Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 10993 

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 

Act of 2001, Public Law No. 107–56. 

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 effectiveness of 

the exemption. Stay petitions must be 

filed by March 20, 2009 (at least 7 days 

before the exemption becomes 

effective). 

Pursuant to the Consolidated 

Appropriations Act, 2008, Public Law 

110–161, section 193, 121 Stat. 1844 

(2007), nothing in this decision 

authorizes the following activities at any 

solid waste rail transfer facility: 

Collecting, storing, or transferring solid 

waste outside of its original shipping 

container; or separating or processing 

solid waste (including baling, crushing, 

compacting, and shredding). The term 

‘‘solid waste’’ is defined in section 1004 

of the Solid Waste Disposal Act, 42 

U.S.C. 6903. 

An original and 10 copies of all 

pleadings, referring to STB Finance 

Docket No. 35223, must be filed with 

the Surface Transportation Board, 395 E 

Street, SW., Washington, DC 20423– 

0001. In addition, a copy of each 

pleading must be served on Thomas J. 

Healey, Counsel—Regulatory, CN, 

17641 S. Ashland Avenue, Homewood, 

IL 60430. 

Board decisions and notices are 

available on our Web site at http:// 

www.stb.dot.gov. 

Decided: March 4, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Jeffrey Herzig, 

Clearance Clerk. 

[FR Doc. E9–5123 Filed 3–12–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement 

Network; Proposed Renewal Without 

Change; Comment Request; Customer 

Identification Programs for Various 

Financial Institutions 

AGENCY: Financial Crimes Enforcement 

Network, Department of the Treasury. 

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 renewal, without change, 

to information collections found in 

regulations requiring futures 

commission merchants, introducing 

brokers, banks, savings associations, 

credit unions, certain non-federally 

regulated banks, mutual funds, and 

broker-dealers, to develop and 

implement customer identification 

programs reasonably designed to 

prevent those financial institutions from 

being used to facilitate money 

laundering and the financing of terrorist 

activities. This request for comment 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 May 

12, 2009. 

ADDRESSES: Written comments should 

be submitted to: Regulatory Policy and 

Programs Division, Financial Crimes 

Enforcement Network, Department of 

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

22183, Attention: Customer 

Identification Program Comments. 

Comments also may be submitted by 

electronic mail to the following Internet 

address: regcomments@fincen.gov, again 

with a caption, in the body of the text, 

‘‘Attention: Customer Identification 

Program Comments.’’ 

Inspection of comments. Comments 

may be inspected, between 10 a.m. and 

4 p.m., in the FinCEN reading room in 

Vienna, VA. Persons wishing to inspect 

the comments submitted must request 

an appointment with the Disclosure 

Officer by telephoning (703) 905–5034 

(Not a toll free call). 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Policy and Programs 

Division at 800–949–2732 option 6. 

SUPPLEMENTARY INFORMATION: 

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 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. 

Section 5318(l) of the Bank Secrecy 

Act authorizes the Secretary to issue 

regulations prescribing customer 

identification programs for financial 

institutions. The regulations must 

require that, at a minimum, financial 

institutions implement reasonable 

procedures for (1) verifying the identity 

of any person seeking to open an 

account, to the extent reasonable and 

practicable; (2) maintaining records of 

the information used to verify the 

person’s identity, including name, 

address, and other identifying 

information; and (3) determining 

whether the person appears on any lists 

of known or suspected terrorists or 

terrorist organizations provided to the 

financial institution by any government 

agency. The regulations are to take into 

consideration the various types of 

accounts maintained by various types of 

financial institutions, the various 

methods of opening accounts, and the 

various types of identifying information 

available. Regulations implementing 

section 5318(l) are found at 31 CFR 

103.121, 103.122, 103.123, and 103.131. 

1. Title: Customer identification 

programs for banks, savings 

associations, credit unions, and certain 

non-federally regulated banks. (31 CFR 

103.121). 

Office of Management and Budget 

Control Number: 1506–0026. 

Abstract: Banks, savings associations, 

credit unions, and certain non-federally 

regulated banks are required to develop 

and maintain customer identification 

programs and provide their customers 

with notice of the programs. (See FR 68, 

25090, May 9, 2003). 

Current Action: There is no change to 

existing regulations. 

Type of Review: Extension of a 

currently approved information 

collection. 

Affected Public: Business and other 

for profit institutions and non-profit 

institutions. 

Burden: Estimated Number of 

Respondents 22,060. 

Estimated average annual 

recordkeeping burden per respondent: 

10 hours. 

