 U.S.C. 5302(a)(1)(G) and 49 CFR 18. In all cases, the project sponsor must submit a completed Joint Development Checklist, a proposed Joint Development Agreement, and either (i) An executed Certificate of Compliance or (ii) an alternative certification. (f) Real Property Real property acquired by a grantee or subgrantee pursuant to 49 U.S.C. 5302(a)(1)(G) shall be governed by 49 U.S.C. 5334(h), as amended, and subject to the obligations and conditions set forth in 49 CFR 18.31, as amended, which require the grantee or subgrantee to request disposition instructions from FTA whenever real property is no longer needed for the originally authorized purpose. FTA received eleven comments on its discussion of real property. Three commenters asked FTA to clarify its discussion of 49 CFR 18.31 as it applies to property used for joint development purposes. Two commenters agree with FTA’s decision to no longer apply its administratively-derived test of ‘‘highest and best transit use’’ (or any other tests) for determining the value of real property used in FTA-funded joint development improvements, including the disposition of real property connected to a joint development improvement. Five commenters expressed concern that language in FTA’s proposed guidance would discourage fee simple transfers of real property acquired with federal assistance within a joint development project, and suggest that FTA add to its guidance language from the FTA Master Agreement with regard to the transfer of real property as an alternative to leasing. Response: FTA responds to the commenters that expressed concern about 49 CFR 18.31 by explaining that part 18.31 contains property management standards applicable to all real property acquired using Federal transit funds. Real property used for joint development purposes is not exempt from the requirements of 49 CFR 18.31. This guidance document references FTA’s master Agreement at section IV, Federal Requirements. Section 19 of FTA’s Master Agreement sets forth FTA’s requirements on the use of real property, equipment, and supplies. sroberts on PROD1PC70 with NOTICES (g) Third Party Contracting In its notice of proposed guidance, FTA explains the applicability of third party contracting requirements to joint development improvements made eligible by 49 U.S.C. 5302(a)(1)(G). All three comments support FTA’s explanation of these requirements. (h) Certificate of Compliance FTA received eight comments on its proposed Certificate of Compliance, with some parties submitting multiple comments. Two parties favor the Certificate of Compliance inasmuch as it expedites FTA’s review. Another party discourages the VerDate Aug<31>2005 21:36 Feb 06, 2007 Jkt 211001 additional requirements added when the agency self-certifies. Four parties asked that FTA modify the Certificate of Compliance to allow for the transfers envisioned in other sections of the guidance. One commenter noted that the definition of ‘‘grantee’’ refers to section (2) of the certificate rather than section (1). FTA Response: FTA encourages the commenters that asked FTA to modify the Certificate of Compliance to note that a project sponsor may substitute an ‘‘alternative certificate,’’ which may provide for transfers other than fee simple, if the joint development improvement will deviate from the specifics of the Certificate of Compliance. A project sponsor may expedite FTA approval if the joint development improvement conforms to the Certificate of Compliance. FTA has corrected paragraph (9)(b) of the Certificate of Compliance. It now states that ‘‘grantee’’ shall have the meaning provided in section (1) of this certificate. (i) Satisfactory Continuing Control In its notice of proposed guidance, FTA noted the applicability of the term ‘‘satisfactory continuing control’’ to this guidance and the Certificate of Compliance. FTA received ten comments on this topic. Four commenters favor the applicability of the term ‘‘satisfactory continuing control’’ outlined by FTA in its notice of proposed guidance. Six commenters asked FTA to clarify its guidance with respect to the disposition of property, including means by which a grantee may maintain satisfactory continuing control through deed restrictions or other enforceable means. FTA Response: Please see section (f) above for a discussion on the disposition of real property. (j) Miscellaneous One commenter noted that footnote 5 incorrectly cited 49 U.S.C. § 5302(a)(1)(G)(ii) and suggested that the correct citation is 49 U.S.C. 5302(a)(1)(G)(i). This same commenter suggested that FTA substitute ‘‘section (I)’’ for ‘‘section (II)’’ in the first paragraph of section II and at the end of footnote 7. FTA Response: FTA has corrected both errors in this final Agency guidance. FTA hereby publishes the text of its final guidance on the eligibility of joint development improvements under Federal transit law. Issued on the 1st day of February, 2007. James S. Simpson, Administrator. [FR Doc. E7–1977 Filed 2–6–07; 8:45 am] BILLING CODE 4910–57–P PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency Agency Information Collection Activities: Proposed Information Collection; Comment Request Office of the Comptroller of the Currency (OCC), Treasury. ACTION: Notice and request for comment. AGENCY: SUMMARY: The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995. An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comment concerning an extension of OMB approval of the information collection titled, ‘‘Lending Limits—12 CFR 32.’’ DATES: Comments should be submitted by April 9, 2007. ADDRESSES: Communications Division, Office of the Comptroller of the Currency, Public Information Room, Mailstop 1–5, Attention: 1557–0221, 250 E Street, SW., Washington, DC 20219. In addition, comments may be sent by fax to (202) 874–4448, or by electronic mail to regs.comments@occ.treas.gov. You can inspect and photocopy the comments at the OCC’s Public Information Room, 250 E Street, SW., Washington, DC 20219. You can make an appointment to inspect the comments by calling (202) 874–5043. Additionally, you should send a copy of your comments to OCC Desk Officer, 1557–0221, by mail to U.S. Office of Management and Budget, 725 17th Street, NW., #10235, Washington, DC 20503, or by fax to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: You may request additional information from Mary Gottlieb, Clearance Officer, or Camille Dickerson, (202) 874–5090, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Title: Lending Limits—12 CFR 32. Type of Review: Extension, without revision, of a currently approved collection. OMB Control Number: 1557–0221. Description: 12 CFR 32.7(b) established a pilot program