4636 Federal Register / Vol. 71, No. 18 / Friday, January 27, 2006 / Notices 

1Although KBN indicated that this transaction 

would be consummated no earlier than 7 days after 

the filing of its notice of exemption, DN, in STB 

Finance Docket No. 34816, indicated that the lease 

and operating agreement would not be 

consummated until January 18, 2006 (7 days after 

DN filed a correction to its notice of exemption). 

2By letter received on January 11, 2006, DN 

corrected its verified notice to reflect the mileposts 

listed herein. 

1Language expanding the scope of the Bank 

Secrecy Act to intelligence or counter-intelligence 

activities to protect against international terrorism 

was added by section 358 of the Uniting and 

Strengthening America by Providing Appropriate 

Tools Required to Intercept and Obstruct Terrorism 

(USA PATRIOT ACT) Act of 2001 (the ‘‘USA Patriot 

Act’’), Pub. L. 107–56. 

The transaction was scheduled to be 

consummated on or after January 18, 

2006.1

This transaction is related to a 

concurrently filed verified notice of 

exemption in STB Finance Docket No. 

34816, Dakota Northern Railroad, Inc.—

Lease and Operation Exemption—BNSF 

Railway Company. In that proceeding, 

DN seeks to acquire by lease from BNSF 

Railway Company (BNSF) and operate 

approximately 69.79 miles of rail line in 

Walsh and Pembina Counties, ND, 

specifically: (1) The entire BNSF 

Walhalla Subdivision, between milepost 

0.0 near Grafton, ND, and the end of the 

line at milepost 48.38, near Walhalla, 

ND, a distance of approximately 48.38 

miles; and (2) a portion of BNSF’s 

Glasston Subdivision, between the 

clearance point of the turnout located at 

milepost 38.79, near Grafton, ND, and 

the end of the line at milepost 60.20, 

near Glasston, ND, a distance of 

approximately 21.41 miles.2

KBN is a noncarrier that currently 

controls two Class III rail carriers: The 

Minnesota Northern Railroad, Inc. 

(MNR), and St. Croix Valley Railroad 

Company (SCVR). DN will operate 

wholly within North Dakota. MNR and 

SCVR presently operate wholly within 

Minnesota. 

KBN states that: (1) The rail lines 

operated by MNR and SCVR do not 

connect with the rail lines being leased 

by DN; (2) the continuance in control is 

not part of a series of anticipated 

transactions that would connect the rail 

lines of MNR, SCVR and DN with each 

other or with any railroads in their 

corporate family; and (3) neither DN nor 

any of the carriers controlled by KBN 

are Class I or Class II rail carriers. 

Therefore, the transaction is exempt 

from the prior approval requirements of 

49 U.S.C. 11323. See 49 CFR 

1180.2(d)(2). The purpose of the 

transaction is to achieve operating 

economies, to improve rail service to the 

public, and to improve the financial 

viability of the commonly controlled 

rail carriers. 

Under 49 U.S.C. 10502(g), the Board 

may not use its exemption authority to 

relieve a rail carrier of its statutory 

obligation to protect the interests of its 

employees. Section 11326(c), however, 

does not provide for labor protection for 

transactions under sections 11324 and 

11325 that involve only Class III rail 

carriers. Accordingly, the Board may not 

impose labor protective conditions here, 

because all of the carriers involved are 

Class III carriers. 

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. 34817, 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 Thomas F. 

McFarland, Thomas F. McFarland, P.C., 

208 South LaSalle Street, Suite 1890, 

Chicago, IL 60604. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: January 23, 2006. 

By the Board, David M. Konschnik, 

Director, Office of Proceedings. 

Vernon A. Williams, 

Secretary. 

[FR Doc. E6–1033 Filed 1–26–06; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement 

Network; Proposed Collection; 

Comment Request; Suspicious Activity 

Report by Casinos and Card Clubs 

AGENCY: Financial Crimes Enforcement 

Network. 

ACTION: Notice and request for 

comments. 

SUMMARY: As part of its continuing effort 

to reduce paperwork and respondent 

burden, the Financial Crimes 

Enforcement Network invites comment 

on a proposed information collection 

contained in a revised form, 

‘‘Suspicious Activity Report by Casinos 

and Card Clubs, Financial Crimes 

Enforcement Network Form 102.’’ The 

form will be used by casinos and card 

clubs to report suspicious activity to the 

Department of the Treasury. 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 

March 28, 2006. 

