81_FR_52673 81 FR 52521 - Agency Information Collection Activities: Information Collection Extension With Revision; Submission for OMB Review; Bank Secrecy Act/Money Laundering Risk Assessment

81 FR 52521 - Agency Information Collection Activities: Information Collection Extension With Revision; Submission for OMB Review; Bank Secrecy Act/Money Laundering Risk Assessment

DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency

Federal Register Volume 81, Issue 152 (August 8, 2016)

Page Range52521-52525
FR Document2016-18740

The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on a proposed information collection, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35) (PRA). In accordance with the requirements of the PRA, the OCC may not conduct or sponsor, and the respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. The OCC is soliciting comments concerning an information collection titled ``Bank Secrecy Act/Money Laundering Risk Assessment,'' also known as the Money Laundering Risk (MLR) System. The OCC is also announcing that the proposed collection of information with extension has been submitted to OMB for review and clearance under the PRA.

Federal Register, Volume 81 Issue 152 (Monday, August 8, 2016)
[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Notices]
[Pages 52521-52525]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18740]


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DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency


Agency Information Collection Activities: Information Collection 
Extension With Revision; Submission for OMB Review; Bank Secrecy Act/
Money Laundering Risk Assessment

AGENCY: Office of the Comptroller of the Currency (OCC), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The OCC, as part of its continuing effort to reduce paperwork

[[Page 52522]]

and respondent burden, invites the general public and other Federal 
agencies to take this opportunity to comment on a proposed information 
collection, as required by the Paperwork Reduction Act of 1995 (44 
U.S.C. chapter 35) (PRA).
    In accordance with the requirements of the PRA, the OCC may not 
conduct or sponsor, and the respondent is not required to respond to, 
an information collection unless it displays a currently valid Office 
of Management and Budget (OMB) control number.
    The OCC is soliciting comments concerning an information collection 
titled ``Bank Secrecy Act/Money Laundering Risk Assessment,'' also 
known as the Money Laundering Risk (MLR) System.
    The OCC is also announcing that the proposed collection of 
information with extension has been submitted to OMB for review and 
clearance under the PRA.

DATES: Comments must be submitted by September 7, 2016.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email, if possible. Comments may be sent to: Legislative and Regulatory 
Activities Division, Office of the Comptroller of the Currency, 
Attention: 1557-0231, 400 7th Street SW., Suite 3E-218, Mail Stop 9W-
11, Washington, DC 20219. In addition, comments may be sent by fax to 
(571) 465-4326 or by electronic mail to [email protected]. You may 
personally inspect and photocopy comments at the OCC, 400 7th Street 
SW., Washington, DC 20219. For security reasons, the OCC requires that 
visitors make an appointment to inspect comments. You may do so by 
calling (202) 649-6700, or for persons who are deaf or hard of hearing, 
TTY, (202) 649-5597. 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.
    All comments received, including attachments and other supporting 
materials, are part of the public record and subject to public 
disclosure. Do not include any information in your comment or 
supporting materials that you consider confidential or inappropriate 
for public disclosure.
    Additionally, please send a copy of your comments by mail to: OCC 
Desk Officer, 1557-0231, U.S. Office of Management and Budget, 725 17th 
Street NW., #10235, Washington, DC 20503, or by email to: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Shaquita Merritt, OCC Clearance 
Officer, (202) 649-5490, or for persons who are deaf or hard of 
hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities 
Division, Office of the Comptroller of the Currency, 400 7th Street 
SW., Washington, DC 20219.

SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, the OCC 
has submitted the following proposed collection of information to OMB 
for review and clearance.

Bank Secrecy Act/Anti-Money Laundering Risk Assessment

    The MLR System enhances the ability of examiners and bank 
management to identify and evaluate any Bank Secrecy Act (BSA)/Money 
Laundering (ML) and Office of Foreign Assets Control (OFAC) sanctions 
risks associated with the banks' products, services, customers, and 
locations. As new products and services are introduced, existing 
products and services change, and banks expand through mergers and 
acquisitions, a bank's management's evaluation of potential new money 
laundering and terrorist financing risks is expected to evolve as well. 
The MLR risk assessment is an important tool for the OCC's BSA/Anti-
Money Laundering (AML)/OFAC supervision activities because it allows 
the OCC to better identify those institutions, and areas within 
institutions, that pose heightened risk, and allocate examination 
resources accordingly. This risk assessment is critical to protect 
financial institutions of all sizes from potential abuse from money 
laundering or terrorist financing. Absent an appropriate risk 
assessment, applicable controls cannot be effectively implemented for 
lines of business, products, or entities, which would elevate BSA, AML, 
and OFAC compliance risks.
    The OCC will collect MLR information for all financial institutions 
supervised by the OCC.
    OMB Control No.: 1557-0231.
    Type of Review: Regular.
    Frequency of Response: Annual.
    Burden Estimates:
    Community Bank and Federal Branches and Agencies populations:
    Estimated Number of Respondents: 1,450.
    Estimated Number of Responses: 1,450.
    Frequency of Response: Annually.
    Estimated Annual Burden: 8,700 hours.
    Midsize Bank population:
    Estimated Number of Respondents: 47.
    Estimated Number of Responses: 47.
    Frequency of Response: Annually.
    Estimated Annual Burden: 1,175 hours.
    Large Bank population:
    Estimated Number of Respondents: 38.
    Estimated Number of Responses: 38.
    Frequency of Response: Annually.
    Estimated Annual Burden: 3,040 hours.
    The OCC issued a 60-day Federal Register notice on January 4, 2016, 
soliciting comments concerning combining this existing community bank 
information collection with expansion to all OCC-supervised 
institutions.\1\ Eight comments were received: Four from OCC-supervised 
banks, two from industry associations, one from a bank holding company 
and one from an individual. Of the five comments received from a bank 
holding company or a bank, three were from midsize banks, and the 
remaining two comments were from community banks.
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    \1\ 81 FR 143 (January 4, 2016).
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1. Comments on Practical Utility of the Data Collection

    Comments were invited on whether the collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information has practical utility. Two commenters 
stated concern for either the small degree of practical utility or no 
practical utility obtained by requiring all OCC-supervised banks to 
report MLR data and linked the cost/benefit value of the cost of 
gathering and reporting the data to the benefit derived to the bank or 
to the OCC. An additional commenter stated that they saw no prudential 
or supervisory benefit to expanding the annual MLR data collection 
requirement to midsize or large banks when the OCC has access to the 
information on a dynamic basis. One commenter stated that the OCC must 
clearly demonstrate that costs and burdens associated with MLR do not 
outweigh the benefits. One commenter stated that the collection of MLR 
data is not necessary because the OCC already has access to the data 
through its supervisory process, including the current BSA/AML risk 
assessment expectation.
    Six commenters stated that the one-size-fits-all approach or 
proposed mandatory uniform approach for collecting MLR data from all 
OCC-supervised banks is inconsistent or at odds with the Federal 
Financial Institutions Examination Council (FFIEC) BSA/AML Examination 
Manual (Manual), as the FFIEC Manual provides for a variety of 
effective methods and

