30-day Federal Register Notice

2013-01765.pdf

Interagency Appraisal Complaint Form

30-day Federal Register Notice

OMB: 3064-0190

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6174

Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Notices

OMB Number: 1506–0065.
Type of Review: Revision of a
currently approved collection.
Title: Bank Secrecy Act Suspicious
Activity Report (BSA–SAR).
Form: FinCEN 111.
Abstract: In 1992, the Treasury was
granted broad authority to require
suspicious transaction reporting under
the Bank Secrecy Act (31 U.S.C.
5318(g)). FinCEN, which has been
delegated authority to administer the
Bank Secrecy Act, joined with the bank
regulators in 1996 in requiring, on a
consolidated form (the SAR form),
reports of suspicious transactions (31
CFR 1020.320). FinCEN and the bank
regulators adopted the suspicious
activity report (‘‘SAR’’) in 1996 to
simplify the process through which
depository institutions (‘‘banks’’) inform
their regulators and law enforcement
about suspected criminal activity. The
SAR was updated in 1999 and again in
2003 (§ 1020.320). In separate actions
FinCEN expanded the SAR reporting to
money services businesses (March,
2000, 31 CFR 1022.320), broker dealers
in securities (July, 2002, 31 CFR
1023.320), casinos (September 2002,
§ 1021.320) certain futures commission
merchants (November, 2003,
§ 1026.320), life insurance companies
(November 2005, § 1025.320), mutual
funds (May, 2006, § 1024.320), and nonbank residential mortgage lenders and
originators (31 CFR 1029.320). All
reporting financial institutions are
required to retain a copy of any SAR
filed and supporting documentation for
the filing of the SAR for five years. See
the above listed 31 CFR references and
31 CFR 1010.430. These documents are
necessary for criminal investigations
and prosecutions. The filing of a SAR is
necessary to prevent and detect the
laundering of money and other funds at
the filing institutions.
Affected Public: Private sector:
Businesses or other for-profits, not-forprofit institutions.
Estimated Total Burden Hours:
3,284,320.
Dawn D. Wolfgang,
Treasury PRA Clearance Officer.
[FR Doc. 2013–01793 Filed 1–28–13; 8:45 am]
BILLING CODE 4810–02–P

DEPARTMENT OF THE TREASURY

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Submission for OMB Review;
Comment Request
January 24, 2013.

The Department of the Treasury will
submit the following information
collection request to the Office of
Management and Budget (OMB) for

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review and clearance in accordance
with the Paperwork Reduction Act of
1995, Public Law 104–13, on or after the
date of publication of this notice.

DEPARTMENT OF THE TREASURY

DATES:

Comments should be received on
or before February 28, 2013 to be
assured of consideration.

FEDERAL DEPOSIT INSURANCE
CORPORATION

Send comments regarding
the burden estimate, or any other aspect
of the information collection, including
suggestion for reducing the burden, to
(1) Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for
Treasury, New Executive Office
Building, Room 10235, Washington, DC
20503, or email at
[email protected] and
(2) Treasury PRA Clearance Officer,
1750 Pennsylvania Ave. NW., Suite
8140, Washington, DC 20220, or email
at [email protected].

NATIONAL CREDIT UNION
ADMINISTRATION

ADDRESSES:

Office of the Comptroller of the
Currency

Agency Information Collection
Activities: Proposed Information
Collection; Submission for OMB
Review
Office of the Comptroller of
the Currency, Treasury (OCC); Federal
Deposit Insurance Corporation (FDIC);
and National Credit Union
Administration (NCUA).
ACTION: Joint Notice and Request for
Comment.
AGENCIES:

