Disclosure of Information; Privacy Act Regulations; Notice and Amendments, 35963-35966 [2011-15342]
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Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Rules and Regulations
3907, 3909, and 5371; 15 U.S.C. 1681s,
1681w, 6801 and 6805.
FEDERAL DEPOSIT INSURANCE
CORPORATION
2. Appendix A to part 225 is amended
by revising section II.A.1.a.iv.,
paragraph (5), to read as follows:
12 CFR Parts 309 and 310
Appendix A to Part 225—Capital
Adequacy Guidelines for Bank Holding
Companies: Risk-Based Measure
Disclosure of Information; Privacy Act
Regulations; Notice and Amendments
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II. * * *
A. * * *
1. * * *
a. * * *
iv. * * *
(5) Subordinated debentures issued prior to
October 4, 2010, to the Treasury under the
TARP (TARP Subordinated Securities)
established by the EESA by a bank holding
company that has made a valid election to be
taxed under Subchapter S of Chapter 1 of the
U.S. Internal Revenue Code (S-Corp BHC) or
by a bank holding company organized in
mutual form (Mutual BHC).
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3. In appendix C to part 225, revise
paragraph 3 in footnote 3 to section 2 to
read as follows:
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Appendix C to Part 225—Small Bank
Holding Company Policy Statement
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2. Ongoing Requirements
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In addition, notwithstanding any other
provision of this policy statement and for
purposes of compliance with paragraphs 2.C.,
3.A., 4.A.i, and 4.B.i. of this policy statement,
both a bank holding company that is
organized in mutual form and a bank holding
company that has made a valid election to be
taxed under Subchapter S of Chapter 1 of the
U.S. Internal Revenue Code may exclude
from debt subordinated debentures issued to
the United States Department of the Treasury
under (i) the Troubled Asset Relief Program
established by the Emergency Economic
Stabilization Act of 2008, Division A of
Public Law 110–343, 122 Stat. 3765 (2008),
and (ii) the Small Business Lending Fund
established by the Small Business Jobs Act of
2010, Title IV of Public Law 111–240, 124
Stat. 2504 (2010).
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By order of the Board of Governors of the
Federal Reserve System, June 13, 2011.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2011–14983 Filed 6–20–11; 8:45 am]
BILLING CODE 6210–01–P
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RIN 3064–AD83
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Interim rule with request for
comments.
AGENCY:
The Dodd-Frank Wall Street
Reform and Consumer Protection Act
(Act), abolished the Office of Thrift
Supervision (OTS) and redistributed, as
of July 21, 2011, the statutorily
prescribed transfer date (Transfer Date),
the functions and regulations of the OTS
relating to savings and loan holding
companies, Federal savings
associations, and State savings
associations to the Board of Governors
of the Federal Reserve System (FRB), the
Office of the Comptroller of the
Currency (OCC), and the FDIC,
respectively. The Board of Directors has
determined that, effective on the
Transfer Date, the OTS Freedom of
Information Act (FOIA) and Privacy Act
(PA) regulations will not be enforced by
the FDIC and that, instead, all FOIA and
PA issues will be addressed under the
FDIC’s regulations involving disclosure
of information and the PA, as amended.
In taking this action the FDIC’s goal is
to avoid potential confusion and
uncertainty that may arise regarding
information concerning State savings
associations after the Transfer Date.
DATES: The effective date of the Interim
Rule is July 21, 2011. Written comments
must be received by the FDIC no later
than August 22, 2011.
ADDRESSES: You may submit comments
by any of the following methods:
Agency Web Site: https://
www.fdic.gov/regulations/laws/federal.
Follow instructions for submitting
comments on the Agency Web Site.
E-mail: Comments@FDIC.gov. Include
RIN 3064–AD83 in the subject line of
the message.
Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments, Federal
Deposit Insurance Corporation, 550 17th
Street, NW., Washington, DC 20429.
Hand Delivery/Courier: Guard station
at the rear of the 550 17th Street
Building (located on F Street) on
business days between 7 a.m. and 5 p.m.
(EST).
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Public Inspection: All comments
received will be posted without change
SUMMARY:
PO 00000
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35963
to https://www.fdic.gov/regulations/laws/
federal including any personal
information provided. Paper copies of
public comments may be ordered from
the Public Information Center by
telephone at 1–(877) 275–3342 or
1–(703) 562–2200.
FOR FURTHER INFORMATION CONTACT: A.
