Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules 60375 

M. Section 3521. Post Permit Issuance 

Requirements for Regulatory Authorities 

and Other Actions Based on Ownership, 

Control, and Violation Information 

Louisiana proposes to add this section 

to closely follow 30 CFR 774.11. 

N. Section 3523. Post-Permit Issuance 

Information Requirements for 

Permittees 

Louisiana proposes to add this section 

to closely follow 30 CFR 774.12. 

O. Section 3517. Transfer, Assignment 

or Sale of Permit Rights: Obtaining 

Approval 

Louisiana proposes to amend 

paragraph C.1 to closely follow 30 CFR 

774.17. 

P. Section 2304. Certifying and 

Updating Existing Permit Application 

Information 

Louisiana proposes to add this section 

to closely follow 30 CFR 778.9. 

Q. Section 2305. Identification of 

Interests 

Louisiana proposes to amend 

paragraphs A.1, A.2, A.3, and A.4 to 

closely follow 30 CFR 778.11. 

R. Section 2307. Compliance 

Information 

Louisiana proposes to amend 

paragraphs A.1 and A.3 to closely 

follow 30 CFR 778.14. 

S. Section 5414. Backfilling and 

Grading: Previously Mined Areas 

Louisiana proposed to add this 

section to closely follow 30 CFR 

816.106. 

T. Section 6501. Cessation Orders 

Louisiana proposes to amend 

paragraph G to closely follow 30 CFR 

843.11. 

U. Section 8509. Contractor Eligibility 

Louisiana proposed to add this 

section to closely follow 30 CFR 874.16. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. 

Under the provisions of 30 CFR 

884.15(a), we are requesting comments 

on whether the amendment satisfies the 

applicable State reclamation plan 

approval criteria of 30 CFR 884.14. If we 

approve the amendment, it will become 

part of the Louisiana plan. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent State or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed (see ADDRESSES) 

will be included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., c.d.t. on October 15, 2010. If you 

are disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

public hearing provide us with a written 

copy of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendment, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings are open to 

the public and, if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 918 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: April 7, 2010. 

William Joseph, 

Acting Regional Director, Mid-Continent 

Region. 

[FR Doc. 2010–24601 Filed 9–29–10; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 944 

[SATS No. UT–047–FOR; Docket ID OSM– 

2010–0012] 

Utah Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
60376 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We are announcing receipt of 

a proposed amendment to the Utah 

regulatory program (hereinafter, the 

‘‘Utah program’’) under the Surface 

Mining Control and Reclamation Act of 

1977 (‘‘SMCRA’’ or ‘‘the Act’’). Utah 

proposes revisions to and additions of 

rules about Valid Existing Rights 

(‘‘VER’’). Utah intends to revise its 

program to be consistent with the 

corresponding Federal regulations. 

This document gives the times and 

locations that the Utah program and 

proposed amendment to that program 

are available for your inspection, the 

comment period during which you may 

submit written comments on the 

amendment, and the procedures that we 

will follow for the public hearing, if one 

is requested. 

DATES: We will accept written 

comments on this amendment until 

4 p.m., m.d.t. November 1, 2010. If 

requested, we will hold a public hearing 

on the amendment on October 25, 2010. 

We will accept requests to speak until 

4 p.m., m.d.t. on October 15, 2010. 

ADDRESSES: You may submit comments 

by either of the following two methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. This proposed 

rule has been assigned Docket ID: OSM– 

2010–0012. If you would like to submit 

comments through the Federal 

eRulemaking Portal, go to http:// 

www.regulations.gov and follow the 

instructions. 

• Mail/Hand Delivery/Courier: James 

F. Fulton, Chief Denver Field Division, 

Office of Surface Mining Reclamation 

and Enforcement, 1999 Broadway, Suite 

3320, Denver, CO 80202. 

For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘III. Public Comment 

Procedures’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

In addition to viewing the docket and 

obtaining copies of documents at 

http://www.regulations.gov, you may 

review copies of the Utah program, this 

amendment, a listing of any public 

hearings, and all written comments 

received in response to this document at 

the addresses listed below during 

normal business hours, Monday through 

Friday, excluding holidays. You may 

also receive one free copy of the 

amendment by contacting OSM’s 

Denver Office. 