The Office of the Comptroller
of the Currency (OCC); Federal Deposit
Insurance Corporation (FDIC); and
Copies of the submission(s) may be
National Credit Union Administration
obtained by calling (202) 927–5331,
email at [email protected], or the entire (NCUA) (the Agencies) as part of their
continuing effort to reduce paperwork
information collection request maybe
and respondent burden, invites the
found at www.reginfo.gov.
general public and other Federal
agencies to take this opportunity to
Financial Management Service (FMS)
comment on a new information
OMB Number: 1510–0074.
collection, as required by the Paperwork
Reduction Act of 1995.
Type of Review: Extension without
An agency may not conduct or
change of a currently approved
sponsor, and a respondent is not
collection.
required to respond to, an information
Title: Electronic Funds Transfer (EFT) collection unless it displays a currently
Market Research Study.
valid OMB control number. The OCC,
Abstract: This is a generic clearance to FDIC and NCUA are soliciting comment
conduct customer satisfaction surveys.
concerning their information collection
titled, ‘‘Interagency Appraisal
The need for these surveys arises from
Complaint Form.’’
Congressional directive that
The Office of the Comptroller of the
accompanied legislation enacted in
Currency (OCC) is also announcing that
1996, as part of the Debt Collection
the proposed collection of information
Improvement Act (Pub. L. 104–134),
expanding the scope of check recipients has been submitted to the Office of
required to use direct deposit to receive Management and Budget (OMB) for
Federal benefit payments (see 31 U.S.C. review and clearance under the
Paperwork Reduction Act of 1995.
3332). Congress directed Treasury to
DATES
: Comments must be received by
‘‘study the socioeconomic and
February 28, 2013.
demographic characteristics of those
ADDRESSES: Communications Division,
who currently do not have Direct
Office of the Comptroller of the
Deposit and determine how best to
Currency, Mailstop 6W–11, Attention:
increase usage among all groups.’’
1557–NEW, Washington, DC 20219. In
Affected Public: Individuals or
addition, comments may be sent by fax
Households.
to (202) 649–5709 or by electronic mail
Estimated Total Burden Hours: 7,500. to [email protected]. You
may personally inspect and photocopy
Dawn D. Wolfgang,
comments at the OCC, 400 7th Street
Treasury PRA Clearance Officer.
SW., Washington, DC 20219. For
[FR Doc. 2013–01814 Filed 1–28–13; 8:45 am]
security reasons, the OCC requires that
visitors make an appointment to inspect
BILLING CODE 4810–35–P
comments. You may do so by calling
(202) 649–6700. Upon arrival, visitors
will be required to present valid
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

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Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Notices
government-issued photo identification
and to submit to security screening in
order to inspect and photocopy
comments.
Additionally, please send a copy of
your comments by mail to: OCC Desk
Officer, 1557–NEW, U.S. Office of
Management and Budget, 725 17th
Street NW., #10235, Washington, DC
20503, or by electronic mail to
[email protected].
FDIC: You may submit comments by
any of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web site: http://
www.FDIC.gov/regulations/laws/
federal/notices.html.
• Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments/Legal
ESS, Federal Deposit Insurance
Corporation, 550 17th Street NW.,
Washington, DC 20429.
• Hand Delivered/Courier: The guard
station at the rear of the 550 17th Street
Building (located on F Street), on
business days between 7:00 a.m. and
5:00 p.m.
• Email: [email protected].
Instructions: Comments submitted
must include ‘‘FDIC’’ and ‘‘Interagency
Appraisal Complaint Form.’’ Comments
received will be posted without change
to http://www.FDIC.gov/regulations/
laws/federal/notices.html, including
any personal information provided.
NCUA: Interested parties are invited
to submit written comments to both the
NCUA PRA Contact and OMB Reviewer
listed here:
• NCUA PRA Contact: Tracy Crews,
National Credit Union Administration,
1775 Duke Street, Alexandria, Virginia
22314–3428, Fax No. 703–837–2861, or
Email: [email protected]; and
• OMB Contact: Office of
Management and Budget; ATTN: Desk
Officer for NCUA; Office of Information
and Regulatory Affairs, Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT: You
can request additional information or a
copy of the collection from:
OCC: Johnny Vilela or Mary H.
Gottlieb, OCC Clearance Officers, (202)
649–5490, Legislative and Regulatory
Activities Division, Office of the
Comptroller of the Currency,
Washington, DC 20219.
FDIC: Beverlea S. Gardner, Senior
Examination Specialist, Risk
Management Section, at (202) 898–3640,
Sumaya A. Muraywid, Examination
Specialist, Risk Management Section, at
(573) 875–6620, Richard Foley, Counsel,
Legal Division, at (202) 898–3784, Mark
Mellon, Counsel, Legal Division, at

