[Federal Register: April 1, 2009 (Volume 74, Number 61)]
[Notices]
[Page 14863-14865]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01ap09-96]
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DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
Office of the Comptroller of the Currency
Office of Thrift Supervision
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
NATIONAL CREDIT UNION ADMINISTRATION
Agency Information Collection Activities; Renewal of a Currently
Approved Collection; Comment Request; Suspicious Activity Report by
Depository Institutions
AGENCIES: Board of Governors of the Federal Reserve System (Board),
Federal Deposit Insurance Corporation (FDIC), Financial Crimes
Enforcement Network (FinCEN), National Credit Union Administration
(NCUA), Office of the Comptroller of the Currency(OCC), Office of
Thrift Supervision (OTS).
ACTION: Notice and request for comments.
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SUMMARY: FinCEN 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)). FinCEN and the Banking Supervisory Agencies are
[[Page 14864]]
soliciting comments concerning the currently approved Suspicious
Activity Report by Depository Institutions, which is being renewed
without change.
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\1\ The term ``Banking Supervisory Agencies'' is the collective
term for the following organizations: The Board of Governors of the
Federal Reserve System, Federal Deposit Insurance Corporation,
National Credit Union Administration, Office of the Comptroller of
the Currency, and Office of Thrift Supervision.
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DATES: Written comments should be received on or before June 1, 2009.
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 (OMB) control numbers, will be shared
among the agencies. Direct all written comments as follows:
FinCEN: Financial Crimes Enforcement Network, Post Office Box 39,
Vienna, VA 22183, Attention: 1506-0001, 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, Suspicious Activity Report by
Depository Institutions''.
Board: You may submit comments, identified by FR 2230, by any of
the following methods:
Agency Web Site: http://www.federalreserve.gov. Follow the
instructions for submitting comments at http://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
Federal E-Rulemaking Portal: http://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: http://
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. Additionally, commenters should send a
copy of their comments to the OMB Desk Officer by mail to the Office of
Information and Regulatory Affairs, U.S. Office of Management and
Budget, New Executive Office Building, Room 10235, 725 17th Street,
NW., Washington, DC 20503 or by fax to 202-395-6974.
FDIC: Submit written comments by any of the following methods. All
comments should refer to ``SAR 3064-0077'':
http://www.FDIC.gov/regulations/laws/federal/notices.html.
E-mail: comments@fdic.gov. Include ``SAR 3064-0077'' in
the subject line of the message.
Mail: Gary A. Kuiper (202-898-3877), Counsel, Federal
Deposit Insurance Corporation, F-1072, 550 17th Street, NW.,
Washington, DC 20429.
Hand Delivery: Comments may be hand-delivered to the guard
station at the rear of the 550 17th Street Building (located on F
Street), on business days between 7 a.m. and 5 p.m.
NCUA: Clearance Officer: Mr. Douglas Verner, (703) 518-6440,
National Credit Union Administration, 1775 Duke Street, Alexandria, VA
22314-3428, Fax No. (703) 518-6684, E-mail: dverner@ncua.gov.
OCC: Communications Division, Office of the Comptroller of the
Currency, Public Information Room, Mailstop 2-3, Attention: 1557-0180,
250 E Street, SW., Washington, DC 20219. In addition, comments may be
sent by fax to (202) 874-5274, or by electronic mail to
regs.comments@occ.treas.gov. You may personally inspect and photocopy
comments at the OCC's Public Information Room, 250 E Street, SW.,
Washington, DC. For security reasons, the OCC requires that visitors
make an appointment to inspect comments. You may do so by calling (202)
874-4700. Upon arrival, visitors will be required to present valid
government-issued photo identification and submit to security screening
in order to inspect and photocopy comments.
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.
OTS: 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 http:/
/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.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
a copy of the collection may be obtained by contacting:
FinCEN: Regulatory Policy and Programs Division at (800) 949-2732
and selecting option 7.
Board: Michelle Shore, 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.
FDIC: Gary A. Kuiper, Legal Division F-1072, Federal Deposit
Insurance Corporation, 550 17th Street, NW., Washington, DC 20429,
(202-898-3877).
NCUA: Tracy Sumpter, Office of the Chief Information Officer, (703)
518-6444 or Dana Brewington, Office of General Counsel, (703) 518-6554.
OCC: You can request additional information or a copy of the
collection from Mary Gottlieb, OCC Clearance Officer, Office of the
Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219.
OTS: Ira L. Mills, OTS Clearance Officer, Regulations and
Legislation Division, Chief Counsel Office, Office of Thrift
Supervision, 1700 G Street, NW., Washington, DC 20552, (202) 906-6531.
SUPPLEMENTARY INFORMATION:
Title: Suspicious Activity Report by Depository Institutions (SAR).
