Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules 60397 

section shall consist of electronic 

submissions filed in a format approved 

by FinCEN either discretely, on a 

transaction-by-transaction basis, or by 

batching transactions. FinCEN may 

authorize a designated reporting 

financial institution to report in a nonelectronic manner if the financial 

institution demonstrates to FinCEN that 

the form of the required report is 

unnecessarily onerous on the institution 

as prescribed; that a report in a different 

form will provide the information 

FinCEN deems necessary; and that 

submission of the information in a 

different manner will not unduly hinder 

the effective administration of this part. 

(e) Annual Reports. On an annual 

basis, all banks must submit to FinCEN 

a report that provides the following 

information: the number of the account 

that was credited or debited to originate 

or receive a cross-border electronic 

transmittal of funds, and the U.S. 

taxpayer identification number of the 

respective accountholder. This report 

shall be submitted to FinCEN no later 

than April 15 of the year following the 

transaction date of the cross-border 

electronic transmittal of funds. The 

report shall be in a form and manner to 

be determined by FinCEN. 

(f) Exemptions. The following crossborder electronic transmittals of funds 

are not subject to the reporting 

requirements of paragraphs (a) and (e) of 

this section: 

(1) Cross-border electronic 

transmittals of funds where either the 

transmittor is a bank and the recipient 

is a foreign bank, or the transmittor is 

a foreign bank and the recipient is a 

bank and, in each case, there is no thirdparty customer to the transaction; or 

(2) The transmittal order and advice 

of the transmittal order are 

communicated solely through systems 

proprietary to a bank. 

Dated: September 24, 2010. 

James H. Freis, Jr., 

Director, Financial Crimes Enforcement 

Network. 

[FR Doc. 2010–24417 Filed 9–29–10; 8:45 am] 

BILLING CODE 4810–02–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 285 

[DoD–OS–2010–0103; RIN 0790–AI51] 

DoD Freedom of Information Act 

(FOIA) Program 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: The Department of Defense is 

proposing to update current policies 

and procedures to reflect the DoD FOIA 

Program as prescribed by Executive 

Order 13392. The changes will ensure 

appropriate agency disclosure of 

information and offer consistency with 

the goals of section 552 of title 5, United 

States Code. 

DATES: Submit comments on or before 

November 29, 2010. 

ADDRESSES: You may submit comments, 

identified by docket number and or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Room 3C843, Washington, DC 20301– 

1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Hogan, (703) 696–468 fax 

number: (703) 696–4506. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that 32 CFR part 

285 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

state, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Sec. 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

285 does not contain a Federal mandate 

that may result in the expenditure by 

state, local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

285 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

285 does not impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that this rule does 

not have federalism implications, as set 

forth in Executive Order 13132. This 

rule does not have substantial direct 

effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 285 

Freedom of information. 

Accordingly, 32 CFR part 285 is 

proposed to be amended as follows. 

PART 285—[AMENDED] 

1. The authority citation for part 285 

continues to read as follows: 

Authority: 5 U.S.C. 552. 

2. Section 285.1 is amended by 

revising paragraph (c) to read as follows: 

§ 285.1 Purpose. 

* * * * * 

(c) Implements E.O. 13392, 

Presidential Memorandum, ‘‘Freedom of 

Information Act,’’ January 21, 2009 

(available at http:// 

www.whitehouse.gov/the_press_office/ 

Freedom_of_Information_Act/), and 

Attorney General Memorandum, ‘‘The 

Freedom of Information Act (FOIA),’’ 

March 19, 2009 (available at http:// 

www.justice.gov/ag/foia-memomarch2009.pdf) within the Department 

of Defense. 

* * * * * 

3. Section 285.2 is amended by 

revising paragraph (a) to read as follows: 

§ 285.2 Applicability. 

* * * * * 

(a) The Office of the Secretary of 

Defense (OSD), the Military 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
60398 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules 

Departments, the Chairman of the Joint 

Chiefs of Staff and the Joint Staff, the 

Combatant Commands, the Office of the 

Inspector General of the Department of 

Defense, the Defense Agencies, the DoD 

Field Activities, and all other 

organizational entities in the 

Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

* * * * * 

4. Section 285.3 is amended by 

revising paragraph (a) to read as follows: 

§ 285.3 Policy. 

