Agency Information Collection Activities; Proposed Collection; Comment Request; Suspicious Activity Report by Depository Institutions, 8640-8648 [06-1433]
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8640
Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Notices
tests * * * plus the number of refusals
of random drug tests.’’
Through calendar year 1996, the
minimum annual percentage rate for
random drug testing in the pipeline
industry was 50 percent of covered
employees. Based on MIS reports of
random testing done in calendar years
1994 and 1995, PHMSA lowered the
minimum rate from 50 percent to 25
percent for calendar year 1997 (61 FR
60206). The minimum rate remained at
25 percent in calendar years 1998 (62
FR 59297); 1999 (63 FR 58324); 2000 (64
FR 66788); 2001 (65 FR 81409); 2002 (67
FR 2611); 2003 (67 FR 78388); 2004 (68
FR 69046); and 2005 (70 FR 50).
Using the MIS reports received for
drug testing done in calendar year 2005,
PHMSA calculated the positive rate of
random testing continues to be less than
1.0 percent. PHMSA is announcing that
the minimum annual percentage rate for
random drug testing is 25 percent of
covered employees for January 1, 2006
through December 31, 2006.
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60117, and 60118; 49 CFR 1.53.
Issued in Washington, DC on February 14,
2006.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. E6–2373 Filed 2–16–06; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
Office of Thrift Supervision
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
NATIONAL CREDIT UNION
ADMINISTRATION
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Suspicious Activity
Report by Depository Institutions
Financial Crimes
Enforcement Network, Office of the
Comptroller of the Currency, Office of
Thrift Supervision, Department of the
Treasury; Board of Governors of the
Federal Reserve System, Federal Deposit
Insurance Corporation, National Credit
Union Administration.
ACTION: Notice and request for
comments.
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AGENCIES:
SUMMARY: The Financial Crimes
Enforcement Network and the Banking
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Supervisory Agencies 1, as part of their
continuing effort to reduce paperwork
and respondent burden, invite the
general public and other Federal
agencies to take this opportunity to
comment on information collections, as
required by the Paperwork Reduction
Act of 1995, Public Law 104–13 (44
U.S.C. 3506(c)(2)(A)). The Financial
Crimes Enforcement Network and the
Banking Supervisory Agencies are
soliciting comments concerning the
Suspicious Activity Report by
Depository Institutions, which is being
revised and reformatted to standardize
this report with suspicious activity
reports being filed by other financial
institutions. The report also is being
revised to support joint filing, providing
the necessary data blocks and
instructions for completing a jointly
filed suspicious activity report. The
instructions limit joint filing to those
suspicious activities that do not involve
insider abuse.
DATES: Written comments should be
received on or before April 18, 2006.
ADDRESSES: Interested parties are
invited to submit written comments to
any or all of the agencies. All comments,
which should refer to the Office of
Management and Budget control
numbers, will be shared among the
agencies. Direct all written comments as
follows:
Financial Crimes Enforcement
Network: Financial Crimes Enforcement
Network, Post Office Box 39, Vienna,
VA 22183, Attention: 1506–0001,
Revised Suspicious Activity Report by
Depository Institutions. Comments also
may be submitted by electronic mail to
the following Internet address:
regcomments@fincen.gov with the
caption in the body of the text,
‘‘Attention: 1506–0001, Revised
Suspicious Activity Report by
Depository Institutions’’.
Comptroller of the Currency:
Communications Division, Office of the
Comptroller of the Currency, Public
Information Room, Mailstop 1–5,
Attention: 1557–0180, 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
1 The term ‘‘Banking Supervisory Agencies’’ is the
collective term for the following organizations: The
Office of the Comptroller of the Currency, The
Office of Thrift Supervision, The Board of
Governors of the Federal Reserve System, The
Federal Deposit Insurance Corporation, and The
National Credit Union Administration.
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an appointment to inspect the
comments by calling (202) 874–5043.
Additionally, you should send a copy
of your comments to OCC Desk Officer,
1557–0180, 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.
Office of Thrift Supervision:
Information Collection Comments, Chief
Counsel’s Office, Office of Thrift
Supervision, 1700 G Street, NW.,
Washington, DC 20552; send a facsimile
transmission to (202) 906–6518; or send
an e-mail to
infocollection.comments@ots.treas.gov.