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(202) 898–3884, or 550 17th St. NW.,
Washington, DC 20429.
NCUA: Laura Todor, Consumer
Affairs Officer, NCUA Office of
Consumer Protection, 1775 Duke St.,
Alexandria, VA 22314, by phone at
(703) 518–1149, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: In
compliance with 44 U.S.C. 3507, the
Agencies have submitted the following
proposed collection of information to
OMB for review and clearance.
Interagency Appraisal Complaint
Form—(OMB Control Number OCC
1557–NEW; FDIC 3064–NEW; NCUA
3133–NEW)
Under section 1473(p) of the DoddFrank Wall Street Reform and Consumer
Protection Act,1 if the Appraisal
Subcommittee (‘‘ASC’’), a subcommittee
of the Federal Financial Institutions
Examination Council (FFIEC),
determines, six months after enactment
of that section (i.e., January 21, 2011)
that no national hotline exists to receive
complaints of non-compliance with
appraisal independence standards and
Uniform Standards of Professional
Appraisal Practice (USPAP), including
complaints from appraisers, individuals,
or other entities concerning the
improper influencing or attempted
improper influencing of appraisers or
the appraisal process, then the ASC
shall establish and operate such a
hotline (‘‘ASC Hotline’’), which shall
include a toll-free telephone number
and an email address. Section 1473(p)
further directs the ASC to refer
complaints received through the ASC
Hotline to the appropriate government
bodies for further action, which may
include referrals to the Agencies,
Federal Reserve Board, Consumer
Financial Protection Bureau, and State
agencies. The ASC determined that a
national appraisal hotline does not exist
at a meeting held on January 12, 2011,
and a notice of this determination was
published in the Federal Register on
January 28, 2011 (76 FR 5161).
Currently, the ASC is in the process of
establishing the ASC hotline, which will
refer complaints to appropriate state and
federal regulators.
Representatives from the Agencies,
the Federal Reserve Board, and the
Consumer Financial Protection Bureau
have been meeting to establish a process
to facilitate the referral of complaints
received through the ASC Hotline to the
appropriate federal financial institution
regulatory agency or agencies. The
1 Dodd-Frank Wall Street Reform and Consumer
Protection Act § 1473, Pub. L. 111–203, 124 Stat.
1376, July 21, 2010; 12 U.S.C. § 3351(i).

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Agencies and the Federal Reserve Board
have developed the Interagency
Appraisal Complaint Form to collect
information necessary to take further
action on the complaint. In preparing
this notice, the Agencies have availed
themselves of all means reasonably
available to determine accurate
estimates of the number of complaints
they anticipate receiving as the result of
the Interagency Appraisal Complaint
Form.
Description of the Interagency
Appraisal Complaint Form
The Agencies and the Federal Reserve
Board developed the Interagency
Appraisal Complaint Form for use by
those who wish to file a formal, written
complaint that an entity subject to the
jurisdiction of one or more Agencies or
the Federal Reserve Board has failed to
comply with the appraisal
independence standards or USPAP. The
Interagency Appraisal Complaint Form
is designed to collect information
necessary for one or more Agencies or
the Federal Reserve Board to take
further action on a complaint from an
appraiser, other individual, financial
institution, or other entities. Each
appropriate Agency or the Federal
Reserve Board will use the information
to take further action on the complaint
to the extent it relates to an issue within
its jurisdiction. The Federal Reserve
Board will be seeking approval for the
Interagency Appraisal Complaint Form
through a separate notice.
Comment Summary
In the Federal Register of October 22,
2012 (77 FR 64595), the Agencies
published a 60-day notice requesting
public comment on the Interagency
Appraisal Complaint Form and the
collection of information. The Agencies
received one comment letter signed by
two professional appraiser
organizations.
The comment letter expressed the
view that Congress intended that the
ASC Hotline would be used solely for
complaints concerning appraiser
independence. The comment letter
further recommended that the ASC
report statistical summaries of
information about the number and
disposition of complaints received by
the hotline, but that it refrain from
disclosing the identities of the parties
involved. Finally, the comment letter
urged the Agencies to consider the
impact on state agencies if the
Interagency Appraisal Complaint Form
is not limited to appraiser independence
issues.
The Agencies carefully considered the
comment received and note that this

