Submission for OMB Review; Comment Request, 71435-71436 [2011-29686]
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jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices
chapter 301 on the basis that this
noncompliance is inconsequential to
motor vehicle safety.
Notice of receipt of Continental’s
petition was published, with a 30-day
public comment period, on April 7,
2010, in the Federal Register (75 FR
17830). No comments were received. To
view the petition and all supporting
documents log onto the Federal Docket
Management System Web site at: https://
www.regulations.gov/. Then follow the
online search instructions to locate
docket number ‘‘NHTSA–2010–0024.’’
For further information on this
decision, contact Mr. George Gillespie,
Office of Vehicle Safety Compliance, the
National Highway Traffic Safety
Administration (NHTSA), telephone
(202) 366–5299, facsimile (202) 366–
7002.
Affected are approximately 28,169
size 235/55R18 100V SL Continental
brand CrossContact UHP model
passenger car tires manufactured
between March of 2007 and June of
2009 at Continental’s plant located in
Otrokovice, Czech Republic. A total of
8,858 of these tires have been delivered
to Continental’s customers. The
remaining tires (approximately 19,311)
are being held in Continental’s
possession until they can be correctly
relabeled.
Continental explains that the
noncompliance is that, due to a mold
stamping anomaly, the sidewall marking
on the tires incorrectly describes the
actual generic name and number of the
body plies. Specifically, the tires in
question were inadvertently
manufactured with ‘‘TREAD 6 PLIES: 2
POLYESTER + 2 STEEL + 2 NYLON;
SIDEWALL 2 PLY POLYESTER.’’ The
labeling should have been ‘‘TREAD 5
PLIES: 1 RAYON + 2 STEEL + 2
NYLON; SIDEWALL 1 PLY RAYON.’’
Continental states that all other sidewall
identification markings and safety
information are correct.
Continental argues that this noncompliant sidewall marking is
inconsequential to motor vehicle safety
as it ‘‘does not affect the safety,
performance and durability of the tire;
the tires were built as designed.’’ In
addition, Continental states that the
tires comply with all other NHTSA
requirements.
Continental said that it performs
ongoing compliance testing ‘‘to assure
tire performance’’ and that ‘‘all tires
included in this petition will meet or
exceed the performance requirements of
FMVSS 139.’’ Continental further states
that ‘‘there will be no operational
impact on the performance or safety of
vehicles on which these tires are
mounted.’’
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17:25 Nov 16, 2011
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Continental points out that NHTSA
has previously granted similar petitions
for non-compliances in sidewall
marking.
Continental also stated that it has
corrected the problem that caused these
errors so that they will not be repeated
in future production.
In summation, Continental states that
it believes that because the
noncompliances are inconsequential to
motor vehicle safety that no corrective
action is warranted.
NHTSA Decision: The agency agrees
with Continental that the
noncompliances are inconsequential to
motor vehicle safety. The agency
believes that the true measure of
inconsequentiality to motor vehicle
safety in this case is that there is no
effect of the noncompliances on the
operational safety of vehicles on which
these tires are mounted. The safety of
people working in the tire retread,
repair, and recycling industries must
also be considered. Although tire
construction affects the strength and
durability, neither the agency nor the
tire industry provides information
relating tire strength and durability to
the number of plies and types of ply
cord material in the tread and sidewall.
Therefore, tire dealers and customers
should consider the tire construction
information along with other
information such as load capacity,
maximum inflation pressure, and tread
wear, temperature, and traction ratings,
to assess performance capabilities of
various tires. In the agency’s judgment,
the incorrect labeling of the tire
construction information will have an
inconsequential effect on motor vehicle
safety because most consumers do not
base tire purchases or vehicle operation
parameters on the ply material in a tire.
The agency also believes the
noncompliance will have no
measureable effect on the safety of the
tire retread, repair, and recycling
industries. The use of steel cord
construction in the sidewall and tread is
the primary safety concern of these
industries. In this case, since the tire
sidewalls do not contain steel plies, this
potential safety concern does not exist.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, this
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71435
decision only applies to the 8,858 1 tires
that Continental no longer controlled at
the time that it determined that a
noncompliance existed in the subject
vehicles.
In consideration of the foregoing,
NHTSA has decided that Continental
has met its burden of persuasion that
the subject FMVSS No. 139 labeling
noncompliances are inconsequential to
motor vehicle safety. Accordingly,
Continental’s petition is granted and the
petitioner is exempted from the
obligation of providing notification of,
and a remedy for, the subject
noncompliance under 49 U.S.C. 30118
and 30120.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at CFR 1.50 and
501.8
Issued on: November 7, 2011.
Claude H. Harris,
Director, Acting Associate Administrator for
Enforcement.
