Agency Information Collection Activities: Information Collection Renewal; Comment Request; Notice Regarding Unauthorized Access to Customer Information, 21666-21667 [2016-08321]
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‘‘substantive’’ requirements of FMVSS
No. 108, but has provided no
information as to which requirements it
considers ‘‘substantive’’ and which it
does not. Morgan has submitted no
compliance testing data or information
showing that the lamps comply with all
relevant requirements. Without such
information and data, and without a
‘‘DOT’’ mark on the headlamp to imply
that such information and data exist, the
agency is unable to conclude that the
lack of the ‘‘DOT’’ mark is the only
noncompliant aspect of the headlamps.
In addition to the arguments
addressed above, the agency is also not
persuaded by two additional arguments
Morgan makes for why it believes
NHTSA should grant the petition with
respect to both noncompliances. First,
Morgan argues that its petition should
be granted because the subject vehicle is
an exotic vehicle produced in very low
numbers and likely to be operated on a
limited basis, as opposed to a passenger
automobile designed to be used as a
family’s primary passenger vehicle. In
support of this argument, Morgan cites
two previous agency decisions granting
inconsequentiality petitions.21 Both
petitions concerned noncompliances
with automatic restraint requirements in
FMVSS No. 208. The agency’s decisions
in those situations were based on the
fact that it had already granted
temporary exemption petitions from
both manufacturers for the vehicle
models at issue in those
inconsequentiality petitions. The agency
has not previously granted Morgan a
temporary exemption for the
noncompliances at issue in the present
petition. Moreover, the ‘‘vehicle
attributes’’ that Morgan implies those
grants were based on—that the vehicles
were exotic vehicles likely operated on
a limited basis—were simply arguments
made by the petitioners in those cases,
and not, as Morgan’s petition implies,
the basis for the agency’s decision.
NHTSA expects manufacturers to fulfill
their duties and responsibilities to
provide vehicles that meet all safety
standards regardless of production
volume or estimated consumer use.
Second, Morgan states that there have
been no reports of any safety issues or
injuries related to the subject
noncompliances. NHTSA does not
consider the absence of complaints to
show that the noncompliances are
inconsequential to safety. The subject
vehicle population is small, so the lack
of reports or complaints may not be
21 60 FR 27593, May 24, 1995 (grant of
inconsequentiality petition from Excalibur
Automobile Corp.); 61 FR 9517, Mar. 8, 1996 (grant
of inconsequentiality petition from Cantab Motors,
Ltd.).
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17:18 Apr 11, 2016
Jkt 238001
surprising. Further, vehicle lighting
functions as a signal to other motorists
and pedestrians; if other motorists
found the noncompliant lighting
confusing, it is unlikely that those
motorists would have been able to
identify the subject vehicle and make a
complaint to either NHTSA or Morgan.
Most importantly, the absence of a
complaint does not mean there have not
been any safety issues, nor does it mean
that there will not be safety issues in the
future.
Finally, the agency observes that
although Morgan’s Part 573 report and
inconsequentiality petition only
concern the headlamp spacing and
headlamp marking noncompliances, the
subject vehicles may also fail to comply
with other applicable FMVSSs. For
example, a motorcycle headlamp that
incorporates a replaceable light source
that does not comply with FMVSS No.
108, paragraph S11 (e.g., an H4 light
source which is only permitted on
motorcycle specific headlamps) is also
required to have the headlamp lens
permanently marked ‘‘motorcycle.’’ This
marking may not have appeared on the
headlamps of one of the subject vehicles
the agency observed.
Morgan’s proposed remedy: Morgan
proposes to add a single FMVSS No. 108
compliant headlamp on the M3W’s
vertical centerline and have the original,
noncompliant headlamps remain as
separately switched auxiliary lamps.
Paragraph S6.2.1 of FMVSS No. 108
requires that any additional lighting
elements (i.e., lighting elements that are
not required by the standard) installed
on a vehicle must not impair the
effectiveness of lighting equipment
required by the standard. A motorcycle
equipped with both a compliant single
headlighting system and an auxiliary
(supplemental) dual-headlamp system
might be prohibited by the impairment
provision. The proximity of the
auxiliary lamps to the required front
turn signal lamps might also raise
impairment concerns. We strongly
encourage Morgan to review the
standard to ensure that its remedy does
indeed comply with all applicable
requirements.
