Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 11631 

1On January 6, 2009, applicants previously filed 

a notice of exemption to abandon the same line of 

railroad. However, in a decision served on January 

26, 2009, the notice was rejected without prejudice 

to refilling. The decision stated that applicants did 

not meet the prefiling notice requirements at 49 

CFR 1105.7(b) and 1105.8(c). 

2 In City of Jersey City, Rails to Trails 

Conservancy, Pennsylvania Railroad Harsimus 

Stem Embankment Preservation Coalition, and New 

Jersey State Assemblyman Louis M. Manzo-Petition 

for Declaratory Order, STB Finance Docket No. 

34818 (STB served August 9, 2007), the Board 

described the line as follows: Extending between 

milepost 1.3 near Luis Munoz Marin Boulevard 

(formerly Henderson Avenue) and milepost 2.54 

near Waldo Avenue, in Jersey City, NJ. 

3The 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 (SEA) in its independent 

investigation) cannot be made before the 

abandonment exemption’s effective date. See 

Exemption of Out-of-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. 

4Each OFA must be accompanied by the filing 

fee, which is currently set at $1,500. See 49 CFR 

1002.2(f)(25). 

vessel builders or businesses in the U.S. 

that use U.S.-flag vessels. If MARAD 

determines, in accordance with 46 

U.S.C. 12121 and MARAD’s regulations 

at 46 CFR part 388 (68 FR 23084; April 

30, 2003), that the issuance of the 

waiver will have an unduly adverse 

effect on a U.S.-vessel builder or a 

business that uses U.S.-flag vessels in 

that business, a waiver will not be 

granted. Comments should refer to the 

docket number of this notice and the 

vessel name in order for MARAD to 

properly consider the comments. 

Comments should also state the 

commenter’s interest in the waiver 

application, and address the waiver 

criteria given in § 388.4 of MARAD’s 

regulations at 46 CFR part 388. 

DATES: Submit comments on or before 

April 17, 2009. 

ADDRESSES: Comments should refer to 

docket number MARAD–2009–0021. 

Written comments may be submitted by 

hand or by mail to the Docket Clerk, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. You may also 

send comments electronically via the 

Internet at http://www.regulations.gov. 

All comments will become part of this 

docket and will be available for 

inspection and copying at the above 

address between 10 a.m. and 5 p.m., 

E.T., Monday through Friday, except 

Federal holidays. An electronic version 

of this document and all documents 

entered into this docket is available on 

the World Wide Web at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joann Spittle, U.S. Department of 

Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue, SE., Room W21–203, 

Washington, DC 20590. Telephone 202– 

366–5979. 

SUPPLEMENTARY INFORMATION: As 

described by the applicant the intended 

service of the vessel KAMAIIANA is: 

Intended Use: ‘‘Sightseeing harbor 

cruises for 6 passengers of our limo 

company.’’ 

Geographic Region: ‘‘California’’. 

Privacy Act 

Anyone is able to search the 

electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78). 

Dated: March 10, 2009. 

By Order of the Maritime Administrator. 

Christine Gurland, 

Acting Secretary, Maritime Administration. 

[FR Doc. E9–5788 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

Consolidated Rail Corporation— 

Abandonment Exemption—in Hudson 

County, NJ [STB Docket No. AB–167 

(Sub-No. 1189X)]; CSX Transportation, 

Inc.—Discontinuance of Service 

Exemption—in Hudson County, NJ 

[STB Docket No. AB–55 (Sub-No. 

686X)]; Norfolk Southern Railway 

Company—Discontinuance of Service 

Exemption—in Hudson County, NJ; 

[STB Docket No. AB–290 (Sub-No. 

306X)] 

Consolidated Rail Corporation 

(Conrail), CSX Transportation, Inc. 

(CSXT), and Norfolk Southern Railway 

Company (NS) (collectively, applicants) 

have jointly filed a verified notice of 

exemption under 49 CFR part 1152 

Subpart F–Exempt Abandonments and 

Discontinuances of Service 1 for Conrail 

to abandon, and for CSXT and NS to 

discontinue service over, an 

approximately 1.36-mile portion of a 

line of railroad known as the Harsimus 

Branch, between milepost 0.00, CP 

Waldo, and milepost 1.36, a point east 

of Washington Street, in Jersey City, 

Hudson County, NJ.2 The line traverses 

United States Postal Service Zip Codes 

07302, 07306, and 07310. 

Applicants have certified that: (1) No 

local or overhead traffic has moved over 

the property for at least 2 years; (2) any 

overhead traffic that has moved or could 

move over the property can be rerouted; 

(3) no formal complaint filed by a user 

of rail service on the property (or by a 

state or local government entity acting 

on behalf of such user) regarding 

cessation of service over the property 

either is pending with the Surface 

Transportation Board (Board) or with 

any U.S. District Court or has been 

decided in favor of a complainant 

within the 2-year period; and (4) the 

requirements at 49 CFR 1105.7 

(environmental report), 49 CFR 1105.8 

(historic report), 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 these exemptions, 

any employee adversely affected by the 

abandonment or discontinuances 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, 

these exemptions will be effective on 

April 17, 2009, unless stayed pending 

reconsideration. Petitions to stay that do 

not involve environmental issues,3

formal expressions of intent to file an 

OFA under 49 CFR 1152.27(c)(2),4 and 

trail use/rail banking requests under 49 

CFR 1152.29 must be filed by March 30, 

2009. Petitions to reopen or requests for 

public use conditions under 49 CFR 

1152.28 must be filed by April 7, 2009, 

with the Surface Transportation Board, 

395 E Street, SW., Washington, DC 

20423–0001. 

