57798 Federal Register / Vol. 76, No. 180 / Friday, September 16, 2011 / Notices

name of the individual submitting the milepost CH 5.0± and milepost CH DEPARTMENT OF TRANSPORTATION comment (or signing the comment, if 13.5± at Oak Yard.2 Surface Transportation Board submitted on behalf of an association, As a condition to this exemption, any business, labor union, etc.). You may employees affected by the trackage [Docket No. FD 35548] review DOT’s complete Privacy Act rights will be protected by the Statement in the Federal Register conditions imposed in Norfolk & Railway Company— published on April 11, 2000 (Volume Trackage Rights Exemption—CSX Western Railway—Trackage Rights— 65, Number 70; Pages 19477–78). Transportation, Inc. Burlington Northern, Inc., 354 I.C.C. 605 By order of the Maritime Administrator. (1978), as modified in Mendocino Coast Pursuant to a written trackage rights Dated: August 25, 2011. Railway—Lease & Operate—California agreement,1 CSX Transportation, Inc. Julie P. Agarwal, Western Railroad, 360 I.C.C. 653 (1980). (CSXT) has agreed to grant overhead Secretary, Maritime Administration. This notice is filed under 49 CFR trackage rights to Company (CP) between [FR Doc. 2011–22671 Filed 9–15–11; 8:45 am] 1180.2(d)(7). If the notice contains false milepost CH 5.0±, in the vicinity of Fort BILLING CODE 4910–81–P or misleading information, the Street at a connection between CSXT exemption is void ab initio. Petitions to and Consolidated Rail Corporation’s DEPARTMENT OF TRANSPORTATION revoke the exemption under 49 U.S.C. (CRC) Foreman Wye, and milepost CH 10502(d) may be filed at any time. The 7.5±, at or near Avenue on Surface Transportation Board filing of a petition to revoke will not CSXT’s Subdivision, a distance automatically stay the effectiveness of of approximately 2.5 miles in Wayne [Docket No. FD 35549] the exemption. Stay petitions must be County, Mich. (the Line).2 Canadian Pacific Railway Company— filed by September 23, 2011 (at least 7 The earliest this transaction may be Trackage Rights Exemption— days before the exemption becomes consummated is October 1, 2011, the Consolidated Rail Corporation effective). effective date of the exemption (30 days An original and 10 copies of all after the exemption was filed). According to CP, the purpose of the Pursuant to a written trackage rights pleadings, referring to Docket No. FD 1 transaction is to increase the operating agreement, Consolidated Rail 35549, must be filed with the Surface Corporation (CRC) will agree to grant efficiency of CP and CSXT in Detroit, Transportation Board, 395 E Street, SW., overhead trackage rights to Canadian Michigan and allow for a more efficient Washington, DC 20423–0001. In Pacific Railway Company (CP) over routing of CP’s into CP’s addition, a copy of each pleading must CRC’s Foreman Wye between the intermodal facility at Oak Yard in connection with Norfolk Southern be served on W. Karl Hansen, Leonard, Detroit. CP and CSXT wish to cancel a Railway Company’s (NS) Detroit District Street and Deinard, Professional switching support agreement under Subdivision at or near NS milepost 5.2± Association, 150 South Fifth Street, which CSXT handles CP’s Port of and a connection with CSX Suite 2300, , MN 55402 intermodal freight (POV Transportation, Inc.’s (CSXT) Detroit (Counsel for CP). freight) moving via Norfolk Southern Subdivision at or near CSXT milepost Board decisions and notices are Railway Company’s Oakwood Yard to CH 5.0± in the vicinity of Fort Street, a available on our Web site at http:// CP’s intermodal facility. To handle the distance of approximately 1,980 feet, in www.stb.dot.gov. POV freight from Oakwood Yard to its Wayne County, Mich. (the Line). intermodal facility at Oak Yard in its Decided: September 13, 2011. The earliest this transaction may be own trains following termination of the consummated is October 1, 2011, the By the Board. switching support agreement, CP asserts effective date of the exemption (30 days Rachel D. Campbell, that it will need to acquire trackage after the exemption was filed). Director, Office of Proceedings. rights over the Line to connect with its previously granted trackage rights over According to CP, the purpose of the Jeffrey Herzig, CSXT’s Detroit Subdivision between transaction is to allow for a more Clearance Clerk. efficient routing of CP’s trains into CP’s milepost CH 7.5± and milepost CH intermodal facility at Oak Yard in [FR Doc. 2011–23812 Filed 9–15–11; 8:45 am] 13.5± at Oak Yard. Detroit, Mich. To improve operational BILLING CODE 4915–01–P As a condition to this exemption, any efficiency, CP wishes to move in its own employees affected by the trackage trains the Port of Vancouver intermodal rights will be protected by the freight (POV freight) currently handled conditions imposed in Norfolk & by CSXT under a switching support Western Railway Co.