Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Notices 64239

technology transfer and exchange with

the public and the automotive industry,

in various aspects of highway and motor

vehicle safety. As part of this goal to

promote national and international

cooperation, the agency will conduct a

public meeting on the ongoing research

program concerning mitigation of motor

vehicle occupant ejections out of

windows. At this public meeting, the

agency will present test and analytical

data that the agency has gathered to

date. The agency’s presentation will

include:

—Background and Basis for the

Research

—Research, including impactor

development, prototype ejectionmitigating design development, and

component test results.

—Computer modeling of glazing

impacts

—Alternative glazing systems cost,

weight, lead time

—Benefits analysis

The agency also solicits relevant

presentations, research findings, and

views from its partners at this meeting.

NHTSA especially solicits participation

in the form of presentations by technical

experts, both in the form of critiques of

the agency’s research and of

independent research. Within the

available time, NHTSA will try to

accommodate all persons wishing to

make oral presentations.

Those wishing to make oral

presentations at the meeting should

contact the Public Meeting Coordinator,

Margaret Gill, at the mailing address,

telephone number, fax number, or

electronic mail address listed above, by

January 17, 1996. If the presentation

will include slides, motion pictures, or

other visual aids, please so indicate and

NHTSA will make the proper

equipment available. Presenters should

bring at least one copy of their

presentation to the meeting so that

NHTSA can readily include the material

in the public record. NHTSA will

provide ‘‘auxiliary aids’’ (e.g., signlanguage interpreter,

telecommunications devices for deaf

persons (TDDs), readers, taped texts,

brailled materials or large print

materials and/or a magnifying device) to

speakers or other participants as

necessary. Any person desiring

assistance of auxiliary aids should

contact Margaret Gill, (202) 366–2264,

by close-of-business, January 17, 1996.

The agency estimates that NHTSA’s

presentations will take approximately

three and one-half hours, consuming the

morning session of the meeting. The

afternoon session will be used for other

presenters, and for questions that

weren’t answered during the morning

session. There will be a question period

after each presentation. Those speaking

at the public meeting should limit the

length of their presentations to 20

minutes.

A tentative agenda will be available

January 22, 1996. You can obtain the

tentative agenda upon request from the

agency, or over the Internet on NHTSA’s

Internet home page at http://

www.nhtsa.dot.gov/nps/glazmeet.html.

A final schedule of participants making

oral presentations will be available at

the designated meeting room on the day

of the meeting.

The agency intends to conduct the

after-presentation portions of the public

meeting in an informal manner, in order

to promote maximum participation by

all who attend. Interested persons may

ask questions or provide comments

immediately after each party has

completed its presentation. If time

permits, persons who have not

requested time to speak but would like

to make a statement or presentation will

be afforded an opportunity to do so.

There will be further opportunities for

questions and information exchange at

the end of the meeting.

After the meeting, NHTSA will place

a copy of any written statements in the

docket for this notice. A verbatim

transcript of the meeting will be

prepared and also placed in the NHTSA

docket as soon as possible after the

meeting.

IV. Submission of Written Comments

Participation in the meeting is not a

prerequisite for the submission of

written comments. NHTSA invites

written comments from all interested

parties. It is requested but not required

that 10 copies be submitted. Written

comments must not exceed 15 pages in

length. (See 49 CFR 553.21). Necessary

attachments may be appended to these

submissions without regard to the 15-

page limit. This limitation is intended to

encourage commenters to detail their

primary arguments in a concise fashion.

If a commenter wishes to submit

certain information under a claim of

confidentiality, three copies of the

complete submission, including

purportedly confidential business

information, should be submitted to the

Chief Counsel, NHTSA, at the street

address given above, and seven copies

from which the purportedly confidential

information has been deleted should be

submitted to the Docket Section. A

request for confidentiality should be

accompanied by a cover letter setting

forth the information specified in the

agency’s confidential business

information regulation, 49 CFR 512.

All relevant comments received will

be reviewed by the agency and will be

available for examination in the docket

at the above address. The NHTSA will

continue to file relevant information as

it becomes available in the docket after

the closing date, and it is recommended

that interested persons continue to

examine the docket for new material.

Issued on December 8, 1995.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 95–30425 Filed 12–13–95; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF THE TREASURY

Office of the Comptroller of the

Currency

Privacy Act of 1974; As Amended;

System of Records

AGENCY: Office of the Comptroller of the

Currency, Treasury.

ACTION: Amendment to an existing

system of records.