Ann Johnson, Counsel, Legal Division,
(202) 898–3573 or aajohnson@fdic.gov;
Rodney D. Ray, Counsel, Legal Division,
(202) 898–3556 or rray@fdic.gov; or
Martin P. Thompson, Senior Review
Examiner, Division of Risk Management
Supervision, (202) 898–6767 or
marthompson@fdic.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Act, signed into law on July 21,
2010, provides for a substantial
reorganization of the regulation of
savings associations and their holding
companies. Beginning July 21, 2011, the
Transfer Date established in DoddFrank, functions formerly performed by
the OTS will be divided among the FRB,
OCC, and FDIC. Section 316(b) of the
Act provides that all orders, resolutions,
determinations, and regulations issued,
made, prescribed, or allowed to become
effective by the OTS that were in effect
on the day before the Transfer Date
continue in effect and are enforceable by
the appropriate successor Federal
banking agency until modified,
terminated, set aside, or superseded in
accordance with applicable law by such
successor agency, by any court of
competent jurisdiction, or by operation
of law. Section 323(b) also provides for
the transfer on the Transfer Date of OTS
property, including books, accounts,
records, reports, files, memoranda,
paper, reports of examination, work
papers, and correspondence relating to
such reports, to the respective agencies,
that were used by the OTS on the day
before the Transfer Date to support OTS
functions.
Section 316(c) of the Act further
provides for the identification of OTS
regulations relating to the supervision of
State savings associations to be
transferred to the FDIC. The FDIC does
not intend to continue or enforce
existing OTS regulations regarding the
Freedom of Information Act or Privacy
Act.
II. The Interim Rule
The OTS regulations governing
Freedom of Information Act and Privacy
Act issues are contained in 12 CFR parts
503 and 505. Because the OTS, unlike
the FDIC, is a component part of the
Department of the Treasury (Treasury),
the OTS rules supplement Treasury’s
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Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Rules and Regulations
FOIA and PA regulations. 12 CFR parts
309 and 310 of the FDIC’s regulations
also implement the relevant provisions
of the FOIA and PA, but do not rely on
Treasury’s regulations. Both the OTS
and FDIC rules describe the agency
processes and procedures regarding
FOIA and PA issues.
The Act provides for a 90 day ‘‘wind
down’’ period for the OTS beginning on
the Transfer date and it will cease
operating as a Federal banking agency
on July 21, 2011. Because the OTS’
functions and property relating to State
savings associations will transfer to the
FDIC on the Transfer Date, the FDIC
believes that the existence of two sets of
regulations addressing the same subject
areas would lead to confusion
concerning which rules and procedures
govern FOIA and PA issues applicable
to State savings associations. Therefore,
the FDIC is providing the public with
notice that the FDIC intends to apply
the FDIC’s existing FOIA and PA
regulations to all records or other
matters transferred from the OTS to the
FDIC, as well as FDIC matters, as of the
Transfer Date. In addition, the FDIC is
making certain technical amendments to
the FDIC’s existing regulations to correct
addresses and other matters that have
changed since the FDIC’s rules
involving disclosure of information and
the PA were last revised. Finally, the
FDIC is substituting the Bureau of
Consumer Financial Protection for the
OTS in section 309.06(b)(3) as a Federal
financial institution supervisory agency,
for purposes of section 309.6, to whom
exempt records may be disclosed.
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III. Section-By-Section Description of
the Interim Rule
The Interim Rule revises parts 309
and 310 of the FDIC’s regulations as
follows:
Part 309—Disclosure of Information
Section 309.1 Purpose and scope.
Section 309.1 is revised to indicate that
the FDIC’s disclosure regulations apply
to the disclosure of information
transferred to the FDIC from the OTS
pursuant to sections 312 and 323 of the
Act.
Section 309.4 Publicly available
records. Section 309.4(b) is revised to
change the address of the FDIC’s Public
Information Center.
Section 309.5 Procedures for
requesting records. Section 309.5(b)(ii)
is revised to change the facsimile
number for the FDIC FOIA/PA Group.
Section 309.5(b)(iii), (f)(4)(ii), and (h)(1)
are revised to make changes to the FDIC
FOIA/PA Group address.
Section 309.6 Disclosure of exempt
records. Section 309.6(b)(3) is revised to
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substitute the Bureau of Consumer
Financial Protection and the Financial
Stability Oversight Council for the OTS
and section 309.6(b)(5) to replace the
reference to ‘‘bank’’ with ‘‘depository
institution’’ and make other nonsubstantive conforming changes.