Estimated average annual disclosure 

burden per respondent: 1 hour 

Estimated Total Annual Respondent 

Burden: 242,660 hours. 


sroberts on PROD1PC70 with NOTICES
10994 Federal Register / Vol. 74, No. 48 / Friday, March 13, 2009 / Notices 

2. Title: Customer identification 

program for broker-dealers (31 CFR 

103.122). 

Office of Management and Budget 

Control Number: 1506–0034. 

Abstract: Broker-dealers are required 

to establish and maintain customer 

identification programs and provide 

their customers with notice of the 

programs. (See FR 68, 25113, May 9, 

2003.) 

Current Action: There is no change to 

existing regulations. 

Type of Review: Extension of a 

currently approved information 

collection. 

Affected Public: Business and other 

for profit institutions. 

Burden: Estimated Number of 

Respondents 5,448. 

Estimated Average Annual Burden 

Per Respondent: The estimated average 

burden associated with the notice 

requirement is two minutes per 

respondent. 

Estimated Number of Hours: 630,896. 

3. Title: Customer identification 

programs for futures commission 

merchants and introducing brokers (31 

CFR 103.123) 

Office of Management and Budget 

Control Number: 1506–0022. 

Abstract: Futures commission 

merchants and introducing brokers are 

required to develop and maintain 

customer identification programs and 

provide their customers with notice of 

the programs. (See FR 68, 25149, May 9, 

2003.) 

Current Action: There is no change to 

existing regulations. 

Type of Review: Extension of a 

currently approved information 

collection. 

Affected Public: Business and other 

for profit institutions. 

Burden: Estimated Number of 

Respondents: 1856. 

Estimated Average Annual Burden 

Per Respondent: The estimated average 

burden associated with the notice 

requirement is two minutes per 

respondent. 

Estimated Number of Hours: 20,471. 

4. Title: Customer identification 

programs for mutual funds (31 CFR 

103.131). 

Office of Management and Budget 

Control Number: 1505–0033. 

Abstract: Mutual funds are required to 

establish and maintain customer 

identification programs and provide 

their customers with notice of the 

programs. (See FR 68, 25131, May 9, 

2003.) 

Current Action: There is no change to 

existing regulations. 

Type of Review: Extension of a 

currently approved information 

collection. 

Affected Public: Business and other 

for profit institutions. 

Burden: Estimated Number of 

Respondents: 2,296. 

Estimated Average Annual Burden 

Per Respondent: The estimated average 

burden associated with the notice 

requirement is 2 minutes per 

respondent. 

Estimated Number of Hours: 266,700. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by the Office of 

Management and Budget. 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 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: March 9, 2009. 

James H. Freis, Jr., 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. E9–5528 Filed 3–12–09; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Unblocking of Specially Designated 

Narcotics Trafficker Pursuant to 

Executive Order 12978 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The Treasury Department’s 

Office of Foreign Assets Control 

(‘‘OFAC’’) is publishing the name of 

Juan Pablo Gutierrez Lozano, whose 

property and interests in property have 

been unblocked pursuant to Executive 

Order 12978 of October 21, 1995, 

Blocking Assets and Prohibiting 

Transactions With Significant Narcotics 

Traffickers. 

DATES: The unblocking and removal 

from the list of Specially Designated 

Narcotics Traffickers of the individual 

identified in this notice whose property 

and interests in property were blocked 

pursuant to Executive Order 12978 of 

October 21, 1995, is effective on 

February 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Compliance 

Outreach & Implementation, Office of 

Foreign Assets Control, Department of 

the Treasury, Washington, DC 20220, 

tel.: 202/622–2420. 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available from OFAC’s Web site 

(www.treas.gov/ofac) via facsimile 

through a 24-hour fax-on demand 

service, tel.: (202) 622–0077. 

Background 

On October 21, 1995, the President, 

invoking the authority, inter alia, of the 

International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706) 

(‘‘IEEPA’’), issued Executive Order 

12978 (60 FR 54579, October 24, 1995) 

(the ‘‘Order’’). In the Order, the 

President declared a national emergency 

to deal with the threat posed by 

significant foreign narcotics traffickers 

centered in Colombia and the harm that 

they cause in the United States and 

abroad. 

Section 1 of the Order blocks, with 

certain exceptions, all property and 

interests in property that are in the 

United States, or that hereafter come 

within the United States or that are or 

hereafter come within the possession or 

control of United States persons, of: (1) 

The persons listed in an Annex to the 

Order; (2) any foreign person 

determined by the Secretary of the 

Treasury, in consultation with the 

Attorney General and Secretary of State, 

to play a significant role in international 

narcotics trafficking centered in 

Colombia; or (3) to materially assist in, 

or provide financial or technological 

support for or goods or services in 

support of, the narcotics trafficking 

activities of persons designated in or 

pursuant to this order; and (4) persons 


sroberts on PROD1PC70 with NOTICES