[[Page 52523]]

formats to be used in completing a risk assessment. Two commenters 
stated that requiring only OCC-supervised banks to report MLR data 
would create the equivalent of an ``uneven playing field'' for national 
banks and Federal thrifts and agencies. One commenter stated that the 
OCC should explain why collecting rudimentary MLR summary data is 
needed when there are relatively few BSA enforcement actions and other 
supervisory actions related to the BSA. One commenter stated that the 
proposal does not provide analysis of why extending the MLR to all 
financial institutions would enhance the ability of examiners and bank 
management to identify and evaluate BSA/ML and sanctions risks. The 
commenter further stated that the proposal does not explain how BSA/
AML/OFAC risk assessment provided through the MLR System enhances the 
OCC's understanding of such risks or why this information is necessary 
for the OCC to address supervisory concerns about those financial 
institutions.
    Collecting MLR data from all supervised banks will yield 
substantial information that will provide a high degree of utility for 
the OCC in meeting its supervisory obligations under applicable 
statutes and regulations.\2\ The purpose of the MLR System is to 
support the OCC's supervisory objectives by allowing for the 
identification and analysis of BSA/ML and OFAC sanctions risks across 
the population of all OCC-supervised banks, to assist examiners in 
carrying out risk-based supervision pursuant to the FFIEC Manual, and 
to meet the OCC's supervisory obligations under applicable statutes and 
regulations.\3\ Whether to collect MLR data is not in any way linked to 
whether an institution is the subject of a BSA/AML/OFAC enforcement or 
any other type of supervisory action. MLR data is simply data about a 
bank's products, services, customers, and geographies that is gathered 
prior to examinations to promote effectiveness and efficiency in OCC 
examination scoping and transaction testing. The expansion of the MLR 
System to all OCC-supervised institutions will allow contemporaneous 
data to be analyzed consistently across the agency and thus will allow 
the OCC to better identify those institutions, and areas within 
institutions, that pose heightened BSA/ML, and OFAC risk. The data 
collected through the MLR process is not collected by the OCC in any 
similar format.
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    \2\ 31 U.S.C. 5311, 12 U.S.C. 1818(s)(2), and implementing 
regulations 12 CFR 21.21, 31; 12 CFR 21.11 and 163.180, 12 CFR Title 
X, and Office of Foreign Assets Control sanction established under 
the Trading with the Enemy Act (TWEA); 50 U.S.C. App 1-44; 
International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1701; 
31 U.S.C. 5311; 12 U.S.C. 1818(s)(2); 12 CFR 21.21; 12 CFR 21.11 and 
163.180; and 31 CFR Title X.
    \3\ Ibid.
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    The MLR is not intended to supplant banks' full BSA and OFAC risk 
assessments. The OCC's evaluation of a bank's full risk assessment is 
performed during regular examinations. In addition to the OCC's uses, 
the MLR data can be used by banks as the first step in the two-step 
process of the banks' BSA and OFAC risk assessments. The first step in 
any risk assessment process is to gather data, and the MLR data 
gathered should be substantially similar to information needed to 
perform those internal bank analyses of BSA and OFAC risks.
    Additionally, the self-reported MLR data are provided back to the 
bank along with peer data so that the bank can conduct comparison and 
trend analyses concerning their data and peer data.
    While the FFIEC Manual was developed by the agencies \4\ to ensure 
consistency in the application of BSA/AML requirements and to promote 
uniformity in the supervision of financial institutions, each agency 
has the ability to supplement the supervision process with their own 
tools. The MLR is one such tool the OCC uses in its BSA/AML supervision 
of banks that permits consistent identification of potentially higher-
risk products, services, customers and geographies; expansion of the 
MLR will expand this utility across all OCC business lines and 
institution sizes.\5\ Rather than contradict the consistent and uniform 
approach that using the FFIEC Manual provides, the MLR System 
complements the Manual's procedures for risk assessment and supervision 
purposes. The submission of MLR data in a consistent format allows the 
agency to perform effective data risk analytics. Extending the MLR to 
all OCC-supervised banks, Federal thrifts, and Federal branches and 
agencies will provide the OCC the same type of bank data to identify 
and evaluate BSA/ML and sanctions risks in a consistent manner, 
regardless of institution size.
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    \4\ The FFIEC is a formal interagency body empowered to 
prescribe uniform principles, standards, and report forms for the 
federal examination of financial institutions by the Board of 
Governors of the Federal Reserve System (FRB), the Federal Deposit 
Insurance Corporation (FDIC), the National Credit Union 
Administration (NCUA), the Office of the Comptroller of the Currency 
(OCC), and the Consumer Financial Protection Bureau (CFPB), and to 
make recommendations to promote uniformity in the supervision of 
financial institutions. In 2006, the State Liaison Committee (SLC) 
was added to the Council as a voting member. The SLC includes 
representatives from the Conference of State Bank Supervisors 
(CSBS), the American Council of State Savings Supervisors (ACSSS), 
and the National Association of State Credit Union Supervisors 
(NASCUS).
    \5\ The OCC cannot address the tools used by the other agencies 
in their BSA/AML supervision roles.
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2. Comments on Estimate of Burden

    The OCC requested comment on the accuracy of the agency's estimate 
of the burden of the collection of the information. One commenter 
questioned what the OCC included in the estimate of burden hours. 
Another commenter stated that they agree with the estimate of burden 
hours for their institution but also stated concern for peer banks, 
noting that cost estimates vary greatly depending on the size, 
structure, and reporting format currently utilized and technological 
resources available to each bank. Six commenters stated that the 
estimate of burden is too low. Two commenters noted the reduction in 
the estimate of burden hours from 2013 for midsize and large bank 
populations, with one commenter making the assumption that technology 
is the reason for the reduction in hours.\6\
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    \6\ Burden estimates for midsize and large banks were included 
in the 2013 MLR PRA renewal notice published in the Federal Register 
on March 8, 2013 (78 FR 15121) even though the OCC has not collected 
the data from those bank populations up to this point.
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    The OCC uses the legal standard for estimating burden hours under 
the PRA.\7\ The term ``burden'' means time, effort, or financial 
resources expended by persons to generate, maintain, or provide 
information to or for a Federal agency, including the resources 
expended for: (a) Reviewing instructions; (b) acquiring, installing, 
and utilizing technology and systems; (c) adjusting the existing ways 
to comply with any previously applicable instructions and requirements; 
(d) searching data sources; (e) completing and reviewing the collection 
of information; and (f) transmitting, or otherwise disclosing the 
information. Collecting MLR data from OCC-supervised institutions is 
not expected to impose significant additional burden on banks because 
most institutions already generate or gather substantially similar data 
in the normal course of business in order to perform internal bank 
analyses of BSA/ML and OFAC risks. The burden included in the OCC's 
burden estimate is mainly the additional resources required to report 
the MLR data in an OCC-specified format.
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    \7\ 44 U.S.C. 3502(2).
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    The OCC has ten years' experience collecting MLR data from a large 
number of banks. The OCC estimates that the burden hours for midsize 
and

[[Page 52524]]

large bank populations will generally be higher than for community 
banks, Federal thrifts, and Federal branches and agencies. This is 
primarily because most midsize and large banks offer more products and 
services, involving a potentially wider range of customer types and 
geographies, than less complex community banks and Federal branches and 
agencies.
    The OCC recognizes that each bank is unique and will have a 
different MLR reporting experience. For example, a bank's management 
information systems, structure, and complexity may impact the bank's 
MLR reporting, and, therefore, the bank's reporting burden. However, 
the OCC believes the data requested for MLR purposes is data that 
institutions will have readily available and that for the vast majority 
of banks, will not require substantial investment in technology or 
systems to collect and report. The OCC reduced the estimated burden 
hours for midsize banks to 25 hours in 2016 from 30 hours in 2013, and 
for large banks, reduced estimated burden hours to 80 hours in 2016 
from 100 hours in 2013, due to implementing a fully automated MLR 
format. There is no change in the estimated burden for community banks 
and Federal branches and agencies in 2016 from 2013.
    Finally, with regard to the estimate of burden, one commenter 
stated that failure to make publicly available the MLR risk summary 
form (RSF) used to collect the data in advance undermines the PRA 
review process and makes it difficult to comment on the accuracy of the 
agency's estimate of the burden. The OCC is permitted, but not 
required, to include the RSF as part of the 60-day Federal Register 
notice. The form is available, and was available at the time the 60-day 
Federal Register notice was issued, at http://www.reginfo.gov as an 
attachment to the OCC's 2013 PRA submission http://www.reginfo.gov/public/do/PRAICList?ref_nbr=201302-1557-009.