As indicated above, the FDIC believes
that the existence of essentially
duplicate FOIA and PA regulations on
the Transfer Date creates the possibility
of public confusion. Therefore, the FDIC
is providing this Interim Rule before the
Transfer Date to provide clarity on this
issue to the public and to facilitate a
Part 310—Privacy Act Regulations
smooth transition of covered matters
Section 310.1 Purpose and scope.
from the OTS to the FDIC.
Section 310.1 is revised to indicate that
For these reasons, in accordance with
the FDIC’s disclosure regulations apply
section 553(b)(B) of the Administrative
to the disclosure of information
Procedure Act (APA), the FDIC has
transferred to the FDIC from the OTS
determined that good cause exists to
pursuant to sections 312 and 323 of the
waive the general notice and
Act.
opportunity for pubic comment
Section 310.3 Procedures for
requirements of the APA. Similarly, the
requests pertaining to individual records FDIC has determined that good cause
in a system of records. Section 310.3(b)
exists to make this Interim Rule
is revised to make changes to the FDIC
effective as of the Transfer Date.
FOIA/PA Group address.
V. Regulatory Flexibility Act
Section 310.4 Times, places, and
requirements for identification of
The Regulatory Flexibility Act, 5
individuals making requests. Section
U.S.C. 601, et seq., (RFA) applies only
310.4(a) is revised to make changes to
to rules for which an agency publishes
the FDIC FOIA/PA Group address.
a general notice of proposed rulemaking
Section 310.7 Request for
pursuant to 5 U.S.C. 553(b). As
amendment of record. Section 310.7 is
discussed above, consistent with section
revised to make changes to the FDIC
553(b)(B) of the APA, the FDIC has
FOIA/PA Group address.
determined that good cause exists in
Section 310.8 Agency review of
this case to waive the general notice and
request for amendment of record.
opportunity for public comment
Section 310.8(a) is revised to delete the
requirements of the APA; therefore,
‘‘Senior Attorney’’ references.
pursuant to 5 U.S.C. 601(2), the RFA
Section 310.9 Appeal of adverse
does not apply.
initial agency determination on access
VI. Small Business Regulatory
or amendment. 310.9(a) is revised to
Enforcement Fairness Act
make changes to the FDIC FOIA/PA
Group address.
The Office of Management and Budget
has determined that the Interim Rule is
IV. Effective Date of the Interim Rule
not a ‘‘major rule’’ within the meaning
The Interim Rule will apply to all
of the relevant sections of the Small
existing and future FOIA and PA issues
Business Regulatory Enforcement Act of
involving State savings associations as
l996 (‘‘SBREFA’’) (5 U.S.C. 801 et seq.).
of the Transfer Date. In this regard, the
As required by SBREFA, the FDIC will
FDIC invokes the good cause exception
file the appropriate reports with
to the requirements in the
Congress and the General Accounting
Administrative Procedure Act (‘‘APA’’)
Office so that the Interim Rule may be
that, before a rulemaking can be
reviewed.
finalized, it must first be issued for
List of Subjects in 12 CFR Parts 309 and
public comment and, once finalized,
must have a delayed effective date of 30 310
days from the publication date.1
Banks, Banking, Freedom of
The FDIC believes good cause exists
Information, Privacy, Savings
for making the Interim Rule effective
associations.
immediately on the Transfer Date. Since
For the Reasons stated above, the
the OTS will continue to function as a
Board of Directors of the Federal
Federal banking agency until the
Deposit Insurance Corporation amends
Transfer Date and is a component part
parts 309 and 310 of chapter III of title
of the Department of Treasury, its
12 of the Code of Federal Regulations as
existing rules will need to remain in
follows:
place until the Transfer Date. On the
Transfer Date, however, the OTS will
PART 309—DISCLOSURE OF
cease functioning as a Federal banking
INFORMATION
agency and its responsibility for FOIA
■ 1. The authority citation for part 309
and PA issues relating to State savings
continues to read as follows:
associations will transfer to the FDIC.
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Authority: 5 U.S.C. 552; 12 U.S.C. 1819
‘‘Seventh’’ and ‘‘Tenth.’’
U.S.C. 553.
