6570 Federal Register / Vol. 75, No. 27 / Wednesday, February 10, 2010 / Rules and Regulations 

has been named in the information 

request provided to the institution by 

FinCEN with any questions relating to 

the scope or terms of the request. Except 

as otherwise provided in the 

information request, a financial 

institution shall only be required to 

search its records for: 

* * * * * 

(iv) * * * 

(B)(1) A financial institution shall not 

disclose to any person, other than 

FinCEN or the requesting Treasury 

component, the law enforcement agency 

on whose behalf FinCEN is requesting 

information, or U.S. law enforcement 

attache ́ in the case of a request by a 

foreign law enforcement agency, which 

has been named in the information 

request, the fact that FinCEN has 

requested or has obtained information 

under this section, except to the extent 

necessary to comply with such an 

information request. 

(2) Notwithstanding paragraph 

(b)(3)(iv)(B)(1) of this section, a financial 

institution authorized to share 

information under § 103.110 may share 

information concerning an individual, 

entity, or organization named in a 

request from FinCEN in accordance 

with the requirements of such section. 

However, such sharing shall not 

disclose the fact that FinCEN has 

requested information concerning such 

individual, entity, or organization. 

(C) Each financial institution shall 

maintain adequate procedures to protect 

the security and confidentiality of 

requests from FinCEN for information 

under this section. The requirements of 

this paragraph (b)(3)(iv)(C) shall be 

deemed satisfied to the extent that a 

financial institution applies to such 

information procedures that the 

institution has established to satisfy the 

requirements of section 501 of the 

Gramm-Leach-Bliley Act (15 U.S.C. 

6801), and applicable regulations issued 

thereunder, with regard to the 

protection of its customers’ nonpublic 

personal information. 

* * * * * 

(4) Relation to the Right to Financial 

Privacy Act and the Gramm-LeachBliley Act. The information that a 

financial institution is required to report 

pursuant to paragraph (b)(3)(ii) of this 

section is information required to be 

reported in accordance with a federal 

statute or rule promulgated thereunder, 

for purposes of subsection 3413(d) of 

the Right to Financial Privacy Act (12 

U.S.C. 3413(d)) and subsection 502(e)(8) 

of the Gramm-Leach-Bliley Act (15 

U.S.C. 6802(e)(8)). 

(5) No effect on law enforcement or 

regulatory investigations. Nothing in 

this subpart affects the authority of a 

Federal, State or local law enforcement 

agency or officer, or FinCEN or another 

component of the Department of the 

Treasury, to obtain information directly 

from a financial institution. 

Dated: February 4, 2010. 

James H. Freis, Jr., 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. 2010–2928 Filed 2–9–10; 8:45 am] 

BILLING CODE 4810–02–P 

POSTAL SERVICE 

39 CFR Part 965 

Rules of Practice in Proceedings 

Relative to Mail Disputes 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: This document revises the 

rules of practice of the Postal Service’s 

Office of the Judicial Officer to allow 

qualified persons licensed to practice 

law to be designated by the Judicial 

Officer as presiding officers in 

proceedings relating to mail disputes. 

DATES: Effective Date: March 1, 2010. 

ADDRESSES: Judicial Officer Department, 

United States Postal Service, 2101 

Wilson Boulevard, Suite 600, Arlington, 

VA 22201–3078. 

FOR FURTHER INFORMATION CONTACT: 

Administrative Judge Gary E. Shapiro, 

(703) 812–1910. 

SUPPLEMENTARY INFORMATION: 

A. Executive Summary 

39 CFR Part 965 contains the rules 

governing proceedings involving Mail 

Disputes. Only one change is made. 

Paragraph (a) of section 965.4 of the 

rules has defined the ‘‘presiding officer’’ 

as an Administrative Law Judge or an 

Administrative Judge qualified in 

accordance with law. The revised rule 

expands the definition of presiding 

officer to include any other qualified 

person licensed to practice law 

designated by the Judicial Officer to 

preside over a proceeding conducted 

pursuant to this part. 

B. Summary of Change 

Expanding the definition of presiding 

officer in Part 965 is intended to permit 

qualified staff counsel employed in the 

Office of the Judicial Officer to be 

designated as the initial presiding 

official authorized to conduct 

proceedings and issue Initial Decisions 

in the resolution of mail disputes. 

Administrative Law Judges and 

Administrative Judges qualified in 

accordance with law will continue to be 

designated as presiding officers in such 

matters. The appellate procedure is 

unchanged. 

C. Effective Dates and Applicability 

These revised rules will govern 

proceedings under Part 965 docketed on 

or after March 1, 2010. 

List of Subjects in 39 CFR Part 965 

Administrative practice and 

procedure, Mail disputes, Postal 

Service. 

■ For the reasons stated in the preamble, 

the Postal Service amends 39 CFR Part 

965 as set forth below: 

■ 1. The authority citation for part 965 

continues to read as follows: 

Authority: 39 U.S.C. 204, 401. 

■ 2. In § 965.4, paragraph (a) is revised 

to read as follows: 

§ 965.4 Presiding officers. 

(a) The presiding officer shall be an 

Administrative Law Judge, an 

Administrative Judge qualified in 

accordance with law, or any other 

qualified person licensed to practice law 

designated by the Judicial Officer to 

preside over a proceeding conducted 

pursuant to this part. The Judicial 

Officer assigns cases under this part. 

Judicial Officer includes Associate 

Judicial Officer upon delegation thereto. 

The Judicial Officer may, on his or her 

own initiative or for good cause found, 

preside at the reception of evidence. 

* * * * * 

Stanley F. Mires, 

Chief Counsel, Legislative. 

[FR Doc. 2010–2844 Filed 2–9–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2009–0014; FRL–9113–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Louisiana; Baton Rouge 1-Hour Ozone 

Nonattainment Area; Determination of 

Attainment of the 1-Hour Ozone 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The EPA has determined that 

the Baton Rouge (BR) 1-hour ozone 

nonattainment area has attained the 1- 

hour ozone National Ambient Air 

Quality Standard (NAAQS). This 


cprice-sewell on DSK2BSOYB1PROD with RULES