3. Comments on Possible Data Enhancements

    The OCC requested comment on ways to enhance the quality, utility, 
and clarity of the information to be collected. One commenter stated 
that it was difficult to translate limited MLR data into BSA/ML risks. 
Another commenter stated that the MLR as currently contemplated is not 
useful nor is it worth the costs in terms of staff hours, system 
modification and training. The same commenter stated that the OCC 
should consider designing a customized, flexible cloud-based 
architecture within a secure data center. Additionally, this commenter 
stated that the OCC should establish an analytic team dedicated to 
importing, extrapolating, and analyzing the data collection from banks, 
with the platform designed to be flexible and dynamic to account for 
each individual bank's size, geography, and business. After testing, 
this commenter stated, consideration should be given to rolling the 
platform out on a risk-based basis to OCC-regulated banks. One 
commenter also stated that the OCC should consider making the MLR 
mandatory only in instances where the bank's own risk assessment is 
insufficient for the exam scoping process. Two commenters expressed 
concerns that the September 30 as-of report date was inconsistent with 
most banks that operate on a calendar-year basis.
    The OCC collects the MLR data on bank customers, products, 
services, and geographies and analyzes the data in a way that 
identifies the higher-risk type customers, products, services, and 
geographies, consistent with the FFIEC Manual. The OCC uses the MLR 
data gathered to assist, across the population of reporting banks, with 
development of examination strategies, preparation of examination 
scoping to identify transactions for testing, and meeting the OCC's 
obligations under applicable statutes and regulations.\8\ The OCC 
regularly reevaluates the infrastructure around the MLR and makes 
decisions about the most efficient and cost effective infrastructure 
and processes to utilize for the MLR System. An example of the OCC 
making changes to the MLR System was the updating of the MLR risk 
summary form to a fully automated data collection tool beginning in 
2014. The OCC analytics team checks for data integrity issues, confirms 
various validity checks on the data, and analyzes the data used for OCC 
supervision purposes.
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    \8\ 31 U.S.C. 5311, 12 U.S.C. 1818(s)(2), and implementing 
regulations 12 CFR 21.21, 31; 12 CFR 21.11 and 163.180, 12 CFR Title 
X, and Office of Foreign Assets Control sanction established under 
the Trading with the Enemy Act (TWEA); 50 U.S.C. App 1-44; 
International Emergency Economic Powers Act (IEEPA), 50 U.S.C. 1701; 
31 U.S.C. 5311; 12 U.S.C. 1818(s)(2); 12 CFR 21.21; 12 CFR 21.11 and 
163.180; and 31 CFR Title X.
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    Through the collection of MLR data from community banks for the 
past ten years, the OCC has determined that this data allows the agency 
to better identify those institutions, and areas within institutions, 
that pose heightened risk of money laundering and terrorist financing 
and to allocate examination resources accordingly. Collecting data in a 
uniform fashion over the same time period from all OCC-supervised 
institutions is critical to developing a database that allows effective 
analytic reporting and benchmarking risks over time.
    An approach of making MLR data reporting mandatory only in 
instances where the bank's own risk assessment was insufficient would 
add time to the examination process rather than expediting it. First, 
this approach would likely delay the OCC's mandated supervision 
schedule by taking away an important source of data for broad-based 
risk identification analysis and benchmarking that facilitates the 
OCC's annual examination strategy development and pre-planning 
activities, which are conducted potentially months in advance of an 
onsite examination. Second, on an individual bank level, this type of 
approach would require the OCC to review each bank's risk assessment 
during the exam scoping process before making a decision as to whether 
that bank would be required to report the MLR data, potentially 
extending the timeframe for each exam where the bank's risk assessment 
was deemed insufficient.
    In response to the commenters' concerns that the September 30 
reporting period is inconsistent with most banks' operating on a 
calendar year basis, the OCC notes that this date has not presented 
significant concerns in the ten years experience during which we have 
collected MLR data.

4. Comments on Minimizing Burden Through Information Technology

    The OCC invited comment on ways to minimize the burden of the 
collection on respondents, including through the use of automated 
collection techniques or other forms of information technology. Five 
commenters stated that the MLR data is duplicative of information 
already gathered in the normal course of bank supervision. These 
commenters recommended that the OCC not move forward with the proposal 
to extend the data collection. One commenter suggested that the OCC 
obtain aggregate domestic and international wire transfer and ACH 
transaction data, along with the various geographic locations of the 
international wires from the Federal Reserve Bank. One bank commenter 
stated they have concerns about customer privacy due to having the 
collection of data automated; however, there was no explanation 
provided. Two commenters expressed a concern for requiring that all 
banks submit MLR data annually, and one of those commenters stated that 
the frequency of the MLR data collection should be linked to the bank's 
ML risk profile. Another commenter stated that

[[Page 52525]]

MLR data should be collected on an ``as needed'' basis.
    The OCC notes that the MLR data is not duplicative or redundant and 
is not collected in any other format from OCC-supervised institutions. 
Wire transaction and ACH data obtained from the Federal Reserve Banks 
for OCC-supervised institutions is not sufficiently detailed for 
purposes of assessing BSA/ML/OFAC risk and planning exam strategies. 
Wire transaction data is limited to domestic wires only and does not 
include international wires, geographic locations, or whether the wires 
were sent Payable Upon Proper Identification (PUPI). Similarly, ACH 
data is limited to domestic ACH data and does not include cross-border 
ACH or international ACH data or geographies. In addition, not all OCC-
supervised institutions may initiate/send or receive international 
wires or ACH transactions through a Federal Reserve Bank.
    The OCC plans to collect the requested data using an XML form or 
other prescribed form submitted through the OCC BankNet system. The OCC 
plans to provide a schema (XML or otherwise) to institutions in advance 
of the required submission and also provide a window for institutions 
to submit test files and receive feedback. Additionally, the OCC 
utilizes secure data portals to communicate with and receive data from 
all OCC-supervised institutions. The OCC does not plan to collect 
personally identifiable information for MLR purposes, therefore, it is 
not expected that the collection would create customer privacy 
concerns.
    The annual filing requirement frequency ties in closely with the 
OCC's statutory examination cycle requirements because banks should 
periodically perform risk assessments of their customers, products, 
services, and geographies for BSA/ML and OFAC sanctions risks purposes. 
Requesting MLR data less frequently than annually would limit its 
usefulness for the OCC's BSA/AML/OFAC supervision responsibilities and 
might also negatively impact the bank's own risk assessment process. 
Collecting MLR data on an ``as needed'' basis or tying the MLR data 
collection frequency to a bank's risk profile would not allow for the 
consistent planning and analysis needed for such data, would lead to 
inefficiencies, and would diminish the ability of the OCC to assess 
risks over time and otherwise utilize the data in a meaningful way.