The Office of Thrift Supervision will
post comments and the related index on
its Internet site at https://
www.ots.treas.gov. In addition,
interested persons may inspect
comments at the Public Reading Room,
1700 G Street, NW., by appointment. To
make an appointment, call (202) 906–
5922, send an e-mail to
public.info@ots.treas.gov, or send a
facsimile transmission to (202) 906–
7755.
Board of Governors of the Federal
Reserve System: You may submit
comments, identified by FR 2230, by
any of the following methods:
• Agency Web site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal E-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
regs.comments@federalreserve.gov.
Include docket number in the subject
line of the message.
• FAX: 202/452–3819 or 202/452–
3102.
• Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue, NW., Washington,
DC 20551.
All public comments are available
from the Board’s Web site at: https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically or in
paper in Room MP–500 of the Board’s
Martin Building (20th and C Streets,
NW) between 9 a.m. and 5 p.m. on
weekdays.
Comments may be mailed to Ms.
Jennifer J. Johnson, Secretary, Board of
Governors of the Federal Reserve
System, 20th Street, and Constitution
Avenue, NW., Washington, DC 20551.
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However, because paper mail in the
Washington area and at the Board of
Governors is subject to delay, please
consider submitting your comments by
e-mail to
regs.comments@federalreserve.gov, or
faxing them to the office of the Secretary
at (202) 452–3819 or (202) 452–3102.
Comments addressed to Ms. Johnson
may also be delivered to the Board’s
mail facility in the West Courtyard
between 8:45 a.m. and 5:15 p.m.,
located on 21st Street between
Constitution Avenue and C Street, NW.
Members of the public may inspect
comments in Room MP–500 between 9
a.m. and 5 p.m. on weekdays pursuant
to 261.12, except as provided in 261.14,
of the Board’s Rules Regarding
Availability of Information, 12 CFR
261.12 and 261.14.
Federal Deposit Insurance
Corporation: Written comments should
be addressed to Steve Hanft, Clearance
Officer, Legal Division MB–3064,
Federal Deposit Insurance Corporation,
550 17th Street, NW., Washington, DC
20429. FAX number (202) 898–3838. Email: shanft@fdic.gov.
National Credit Union
Administration: Clearance Officer: Mr.
Neil M. McNamara, (703) 518–6447,
National Credit Union Administration,
1775 Duke Street, Alexandria, VA
22314–3428, Fax No. (703) 518–6489, email: mcnamara@ncua.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or a
copy of the collection may be obtained
by contacting:
Financial Crimes Enforcement
Network: Regulatory Policy and
Programs Division at (800) 949–2732.
Comptroller of the Currency: You can
request additional information or a copy
of the collection from Mary Gottlieb,
OCC 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.
Office of Thrift Supervision: Richard
C. Stearns, Enforcement Deputy
Counsel, Office of Enforcement, Office
of Thrift Supervision, 1700 G Street,
NW., Washington, DC 20552, (202) 906–
7966.
Board of Governors of the Federal
Reserve System: Michelle Long, Federal
Reserve Board Clearance Officer (202–
452–3829), Division of Research and
Statistics, Board of Governors of the
Federal Reserve System, Washington,
DC 20551. Telecommunications Device
for the Deaf (TDD) users may contact
(202) 263–4869, Board of Governors of
the Federal Reserve System,
Washington, DC 20551.
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Federal Deposit Insurance
Corporation: Steve Hanft, Legal Division
MB–3064, Federal Deposit Insurance
Corporation, 550 17th Street, NW.,
Washington, DC 20429, (202) 898–3907.
National Credit Union
Administration: Tracy Sumpter, Office
of the Chief Information Officer, (703)
518–6444 or John K. Ianno, Office of
General Counsel, (703) 518–6540.
SUPPLEMENTARY INFORMATION:
Title: Suspicious Activity Report by
Depository Institutions. The Office of
the Comptroller of the Currency is
renewing all information collections
covered under the information
collection titled: ‘‘(MA)—Minimum
Security Devices and Procedures,
Reports of Suspicious Activities, and
Bank Secrecy Act Compliance—12 CFR
21.’’
Office of Management and Budget
Control Numbers
Financial Crimes Enforcement
Network: 1506–0001.
Office of the Comptroller of the
Currency: 1557–0180.