A copy of any petition filed with the 

Board should be sent to applicants’ 

representatives: John K. Enright, 1717 

Arch Street, 32nd Floor, Philadelphia, 

PA 19103, and Robert M. Jenkins III, 

Mayer Brown LLP, 1909 K Street, NW., 

Washington, DC 20006. 

If the verified notice contains false or 

misleading information, the exemptions 

are void ab initio. 

Applicants have filed a joint 

combined environmental and historic 

report, which addresses the effects, if 

any, of the abandonment and 

discontinuances on the environment 


tjames on PRODPC61 with NOTICES
11632 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Notices 

5On March 12, 2008, Conrail originally filed an 

Environmental and Historic Report with the Board. 

In response to the comments generated by that 

report, applicants have filed a Supplemental 

Environmental and Historic Report. 

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 107–56. 

2This burden relates to the completion of the 

Currency Transaction Report by Casinos form only. 

The recordkeeping burden of 31 CFR 103.22 is 

reflected in the final rule requiring casinos and card 

clubs to file currency transaction reports. 

and historic resources.5 SEA will issue 

an environmental assessment (EA) by 

March 23, 2009. Interested persons may 

obtain a copy of the EA by writing to 

SEA (Room 1100, Surface 

Transportation Board, Washington, DC 

20423–0001) or by calling SEA, at (202) 

245–0305. [Assistance for the hearing 

impaired is available through the 

Federal Information Relay Service 

(FIRS) at 1–800–877–8339.] 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. 

Pursuant to the provisions of 49 CFR 

1152.29(e)(2), Conrail shall file a notice 

of consummation with the Board to 

signify that it has exercised the 

authority granted and fully abandoned 

the line. If consummation has not been 

effected by Conrail’s filing of a notice of 

consummation by March 18, 2010, and 

there are no legal or regulatory barriers 

to consummation, the authority to 

abandon will automatically expire. 

Board decisions and notices are 

available on our Web site at ‘‘http:// 

www.stb.dot.gov.’’ 

Decided: March 11, 2009. 

By the Board, Joseph H. Dettmar, Acting 

Director, Office of Proceedings. 

Kulunie L. Cannon, 

Clearance Clerk. 

[FR Doc. E9–5612 Filed 3–17–09; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

Proposed Collection; Comment 

Request; Currency Transaction Report 

by Casinos 

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 extension, without change, of 

an existing information collection 

requirement contained in the form, 

‘‘Currency Transaction Report by 

Casinos, FinCEN Form 103.’’ 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 May 

18, 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, 

Virginia 22183, Attention: Paperwork 

Reduction Act Comments—Currency 

Transaction Report by Casinos Form. 

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: Paperwork Reduction Act 

Comments—Currency Transaction 

Report by Casinos Form.’’ 

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: 

Regulatory Policy and Programs 

Division at (800) 949–2732. Option 4 

SUPPLEMENTARY INFORMATION: 

Title: Currency Transaction Report by 

Casinos. 

OMB Number: 1506–0005. 

Form Number: FinCEN Form 103. 

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 5313(a) authorizes the 

Secretary of the Treasury to issue 

regulations that require a report when 

‘‘a domestic financial institution is 

involved in a transaction for the 

payment, receipt, or transfer of United 

States [sic] coins or currency (or other 

monetary instruments the Secretary of 

the Treasury prescribes), in an amount, 

denomination, or amount and 

denomination, or under circumstances 

the Secretary prescribes.’’ Regulations 

implementing section 5313(a) are found 

at 31 CFR 103.22. In general, the 

regulations require the reporting of 

transactions in currency in excess of 

$10,000 a day. Casinos, as defined in 31 

U.S.C. 5312(a)(2)(X) and 31 CFR 

103.11(n)(7)(i), are financial institutions 

subject to the currency transaction 

reporting requirement. Card clubs, as 

defined in 31 CFR 103.11(n)(8)(i), are 

casinos subject to currency transaction 

reporting. (See 63 FR 1919, January 13, 

1998.) The Currency Transaction Report 

by Casinos, FinCEN Form 103, is the 

form casinos and card clubs use to 

comply with the currency transaction 

reporting requirements. 

The current CTR–C may be reviewed 

at: http://www.fincen.gov/forms/files/ 

fin103_ctrc.pdf. 

Type of Review: Extension, without 

change, of an approved information 

collection. 

Affected Public: Business or other forprofit institutions. 

Frequency: As required. 

Estimated Burden: Reporting average 

of 20 minutes per response.2 Form 

record keeping average of 10 minutes 

per response, for a total of 30 minutes. 

Estimated Number of Respondents: 

925. 

Estimated Total Annual Responses: 

460,000. 

Estimated Total Annual Burden 

Hours: 230,000. 

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 


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