63544 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 

return information under the final 

regulations must provide written notice 

to their officers and employees of the 

purposes for which returns or return 

information may be used and of the 

potential civil and criminal penalties for 

unauthorized inspections or disclosures, 

including informing them of the 

imposition of punitive damages in the 

case of a willful inspection or disclosure 

or an inspection or disclosure which is 

the result of gross negligence. Section 

301.6103(n)–1(e)(3) of the final 

regulations require that before the 

execution of a contract or agreement for 

the acquisition of property or services 

under which returns or return 

information will be disclosed, the 

contract or agreement must be made 

available to the IRS. 

Current Actions: There is no change to 

this existing regulation. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Business or other forprofit organizations, not-for-profit 

institutions and Federal, state, local or 

tribal governments. 

Estimated Number of Respondents: 

2,500. 

Estimated Time per Respondent: 0.1 

hr. 

Estimated Total Annual Burden 

Hours: 250. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

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 OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB 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. 

Approved: October 8, 2010. 

Allan Hopkins, 

Tax Analyst. 

[FR Doc. 2010–25947 Filed 10–14–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

Proposed Collection; Comment 

Request for Notices 437, 437–A, 438 

and 466 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Department of the 

Treasury, as part of its continuing effort 

to reduce paperwork and respondent 

burden, invites the general public and 

other Federal agencies to take this 

opportunity to comment on proposed 

and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). Currently, the IRS is 

soliciting comments concerning Notices 

437, 437–A, 438 and 466, Notice of 

Intention to Disclose. 

DATES: Written comments should be 

received on or before December 14, 2010 

to be assured of consideration. 

ADDRESSES: Direct all written comments 

to Gerald Shields, Internal Revenue 

Service, Room 6129, 1111 Constitution 

Avenue, NW., Washington, DC 20224. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the regulations should be 

directed to Allan Hopkins, Internal 

Revenue Service, Room 6129, 1111 

Constitution Avenue, NW., Washington, 

DC 20224, or at (202) 622–6665, or 

through the Internet at 

Allan.M.Hopkins@irs.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Notice of Intention to Disclose. 

OMB Number: 1545–0633. 

Notice Number: Notices 437, 437–A, 

438, and 466. 

Abstract: Section 6110(f) of the 

Internal Revenue Code requires that a 

notice of intention to disclose be sent to 

all persons to which a written 

determination (either a technical advice 

memorandum or a private letter ruling) 

is issued. That section also requires that 

such persons receive a notice if related 

background file documents are 

requested. Notice 437 is issued to 

recipients of letter rulings; Notices 437– 

A to recipients of Chief Counsel Advice; 

Notice 438 to recipients of technical 

advice memorandums; and Notice 466 

to recipients if a request for the related 

background file document is received. 

The notices also inform the recipients of 

their right to request further deletions to 

the public inspection version of written 

determinations or related background 

file documents. 

Current Actions: There are no changes 

being made to the notice at this time. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Individuals or 

households, business or other for-profit 

organizations, not-for-profit institutions, 

farms, and State, local, or tribal 

governments. 

Estimated Number of Respondents: 

5,250. 

Estimated Time Per Respondent: 30 

minutes. 

Estimated Total Annual Burden 

Hours: 2,625. 

The following paragraph applies to all 

of the collections of information covered 

by this notice: 

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 OMB control number. 

Books or records relating to a collection 

of information must be retained as long 

as their contents may become material 

in the administration of any internal 

revenue law. Generally, tax returns and 

tax return information are confidential, 

as required by 26 U.S.C. 6103. 

Request for Comments: Comments 

submitted in response to this notice will 

be summarized and/or included in the 

request for OMB 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. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Notices 63545 

1The SAR requirements are currently covered 

under the following OMB control numbers: 1506– 

0001 (SAR–DI), 1506–0006 (SAR–C), 1506–0015 

(SAR–MSB), 1506–0019 (SAR–SF which includes 

broker-dealers, FCMs, IB–Cs, and Mutual Funds), 

and 1506–0029 (SAR–IC). 

2Language expanding the scope of the BSA 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 (the 

USA PATRIOT Act), Public Law 107–56. 

3Treasury Department bureaus such as FinCEN 

renew their System of Records Notices every three 

years unless there is cause to amend them more 

frequently. FinCEN’s System of Records Notice for 

the SAR System was most recently published at 73 

FR 42405, 42407–9 (July 21, 2008). 

4BSA E-Filing is a free service provided by 

FinCEN. More information on the filing methods 

may be accessed at http:// 

bsaefiling.fincen.treas.gov/main.html. 

5A series of predetermined questions will be 

used to establish the type of institution and filing 

in much the same manner as used in widely 

accepted income tax filing software. 

Approved: October 8, 2010. 

