77316 Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Notices 

1 IOCR currently operates over the rail line. IORY 

and IOCR are both subsidiaries of RailAmerica, Inc., 

and will coordinate operations over the line once 

IOCR begins operations pursuant to these trackage 

rights.

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: December 20, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–28176 Filed 12–23–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board 

[STB Finance Docket No. 34629] 

Indiana & Ohio Railway Company—

Trackage Rights Exemption—West 

Central Ohio Port Authority and 

Indiana & Ohio Central Railroad, Inc. 

Pursuant to a written trackage rights 

agreement dated October 16, 2004, the 

Indiana & Ohio Central Railroad, Inc. 

(IOCR), as operator, and West Central 

Ohio Port Authority (WESTCO PA), as 

owner, have agreed to grant overhead 

trackage rights to Indiana & Ohio 

Railway Company (IORY), between 

milepost 202.7 near Springfield, OH, 

and milepost 229.83 at Fayne, OH, a 

distance of approximately 27.13 miles.1

The parties state that consummation 

of the transaction was scheduled to 

occur on or shortly after December 15, 

2004. 

The involved trackage rights will 

enable IORY to enhance service for 

certain shippers and provide more 

efficient and economical routings and 

service for this traffic. 

As a condition to this exemption, any 

employees affected by the trackage 

rights will be protected by the 

conditions imposed in Norfolk and 

Western Ry. Co.—Trackage Rights—BN, 

354 I.C.C. 605 (1978), as modified in 

Mendocino Coast Ry., Inc.—Lease and 

Operate, 360 I.C.C. 653 (1980). 

This notice is filed under 49 CFR 

1180.2(d)(7). If the 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. 34629, must be filed with 

the Surface Transportation Board, 1925 

K Street, NW., Washington, DC 20423–

0001. In addition, a copy of each 

pleading must be served on Louis E. 

Gitomer, Ball Janik LLP, 1455 F Street, 

NW., Suite 225, Washington, DC 20005. 

Board decisions and notices are 

available on our Web site at http://

www.stb.dot.gov.

Decided: December 17, 2004.

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary.

[FR Doc. 04–28175 Filed 12–23–04; 8:45 am] 

BILLING CODE 4915–01–P

DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement Network 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Designation of 

Exempt Person Form

AGENCY: Financial Crimes Enforcement 

Network (‘‘FinCEN’’), Treasury.

ACTION: Notice and request for 

comments. 

SUMMARY: FinCEN, a bureau of the U.S. 

Department of the Treasury 

(‘‘Treasury’’), invites all interested 

parties to comment on its continuing 

collection of information through its 

‘‘Designation of Exempt Person’’ form 

that is used by banks and other 

depository institutions to designate their 

eligible customers as exempt from the 

requirement to report transactions in 

currency over $10,000.

DATES: Written comments should be 

received on or before February 25, 2005.

ADDRESSES: Direct all written comments 

to: Office of Chief Counsel, Financial 

Crimes Enforcement Network, U.S. 

Department of the Treasury, P.O. Box 

39, Vienna, VA 22183, Attention: PRA 

Comments—Designation of Exempt 

Person form. 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: PRA Comments—

Designation of Exempt Person Form.’’

FOR FURTHER INFORMATION CONTACT:

Requests for additional information or 

for a copy of the form should be 

directed to Russell Stephenson, Senior 

Compliance Administration Specialist, 

Office of Regulatory Policy (RP), 

Regulatory Policy and Programs 

Division (RPP), (202) 354–6400, or 

Albert R. Zarate, Senior Regulatory 

Counsel, Office of Chief Counsel, 

FinCEN, (703) 905–3590.

SUPPLEMENTARY INFORMATION: Pursuant 

to the Paperwork Reduction Act of 1995, 

Pub. L. 104–13 (44 U.S.C. 3506(c)(2)(A)), 

FinCEN is soliciting comments on the 

collection of information described 

below. 

Title: Designation of Exempt Person. 

OMB Number: 1506–0012. 

Form Number: FinCEN Form 110 

(Formerly TD F 90–22–53). 