providing E:\FR\FM\07FEN1.SGM 07FEN1 Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Notices exceptions to the lending limits for 1– 4 family residential real estate loans and loans to small businesses. The exceptions benefit national banks, purchasers of real estate, and small businesses. This information collection requires national banks that want to take advantage of the exceptions to apply to OCC and receive approval before using the exceptions. The OCC needs the information to evaluate whether a bank is eligible to use the exceptions and to insure that the bank’s safety and soundness will not be jeopardized. Affected Public: Businesses or other for-profit. Burden Estimates: Estimated Number of Respondents: 1,820. Estimated Number of Responses: 1,820. Estimated Annual Burden: 47,320 hours. Frequency of Response: On occasion. Comments: Comments submitted in response to this notice will be summarized and included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) The accuracy of the agency’s estimate of the burden of the collection of information; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; (d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) Estimates of capital or startup costs and costs of operation, maintenance, and purchase of services to provide information. legal interpretations issued by the Department’s General Counsel involving veterans’ benefits under laws administered by VA. These interpretations are considered precedential by VA and will be followed by VA officials and employees in future claim matters. The summary is published to provide the public, and, in particular, veterans’ benefits claimants and their representatives, with notice of VA’s interpretation regarding the legal matter at issue. FOR FURTHER INFORMATION CONTACT: Susan P. Sokoll, Law Librarian, Department of Veterans Affairs, 810 Vermont Avenue, NW. (026H), Washington, DC 20420, (202) 273–6558. SUPPLEMENTARY INFORMATION: VA regulations at 38 CFR 2.6(e)(8) and 14.507 authorize the Department’s General Counsel to issue written legal opinions having precedential effect in adjudications and appeals involving veterans’ benefits under laws administered by VA. The General Counsel’s interpretations on legal matters, contained in such opinions, are conclusive as to all VA officials and employees not only in the matter at issue but also in future adjudications and appeals, in the absence of a change in controlling statute or regulation or a superseding written legal opinion of the General Counsel. VA publishes summaries of such opinions in order to provide the public with notice of those interpretations of the General Counsel that must be followed in future benefit matters and to assist veterans’ benefits claimants and their representatives in the prosecution of benefit claims. The full text of such opinions, with personal identifiers deleted, may be obtained by contacting the VA official named above or by accessing the opinions on the internet at https://www1.va.gov/OGC/. Dated: February 1, 2007. Stuart Feldstein, Assistant Director, Legislative and Regulatory Activities Division. [FR Doc. E7–1945 Filed 2–6–07; 8:45 am] Questions Presented A. In general, what impact does a veteran’s return to active duty have on a pending claim for benefits? What is the status of the veteran’s claim? What actions should or may the Department of Veterans Affairs (VA) take? B. When a veteran’s claim has been remanded to a regional office for an examination and the veteran is not available for the examination because of the veteran’s return to active duty, what is the status of the veteran’s claim? What actions should or may VA take? C. When a veteran with a pending claim returns to active duty and is able to attend a scheduled examination while on active duty, what is the status BILLING CODE 4810–33–P sroberts on PROD1PC70 with NOTICES DEPARTMENT OF VETERANS AFFAIRS Summary of Precedent Opinions of the General Counsel Department of Veterans Affairs. Notice. AGENCY: ACTION: SUMMARY: The Department of Veterans Affairs (VA) is publishing a summary of VerDate Aug<31>2005 21:36 Feb 06, 2007 Jkt 211001 VAOPGCPREC 10–2004 PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 5801 of the veteran’s claim? What actions should or may VA take? D. If a veteran with a pending claim returns to active duty and dies while on active duty, what is the effect of the pending claim on a subsequent claim for accrued benefits? Held A. A veteran’s return to active duty while his or her claim for benefits from the Department of Veterans Affairs (VA) is pending does not alter the rights and duties of the claimant and VA under any statute or regulation with respect to the development and adjudication of the claim or the status of the claim within the meaning of any statute or regulation. VA should process the claims of such veterans in the same fashion as it would had the veterans not returned to active duty. If a veteran’s return to active duty temporarily prevents VA from providing a necessary medical examination or taking other action necessary to a proper decision on the claim, VA may suspend or defer action on the claim until the necessary actions can be accomplished. VA may not deny a claim solely because the veteran has returned to active duty or solely because the veteran is temporarily unavailable for a necessary examination due to his or her return to active duty. B. When a veteran’s claim has been remanded to a regional office for an examination and the veteran is not available for the examination because of the veteran’s return to active duty, VA may defer action on the claim until the required examination can be conducted. VA may not deny the claim solely because the veteran is temporarily unavailable for examination due to his or her return to active duty. The veteran’s return to active duty does not alter the status of the veteran’s claim within the meaning of any statute or regulation. C. When a veteran has a pending claim and returns to active duty, but is able to attend a VA examination while on active duty, VA should process the claim in the same manner as it would if the veteran had not returned to active duty. The veteran’s return to active duty does not alter the status of the veteran’s claim within the meaning of any statute or regulation. D. If a veteran with a pending claim returns to active duty and dies on active duty before the claim is decided, the pending claim may provide the basis for an award of accrued benefits to a survivor under 38 U.S.C. 5121(a). Accrued benefits consist only of amounts ‘‘due and unpaid’’ to the deceased beneficiary. Because 38 U.S.C. 5304(c) prohibits VA from paying E:\FR\FM\07FEN1.SGM 07FEN1