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Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Rules and Regulations
This part sets forth the basic policies
of the Federal Deposit Insurance
Corporation regarding information it
maintains and the procedures for
obtaining access to such information,
including disclosure of information
transferred to Federal Deposit Insurance
Corporation from the Office of Thrift
Supervision pursuant to section 312 and
323 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act,
Public Law 111–203. Section 309.2 sets
forth definitions applicable to this part
309. Section 309.3 describes the types of
information and documents typically
published in the Federal Register.
Section 309.4 explains how to access
public records maintained on the
Federal Deposit Insurance Corporation’s
World Wide Web page and in the
Federal Deposit Insurance Corporation’s
Public Information Center or ‘‘PIC,’’ and
describes the categories of records
generally found there. Section 309.5
implements the Freedom of Information
Act (5 U.S.C. 552). Section 309.6
authorizes the discretionary disclosure
of exempt records under certain limited
circumstances. Section 309.7 outlines
procedures for serving a subpoena or
other legal process to obtain information
maintained by the FDIC.
■ 3. Revise § 309.4(b) to read as follows:
(1) * * *
(ii) By facsimile clearly marked
Freedom of Information Act Request to
the FOIA/PA Group: (703) 562–7977; or
(iii) By sending a letter to: Federal
Deposit Insurance Corporation, Attn:
FOIA/PA Group, 550 17th Street, NW.,
Washington, DC 20429.
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(i) * * *
(ii) The fee schedule will be set forth
in the ‘‘Notice of Federal Deposit
Insurance Corporation Records Fees’’
issued in December of each year or in
such ‘‘Interim Notice of Federal Deposit
Insurance Corporation Records Fees’’ as
may be issued. Copies of such notices
may be obtained at no charge from the
Federal Deposit Insurance Corporation,
FOIA/PA Group, 550 17th Street NW.,
Washington, DC 20429, and are
available on the FDIC’s World Wide
Web page as noted in paragraph (f)(4)(i)
of this section.
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(h) Appeals. (1) Appeals should be
addressed to the Federal Deposit
Insurance Corporation, Attn: FOIA/PA
Group, FDIC, 550 17th Street, NW.,
Washington, DC 20429.
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■ 5. In § 309.6, revise paragraphs (b)(3)
and (b)(5) to read as follows:
§ 309.4
§ 309.6
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2. Revise § 309.1 to read as follows:
§ 309.1
Purpose and scope.
Publicly available records.
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(b) Public Information Center. The
FDIC maintains a Public Information
Center or ‘‘PIC’’ that contains Corporate
records that the Freedom of Information
Act requires be made available for
regular inspection and copying, as well
as any records or information the FDIC,
in its discretion, has regularly made
available to the public. The PIC has
extensive materials of interest to the
public, including many Reports,
Summaries and Manuals used or
published by the Corporation that are
made available, by appointment, for
inspection and copying. The PIC is open
from 9:00 AM to 4:00 PM, Monday
through Friday, excepting federal
holidays. It is located at 3501 North
Fairfax Drive, Room E–1005, Arlington,
VA 22226. The PIC may be reached
during business hours by calling 1–(877)
275–3342 or 1–(703) 562–2000.
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■ 4. In § 309.5 revise paragraphs
(b)(1)(ii), (b)(1)(iii), (f)(4)(ii), and (h)(1)
to read as follows:
§ 309.5
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Procedures for requesting records.
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to the extent permitted therein, or to any
foreign bank regulatory or supervisory
authority as provided, and to the extent
permitted, by section 206 of the Federal
Deposit Insurance Corporation
Improvement Act of 1991 (12 U.S.C.
3109). Finally, the Director, or designee,
may in his or her discretion and for
good cause, disclose reports of
examination or other confidential
supervisory information concerning any
depository institution or other entity
examined by the Corporation under
authority of Federal law to: Any other
Federal or State agency or authority
with supervisory or regulatory authority
over the depository institution or other
entity; any officer, director, or receiver
of such depository institution or entity;
and any other person that the
Corporation determines to be
appropriate.
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(5) Disclosure to servicers and
serviced institutions. The Director of the
Corporation’s Division having primary
authority over the exempt records, or
designee, may disclose copies of any
exempt record related to a depository
institution data center, service
corporation, or any other data center
that provides data processing or related
services to an insured institution
(hereinafter referred to as ‘‘data center’’)
to:
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Disclosure of exempt records.