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Federal Register / Vol. 78, No. 19 / Tuesday, January 29, 2013 / Notices

notice concerns only the development
by the Agencies of the Interagency
Appraisal Complaint Form. The
Agencies note that the ASC is
responsible for the development of the
ASC Hotline, including establishing a
process for receiving complaints,
identifying the appropriate Federal or
State regulator, referring the complaints
to such regulator, and providing reports
on the complaints received. The
development of that process is outside
the scope of this notice, and the
Agencies cannot comment on behalf of
the ASC, an independent agency.
However, the Agencies note that the
ASC is not responsible for developing
the Interagency Appraisal Complaint
Form.
The Agencies developed the
Interagency Appraisal Complaint Form
as a means to efficiently collect
information in circumstances where the
ASC determines the OCC, FDIC, or

Number of
respondents

Interagency appraisal complaint form

Burden Estimates
The OCC, FDIC and NCUA estimate
that the burden of this collection of
information is as follows:

Number of
responses per
respondent

Annual
number of
responses

Burden per
response

Total hours

OCC .....................................................................................
NCUA ...................................................................................
FDIC .....................................................................................

1,500
300
200

1
1
1

1,500
300
200

0.5
0.5
0.5

750
150
100

Total ..............................................................................

2,000

........................

........................

........................

1,000

OCC
OMB Control Number: 1557–NEW.
Estimated Number of Respondents:
1500.
Estimated Burden per Response: 0.5.
Estimated Total Annual Burden: 750.
FDIC
OMB Control Number: 3064–NEW.
Estimated Number of Respondents:
200.
Estimated Burden per Response: 0.5.
Estimated Total Annual Burden: 100.

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Interagency Appraisal Complaint Form
and the Agencies’ use of the form need
have no impact on any existing State
complaint processes. The Agencies and
the Federal Reserve Board developed
the Interagency Appraisal Complaint
Form for their own use, and the burden
estimates are limited to complaints each
of the Agencies reasonably anticipates
receiving from ASC Hotline referrals.
Such estimates are not intended to
encompass the total complaints received
by the ASC through the ASC Hotline,
the total number of complaints referred
by the ASC to the appropriate
regulator(s), or the total complaints
expected to be received independent of
ASC Hotline referrals.

NCUA is the appropriate regulator.
While the Interagency Appraisal
Complaint Form is focused on
complaints regarding appraisal
independence standards and USPAP,
the Agencies’ responsibilities for
considering complaints extends beyond
these concerns, and the Agencies intend
to consider all received complaints in a
consistent manner, regardless of their
source. As a practical matter, the
Agencies expect to receive complaints
concerning appraisers from a variety of
sources, and that only some of those
complaints will have been directed to
the Agencies via the ASC Hotline. The
Agencies believe it is important to use
a form that is general and flexible
enough to allow a complainant to
express the nature of a complaint
without restricting what types of
complaints are allowable. Moreover, a
State entity is not required to use the

NCUA
OMB Control Number: 3133–NEW.
Estimated Number of Respondents:
300.
Estimated Burden per Response: 0.5.
Estimated Total Annual Burden: 150.
Comments continue to be invited on:
(a) Whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information has 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 on respondents, including

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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: January 22, 2013.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division, OCC.
Dated: January 22, 2013.
Robert E. Feldman,
Executive Secretary, Federal Deposit
Insurance Corporation.
Dated: January 16, 2013.
Mary Rupp,
Secretary of the Board, NCUA.
[FR Doc. 2013–01765 Filed 1–28–13; 8:45 am]
BILLING CODE 7535–01–P; 6714–01–P; P

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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Proposed Collection;
Comment Request; Country Exposure
Report (FFIEC 009) and Country
Exposure Information Report (FFIEC
009a)
Office of the Comptroller of the
Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); and Federal Deposit
Insurance Corporation (FDIC).
ACTION: Joint notice and request for
comment.
AGENCY:

The OCC, the Board, and the
FDIC (the ‘‘agencies’’) are seeking public
comment on a proposal to extend and
revise the currently approved
information collections contained in the
Country Exposure Report (FFIEC 009)
and the Country Exposure Information
Report (FFIEC 009a). The agencies are
all members of the Federal Financial

SUMMARY:

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