Agencies

[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Notices]
[Pages 5800-5801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-1945]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Proposed Information 
Collection; 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 comment on a continuing information collection, as required 
by the Paperwork Reduction Act of 1995. An agency may not conduct or 
sponsor, and a respondent is not required to respond to, an information 
collection unless it displays a currently valid Office of Management 
and Budget (OMB) control number. The OCC is soliciting comment 
concerning an extension of OMB approval of the information collection 
titled, ``Lending Limits--12 CFR 32.''

DATES: Comments should be submitted by April 9, 2007.

ADDRESSES: Communications Division, Office of the Comptroller of the 
Currency, Public Information Room, Mailstop 1-5, Attention: 1557-0221, 
250 E Street, SW., Washington, DC 20219. In addition, comments may be 
sent by fax to (202) 874-4448, or by electronic mail to 
regs.comments@occ.treas.gov. You can inspect and photocopy the comments 
at the OCC's Public Information Room, 250 E Street, SW., Washington, DC 
20219. You can make an appointment to inspect the comments by calling 
(202) 874-5043.
    Additionally, you should send a copy of your comments to OCC Desk 
Officer, 1557-0221, by mail to U.S. Office of Management and Budget, 
725 17th Street, NW., 10235, Washington, DC 20503, or by fax 
to (202) 395-6974.

FOR FURTHER INFORMATION CONTACT: You may request additional information 
from Mary Gottlieb, Clearance Officer, or Camille Dickerson, (202) 874-
5090, Legislative and Regulatory Activities Division, Office of the 
Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219.

SUPPLEMENTARY INFORMATION:
    Title: Lending Limits--12 CFR 32.
    Type of Review: Extension, without revision, of a currently 
approved collection.
    OMB Control Number: 1557-0221.
    Description: 12 CFR 32.7(b) established a pilot program providing

[[Page 5801]]

exceptions to the lending limits for 1-4 family residential real estate 
loans and loans to small businesses. The exceptions benefit national 
banks, purchasers of real estate, and small businesses. This 
information collection requires national banks that want to take 
advantage of the exceptions to apply to OCC and receive approval before 
using the exceptions. The OCC needs the information to evaluate whether 
a bank is eligible to use the exceptions and to insure that the bank's 
safety and soundness will not be jeopardized.
    Affected Public: Businesses or other for-profit.
    Burden Estimates:
    Estimated Number of Respondents: 1,820.
    Estimated Number of Responses: 1,820.
    Estimated Annual Burden: 47,320 hours.
    Frequency of Response: On occasion.
    Comments: Comments submitted in response to this notice will be 
summarized and included in the request for OMB approval. All comments 
will become a matter of public record. Comments are invited on:
    (a) Whether the collection is necessary for the proper performance 
of the functions of the agency, including whether the information has 
practical utility;
    (b) The accuracy of the agency's estimate of the burden of the 
collection of information;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected;
    (d) Ways to minimize the burden of the collection on respondents, 
including through the use of automated collection techniques or other 
forms of information technology; and
    (e) Estimates of capital or startup costs and costs of operation, 
maintenance, and purchase of services to provide information.

    Dated: February 1, 2007.
Stuart Feldstein,
Assistant Director, Legislative and Regulatory Activities Division.
 [FR Doc. E7-1945 Filed 2-6-07; 8:45 am]
BILLING CODE 4810-33-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.