[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)] [Notices] [Pages 52363-52370] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-25123] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network Office of the Comptroller of the Currency Office of Thrift Supervision FEDERAL RESERVE SYSTEM FEDERAL DEPOSIT INSURANCE CORPORATION NATIONAL CREDIT UNION ADMINISTRATION Agency Information Collection Activities; Proposed Collection; Comment Request; Suspicious Activity Report
Agency
Financial Crimes Enforcement Network (FinCEN), Office of the Comptroller of the Currency (OCC), Office of Thrift Supervision (OTS), Board of Governors of the Federal Reserve System (Board), Federal Deposit Insurance Corporation (FDIC), National Credit Union Administration (NCUA).
Action
Notice and request for comments.
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Summary
FinCEN and the Supervisory Agencies (OCC, OTS, Board, FDIC, and NCUA), as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to take this opportunity to comment on information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). FinCEN, OCC, OTS, Board, FDIC, and NCUA are soliciting comments concerning the Suspicious Activity Report, which is being streamlined and formatted for four-digit dates (a Year 2000 change) as explained in this notice. The OCC is also soliciting comments on all information collections contained in 12 CFR Part 21. No new reporting requirements are being added.
Dates
Written comments should be received on or before November 29, 1999, to be assured of consideration.
Addresses
Interested parties are invited to submit written comments to any or all of the agencies. All comments, which should refer to the OMB control number(s), will be shared among the agencies. Direct all written comments as follows: FinCEN: Financial Crimes Enforcement Network, Department of the Treasury, Suite 200, 2070 Chain Bridge Road, Vienna, VA 22182-2536, Attention: Revised SAR. Comments also may be submitted by electronic mail to the following Internet address: ``regcomments@fincen.treas.gov'' with the caption in the body of the text, ``Attention: Revised SAR''. OCC: Communications Division, Office of the Comptroller of the Currency, 250 E Street, SW., Third Floor, Attention: 1557-0180, Washington, DC 20219. In addition, comments may be sent by facsimile transmission to (202) 874-5274, or by electronic mail to [email protected] OTS: Manager, Dissemination Branch, Information Management and Services, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, Attention 1550-0003. These submissions may be hand delivered to 1700 G Street, NW., lower level, from 9 a.m. to 5 p.m. on business days; they may be sent by facsimile transmission to FAX Number (202) 906-7755; or they may be sent by e-mail: public.info@ots.treas.gov. Those commenting by e-mail should include their name and telephone number. Comments over 25 pages in length should be sent to FAX Number (202) 906-6956. Comments will be available for inspection at 1700 G Street, NW., until 4 p.m. on business days. Copies of the form are available for inspection at 1700 G Street, NW., from 9 a.m. until 4 p.m. on business days. Board: Comments may be mailed to Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. Comments also may be delivered to Room B-2222 of the Eccles Building between 8:45 a.m. and 5:15 p.m. weekdays, or to the guard station in the Eccles Building courtyard on 20th Street, NW. (between Constitution Avenue and C Street) at any time. Comments received will be available for inspection in Room MP-500 of the Martin Building between 9 a.m. and 5 p.m. weekdays, except as provided in 12 CFR 261.8 of the Board's rules regarding availability of information. FDIC: Written comments should be addressed to Robert E. Feldman, Executive Secretary, Attention: Comments/OES, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429. Comments may be hand-delivered to the guard
station at the rear of the 550 17th Street Building (located on F Street), on business days between 7 a.m. and 5 p.m. [FAX number (202) 898-3838: Internet address: comments@fdic.gov]. Comments may be inspected and photocopied in the FDIC Public Information Center, Room 100, 801 17th Street, NW., Washington, DC, between 9 a.m. and 4:30 p.m., on business days. NCUA: Clearance Officer: Mr. James L. Baylen, (703) 518-6411, National Credit Union Administration, 1775 Duke Street, Alexandria, VA 22314-3428, Fax No. 703-518-6433, E-mail:jbaylen@ncua.gov.
For Further Information Contact
Requests for additional information or a copy of the collection may be obtained by contacting: FinCEN: Deborah Groome, at 703 905-3744 or Scott Lodge, at (703) 905-3606, both of the Office of Data Systems Support; OCC: Jessie Gates or Camille Dixon, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington DC 20219, (202) 874-5090. OTS: Richard Stearns, Director, Office of Enforcement, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, (202) 906-7966. Board: Richard A. Small, Assistant Director, Division of Banking Supervision and Regulation, (202) 452-5235. For users of Telecommunications Devices for the Deaf (TDD) only, contact Diane Jenkins, (202) 452-3544, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue, NW., Washington, DC 20551. FDIC: Tamara R. Manly, Office of the Executive Secretary, FDIC, 550 17th Street, NW., Washington, DC 20429, (202) 898-7453. NCUA: NCUA Clearance Officer, James L. Baylen, (703) 518-6411, or John K. Ianno, Office of General Counsel, (703) 518-6540.
Supplementary Information
Title: Suspicious Activity Report (The OCC is renewing all information collections covered under the information collection titled: ``(MA)--Minimum Security Devices and Procedures, Reports of Suspicious Activities, and Bank Secrecy Act Compliance Program (12 CFR 21).'')
