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FDIC Federal Register Citations


[Federal Register: September 28, 1999 (Volume 64, Number 187)]
[Notices]
[Page 52363-52370]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28se99-122]

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DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network
Office of the Comptroller of the Currency
Office of Thrift Supervision

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION

NATIONAL CREDIT UNION ADMINISTRATION


Agency Information Collection Activities; Proposed Collection;
Comment Request; Suspicious Activity Report

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
REGS.COMMENTS@OCC.TREAS.GOV.
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

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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.<SUP>1</SUP>
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\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).
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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.<SUP>2</SUP>
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\2\ Respondents represent many of the same institutions
responding to the Supervisory Agencies.
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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.<SUP>3</SUP>
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\3\ Only one form is filed in satisfaction of the rules of both
FinCEN and the Supervisory Agencies. The estimated burden per form
is 30 minutes; the hourly burden does not attempt to allocate that
time between agencies when the form is filed in satisfaction of the
rules of more than one agency.

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[[Page 52365]]

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

Last Updated 09/28/1999 regs@fdic.gov