Financial Crimes Enforcement Network; Proposed Collection; Comment Request; Customer Identification Programs for Futures Commission Merchants and Introducing Brokers., 34521-34522 [05-11808]

Download as PDF Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices Denver Terminal Railroad Company, d/b/a Denver Rock Island Railroad (DRIR), a Class III rail carrier, has filed a verified notice of exemption under 49 CFR 1150.41 to acquire from Union Pacific Railroad Company (UP) and operate rail lines commonly known as the Stock Yard Lead and the North Washington Industrial Track in Denver and Adams Counties, CO. The Stock Yard Lead line of railroad consists of Track 12, extending from a point of connection with a UP main line north of East 58th Avenue in unincorporated Adams County to a point of connection with existing DRIR trackage at or near Race Court in the City of Denver, Denver County, a distance of 5,750 feet, or 1.09 miles, plus the following auxiliary tracks: Track 12A (450 feet); Track 12B (750 feet); Track 12C (1,767 feet); and Track 12D (1,845 feet), for a total distance of approximately 10,562 feet, or 2 miles. The North Washington Industrial Track line of railroad consists of Track 122, extending from a point of connection with UP trackage east of North Washington Street to the end of the track north of East 68th Avenue, all in unincorporated Adams County, a distance of approximately 2.2 miles. Numerous auxiliary tracks are also part of the North Washington Industrial Track. DRIR has been leasing and operating the Stock Yard Lead from UP since 2005.1 The purpose of this transaction is to convert DRIR’s leasehold interest into an ownership interest, and to obtain acquisition and operation authority for the North Washington Industrial Track.2 DRIR certifies that its projected revenues as a result of this transaction will not result in the creation of a Class II or Class I rail carrier. The transaction is scheduled to be consummated no sooner than May 27, 2005, the effective date of the exemption (7 days after the exemption was filed). If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction. 1 See Denver Terminal Railroad Company, d/b/a Denver Rock Island Railroad—Lease and Operation Exemption—Rail Line of Union Pacific Railroad Company, STB Finance Docket No. 34637 (STB served Jan. 12, 2005). 2 Acquisition of the Stock Yard Lead and North Washington Industrial Track by DRIR is part of an exchange of trackage whereby UP acquired DRIR’s Sandown-Belt Junction line in Denver. See Union Pacific Railroad Company—Acquisition and Operation Exemption—Line of Denver Terminal Railroad Company, d/b/a Denver Rock Island Railroad, STB Finance Docket No. 34631 (STB served Apr. 1, 2005). VerDate jul<14>2003 20:14 Jun 13, 2005 Jkt 205001 An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34692, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, a copy of each pleading must be served on: Thomas F. McFarland, Thomas F. McFarland, P.C., 208 South LaSalle Street, Suite 1890, Chicago, IL 60604–1112. Board decisions and notices are available on our Web site at https:// www.stb.dot.gov. Decided: June 6, 2005. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 05–11556 Filed 6–13–05; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network; Proposed Collection; Comment Request; Customer Identification Programs for Futures Commission Merchants and Introducing Brokers. Financial Crimes Enforcement Network (‘‘FinCEN’’), Treasury. ACTION: Notice and request for comments. AGENCY: SUMMARY: FinCEN invites comment on a proposed extension of a currently approved requirement that futures commission merchants and introducing brokers establish a customer identification program as required under section 326 of the Uniting and Strengthening America by providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001. This request for comments covers 31 CFR 103.123. This request for comments is being made pursuant to the Paperwork Reduction Act of 1995, Pub. L. 104–13, 44 U.S.C. 3506(c)(2)(A). DATES: Written