Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices 1489

1The Board will grant a stay if an informed

decision on environmental issues (whether raised

by a party or by the Board’s Section of

Environmental Analysis in its independent

investigation) cannot be made before the

exemption’s effective date. See Exemption of Outof-Service Rail Lines, 5 I.C.C. 2d 377 (1989). Any

request for a stay should be filed as soon as possible

so that the Board may take appropriate action before

the exemption’s effective date.

2See Exempt. of Rail Abandonment—Offers of

Finan. Assist., 4 I.C.C. 2d 164 (1987).

3The Board will accept late-filed trail use

requests as long as the abandonment has not been

consummated and the abandoning railroad is

willing to negotiate an agreement.

at Poseyville, IN, and milepost 244.7 at

Evansville, IN; and (2) between milepost

B–204.3 and milepost B–205 at Browns,

IL.

The transaction was expected to be

consummated on or after the December

30, 1996 effective date of the exemption.

If the verified notice contains false or

misleading information, the exemption

is void ab initio. Petitions to reopen the

proceeding to revoke the exemption

under 49 U.S.C. 10502(d) may be filed

at any time. The filing of a petition to

reopen will not automatically stay the

transaction.

An original and 10 copies of all

pleadings, referring to STB Finance

Docket No. 33331, must be filed with

the Office of the Secretary, Surface

Transportation Board, Case Control

Branch, 1201 Constitution Avenue,

NW., Washington, DC 20423. In

addition, a copy of each pleading must

be served on Andrew P. Goldstein, Esq.,

McCarthy, Sweeney & Harkaway, P.C.,

Suite 1105, 1750 Pennsylvania Avenue,

NW., Washington, DC 20006.

Decided: January 3, 1997.

By the board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–625 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

[STB Docket No. AB–55 (Sub-No. 538X)]

CSX Transportation, Inc.;

Abandonment Exemption; in Fayette

and Nicholas Counties, WV

CSX Transportation, Inc. (CSXT) has

filed a notice of exemption under 49

CFR 1152 Subpart F—Exempt

Abandonments to abandon

approximately 15.27 miles of its line of

railroad between milepost CAF–43.7,

Valuation Station 1240+00, at Russ

Junction and milepost CAF–58.97,

Valuation Station 436+00, at Peters

Junction, in Fayette and Nicholas

Counties, WV.

CSXT has certified that: (1) No local

traffic has moved over the line for at

least 2 years; (2) there is no overhead

traffic on the line; (3) no formal

complaint filed by a user of rail service

on the line (or by a state or local

government entity acting on behalf of

such user) regarding cessation of service

over the line either is pending with the

Surface Transportation Board (Board) or

with any U.S. District Court or has been

decided in favor of complainant within

the 2-year period; and (4) the

requirements at 49 CFR 1105.7

(environmental reports), 49 CFR 1105.8

(historic reports), 49 CFR 1105.11

(transmittal letter), 49 CFR 1105.12

(newspaper publication), and 49 CFR

1152.50(d)(1) (notice to governmental

agencies) have been met.

As a condition to this exemption, any

employee adversely affected by the

abandonment shall be protected under

Oregon Short Line R. Co.—

Abandonment—Goshen, 360 I.C.C. 91

(1979). To address whether this

condition adequately protects affected

employees, a petition for partial

revocation under 49 U.S.C. 10502(d)

must be filed.

Provided no formal expression of

intent to file an offer of financial

assistance (OFA) has been received, this

exemption will be effective on February

9, 1997, unless stayed pending

reconsideration. Petitions to stay that do

not involve environmental issues, 1

formal expressions of intent to file an

OFA under 49 CFR 1152.27(c)(2), 2 and

trail use/rail banking requests under 49

CFR 1152.29 3 must be filed by January

21, 1997. Petitions to reopen or requests

for public use conditions under 49 CFR

1152.28 must be filed by January 30,

1997, with: Office of the Secretary, Case

Control Branch, Surface Transportation

Board, 1201 Constitution Avenue, N.W.,

Washington, DC 20423.

