[Federal Register Volume 74, Number 61 (Wednesday, April 1, 2009)]
[Notices]
[Pages 14863-14865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-7242]


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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: [email protected] 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: [email protected]. 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: [email protected]. 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: [email protected].
    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 
[email protected]. 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 
[email protected]. 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">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