Office of Thrift Supervision: 1550–
0003.
Board of Governors of the Federal
Reserve System: 7100–0212.
Federal Deposit Insurance
Corporation: 3064–0077.
National Credit Union
Administration: 3133–0094.
Form Numbers
Financial Crimes Enforcement
Network: Form 111.
Office of the Comptroller of the
Currency: 8010–1/8010–9.
Office of Thrift Supervision: 1601.
Board of Governors of the Federal
Reserve System: FR 2230.
Federal Deposit Insurance
Corporation: 6710/06.
National Credit Union
Administration: 2362.
Abstract: In 1985, the Banking
Supervisory Agencies issued procedures
to be used by banks and certain other
financial institutions operating in the
United States to report known or
suspected criminal activities to the
appropriate law enforcement and
Banking Supervisory Agencies.
Beginning in 1994, the Banking
Supervisory Agencies and the Financial
Crimes Enforcement Network
completely redesigned the reporting
process resulting in a Suspicious
Activity Report, which became effective
in April 1996.2
2 The report is authorized by the following
regulations: 31 CFR 103.18 (Financial Crimes
Enforcement Network); 12 CFR 21.11 (Office of the
Comptroller of the Currency); 12 CFR 563.180
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8641
Current Action: The Banking
Supervisory Agencies and the Financial
Crimes Enforcement Network propose
several revisions to the reporting form
and instructions in order to enhance the
clarity of the instructions, allow for joint
filing of Suspicious Activity Reports,
and to improve the usefulness of the
Suspicious Activity Report to law
enforcement.
Data item 1 would be expanded to
add two check boxes to indicate
whether the respondent institution is
filing an updated report (data item 1a)
and whether the report is being filed
jointly with another financial institution
(data item 1b).
Part I—Subject Information would be
moved from Part II to Part I and would
collect information on the subject of the
Suspicious Activity Report. The section
title would be changed to ‘‘Subject
Information’’ from ‘‘Suspect
Information.’’ Other proposed revisions
to Part I are:
• Proposed data item 2a would be added
to indicate whether multiple subjects are
involved.
• Proposed data item 6 ‘‘Also known as
(AKA-individual) or doing business as (DBAentity),’’ would be added in order to
standardize the ‘‘Subject Information’’
section among all Suspicious Activity Report
forms.
Part II—Suspicious Activity
Information would be moved from Part
III to Part II and would describe activity
being reported. Proposed revisions to
Part II are:
• Current data item 34, ‘‘Total dollar
amount involved in known or suspicious
activity,’’ would be increased to twelve digits
from ten and would be renumbered as data
item 22.
• Current data item 38, which collects
information about the financial soundness of
the respondent institution, would be moved
to Part V, ‘‘Suspicious Activity InformationNarrative,’’ data item a.
• Current data item 39, regarding bonding
company notification, would be deleted.
• Current data items 40–44, law
enforcement contact information, would be
moved to Part V, ‘‘Suspicious Activity
Information-Narrative,’’ data item g.
(Office of Thrift Supervision); 12 CFR 208.62,
211.5(k), 211.24(f), and 225.4(f) (Board of Governors
of the Federal Reserve System); 12 CFR 353.3
(Federal Deposit Insurance Corporation); 12 CFR
748.1 (National Credit Union Administration). The
regulations were issued under the authority
contained in the following statutes: 31 U.S.C.
5318(g) (Financial Crimes Enforcement Network);
12 U.S.C. 93a, 1818, 1881–84, 3401–22, 31 U.S.C.
5318 (Office of the Comptroller of the Currency); 12
U.S.C. 1463 and 1464 (Office of Thrift Supervision);
12 U.S.C. 248(a)(1), 324, 334, 625, 1844(c),
3105(c)(2) and 3106(a) (Board of Governors of the
Federal Reserve System); 12 U.S.C. 93a, 1818,
1881–84, 3401–22 (Federal Deposit Insurance
Corporation); 12 U.S.C. 1766(a), 1789(a) (National
Credit Union Administration).
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Federal Register / Vol. 71, No. 33 / Friday, February 17, 2006 / Notices
Part III—Reporting Financial
Institution Information would be moved
from Part I to Part III and would collect
information that identifies the
respondent institution, the branch
where the activity took place, the
affected account number(s), if any, and
whether such accounts have been closed
as a result of the suspicious activity.