A copy of any petition filed with the

Board should be sent to applicant’s

representative: Charles M. Rosenberger,

Senior Counsel, 500 Water Street, J150,

Jacksonville, FL 32202.

If the verified notice contains false or

misleading information, the exemption

is void ab initio.

CSXT has filed an environmental

report which addresses the

abandonment’s effects, if any, on the

environment and historic resources. The

Section of Environmental Analysis

(SEA) will issue an environmental

assessment (EA) by January 15, 1997.

Interested persons may obtain a copy of

the EA by writing to SEA (Room 3219,

Surface Transportation Board,

Washington, DC 20423) or by calling

Elaine Kaiser, Chief of SEA, at (202)

927–6248. Comments on environmental

and historic preservation matters must

be filed within 15 days after the EA

becomes available to the public.

Environmental, historic preservation,

public use, or trail use/rail banking

conditions will be imposed, where

appropriate, in a subsequent decision.

Decided: January 6, 1997.

By the board, David M. Konschnik,

Director, Office of Proceedings.

Vernon A. Williams,

Secretary.

[FR Doc. 97–630 Filed 1–9–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF THE TREASURY

Financial Crimes Enforcement

Network

Privacy Act of 1974, as Amended,

System of Records

AGENCY: Departmental Offices, Treasury.

ACTION: Notice of altered Privacy Act

system of records.

SUMMARY: In accordance with the

requirements of the Privacy Act of 1974,

as amended, 5 U.S.C. 552a, the

Financial Crimes Enforcement Network

(FinCEN), Department of the Treasury

(Treasury), gives notice of a proposed

alteration to an existing system of

records entitled the ‘‘Bank Secrecy Act

Reports File—Treasury/Customs .067’’

and its renaming and renumbering as a

Treasury-wide system of records ‘‘Bank

Secrecy Act Reports System—Treasury/

DO .213.’’ The system notice was last

published in its entirety in the Federal

Register, Volume 60, page 56776,

November 9, 1995.

DATES: Comments must be received no

later than February 10, 1997. The

system of records will be effective as of

February 19, 1997, unless comments are

received that result in a contrary

determination and notice is published

to that effect.

ADDRESSES: Written comments should

be sent to Office of Legal Counsel,

FinCEN, 2070 Chain Bridge Road, Suite

200, Vienna, VA 22182–2536, Attention:

BSA System of Records. Comments will

be made available for inspection and

copying by appointment. To make an

appointment, please contact Eileen

Dolan, Office of Legal Counsel, FinCEN,

at 703–905–3590.

FOR FURTHER INFORMATION CONTACT:

Cynthia A. Langwiser, Attorney

Advisor, Office of Legal Counsel,

FinCEN, 2070 Chain Bridge Road, Suite

200, Vienna, VA 22182–2536, (703)

905–3582.

SUPPLEMENTARY INFORMATION: The

Department of the Treasury is amending
1490 Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices

1The notice for this system of records was

published December 2, 1975 at 40 FR 56194 under

the title ‘‘Currency and Monetary Instrument

Reporting System (CMIR).’’ The title ‘‘Currency and

Monetary Instrument Reporting System (CMIR)’’

was changed to ‘‘Bank Secrecy Act Report File’’ by

notice published 48 FR 36052 (August 8, 1983),

effective October 7, 1983.

the existing Privacy Act notice for this

system of records, ‘‘Bank Secrecy Act

Reports File—Treasury/Customs .067’’1

and renaming and renumbering it as

‘‘Bank Secrecy Act Reports System—

Treasury/DO .213.’’ This alteration will

conform the notice to changes in the

designation of the system manager and

the location of the system of records as

a result of changes in organizational

responsibilities in the Department and

will more accurately describe the

categories of individuals covered by the

system, the categories of records

included in the system, and the policies

and procedures for storage, retrieval,

access, retention, and disposal of the

records. In addition, three new routine

uses for the records will be added.