—Trackage agreement from NS’s Oakwood Yard to Rights—Burlington Northern, Inc., 354 CP’s intermodal facility. To handle the POV freight from Oakwood Yard to its 1 A redacted version of the trackage rights agreement between CSXT and CP was filed with the intermodal facility at Oak Yard in its notice of exemption. The unredacted version, as own trains, CP asserts that it will need required by 49 CFR 1180.6(a)(7)(ii), was to acquire trackage rights over the Line 2 In a related concurrent filing in Canadian concurrently filed under seal along with a motion to connect with its trackage rights over Pacific Railway—Trackage Rights Exemption— CSX for protective order. The motion is being addressed Transportation, Inc., FD 35548, CP seeks authority in a separate decision. CSXT’s Detroit Subdivision between 2 to acquire trackage rights over approximately 2.5 This transaction is related to a concurrently miles of CSXT’s Detroit Subdivision between filed verified notice of exemption in FD 35549, 1 A redacted version of the draft trackage rights Canadian Pacific Railway Company—Trackage milepost CH 5.0± and milepost CH 7.5±. In agreement between CRC and CP was filed with the Rights Exemption—Consolidated Rail Corporation, notice of exemption. The unredacted version, as Canadian Pacific Railway—Trackage Rights in which CP seeks to obtain overhead trackage required by 49 CFR 1180.6(a)(7)(ii), was Exemption—CSX Transportation, Inc., FD 34033 rights over CRC’s Foreman Wye, between Norfolk concurrently filed under seal along with a motion (STB served May 31, 2001), CP acquired trackage Company milepost 5.2± and for protective order. The motion is being addressed rights over CSXT’s Detroit Subdivision between CSXT milepost CH 5.0±, a total distance of in a separate decision. milepost CH 7.5± and milepost 13.5±. approximately 1,980 feet, in Wayne County, Mich.

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I.C.C. 605 (1978), as modified in excluding the Report of International the BSA has been delegated to the Mendocino Coast Railway, Inc.—Lease Transportation of Currency or Monetary Director of FinCEN. and Operate—California Western Instruments (CMIR).1 The Secretary was granted authority with the enactment of Title 31 U.S.C., to Railroad, 360 I.C.C. 653 (1980). DATES: Comments should be submitted require financial institutions and other This notice is filed under 49 CFR on or before November 15, 2011. 1180.2(d)(7). If the notice contains false persons to file various BSA reports. The or misleading information, the ADDRESSES: Written comments should information collected on the reports is exemption is void ab initio. Petitions to be submitted to: Regulatory Policy and required to be provided pursuant to revoke the exemption under 49 U.S.C. Programs Division, Financial Crimes Title 31 U.S.C., as implemented by 10502(d) may be filed at any time. The Enforcement Network, Department of FinCEN regulations found throughout filing of a petition to revoke will not the Treasury, P.O. Box 39, Vienna, 31 CFR chapter X. The information automatically stay the effectiveness of 22183, Attention: PRA collected pursuant to this authority is the exemption. Stay petitions must be Comments—BSA Required Electronic made available to appropriate agencies filed by September 23, 2011 (at least 7 Filing. BSA Required Electronic Filing and organizations as disclosed in days before the exemption becomes comments also may be submitted by FinCEN’s Privacy Act System of Records effective). electronic mail to the following Internet Notice.3 An original and 10 copies of all address: [email protected], with Current Action: In support of pleadings, referring to Docket No. FD the caption, ‘‘Attention: BSA Required Treasury’s paperless initiative and 35548, must be filed with the Surface Electronic Filing,’’ in the body of the efforts to make the government Transportation Board, 395 E Street, SW., text. operations more efficient, FinCEN has Washington, DC 20423–0001. In Inspection of comments. Comments chosen to mandate electronic filing of addition, a copy of each pleading must may be inspected, between 10 a.m. and certain BSA reports effective June 30, be served on W. Karl Hansen, Leonard, 4 p.m., in the FinCEN reading room in 2012. Street and Deinard, Professional Vienna, VA. Persons wishing to inspect This requirement will significantly Association, 150 South Fifth Street, the comments submitted must request enhance the quality of our electronic Suite 2300, Minneapolis, MN 55402 an appointment with the Disclosure data, improve our analytic capabilities (Counsel for CP). Officer by telephoning (703) 905–5034 in supporting law enforcement requirements, and result in a significant Board decisions and notices are (not a toll free call). reduction in real costs to the U.S. available on our Web site at http:// FOR FURTHER INFORMATION CONTACT: The government and ultimately to U.S. www.stb.dot.gov. FinCEN Regulatory Helpline at 800– taxpayers. Specifically, we propose to Decided: September 13, 2011. 