Proposed revisions to Part III are:
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• Proposed check box 26b would be added
to indicate whether two or more financial
institutions are jointly filing a single
Suspicious Activity Report by completing
data items 26 through 35.
• Proposed data item 29 would collect the
respondent institution’s internal control or
file number. Respondent institutions would
be encouraged, but not required, to report an
internal control or file number.
• Three check boxes would be added to
proposed data item 33, ‘‘Primary Federal
Regulator,’’ to identify the Internal Revenue
Service, the Security and Exchange
Commission, and Commodity Futures
Trading Commission as regulators for
purposes of a Suspicious Activity Report
joint filing.
• Proposed data item 35, ‘‘Relationship of
subject (Part I) to the above listed financial
institution,’’ would be moved from Part II,
current data item 30, to Part III.
• Proposed data items 41–55 would
provide space to collect information
regarding other branch locations. If more
than four branches are involved, the
additional information would be provided in
Part V ‘‘Suspicious Activity InformationNarrative.’’
• Current data item 13, ‘‘If institution
closed, date closed,’’ would be deleted.
Part IV—Contact for Assistance
information is consolidated here. The
proposed data item 56, ‘‘Designated
contact office,’’ would replace current
data items 45–48, ‘‘contact name and
title information.’’ This revised
information, coupled with an internal
control or file number, would still
provide law enforcement with adequate
contact information while protecting the
name of the contact person.
Part V—Suspicious Activity
Information-Narrative requires the
respondent institution to provide a
chronological and complete narrative
account of the activity, including what
is unusual, irregular, or suspicious
about the activity. Because the narrative
is considered the most important part of
the Suspicious Activity Report, the list
of information that should be included
in the narrative would be expanded to
aid the respondent in the completion of
the Suspicious Activity Report.
Finally, the instructions for
completing the Suspicious Activity
3 Respondents comprise many of the same
institutions responding to the Supervisory
Agencies.
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Report would be expanded to include
specific data item instructions for each
item on the reporting form. Items
considered critical for law enforcement
purposes have been marked with an
asterisk.
Type of Review: Revision of a
currently approved collection. The
OCC’s revision does not affect the
portions of OMB Control No. 1557–0180
relating to Minimum Security Devices
and Bank Secrecy Act Compliance. OCC
is seeking only a renewal of the
approval for those provisions.
Affected Public: Business, for-profit
institutions, and non-profit institutions.
Estimated Number of Respondents
Financial Crimes Enforcement
Network: 27,262.3
Office of the Comptroller of the
Currency: 2100.
Office of Thrift Supervision: 862.
Board of Governors of the Federal
Reserve System: 7,000.
Federal Deposit Insurance
Corporation: 8000.
National Credit Union
Administration: 9300.
Estimated Total Annual Responses
Financial Crimes Enforcement
Network: 399,848.
Office of the Comptroller of the
Currency: 250,700.
Office of Thrift Supervision: 36,569.
Board of Governors of the Federal
Reserve System: 93,600.
Federal Deposit Insurance
Corporation: 16,018.
National Credit Union
Administration: 2,961.
Estimated Total Annual Burden:
Estimated 60 minutes per form:
Financial Crimes Enforcement
Network: 399,848 hours.4
Office of the Comptroller of the
Currency: 316,430 hours.
Office of Thrift Supervision: 36,569
hours.
Board of Governors of the Federal
Reserve System: 93,600 hours.
Federal Deposit Insurance
Corporation: 16,018 hours.
National Credit Union
Administration: 2,961 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 Office of Management
and Budget control number. Records
required to be retained under the Bank
Secrecy Act and these regulations
4 Only one form is filed in satisfaction of the rules
of both the Financial Crimes Enforcement Network
and the banking supervisory agencies. The
estimated burden per form is 60 minutes; the hourly
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issued by the Banking Supervisory
Agencies must be retained for five years.
Generally, information collected
pursuant to the Bank Secrecy Act is
confidential, but may be shared as
provided by law with regulatory and
law enforcement authorities.
Request for Comments: Comments
submitted in response to this notice will
be summarized and/or included in the
request for Office of Management and
Budget 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 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: February 7, 2006.
William F. Baity,
Director, Financial Crimes Enforcement
Network.
Dated: January 30, 2006.