Finally, for purposes of clarity, the

proposed alteration makes certain minor

editorial changes to the notice and adds

text to certain elements.

The system of records contains

information collected under the Bank

Secrecy Act (BSA), codified at 12 U.S.C.

1829b, 1951–1959 and 31 U.S.C. 5311–

5314, 5316–5330, which authorizes the

Secretary of the Treasury to issue

regulations requiring records and

reports of financial transactions that are

determined to have a high degree of

usefulness in criminal, tax, and

regulatory matters. These regulations

appear at 31 CFR Part 103. Currently,

the system of records containing the

reports required by these regulations is

a United States Customs Service Privacy

Act system of records; however, the

authority of the Secretary to administer

these regulations, including the

authority to disseminate BSA

information, was delegated by

memorandum dated May 13, 1994 to the

Director of FinCEN, an officer reporting

to the Office of the Under Secretary

(Enforcement). Therefore, it is necessary

to move this system of records from the

Privacy Act system of records inventory

maintained by the Customs Service to

the Privacy Act system of records

inventory maintained by Treasury’s

Departmental Offices and to make

conforming changes in the notice to

reflect the authority of FinCEN’s

Director over this system of records.

In addition, three new routine uses for

the records contained in this system are

proposed. The first proposed new

routine use, which will be added as

routine use (3), will permit disclosure,

by electronic means, to Federal and

State criminal law enforcement

agencies, of information to identify or

permit the identification of patterns of

suspected illegal activity occurring

within their areas of jurisdiction. The

second proposed new routine use,

which will be added as routine use

number (4), will permit disclosure of

relevant information to any Federal or

State regulatory agency or self

regulatory organization that examines

for BSA compliance when necessary to

their supervisory or compliance

responsibilities. The third proposed

new in computer matching with

requesting Federal and State agencies

under agreements approved in

accordance with the Privacy Act. The

matches will be performed to help

eliminate waste, fraud, and abuse in

government programs by identifying

individuals who may not be eligible for

benefit programs and/or potentially in

violation of law and regulation. The

information disclosed will be limited to

those data elements relevant to the

purpose of the match. The new routine

uses, which are compatible with the

criminal and regulatory purposes for

which the information is collected,

reflect the role technology plays in

combating criminal, civil, and

regulatory violations and waste, fraud

and abuse in government programs, as

well as the increasing importance of

Federal and State cooperation in law

enforcement. Current routine use

numbers (3) through (5) will be

renumbered as routine uses (6) through

(8).

Because information in this system of

records may be retrieved by personal

identifier, the Privacy Act of 1974

requires the Treasury Department to

give general notice and seek public

comments.

The altered system of records report,

as required by 5 U.S.C. 552a(r), has been

submitted to the Committee on

Governmental Affairs of the United

States Senate, Committee on

Government Reform and Oversight of

the United States House of

Representatives, and the Office of

Management and Budget (‘‘OMB’’). See

Appendix I to OMB Circular A–130,

‘‘Federal Agency Responsibilities for

Maintaining Records About

Individuals,’’ 61 FR 6428, 6436

(February 20, 1996).

The proposed altered system of

records, renamed and renumbered as

‘‘Bank Secrecy Act Reports System—

Treasury/DO .213,’’ is republished in its

entirety below.

Dated: December 27, 1996.

Alex Rodriguez,

Deputy Assistant Secretary (Administration).

Treasury/DO .213

SYSTEM NAME:

Bank Secrecy Act Reports System—

Treasury/DO .213.

SYSTEM LOCATION:

Electronic Records: Currency and

Banking Retrieval System, Internal

Revenue Service Detroit Computing

Center, 985 Michigan Avenue, Detroit,

Michigan, 48226–1129 and Treasury

Enforcement Communications System,

United States Customs Service

Newington, 7681 Boston Boulevard,

Springfield, Virginia, 22153–3140.