OMB Numbers
FinCEN: 1506-0001 OCC: 1557-0180 OTS: 1550-0003 Board: 7100-0212 FDIC: 3064-0077 NCUA: 3133-0094
Form Numbers
FinCEN: TD F 90-22.47 OCC: None OTS: 1601 Board: FR 2230 FDIC: 6710/06 NCUA: 2362
Abstract: In 1985, the Supervisory Agencies issued procedures to be used by banks and certain other financial institutions operating in the United States to report known or suspected criminal activities to the appropriate law enforcement and Supervisory Agencies. Beginning in 1994, the Supervisory Agencies and FinCEN completely redesigned the reporting process resulting in the existing Suspicious Activity Report, which became effective in April 1996.1 ---------------------------------------------------------------------------
\1\ The report is authorized by the following rules: 31 CFR 103.21 (FinCEN); 12 CFR 21.11 (OCC); 12 CFR 563.180 (OTS); 12 CFR 208.20 (Board); 12 CFR 353.3 (FDIC); 12 CFR 748.1 (NCUA). The rules were issued under the authority of 31 U.S.C. 5318(g) (FinCEN); 12 U.S.C. 93a, 1818, 1881-84, 3401-22, 31 U.S.C. 5318 (OCC); 12 U.S.C. 1463 and 1464 (OTS); 12 U.S.C. 324, 334, 611a, 1844(b) and (c), 3015(c)(2) and 3106(a) (Board); 12 U.S.C. 93a, 1818, 1881-84, 3401- 22 (FDIC); 12 U.S.C. 1766(a), 1789(a) (NCUA). ---------------------------------------------------------------------------
Current Actions: This Notice proposes to revise the form without making substantial additions to the content of the information collected. This Notice provides an opportunity to address a number of data collection, entry and analysis problems encountered by filers and the end users of the information. In general, the revisions conform all date items to a four-digit year (a Year 2000 change), make a number of other ministerial changes such as renumbering items, clarify the form, and improve its usefulness to law enforcement and the Supervisory Agencies. The blocks for a number of items are expanded to provide additional room for the requested information. Thus, the Zip Code items are expanded to provide room for a nine-digit Zip Code. Dollar items are expanded to provide more room for amounts (and lines are added to these items to separate digits). A number of items now on the form are deleted. The questions regarding the asset size of the financial institution (item 10 on the form now in use) and the birth date of the witness (item 55 of the form now in use) are deleted. The question asking for the address of the law enforcement agency contacted is deleted and is replaced by a question asking for the name and telephone number of the person contacted in the law enforcement agency. The section ``Preparer Information'' (Part V of the form now in use) is deleted. This information will be provided in the section ``Contact Information'' (Part VI of the form now in use). Several items on the form have been clarified. The question concerning the type of report is clarified by eliminating ``Supplemental Report.'' Thus, the question asks only whether the report being filed is an ``Initial Report'' or an ``Amended Report.'' The question regarding insider relationships is clarified by adding a box that asks, initially, whether the relationship is an insider relationship. A check box is added to the heading of Part II--Suspect Information--for use if suspect information is unavailable. Instead of the space now on the form for writing in the name of the law enforcement agency contacted, check boxes are added for indicating the specific law enforcement agency contacted. The instruction regarding the type of instrument involved (Part VII of the form now in use, instruction k) is clarified by adding examples of the types of instruments. The question regarding the summary characterization of the activity is revised to add another box ``Computer Intrusion'' to the current list of boxes. In the past, filers reporting computer intrusions on the form either checked the ``Other'' box (item 37r of the form now in use) and wrote information in the space beside the box, or wrote the information on the summary page. The instructions to the form are also revised to provide guidance as to the circumstances that would be considered computer intrusion for purposes of the form. Type of Review: Revision of a currently approved collection. Affected Public: Business, for-profit institutions, and non-profit institutions. Estimated Number of Respondents:
FinCEN: 18,600.2 ---------------------------------------------------------------------------
\2\ Respondents represent many of the same institutions responding to the Supervisory Agencies. ---------------------------------------------------------------------------
OCC: 3,000. OTS: 925. Board: 10,000. FDIC: 6,500. NCUA: 4,200.
Estimated Total Annual Responses:
FinCEN: 47,500. OCC: 45,527. OTS: 2,081. Board: 14,000. FDIC: 6,500. NCUA: 4,200.
Estimated Total Annual Burden: Estimated 30 minutes per form.
FinCEN: 23,750 hours.3 ---------------------------------------------------------------------------
\3\ Only one form is filed in satisfaction of the rules of both FinCEN and the Supervisory Agencies. The estimated burden per form is 30 minutes; the hourly burden does not attempt to allocate that time between agencies when the form is filed in satisfaction of the rules of more than one agency.
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OCC: 30,160 hours. OTS: 1,041 hours. Board: 7,000 hours. FDIC: 3,250 hours. NCUA: 2,100 hours.
An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Records required to be retained under the Bank Secrecy Act and these regulations issued by the Supervisory Agencies must be retained for five years. Generally, information collected pursuant to the Bank Secrecy Act is confidential, but may be shared as provided by law with regulatory and law enforcement authorities.
REQUEST FOR COMMENTS: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology, and (e) estimates of capital or start-up costs and costs of operation, maintenance and purchase of services to provide information.
Dated: September 13, 1999. James F. Sloan, Director, Financial Crimes Enforcement Network.
Dated: September 8, 1999. Karen Solomon, Director, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency. John E. Werner, Director, Information Management and Services Office of Thrift Supervision.
Dated: September 14, 1999. Jennifer J. Johnson, Secretary, Board of Governors of the Federal Reserve System, 20th and Constitution Ave., N.W., Washington, DC 20551.
Dated: August 19, 1999. Robert E. Feldman, Executive Secretary, Federal Deposit Insurance Corporation.
By the National Credit Union. Administration Board on September 2, 1999. Becky Baker, Secretary of the Board. BILLING CODE 4820-03-P
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[FR Doc. 99-25123 Filed 9-27-99; 8:45 am] BILLING CODE 4820-03-C