Stuart Feldstein,
Assistant Director, Legislative and Regulatory
Activities Division, Office of the Comptroller
of the Currency.
Dated: February 7, 2006.
Deborah Dakin,
Senior Deputy Chief Counsel, Regulations and
Legislation Division, Office of Thrift
Supervision.
By the Board of Governors of the Federal
Reserve System on February 9, 2006.
Jennifer J. Johnson,
Secretary of the Board.
By Order of the Board of Directors.
Dated at Washington, DC, this 31st day of
January, 2006.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
By the National Credit Union
Administration Board on February 8, 2006.
Mary Rupp,
Secretary of the Board.
BILLING CODE 4810–02–P
burden does not attempt to allocate that time
between agencies when the form is filed in
satisfaction of the rules of more than one agency.
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[FR Doc. 06–1433 Filed 2–16–06; 8:45 am]
BILLING CODE 4810–02–C
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Agencies
[Federal Register Volume 71, Number 33 (Friday, February 17, 2006)]
[Notices]
[Pages 8640-8648]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1433]
=======================================================================
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
Office of Thrift Supervision
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
NATIONAL CREDIT UNION ADMINISTRATION
Agency Information Collection Activities; Proposed Collection;
Comment Request; Suspicious Activity Report by Depository Institutions
AGENCIES: Financial Crimes Enforcement Network, Office of the
Comptroller of the Currency, Office of Thrift Supervision, Department
of the Treasury; Board of Governors of the Federal Reserve System,
Federal Deposit Insurance Corporation, National Credit Union
Administration.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Financial Crimes Enforcement Network and the Banking
Supervisory Agencies \1\, as part of their continuing effort to reduce
paperwork and respondent burden, invite the general public and other
Federal agencies to take this opportunity to comment on information
collections, as required by the Paperwork Reduction Act of 1995, Public
Law 104-13 (44 U.S.C. 3506(c)(2)(A)). The Financial Crimes Enforcement
Network and the Banking Supervisory Agencies are soliciting comments
concerning the Suspicious Activity Report by Depository Institutions,
which is being revised and reformatted to standardize this report with
suspicious activity reports being filed by other financial
institutions. The report also is being revised to support joint filing,
providing the necessary data blocks and instructions for completing a
jointly filed suspicious activity report. The instructions limit joint
filing to those suspicious activities that do not involve insider
abuse.
---------------------------------------------------------------------------
\1\ The term ``Banking Supervisory Agencies'' is the collective
term for the following organizations: The Office of the Comptroller
of the Currency, The Office of Thrift Supervision, The Board of
Governors of the Federal Reserve System, The Federal Deposit
Insurance Corporation, and The National Credit Union Administration.
---------------------------------------------------------------------------
DATES: Written comments should be received on or before April 18, 2006.
ADDRESSES: Interested parties are invited to submit written comments to
any or all of the agencies. All comments, which should refer to the
Office of Management and Budget control numbers, will be shared among
the agencies. Direct all written comments as follows:
Financial Crimes Enforcement Network: Financial Crimes Enforcement
Network, Post Office Box 39, Vienna, VA 22183, Attention: 1506-0001,
Revised Suspicious Activity Report by Depository Institutions. Comments
also may be submitted by electronic mail to the following Internet
address: regcomments@fincen.gov with the caption in the body of the
text, ``Attention: 1506-0001, Revised Suspicious Activity Report by
Depository Institutions''.
Comptroller of the Currency: Communications Division, Office of the
Comptroller of the Currency, Public Information Room, Mailstop 1-5,
Attention: 1557-0180, 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, 1557-0180, 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.
Office of Thrift Supervision: Information Collection Comments,
Chief Counsel's Office, Office of Thrift Supervision, 1700 G Street,
NW., Washington, DC 20552; send a facsimile transmission to (202) 906-
6518; or send an e-mail to infocollection.comments@ots.treas.gov. The
Office of Thrift Supervision will post comments and the related index
on its Internet site at https://www.ots.treas.gov. In addition,
interested persons may inspect comments at the Public Reading Room,
1700 G Street, NW., by appointment. To make an appointment, call (202)
906-5922, send an e-mail to public.info@ots.treas.gov, or send a
facsimile transmission to (202) 906-7755.