NHTSA’s Decision: After carefully
considering the arguments presented on
this matter, NHTSA finds that the
petitioner has not met its burden of
persuasion in establishing that the
described noncompliances in the
subject vehicles are inconsequential to
motor vehicle safety. Accordingly,
Morgan’s petition is hereby denied, and
Morgan must notify owners, purchasers
and dealers pursuant to 49 U.S.C. 30118
and provide a free remedy in
accordance with 49 U.S.C. 30120.
PO 00000
Frm 00134
Fmt 4703
Sfmt 4703
Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8.
Gregory K. Rea,
Associate Administrator for Enforcement.
[FR Doc. 2016–08360 Filed 4–11–16; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Agency Information Collection
Activities: Information Collection
Renewal; Comment Request; Notice
Regarding Unauthorized Access to
Customer Information
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 comment on a continuing
information collection, as required by
the Paperwork Reduction Act of 1995
(PRA).
In accordance with the requirements
of the PRA, the OCC may not conduct
or sponsor, and the 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 its information collection
titled, ‘‘Notice Regarding Unauthorized
Access to Customer Information.’’
DATES: Comments must be submitted on
or before June 13, 2016.
ADDRESSES: Because paper mail in the
Washington, DC area and at the OCC is
subject to delay, commenters are
encouraged to submit comments by
email, if possible. Comments may be
sent to: Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency, Attention:
1557–0227, 400 7th Street SW., Suite
3E–218, Mail Stop 9W–11, Washington,
DC 20219. In addition, comments may
be sent by fax to (571) 465–4326 or by
electronic mail to regs.comments@
occ.treas.gov. You may personally
inspect and photocopy comments at the
OCC, 400 7th Street SW., Washington,
DC 20219. For security reasons, the OCC
requires that visitors make an
appointment to inspect comments. You
may do so by calling (202) 649–6700 or,
for persons who are deaf or hard of
hearing, TTY, (202) 649–5597. Upon
SUMMARY:
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12APN1
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 81, No. 70 / Tuesday, April 12, 2016 / Notices
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.
All comments received, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. Do not
include any information in your
comment or supporting materials that
you consider confidential or
inappropriate for public disclosure.
FOR FURTHER INFORMATION CONTACT:
Shaquita Merritt, OCC Clearance
Officer, (202) 649–5490 or, for persons
who are deaf or hard of hearing, TTY,
(202) 649–5597, Legislative and
Regulatory Activities Division, Office of
the Comptroller of the Currency, 400 7th
Street SW., Suite 3E–218, Mail Stop
9W–11, Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501–3520), Federal
agencies must obtain approval from the
OMB for each collection of information
they conduct or sponsor. ‘‘Collection of
information’’ is defined in 44 U.S.C.
3502(3) and 5 CFR 1320.3(c) to include
agency requests or requirements that
members of the public submit reports,
keep records, or provide information to
a third party. Section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal agencies to provide a
60-day notice in the Federal Register
concerning each proposed collection of
information, including each proposed
extension of an existing collection of
information, before submitting the
collection to OMB for approval. To
comply with this requirement, the OCC
is publishing notice of the proposed
collection of information set forth in
this document.
The OCC is proposing to extend, with
revision, the approval of the following
information collection:
Title: Notice Regarding Unauthorized
Access to Customer Information.
OMB Control No.: 1557–0227.
Description: Section 501(b) of the
Gramm-Leach-Bliley Act (15 U.S.C.
6801) requires the OCC to establish
appropriate standards for national banks
relating to administrative, technical, and
physical safeguards: (1) To insure the
security and confidentiality of customer
records and information; (2) to protect
against any anticipated threats or
hazards to the security or integrity of
such records; and (3) to protect against
unauthorized access to, or use of, such
records or information that could result
in substantial harm or inconvenience to
any customer.
