federal register /vol. 69, no. 69/friday, april 9, 2004 ... · shipment, mailing, or receipt,...

18999 Federal Register / Vol. 69, No. 69 / Friday, April 9, 2004 / Notices

1 Mendocino is a California corporation formed for the purpose of acquiring and operating CWR. It is a wholly owned subsidiary of Sierra Railroad Company (SRC).

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[STB Finance Docket No. 34465]

Mendocino Railway—Acquisition Exemption—Assets of the California Western Railroad

Mendocino Railway (Mendocino), a noncarrier, has filed a verified notice of exemption under 49 CFR 1150.31 to acquire, through California Western Railroad’s (CWR) trustee in bankruptcy and with the approval of the Bankruptcy Court for the Northern District of California, the rail assets of CWR.1 The assets consist of all rail lines owned by CWR between milepost 0 and milepost 40. Mendocino states that, on February 11, 2004, the sale of CWR’s assets was authorized by order of the Bankruptcy Court and that CWR’s trustee was authorized to sell the railroad assets of CWR to SRC.

Mendocino intends initially to operate CWR with the help of Mendocino’s affiliated entities: Sierra Northern Railway (a Class III rail carrier), Midland Railroad Enterprises Corporation (a railroad construction and track maintenance company), and Sierra Entertainment (a tourism, entertainment, and passenger operations company). Mendocino states that it is negotiating an agreement with Hawthorne Timber Company, LLC (Hawthorne) for the transfer to Mendocino of Hawthorne’s fee interest in the real property underlying CWR’s tracks. Mendocino anticipates completing the acquisition by mid March 2004 and to begin operations on or about May 1, 2004.

Mendocino certifies that its projected revenues as a result of this transaction do not exceed $5 million per year and do not exceed those that would qualify it as a Class III rail carrier.

If the verified notice contains false or misleading information, the exemption is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) may be filed at any time. The filing of a petition to revoke will not automatically stay the transaction.

An original and 10 copies of all pleadings, referring to STB Finance Docket No. 34465, must be filed with the Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423– 0001. In addition, one copy of each pleading must be served on Torgny Nilsson, General Counsel, 341 Industrial Way, Woodland, CA 95776.

Board decisions and notices are available on the Board’s Web site at www.stb.dot.gov.

Decided: April 2, 2004. By the Board, David M. Konschnik,

Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. 04–8082 Filed 4–8–04; 8:45 am] BILLING CODE 4915–01–P

DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network; Proposed Collection; Comment Request; Report of International Transportation of Currency or Monetary Instruments— Accompanied by an Individual, FinCEN Form 105 (CMIR Form 105), and Report of International Transportation of Currency or Monetary Instruments— Shipment, Mailing, or Receipt, FinCEN Form 106 (CMIR Form 106)

AGENCY: Financial Crimes Enforcement Network (‘‘FinCEN’’), Treasury. ACTION: Notice and request for comments.

SUMMARY: As part of its continuing effort to reduce paperwork and respondent burden, FinCEN invites comment on a proposed information collection contained in the Report of International Transportation of Currency or Monetary Instruments (‘‘CMIR’’), which is being separated into two forms, as explained below. As a result of this change, individuals who accompany the transportation of more than $10,000 in currency or other monetary instruments into or from the United States will use the Report of International Transportation of Currency or Monetary Instruments—Accompanied by an Individual (revised FinCEN Form 105). Persons that mail, ship, or receive more than $10,000 in currency or other monetary instruments into or from the United States will use the Report of International Transportation of Currency or Monetary Instruments— Shipment, Mailing, or Receipt (new FinCEN Form 106). This request for comments is being made pursuant to the Paperwork Reduction Act of 1995, Public Law 104–13, 44 U.S.C. 3506(c)(2)(A). DATES: Written comments are welcome and must be received on or before June 8, 2004. ADDRESSES: Written comments should be submitted to: Office of Chief Counsel, Financial Crimes Enforcement Network, Department of the Treasury, P.O. Box 39, Vienna, Virginia 22183, Attention:

PRA Comments—CMIR-Forms 105 and 106. Comments also may be submitted by electronic mail to the following Internet address: [email protected], again with a caption, in the body of the text, ‘‘Attention: PRA Comments—CMIR- Forms 105 and 106.’’

Inspection of comments. Comments may be inspected, between 10 a.m. and 4 p.m., in the FinCEN reading room in Washington, DC. Persons wishing to inspect the comments submitted must request an appointment by telephoning (202) 354–6400. FOR FURTHER INFORMATION CONTACT: Daniel Haley, Regulatory Compliance Program Specialist, Office of Regulatory Programs, FinCEN, at (202) 354–6400, and Cynthia Clark, Office of Chief Counsel, FinCEN, at (703) 905–3590. SUPPLEMENTARY INFORMATION:

Title: Report of International Transportation of Currency or Monetary Instruments—Accompanied by an Individual, and Report of International Transportation of Currency or Monetary Instruments—Shipment, Mailing, or Receipt.

