Unhosted wallet NPRM: reopening of comment period (86 FR 3897)

Bitcoin Research — Law, Regulation, Markets & Origins (2026)

Fincen

2021-01-15

Document text

Research, not advice. Part of the Bitcoin research archive (October 2026). Claims labelled unverified, contested or fringe are reported, not endorsed; statuses of bills and rules are as of the date checked. Government, court and patent records are public domain; the research notes are CC BY 4.0.

Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Proposed Rules                                                 3897

       Persons wishing the FAA to                            CFR) part 71 to establish Class E                        Authority: 49 U.S.C. 106(f), 106(g); 40103,
     acknowledge receipt of their comments                   airspace extending upward from 700                     40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
     on this action must submit with those                   feet above the surface at Tobey Hospital               1959–1963 Comp., p. 389.
     comments a self-addressed stamped                       Heliport, Wareham, MA, providing the                   § 71.1       [Amended]
     postcard on which the following                         controlled airspace required to support
                                                                                                                    ■ 2. The incorporation by reference in
     statement is made: ‘‘Comments to FAA                    the new RNAV (GPS) standard
                                                                                                                    14 CFR 71.1 of Federal Aviation
     Docket No. FAA–2020–1187; Airspace                      instrument approach procedures for IFR
                                                             operations at Tobey Hospital Heliport.                 Administration Order 7400.11E,
     Docket No. 20–ANE–9.’’ The postcard
                                                                Class E airspace designations are                   Airspace Designations and Reporting
     will be date/time stamped and returned
                                                             published in Paragraph 6005, of FAA                    Points, dated July 21, 2020, and
     to the commenter.
       All communications received before                    Order 7400.11E, dated July 21, 2020,                   effective September 15, 2020, is
     the specified closing date for comments                 and effective September 15, 2020, which                amended as follows:
     will be considered before taking action                 is incorporated by reference in 14 CFR                 Paragraph 6005 Class E Airspace Areas
     on the proposed rule. The proposal                      71.1. The Class E airspace designations                Extending Upward From 700 Feet or More
     contained in this document may be                       listed in this document will be                        Above the Surface of the Earth.
     changed in light of the comments                        published subsequently in the Order.                   *        *      *    *    *
     received. All comments submitted will                      FAA Order 7400.11, Airspace
                                                                                                                    ANE MA E5 Wareham, MA [New]
     be available for examination in the                     Designations and Reporting Points, is
     public docket both before and after the                 published yearly and effective on                      Tobey Hospital Heliport, MA
                                                             September 15.                                            (Lat. 41°58′49.18.14″ N, long. 70°42′52.10″
     comment closing date. A report                                                                                      W)
     summarizing each substantive public                     Regulatory Notices and Analyses                        That airspace extending upward from 700
     contact with FAA personnel concerned                                                                           feet above the surface within a 6-mile radius
     with this rulemaking will be filed in the                 The FAA has determined that this
                                                             proposed regulation only involves an                   of Tobey Hospital Heliport.
     docket.
                                                             established body of technical                             Issued in College Park, Georgia, on January
     Availability of NPRMs                                   regulations for which frequent and                     7, 2021.
        An electronic copy of this document                  routine amendments are necessary to                    Andreese C. Davis,
     may be downloaded through the                           keep them operationally current. It,                   Manager, Airspace & Procedures Team South,
     internet at https://www.regulations.gov.                therefore: (1) Is not a ‘‘significant                  Eastern Service Center, Air Traffic
     Recently published rulemaking                           regulatory action’’ under Executive                    Organization.
     documents can also be accessed through                  Order 12866; (2) is not a ‘‘significant                [FR Doc. 2021–00444 Filed 1–14–21; 8:45 am]
     the FAA’s web page at https://                          rule’’ under DOT Regulatory Policies                   BILLING CODE 4910–13–P
     www.faa.gov/air_traffic/publications/                   and Procedures (44 FR 11034; February