Paper Records: Form 4790—U.S.

Customs Service, Newington, VA. All

other forms, including, but not limited

to, Form 4789, TDF 90.22–1 and Form

8362—Internal Revenue Service,

Detroit, MI.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Persons identified in reports required

to be filed under the Bank Secrecy Act

and its implementing regulations (31

CFR part 103) including, but not limited

to, reports made on IRS Form 4789

(Currency Transaction Report), IRS

Form 8362 (Currency Transaction

Report by Casinos), Customs Form 4790

(Report of International Transportation

of Currency or Monetary Instruments),

Treasury Form TDF 90–22.1 (Report of

Foreign Bank and Financial Accounts),

and forms filed by casinos located in the

State of Nevada in lieu of Form 8362.

(This system of records does not cover

persons identified in Suspicious

Activity Reports, TDF 90–22.47. Those

reports are included in another system

of records, ‘‘Suspicious Activity

Reporting System—Treasury/DO .212’’).

CATEGORIES OF RECORDS IN THE SYSTEM:

Reports required to be filed under the

Bank Secrecy Act and its implementing

regulations (31 CFR part 103) including,

but not limited to, reports made on IRS

Form 4789 (Currency Transaction

Report), IRS Form 8362 (Currency

Transaction Report by Casinos),

Customs Form 4790 (Report of

International Transportation of

Currency or Monetary Instruments),

Treasury Form TDF 90–22.1 (Report of

Foreign Bank and Financial Accounts),

and forms filed by casinos located in the

State of Nevada in lieu of Form 8362.

(This system does not include

Suspicious Activity Reports, TDF 90–

22.47, required under 31 CFR part 103.

Those reports are included in another
Federal Register / Vol. 62, No. 7 / Friday, January 10, 1997 / Notices 1491

system of records, ‘‘Suspicious Activity

Reporting System—Treasury/DO .212’’).

These reports include names of

individuals and other entities filing the

reports, names of the owners of

monetary instruments, the amounts and

kinds of currency or other monetary

instruments transported, reported, or in

foreign banking accounts, account

numbers, addresses, dates of birth, and

other personal identifiers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

12 U.S.C. 1829b and 1951–1959; 31

U.S.C. 5311–5314, 5316–5330; 5 U.S.C.

301; 31 CFR part 103; Treasury

Department Order No. 105–08.

PURPOSE(S):

The Bank Secrecy Act, codified at 12

U.S.C. 1829b and 1951–1959 and 31

U.S.C. 5311–5314, 5316–5330,

authorizes the Secretary of the Treasury

to issue regulations requiring records

and reports that are determined to have

a high degree of usefulness in criminal,

tax, and regulatory matters. The

Secretary’s authority has been

implemented through regulations

promulgated at 31 CFR part 103. The

purpose of this system of records is to

maintain the information contained on

the reports required under these

regulations. This information is

disseminated, both electronically and

manually, in accordance with strict

safeguards, to appropriate Federal,

State, local and foreign criminal law

enforcement and regulatory personnel

in the official performance of their

duties. The information is used in a

wide range of criminal investigations,

including, but not limited to,

investigation of international and

domestic money laundering, tax

evasion, fraud, and other financial

crimes.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSE OF SUCH USES:

These records and information in

these records may be used to:(1)

Disclose pertinent information to

appropriate Federal, State, local, or

foreign agencies responsible for

investigating or prosecuting the

violations of, or for enforcing or

implementing, a statute, rule,

regulation, order, or license, where the

disclosing agency becomes aware of an

indication of a violation or potential

violation of civil or criminal law or

regulation; (2) Disclose information to

Federal, State, or local agencies,

maintaining civil, criminal or other

relevant information, which has

requested information relevant to or

necessary to the requesting agency’s

hiring or retention of an individual, or

issuance of a security clearance, license,

contract, grant, or other benefit; (3)