SUMMARY: In accordance with the

Privacy Act of 1974 (Privacy Act), the

Department of the Treasury (Treasury),

the Office of the Comptroller of the

Currency (OCC) is publishing an

amendment to an existing system of

records. This amendment reflects an

ongoing review of an existing system of

records pursuant to Appendix I to OMB

Circular No. A–130—Revised, which

has resulted in changes in nearly all

elements of the system of records. In

addition, the changes reflect a new

proposed interagency suspicious

activity reporting process, combining

the criminal referral and suspicious

financial transactions reporting

requirements of the Federal financial

regulatory agencies and Treasury, and

involving the use of a new

computerized database maintained by

Financial Crimes Enforcement Network

(FinCEN) on behalf of the Federal

financial regulatory agencies and

Treasury.

DATES: Comments must be received by

January 16, 1996. If no comments are

received which precipitate changes to

the system, the system will become

effective on January 23, 1996.

ADDRESSES: Comments should be sent

to: Communications Division, Docket

No. 95–25, Office of the Comptroller of

the Currency, 250 E Street, SW,

Washington, DC 20219, or FAX number

202–874–5274. Electronic comments

should be sent to

REG.COMMENTS.@OCC.TREAS.GOV.
64240 Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Notices

Comments will be available for public

inspection and photocopying at the

same location.

FOR FURTHER INFORMATION CONTACT:

Frank D. Vance, Jr., Disclosure Officer,

Communications Division, (202) 874–

4700; Robert S. Pasley, Assistant

Director, Enforcement and Compliance

Division, (202) 874–4800.

SUPPLEMENTARY INFORMATION: The OCC

is amending its existing system of

records entitled Enforcement and

Compliance Information System,

Treasury/Comptroller .013, last

published in the Federal Register at 60

FR 56688 (November 9, 1995) for which

it has promulgated exemption rules

pursuant to exemptions (j)(2) and (k)(2)

of the Privacy Act, 5 U.S.C. 552a(j)(2)

and (k)(2). Components of the system

have been designated as exempt under

5 U.S.C. 552a(j)(2). In addition, because

the information in the system consists of

investigatory material compiled for law

enforcement purposes, the system is

exempt under 5 U.S.C. 552a(k)(2).

Certain of the changes to the system

reflect an agreement between FinCEN

and the Federal Reserve Board (FRB),

OCC, the Federal Deposit Insurance

Corporation (FDIC), the Office of Thrift

Supervision (OTS), and the National

Credit Union Administration (NCUA)

(the Federal financial regulatory

agencies) to store Suspicious Activity

Reports (SAR), as well as information

pertaining to administrative actions

taken against individuals, in electronic

form in a database maintained by

FinCEN and located at the Internal

Revenue Service (IRS) Computing

Center in Detroit, Michigan. It is

proposed that the IRS Computing

Center, as a contractor to FinCEN and

the Federal financial regulatory

agencies, will operate and administer

the computer system that supports the

SAR database.

The Federal financial regulatory

agencies are adopting the SAR as a

replacement for the Criminal Referral

Form, which has been used by

depository institutions to report

suspected criminal activity to the

Federal financial regulatory agencies

and the Federal law enforcement

authorities (see FRB and OCC proposed

rules at 60 FR 34481 and 60 FR 34476,

respectively, July 3, 1995, and OTS

proposed rule at 60 FR 36366, July 17,

1995), and by Treasury to implement

suspicious financial transaction

reporting rules (see Treasury proposed

rule at 60 FR 46556, September 7, 1995).

Information from the Criminal

Referral Form was included in the

existing Enforcement and Compliance

Information System, and similar

information collected through the SAR

will continue to be included in the

revised Enforcement and Compliance

Information System. In addition to

reports of suspected criminal activity,

the SAR also allows a bank to report

suspicious financial transactions under

Federal money laundering statutes,

pursuant to Treasury regulations (31

CFR part 103). This information, which

may include financial transactions by

individuals, is included in the existing

system. Only the information collected

by the SAR, and its status updates, are

located in the database maintained by

FinCEN; all other information in the

Enforcement and Compliance

Information System is located at the

OCC.

Pursuant to the inter-agency

agreement between FinCEN and the

Federal financial regulatory agencies,

FinCEN will manage a computerized

database containing the SAR,

administrative actions against

individuals and status updates, which is

information currently collected and/or

maintained separately by the Federal

financial regulatory agencies. With

regard to this database, only those

records generated under the jurisdiction

of the OCC are considered to be OCC

records for purposes of the Privacy Act.