Abstract: The Bank Secrecy Act, 

Titles I and II of Pub. L. 91–508, as 

amended, codified at 12 U.S.C. 1829b, 

12 U.S.C. 1951–1959, and 31 U.S.C. 

5311–5314; 5316–5332, authorizes the 

Secretary of the Treasury, among other 

things, to issue regulations requiring 

records and reports that are determined 

to have a high degree of usefulness in 

criminal, tax, and regulatory matters. 

Regulations implementing Title II of the 

Bank Secrecy Act (codified at 31 U.S.C. 

5311–5314; 5316–5332) appear at 31 

CFR Part 103. The authority of the 

Secretary to administer Title II of the 

Bank Secrecy Act has been delegated to 

the Director of FinCEN. 

The reporting by financial institutions 

of transactions in currency in excess of 

$10,000 has long been a major 

component of the Treasury’s 

implementation of the Bank Secrecy 

Act. The reporting requirement is 

imposed by 31 CFR 103.22, a rule issued 

under the broad authority granted to the 

Secretary of the Treasury by 31 U.S.C. 

5313(a) to require reports of domestic 

coins and currency transactions. 

The Money Laundering Suppression 

Act of 1994, Title IV of the Riegle 

Community Development and 

Regulatory Improvement Act (Pub. L. 

103–325) amended 31 U.S.C. 5313. The 

statutory amendments mandate 

exemptions from currency transaction 

reporting in the case of customers that 

are other banks, certain governmental 

entities, or businesses for which 

reporting would serve little or no law 

enforcement purpose. The amendments 

also authorize Treasury to exempt 

certain other businesses. 

On September 8, 1997, and September 

30, 1998, Treasury issued final rules 

regarding these statutory amendments 

(62 FR 47141 and 63 FR 50147, 

respectively). The final rules reform and 

simplify the process by which banks 

may exempt eligible customers. The 

final rules, as further amended by 65 FR 

46356, are set forth at 31 CFR 103.22(d). 

Under the simplified exemption rules, 

a key requirement is a ‘‘designation’’

sent to the Treasury indicating that a 

customer will be treated by the bank as 

an exempt person, so that no further 

currency transaction reports will be 

filed on the customer’s cash transactions 

exceeding $10,000. As part of the 

Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Notices 77317

simplification process, Treasury 

previously issued a form specifically for 

making that designation.

The information collected on the 

form, Designation of Exempt Person, 

FinCEN Form 110 (Formerly TD F 90–

22.53), is required to exempt bank 

customers from currency transaction 

reporting. The information is used to 

help determine whether a bank has 

properly exempted its customers. The 

collection of information is mandatory. 

The draft revisions to the current form 

simplify some of the data elements on 

the form based on information from the 

federal regulators and questions 

received on the FinCEN Helpline. The 

instructions have been expanded and 

clarified to provide additional guidance 

for correctly completing the form. The 

section on the biennial renewal has 

been clarified so that the certification 

for suspicious activity monitoring 

indicates that the certification is being 

made on behalf of the filer and any 

applicable bank subsidiaries. The form 

has been renumbered to conform to the 

FinCEN form numbering system. 

Type of Review: Revision of currently 

approved collection. 

Affected Public: Business or other forprofit institutions. 

Frequency: As required. 

Estimated Number of Respondents:

19,000. 

Estimated Total Annual Responses:

85,000. 

Estimated Total Annual Burden 

Hours: 106,250 hours. (Reporting 

average of 15 minutes per response; 

recordkeeping average of 1 hour per 

response). 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for Office of Management and 

Budget approval. All comments will 

become a matter of public record. 

Comments are invited on: (a) Whether 

the collection of information is 

necessary for the proper performance of 

the agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden collection of information; 

(c) ways to enhance 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: December 15, 2004. 

William J. Fox, 

Director, Financial Crimes Enforcement 

Network.

Atch: Revised (draft) Designation of 

Exempt Person form. 

BILLING CODE 4820–02–P

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[FR Doc. 04–28146 Filed 12–23–04; 8:45 am] 

BILLING CODE 4820–02–C


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