Financial Crimes Enforcement Network; Proposed Renewal Without Change; Comment Request; Customer Identification Programs for Various Financial Institutions, 10993-10994 [E9-5528]
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Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
the trackage rights will be protected by
the conditions imposed in Norfolk and
Western Ry. Co.—Trackage Rights—BN,
354 I.C.C. 605 (1978), as modified in
Mendocino Coast Ry., Inc.—Lease and
Operate, 360 I.C.C. 653 (1980).
This notice is filed under 49 CFR
1180.2(d)(7). If the 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 effectiveness of
the exemption. Stay petitions must be
filed by March 20, 2009 (at least 7 days
before the exemption becomes
effective).
Pursuant to the Consolidated
Appropriations Act, 2008, Public Law
110–161, section 193, 121 Stat. 1844
(2007), nothing in this decision
authorizes the following activities at any
solid waste rail transfer facility:
Collecting, storing, or transferring solid
waste outside of its original shipping
container; or separating or processing
solid waste (including baling, crushing,
compacting, and shredding). The term
‘‘solid waste’’ is defined in section 1004
of the Solid Waste Disposal Act, 42
U.S.C. 6903.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 35223, must be filed with
the Surface Transportation Board, 395 E
Street, SW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on Thomas J.
Healey, Counsel—Regulatory, CN,
17641 S. Ashland Avenue, Homewood,
IL 60430.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: March 4, 2009.
By the Board, Joseph H. Dettmar, Acting
Director, Office of Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. E9–5123 Filed 3–12–09; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF THE TREASURY
sroberts on PROD1PC70 with NOTICES
Financial Crimes Enforcement
Network; Proposed Renewal Without
Change; Comment Request; Customer
Identification Programs for Various
Financial Institutions
AGENCY: Financial Crimes Enforcement
Network, Department of the Treasury.
ACTION: Notice and request for
comments.
SUMMARY: As part of its continuing effort
to reduce paperwork and respondent
VerDate Nov<24>2008
17:55 Mar 12, 2009
Jkt 217001
burden, the Financial Crimes
Enforcement Network invites comment
on a proposed renewal, without change,
to information collections found in
regulations requiring futures
commission merchants, introducing
brokers, banks, savings associations,
credit unions, certain non-federally
regulated banks, mutual funds, and
broker-dealers, to develop and
implement customer identification
programs reasonably designed to
prevent those financial institutions from
being used to facilitate money
laundering and the financing of terrorist
activities. This request for comment is
being made pursuant to the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. 3506(c)(2)(A).
DATES: Written comments are welcome
and must be received on or before May
12, 2009.
ADDRESSES: Written comments should
be submitted to: Regulatory Policy and
Programs Division, Financial Crimes
Enforcement Network, Department of
the Treasury, P.O. Box 39, Vienna, VA
22183, Attention: Customer
Identification Program Comments.
Comments also may be submitted by
electronic mail to the following Internet
address: regcomments@fincen.gov, again
with a caption, in the body of the text,
‘‘Attention: Customer Identification
Program Comments.’’
Inspection of comments. Comments
may be inspected, between 10 a.m. and
4 p.m., in the FinCEN reading room in
Vienna, VA. Persons wishing to inspect
the comments submitted must request
an appointment with the Disclosure
Officer by telephoning (703) 905–5034
(Not a toll free call).
FOR FURTHER INFORMATION CONTACT: The
Regulatory Policy and Programs
Division at 800–949–2732 option 6.
SUPPLEMENTARY INFORMATION:
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
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
PO 00000
Frm 00117
Fmt 4703
Sfmt 4703
10993
Regulations implementing Title II of the
Bank Secrecy Act appear at 31 CFR Part
103. The authority of the Secretary of
the Treasury to administer the Bank
Secrecy Act has been delegated to the
Director of the Financial Crimes
Enforcement Network.