Access to and use of these OCC records

by other agencies continue to be

governed by the routine uses in the

OCC’s Enforcement and Compliance

Information System.

Accordingly, the ‘‘Routine Uses’’

element is amended to reflect one new

routine use, regarding the sharing

among Federal financial regulatory

agencies and law enforcement agencies

of the information collected by the SAR,

the administrative actions and the status

updates. In addition, the following

‘‘Routine Uses’’ are being deleted from

the existing system: numbers (2), (4), (8),

and (10). One of the ‘‘Routine Uses,’’

number (7), has been modified to more

narrowly define when and under what

circumstances the OCC will, in its sole

discretion, disclose copies of the SAR.

Another ‘‘Routine Use,’’ number (9), has

been modified slightly. The routine uses

have also been renumbered.

Additionally, the ‘‘Safeguards’’ element

is amended to add that on-line access to

the computerized database maintained

by FinCEN is limited to authorized

individuals specified by each Federal

financial regulatory agency and

Treasury, and issued a non-transferable

identifier or password.

Other amendments reflect

organizational changes and are not

significant. The exemptions for this

system of records continue to be (j)(2)

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

because the information consists of

investigatory material compiled for law

enforcement purposes.

The altered system of records report,

as required by 5 U.S.C. 552a(r) of the

Privacy Act, has been submitted to the

Committee on Government Reform and

Oversight of the House of

Representatives, the Committee on

Governmental Affairs of the Senate, and

the Office of Management and Budget,

pursuant to Appendix 1 to OMB

Circular A–130, Federal Agency

Responsibilities for Maintaining

Records About Individuals, dated July

15, 1994.

The proposed altered system of

records, Treasury/Comptroller .013,

Enforcement and Compliance

Information System is published in its

entirety below.

Dated: December 5, 1995.

Alex Rodriguez,

Deputy Assistant Secretary (Administration).

Treasury/Comptroller .013

SYSTEM NAME:

Enforcement and Compliance

Information System.

SYSTEM LOCATION:

Comptroller of the Currency, 250 E

Street, SW, Washington, DC 20219.

Computerized records of Suspicious

Activity Reports (SAR), administrative

actions with status updates, are

managed by FinCEN, Department of the

Treasury, pursuant to a contractual

agreement, and are stored at the IRS

Computing Center in Detroit, Michigan.

Authorized personnel at the Federal

financial regulatory agencies have online access to the computerized database

managed by FinCEN through individual

work stations that are linked to the

database central computer.

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM:

Directors, officers, employees,

shareholders, agents, and persons

participating in the conduct of the

affairs of entities regulated by the OCC

who have been involved in suspected

criminal activity or suspicious financial

transactions and referred to law

enforcement officials; and/or who have

been involved in irregularities,

violations of law, unsafe or unsound

practices and/or breaches of fiduciary

duty and have been the subject of an

administrative action taken by the OCC.

CATEGORIES OF RECORDS IN THE SYSTEM:

SAR filed by national banks and/or by

national bank examiners or attorneys for

the OCC. The SAR contains information

identifying the financial institution
Federal Register / Vol. 60, No. 240 / Thursday, December 14, 1995 / Notices 64241

involved, the suspected person, the type

of suspicious activity involved, the

amount of loss known, and any

witnesses. Also, administrative actions

taken by the OCC against directors,

officers, employees, shareholders,

agents, and persons participating in the

conduct of the affairs of entities

regulated by the OCC.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

12 U.S.C. 481, 1817(j), 1818 and 1820;

15 U.S.C. 78c(a)(34), 78l(i), 78u, 78o–4.

PURPOSE(S):

The overall system serves as a central

OCC repository for investigatory or

enforcement information related to the

responsibility of the OCC to examine

and supervise entities regulated by the

OCC.