Board of Governors of the Federal Reserve System: You may submit
comments, identified by FR 2230, by any of the following methods:
Agency Web site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
Federal E-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: regs.comments@federalreserve.gov. Include docket
number in the subject line of the message.
FAX: 202/452-3819 or 202/452-3102.
Mail: Jennifer J. Johnson, Secretary, Board of Governors
of the Federal Reserve System, 20th Street and Constitution Avenue,
NW., Washington, DC 20551.
All public comments are available from the Board's Web site at:
https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as
submitted, unless modified for technical reasons. Accordingly, your
comments will not be edited to remove any identifying or contact
information. Public comments may also be viewed electronically or in
paper in Room MP-500 of the Board's Martin Building (20th and C
Streets, NW) between 9 a.m. and 5 p.m. on weekdays.
Comments may be mailed to Ms. Jennifer J. Johnson, Secretary, Board
of Governors of the Federal Reserve System, 20th Street, and
Constitution Avenue, NW., Washington, DC 20551.
[[Page 8641]]
However, because paper mail in the Washington area and at the Board of
Governors is subject to delay, please consider submitting your comments
by e-mail to regs.comments@federalreserve.gov, or faxing them to the
office of the Secretary at (202) 452-3819 or (202) 452-3102. Comments
addressed to Ms. Johnson may also be delivered to the Board's mail
facility in the West Courtyard between 8:45 a.m. and 5:15 p.m., located
on 21st Street between Constitution Avenue and C Street, NW. Members of
the public may inspect comments in Room MP-500 between 9 a.m. and 5
p.m. on weekdays pursuant to 261.12, except as provided in 261.14, of
the Board's Rules Regarding Availability of Information, 12 CFR 261.12
and 261.14.
Federal Deposit Insurance Corporation: Written comments should be
addressed to Steve Hanft, Clearance Officer, Legal Division MB-3064,
Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429. FAX number (202) 898-3838. E-mail:
shanft@fdic.gov.
National Credit Union Administration: Clearance Officer: Mr. Neil
M. McNamara, (703) 518-6447, National Credit Union Administration, 1775
Duke Street, Alexandria, VA 22314-3428, Fax No. (703) 518-6489, e-mail:
mcnamara@ncua.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
a copy of the collection may be obtained by contacting:
Financial Crimes Enforcement Network: Regulatory Policy and
Programs Division at (800) 949-2732.
Comptroller of the Currency: You can request additional information
or a copy of the collection from Mary Gottlieb, OCC 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.
Office of Thrift Supervision: Richard C. Stearns, Enforcement
Deputy Counsel, Office of Enforcement, Office of Thrift Supervision,
1700 G Street, NW., Washington, DC 20552, (202) 906-7966.
Board of Governors of the Federal Reserve System: Michelle Long,
Federal Reserve Board Clearance Officer (202-452-3829), Division of
Research and Statistics, Board of Governors of the Federal Reserve
System, Washington, DC 20551. Telecommunications Device for the Deaf
(TDD) users may contact (202) 263-4869, Board of Governors of the
Federal Reserve System, Washington, DC 20551.
Federal Deposit Insurance Corporation: Steve Hanft, Legal Division
MB-3064, Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429, (202) 898-3907.
National Credit Union Administration: Tracy Sumpter, Office of the
Chief Information Officer, (703) 518-6444 or John K. Ianno, Office of
General Counsel, (703) 518-6540.
SUPPLEMENTARY INFORMATION:
Title: Suspicious Activity Report by Depository Institutions. The
Office of the Comptroller of the Currency is renewing all information
collections covered under the information collection titled: ``(MA)--
Minimum Security Devices and Procedures, Reports of Suspicious
Activities, and Bank Secrecy Act Compliance--12 CFR 21.''
Office of Management and Budget Control Numbers
Financial Crimes Enforcement Network: 1506-0001.
Office of the Comptroller of the Currency: 1557-0180.
Office of Thrift Supervision: 1550-0003.
Board of Governors of the Federal Reserve System: 7100-0212.
Federal Deposit Insurance Corporation: 3064-0077.
National Credit Union Administration: 3133-0094.
Form Numbers
Financial Crimes Enforcement Network: Form 111.
Office of the Comptroller of the Currency: 8010-1/8010-9.
Office of Thrift Supervision: 1601.
Board of Governors of the Federal Reserve System: FR 2230.