     airspace_amendments/.                                   26, 1979); and (3) does not warrant
        You may review the public docket                     preparation of a Regulatory Evaluation                 DEPARTMENT OF THE TREASURY
     containing the proposal, any comments                   as the anticipated impact is so minimal.
     received and any final disposition in                   Since this is a routine matter that will               Financial Crimes Enforcement Network
     person in the Dockets Office (see the                   only affect air traffic procedures and air
     ADDRESSES section for address and                       navigation, it is certified that this                  31 CFR Parts 1010, 1020, and 1022
     phone number) between 9:00 a.m. and                     proposed rule, when promulgated, will
                                                             not have a significant economic impact                 RIN 1506–AB47
     5:00 p.m., Monday through Friday,
     except federal holidays. An informal                    on a substantial number of small entities              Requirements for Certain Transactions
     docket may also be examined between                     under the criteria of the Regulatory                   Involving Convertible Virtual Currency
     8:00 a.m. and 4:30 p.m., Monday                         Flexibility Act.                                       or Digital Assets
     through Friday, except federal holidays                 Environmental Review
     at the office of the Eastern Service                                                                           AGENCY: Financial Crimes Enforcement
                                                                This proposal will be subject to an                 Network (‘‘FinCEN’’), Treasury.
     Center, Federal Aviation
                                                             environmental analysis in accordance                   ACTION: Notice of proposed rulemaking;
     Administration, Room 350, 1701
                                                             with FAA Order 1050.1F,                                reopening of comment period.
     Columbia Avenue, College Park, GA
                                                             ‘‘Environmental Impacts: Policies and
     30337.
                                                             Procedures’’, prior to any FAA final                   SUMMARY: On December 23, 2020,
     Availability and Summary of                             regulatory action.                                     FinCEN published a notice of proposed
     Documents for Incorporation by                                                                                 rulemaking proposing requirements for
                                                             Lists of Subjects in 14 CFR Part 71
     Reference                                                                                                      banks and money services businesses
                                                               Airspace, Incorporation by reference,                (‘‘MSBs’’) related to certain transactions
       This document proposes to amend
                                                             Navigation (air).                                      involving convertible virtual currency
     FAA Order 7400.11E, Airspace
     Designations and Reporting Points,                      The Proposed Amendment                                 (‘‘CVC’’) or digital assets with legal
     dated July 21, 2020, and effective                                                                             tender status (‘‘legal tender digital
                                                               In consideration of the foregoing, the
     September 15, 2020. FAA Order                                                                                  assets’’ or ‘‘LTDA’’). As set forth below,
                                                             Federal Aviation Administration
     7400.11E is publicly available as listed                                                                       FinCEN is identifying additional
                                                             proposes to amend 14 CFR part 71 as
     in the ADDRESSES section of this                                                                               statutory authority for the proposed rule
                                                             follows:
     document. FAA Order 7400.11E lists                                                                             under the Anti-Money Laundering Act
     Class A, B, C, D, and E airspace areas,                 PART 71—DESIGNATION OF CLASS A,                        of 2020, providing additional
     air traffic service routes, and reporting               B, C, D, AND E AIRSPACE AREAS; AIR                     information regarding the reporting
     points.                                                 TRAFFIC SERVICE ROUTES; AND                            form, and reopening the comment
                                                             REPORTING POINTS                                       period for the proposal. Specifically,
     The Proposal                                                                                                   FinCEN is providing an additional 15
       The FAA proposes an amendment to                      ■ 1. The authority citation for part 71                days for comments on the proposed
     Title 14 Code of Federal Regulations (14                continues to read as follows:                          reporting requirements regarding