comments are welcome and must be received on or before August 15, 2005. ADDRESSES: Written comments should be submitted to: Regulatory Policy and Programs Division, Financial Crimes Enforcement Network, Department of the Treasury, PO Box 39, Vienna, Virginia 22183, Attention: PRA Comments—CIP for FCMs and IBs. Comments also may be submitted by electronic mail to the following Internet address: regcomments@fincen.treas.gov, again with a caption, in the body of the text, ‘‘Attention: PRA Comments—CIP for FCMs and IBs. PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 34521 Inspection of comments. Comments may be inspected, between 10 a.m. and 4 p.m., in the FinCEN reading room in Washington, DC. Persons wishing to inspect the comments submitted must request an appointment by telephoning (202) 354–6400. FOR FURTHER INFORMATION CONTACT: The FinCEN Regulatory Helpline at 800– 949–2732, select option 3, or contact Helene D. Schroeder, Special Counsel, Division of Clearing and Intermediary Oversight, Commodity Futures Trading Commission, 1155 21st Street, NW., Washington, DC 20581, (202) 418–5450; or AMLstaff@cftc.gov. SUPPLEMENTARY INFORMATION: Title: Customer Identification Programs For Futures Commission Merchants and Introducing Brokers, 31 CFR 103.123. OMB Number: 1506–0022. Form Number: N/A. Abstract: The statute generally referred to as the ‘‘Bank Secrecy Act,’’ Titles I and II of Public Law 91–508, as amended, codified at 12 U.S.C. 1829b, 12 U.S.C. 1951–1959, and 31 U.S.C. 5311–5332, authorizes the Secretary of the Treasury, inter alia, to require financial institutions to keep records and file reports that are determined to have a high degree of usefulness in criminal, tax, and regulatory matters, or in the conduct of intelligence or counter-intelligence activities, to protect against international terrorism, and to implement counter-money laundering programs and compliance procedures.1 Regulations implementing Title II of the Bank Secrecy Act appear at 31 CFR part 103. The authority of the Secretary to administer the Bank Secrecy Act has been delegated to the Director of FinCEN. Section 326 of the USA PATRIOT Act added a new subsection (l) to 31 U.S.C. 5318 of the Bank Secrecy Act that requires the Secretary of the Treasury to require financial institutions to establish and maintain programs to verify the identity of customers opening an account. On May 9, 2003, FinCEN and the Commodity Futures Trading Commission issued a joint final rule (68 FR 25149) requiring futures commission merchants and introducing brokers to establish a customer identification program (‘‘CIP rule’’). The final CIP rule can also be found at 31 CFR 103.123. 1 Language expanding the scope of the Bank Secrecy Act to intelligence or counter-intelligence activities to protect against international terrorism was added by section 358 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the ‘‘USA PATRIOT Act’’), Pub. L. 107–56. E:\FR\FM\14JNN1.SGM 14JNN1 34522 Federal Register / Vol. 70, No. 113 / Tuesday, June 14, 2005 / Notices This notice, which has been developed jointly with the Commodity Futures Trading Commission, is presented only for purposes of soliciting public comment on the proposed extension without change of the current rule. Type of Review: Extension without change of a currently approved collection. Affected public: Business or other forprofit institutions. Frequency: As required. Estimated average annual burden for the recordkeeping requirements of the rule for each respondent: 10 hours. Estimated average annual burden for the disclosure requirements of the rule per each respondent: 1 hour. Estimated number of respondents: 1,861. Estimated Total Annual Reporting and Recordkeeping Burden: 20,471 hours. