DoD Freedom of Information Act (FOIA) Program, 60397-60398 [2010-24537]
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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Proposed Rules
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
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Office of the Secretary
32 CFR Part 285
[DoD–OS–2010–0103; RIN 0790–AI51]
DoD Freedom of Information Act
(FOIA) Program
Department of Defense.
Proposed rule.
AGENCY:
ACTION:
VerDate Mar<15>2010
15:10 Sep 29, 2010
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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: https://
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
https://www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
SUMMARY:
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
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Fmt 4702
Sfmt 4702
60397
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 https://
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 https://
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
E:\FR\FM\30SEP1.SGM
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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:
Dated: September 24, 2010.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
§ 285.3
California: Proposed Authorization of
State Hazardous Waste Management
Program Revision
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:
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
§ 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.
*
*
*
*
*
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[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]
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
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:
• https://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.
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
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 https://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 https://
www.regulations.gov or e-mail. The
https://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 https://
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 https://
www.epa.gov/epahome/dockets.htm).
Docket: All documents in the docket
are listed in the https://
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 https://
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,
E:\FR\FM\30SEP1.SGM
30SEP1
]]>Agencies
[Federal Register Volume 75, Number 189 (Thursday, September 30, 2010)]
[Proposed Rules]
[Pages 60397-60398]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24537]
=======================================================================
-----------------------------------------------------------------------
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: https://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 https://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:
Sec. 285.1 Purpose.
* * * * *
(c) Implements E.O. 13392, Presidential Memorandum, ``Freedom of
Information Act,'' January 21, 2009 (available at https://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 https://www.justice.gov/ag/foia-memo-march2009.pdf) within the Department of Defense.
* * * * *
3. Section 285.2 is amended by revising paragraph (a) to read as
follows:
Sec. 285.2 Applicability.
* * * * *
(a) The Office of the Secretary of Defense (OSD), the Military
[[Page 60398]]
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:
Sec. 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:
Sec. 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