Section 5318(l) of the Bank Secrecy
Act authorizes the Secretary to issue
regulations prescribing customer
identification programs for financial
institutions. The regulations must
require that, at a minimum, financial
institutions implement reasonable
procedures for (1) verifying the identity
of any person seeking to open an
account, to the extent reasonable and
practicable; (2) maintaining records of
the information used to verify the
person’s identity, including name,
address, and other identifying
information; and (3) determining
whether the person appears on any lists
of known or suspected terrorists or
terrorist organizations provided to the
financial institution by any government
agency. The regulations are to take into
consideration the various types of
accounts maintained by various types of
financial institutions, the various
methods of opening accounts, and the
various types of identifying information
available. Regulations implementing
section 5318(l) are found at 31 CFR
103.121, 103.122, 103.123, and 103.131.
1. Title: Customer identification
programs for banks, savings
associations, credit unions, and certain
non-federally regulated banks. (31 CFR
103.121).
Office of Management and Budget
Control Number: 1506–0026.
Abstract: Banks, savings associations,
credit unions, and certain non-federally
regulated banks are required to develop
and maintain customer identification
programs and provide their customers
with notice of the programs. (See FR 68,
25090, May 9, 2003).
Current Action: There is no change to
existing regulations.
Type of Review: Extension of a
currently approved information
collection.
Affected Public: Business and other
for profit institutions and non-profit
institutions.
Burden: Estimated Number of
Respondents 22,060.
Estimated average annual
recordkeeping burden per respondent:
10 hours.
Estimated average annual disclosure
burden per respondent: 1 hour
Estimated Total Annual Respondent
Burden: 242,660 hours.
Tools Required to Intercept and Obstruct Terrorism
Act of 2001, Public Law No. 107–56.
E:\FR\FM\13MRN1.SGM
13MRN1
sroberts on PROD1PC70 with NOTICES
10994
Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices
2. Title: Customer identification
program for broker-dealers (31 CFR
103.122).
Office of Management and Budget
Control Number: 1506–0034.
Abstract: Broker-dealers are required
to establish and maintain customer
identification programs and provide
their customers with notice of the
programs. (See FR 68, 25113, May 9,
2003.)
Current Action: There is no change to
existing regulations.
Type of Review: Extension of a
currently approved information
collection.
Affected Public: Business and other
for profit institutions.
Burden: Estimated Number of
Respondents 5,448.
Estimated Average Annual Burden
Per Respondent: The estimated average
burden associated with the notice
requirement is two minutes per
respondent.
Estimated Number of Hours: 630,896.
3. Title: Customer identification
programs for futures commission
merchants and introducing brokers (31
CFR 103.123)
Office of Management and Budget
Control Number: 1506–0022.
Abstract: Futures commission
merchants and introducing brokers are
required to develop and maintain
customer identification programs and
provide their customers with notice of
the programs. (See FR 68, 25149, May 9,
2003.)
Current Action: There is no change to
existing regulations.
Type of Review: Extension of a
currently approved information
collection.
Affected Public: Business and other
for profit institutions.
Burden: Estimated Number of
Respondents: 1856.
Estimated Average Annual Burden
Per Respondent: The estimated average
burden associated with the notice
requirement is two minutes per
respondent.
Estimated Number of Hours: 20,471.
4. Title: Customer identification
programs for mutual funds (31 CFR
103.131).
Office of Management and Budget
Control Number: 1505–0033.
Abstract: Mutual funds are required to
establish and maintain customer
identification programs and provide
their customers with notice of the
programs. (See FR 68, 25131, May 9,
2003.)
Current Action: There is no change to
existing regulations.
Type of Review: Extension of a
currently approved information
collection.
VerDate Nov<24>2008
17:55 Mar 12, 2009
Jkt 217001
Affected Public: Business and other
for profit institutions.
Burden: Estimated Number of
Respondents: 2,296.
Estimated Average Annual Burden
Per Respondent: The estimated average
burden associated with the notice
requirement is 2 minutes per
respondent.
Estimated Number of Hours: 266,700.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by the Office of
Management and Budget. Records
required to be retained under the Bank
Secrecy Act 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: March 9, 2009.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement
Network.