5. Comments on Costs

    The OCC invited comment on estimates of capital or start-up costs 
and costs of operation, maintenance, and purchase of services to 
provide information. One commenter stated that the initial 
implementation (costs) would be substantial and the ultimate data 
collection system requirements could result in annual burden estimates 
for large banks exceeding the 2013 (100 hours) and 2016 (80 hours) 
burden estimates. Another commenter stated that the costs of additional 
software would outweigh the benefits of time saved in a small 
institution. One commenter stated that the costs to implement would 
vary greatly depending on infrastructure, current risk assessment 
process, and resources.
    While there may be a slightly higher burden during the first 
reporting year, the OCC believes that the data requested for MLR 
purposes should be readily available and will not require substantial 
investment in technology or systems to collect and report. The OCC does 
not require the acquisition of additional software to collect and 
report MLR data. Some institutions, particularly community banks, 
collect and organize the data on Excel spreadsheets using existing bank 
reports received on a daily, weekly, or monthly basis, as the reports 
become available throughout the period covered by the reporting period. 
However, larger and more complex institutions may find it helpful to 
develop an internal reporting system to gather data efficiently across 
their organizations in a timely and consistent manner for MLR reporting 
purposes. The OCC provides options for submitting the MLR data 
including a fully automated online risk summary form. Additionally, the 
MLR risk summary form online system allows bankers to upload an XML 
file to complete the form. This XML file must comply with formatting 
style and validation requirements in order to be accepted into the 
OCC's secure system. If the file is valid, the risk summary form is 
pre-populated with the data ready to be submitted to the OCC.
    Two commenters stated that the OCC should go through the rulemaking 
process to gain approval to expand the MLR System to midsize and large 
banks. The PRA provides the public with two opportunities to comment on 
a proposed information collection similar to the public comment 
opportunity afforded by the Administrative Procedure Act for rulemaking 
actions. Consistent with the PRA, the OCC previously sought comment on 
this information collection for 60 days and now is seeking additional 
comment for 30 days. However, a notice of proposed rulemaking is 
unnecessary. Under 12 U.S.C. 161, the Comptroller has the express 
authority to require banks to provide special reports as to matters 
within his jurisdiction. BSA/AML supervision is within the jurisdiction 
of the OCC as the OCC has the delegated authority from the Department 
of Treasury's Financial Crimes Enforcement Network (FinCEN) to examine 
national banks for compliance with the BSA. The OCC also has the 
authority under 12 U.S.C. 481 to make a thorough examination of all the 
affairs of a national bank. The MLR is an important part of the OCC's 
BSA/AML examination processes that falls within this broad grant of 
authority.
    The OCC has decided to expand the MLR reporting requirement to the 
OCC's midsize, large bank and Federal branches and agencies 
populations. As discussed above, a notice of proposed rulemaking is not 
necessary. The OCC previously had OMB approval to include midsize and 
large banks in the annual data collection, but requested OMB renewal of 
the data collection in 2010 and 2013 only for community banks. The OCC 
determined in 2010 and 2013 to collect only community bank data for MLR 
purposes. Pursuant to OMB requirements, the OCC is requesting renewal 
of the existing community bank MLR data collection with expansion to 
midsize and large bank (including Federal branches and agencies).
    Comments continue to be invited on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the OCC, including whether the 
information has practical utility;
    (b) The accuracy of the OCC'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 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: August 2, 2016.
Karen Solomon,
Deputy Chief Counsel, Office of the Comptroller of the Currency.
[FR Doc. 2016-18740 Filed 8-5-16; 8:45 am]
 BILLING CODE 4810-33-P



                                                                                 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                                   52521

                                                                                    TABLE 3—CALIFORNIA—DESIGNATED HRCQ/RAM ROUTES—Continued
                                                   Designation          Route                                                                                 Designation(s)                 FMCSA
                                                                                           Route description                     City           County
                                                      date              order                                                                                   (A,B,I,P)                  QA comment

                                                  10/19/94 ......   B4A          Interstate 15 from Nevada border                                                   P
                                                                                    to State 60 [Mira Loma].
                                                  10/19/94 ......   B5           Interstate 605 from Interstate 210                          Los Angeles            P
                                                                                    [Duarte] to Interstate 5 [Santa
                                                                                    Fe Springs].
                                                  10/19/94 ......   B5A–1.0      Interstate 40 from Arizona to                                                      P
                                                                                    Interstate 15 [Barstow].
                                                  10/19/94 ......   B6A–1.0      Interstate 10 from Arizona to                                                      P
                                                                                    Interstate 605 [Baldwin Park].
                                                  10/19/94 ......   B6A–2.0      Interstate 210 from Interstate 5                            Los Angeles            P
                                                                                    [Sylmar] to State 57 [Glendora].
                                                  04/01/14 ......   B6A–         State Route 57 from Interstate                                                     P
                                                                      2.0A          210 to Interstate 10.
                                                  10/19/94 ......   B7A–2.0      Interstate 5 from Oregon [MP                                                       P
                                                                                    796] to Interstate 210 [MP
                                                                                    160—Sylmar].
                                                  10/19/94 ......   C1           Interstate 280 from Interstate 680                                                 P
                                                                                    [in San Jose] to Interstate 380
                                                                                    [in San Francisco].
                                                  10/19/94 ......   C2           Interstate 680 from Interstate 80                                                  P
                                                                                    [Cordelia Junction, Fairfield] to
                                                                                    Interstate 280 [San Jose].
                                                  10/19/94 ......   D1           Interstate 880 from Interstate 980                          Alameda ....           P
                                                                                    [Oakland] to Interstate 238
                                                                                    [San Leandro].
                                                  10/19/94 ......   D2A          Interstate 980 from Interstate 580          Oakland .....   Alameda ....           P
                                                                                    to Interstate 880.
                                                  10/19/94 ......   E            Interstate 238 from Interstate 580                          Alameda ....           P
                                                                                    [Ashland] to Interstate 880 [San
                                                                                    Leandro].
                                                  10/19/94 ......   F1           Interstate 580 from Interstate 5 to                                                P
                                                                                    Interstate 238.
                                                  10/19/94 ......   F2A          Interstate 205 from Interstate 5                                                   P
                                                                                    [Lanthrop] to Interstate 580 [Al-
                                                                                    ameda County]’’.
                                                  10/19/94 ......   G            Interstate 80 from Nevada to                                                       P
                                                                                    Interstate 580 [north of Oak-
                                                                                    land].
                                                  04/01/14 ......   H            Interstate 505 from Interstate 5 to                                                P
                                                                                    Interstate 80.



                                                    Issued on: July 23, 2016.                              carrier using small aircraft pursuant to                 Dated: August 2, 2016.
                                                  T.F. Scott Darling, III,                                 Part 135 of the Federal Aviation                       Susan McDermott,
                                                  Administrator.                                           Regulations.                                           Deputy Assistant Secretary for Aviation and
                                                  [FR Doc. 2016–18729 Filed 8–5–16; 8:45 am]                                                                      International Affairs.
                                                                                                           DATES: Persons wishing to file                         [FR Doc. 2016–18728 Filed 8–5–16; 8:45 am]
                                                  BILLING CODE 4910–EX–P
                                                                                                           objections should do so no later than                  BILLING CODE 4910–9X–P
                                                                                                           August 16, 2016.
                                                  DEPARTMENT OF TRANSPORTATION                             ADDRESSES:   Objections and answers to
                                                                                                           objections should be filed in Docket                   DEPARTMENT OF THE TREASURY
                                                  Office of the Secretary
                                                                                                           DOT–OST–2016–0057 and addressed to
                                                                                                           U.S. Department of Transportation,                     Office of the Comptroller of the
                                                  Application of Trans Northern Airways                                                                           Currency
                                                  LLC for Commuter Authority                               Docket Operations, (M–30, Room W12–
                                                                                                           140), 1200 New Jersey Avenue SE., West                 Agency Information Collection
                                                  AGENCY: Department of Transportation.                    Building Ground Floor, Washington, DC                  Activities: Information Collection
                                                  ACTION: Notice of Order to Show Cause                    20590, and should be served upon the                   Extension With Revision; Submission
                                                  (Order 2016–8–5) Docket DOT–OST–                         parties listed in Attachment A to the                  for OMB Review; Bank Secrecy Act/
                                                  2016–0057.                                               order.                                                 Money Laundering Risk Assessment
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                                                  SUMMARY:   The Department of                             FOR FURTHER INFORMATION CONTACT:                       AGENCY: Office of the Comptroller of the
                                                  Transportation is directing all interested               Catherine J. O’Toole, Air Carrier Fitness              Currency (OCC), Treasury.
                                                  persons to show cause why it should                      Division (X–56, Room W86–489), U.S.                    ACTION: Notice and request for
                                                  not issue an order tentatively finding                   Department of Transportation, 1200                     comments.
                                                  Trans Northern Airways LLC fit,                          New Jersey Avenue SE., Washington,
                                                  willing, and able to provide scheduled                   DC 20590, (202) 366–9721.                              SUMMARY: The OCC, as part of its
                                                  passenger service as a commuter air                                                                             continuing effort to reduce paperwork