Disclose to appropriate Federal, State, or

local agencies engaged in the

identification, investigation, and

prosecution of violations or potential

violations of criminal statutes,

information, in a computerized format,

to identify or to permit the

identification of patterns of suspected

criminal activity that fall within the

jurisdiction of the agency requesting the

information; (4) Disclose information to

Federal or State regulatory agencies or

self regulatory agencies responsible for

supervising compliance with the Bank

Secrecy Act, limited to information

relevant to meeting supervisory or

compliance responsibilities; (5) Disclose

relevant information on individuals to

authorized Federal and State agencies

through computer matching in order to

help eliminate waste, fraud, and abuse

in Government programs and identify

individuals who are potentially in

violation of civil law, criminal law, or

regulation; (6) Disclose information to a

court, magistrate, or administrative

tribunal in the course of presenting

evidence, including disclosures to

opposing counsel or witnesses in the

course of civil discovery, litigation, or

settlement negotiations, in response to a

subpoena, or in connection with

criminal law proceedings; (7) Provide

information to the news media, in

accordance with guidelines contained in

28 CFR 50.2, that relates to an agency’s

functions relating to civil and criminal

proceedings; and (8) Provide

information to third parties during the

course of an investigation to the extent

necessary to obtain information

pertinent to the investigation.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained in magnetic

media and on hard paper copy.

RETRIEVABILITY:

By name and other unique identifier.

SAFEGUARDS:

All persons with electronic access to

records in the system will have

successfully completed a background

investigation. All State and local agency

personnel, and all Federal personnel

outside the U.S. Department of the

Treasury with electronic access will

have successfully completed

appropriate training. Passwords and

access controls will be utilized. Signed

agreements outlining usage and

dissemination rules are required of all

non-Treasury agencies before electronic

access is authorized. Procedural and

physical safeguards include: The

logging of all queries and periodic

review of such query logs;

compartmentalization of information to

restrict access to authorized personnel;

physical protection of sensitive hard

copy documents and magnetic tapes;

encryption of electronic

communications; intruder alarms and

other security devices; and 24–hour

building guards. The system complies

with all applicable security

requirements of the Department of the

Treasury.

RETENTION AND DISPOSAL:

Indefinite.

SYSTEMS MANAGER(S) AND ADDRESS:

General Policy: Director, Financial

Crimes Enforcement Network, 2070

Chain Bridge Road, Vienna, Virginia

22182–2536

Computer Systems Maintenance and

Administration: Director, IRS

Computing Center, 985 Michigan

Avenue, Detroit, Michigan, 48226–1129

and Director, Office of Information

Technology, U.S. Customs Service

Newington, 7681 Boston Boulevard,

Springfield, Virginia, 22153–3140.

NOTIFICATION PROCEDURE:

This system is exempt from

notification requirements, record access

requirements, and requirements that an

individual be permitted to contest its

contents, pursuant to the provisions of

5 U.S.C. 552a(j)(2) and (k)(2).

RECORD ACCESS PROCEDURES:

See ‘‘Notification Procedure’’ above.

CONTESTING RECORD PROCEDURES:

See ‘‘Notification Procedure’’ above.

RECORD SOURCE CATEGORIES:

Pursuant to the provisions of 5 U.S.C.

552a(j)(2) and (k)(2), this system is

exempt from the requirement that the

record source categories be disclosed.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

This system is exempt from 5 U.S.C.

552a(c)(3), (c)(4), (d)(1), (d)(2), (d)(3),

(d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G),

(e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f) and (g)

of the Privacy Act pursuant to 5 U.S.C.

552a(j)(2) and (k)(2). See 31 CFR 1.36.

[FR Doc. 97–605 Filed 1–9–97; 8:45 am]

Billing Code: 4810–25–F