Agency Request for Emergency Approval of an Information Collection, 11647-11648 [2016-04802]
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jstallworth on DSK7TPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
who participated in this assessment
reported no difference in their visual
perception of the test specimens.
Additionally, BMW noted that even
for the out-of-specification lamp, all of
the eight (8) test points satisfy the
applicable FMVSS No. 108 photometric
(illumination) requirements. BMW
emphasized that the noncompliance
pertains to the illumination ratio, not to
the actual lamp illumination. As a
consequence, BMW asserts that while
the noncompliance condition can be
measured in a laboratory, it cannot be
detected by the human eye, and
therefore drivers of approaching
vehicles will be afforded the same level
of visibility as if approaching a nonaffected vehicle. According to BMW,
these analyses support the conclusion
that the condition caused by the
noncompliance does not affect the
safety of affected vehicle occupants or
other road users such as drivers
approaching affected vehicles.
(4) Field Experience: BMW states that
its Customer Relations division has not
received any contacts from vehicle
owners regarding the matter at issue. As
a consequence, BMW believes that,
consistent with the results of the
laboratory tests and human assessments
described above, the condition is
undetectable to road users such as
drivers approaching affected vehicles.
BMW further notes that it is not aware
of any accidents or injuries that have
occurred as a result of the condition.
(5) Prior NHTSA Rulings: BMW states
that NHTSA has previously granted
petitions from other manufacturers
involving various issues pertaining to
FMVSS No. 108 noncompliance. BMW
believes that in some of those petitions,
the photometry (illumination) of the test
points remains well above the FMVSS
No. 108 requirements as the
noncompliance has no affect upon the
illumination of the test points.
(6) Vehicle Production: BMW stated
that subsequent vehicle production has
been corrected to conform to paragraph
7.7.13.3 of FMVSS No. 108.
In summation, BMW expressed the
belief that the subject noncompliance is
inconsequential to motor vehicle safety,
and that its petition, to exempt BMW
from providing notification of the
noncompliance, as required by 49
U.S.C. 30118, and remedying the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
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
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15:22 Mar 03, 2016
Jkt 238001
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, any
decision on this petition only applies to
the subject vehicles that BMW no longer
controlled at the time it determined that
the noncompliance existed. However,
any decision on this petition does not
relieve vehicle distributors and dealers
of the prohibitions on the sale, offer for
sale, or introduction or delivery for
introduction into interstate commerce of
the noncompliant vehicles under their
control after BMW notified them that
the subject noncompliance existed.
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.
Jeffrey M. Giuseppe,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2016–04862 Filed 3–3–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF TRANSPORTATION
[Docket No. DOT–OST–2016–0033]
Agency Request for Emergency
Approval of an Information Collection
Office of the Secretary of
Transportation (OST), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), the Department of
Transportation (DOT) provides notice
that it will submit an information
collection requests (ICR) to the Office of
Management and Budget (OMB) for
emergency approval of a proposed
information collection. Upon receiving
the requested six-month emergency
approval by OMB, the Office of the
Secretary of Transportation (OST) will
follow the normal PRA procedures to
obtain extended approval for this
proposed information collection. The
collection of information is necessary in
order to receive applications for grant
funds pursuant to Section 1105 of the
Fixing America’s Surface Transportation
(FAST) Act of 2015, which was signed
into law on December 4, 2015. Section
1105 establishes a new program for OST
to provide Supplemental Discretionary
Grants for a Nationally Significant
Freight and Highway Projects (NSFHP)
program. The Department will also refer
to NSFHP grants as Fostering
Advancements in Shipping and
Transportation for the Long-term
Achievement of National Efficiencies
(FASTLANE) grants. The FAST Act
provides specific deadlines for this
SUMMARY:
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11647
program, including a statutory 60-day
Congressional notification requirement,
which is no later than July 30, 2016. In
order to ensure that the NSFHP grants
are awarded in an expeditious manner
and in the timeframes established by the
FAST Act, the Department requests
approval of an information collection
using OMB’s emergency processing
system to meet Paperwork Reduction
Act (PRA) requirements.
