[Federal Register Volume 67, Number 213 (Monday, November 4, 2002)]
[Notices]
[Pages 67239-67247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27771]


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DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network

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 Financial Institutions

AGENCY: Financial Crimes Enforcement Network (FinCEN), Office of the 
Comptroller of the Currency (OCC), Office of Thrift Supervision (OTS), 
Board of Governors of the Federal Reserve System (Board), Federal 
Deposit Insurance Corporation (FDIC), National Credit Union 
Administration (NCUA).

ACTION: Notice and request for comments.

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SUMMARY: FinCEN and the Supervisory Agencies (OCC, OTS, Board, FDIC, 
and NCUA), 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, OCC, OTS, Board, FDIC, and NCUA are 
soliciting comments concerning the Suspicious Activity Report, which is 
being revised to include two new check boxes in Part III, box 35, 
suspicious activities, for terrorist financing and identify theft and 
to update the language in the Safe Harbor provision to that contained 
in the PATRIOT Act. The OCC is also soliciting comments on all 
information collections contained in 12 CFR part 21. No new reporting 
requirements are being added.

DATES: Written comments should be received on or before January 3, 
2003.

ADDRESSES: Interested parties are invited to submit written comments to 
any or all of the agencies. All comments, which should refer to the OMB 
control number(s), will be shared among the agencies. Direct all 
written comments as follows:
    FinCEN: Financial Crimes Enforcement Network, Department of the 
Treasury, PO Box 39, Vienna, VA 22183, Attention: 1506-0001, Revised 
SAR, Financial Institutions. Comments also may be submitted by 
electronic mail to the following Internet address: 
[email protected] with the caption in the body of the text, 
``Attention: 1506-0001, Revised SAR, Financial Institutions''.
    OCC: Public Information Room, Office of the Comptroller of the 
Currency, 250 E Street, SW., Mail stop 1-5, Attention: 1557-0180, 
Washington, DC 20219. In addition, comments may be sent by facsimile 
transmission to (202) 874-4448, or by electronic mail to 
[email protected]. Due to disruptions in OCC's mail service 
since September 11, commenters are encouraged to submit comments by fax 
or e-mail. You can make an appointment to inspect comments by calling 
(202) 874-5043.
    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 
[email protected]. OTS will post comments and the 
related index on the OTS Internet site at 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 [email protected], or send a 
facsimile transmission to (202) 906-7755.

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    Board: 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. 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 [email protected], or faxing them to the office of 
the Secretary at 202-452-3819 or 202-452-3102. Comments addresses 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.
    FDIC: Written comments should be addressed to Robert E. Feldman, 
Executive Secretary, Attention: Comments/OES, Federal Deposit Insurance 
Corporation, 550 17th Street, NW., Washington, DC 20429. 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. (FAX number (202) 898-3838: Internet address: 
[email protected]). Comments may be inspected and photocopied in the 
FDIC Public Information Center, Room 100, 801 17th Street, NW., 
Washington, DC, between 9 a.m. and 4:30 p.m., on business days.
    NCUA: 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: [email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
a copy of the collection may be obtained by contacting:
    FinCEN: Russell Stephenson, 202-354-6400 (ORP);
    OCC: Jessie Dunaway, OCC Clearance Officer, or Camille Dixon, 
Legislative and Regulatory Activities Division, Office of the 
Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219, 
(202) 874-5090.
    OTS: Richard Stearns, Enforcement Deputy Counsel, Office of 
Enforcement, Office of Thrift Supervision, 1700 G Street, NW., 
Washington, DC 20552, (202) 906-7966.
    Board: Herbert A. Biern, Senior Associate Director, Division of 
Banking Supervision and Regulation, (202) 452-2620. For users of 
Telecommunications Devices for the Deaf (TDD) only, contact 202-263-
4869, Board of Governors of the Federal Reserve System, 20th Street and 
Constitution Avenue, NW., Washington, DC 20551.
    FDIC: Tamara R. Manly, Office of the Executive Secretary, FDIC, 550 
17th Street, NW., Washington, DC 20429, (202) 898-7453.
    NCUA: NCUA Clearance Officer, Mr. Neil M. McNamara, (703) 518-6447, 
or John K. Ianno, Office of General Counsel, (703) 518-6540.