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Records required to be retained under the Bank Secrecy Act must be retained for five years. Request for Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the recordkeeping requirement is necessary for the proper performance of the functions of the agency, including whether the information shall have 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 of information 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: June 2, 2005. William J. Fox, Director, Financial Crimes Enforcement Network. [FR Doc. 05–11808 Filed 6–10–05; 12:58 pm] BILLING CODE 4810–02–P VerDate jul<14>2003 20:14 Jun 13, 2005 Jkt 205001 DEPARTMENT OF THE TREASURY Financial Management Service; Privacy Act of 1974; Systems of Records Financial Management Service, Treasury. ACTION: Notice of systems of records. AGENCY: In accordance with the requirements of the Privacy Act of 1974, as amended, 5 U.S.C. 552a, Financial Management Service is publishing its inventory of Privacy Act systems of records. SUMMARY: Authority With Treasury. FMS .012—Pre-complaint Counseling and Complaint Activities. FMS .013—Gifts to the United States. FMS .014—Debt Collection Operations System. FMS .016—Payment Records for Other Than Regular Recurring Benefit Payments. FMS .017—Collections Records TREASURY/FMS.001 SYSTEM NAME: Administrative Records—Treasury/ Financial Management Service. SYSTEM LOCATION: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a) and the Office of Management and Budget (OMB) Circular No. A–130, Financial Management Service (FMS) has completed a review of its Privacy Act systems of records notices to identify minor changes to those notices. The following systems of records have been added to the bureau’s inventory of Privacy Act notices since August 21, 2001: FMS .004—Education and Training Records, published June 3, 2004, at 69 FR 31454. FMS .017—Collections Records, published on February 4, 2003, at 68 FR 5691. This publication incorporates the amendments to FMS.003 published on January 9, 2003 at 68 FR 1216, FMS.002, .014 and .016 published on February 26, 2003 at 68 FR 8964, FMS.002 and .016 published on April 1, 2003 at 68 FR 15796, and FMS.016 published on May 6, 2004 at 69 FR 25461. The systems notices are reprinted in their entirety following the Table of Contents. Financial Management Service, U.S. Department of the Treasury, Prince George Metro Center II, 3700 East-West Highway, Room 144, Hyattsville, MD 20782. Also, please see Appendix I. Systems Covered by This Notice POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, DISPOSING OF RECORDS IN THE SYSTEM: SUPPLEMENTARY INFORMATION: This notice covers all systems of records adopted by the Bureau up to May 2, 2005. The systems notices are reprinted in their entirety following the Table of Contents. Dated: June 2, 2005. Nicholas Williams, Deputy Assistant Secretary for Headquarters Operations. Financial Management Service (FMS) Table of Contents FMS. 001—Administrative Records. FMS .002—Payment Issue Records for Regular Recurring Benefit Payments. FMS .003—Claims and Inquiry Records on Treasury Checks, and International Claimants. FMS .004—Education and Training Records FMS .005—FMS Personnel Records. FMS .007—Payroll and Pay Administration. FMS .010—Records of Accountable Officers’ PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Financial Management Service personnel. CATEGORIES OF RECORDS IN THE SYSTEM: (1) Motor Vehicle Accident Reports. (2) Parking Permits. (3) Distribution list of individuals requesting various Treasury publications. (4) Treasury Credentials. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: These records may be used to: (1) Disclose to GSA for drivers permits, parking permits, accident reports, and credentials; (2) Disclose to GPO for servicing public on Treasury publications. STORAGE: Hard copy and microcomputer. RETRIEVABILITY: By name and by Treasury publication. SAFEGUARDS: Locked containers. Administrative Procedure—names are not given to anyone except those who control the listing. RETENTION AND DISPOSAL: (1) Distribution List—destroy one year after declared obsolete. (2) Motor Vehicle Accident Reports— six years after closure of the case. (3) Parking permits and Treasury Credentials—destroy 3 months after return to issuing officer. E:\FR\FM\14JNN1.SGM 14JNN1