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(3) Disclosure to federal financial
institutions supervisory agencies and
certain other agencies. The Director of
the Corporation’s Division having
primary authority over the exempt
records, or designee, may in his or her
discretion and for good cause, disclose
to any authorized officer or employee of
any federal financial institution
supervisory agency including the
Comptroller of the Currency, the Board
of Governors of the Federal Reserve
System, Bureau of Consumer Financial
Protection, the Financial Stability
Oversight Council, the Securities and
Exchange Commission, the National
Credit Union Administration, or any
other agency included in section
1101(7) of the Right to Financial Privacy
Act of 1978 (12 U.S.C. 3401 et seq.)
(RFPA), any exempt records for a
legitimate depository institution
supervisory or regulatory purpose. The
Director, or designee, may in his or her
discretion and for good cause, disclose
exempt records, including customer
financial records, to certain other
federal agencies as referenced in section
1113 of the RFPA for the purposes and
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PART 310—PRIVACY ACT
REGULATIONS
6. The authority citation for part 310
continues to read as follows:
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Authority: 5 U.S.C. 552a.
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7. Revise § 301.1 to read as follows:
§ 310.1
Purpose and scope.
The purpose of this part is to establish
regulations implementing the Privacy
Act of 1974, 5 U.S.C. 552a. These
regulations delineate the procedures
that an individual must follow in
exercising his or her access or
amendment rights under the Privacy Act
to records maintained by the
Corporation in systems of records,
including information transferred to
Federal Deposit Insurance Corporation
from the Office of Thrift Supervision
pursuant to sections 312 and 323 of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law
111–203.
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■ 8. Revise § 310.3(b) to read as follows:
§ 310.3 Procedures for requests pertaining
to individual records in a system of records.
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Federal Register / Vol. 76, No. 119 / Tuesday, June 21, 2011 / Rules and Regulations
(b) Requests by individuals for access
to records pertaining to them and
maintained within one of the
Corporation’s designated systems of
records should be submitted in writing
to the Federal Deposit Insurance
Corporation, Attn: FOIA/PA Group, 550
17th Street, NW., Washington, DC
20429. Each such request should
contain a reasonable description of the
records sought, the system or systems in
which such record may be contained,
and any additional identifying
information, as specified in the
Corporation’s Federal Register ‘‘Notice
of Systems of Records’’ for that
particular system, copies of which are
available upon request from the FOIA/
PA Group.
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9. Revise § 310.4(a) to read as follows:
§ 310.4 Times, places, and requirements
for identification of individuals making
requests.
(a) Individuals may request access to
records pertaining to themselves by
submitting a written request as provided
in § 310.3 of these regulations, or by
appearing in person on weekdays, other
than official holidays, at the Federal
Deposit Insurance Corporation, Attn:
FOIA/PA Group, 550 17th Street, NW.,
Washington, DC 20429, between the
hours of 8:30 a.m. and 5 p.m.
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10. Revise § 310.7 to read as follows:
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§ 310.7
Request for amendment of record.
The Corporation will maintain all
records it uses in making any
determination about any individual
with such accuracy, relevance,
timeliness and completeness as is
reasonably necessary to assure fairness
to the individual in the determination.
An individual may request that the
Corporation amend any portion of a
record pertaining to that individual
which the Corporation maintains in a
designated system of records. Such a
request should be submitted in writing
to the Federal Deposit Insurance
Corporation, Attn: FOIA/PA Group, 550
17th Street, NW., Washington, DC 20429
and should contain the individual’s
reason for requesting the amendment
and a description of the record
(including the name of the appropriate
designated system and category thereof)
sufficient to enable the Corporation to
identify the particular record or portion
thereof with respect to which
amendment is sought.
11. Revise § 310.8(a) to read as
follows:
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§ 310.8 Agency review of request for
amendment of record.
(a) Requests by individuals for the
amendment of records will be
acknowledged by the FOIA/PA Group,
and referred to the system manager of
the system of records in which the
record is contained for determination,
within ten business days following
receipt of such requests. Promptly
thereafter, the FOIA/PA Group will
notify the individual of the system
manager’s decision to grant or deny the
request to amend.
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■ 12. Revise § 310.9(a) to read as
follows:
§ 310.9 Appeal of adverse initial agency
determination on access or amendment.
(a) A system manager’s denial of an
individual’s request for access to or
amendment of a record pertaining to
him/her may be appealed in writing to
the Corporation’s General Counsel (or
designee) within 30 business days
following receipt of notification of the
denial. Such an appeal should be
addressed to the Federal Deposit
Insurance Corporation, Attn: FOIA/PA
Group, 550 17th Street, NW.,
Washington, DC 20429, and contain all
the information specified for requests
for access in § 310.3 or for initial
requests to amend in § 310.7, as well as
any other additional information the
individual deems relevant for the
consideration by the General Counsel
(or designee) of the appeal.