Information related to this ICR,
including applicable supporting
documentation may be obtained by
contacting the NSFHP program manager
via email at NSFHP@dot.gov.
DATES: Comments should be submitted
as soon as possible upon publication of
this notice in the Federal Register.
Comments and questions should be
directed to the Office of Information and
Regulatory Affairs (OIRA), Attn: OST
OMB Desk Officer, 725 17th Street NW.,
Washington, DC 20503. Comments and
questions about the ICR identified
below may be transmitted electronically
to OIRA at oira_submissions@
omb.eop.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2105–XXXX
Title: Supplemental Discretionary
Grants for a Nationally Significant
Freight and Highway Projects (NSFHP)
program, or NSFHP program.
Type of Review: Emergency
information collection request.
Expected Number of Respondents:
Approximately 200.
Frequency: The Department expects
that this information collection will
occur up to five times—once per fiscal
year—from FY 2016 through FY 2020.
Estimated Average Burden per
Response: 100 hours.
Estimated Total Annual Burden:
20,000.
Abstract: On December 4, 2015,
President Obama signed into law the
Fixing America’s Surface Transportation
Act, or ‘‘FAST Act.’’ It is the first law
enacted in over ten years that provides
long-term funding certainty for surface
transportation. The FAST Act
authorized at $4.5 billion for fiscal years
(FY) 2016 through 2020, including $800
million for FY 2016 to be awarded by
the Department of Transportation (the
‘‘Department’’) on a competitive basis to
projects of national or regional
significance. The funds provided by
NSFHP program will be awarded on a
competitive basis to projects that have a
significant impact on the Nation, a
metropolitan area, or a region. On or
about the date hereof, the Department
published a solicitation for applications
for NSFHP grants. The solicitation
announces the availability of funding
E:\FR\FM\04MRN1.SGM
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11648
Federal Register / Vol. 81, No. 43 / Friday, March 4, 2016 / Notices
for NSFHP grants, project selection
criteria, application requirements and
the deadline for submitting
applications.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
and 49 CFR 1:48.
Issued in Washington, DC, on February 26,
2016.
John Augustine,
Director, Office of Infrastructure and
Innovative Finance.
[FR Doc. 2016–04802 Filed 3–3–16; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Financial Crimes Enforcement
Network; Withdrawal of Finding
Regarding Banca Privada d’Andorra
Financial Crimes Enforcement
Network (‘‘FinCEN’’), Treasury.
ACTION: Withdrawal of finding.
AGENCY:
This document withdraws
FinCEN’s finding that Banca Privada
d’Andorra (‘‘BPA’’) is a financial
institution of primary money laundering
concern, pursuant to Section 311 of the
USA PATRIOT Act (‘‘Section 311’’),
codified at 31 U.S.C. 5318A. Because of
material subsequent developments that
have mitigated the money laundering
risks associated with BPA, FinCEN has
determined that BPA is no longer a
primary money laundering concern that
warrants the implementation of a
special measure under Section 311.
Elsewhere in this issue of the Federal
Register, FinCEN is publishing a
withdrawal of the related notice of
proposed rulemaking that would have
imposed a special measure against BPA.
DATES: The finding is withdrawn as of
March 4, 2016.
FOR FURTHER INFORMATION CONTACT: The
FinCEN Resource Center at (800) 767–
2825.
SUMMARY:
SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with NOTICES
I. Background
On October 26, 2001, the President
signed into law the Uniting and
Strengthening America by Providing
Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001,
Public Law 107–56 (‘‘the USA PATRIOT
Act’’). Title III of the USA PATRIOT Act
amends the anti-money laundering
provisions of the Bank Secrecy Act
(‘‘BSA’’), codified at 12 U.S.C. 1829b, 12
U.S.C. 1951–1959, and 31 U.S.C. 5311–
5314, 5316–5332, to promote the
prevention, detection, and prosecution
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15:22 Mar 03, 2016
Jkt 238001
of international money laundering and
the financing of terrorism. Regulations
implementing the BSA appear at 31 CFR
Chapter X. The authority of the
Secretary of the Treasury to administer
the BSA and its implementing
regulations has been delegated to the
Director of FinCEN.