The Office of the Comptroller of the Currency is renewing without
change 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.'' The FDIC is renewing all information collections covered
under the information collected pursuant to Part 353-Suspicious
Activity Reports, 12 CFR Part 353. FinCEN is also renewing without
change the information collections in 31 CFR 103.18.
OMB Control Numbers:
Financial Crimes Enforcement Network: 1506-0001.
Board of Governors of the Federal Reserve System: 7100-0212.
Federal Deposit Insurance Corporation: 3064-0077.
National Credit Union Administration: 3133-0094.
Office of the Comptroller of the Currency: 1557-0180.
Office of Thrift Supervision: 1550-0003.
[[Page 14865]]
Form Numbers:
Financial Crimes Enforcement Network: Form 111.
Board of Governors of the Federal Reserve System: FR 2230.
Federal Deposit Insurance Corporation: 6710/06.
National Credit Union Administration: 2362.
Office of the Comptroller of the Currency: 8010-1/8010-9.
Office of Thrift Supervision: 1601.
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
FinCEN redesigned the reporting process resulting in the Suspicious
Activity Report, which became effective in April 1996. The report is
authorized by the following regulations: 31 CFR 103.18 (FinCEN); 12 CFR
21.11 (OCC); 12 CFR 563.180 (OTS); 12 CFR 208.62(c), 211.5(k),
211.24(f), and 225.4(f) (Board); 12 CFR 353.3 (FDIC); 12 CFR 748.1
(NCUA). The regulations were issued under the authority contained in
the following statutes: 31 U.S.C. 5318(g) (FinCEN); 12 U.S.C. 93a,
1818, 1881-84, 3401-22, 31 U.S.C. 5318 (OCC); 12 U.S.C. 1463 and 1464
(OTS); 12 U.S.C. 248(a)(1), 625, 1818, 1844(c), 3105(c)(2) and 3106(a)
(Board); 12 U.S.C1818-1820 (FDIC); 12 U.S.C. 1766(a), 1789(a) (NCUA).
Current Action: The Banking Supervisory Agencies and the FinCEN
propose to renew, without revision, the currently approved form.\2\
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\2\ The form being renewed was approved by OMB effective June
30, 2007. On May 1, 2007, FinCEN published a Federal Register notice
(72 FR 23891) (http://www.fincen.gov/statutes_regs/frn/pdf/sar_
fr_notice.pdf) announcing the delayed implementation of the revised
Suspicious Activity Report (SAR) forms. The revised SAR forms that
support joint filings were originally scheduled to become effective
on June 30, 2007 and mandatory on December 31, 2007. The delay in
implementation does not impact ongoing suspicious activity
reporting. Filers should continue to use the July 2003 form until
further notice (http://www.fincen.gov/forms/files/f9022-47_sar-
di.pdf). FinCEN will establish new dates for using the revised SAR
forms in a future notice. Depository institutions will be provided
ample lead time to incorporate the approved version.
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Type of Review: Renewal of a currently approved collection.
Affected Public: Business, for-profit institutions, and non-profit
institutions.
Estimated Number of Respondents:
Financial Crimes Enforcement Network: 22,387.\3\
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\3\ Respondents comprise many of the same institutions
responding to the Supervisory Agencies.
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Board of Governors of the Federal Reserve System: 7,000.
Federal Deposit Insurance Corporation: 5,148.
National Credit Union Administration: 7,834.
Office of the Comptroller of the Currency: 1,601.
Office of Thrift Supervision: 804.
Estimated Total Annual Responses:
FinCEN: 672,297.
Board: 86,404.
FDIC: 133,151.
NCUA: 56,500.
OCC: 337,421.
OTS: 58,821.
Estimated Total Annual Burden: Estimated 60 minutes per form:
FinCEN: 889,839 hours.\4\
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\4\ Only one form is filed in satisfaction of the rules of both
FinCEN 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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Board: 86,404 hours.
FDIC: 133,151 hours.
NCUA: 56,500 hours.
OCC: 449,086 hours.
OTS: 164,698 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: March 9, 2009.
James H. Freis, Jr.
Director, Financial Crimes Enforcement Network.
Dated: March 5, 2009.
Michele Meyer,
Assistant Director, Legislative and Regulatory Activities Division,
Office of the Comptroller of the Currency.
Dated: March 10, 2009.
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 March
12, 2009.
Jennifer J. Johnson,
Secretary of the Board.
By Order of the Board of Directors.
Dated at Washington, DC, this 27th day of February, 2009.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
By the National Credit Union Administration Board on March 23,
2009.
Mary Rupp,
Secretary of the Board.
[FR Doc. E9-7242 Filed 3-31-09; 8:45 am]
BILLING CODE 4810-02-P