[FR Doc. E9–5528 Filed 3–12–09; 8:45 am]
BILLING CODE 4810–02–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Unblocking of Specially Designated
Narcotics Trafficker Pursuant to
Executive Order 12978
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
PO 00000
Frm 00118
Fmt 4703
Sfmt 4703
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing the name of
Juan Pablo Gutierrez Lozano, whose
property and interests in property have
been unblocked pursuant to Executive
Order 12978 of October 21, 1995,
Blocking Assets and Prohibiting
Transactions With Significant Narcotics
Traffickers.
DATES: The unblocking and removal
from the list of Specially Designated
Narcotics Traffickers of the individual
identified in this notice whose property
and interests in property were blocked
pursuant to Executive Order 12978 of
October 21, 1995, is effective on
February 26, 2009.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, Washington, DC 20220,
tel.: 202/622–2420.
SUPPLEMENTARY INFORMATION:
Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site
(www.treas.gov/ofac) via facsimile
through a 24-hour fax-on demand
service, tel.: (202) 622–0077.
Background
On October 21, 1995, the President,
invoking the authority, inter alia, of the
International Emergency Economic
Powers Act (50 U.S.C. 1701–1706)
(‘‘IEEPA’’), issued Executive Order
12978 (60 FR 54579, October 24, 1995)
(the ‘‘Order’’). In the Order, the
President declared a national emergency
to deal with the threat posed by
significant foreign narcotics traffickers
centered in Colombia and the harm that
they cause in the United States and
abroad.
Section 1 of the Order blocks, with
certain exceptions, all property and
interests in property that are in the
United States, or that hereafter come
within the United States or that are or
hereafter come within the possession or
control of United States persons, of: (1)
The persons listed in an Annex to the
Order; (2) any foreign person
determined by the Secretary of the
Treasury, in consultation with the
Attorney General and Secretary of State,
to play a significant role in international
narcotics trafficking centered in
Colombia; or (3) to materially assist in,
or provide financial or technological
support for or goods or services in
support of, the narcotics trafficking
activities of persons designated in or
pursuant to this order; and (4) persons
E:\FR\FM\13MRN1.SGM
13MRN1
]]>Agencies
[Federal Register Volume 74, Number 48 (Friday, March 13, 2009)]
[Notices]
[Pages 10993-10994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5528]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network; Proposed Renewal Without
Change; Comment Request; Customer Identification Programs for Various
Financial Institutions
AGENCY: Financial Crimes Enforcement Network, Department of the
Treasury.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: As part of its continuing effort to reduce paperwork and
respondent burden, the Financial Crimes Enforcement Network invites
comment on a proposed renewal, without change, to information
collections found in regulations requiring futures commission
merchants, introducing brokers, banks, savings associations, credit
unions, certain non-federally regulated banks, mutual funds, and
broker-dealers, to develop and implement customer identification
programs reasonably designed to prevent those financial institutions
from being used to facilitate money laundering and the financing of
terrorist activities. This request for comment is being made pursuant
to the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C.
3506(c)(2)(A).
DATES: Written comments are welcome and must be received on or before
May 12, 2009.
ADDRESSES: Written comments should be submitted to: Regulatory Policy
and Programs Division, Financial Crimes Enforcement Network, Department
of the Treasury, P.O. Box 39, Vienna, VA 22183, Attention: Customer
Identification Program Comments. Comments also may be submitted by
electronic mail to the following Internet address:
regcomments@fincen.gov, again with a caption, in the body of the text,
``Attention: Customer Identification Program Comments.''
Inspection of comments. Comments may be inspected, between 10 a.m.
and 4 p.m., in the FinCEN reading room in Vienna, VA. Persons wishing
to inspect the comments submitted must request an appointment with the
Disclosure Officer by telephoning (703) 905-5034 (Not a toll free
call).
FOR FURTHER INFORMATION CONTACT: The Regulatory Policy and Programs
Division at 800-949-2732 option 6.
SUPPLEMENTARY INFORMATION:
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 of the
Treasury to administer the Bank Secrecy Act has been delegated to the
Director of the Financial Crimes Enforcement Network.