[FR Doc. 2011–29740 Filed 11–16–11; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Submission for OMB Review;
Comment Request
November 10, 2011.
The Department of the Treasury will
submit the following public information
collection requirement to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13 on or after the
publication date of this notice. A copy
of the submission may be obtained by
calling the Bureau Information
Clearance Officer listed. Comments
regarding this information collection
should be addressed to the OMB
reviewer listed and to the Treasury PRA
Clearance Officer, Department of the
Treasury, 1750 Pennsylvania Avenue
NW., Suite 11010, Washington, DC
20220.
DATES: Written comments should be
received on or before December 19, 2011
to be assured of consideration.
Office of Financial Education and
Financial Access
OMB Number: 1505–XXXX.
1 Continental’s petition, which was filed under 49
CFR part 556, requests an agency decision to
exempt Continental as a manufacturer from the
notification and recall responsibilities of 49 CFR
part 573 for 8,858 of the affected tires. However, the
agency cannot relieve distributors and dealers of the
prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into
interstate commerce of the noncompliant tires
under their control after Continental notified them
that the subject noncompliance existed.
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71436
Federal Register / Vol. 76, No. 222 / Thursday, November 17, 2011 / Notices
Type of Review: New collection.
Title: Assessing Financial Capability
Outcomes.
Abstract: Pursuant to the Title XII of
the Dodd-Frank Wall Street Reform and
Financial Protection Act (Pub. L. 111–
203), the Department of the Treasury is
implementing an Assessing Financial
Capability Outcomes pilot to determine
whether the close integration of
financial access (access to an account at
a financial institution) and financial
education delivered in a timely,
relevant, and actionable manner, will
create significant impact on the
financial behaviors and/or outcomes of
participants. The information collected
will be used for research, to promote the
Treasury’s understanding of likely
outcomes of financial capability
interventions.
Respondents: Individuals or
households, non-profit organizations,
state, tribal or local government entities,
businesses or other for-profit entities.
Estimated Total Annual Burden
Hours: 4,400.
Treasury Clearance Officer:: Louisa
M. Quittman, Director, Community
Programs, Office of Financial Education
and Financial Access, U.S. Department
of the Treasury, 1500 Pennsylvania
Avenue NW., Washington, DC 20220.
(202) 622–5770.
OMB Reviewer: Shagufta Ahmed,
Office of Management and Budget, New
Executive Office Building, Room 10235,
Washington, DC 20503; (202) 395–7873.
Robert Dahl,
Treasury PRA Clearance Officer.
[FR Doc. 2011–29686 Filed 11–16–11; 8:45 am]
BILLING CODE 4810–70–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities Proposed Information
Collection; Submission for OMB
Review
Office of the Comptroller of the
Currency (OCC), Treasury.
ACTION: Notice and request for comment.
AGENCY:
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 a continuing information
collection, as required by the Paperwork
Reduction Act of 1995. Currently, the
OCC is soliciting comment concerning
its extension, without change, of an
information collection titled ‘‘Debt
jlentini on DSK4TPTVN1PROD with NOTICES
SUMMARY:
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17:25 Nov 16, 2011
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Cancellation Contracts and Debt
Suspension Agreements—12 CFR 37.’’
In addition, the OCC is giving notice
that it has submitted the collection to
OMB for review.
DATES: You should submit written
comments by: December 19, 2011.
ADDRESSES: Communications Division,
Office of the Comptroller of the
Currency, Mail Stop 2–3, Attention:
1557–0224, 250 E Street SW.,
Washington, DC 20219. In addition,
comments may be sent by fax to (202)
874–5274, or by electronic mail to regs.
comments@occ.treas.gov. You may
personally inspect and photocopy
comments at the OCC, 250 E Street SW.,
Washington, DC. For security reasons,
the OCC requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 874–4700.
Upon arrival, visitors will be required to
present valid government-issued photo
identification and to submit to security
screening in order to inspect and
photocopy comments.
Additionally, please send a copy of
your comments to OCC Desk Officer,
1557–0224, 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
can request additional information or a
copy of the collection from Ira L. Mills
or Mary H. Gottlieb, OCC Clearance
Officers, (202) 874–6055 or (202) 874–
5090, Legislative and Regulatory
Activities Division (1557–0202), 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 information collection:
Title: Debt Cancellation Contracts and
Debt Suspension Agreements.
OMB Control No.: 1557–0224.
Description: This submission covers
an existing regulation and involves no
change to the regulation or the
information collection. The OCC
requests that OMB approve its revised
estimates and renew its approval of the
information collection. The estimates
have been revised to reflect the current
number of national banks.