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     3898                     Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Proposed Rules

     information on CVC or LTDA                              transactions that is similar to the                    instruments’’ pursuant to paragraph (D)
     transactions greater than $10,000, or                   recordkeeping and travel rule                          of 31 U.S.C. 5312(a)(3), as amended.
     aggregating to greater than $10,000, that               regulations pertaining to funds transfers              Specifically, pursuant to 31 U.S.C.
     involve unhosted wallets or wallets                     and transmittals of funds. The original                5312(a)(3)(D), CVC and LTDA are both
     hosted in a jurisdiction identified by                  comment period formally closed on                      value that substitute for currency and
     FinCEN. FinCEN is providing an                          January 7, 2021, although FinCEN took                  are therefore ‘‘monetary instruments’’
     additional 45 days for comments on the                  steps to ensure comments could still be                under the BSA.
     proposed requirements that banks and                    received after that date.2                                As FinCEN specified in the December
     MSBs report certain information                            On January 1, 2021, the Anti-Money                  Notice, the determination at 31 CFR
     regarding counterparties to transactions                Laundering Act of 2020 (Division F of                  1010.316(a) is not intended to affect the
     by their hosted wallet customers, and on                Pub. L. 116–283) (‘‘AML Act of 2020’’)                 regulatory definition of ‘‘monetary
     the proposed recordkeeping                              became law. The AML Act of 2020                        instruments’’ at 31 CFR 1010.100(dd), or
     requirements.                                           amended 31 U.S.C. 5312(a)(3), the                      the use of that regulatory definition
     DATES: The comment period for the                       definition of ‘‘monetary instruments’’ in              elsewhere in FinCEN’s regulations,
     proposed rule published on December                     the Bank Secrecy Act (‘‘BSA’’), on                     including in relation to the currency
     23, 2020 (85 FR 83840) is reopened for                  which Treasury proposed to rely to                     transaction reporting requirements at 31
     15 days for comments on the proposed                    determine that CVC and LTDA are                        CFR 1010.311 and the transportation of
     reporting requirements and for 45 days                  monetary instruments. As amended by                    currency or monetary instruments
     for comments on the proposed                            the AML Act of 2020, the BSA now                       reporting requirements at 31 CFR
     requirement to report counterparty                      defines the term monetary instruments                  1010.340.4
     information and the proposed                            as United States coins and currency; as                   The AML Act of 2020 also amended
     recordkeeping requirements. Written                     the Secretary may prescribe by                         31 U.S.C. 5318(a)(2), granting the
     comments are now therefore due with                     regulation, coins and currency of a                    Secretary additional authority to
     respect to the proposed reporting                       foreign country, travelers’ checks, bearer             implement reporting requirements.
     requirements (except with respect to                    negotiable instruments, bearer                         Specifically, the Secretary may require a
     reporting of counterparty information)                  investment securities, bearer securities,              class of domestic financial institutions
     on February 1, 2021, and with respect                   stock on which title is passed on                      to ‘‘maintain appropriate procedures,
     to all other aspects of the proposed rule               delivery, and similar material; as the                 including the collection and reporting of
     on March 1, 2021.                                       Secretary of the Treasury shall provide                certain information as the Secretary of
                                                             by regulation for purposes of sections                 the Treasury may prescribe by
     ADDRESSES: Comments may be
                                                             5316 and 5331, checks, drafts, notes,                  regulation, to ensure compliance with
     submitted by any of the following
                                                             money orders, and other similar                        [subchapter 53 of title 31 of the U.S.
     methods:
        • Federal E-rulemaking Portal: http://               instruments which are drawn on or by                   Code] and regulations prescribed under
     www.regulations.gov. Follow the                         a foreign financial institution and are                [such] subchapter or to guard against