Federal Deposit Insurance Corporation: 6710/06.
National Credit Union Administration: 2362.
Abstract: In 1985, the Banking Supervisory Agencies issued
procedures to be used by banks and certain other financial institutions
operating in the United States to report known or suspected criminal
activities to the appropriate law enforcement and Banking Supervisory
Agencies. Beginning in 1994, the Banking Supervisory Agencies and the
Financial Crimes Enforcement Network completely redesigned the
reporting process resulting in a Suspicious Activity Report, which
became effective in April 1996.\2\
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\2\ The report is authorized by the following regulations: 31
CFR 103.18 (Financial Crimes Enforcement Network); 12 CFR 21.11
(Office of the Comptroller of the Currency); 12 CFR 563.180 (Office
of Thrift Supervision); 12 CFR 208.62, 211.5(k), 211.24(f), and
225.4(f) (Board of Governors of the Federal Reserve System); 12 CFR
353.3 (Federal Deposit Insurance Corporation); 12 CFR 748.1
(National Credit Union Administration). The regulations were issued
under the authority contained in the following statutes: 31 U.S.C.
5318(g) (Financial Crimes Enforcement Network); 12 U.S.C. 93a, 1818,
1881-84, 3401-22, 31 U.S.C. 5318 (Office of the Comptroller of the
Currency); 12 U.S.C. 1463 and 1464 (Office of Thrift Supervision);
12 U.S.C. 248(a)(1), 324, 334, 625, 1844(c), 3105(c)(2) and 3106(a)
(Board of Governors of the Federal Reserve System); 12 U.S.C. 93a,
1818, 1881-84, 3401-22 (Federal Deposit Insurance Corporation); 12
U.S.C. 1766(a), 1789(a) (National Credit Union Administration).
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Current Action: The Banking Supervisory Agencies and the Financial
Crimes Enforcement Network propose several revisions to the reporting
form and instructions in order to enhance the clarity of the
instructions, allow for joint filing of Suspicious Activity Reports,
and to improve the usefulness of the Suspicious Activity Report to law
enforcement.
Data item 1 would be expanded to add two check boxes to indicate
whether the respondent institution is filing an updated report (data
item 1a) and whether the report is being filed jointly with another
financial institution (data item 1b).
Part I--Subject Information would be moved from Part II to Part I
and would collect information on the subject of the Suspicious Activity
Report. The section title would be changed to ``Subject Information''
from ``Suspect Information.'' Other proposed revisions to Part I are:
Proposed data item 2a would be added to indicate
whether multiple subjects are involved.
Proposed data item 6 ``Also known as (AKA-individual)
or doing business as (DBA-entity),'' would be added in order to
standardize the ``Subject Information'' section among all Suspicious
Activity Report forms.
Part II--Suspicious Activity Information would be moved from Part
III to Part II and would describe activity being reported. Proposed
revisions to Part II are:
Current data item 34, ``Total dollar amount involved in
known or suspicious activity,'' would be increased to twelve digits
from ten and would be renumbered as data item 22.
Current data item 38, which collects information about
the financial soundness of the respondent institution, would be
moved to Part V, ``Suspicious Activity Information-Narrative,'' data
item a.
Current data item 39, regarding bonding company
notification, would be deleted.
Current data items 40-44, law enforcement contact
information, would be moved to Part V, ``Suspicious Activity
Information-Narrative,'' data item g.
[[Page 8642]]
Part III--Reporting Financial Institution Information would be
moved from Part I to Part III and would collect information that
identifies the respondent institution, the branch where the activity
took place, the affected account number(s), if any, and whether such
accounts have been closed as a result of the suspicious activity.
Proposed revisions to Part III are:
Proposed check box 26b would be added to indicate
whether two or more financial institutions are jointly filing a
single Suspicious Activity Report by completing data items 26
through 35.
Proposed data item 29 would collect the respondent
institution's internal control or file number. Respondent
institutions would be encouraged, but not required, to report an
internal control or file number.
Three check boxes would be added to proposed data item
33, ``Primary Federal Regulator,'' to identify the Internal Revenue
Service, the Security and Exchange Commission, and Commodity Futures
Trading Commission as regulators for purposes of a Suspicious
Activity Report joint filing.