James F. Fulton, Chief, Denver Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 1999 

Broadway, Suite 3320, Denver, CO 

80202, (303) 293–5015, 

jfulton@OSMRE.gov. 

John R. Baza, Director, Utah Division of 

Oil, Gas and Mining, 1594 West North 

Temple, Suite 1210, Salt Lake City, 

UT 84116, (801) 538–5334, 

johnbaza@utah.gov. 

FOR FURTHER INFORMATION CONTACT: 

James F. Fulton, Chief, Denver Field 

Division, Office of Surface Mining 

Reclamation and Enforcement, 1999 

Broadway, Suite 3320, Denver, CO 

80202 Telephone: (303) 293–5015. 

Internet: jfulton@OSMRE.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Utah Program 

II. Description of the Proposed Amendment 

III. Public Comment Procedures 

IV. Procedural Determinations 

I. Background on the Utah Program 

Section 503(a) of the Act permits a 

State to assume primacy for the 

regulation of surface coal mining and 

reclamation operations on non-Federal 

and non-Indian lands within its borders 

by demonstrating that its State program 

includes, among other things, ‘‘a State 

law which provides for the regulation of 

surface coal mining and reclamation 

operations in accordance with the 

requirements of this Act * * *; and 

rules and regulations consistent with 

regulations issued by the Secretary 

pursuant to this Act.’’ See 30 U.S.C. 

1253(a)(1) and (7). On the basis of these 

criteria, the Secretary of the Interior 

conditionally approved the Utah 

program on January 21, 1981. You can 

find background information on the 

Utah program, including the Secretary’s 

findings, the disposition of comments, 

and the conditions of approval of the 

Utah program in the January 21, 1981, 

Federal Register (46 FR 5899). You can 

also find later actions concerning Utah’s 

program and program amendments at 30 

CFR 944.15, and 944.30. 

II. Description of the Proposed 

Amendment 

By letter dated August 9, 2010, Utah 

sent us a proposed amendment to its 

program (Administrative Record No. 

UT–1224) under SMCRA (30 U.S.C. 

1201 et seq.). Utah sent the amendment 

in response to a February 1, 2008, letter 

(Administrative Record No. UT–1223) 

that we sent to Utah. The letter notified 

Utah that OSM’s December 17, 2000, 

Valid Existing Rights rule changes had 

been upheld in court and the State 

should respond to our September 19, 

2000, letter (Administrative Record No. 

UT–1149) sent in accordance with 30 

CFR 732.17(c). That letter required Utah 

to submit amendments to ensure its 

program remains consistent with the 

Federal program. This amendment 

package is intended to address all 

required rule changes pertaining to 

Valid Existing Rights. 

Specifically, Utah proposes to amend 

its administrative rules at R645–100– 

200 (Definitions); R645–103–224; R645– 

103–225; R645–103–230 through R645– 

103–240; R645–201–328; R645–201– 

342; R645–300–133; R645–301–115; and 

R645–301–411. The full text of the 

program amendment is available for you 

to read at the locations listed above 

under ADDRESSES. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the Utah program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent Tribal or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed above (see 

ADDRESSES) will be included in the 

docket for this rulemaking and 

considered. 

Public Availability of Comments 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available in the 

electronic docket for this rulemaking at 

http://www.regulations.gov. While you 

can ask us in your comment to withhold 

your personal identifying information 

from public review, we cannot 

guarantee that we will be able to do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 

4 p.m., m.d.t. on October 15, 2010. If 

you are disabled and need reasonable 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules 60377 

1 12 U.S.C. 1829b(b)(2) (2006). Treasury has 

independent authority to issue regulations requiring 

nonbank financial institutions to maintain records 

of domestic transmittals of funds. 

2 12 U.S.C. 1829b(b)(3) (2006). 

3 Id. 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

the hearing. If only one person 

expresses an interest, a public meeting 

rather than a hearing may be held, with 

the results included in the docket for 

this rulemaking. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at a public 

hearing provide us with a written copy 

of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866 

(Regulatory Planning and Review). 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 944 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: August 12, 2010. 

Allen D. Klein, 

Director, Western Region. 