     instructions for submitting comments.                   not in bearer form; and, as the Secretary              money laundering, the financing of
     Refer to Docket Number FINCEN–2020–                     shall provide by regulation, value that                terrorism, or other forms of illicit
     0020 and the specific RIN number                        substitutes for any monetary instrument                finance.’’ Thus, in addition to the
     1506–AB47 to which the comment                          described in the other categories.3                    authority cited in the December Notice,
     applies.                                                   In the December Notice, FinCEN                      the proposed rule relies on authority
        • Mail: Policy Division, Financial                   proposed prescribing by regulation that                under 31 U.S.C. 5318(a)(2) to extend
     Crimes Enforcement Network, P.O. Box                    CVC and LTDA are monetary                              transaction reporting requirements to
     39, Vienna, VA 22183. Refer to Docket                   instruments because they constitute                    CVC/LTDA transactions.5
     Number FINCEN–2020–0020 and the                         ‘‘similar material’’ to instruments                       Reports required by the proposed rule
     specific RIN number.                                    described in 31 U.S.C. 5312(a)(3)(B)                   would be submitted on a Value
                                                             (‘‘coins and currency of a foreign                     Transaction Report form similar to the
     FOR FURTHER INFORMATION CONTACT: The
                                                             country, travelers’ checks, bearer                     existing FinCEN Currency Transaction
     FinCEN Regulatory Support Section at
                                                             negotiable instruments, bearer                         Report (‘‘CTR’’) Form 112. The form
     1–800–767–2825 or electronically at
                                                             investment securities, bearer securities,              would be submitted through the existing
     [email protected].
                                                             [and] stock on which title is passed on                BSA E-filling system and would be able
     SUPPLEMENTARY INFORMATION: On                           delivery. . . .’’). As the December                    to be batch reported.6 Filers would be
     December 18, 2020, FinCEN filed with                    Notice explained, CVC and LTDA are                     able submit information commonly
     the Federal Register a notice of                        ‘‘similar material’’ to ‘‘coins and                    associated with CVC and LTDA
     proposed rulemaking (the ‘‘December                     currency of a foreign country, travelers’              transactions, such as:
     Notice’’). The December Notice was                      checks, bearer negotiable instruments,
     published in the Federal Register on                    bearer investment securities, bearer                     4 Nor is this regulatory determination intended to
     December 23, 2020.1 In the December                     securities, [and] stock on which title is              have any impact on the definition of ‘‘currency’’ in
     Notice, FinCEN proposed to address the                  passed on delivery. . . .’’ FinCEN now                 31 CFR 1010.100(m). Furthermore, nothing in the
     threat of illicit finance with respect to               intends to prescribe by regulation that                proposal is intended to constitute a determination
     certain transactions involving CVC or                                                                          that any CVC or LTDA that is within the regulatory
                                                             CVC and LTDA are ‘‘monetary                            definition of ‘‘monetary instruments’’ prescribed
     LTDA by (i) establishing new reporting                                                                         pursuant to 31 U.S.C. 5312(a)(3) is currency for the
     requirements for certain CVC or LTDA                      2 Members of the public have continued to be able    purposes of the federal securities laws, 15 U.S.C.
     transactions analogous to existing                      to, and have in fact continued to, submit comments     78c(47), or the federal derivatives laws, 7 U.S.C. 1–
     currency transaction reports, and (ii)                  since January 7, 2021. FinCEN will continue to         26, and the regulations promulgated thereunder.
                                                             review comments submitted after the filing of the      Finally, this determination is intended to have no
     establishing new recordkeeping                          original notice of proposed rulemaking, including      impact on the taxability of CVC or LTDA.
     requirements for certain CVC or LTDA                    comments received between January 7, 2021 and            5 31 U.S.C. 5318(a)(2), as amended by section