The Interagency Guidelines
Establishing Information Security
VerDate Sep<11>2014
17:18 Apr 11, 2016
Jkt 238001
Standards, 12 CFR part 30, Appendix B
and part 170, Appendix B (collectively,
Security Guidelines), which implement
section 501(b), require each entity
supervised by the OCC (supervised
institution) to consider and adopt a
response program, as appropriate, that
specifies actions to be taken when the
supervised institution suspects or
detects that unauthorized individuals
have gained access to customer
information.
The Interagency Guidance on
Response Programs for Unauthorized
Customer Information and Customer
Notice (Breach Notice Guidance 1),
which interprets the Security
Guidelines, states that, at a minimum, a
supervised institution’s response
program should contain procedures for
the following:
(1) Assessing the nature and scope of
an incident, and identifying what
customer information systems and types
of customer information have been
accessed or misused;
(2) Notifying its primary Federal
regulator as soon as possible when the
supervised institution becomes aware of
an incident involving unauthorized
access to, or use of, sensitive customer
information;
(3) Consistent with the OCC’s
Suspicious Activity Report regulations,
notifying appropriate law enforcement
authorities and filing a timely SAR in
situations in which a Federal criminal
violation requires immediate attention,
such as when a reportable violation is
ongoing;
(4) Taking appropriate steps to
contain and control the incident in an
effort to prevent further unauthorized
access to, or use of, customer
information, for example, by
monitoring, freezing, or closing affected
accounts, while preserving records and
other evidence; and
(5) Notifying customers as warranted.
This collection of information covers
the notice provisions in the Breach
Notice Guidance.
Type of Review: Regular.
Affected Public: Businesses or other
for-profit.
Estimated Number of Respondents:
20.
Total Estimated Annual Burden: 720
hours.
Frequency of Response: On occasion.
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 of
information is necessary for the proper
1 12
PO 00000
CFR part 30, Appendix B, Supplement A.
Frm 00135
Fmt 4703
Sfmt 4703
21667
performance of the functions of the
OCC, including whether the information
has practical utility;
(b) The accuracy of the OCC’s
estimate of the burden of the
information collection;
(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 start-up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Dated: April 6, 2016.
Mary Hoyle Gottlieb,
Regulatory Specialist, Legislative and
Regulatory Activities Division.
[FR Doc. 2016–08321 Filed 4–11–16; 8:45 am]
BILLING CODE 4810–33–P
DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0219]
Proposed Information Collection
(Civilian Health And Medical Program
of the Department of Veterans Affairs
(CHAMPVA) Benefits—Application,
Claim, Other Health Insurance &
Potential Liability); Activity: Comment
Request
Veterans Health
Administration, Department of Veterans
Affairs.
ACTION: Notice.
AGENCY:
The Veterans Health
Administration (VHA) is announcing an
opportunity for public comment on the
proposed collection of certain
information by the agency. Under the
Paperwork Reduction Act (PRA) of
1995, Federal agencies are required to
publish notice in the Federal Register
concerning each proposed collection of
information, including each proposed
revision of a currently approved
collection, and allow 60 days for public
comment in response to the notice. This
notice solicits comments on information
needed to identify areas for
improvement in clinical training
programs.
SUMMARY:
Written comments and
recommendations on the proposed
collection of information should be
received on or before June 13, 2016.
ADDRESSES: Submit written comments
on the collection of information through
the Federal Docket Management System
DATES:
E:\FR\FM\12APN1.SGM
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Agencies
[Federal Register Volume 81, Number 70 (Tuesday, April 12, 2016)]
[Notices]
[Pages 21666-21667]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08321]
=======================================================================
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Agency Information Collection Activities: Information Collection
Renewal; Comment Request; Notice Regarding Unauthorized Access to
Customer Information
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 (PRA).
In accordance with the requirements of the PRA, the OCC may not
conduct or sponsor, and the 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 its information collection
titled, ``Notice Regarding Unauthorized Access to Customer
Information.''
DATES: Comments must be submitted on or before June 13, 2016.
ADDRESSES: Because paper mail in the Washington, DC area and at the OCC
is subject to delay, commenters are encouraged to submit comments by
email, if possible. Comments may be sent to: Legislative and Regulatory
Activities Division, Office of the Comptroller of the Currency,
Attention: 1557-0227, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to
(571) 465-4326 or by electronic mail to regs.comments@occ.treas.gov.