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                                                  52522                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                  and respondent burden, invites the                      FOR FURTHER INFORMATION CONTACT:                        Frequency of Response: Annually.
                                                  general public and other Federal                        Shaquita Merritt, OCC Clearance                         Estimated Annual Burden: 1,175
                                                  agencies to take this opportunity to                    Officer, (202) 649–5490, or for persons               hours.
                                                  comment on a proposed information                       who are deaf or hard of hearing, TTY,                   Large Bank population:
                                                  collection, as required by the Paperwork                (202) 649–5597, Legislative and                         Estimated Number of Respondents:
                                                  Reduction Act of 1995 (44 U.S.C.                        Regulatory Activities Division, Office of             38.
                                                  chapter 35) (PRA).                                      the Comptroller of the Currency, 400 7th                Estimated Number of Responses: 38.
                                                     In accordance with the requirements                  Street SW., Washington, DC 20219.                       Frequency of Response: Annually.
                                                  of the PRA, the OCC may not conduct                                                                             Estimated Annual Burden: 3,040
                                                                                                          SUPPLEMENTARY INFORMATION: In
                                                  or sponsor, and the respondent is not                                                                         hours.
                                                                                                          compliance with 44 U.S.C. 3507, the                     The OCC issued a 60-day Federal
                                                  required to respond to, an information                  OCC has submitted the following                       Register notice on January 4, 2016,
                                                  collection unless it displays a currently               proposed collection of information to                 soliciting comments concerning
                                                  valid Office of Management and Budget                   OMB for review and clearance.                         combining this existing community
                                                  (OMB) control number.
                                                                                                          Bank Secrecy Act/Anti-Money                           bank information collection with
                                                     The OCC is soliciting comments
                                                                                                          Laundering Risk Assessment                            expansion to all OCC-supervised
                                                  concerning an information collection
                                                                                                                                                                institutions.1 Eight comments were
                                                  titled ‘‘Bank Secrecy Act/Money                            The MLR System enhances the ability
                                                  Laundering Risk Assessment,’’ also                                                                            received: Four from OCC-supervised
                                                                                                          of examiners and bank management to
                                                  known as the Money Laundering Risk                                                                            banks, two from industry associations,
                                                                                                          identify and evaluate any Bank Secrecy
                                                  (MLR) System.                                                                                                 one from a bank holding company and
                                                                                                          Act (BSA)/Money Laundering (ML) and
                                                     The OCC is also announcing that the                                                                        one from an individual. Of the five
                                                                                                          Office of Foreign Assets Control (OFAC)
                                                  proposed collection of information with                                                                       comments received from a bank holding
                                                                                                          sanctions risks associated with the
                                                  extension has been submitted to OMB                                                                           company or a bank, three were from
                                                                                                          banks’ products, services, customers,
                                                  for review and clearance under the PRA.                                                                       midsize banks, and the remaining two
                                                                                                          and locations. As new products and
                                                                                                                                                                comments were from community banks.
                                                  DATES: Comments must be submitted by                    services are introduced, existing
                                                  September 7, 2016.                                      products and services change, and                     1. Comments on Practical Utility of the
                                                  ADDRESSES: Because paper mail in the                    banks expand through mergers and                      Data Collection
                                                  Washington, DC area and at the OCC is                   acquisitions, a bank’s management’s                      Comments were invited on whether
                                                  subject to delay, commenters are                        evaluation of potential new money                     the collection of information is
                                                  encouraged to submit comments by                        laundering and terrorist financing risks              necessary for the proper performance of
                                                  email, if possible. Comments may be                     is expected to evolve as well. The MLR                the functions of the agency, including
                                                  sent to: Legislative and Regulatory                     risk assessment is an important tool for              whether the information has practical
                                                  Activities Division, Office of the                      the OCC’s BSA/Anti-Money Laundering                   utility. Two commenters stated concern
                                                  Comptroller of the Currency, Attention:                 (AML)/OFAC supervision activities                     for either the small degree of practical
                                                  1557–0231, 400 7th Street SW., Suite                    because it allows the OCC to better                   utility or no practical utility obtained by
                                                  3E–218, Mail Stop 9W–11, Washington,                    identify those institutions, and areas                requiring all OCC-supervised banks to
                                                  DC 20219. In addition, comments may                     within institutions, that pose                        report MLR data and linked the cost/
                                                  be sent by fax to (571) 465–4326 or by                  heightened risk, and allocate                         benefit value of the cost of gathering and
                                                  electronic mail to prainfo@occ.treas.gov.               examination resources accordingly. This               reporting the data to the benefit derived
                                                  You may personally inspect and                          risk assessment is critical to protect                to the bank or to the OCC. An additional
                                                  photocopy comments at the OCC, 400                      financial institutions of all sizes from              commenter stated that they saw no
                                                  7th Street SW., Washington, DC 20219.                   potential abuse from money laundering                 prudential or supervisory benefit to
                                                  For security reasons, the OCC requires                  or terrorist financing. Absent an                     expanding the annual MLR data
                                                  that visitors make an appointment to                    appropriate risk assessment, applicable               collection requirement to midsize or
                                                  inspect comments. You may do so by                      controls cannot be effectively                        large banks when the OCC has access to
                                                  calling (202) 649–6700, or for persons                  implemented for lines of business,                    the information on a dynamic basis. One
                                                  who are deaf or hard of hearing, TTY,                   products, or entities, which would                    commenter stated that the OCC must
                                                  (202) 649–5597. Upon arrival, visitors                  elevate BSA, AML, and OFAC                            clearly demonstrate that costs and
                                                  will be required to present valid                       compliance risks.                                     burdens associated with MLR do not
                                                  government-issued photo identification                     The OCC will collect MLR                           outweigh the benefits. One commenter
                                                  and submit to security screening in                     information for all financial institutions            stated that the collection of MLR data is
                                                  order to inspect and photocopy                          supervised by the OCC.                                not necessary because the OCC already
                                                  comments.                                                  OMB Control No.: 1557–0231.
                                                                                                                                                                has access to the data through its
                                                     All comments received, including                        Type of Review: Regular.
                                                                                                             Frequency of Response: Annual.                     supervisory process, including the
                                                  attachments and other supporting                                                                              current BSA/AML risk assessment
                                                                                                             Burden Estimates:
                                                  materials, are part of the public record                   Community Bank and Federal                         expectation.
                                                  and subject to public disclosure. Do not                Branches and Agencies populations:                       Six commenters stated that the one-
                                                  include any information in your                            Estimated Number of Respondents:                   size-fits-all approach or proposed
                                                  comment or supporting materials that                    1,450.                                                mandatory uniform approach for
                                                  you consider confidential or                               Estimated Number of Responses:                     collecting MLR data from all OCC-
                                                  inappropriate for public disclosure.                                                                          supervised banks is inconsistent or at
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                                                                                                          1,450.
                                                     Additionally, please send a copy of                     Frequency of Response: Annually.                   odds with the Federal Financial
                                                  your comments by mail to: OCC Desk                         Estimated Annual Burden: 8,700                     Institutions Examination Council
                                                  Officer, 1557–0231, U.S. Office of                      hours.                                                (FFIEC) BSA/AML Examination Manual
                                                  Management and Budget, 725 17th                            Midsize Bank population:                           (Manual), as the FFIEC Manual provides
                                                  Street NW., #10235, Washington, DC                         Estimated Number of Respondents:                   for a variety of effective methods and
                                                  20503, or by email to: oira_submission@                 47.
                                                  omb.eop.gov.                                               Estimated Number of Responses: 47.                   1 81   FR 143 (January 4, 2016).