Section 311 of the USA PATRIOT Act
(‘‘Section 311’’) grants the Director of
FinCEN the authority, upon finding that
reasonable grounds exist for concluding
that a foreign jurisdiction, foreign
financial institution, class of
transactions, or type of account is of
‘‘primary money laundering concern,’’
to require domestic financial
institutions and financial agencies to
take certain ‘‘special measures’’ to
address the primary money laundering
concern. The special measures
enumerated under Section 311 are
prophylactic safeguards that defend the
U.S. financial system from money
laundering and terrorist financing.
FinCEN may impose one or more of
these special measures in order to
protect the U.S. financial system from
these threats. To that end, special
measures one through four, codified at
31 U.S.C. 5318A(b)(1)–(b)(4), impose
additional recordkeeping, information
collection, and information reporting
requirements on covered U.S. financial
institutions. The fifth special measure,
codified at 31 U.S.C. 5318A(b)(5),
allows the Director to prohibit or
impose conditions on the opening or
maintaining of correspondent or
payable-through accounts by covered
U.S. financial institutions.
II. The Finding and Notice of Proposed
Rulemaking
On March 13, 2015, FinCEN provided
notice in the Federal Register that it had
found Banca Privada d’Andorra
(‘‘BPA’’), a bank headquartered in
Andorra, to be of primary money
laundering concern.1 Based on the
finding, FinCEN also published on
March 13, 2015 a notice of proposed
rulemaking (‘‘NPRM’’) proposing the
imposition of the fifth special measure
with respect to BPA, and invited public
comment.2 Specifically, FinCEN
proposed to prohibit covered financial
institutions from establishing,
maintaining, administering, or
managing in the United States any
correspondent account for, or on behalf
of, BPA. FinCEN also proposed to
require a covered financial institution to
apply special due diligence to all of its
1 80
FR 13464 (Mar. 13, 2015).
FR 13304 (Mar. 13, 2015) (RIN 1506–AB30).
FinCEN publicly announced the finding and NPRM
on March 10, 2015.
2 80
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
foreign correspondent accounts that is
reasonably designed to guard against
processing transactions involving BPA.
Among other things, covered financial
institutions would have been required
to notify those foreign correspondent
account holders that the covered
financial institutions know or have
reason to know provide services to BPA
that such correspondents may not
provide BPA with access to the
correspondent account maintained at
the covered financial institution.
III. Subsequent Developments
Significant developments regarding
BPA have occurred since FinCEN
announced its finding and related
NPRM regarding BPA, as described
below. As a result, BPA is no longer
operating as a financial institution that
poses a money laundering threat to the
U.S. financial system.
On March 11, 2015, the Institut
`
Nacional Andorra de Finances
(‘‘INAF’’), the Andorran regulator and
supervisor of financial institutions,
appointed two INAF representatives to
oversee BPA’s operations. On March 12,
2015, the INAF suspended the authority
of BPA’s board of directors, the chief
executive officer and two other senior
managers and appointed special
administrators to assume full control of
BPA. On March 13, 2015, Andorran law
enforcement arrested BPA’s chief
executive officer in Andorra on
suspicion of money laundering.
The next month, in April 2015, the
Andorran parliament enacted a law
regarding the restructuring and
resolution of banks, which created a
`
new government agency, Agencia
´
`
Estatal de Resolucio d’Entitats Bancaries
(‘‘AREB’’), for that purpose. On April
27, 2015, AREB took over control of
BPA.3 In June 2015, AREB approved a
resolution plan for BPA, under which
the bank’s ‘‘good’’ and ‘‘bad’’ assets,
liabilities, and clients would be
separated. Under the resolution plan,
the ‘‘good’’ assets, liabilities, and clients
are to be transferred to a bridge bank,
and the bridge bank sold.4 In July 2015,
AREB announced the creation of the
bridge bank, named Vall Banc, to
receive the transfer of BPA’s legitimate
assets, liabilities, and clients. Vall Banc
is wholly-owned by AREB, is registered
with the INAF, and is supervised by
3 Press Release, AREB, AREB Assumes the
Tutelage of BPA, April 27, 2015, (https://areb.ad/
images/areb/comunicats/27042015_AREB_
ENG.pdf.)