The regulation requires national
banks to disclose information about a
Debt Cancellation Contract (DCC) or
Debt Suspension Agreement (DSA). The
short form disclosure usually is made
orally and is issued at the time the bank
firsts solicits the purchase of a contract.
The long form disclosure usually is
made in writing and is issued before the
customer completes the purchase of the
contract. There are special rules for
transactions by telephone, solicitations
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using written mail inserts or ‘‘take one’’
applications, and electronic
transactions. Part 37 provides two forms
of disclosure that serve as models for
satisfying the requirements of the rule.
Use of the forms is not mandatory. A
bank may adjust the form and wording
of its disclosures so long as the
requirements of the regulation are met.
12 U.S.C. 24 (Seventh) authorizes
national banks to enter into DCCs and
DSAs. The requirements of part 37
enhance consumer protections for
customers who buy DCCs and DSAs
from national banks and ensure that
national banks provide these products
in a safe and sound manner by requiring
them to effectively manage their risk
exposure.
Section 37.6
Section 37.6 and Appendices A and B
to part 37 require a bank to provide the
following disclosures, as appropriate:
• Anti-tying—A bank must inform the
customer that purchase of the product is
optional and neither its decision
whether to approve the loan nor the
terms and conditions of the loan are
conditioned on the purchase of a DCC
or DSA.
• Explanation of debt suspension
agreement—A bank must disclose that if
a customer activates the agreement, the
customer’s duty to pay the loan
principal and interest is only suspended
and the customer must fully repay the
loan after the period of suspension has
expired.
• Amount of the fee—A bank must
make disclosures regarding the amount
of the fee. The disclosure must differ
depending on whether the credit is
open-end or closed-end. In the case of
closed-end credit, the bank must
disclose the total fee. In the case of
open-end credit, the bank must either
disclose that the periodic fee is based on
the account balance multiplied by a unit
cost and provide the unit cost, or
disclose the formula used to compute
the fee.
• Lump sum payment of fee—A bank
must disclose, where appropriate, that a
customer has the option to pay the fee
in a single payment or in periodic
payments. This disclosure is not
appropriate in the case of a DCC or DSA
provided in connection with a home
mortgage loan since the option to pay
the fee in a single payment is not
available in that case. Banks are also
required to disclose that adding the fee
to the amount borrowed will increase
the cost of the contract.
• Lump sum payment of fee with no
refund—A bank must disclose that the
customer has the option to choose a
contract with or without a refund
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]]>Agencies
[Federal Register Volume 76, Number 222 (Thursday, November 17, 2011)]
[Notices]
[Pages 71435-71436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29686]
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DEPARTMENT OF THE TREASURY
Submission for OMB Review; Comment Request
November 10, 2011.
The Department of the Treasury will submit the following public
information collection requirement to OMB for review and clearance
under the Paperwork Reduction Act of 1995, Public Law 104-13 on or
after the publication date of this notice. A copy of the submission may
be obtained by calling the Bureau Information Clearance Officer listed.
Comments regarding this information collection should be addressed to
the OMB reviewer listed and to the Treasury PRA Clearance Officer,
Department of the Treasury, 1750 Pennsylvania Avenue NW., Suite 11010,
Washington, DC 20220.
DATES: Written comments should be received on or before December 19,
2011 to be assured of consideration.
Office of Financial Education and Financial Access
OMB Number: 1505-XXXX.
[[Page 71436]]
Type of Review: New collection.
Title: Assessing Financial Capability Outcomes.
Abstract: Pursuant to the Title XII of the Dodd-Frank Wall Street
Reform and Financial Protection Act (Pub. L. 111-203), the Department
of the Treasury is implementing an Assessing Financial Capability
Outcomes pilot to determine whether the close integration of financial
access (access to an account at a financial institution) and financial
education delivered in a timely, relevant, and actionable manner, will
create significant impact on the financial behaviors and/or outcomes of
participants. The information collected will be used for research, to
promote the Treasury's understanding of likely outcomes of financial
capability interventions.
Respondents: Individuals or households, non-profit organizations,
state, tribal or local government entities, businesses or other for-
profit entities.
Estimated Total Annual Burden Hours: 4,400.
Treasury Clearance Officer:: Louisa M. Quittman, Director,
Community Programs, Office of Financial Education and Financial Access,
U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW.,
Washington, DC 20220. (202) 622-5770.
OMB Reviewer: Shagufta Ahmed, Office of Management and Budget, New
Executive Office Building, Room 10235, Washington, DC 20503; (202) 395-
7873.
Robert Dahl,
Treasury PRA Clearance Officer.
[FR Doc. 2011-29686 Filed 11-16-11; 8:45 am]
BILLING CODE 4810-70-P