[FR Doc. 2010–24599 Filed 9–29–10; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF THE TREASURY 

31 CFR Part 103 

RIN 1506–AB01 

Financial Crimes Enforcement 

Network; Cross-Border Electronic 

Transmittals of Funds 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: FinCEN, a bureau of the 

Department of the Treasury (Treasury), 

to further its efforts against money 

laundering and terrorist financing, and 

is proposing to issue regulations that 

would require certain banks and money 

transmitters to report to FinCEN 

transmittal orders associated with 

certain cross-border electronic 

transmittals of funds (CBETFs). FinCEN 

is also proposing to require an annual 

filing with FinCEN by all banks of a list 

of taxpayer identification numbers of 

accountholders who transmitted or 

received a CBETF. 

DATES: Written comments are welcome 

and must be received on or before 

December 29, 2010 [See the Compliance 

Date heading of the SUPPLEMENTARY

INFORMATION for further dates.] 

ADDRESSES: Those submitting comments 

are encouraged to do so via the Internet. 

Comments submitted via the Internet 

may be submitted at http:// 

www.regulations.gov/search/index.jsp 

with the caption in the body of the text, 

‘‘Attention: Cross-Border Electronic 

Transmittals of Funds.’’ Comments may 

also be submitted by written mail to: 

Financial Crimes Enforcement Network, 

Department of the Treasury, P.O. Box 

39, Vienna, VA 22183, Attention: CrossBorder Electronic Transmittals of 

Funds. Please submit your comments by 

one method only. All comments 

submitted in response to this notice of 

proposed rulemaking will become a 

matter of public record, therefore, you 

should submit only information that 

will be available publicly. 

Instructions: Comments may be 

inspected, between 10 a.m. and 4 p.m., 

in the FinCEN reading room in Vienna, 

VA. Persons wishing to inspect the 

comments submitted must obtain in 

advance an appointment with the 

Disclosure Officer by telephoning (703) 

905–5034 (not a toll free call). In 

general, FinCEN will make all 

comments publicly available by posting 

them on http://www.regulations.gov/ 

search/index.jsp. 

FOR FURTHER INFORMATION CONTACT: The 

FinCEN regulatory helpline at (800) 

949–2732 and select Option 3. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Provisions 

The Bank Secrecy Act (BSA) (Pub. L. 

91–508, codified at 12 U.S.C. 1829b and 

1951–1959, and 31 U.S.C. 5311–5314 

and 5316–5332) authorizes the Secretary 

of the Treasury (Secretary) to require 

financial institutions to keep records 

and file reports that the Secretary 

determines have a high degree of 

usefulness in criminal, tax, or regulatory 

investigations or proceedings, or in 

intelligence or counterintelligence 

matters to protect against international 

terrorism. The authority of the Secretary 

to administer the BSA has been 

delegated to the Director of FinCEN. The 

BSA was amended by the AnnunzioWylie Anti-Money Laundering Act of 

1992 (Pub. L. 102–550) (AnnunzioWylie). Annunzio-Wylie authorizes the 

Secretary and the Board of Governors of 

the Federal Reserve System (the Board) 

to jointly issue regulations requiring 

insured banks to maintain records of 

domestic funds transfers.1 In addition, 

Annunzio-Wylie authorizes the 

Secretary and the Board to jointly issue 

regulations requiring insured banks and 

certain nonbank financial institutions to 

maintain records of international funds 

transfers and transmittals of funds.2

Annunzio-Wylie requires the Secretary 

and the Board, in issuing regulations for 

international funds transfers and 

transmittals of funds, to consider the 

usefulness of the records in criminal, 

tax, or regulatory investigations or 

proceedings, and the effect of the 

regulations on the cost and efficiency of 

the payments system.3

The Intelligence Reform and 

Terrorism Prevention Act of 2004 (Pub. 

L. 108–458) amended the BSA to require 

the Secretary to prescribe regulations 

‘‘requiring such financial institutions as 

the Secretary determines to be 

appropriate to report to the Financial 

Crimes Enforcement Network certain 

cross-border electronic transmittals of 

funds, if the Secretary determines that 

reporting of such transmittals is 

reasonably necessary to conduct the 

efforts of the Secretary against money 

laundering and terrorist financing.’’ 

II. Background Information 

A. Current Regulations Regarding Funds 

Transfers 

On January 3, 1995, FinCEN and the 

Board jointly issued a rule that requires 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1