OMB Number: 1506–0014—FinCEN Form 105 (an OMB number for FinCEN Form 106 has not yet been assigned).

Form Number: FinCEN Form 105 and FinCEN Form 106 respectively.

Abstract: The statute generally referred to as the ‘‘Bank Secrecy Act,’’ Titles I and II of Public Law 91–508, as amended, codified at 12 U.S.C. 1829b, 12 U.S.C. 1951–1959, and 31 U.S.C. 5311–5332, authorizes the Secretary of the Treasury, inter alia, to issue regulations requiring records and reports that are determined to have a high degree of usefulness in criminal, tax, and regulatory matters, or in the conduct of intelligence or counter- intelligence activities, to protect against international terrorism. Regulations implementing Title II of the Bank Secrecy Act (codified at 31 U.S.C. 5311– 5332) appear at 31 CFR part 103. The authority of the Secretary to administer the Bank Secrecy Act has been delegated to the Director of FinCEN.

The Bank Secrecy Act specifically states that ‘‘a person or an agent or bailee of the person shall file a report * * * when the person, agent, or bailee knowingly—(1) transports, is about to transport, or has transported, monetary instruments of more than $10,000 at one time—(A) from a place in the United States to or through a place outside the United States; or (B) to a place in the United States from or through a place outside the United States; or (2) receives monetary instruments of more than $10,000 at one time transported into the

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United States from or through a place outside the United States.’’ 31 U.S.C. 5316(a). The requirement of 31 U.S.C. 5316(a) has been implemented through regulations promulgated at 31 CFR 103.23 and through the instructions to the CMIR.

Information collected on the CMIR is made available, in accordance with strict safeguards, to appropriate law enforcement and regulatory personnel in the official performance of their duties. The information collected is of use in investigations involving international and domestic money laundering, tax evasion, fraud, and other financial crimes.

Current Actions: The current CMIR is being separated into two forms—revised FinCEN Form 105 for currency and other monetary instruments accompanied by an individual, and new FinCEN Form 106 for currency and other monetary instruments that are shipped, mailed, or received. FinCEN believes that the use of separate forms will make it easier for individuals departing or entering the United States to complete the CMIR.

In addition, minor changes are made to the information that is collected on the CMIR. FinCEN Form 105 includes new items for the individual’s occupation and telephone number and the reason for transporting the currency or monetary instruments. Similarly, FinCEN Form 106 includes new items asking for the telephone number of the sender and the reason for the shipment. Both forms include an item about the recipient of the currency or monetary instruments and revise the section about the currency or monetary instruments to provide more space and a standardized

format for the information. The instructions to both forms provide more detailed guidance on how to fill out the form.

The draft FinCEN Form 105 and FinCEN Form 106 are presented only for purposes of soliciting public comment. These draft forms should not be used at this time to report the transportation of currency or other monetary instruments. A final version of each form will be made available at a later date. Until that time, the current version of FinCEN Form 105 should continue to be used by all persons required to file a CMIR whether or not they accompany the transportation of the currency or monetary instruments.

Type of Review: Revision of currently approved collection into two separate reports.

Affected public: Individuals, business or other for-profit institutions, and not- for-profit institutions.

Frequency: As required. Estimated Burden: Reporting average

of 15 minutes per response for each form.

Estimated number of respondents: 165,000 for FinCEN Form 105.

Estimated number of respondents: 15,000 for FinCEN Form 106.

Estimated Total Annual Burden Hours: 41,250 hours for FinCEN Form 105.

Estimated Total Annual Burden Hours: 3,750 hours for FinCEN Form 106.

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 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: March 31, 2004. William J. Fox, Director, Financial Crimes Enforcement Network.

Attachments: Report of International Transportation of Currency or Monetary Instruments ‘‘ Accompanied by an Individual, FinCEN Form 105 (CMIR- Form 105) and Report of International Transportation of Currency or Monetary Instruments—Shipment, Mailing, or Receipt, FinCEN Form 106 (CMIR-Form 106). BILLING CODE 4810–02–P



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[FR Doc. 04–8028 Filed 4–8–04; 8:45 am] BILLING CODE 4810–02–C

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the Currency

Office of Thrift Supervision

FEDERAL RESERVE SYSTEM

FEDERAL DEPOSIT INSURANCE CORPORATION

Agency Information Collection Activities: Submission for OMB Review; Comment Request

AGENCIES: Office of the Comptroller of the Currency (OCC), Treasury; Board of Governors of the Federal Reserve System (Board); Federal Deposit Insurance Corporation (FDIC); and Office of Thrift Supervision (OTS), Treasury. ACTION: Submission for OMB review; comment request.