The system maintained by FinCEN

serves as the database for the

cooperative storage, retrieval, analysis,

and use of information relating to

Suspicious Activity Reports made to or

by the Federal financial regulatory

agencies and FinCEN to various law

enforcement agencies for possible

criminal, civil, or administrative

proceedings based on known or

suspected violations affecting or

involving persons, financial institutions,

or other entities under the supervision

or jurisdiction of such Federal financial

regulatory agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES:

Information in these records may be

used to: (1) Provide the Department of

Justice with periodic reports that

indicate the number, amount,

individual identity, and other details

concerning outstanding potential

criminal violations of the law that have

been referred to the Department; (2)

Provide the Federal financial regulatory

agencies and FinCEN with information

relevant to their operations; (3) Disclose

information to third parties during the

course of an investigation to the extent

necessary to obtain information

pertinent to the investigation; (4)

Provide information or records to any

appropriate domestic or foreign

governmental agency or self-regulatory

organization charged with the

responsibility of administering law or

investigating or prosecuting violations

of law or charged with enforcing or

implementing a statute, rule, regulation,

order, policy, or license; (5) Disclose,

when considered appropriate,

information to a bar association, or other

trade or professional organization

performing similar functions, for

possible disciplinary action; (6) Disclose

information, when appropriate, to

international and foreign governmental

authorities in accordance with law and

formal or informal international

agreements; (7) Disclose the existence,

but not necessarily the content, of

information or records in cases where

the OCC is a party or has direct interest

and where the OCC, in its sole

discretion, has concluded that such

disclosure is necessary; (8) Disclose

information to any person with whom

the OCC contracts to reproduce, by

typing, photocopying or other means,

any record within this system for use by

the OCC and its staff in connection with

their official duties or to any person

who is utilized by the OCC to perform

clerical or stenographic functions

relating to the official business of the

OCC.

POLICIES AND PRACTICES FOR STORING,

RETRIEVING, ACCESSING, RETAINING, AND

DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Records are maintained on magnetic

media and in paper and card files.

RETRIEVABILITY:

Computer output, file folders, and

card files are retrievable by indexes of

data fields, including name of financial

institution and individuals’ names.

SAFEGUARDS:

Paper and card files are stored in

lockable metal file cabinets. Computer

disks maintained at the OCC are

accessed only by authorized personnel.

The database maintained by FinCEN

complies with applicable security

requirements of the Department of the

Treasury. On-line access to the

information in the database is limited to

authorized individuals who have been

specified by each Federal financial

regulatory agency and FinCEN, and each

such individual has been issued a non—

transferable identifier or password.

RETENTION AND DISPOSAL:

Records are periodically updated to

reflect changes and maintained as long

as needed.

SYSTEM MANAGER(S) AND ADDRESS:

Director, Enforcement and

Compliance Division, and Director,

Securities and Corporate Practices

Division, Law Department, Office of the

Comptroller of the Currency, 250 E

Street, SW, Washington, DC 20219.

NOTIFICATION PROCEDURE:

Certain records in this system are

exempt from notification and record—

access requirements and requirements

that an individual be permitted to

contest its contents under 5 U.S.C.

552a(j)(2) and (k)(2) as relating to

investigatory material compiled for law

enforcement purposes. Requests relating

to records not subject to the exemption

should be sent to: Director, Public

Affairs, 250 E Street, SW, Washington,

DC 20219.

RECORD ACCESS PROCEDURE:

See ‘‘Notification procedure’’ above.

CONTESTING RECORD PROCEDURE:

See ‘‘Notification procedure’’ above.

RECORD SOURCE CATEGORIES:

Suspicious activity reports and

related historical information and

updating forms compiled by the OCC

and the other Federal financial

regulatory agencies for law enforcement

purposes. The OCC will also include

information from its Enforcement and

Compliance Information System.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

Components of this system have been

designated as exempt from 5 U.S.C.

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

(e)(4)(G), (e)(4)(H), (e)(5), (e)(8), (f) and

(g) of the Privacy Act pursuant to 5

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

[FR Doc. 95–30434 Filed 12–13–95; 8:45 am]

BILLING CODE 4810–33–F

Office of Thrift Supervision

Privacy Act of 1974; As Amended;

System of Records

AGENCY: Office of Thrift Supervision,

Treasury.

ACTION: Amendment to an existing

system of records.

SUMMARY: In accordance with the

Privacy Act of 1974 (Privacy Act), Office

of Thrift Supervision (OTS) is

publishing an amendment to an existing

system of records. This amendment

reflects an ongoing review of an existing

system of records pursuant to Appendix

I to OMB Circular No. A–130—Revised,

which has resulted in changes in nearly

all elements of the system of records. In

addition, the changes reflect a new

proposed interagency suspicious

activity reporting process, combining

the criminal referral and suspicious

financial transactions reporting

requirements of the Federal financial

regulatory agencies and Treasury, and

involving the use of a new

computerized database maintained by

Financial Crimes Enforcement Network

(FinCEN) on behalf of the Federal

financial regulatory agencies and

Treasury.