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                                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                                    52523

                                                  formats to be used in completing a risk                 to better identify those institutions, and             thrifts, and Federal branches and
                                                  assessment. Two commenters stated that                  areas within institutions, that pose                   agencies will provide the OCC the same
                                                  requiring only OCC-supervised banks to                  heightened BSA/ML, and OFAC risk.                      type of bank data to identify and
                                                  report MLR data would create the                        The data collected through the MLR                     evaluate BSA/ML and sanctions risks in
                                                  equivalent of an ‘‘uneven playing field’’               process is not collected by the OCC in                 a consistent manner, regardless of
                                                  for national banks and Federal thrifts                  any similar format.                                    institution size.
                                                  and agencies. One commenter stated                         The MLR is not intended to supplant                 2. Comments on Estimate of Burden
                                                  that the OCC should explain why                         banks’ full BSA and OFAC risk
                                                  collecting rudimentary MLR summary                      assessments. The OCC’s evaluation of a                    The OCC requested comment on the
                                                  data is needed when there are relatively                bank’s full risk assessment is performed               accuracy of the agency’s estimate of the
                                                  few BSA enforcement actions and other                   during regular examinations. In addition               burden of the collection of the
                                                  supervisory actions related to the BSA.                 to the OCC’s uses, the MLR data can be                 information. One commenter questioned
                                                  One commenter stated that the proposal                  used by banks as the first step in the                 what the OCC included in the estimate
                                                  does not provide analysis of why                        two-step process of the banks’ BSA and                 of burden hours. Another commenter
                                                  extending the MLR to all financial                      OFAC risk assessments. The first step in               stated that they agree with the estimate
                                                  institutions would enhance the ability                  any risk assessment process is to gather               of burden hours for their institution but
                                                  of examiners and bank management to                     data, and the MLR data gathered should                 also stated concern for peer banks,
                                                  identify and evaluate BSA/ML and                        be substantially similar to information                noting that cost estimates vary greatly
                                                  sanctions risks. The commenter further                  needed to perform those internal bank                  depending on the size, structure, and
                                                  stated that the proposal does not explain               analyses of BSA and OFAC risks.                        reporting format currently utilized and
                                                  how BSA/AML/OFAC risk assessment                           Additionally, the self-reported MLR                 technological resources available to
                                                  provided through the MLR System                         data are provided back to the bank along               each bank. Six commenters stated that
                                                  enhances the OCC’s understanding of                     with peer data so that the bank can                    the estimate of burden is too low. Two
                                                  such risks or why this information is                   conduct comparison and trend analyses                  commenters noted the reduction in the
                                                  necessary for the OCC to address                        concerning their data and peer data.                   estimate of burden hours from 2013 for
                                                  supervisory concerns about those                           While the FFIEC Manual was                          midsize and large bank populations,
                                                  financial institutions.                                 developed by the agencies 4 to ensure                  with one commenter making the
                                                     Collecting MLR data from all                         consistency in the application of BSA/                 assumption that technology is the
                                                  supervised banks will yield substantial                                                                        reason for the reduction in hours.6
                                                                                                          AML requirements and to promote
                                                                                                                                                                    The OCC uses the legal standard for
                                                  information that will provide a high                    uniformity in the supervision of
                                                                                                                                                                 estimating burden hours under the
                                                  degree of utility for the OCC in meeting                financial institutions, each agency has
                                                                                                                                                                 PRA.7 The term ‘‘burden’’ means time,
                                                  its supervisory obligations under                       the ability to supplement the                          effort, or financial resources expended
                                                  applicable statutes and regulations.2                   supervision process with their own                     by persons to generate, maintain, or
                                                  The purpose of the MLR System is to                     tools. The MLR is one such tool the OCC                provide information to or for a Federal
                                                  support the OCC’s supervisory                           uses in its BSA/AML supervision of                     agency, including the resources
                                                  objectives by allowing for the                          banks that permits consistent                          expended for: (a) Reviewing
                                                  identification and analysis of BSA/ML                   identification of potentially higher-risk              instructions; (b) acquiring, installing,
                                                  and OFAC sanctions risks across the                     products, services, customers and                      and utilizing technology and systems;
                                                  population of all OCC-supervised banks,                 geographies; expansion of the MLR will                 (c) adjusting the existing ways to
                                                  to assist examiners in carrying out risk-               expand this utility across all OCC                     comply with any previously applicable
                                                  based supervision pursuant to the FFIEC                 business lines and institution sizes.5                 instructions and requirements; (d)
                                                  Manual, and to meet the OCC’s                           Rather than contradict the consistent                  searching data sources; (e) completing
                                                  supervisory obligations under                           and uniform approach that using the                    and reviewing the collection of
                                                  applicable statutes and regulations.3                   FFIEC Manual provides, the MLR                         information; and (f) transmitting, or
                                                  Whether to collect MLR data is not in                   System complements the Manual’s                        otherwise disclosing the information.
                                                  any way linked to whether an                            procedures for risk assessment and                     Collecting MLR data from OCC-
                                                  institution is the subject of a BSA/AML/                supervision purposes. The submission                   supervised institutions is not expected
                                                  OFAC enforcement or any other type of                   of MLR data in a consistent format                     to impose significant additional burden
                                                  supervisory action. MLR data is simply                  allows the agency to perform effective                 on banks because most institutions
                                                  data about a bank’s products, services,                 data risk analytics. Extending the MLR                 already generate or gather substantially
                                                  customers, and geographies that is                      to all OCC-supervised banks, Federal                   similar data in the normal course of
                                                  gathered prior to examinations to                                                                              business in order to perform internal
                                                  promote effectiveness and efficiency in                   4 The FFIEC is a formal interagency body
                                                                                                                                                                 bank analyses of BSA/ML and OFAC
                                                  OCC examination scoping and                             empowered to prescribe uniform principles,
                                                                                                          standards, and report forms for the federal            risks. The burden included in the OCC’s
                                                  transaction testing. The expansion of the               examination of financial institutions by the Board     burden estimate is mainly the additional
                                                  MLR System to all OCC-supervised                        of Governors of the Federal Reserve System (FRB),      resources required to report the MLR
                                                  institutions will allow contemporaneous                 the Federal Deposit Insurance Corporation (FDIC),
                                                                                                                                                                 data in an OCC-specified format.
                                                  data to be analyzed consistently across                 the National Credit Union Administration (NCUA),
                                                                                                          the Office of the Comptroller of the Currency (OCC),      The OCC has ten years’ experience
                                                  the agency and thus will allow the OCC                  and the Consumer Financial Protection Bureau           collecting MLR data from a large
                                                                                                          (CFPB), and to make recommendations to promote         number of banks. The OCC estimates
                                                    2 31 U.S.C. 5311, 12 U.S.C. 1818(s)(2), and           uniformity in the supervision of financial
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                                                  implementing regulations 12 CFR 21.21, 31; 12 CFR       institutions. In 2006, the State Liaison Committee     that the burden hours for midsize and
                                                  21.11 and 163.180, 12 CFR Title X, and Office of        (SLC) was added to the Council as a voting member.
                                                  Foreign Assets Control sanction established under       The SLC includes representatives from the                6 Burden estimates for midsize and large banks

                                                  the Trading with the Enemy Act (TWEA); 50 U.S.C.        Conference of State Bank Supervisors (CSBS), the       were included in the 2013 MLR PRA renewal notice
                                                  App 1–44; International Emergency Economic              American Council of State Savings Supervisors          published in the Federal Register on March 8, 2013
                                                  Powers Act (IEEPA), 50 U.S.C. 1701; 31 U.S.C.           (ACSSS), and the National Association of State         (78 FR 15121) even though the OCC has not
                                                  5311; 12 U.S.C. 1818(s)(2); 12 CFR 21.21; 12 CFR        Credit Union Supervisors (NASCUS).                     collected the data from those bank populations up
                                                  21.11 and 163.180; and 31 CFR Title X.                    5 The OCC cannot address the tools used by the       to this point.
                                                    3 Ibid.                                               other agencies in their BSA/AML supervision roles.       7 44 U.S.C. 3502(2).