SUMMARY: The OCC, Board, FDIC, and OTS (collectively, the Agencies), as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to comment on a continuing information collection, as required by the Paperwork Reduction Act of 1995 (PRA). The Agencies may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number. Currently, the OCC, FDIC, and OTS are soliciting comment concerning an extension of OMB approval of the information collections contained in their respective Consumer Protections for Depository Institution Sales of Insurance regulations. The Board has approved this information collection under its delegated authority from OMB. DATES: Comments should be submitted by May 10, 2004. ADDRESSES: Comments should be directed to the Agencies and the OMB Desk Officer for the Agencies as follows:

OCC: Office of the Comptroller of the Currency, Public Information Room, 250 E Street, SW., Mail Stop 1–5, Attention: 1557–0220, Washington, DC 20219. Due to delays in delivery of paper mail in the Washington area, commenters are encouraged to submit comments by fax or electronic mail. Comments may be sent by fax to (202) 874–4448, or by electronic mail to [email protected]. You can

inspect and photocopy comments at the OCC’s Public Information Room. You can make an appointment to inspect the comments by calling (202) 874–5043.

Board: Written 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. However, because paper mail in the Washington area and at the Board of Governors is subject to delay, please consider submitting your comments by electronic mail to [email protected], or faxing them to the Office of the Secretary at (202) 452–3819 or (202) 452–3102. Members of the public may inspect comments in Room M-P–500 between 9 a.m. and 5 p.m. on weekdays pursuant to 261.12, except as provided in 261.14, of the Board’s Rules Regarding Availability of Information, 12 CFR 261.12 and 261.14.

FDIC: Steven F. Hanft, Paperwork Clearance Officer, Legal Division, Room MB–3064, 550 17th Street, NW., Washington, DC 20429. All comments should refer to ‘‘Insurance Sales Consumer Protections, 3064–0140.’’ You may also hand-deliver comments 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., or fax comments to (202) 898– 3838.

OTS: Information Collection Comments, Chief Counsel’s Office, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552, Attention: 1550–0106, Fax number (202) 906–6518, or e-mail to [email protected]. OTS will post comments and the related index on the OTS Internet site at www.ots.treas.gov. In addition, interested persons may inspect comments at the Public Reading Room, 1700 G Street, NW., by appointment. To make an appointment, call (202) 906– 5922, send an e-mail to [email protected], or send a facsimile transmission to (202) 906– 7755.

OMB Desk Officer for the Agencies: Mark Menchik, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503, or e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: You may request additional information or a copy of the collection and supporting documentation submitted to OMB by contacting:

OCC: John Ference or Camille Dixon, (202) 874–5090, Legislative and

Regulatory Activities Division, Office of the Comptroller of the Currency, 250 E Street, SW., Washington, DC 20219.

Board: Michelle Long, Acting Federal Reserve Board Clearance Officer, (202) 452–3829, Division of Research and Statistics, Board of Governors of the Federal Reserve System, 20th and C Streets, NW., M/S 41, Washington, DC 20551.

FDIC: Steven F. Hanft, Paperwork Clearance Officer, (202) 898–3907, Legal Division, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429.

OTS: Marilyn K. Burton, OTS Clearance Officer, (202) 906–6467, Office of Thrift Supervision, 1700 G Street, NW., Washington, DC 20552. SUPPLEMENTARY INFORMATION: The agencies are proposing to extend OMB approval of the following information collections:

Titles: OCC: Consumer Protections for

Depository Institution Sales of Insurance—12 CFR 14.

Board: Disclosure Requirements in Connection With Regulation H (Consumer Protections in Sales of Insurance).

FDIC: Insurance Sales Consumer Protections.

OTS: Consumer Protections for Depository Sales of Insurance.

OMB Control Numbers: OCC: 1557–0220. Board: 7100–0298. FDIC: 3064–0140. OTS: 1550–0106. Type of Review: Extension, without

revision, of a currently approved collection.

Form Number: None. Description: This submission covers

an extension of the Agencies’ currently approved information collections in their regulations (12 CFR part 14 (OCC), 12 CFR part 208 (Board), 12 CFR part 343 (FDIC), and 12 CFR part 536 (OTS)). This submission involves no change to the regulations or to the information collections embodied in the regulations.

The information collections contained in the regulations are as follows:

Covered persons must make insurance disclosures before the completion of the initial sale of an insurance product or annuity to a consumer. The disclosure must be made orally and in writing to the consumer that: (1) The insurance product or annuity is not a deposit or other obligation of, or guaranteed by, the financial institution or an affiliate of the financial institution; (2) the insurance product or annuity is not insured by the FDIC or any other agency of the United States, the financial institution, or (if applicable) an affiliate of the financial


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