Agencies

[Federal Register Volume 70, Number 113 (Tuesday, June 14, 2005)]
[Notices]
[Pages 34521-34522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11808]


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DEPARTMENT OF THE TREASURY


Financial Crimes Enforcement Network; Proposed Collection; 
Comment Request; Customer Identification Programs for Futures 
Commission Merchants and Introducing Brokers.

AGENCY: Financial Crimes Enforcement Network (``FinCEN''), Treasury.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: FinCEN invites comment on a proposed extension of a currently 
approved requirement that futures commission merchants and introducing 
brokers establish a customer identification program as required under 
section 326 of the Uniting and Strengthening America by providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001. This request for comments covers 31 CFR 
103.123. This request for comments is being made pursuant to the 
Paperwork Reduction Act of 1995, Pub. L. 104-13, 44 U.S.C. 
3506(c)(2)(A).

DATES: Written comments are welcome and must be received on or before 
August 15, 2005.

ADDRESSES: Written comments should be submitted to: Regulatory Policy 
and Programs Division, Financial Crimes Enforcement Network, Department 
of the Treasury, PO Box 39, Vienna, Virginia 22183, Attention: PRA 
Comments--CIP for FCMs and IBs. Comments also may be submitted by 
electronic mail to the following Internet address: 
regcomments@fincen.treas.gov, again with a caption, in the body of the 
text, ``Attention: PRA Comments--CIP for FCMs and IBs.
    Inspection of comments. Comments may be inspected, between 10 a.m. 
and 4 p.m., in the FinCEN reading room in Washington, DC. Persons 
wishing to inspect the comments submitted must request an appointment 
by telephoning (202) 354-6400.

FOR FURTHER INFORMATION CONTACT: The FinCEN Regulatory Helpline at 800-
949-2732, select option 3, or contact Helene D. Schroeder, Special 
Counsel, Division of Clearing and Intermediary Oversight, Commodity 
Futures Trading Commission, 1155 21st Street, NW., Washington, DC 
20581, (202) 418-5450; or AMLstaff@cftc.gov.

SUPPLEMENTARY INFORMATION:
    Title: Customer Identification Programs For Futures Commission 
Merchants and Introducing Brokers, 31 CFR 103.123.
    OMB Number: 1506-0022.
    Form Number: N/A.
    Abstract: The statute generally referred to as the ``Bank Secrecy 
Act,'' Titles I and II of Public Law 91-508, as amended, codified at 12 
U.S.C. 1829b, 12 U.S.C. 1951-1959, and 31 U.S.C. 5311-5332, authorizes 
the Secretary of the Treasury, inter alia, to require financial 
institutions to keep records and file reports that are determined to 
have a high degree of usefulness in criminal, tax, and regulatory 
matters, or in the conduct of intelligence or counter-intelligence 
activities, to protect against international terrorism, and to 
implement counter-money laundering programs and compliance 
procedures.\1\ Regulations implementing Title II of the Bank Secrecy 
Act appear at 31 CFR part 103. The authority of the Secretary to 
administer the Bank Secrecy Act has been delegated to the Director of 
FinCEN.
---------------------------------------------------------------------------

    \1\ Language expanding the scope of the Bank Secrecy Act to 
intelligence or counter-intelligence activities to protect against 
international terrorism was added by section 358 of the Uniting and 
Strengthening America by Providing Appropriate Tools Required to 
Intercept and Obstruct Terrorism Act of 2001 (the ``USA PATRIOT 
Act''), Pub. L. 107-56.
---------------------------------------------------------------------------

    Section 326 of the USA PATRIOT Act added a new subsection (l) to 31 
U.S.C. 5318 of the Bank Secrecy Act that requires the Secretary of the 
Treasury to require financial institutions to establish and maintain 
programs to verify the identity of customers opening an account. On May 
9, 2003, FinCEN and the Commodity Futures Trading Commission issued a 
joint final rule (68 FR 25149) requiring futures commission merchants 
and introducing brokers to establish a customer identification program 
(``CIP rule''). The final CIP rule can also be found at 31 CFR 103.123.

[[Page 34522]]

    This notice, which has been developed jointly with the Commodity 
Futures Trading Commission, is presented only for purposes of 
soliciting public comment on the proposed extension without change of 
the current rule.
    Type of Review: Extension without change of a currently approved 
collection.
    Affected public: Business or other for-profit institutions.
    Frequency: As required. Estimated average annual burden for the 
recordkeeping requirements of the rule for each respondent: 10 hours.
    Estimated average annual burden for the disclosure requirements of 
the rule per each respondent: 1 hour.
    Estimated number of respondents: 1,861.
    Estimated Total Annual Reporting and Recordkeeping Burden: 20,471 
hours.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number. Records required to be 
retained under the Bank Secrecy Act must be retained for five years.

Request for Comments

    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval. All comments will 
become a matter of public record. Comments are invited on: (a) Whether 
the recordkeeping requirement is necessary for the proper performance 
of the functions of the agency, including whether the information shall 
have 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 of information 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: June 2, 2005.
William J. Fox,
Director, Financial Crimes Enforcement Network.
[FR Doc. 05-11808 Filed 6-10-05; 12:58 pm]
BILLING CODE 4810-02-P
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