SUPPLEMENTARY INFORMATION:
    Title: Suspicious Activity Report. The OCC is renewing all 
information collections covered under information collection titled: 
``(MA)--Minimum Security Devices and Procedures, Reports of Suspicious 
Activities, and Bank Secrecy Act Compliance--12 CFR 21.'' FinCEN is 
renewing 31 CFR 103.18.

OMB Numbers:

FinCEN: 1506-0001
OCC: 1557-0180
OTS: 1550-0003
Board: 7100-0212
FDIC: 3064-0077
NCUA: 3133-0094

Form Numbers:

FinCEN: TD F 90-22.47
OCC: None
OTS: 1601
Board: FR 2230
FDIC: 6710/06
NCUA: 2362
    Abstract: In 1985, the 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 Supervisory Agencies. Beginning in 
1994, the Supervisory Agencies and FinCEN completely redesigned the 
reporting process resulting in a Suspicious Activity Report, which 
became effective in April 1996.\1\
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    \1\ The report is authorized by the following rules: 31 CFR 
103.18 (FinCEN); 12 CFR 21.11 (OCC); 12 CFR 563.180 (OTS); 12 CFR 
208.20 (Board); 12 CFR 353.3 (FDIC); 12 CFR 748.1 (NCUA). The rules 
were issued under the authority of 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. 324, 334, 611a, 1844(b) and (c), 
3015(c)(2) and 3106(a) (Board); 12 U.S.C. 93a, 1818, 1881-84, 3401-
22 (FDIC); 12 U.S.C. 1766(a), 1789(a) (NCUA).
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    Current Action: This Notice proposes three minor revisions to the 
form. In Part III Suspicious Activity Information, block 35 Summary 
characterization of suspicious activity, two new boxes would be added. 
A box to indicate ``Terrorist Financing'' and a box to indicate 
``Identity Theft.'' The third is an update to the ``Safe Harbor'' 
wording to reflect changes by the Patriot Act. These additions will 
improve the form's usefulness to law enforcement and the Supervisory 
Agencies.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Business, for-profit institutions, and non-profit 
institutions.

Estimated Number of Respondents:

FinCEN: 22,600\2\
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    \2\ Respondents represent many of the same institutions 
responding to the Supervisory Agencies.
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OCC: 2252
OTS: 990
Board: 10,000
FDIC: 8000
NCUA: 9300
    Estimated Total Annual Responses:
FinCEN: 63,750
OCC: 54,172
OTS: 20,804
Board: 11,162
FDIC: 16,018
NCUA: 2,961

Estimated Total Annual Burden:

    Estimated 30 minutes per form.
FinCEN: 31,750 hours \3\
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    \3\ Only one form is filed in satisfaction of the rules of both 
FinCEN and the Supervisory Agencies. The estimated burden per form 
is 30 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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OCC: 32,906 hours
OTS: 10,402 hours
Board: 5,581 hours
FDIC: 8,009 hours
NCUA: 1,480 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 and these regulations issued by the 
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 OMB approval. All 
comments will become a matter of public record.
    Comments are invited on: (a) Whether the collection of information 
is necessary for the proper performance of the functions of the agency, 
including whether the information shall have

[[Page 67241]]

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: October 28, 2002.
James F. Sloan,
Director, Financial Crimes Enforcement Network.

    Dated: September 20, 2002.
Mark J. Tenhundfeld,
Assistant Director, Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency.

    Dated: September 24, 2002.
Deborah Dakin,
Deputy Chief Counsel, Regulations and Legislation Division, Office of 
Thrift Supervision.

    By the Board of Governors of the Federal Reserve System on 
October 3, 2002.
Jennifer J. Johnson,
Secretary of the Board.

    By Order of the Board of Directors.
    Dated in Washington, DC, this 30th day of September, 2002.
    Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.

    By the National Credit Union Administration Board on September 
24, 2002.
Becky Baker.
Secretary of the Board.
BILLING CODE 4810-02-P

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[FR Doc. 02-27771 Filed 11-4-02; 8:45 am]
BILLING CODE 4810-02-C