4 Press Release, AREB, AREB Will Create a ‘Good
Bank’ with Legitimate Assets and Liabilities
Segregated from BPA, June 15, 2015, (https://
areb.ad/images/areb/comunicats/15062015_AREB_
ENG.pdf.)
E:\FR\FM\04MRN1.SGM
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Agencies
[Federal Register Volume 81, Number 43 (Friday, March 4, 2016)]
[Notices]
[Pages 11647-11648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04802]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
[Docket No. DOT-OST-2016-0033]
Agency Request for Emergency Approval of an Information
Collection
AGENCY: Office of the Secretary of Transportation (OST), DOT.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), the Department of Transportation (DOT) provides
notice that it will submit an information collection requests (ICR) to
the Office of Management and Budget (OMB) for emergency approval of a
proposed information collection. Upon receiving the requested six-month
emergency approval by OMB, the Office of the Secretary of
Transportation (OST) will follow the normal PRA procedures to obtain
extended approval for this proposed information collection. The
collection of information is necessary in order to receive applications
for grant funds pursuant to Section 1105 of the Fixing America's
Surface Transportation (FAST) Act of 2015, which was signed into law on
December 4, 2015. Section 1105 establishes a new program for OST to
provide Supplemental Discretionary Grants for a Nationally Significant
Freight and Highway Projects (NSFHP) program. The Department will also
refer to NSFHP grants as Fostering Advancements in Shipping and
Transportation for the Long-term Achievement of National Efficiencies
(FASTLANE) grants. The FAST Act provides specific deadlines for this
program, including a statutory 60-day Congressional notification
requirement, which is no later than July 30, 2016. In order to ensure
that the NSFHP grants are awarded in an expeditious manner and in the
timeframes established by the FAST Act, the Department requests
approval of an information collection using OMB's emergency processing
system to meet Paperwork Reduction Act (PRA) requirements.
Information related to this ICR, including applicable supporting
documentation may be obtained by contacting the NSFHP program manager
via email at NSFHP@dot.gov.
DATES: Comments should be submitted as soon as possible upon
publication of this notice in the Federal Register. Comments and
questions should be directed to the Office of Information and
Regulatory Affairs (OIRA), Attn: OST OMB Desk Officer, 725 17th Street
NW., Washington, DC 20503. Comments and questions about the ICR
identified below may be transmitted electronically to OIRA at
oira_submissions@omb.eop.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 2105-XXXX
Title: Supplemental Discretionary Grants for a Nationally
Significant Freight and Highway Projects (NSFHP) program, or NSFHP
program.
Type of Review: Emergency information collection request.
Expected Number of Respondents: Approximately 200.
Frequency: The Department expects that this information collection
will occur up to five times--once per fiscal year--from FY 2016 through
FY 2020.
Estimated Average Burden per Response: 100 hours.
Estimated Total Annual Burden: 20,000.
Abstract: On December 4, 2015, President Obama signed into law the
Fixing America's Surface Transportation Act, or ``FAST Act.'' It is the
first law enacted in over ten years that provides long-term funding
certainty for surface transportation. The FAST Act authorized at $4.5
billion for fiscal years (FY) 2016 through 2020, including $800 million
for FY 2016 to be awarded by the Department of Transportation (the
``Department'') on a competitive basis to projects of national or
regional significance. The funds provided by NSFHP program will be
awarded on a competitive basis to projects that have a significant
impact on the Nation, a metropolitan area, or a region. On or about the
date hereof, the Department published a solicitation for applications
for NSFHP grants. The solicitation announces the availability of
funding
[[Page 11648]]
for NSFHP grants, project selection criteria, application requirements
and the deadline for submitting applications.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C.
Chapter 35, as amended; and 49 CFR 1:48.
Issued in Washington, DC, on February 26, 2016.
John Augustine,
Director, Office of Infrastructure and Innovative Finance.
[FR Doc. 2016-04802 Filed 3-3-16; 8:45 am]
BILLING CODE 4910-9X-P