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                                                  52524                         Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices

                                                  large bank populations will generally be                the OCC should establish an analytic                  database that allows effective analytic
                                                  higher than for community banks,                        team dedicated to importing,                          reporting and benchmarking risks over
                                                  Federal thrifts, and Federal branches                   extrapolating, and analyzing the data                 time.
                                                  and agencies. This is primarily because                 collection from banks, with the platform                 An approach of making MLR data
                                                  most midsize and large banks offer more                 designed to be flexible and dynamic to                reporting mandatory only in instances
                                                  products and services, involving a                      account for each individual bank’s size,              where the bank’s own risk assessment
                                                  potentially wider range of customer                     geography, and business. After testing,               was insufficient would add time to the
                                                  types and geographies, than less                        this commenter stated, consideration                  examination process rather than
                                                  complex community banks and Federal                     should be given to rolling the platform               expediting it. First, this approach would
                                                  branches and agencies.                                  out on a risk-based basis to OCC-                     likely delay the OCC’s mandated
                                                     The OCC recognizes that each bank is                 regulated banks. One commenter also                   supervision schedule by taking away an
                                                  unique and will have a different MLR                    stated that the OCC should consider                   important source of data for broad-based
                                                  reporting experience. For example, a                    making the MLR mandatory only in                      risk identification analysis and
                                                  bank’s management information                           instances where the bank’s own risk                   benchmarking that facilitates the OCC’s
                                                  systems, structure, and complexity may                  assessment is insufficient for the exam               annual examination strategy
                                                  impact the bank’s MLR reporting, and,                   scoping process. Two commenters                       development and pre-planning
                                                  therefore, the bank’s reporting burden.                 expressed concerns that the September                 activities, which are conducted
                                                  However, the OCC believes the data                      30 as-of report date was inconsistent                 potentially months in advance of an
                                                  requested for MLR purposes is data that                 with most banks that operate on a                     onsite examination. Second, on an
                                                  institutions will have readily available                calendar-year basis.                                  individual bank level, this type of
                                                  and that for the vast majority of banks,                   The OCC collects the MLR data on                   approach would require the OCC to
                                                  will not require substantial investment                 bank customers, products, services, and               review each bank’s risk assessment
                                                  in technology or systems to collect and                 geographies and analyzes the data in a                during the exam scoping process before
                                                  report. The OCC reduced the estimated                   way that identifies the higher-risk type              making a decision as to whether that
                                                  burden hours for midsize banks to 25                    customers, products, services, and                    bank would be required to report the
                                                  hours in 2016 from 30 hours in 2013,                    geographies, consistent with the FFIEC                MLR data, potentially extending the
                                                  and for large banks, reduced estimated                  Manual. The OCC uses the MLR data                     timeframe for each exam where the
                                                  burden hours to 80 hours in 2016 from                   gathered to assist, across the population             bank’s risk assessment was deemed
                                                  100 hours in 2013, due to implementing                  of reporting banks, with development of               insufficient.
                                                  a fully automated MLR format. There is                  examination strategies, preparation of                   In response to the commenters’
                                                  no change in the estimated burden for                   examination scoping to identify                       concerns that the September 30
                                                  community banks and Federal branches                    transactions for testing, and meeting the             reporting period is inconsistent with
                                                  and agencies in 2016 from 2013.                         OCC’s obligations under applicable                    most banks’ operating on a calendar
                                                     Finally, with regard to the estimate of              statutes and regulations.8 The OCC                    year basis, the OCC notes that this date
                                                  burden, one commenter stated that                       regularly reevaluates the infrastructure              has not presented significant concerns
                                                  failure to make publicly available the                  around the MLR and makes decisions                    in the ten years experience during
                                                  MLR risk summary form (RSF) used to                     about the most efficient and cost                     which we have collected MLR data.
                                                  collect the data in advance undermines                  effective infrastructure and processes to             4. Comments on Minimizing Burden
                                                  the PRA review process and makes it                     utilize for the MLR System. An example                Through Information Technology
                                                  difficult to comment on the accuracy of                 of the OCC making changes to the MLR
                                                  the agency’s estimate of the burden. The                                                                         The OCC invited comment on ways to
                                                                                                          System was the updating of the MLR                    minimize the burden of the collection
                                                  OCC is permitted, but not required, to
                                                                                                          risk summary form to a fully automated                on respondents, including through the
                                                  include the RSF as part of the 60-day
                                                                                                          data collection tool beginning in 2014.               use of automated collection techniques
                                                  Federal Register notice. The form is
                                                                                                          The OCC analytics team checks for data                or other forms of information
                                                  available, and was available at the time
                                                                                                          integrity issues, confirms various                    technology. Five commenters stated that
                                                  the 60-day Federal Register notice was
                                                                                                          validity checks on the data, and                      the MLR data is duplicative of
                                                  issued, at http://www.reginfo.gov as an
                                                                                                          analyzes the data used for OCC                        information already gathered in the
                                                  attachment to the OCC’s 2013 PRA
                                                                                                          supervision purposes.                                 normal course of bank supervision.
                                                  submission http://www.reginfo.gov/                         Through the collection of MLR data
                                                  public/do/PRAICList?ref_nbr=201302-                                                                           These commenters recommended that
                                                                                                          from community banks for the past ten                 the OCC not move forward with the
                                                  1557-009.                                               years, the OCC has determined that this               proposal to extend the data collection.
                                                  3. Comments on Possible Data                            data allows the agency to better identify             One commenter suggested that the OCC
                                                  Enhancements                                            those institutions, and areas within                  obtain aggregate domestic and
                                                     The OCC requested comment on ways                    institutions, that pose heightened risk of            international wire transfer and ACH
                                                  to enhance the quality, utility, and                    money laundering and terrorist                        transaction data, along with the various
                                                  clarity of the information to be                        financing and to allocate examination                 geographic locations of the international
                                                  collected. One commenter stated that it                 resources accordingly. Collecting data in             wires from the Federal Reserve Bank.
                                                  was difficult to translate limited MLR                  a uniform fashion over the same time                  One bank commenter stated they have
                                                  data into BSA/ML risks. Another                         period from all OCC-supervised                        concerns about customer privacy due to
                                                  commenter stated that the MLR as                        institutions is critical to developing a              having the collection of data automated;
                                                  currently contemplated is not useful nor                                                                      however, there was no explanation
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                                                                                                            8 31 U.S.C. 5311, 12 U.S.C. 1818(s)(2), and
                                                  is it worth the costs in terms of staff                 implementing regulations 12 CFR 21.21, 31; 12 CFR
                                                                                                                                                                provided. Two commenters expressed a
                                                  hours, system modification and training.                21.11 and 163.180, 12 CFR Title X, and Office of      concern for requiring that all banks
                                                  The same commenter stated that the                      Foreign Assets Control sanction established under     submit MLR data annually, and one of
                                                  OCC should consider designing a                         the Trading with the Enemy Act (TWEA); 50 U.S.C.      those commenters stated that the
                                                                                                          App 1–44; International Emergency Economic
                                                  customized, flexible cloud-based                        Powers Act (IEEPA), 50 U.S.C. 1701; 31 U.S.C.
                                                                                                                                                                frequency of the MLR data collection
                                                  architecture within a secure data center.               5311; 12 U.S.C. 1818(s)(2); 12 CFR 21.21; 12 CFR      should be linked to the bank’s ML risk
                                                  Additionally, this commenter stated that                21.11 and 163.180; and 31 CFR Title X.                profile. Another commenter stated that