ADDRESSES: Written comments should 

be submitted to: Financial Crimes 

Enforcement Network, Department of 

the Treasury, P.O. Box 39, Vienna, 

Virginia 22183, Attention: Paperwork 

Reduction Act Comments—Suspicious 

Activity Report by Casinos Form. 

Comments also may be submitted by 

electronic mail to the following Internet 

address: regcomments@fincen.treas.gov, 

again with a caption, in the body of the 

text, ‘‘Attention: Paperwork Reduction 

Act Comments—Suspicious Activity 

Report by Casinos Form.’’

Inspection of comments. Comments 

may be inspected, between 10 a.m. and 

4 p.m., in the Financial Crimes 

Enforcement Network 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: 

Regulatory Policy and Programs 

Division, at (800) 949–2732. 

SUPPLEMENTARY INFORMATION: 

Title: Suspicious Activity Report by 

Casinos and Card Clubs. 

OMB Number: 1506–0006. 

Form Number: Financial Crimes 

Enforcement Network Form 102. 

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. 

5311–5331, authorizes the Secretary of 

the Treasury, inter alia, to require 

financial institutions to keep records 

and file 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, and to 

implement counter-money laundering 

programs and compliance procedures.1

Regulations implementing Title II of the 

Bank Secrecy Act appear at 31 CFR Part 

103. The authority of the Secretary of 

the Treasury to administer the Bank 

Secrecy Act has been delegated to the 

Director of the Financial Crimes 

Enforcement Network. 

The Secretary of the Treasury was 

granted authority in 1992, with the 

enactment of 31 U.S.C. 5318(g), to 

require financial institutions to report 

suspicious transactions. 

The information collected on this 

revised form is required to be provided 

pursuant to 31 U.S.C. 5318(g) and 31 

CFR 103.21. This information will be 


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made available, in accordance with 

strict safeguards, to appropriate criminal 

law enforcement and regulatory 

personnel for use in official 

performance of their duties, for 

regulatory purposes and in 

investigations and proceedings 

involving domestic and international 

money laundering, tax violations, fraud, 

and other financial crimes. 

Reports filed by casinos required to 

report suspicious transactions under 31 

CFR 103.21, and any reports filed 

voluntarily by casinos or card clubs will 

be subject to the protection from 

liability contained in 31 U.S.C. 

5318(g)(3) and the provision contained 

in 31 U.S.C. 5318(g)(2) which prohibits 

notification of any person involved in 

the transaction that a suspicious activity 

report has been filed. 

A number of minor changes are being 

made to the current Suspicious Activity 

Report by Casinos to clarify and shorten 

the form. Item 1 is revised by adding a 

new box 1(a) to indicate if the 

Suspicious Activity Report by Casinos is 

an updated report and by adding a new 

box 1(b) to indicate if the report is a 

jointly filed report. Part III, Law 

Enforcement or Regulatory Contact 

Information, has been deleted, and the 

remaining parts of the form have been 

renumbered accordingly. Information 

about law enforcement or regulatory 

contacts should be entered in 

renumbered Part V, Suspicious Activity 

Information—Narrative, as explained in 

the revised instructions to that part. 

Renumbered Part III, Reporting Casino 

or Card Club Information, has been 

revised to record information about a 

joint filing. Renumbered Part IV, 

Contact for Assistance, has been revised 

so that it no longer requires the name 

and title of the filer. A number of minor 

editorial changes have also been made 

to the instructions to the form, 

including explaining how to complete 

critical fields when information is not 

known and updating the Post Office box 

number to use when filing the form by 

mail. 

The draft revised Suspicious Activity 

Report by Casinos is presented only for 

purposes of soliciting public comment 

on the form. The draft form should not 

be used at this time to report suspicious 

activity. A final version of the form will 

be made available at a later date. 

Type of Review: Revision of a 

currently approved information 

collection. 

Affected Public: Business or other forprofit institutions. 

Frequency: As required. 

Estimated Burden: Reporting average 

of 45 minutes per response. This burden 

relates to the completion of the form. 

The recordkeeping burden of 31 CFR 

103.21 is reflected in the final rule 

requiring casinos and card clubs to file 

reports of suspicious activity. 

Estimated Number of Respondents: 

600. 

Estimated Total Annual Responses: 

6,100. 

Estimated Total Annual Burden 

Hours: 4,575 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 Office of Management 

and Budget control number. Records 

required to be retained under the Bank 

Secrecy Act must be retained for five 

years. 

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 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: January 20, 2006. 

William J. Fox, 

Director, Financial Crimes Enforcement 

Network. 

Attachment: Suspicious Activity Report 

by Casinos 

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[FR Doc. 06–784 Filed 1–26–06; 8:45 am] 

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