---------------------------------------------------------------------------
\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, Public Law No. 107-56.
---------------------------------------------------------------------------
Section 5318(l) of the Bank Secrecy Act authorizes the Secretary to
issue regulations prescribing customer identification programs for
financial institutions. The regulations must require that, at a
minimum, financial institutions implement reasonable procedures for (1)
verifying the identity of any person seeking to open an account, to the
extent reasonable and practicable; (2) maintaining records of the
information used to verify the person's identity, including name,
address, and other identifying information; and (3) determining whether
the person appears on any lists of known or suspected terrorists or
terrorist organizations provided to the financial institution by any
government agency. The regulations are to take into consideration the
various types of accounts maintained by various types of financial
institutions, the various methods of opening accounts, and the various
types of identifying information available. Regulations implementing
section 5318(l) are found at 31 CFR 103.121, 103.122, 103.123, and
103.131.
1. Title: Customer identification programs for banks, savings
associations, credit unions, and certain non-federally regulated banks.
(31 CFR 103.121).
Office of Management and Budget Control Number: 1506-0026.
Abstract: Banks, savings associations, credit unions, and certain
non-federally regulated banks are required to develop and maintain
customer identification programs and provide their customers with
notice of the programs. (See FR 68, 25090, May 9, 2003).
Current Action: There is no change to existing regulations.
Type of Review: Extension of a currently approved information
collection.
Affected Public: Business and other for profit institutions and
non-profit institutions.
Burden: Estimated Number of Respondents 22,060.
Estimated average annual recordkeeping burden per respondent: 10
hours.
Estimated average annual disclosure burden per respondent: 1 hour
Estimated Total Annual Respondent Burden: 242,660 hours.
[[Page 10994]]
2. Title: Customer identification program for broker-dealers (31
CFR 103.122).
Office of Management and Budget Control Number: 1506-0034.
Abstract: Broker-dealers are required to establish and maintain
customer identification programs and provide their customers with
notice of the programs. (See FR 68, 25113, May 9, 2003.)
Current Action: There is no change to existing regulations.
Type of Review: Extension of a currently approved information
collection.
Affected Public: Business and other for profit institutions.
Burden: Estimated Number of Respondents 5,448.
Estimated Average Annual Burden Per Respondent: The estimated
average burden associated with the notice requirement is two minutes
per respondent.
Estimated Number of Hours: 630,896.
3. Title: Customer identification programs for futures commission
merchants and introducing brokers (31 CFR 103.123)
Office of Management and Budget Control Number: 1506-0022.
Abstract: Futures commission merchants and introducing brokers are
required to develop and maintain customer identification programs and
provide their customers with notice of the programs. (See FR 68, 25149,
May 9, 2003.)
Current Action: There is no change to existing regulations.
Type of Review: Extension of a currently approved information
collection.
Affected Public: Business and other for profit institutions.
Burden: Estimated Number of Respondents: 1856.
Estimated Average Annual Burden Per Respondent: The estimated
average burden associated with the notice requirement is two minutes
per respondent.
Estimated Number of Hours: 20,471.
4. Title: Customer identification programs for mutual funds (31 CFR
103.131).
Office of Management and Budget Control Number: 1505-0033.
Abstract: Mutual funds are required to establish and maintain
customer identification programs and provide their customers with
notice of the programs. (See FR 68, 25131, May 9, 2003.)
Current Action: There is no change to existing regulations.
Type of Review: Extension of a currently approved information
collection.
Affected Public: Business and other for profit institutions.
Burden: Estimated Number of Respondents: 2,296.
Estimated Average Annual Burden Per Respondent: The estimated
average burden associated with the notice requirement is 2 minutes per
respondent.
Estimated Number of Hours: 266,700.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a valid
control number assigned by the Office of Management and Budget. Records
required to be retained under the Bank Secrecy Act 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: March 9, 2009.
James H. Freis, Jr.,
Director, Financial Crimes Enforcement Network.
[FR Doc. E9-5528 Filed 3-12-09; 8:45 am]
BILLING CODE 4810-02-P