949–2732, select option 7. make mandatory the electronic By the Board. SUPPLEMENTARY INFORMATION: submission of all BSA reports excluding 4 Rachel D. Campbell, Title: Bank Secrecy Act, Reporting the CMIR. Director, Office of Proceedings. Forms, (31 CFR chapter X). Background: Since October 2002, FinCEN has provided financial Jeffrey Herzig, Abstract: The statute generally Clearance Clerk. institutions with the capability of referred to as the ‘‘Bank Secrecy Act,’’ electronically filing BSA reports [FR Doc. 2011–23811 Filed 9–15–11; 8:45 am] Titles I and II of Public Law 91–508, as through its system called BSA E-Filing. BILLING CODE 4915–01–P amended, codified at 12 U.S.C. 1829b, Effective August 2011, the system was 12 U.S.C. 1951–1959, and 31 U.S.C. expanded to support individuals filing 5311–5332, authorizes the Secretary of the Report of Foreign Bank and DEPARTMENT OF THE TREASURY the Treasury (Secretary), inter alia, to Financial Accounts (FBAR) report. BSA require financial institutions to file Financial Crimes Enforcement Network E-Filing is a secure, Web-based reports that are determined to have a electronic filing system. It is a flexible high degree of usefulness in criminal, solution for financial institutions or Agency Information Collection tax, and regulatory matters, or in the Activities; Proposal That Electronic individuals, whether they file one BSA conduct of intelligence or counter- report or thousands. BSA E-Filing is an Filing of Bank Secrecy Act (BSA) intelligence activities to protect against Reports Be Required; Comment accessible service that filers can access international terrorism, and to by using their existing internet Request implement counter-money laundering 2 connections regardless of connection AGENCY: Financial Crimes Enforcement programs and compliance procedures. speed. In addition, it is designed to Network (FinCEN), Treasury. Regulations implementing Title II of the minimize filing errors and provide BSA appear at 31 CFR Chapter X. The ACTION: Notice and request for enhanced feedback to filing institutions authority of the Secretary to administer comments. or individuals, thereby providing a significant improvement in data quality. SUMMARY: FinCEN is proposing to 1 All CMIRs are filed with the Department of BSA E-Filing, which is provided free require electronic filing of certain Bank Homeland Security’s Customs and Border Protection (CBP) at the port of entry/exit or mailed of charge, features streamlined BSA Secrecy Act (BSA) reports not later than to the Commissioner of Customs in Washington, information submission; faster routing June 30, 2012. This requirement will DC. There are no electronic filing capabilities at the of information to law enforcement; significantly enhance the quality of our ports. A CBP contractor keys the data on the greater data security and privacy electronic data, improve our analytic completed form into a data tape that is electronically uploaded to the BSA database. compared with paper forms; long-term capabilities in supporting law FinCEN receives no paper filed CMIRs. enforcement requirements and result in 2 Language expanding the scope of the BSA to 3 Treasury Department bureaus such as FinCEN significant reduction in real costs to the intelligence or counter-intelligence activities to renew their System of Records Notices every three Government and protect against international terrorism was added by years unless there is cause to amend them more Section 358 of the Uniting and Strengthening frequently. FinCEN’s System of Records Notice was ultimately to U.S. taxpayers. America by Providing Appropriate Tools Required most recently published at 73 FR 42405, 42407–9 Specifically, we propose mandatory to Intercept and Obstruct Terrorism Act of 2001 (the (July 21, 2008). electronic submission of all BSA reports USA PATRIOT Act), Public Law 107–56. 4 See supra note 1.

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