Proposed data item 35, ``Relationship of subject (Part
I) to the above listed financial institution,'' would be moved from
Part II, current data item 30, to Part III.
Proposed data items 41-55 would provide space to
collect information regarding other branch locations. If more than
four branches are involved, the additional information would be
provided in Part V ``Suspicious Activity Information-Narrative.''
Current data item 13, ``If institution closed, date
closed,'' would be deleted.
Part IV--Contact for Assistance information is consolidated here.
The proposed data item 56, ``Designated contact office,'' would replace
current data items 45-48, ``contact name and title information.'' This
revised information, coupled with an internal control or file number,
would still provide law enforcement with adequate contact information
while protecting the name of the contact person.
Part V--Suspicious Activity Information-Narrative requires the
respondent institution to provide a chronological and complete
narrative account of the activity, including what is unusual,
irregular, or suspicious about the activity. Because the narrative is
considered the most important part of the Suspicious Activity Report,
the list of information that should be included in the narrative would
be expanded to aid the respondent in the completion of the Suspicious
Activity Report.
Finally, the instructions for completing the Suspicious Activity
Report would be expanded to include specific data item instructions for
each item on the reporting form. Items considered critical for law
enforcement purposes have been marked with an asterisk.
Type of Review: Revision of a currently approved collection. The
OCC's revision does not affect the portions of OMB Control No. 1557-
0180 relating to Minimum Security Devices and Bank Secrecy Act
Compliance. OCC is seeking only a renewal of the approval for those
provisions.
Affected Public: Business, for-profit institutions, and non-profit
institutions.
Estimated Number of Respondents
Financial Crimes Enforcement Network: 27,262.\3\
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\3\ Respondents comprise many of the same institutions
responding to the Supervisory Agencies.
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Office of the Comptroller of the Currency: 2100.
Office of Thrift Supervision: 862.
Board of Governors of the Federal Reserve System: 7,000.
Federal Deposit Insurance Corporation: 8000.
National Credit Union Administration: 9300.
Estimated Total Annual Responses
Financial Crimes Enforcement Network: 399,848.
Office of the Comptroller of the Currency: 250,700.
Office of Thrift Supervision: 36,569.
Board of Governors of the Federal Reserve System: 93,600.
Federal Deposit Insurance Corporation: 16,018.
National Credit Union Administration: 2,961.
Estimated Total Annual Burden: Estimated 60 minutes per form:
Financial Crimes Enforcement Network: 399,848 hours.\4\
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\4\ Only one form is filed in satisfaction of the rules of both
the Financial Crimes Enforcement Network and the banking supervisory
agencies. The estimated burden per form is 60 minutes; the hourly
burden does not attempt to allocate that time between agencies when
the form is filed in satisfaction of the rules of more than one
agency.
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Office of the Comptroller of the Currency: 316,430 hours.
Office of Thrift Supervision: 36,569 hours.
Board of Governors of the Federal Reserve System: 93,600 hours.
Federal Deposit Insurance Corporation: 16,018 hours.
National Credit Union Administration: 2,961 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 Office of Management and Budget control
number. Records required to be retained under the Bank Secrecy Act and
these regulations issued by the Banking Supervisory Agencies must be
retained for five years. Generally, information collected pursuant to
the Bank Secrecy Act is confidential, but may be shared as provided by
law with regulatory and law enforcement authorities.
Request for Comments: Comments submitted in response to this notice
will be summarized and/or included in the request for Office of
Management and Budget 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 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: February 7, 2006.
William F. Baity,
Director, Financial Crimes Enforcement Network.
Dated: January 30, 2006.
Stuart Feldstein,
Assistant Director, Legislative and Regulatory Activities Division,
Office of the Comptroller of the Currency.
Dated: February 7, 2006.
Deborah Dakin,
Senior Deputy Chief Counsel, Regulations and Legislation Division,
Office of Thrift Supervision.
By the Board of Governors of the Federal Reserve System on
February 9, 2006.
Jennifer J. Johnson,
Secretary of the Board.
By Order of the Board of Directors.
Dated at Washington, DC, this 31st day of January, 2006.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
By the National Credit Union Administration Board on February 8,
2006.
Mary Rupp,
Secretary of the Board.
BILLING CODE 4810-02-P
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[FR Doc. 06-1433 Filed 2-16-06; 8:45 am]
BILLING CODE 4810-02-C