You may personally inspect and photocopy comments at the OCC, 400 7th
Street SW., Washington, DC 20219. For security reasons, the OCC
requires that visitors make an appointment to inspect comments. You may
do so by calling (202) 649-6700 or, for persons who are deaf or hard of
hearing, TTY, (202) 649-5597. Upon
[[Page 21667]]
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.
All comments received, including attachments and other supporting
materials, are part of the public record and subject to public
disclosure. Do not include any information in your comment or
supporting materials that you consider confidential or inappropriate
for public disclosure.
FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance
Officer, (202) 649-5490 or, for persons who are deaf or hard of
hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities
Division, Office of the Comptroller of the Currency, 400 7th Street
SW., Suite 3E-218, Mail Stop 9W-11, Washington, DC 20219.
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
agencies must obtain approval from the OMB for each collection of
information they conduct or sponsor. ``Collection of information'' is
defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) to include agency
requests or requirements that members of the public submit reports,
keep records, or provide information to a third party. Section
3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal
agencies to provide a 60-day notice in the Federal Register concerning
each proposed collection of information, including each proposed
extension of an existing collection of information, before submitting
the collection to OMB for approval. To comply with this requirement,
the OCC is publishing notice of the proposed collection of information
set forth in this document.
The OCC is proposing to extend, with revision, the approval of the
following information collection:
Title: Notice Regarding Unauthorized Access to Customer
Information.
OMB Control No.: 1557-0227.
Description: Section 501(b) of the Gramm-Leach-Bliley Act (15
U.S.C. 6801) requires the OCC to establish appropriate standards for
national banks relating to administrative, technical, and physical
safeguards: (1) To insure the security and confidentiality of customer
records and information; (2) to protect against any anticipated threats
or hazards to the security or integrity of such records; and (3) to
protect against unauthorized access to, or use of, such records or
information that could result in substantial harm or inconvenience to
any customer.
The Interagency Guidelines Establishing Information Security
Standards, 12 CFR part 30, Appendix B and part 170, Appendix B
(collectively, Security Guidelines), which implement section 501(b),
require each entity supervised by the OCC (supervised institution) to
consider and adopt a response program, as appropriate, that specifies
actions to be taken when the supervised institution suspects or detects
that unauthorized individuals have gained access to customer
information.
The Interagency Guidance on Response Programs for Unauthorized
Customer Information and Customer Notice (Breach Notice Guidance \1\),
which interprets the Security Guidelines, states that, at a minimum, a
supervised institution's response program should contain procedures for
the following:
---------------------------------------------------------------------------
\1\ 12 CFR part 30, Appendix B, Supplement A.
---------------------------------------------------------------------------
(1) Assessing the nature and scope of an incident, and identifying
what customer information systems and types of customer information
have been accessed or misused;
(2) Notifying its primary Federal regulator as soon as possible
when the supervised institution becomes aware of an incident involving
unauthorized access to, or use of, sensitive customer information;
(3) Consistent with the OCC's Suspicious Activity Report
regulations, notifying appropriate law enforcement authorities and
filing a timely SAR in situations in which a Federal criminal violation
requires immediate attention, such as when a reportable violation is
ongoing;
(4) Taking appropriate steps to contain and control the incident in
an effort to prevent further unauthorized access to, or use of,
customer information, for example, by monitoring, freezing, or closing
affected accounts, while preserving records and other evidence; and
(5) Notifying customers as warranted.
This collection of information covers the notice provisions in the
Breach Notice Guidance.
Type of Review: Regular.
Affected Public: Businesses or other for-profit.
Estimated Number of Respondents: 20.
Total Estimated Annual Burden: 720 hours.
Frequency of Response: On occasion.
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 of information is necessary for the
proper performance of the functions of the OCC, including whether the
information has practical utility;
(b) The accuracy of the OCC's estimate of the burden of the
information collection;
(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 start-up costs and costs of operation,
maintenance, and purchase of services to provide information.
Dated: April 6, 2016.
Mary Hoyle Gottlieb,
Regulatory Specialist, Legislative and Regulatory Activities Division.
[FR Doc. 2016-08321 Filed 4-11-16; 8:45 am]
BILLING CODE 4810-33-P