* * * * * 

(a) Promote transparency and 

accountability by adopting a 

presumption in favor of disclosure in all 

decisions involving the FOIA and 

responding promptly to requests in a 

spirit of cooperation. 

* * * * * 

5. Section 285.4 is amended by: 

a. Revising paragraph (a)(1), the first 

sentence of paragraph (a)(3), paragraph 

(a)(4), and paragraph (e)(7). 

b. Adding a sentence to the end of 

paragraph (e)(5). 

The revisions and amendments read 

as follows: 

§ 285.4 Responsibilities. 

(a) * * * 

(1) Serve as the DoD Chief FOIA 

Officer in accordance with Section 552 

of title 5, United States Code. 

* * * * * 

(3) Designate the FOIA Public 

Liaisons for the Department of Defense 

in accordance with Section 552 of title 

5, United States Code. * * * 

(4) Prepare and submit to the Attorney 

General the DoD Annual Freedom of 

Information Act Report as required by 5 

U.S.C., and other reports as required by 

E.O. 13392 and Attorney General 

Memorandum, ‘‘The Freedom of 

Information Act (FOIA),’’ March 19, 

2009. 

* * * * * 

(e) * * * 

(5) * * * Additionally, DoD 

Component FOIA offices will provide 

DFOIPO with information copies of 

significant FOIA requests and 

responses. 

* * * * * 

(7) Submit to the DA&M, through 

DFOIPO, DoD Component inputs to the 

DoD FOIA Annual Report prescribed in 

32 CFR part 286 and E.O. 13392 and 

other reports or data requested by the 

DA&M. All such submissions will be 

made by the FOIA Public Liaisons. 

* * * * * 

Dated: September 24, 2010. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2010–24537 Filed 9–29–10; 8:45 am] 

BILLING CODE 5001–06–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R09–RCRA–2010–0598; FRL–9205–1] 

California: Proposed Authorization of 

State Hazardous Waste Management 

Program Revision 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: California has applied to EPA 

for final authorization of certain changes 

to its hazardous waste program under 

the Resource Conservation and 

Recovery Act (RCRA). EPA has 

reviewed California’s application and 

made the tentative decision that these 

changes satisfy all requirements needed 

to qualify for final authorization, and is 

proposing to authorize the State’s 

changes. EPA is also proposing that the 

State’s requirements regulating facilities 

that are conditionally exempt from the 

federal rules as Conditionally Exempt 

Small Quantity Generators (‘‘CESQGs’’) 

be treated as more stringent than federal 

requirements, thereby making these 

provisions federally enforceable. 

DATES: EPA must receive written 

comments on California’s application 

for authorization for changes to its 

hazardous waste management program 

by November 1, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

RCRA–2010–0598 by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: smith.rebecca@epa.gov. 

• Fax: (415) 947–3533 (prior to 

faxing, please notify Rebecca Smith at 

415–972–3313) 

• Mail: Send written comments to: 

Rebecca Smith, WST–2, EPA Region 9, 

75 Hawthorne Street, San Francisco, CA 

94105–3901. 

• Hand Delivery or Courier: Rebecca 

Smith, EPA Region 9 (WST–2), 75 

Hawthorne Street, San Francisco, CA 

94105. Such deliveries are only 

accepted during the office’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: We must receive your 

comments by November 1, 2010. Direct 

your comments to Docket ID No. EPA– 

R09–RCRA–2010–0598. EPA’s policy is 

that all comments received will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information the disclosure of which is 

restricted by statute, or you make 

special arrangements with the EPA 

contact. Do not submit information that 

you consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If you do 

so, this information will become a part 

of the public record, unless you have 

made arrangements with EPA prior to 

the submittal of your comments. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. (For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm). 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy. 

You may view and copy California’s 

application at the following addresses: 

California Environmental Protection 

Agency, Environmental Services Center, 

1001 I Street, 22nd Floor, Sacramento, 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1