Allan Hopkins, 

Tax Analyst. 

[FR Doc. 2010–25948 Filed 10–14–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Financial Crimes Enforcement Network 

Proposed Collection; Comment 

Request; Bank Secrecy Act Suspicious 

Activity Report Database Proposed 

Data Fields 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Notice and request for 

comments. 

SUMMARY: FinCEN has begun the design 

of a new Bank Secrecy Act (BSA) 

database (the Database) and invites 

comment on the list of proposed data 

fields within the Database that will 

support Suspicious Activity Report 

(SAR) filings by financial institutions 

required to file such reports under the 

BSA. This notice does not propose any 

new regulatory requirements nor 

changes to the requirements related to 

suspicious activity reporting, but rather 

seeks input on technical matters as we 

transition from a system originally 

designed for collecting paper forms to a 

modernized IT environment for 

electronic reporting. The list of 

proposed data fields for the ‘‘BSA 

Suspicious Activity Report (BSA–SAR)’’ 

appears at the end of this notice. The 

proposed data fields reflect the filing 

requirement for all filers of SARs under 

the BSA. The SAR will be an e-filed 

dynamic and interactive report used by 

all BSA filing institutions to report 

suspicious activity to the Department of 

the Treasury. This request for comments 

covers 31 CFR 103.15, 31 CFR 103.16, 

31 CFR 103.17, 31 CFR 103.18, 31 CFR 

103.19, 31 CFR 103.20, and 31 CFR 

103.21. 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 

December 14, 2010. 

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: PRA 

Comments—BSA–SAR Database. BSA– 

SAR Comments also may be submitted 

by electronic mail to the following 

Internet address: 

regcomments@fincen.treas.gov, with the 

caption, ‘‘Attention: BSA–SAR 

Database,’’ in the body of the text. 

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 

FinCEN Regulatory Helpline at 800– 

949–2732, select option 7. 

SUPPLEMENTARY INFORMATION: 

Title: BSA Suspicious Activity Report 

by Financial Institutions, (See 31 CFR 

103.15, 31 CFR 103.16, 31 CFR 103.17, 

31 CFR 103.18, 31 CFR 103.19, 31 CFR 

103.20, and 31 CFR 103.21). 

OMB Number: 1506–XXXX.1

Form Number: FinCEN Form 111. 

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.2

Regulations implementing Title II of the 

Bank Secrecy Act appear at 31 CFR Part 

103. The authority of the Secretary to 

administer the Bank Secrecy Act has 

been delegated to the Director of 

FinCEN. 

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 the 

‘‘report’’ is required to be provided 

pursuant to 31 U.S.C. 5318(g), as 

implemented by FinCEN regulations 

found at 31 CFR 103.15–21. The 

information collected under this 

requirement is made available to 

appropriate agencies and organizations 

as disclosed in FinCEN’s Privacy Act 

System of Records Notice relating to 

SARs.3

Current Action: FinCEN is in the 

process of designing the Database to 

accept modernized electronic BSA 

reporting. The Database will accept 

XML-based dynamic, state-of-the-art 

reports. Batch and computer-tocomputer filing processes will remain 

unchanged, although the file format will 

change to match the Database. Discrete 

filings will be based on Adobe LiveCycle 

Designer ES dynamic forms. All filings 

(discrete, batch, and computed-tocomputer) will be accessed through the 

BSA E-Filing system 4 using current 

registration and log-in procedures. 

During log-in of the discrete filing 

option, filers will be prompted through 

a series of questions 5 (see BSA–SAR 

Comprehensive Summary of Proposed 

Data Fields, item 1 and Part III, at the 

end of this notice) to provide 

information that will identify the type of 

financial institution filing the SAR 

(depository institution, broker/dealer, 

casino, etc.). After log-in, the financial 

institution filing SARs through the 

discrete function will answer another 

set of questions consisting of a subset of 

the data field appropriate to the filer’s 

specific type of filing institution. Batch 

and computer-to-computer filers will 

file reports based on an electronic file 

specification that will be finalized after 

reviewing public comments received in 

response to this notice. 

Dynamic forms are documents with a 

hierarchical structure that can be 

converted into XML. This structure can 

include structure from XML Schema 

and example XML files. Dynamic forms 

can be saved as PDF files or XDP files. 

XDP files are used by the Adobe 

LiveCycle Form Server to render files to 

PDF or HTML as needed. The report for 

the Database will be designed to be both 

dynamic (changing layout in response to 

data propagated from other sources) and 

interactive (capable of accepting user 

input). Currently, e-filed discrete forms 

are based on Designer 8.2.1. The 

dynamic features of these PDF forms 

can be manipulated by the Adobe Form 

Server during the rendering process, or 

mstockstill on DSKH9S0YB1PROD with NOTICES