                                                             January 15, 2021.                                      6101(b) of the AML Act of 2020.
       1 Requirements for Certain Transactions Involving       3 31 U.S.C. 5312(a)(3), as amended by section          6 The user guide for the existing CTR form is

     Convertible Virtual Currency or Digital Assets, 85      6102(d) of the AML Act of 2020, which added            available at: https://bsaefiling.fincen.treas.gov/docs/
     FR 83840 (Dec. 23, 2020).                               paragraph (D).                                         XMLUserGuide_FinCENCTR.pdf.

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                              Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Proposed Rules                                            3899

        (a) The CVC or LTDA type used in the                 proposed reporting requirements,                       DEPARTMENT OF HOMELAND
     transaction;                                            FinCEN notes that these proposed                       SECURITY
        (b) The transaction amount;                          requirements are essentially equivalent
        (c) The assessed transaction value (in               to the existing CTR reporting                          Coast Guard
     U.S. dollars);                                          requirements that apply to transactions
        (d) The date and time of the                         in currency. The proposed rule is a vital              33 CFR Part 96
     transaction;
                                                             loophole-closing measure to prevent
        (e) The transaction hash;                                                                                   46 CFR Parts 71, 115, and 176
        (f) CVC or LTDA addresses involved                   illicit transactions using CVC and
     in the transaction, and if they are hosted              LTDA, including the financing of
                                                             terrorism, in light of the fact that such              [Docket No. USCG–2020–0123]
     or unhosted;
        (g) The name and physical address of                 transactions would otherwise be subject
     each counterparty to the transaction of                 to familiar and long-established                       RIN 1625–AC65
     the financial institution’s customer; and               reporting requirements if they were in
                                                                                                                    Safety Management Systems for
        (h) Other information readily                        cash. The proposal is also consistent
                                                                                                                    Domestic Passenger Vessels
     available to the bank or MSB, which                     with Congress’s recent expansion of the
     aids in identifying the specific reported               definition of ‘‘monetary instrument’’ in               AGENCY: Coast Guard, DHS.
     transaction(s), the means by which it                   the BSA, which reflects the expectation                ACTION: Advance notice of proposed
     was conducted, and the parties                          that FinCEN would bring CVC and                        rulemaking.
     involved.                                               LTDA within monetary instrument
        A final rule implementing these                      reporting requirements. FinCEN notes                   SUMMARY: The Coast Guard is evaluating
     proposed reporting requirements would                   that a large number of commenters                      the potential use of Safety Management
     be effective 30 days after its publication,             agreed it is fully appropriate for FinCEN              Systems (SMSs) to improve safety and
     except that the requirement to report                                                                          reduce marine casualties on board U.S.-
                                                             to finalize a rule providing similar
     counterparty information (if adopted)                                                                          flagged passenger vessels. In this
                                                             regulatory treatment to similar activity.
     would not take effect for 60 days given                                                                        document, the Coast Guard is seeking
     the additional complexity it may                        FinCEN welcomes comments during
                                                                                                                    public input and responses to specific
     present.                                                this reopened comment period on
                                                                                                                    questions on the feasibility,
        FinCEN also continues to invite                      FinCEN’s application of new statutory
                                                                                                                    applicability, and nature of SMSs for
     comment on the portion of the                           authority pursuant to the BSA                          potential use on U.S.-flagged passenger
     December Notice related to proposed                     amendments made by the AML Act of                      vessels. The Coast Guard may use this
     independent recordkeeping obligations                   2020. In addition, several commenters                  information to develop a proposed rule
     for transactions greater than $3,000. Any               noted the need for additional                          regarding SMSs; if so, notification of
     final rule implementing the                             information on the nature of the reports               that proposed rule would appear in the
     recordkeeping requirements would be                     required by the proposal in order to                   Federal Register under this docket
     effective 60 days after its publication.                provide an assessment of potential costs               number.
        Comments on the December Notice:                     and benefits of the proposed rule. As
     FinCEN reviewed and considered 7,506                                                                           DATES: Comments and related material
                                                             indicated in the supplementary
     comments submitted in response to the                                                                          must be received by the Coast Guard on
                                                             information, FinCEN intends to use a
     December Notice prior to January 8,                                                                            or before April 15, 2021.
                                                             form similar to the existing CTR form
     2021. Commenters included financial                                                                            ADDRESSES: You may submit comments
                                                             and requests further comment in light of
     institutions and companies that provide                                                                        identified by docket number USCG–
                                                             this additional information.
     services related to CVC or LTDA,                                                                               2020–0123 using the Federal
     academics, trade organizations,                            With respect to the additional 45 days              eRulemaking Portal at https://
     cryptocurrency development groups,                      for comments on the proposed                           www.regulations.gov. See the ‘‘Public
     non-profit organizations, customers and                 recordkeeping requirements and the                     Participation and Request for
     employees of companies that provide                     proposed requirement to report                         Comments’’ portion of the
     services related to CVC or LTDA, and                    counterparty information, FinCEN is                    SUPPLEMENTARY INFORMATION section for
     cryptocurrency owners and other                         providing a longer period in light of the              further instructions on submitting
     individuals (both domestic and foreign),                somewhat greater complexity of those                   comments.
     as well as anonymous sources.                           aspects of the proposed rule and various               FOR FURTHER INFORMATION CONTACT: For
     Commenters addressed a range of                         issues identified in comments received                 information about this document, call or
     considerations, including implications                  during the original comment period.                    email Lieutenant Kimberly Gates, Vessel
     for technological development and other                                                                        and Facility Operating Standards
                                                             Kenneth A. Blanco,
     forms of innovation, the economics of                                                                          Division (CG–OES–2), U.S. Coast Guard,
     the digital asset industry, U.S. economic               Director, Financial Crimes Enforcement
                                                             Network.
                                                                                                                    2703 Martin Luther King Jr. Avenue SE,
     competitiveness, compliance matters,                                                                           Washington, DC 20593; telephone 202–
     data security and privacy, utility to law               [FR Doc. 2021–01016 Filed 1–14–21; 8:45 am]
                                                                                                                    372–1455, email kimberly.m.gates@
     enforcement, and procedural aspects of                  BILLING CODE 4810–02–P                                 uscg.mil.
     the December Notice (including the
     length of the comment period).                                                                                 SUPPLEMENTARY INFORMATION:
        Determination to Reopen the Public                                                                          Table of Contents for Preamble
     Comment Period: FinCEN appreciates
     the substantial response from                                                                                  I. Public Participation and Request for
                                                                                                                          Comments
     commenters during the original                                                                                 II. Abbreviations
     comment period, and FinCEN welcomes                                                                            III. Background
     further comment in the reopened                                                                                IV. Advance Notice of Proposed Rulemaking
     comment periods. With respect to the                                                                                 Discussion
     additional 15 days for comments on the                                                                         V. Information Requested

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