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                                                                                Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Notices                                                  52525

                                                  MLR data should be collected on an ‘‘as                 5. Comments on Costs                                  now is seeking additional comment for
                                                  needed’’ basis.                                            The OCC invited comment on                         30 days. However, a notice of proposed
                                                     The OCC notes that the MLR data is                   estimates of capital or start-up costs and            rulemaking is unnecessary. Under 12
                                                  not duplicative or redundant and is not                 costs of operation, maintenance, and                  U.S.C. 161, the Comptroller has the
                                                  collected in any other format from OCC-                 purchase of services to provide                       express authority to require banks to
                                                  supervised institutions. Wire                           information. One commenter stated that                provide special reports as to matters
                                                  transaction and ACH data obtained from                  the initial implementation (costs) would              within his jurisdiction. BSA/AML
                                                                                                          be substantial and the ultimate data                  supervision is within the jurisdiction of
                                                  the Federal Reserve Banks for OCC-
                                                                                                          collection system requirements could                  the OCC as the OCC has the delegated
                                                  supervised institutions is not
                                                                                                          result in annual burden estimates for                 authority from the Department of
                                                  sufficiently detailed for purposes of
                                                                                                          large banks exceeding the 2013 (100                   Treasury’s Financial Crimes
                                                  assessing BSA/ML/OFAC risk and
                                                                                                          hours) and 2016 (80 hours) burden                     Enforcement Network (FinCEN) to
                                                  planning exam strategies. Wire
                                                                                                          estimates. Another commenter stated                   examine national banks for compliance
                                                  transaction data is limited to domestic                                                                       with the BSA. The OCC also has the
                                                  wires only and does not include                         that the costs of additional software
                                                                                                          would outweigh the benefits of time                   authority under 12 U.S.C. 481 to make
                                                  international wires, geographic                                                                               a thorough examination of all the affairs
                                                  locations, or whether the wires were                    saved in a small institution. One
                                                                                                          commenter stated that the costs to                    of a national bank. The MLR is an
                                                  sent Payable Upon Proper Identification                                                                       important part of the OCC’s BSA/AML
                                                  (PUPI). Similarly, ACH data is limited to               implement would vary greatly
                                                                                                          depending on infrastructure, current                  examination processes that falls within
                                                  domestic ACH data and does not                                                                                this broad grant of authority.
                                                  include cross-border ACH or                             risk assessment process, and resources.
                                                                                                             While there may be a slightly higher                  The OCC has decided to expand the
                                                  international ACH data or geographies.                                                                        MLR reporting requirement to the OCC’s
                                                                                                          burden during the first reporting year,
                                                  In addition, not all OCC-supervised                                                                           midsize, large bank and Federal
                                                                                                          the OCC believes that the data requested
                                                  institutions may initiate/send or receive                                                                     branches and agencies populations. As
                                                                                                          for MLR purposes should be readily
                                                  international wires or ACH transactions                                                                       discussed above, a notice of proposed
                                                                                                          available and will not require
                                                  through a Federal Reserve Bank.                                                                               rulemaking is not necessary. The OCC
                                                                                                          substantial investment in technology or
                                                     The OCC plans to collect the                         systems to collect and report. The OCC                previously had OMB approval to
                                                  requested data using an XML form or                     does not require the acquisition of                   include midsize and large banks in the
                                                  other prescribed form submitted                         additional software to collect and report             annual data collection, but requested
                                                  through the OCC BankNet system. The                     MLR data. Some institutions,                          OMB renewal of the data collection in
                                                  OCC plans to provide a schema (XML or                   particularly community banks, collect                 2010 and 2013 only for community
                                                  otherwise) to institutions in advance of                and organize the data on Excel                        banks. The OCC determined in 2010 and
                                                  the required submission and also                        spreadsheets using existing bank reports              2013 to collect only community bank
                                                  provide a window for institutions to                    received on a daily, weekly, or monthly               data for MLR purposes. Pursuant to
                                                  submit test files and receive feedback.                 basis, as the reports become available                OMB requirements, the OCC is
                                                  Additionally, the OCC utilizes secure                   throughout the period covered by the                  requesting renewal of the existing
                                                  data portals to communicate with and                    reporting period. However, larger and                 community bank MLR data collection
                                                  receive data from all OCC-supervised                    more complex institutions may find it                 with expansion to midsize and large
                                                  institutions. The OCC does not plan to                  helpful to develop an internal reporting              bank (including Federal branches and
                                                  collect personally identifiable                         system to gather data efficiently across              agencies).
                                                  information for MLR purposes,                           their organizations in a timely and                      Comments continue to be invited on:
                                                  therefore, it is not expected that the                  consistent manner for MLR reporting                      (a) Whether the collection of
                                                  collection would create customer                        purposes. The OCC provides options for                information is necessary for the proper
                                                  privacy concerns.                                       submitting the MLR data including a                   performance of the functions of the
                                                                                                          fully automated online risk summary                   OCC, including whether the information
                                                     The annual filing requirement
                                                                                                          form. Additionally, the MLR risk                      has practical utility;
                                                  frequency ties in closely with the OCC’s
                                                                                                          summary form online system allows                        (b) The accuracy of the OCC’s
                                                  statutory examination cycle                             bankers to upload an XML file to                      estimate of the burden of the collection
                                                  requirements because banks should                       complete the form. This XML file must                 of information;
                                                  periodically perform risk assessments of                comply with formatting style and
                                                  their customers, products, services, and                                                                         (c) Ways to enhance the quality,
                                                                                                          validation requirements in order to be                utility, and clarity of the information to
                                                  geographies for BSA/ML and OFAC                         accepted into the OCC’s secure system.                be collected;
                                                  sanctions risks purposes. Requesting                    If the file is valid, the risk summary
                                                  MLR data less frequently than annually                                                                           (d) Ways to minimize the burden of
                                                                                                          form is pre-populated with the data                   the collection on respondents, including
                                                  would limit its usefulness for the OCC’s                ready to be submitted to the OCC.                     through the use of automated collection
                                                  BSA/AML/OFAC supervision                                   Two commenters stated that the OCC                 techniques or other forms of information
                                                  responsibilities and might also                         should go through the rulemaking                      technology; and
                                                  negatively impact the bank’s own risk                   process to gain approval to expand the
                                                  assessment process. Collecting MLR                                                                               (e) Estimates of capital or start-up
                                                                                                          MLR System to midsize and large banks.                costs and costs of operation,
                                                  data on an ‘‘as needed’’ basis or tying                 The PRA provides the public with two                  maintenance, and purchase of services
                                                  the MLR data collection frequency to a                  opportunities to comment on a
mstockstill on DSK3G9T082PROD with NOTICES




                                                                                                                                                                to provide information.
                                                  bank’s risk profile would not allow for                 proposed information collection similar
                                                  the consistent planning and analysis                    to the public comment opportunity                       Dated: August 2, 2016.
                                                  needed for such data, would lead to                     afforded by the Administrative                        Karen Solomon,
                                                  inefficiencies, and would diminish the                  Procedure Act for rulemaking actions.                 Deputy Chief Counsel, Office of the
                                                  ability of the OCC to assess risks over                 Consistent with the PRA, the OCC                      Comptroller of the Currency.
                                                  time and otherwise utilize the data in a                previously sought comment on this                     [FR Doc. 2016–18740 Filed 8–5–16; 8:45 am]
                                                  meaningful way.                                         information collection for 60 days and                BILLING CODE 4810–33–P




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Document Created: 2016-08-06 03:08:04
Document Modified: 2016-08-06 03:08:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice and request for comments.
DatesComments must be submitted by September 7, 2016.
ContactShaquita Merritt, OCC Clearance Officer, (202) 649-5490, or for persons who are deaf or hard of hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219.
FR Citation81 FR 52521 

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