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By order of the Board of Directors.
Dated at Washington, DC, this 14th day of
June 2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011–15342 Filed 6–20–11; 8:45 am]
BILLING CODE 6714–01–P
April 27, 2011 (76 FR 23459) amending
our regulations on the Risk-Based
Capital Stress Test used by the Federal
Agricultural Mortgage Corporation. In
accordance with 12 U.S.C. 2252, the
effective date of the final rule is 30 days
from the date of publication in the
Federal Register during which either or
both Houses of Congress are in session.
Based on the records of the sessions of
Congress, the effective date of the
regulations is June 15, 2011.
DATES: Effective Date: Under the
authority of 12 U.S.C. 2252, the
regulation amending 12 CFR parts 651
and 652 published on April 27, 2011 (76
FR 23459) is effective June 15, 2011.
FOR FURTHER INFORMATION CONTACT:
Joseph T. Connor, Associate Director for
Policy and Analysis, Office of
Secondary Market Oversight, Farm
Credit Administration, McLean,
Virginia 22102–5090, (703) 883–4280,
TTY (703) 883–4434,
or
Laura McFarland, Senior Counsel,
Office of General Counsel, Farm
Credit Administration, McLean,
Virginia 22102–5090, (703) 883–4020,
TTY (703) 883–4020.
(12 U.S.C. 2252(a)(9) and (10).)
Dated: June 15, 2011.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2011–15442 Filed 6–20–11; 8:45 am]
BILLING CODE 6705–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2011–0070; Airspace
Docket No. 10–ASO–43]
Amendment of Class E Airspace;
Cocoa, FL
12 CFR Parts 651 and 652
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
RIN 3052–AC51
SUMMARY:
FARM CREDIT ADMINISTRATION
Federal Agricultural Mortgage
Corporation Governance and Federal
Agricultural Mortgage Corporation
Funding and Fiscal Affairs; Risk-Based
Capital Requirements; Effective Date
Farm Credit Administration.
Notice of effective date.
AGENCY:
ACTION:
The Farm Credit
Administration (FCA or Agency),
through the FCA Board (Board), issued
a final rule under parts 651 and 652 on
SUMMARY:
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
AGENCY:
This action amends Class E
Airspace at Cocoa, FL, as the Merritt
Island Non-Directional Beacon (NDB)
has been decommissioned and new
Standard Instrument Approach
Procedures have been developed at
Merritt Island Airport. This action
enhances the safety and airspace
management of Instrument Flight Rules
(IFR) operations at the airport.
DATES: Effective 0901 UTC, August 25,
2011. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
E:\FR\FM\21JNR1.SGM
21JNR1
]]>Agencies
[Federal Register Volume 76, Number 119 (Tuesday, June 21, 2011)]
[Rules and Regulations]
[Pages 35963-35966]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15342]
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FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Parts 309 and 310
RIN 3064-AD83
Disclosure of Information; Privacy Act Regulations; Notice and
Amendments
AGENCY: Federal Deposit Insurance Corporation (FDIC).
ACTION: Interim rule with request for comments.
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SUMMARY: The Dodd-Frank Wall Street Reform and Consumer Protection Act
(Act), abolished the Office of Thrift Supervision (OTS) and
redistributed, as of July 21, 2011, the statutorily prescribed transfer
date (Transfer Date), the functions and regulations of the OTS relating
to savings and loan holding companies, Federal savings associations,
and State savings associations to the Board of Governors of the Federal
Reserve System (FRB), the Office of the Comptroller of the Currency
(OCC), and the FDIC, respectively. The Board of Directors has
determined that, effective on the Transfer Date, the OTS Freedom of
Information Act (FOIA) and Privacy Act (PA) regulations will not be
enforced by the FDIC and that, instead, all FOIA and PA issues will be
addressed under the FDIC's regulations involving disclosure of
information and the PA, as amended. In taking this action the FDIC's
goal is to avoid potential confusion and uncertainty that may arise
regarding information concerning State savings associations after the
Transfer Date.
DATES: The effective date of the Interim Rule is July 21, 2011. Written
comments must be received by the FDIC no later than August 22, 2011.
ADDRESSES: You may submit comments by any of the following methods:
Agency Web Site: http:[sol][sol]www.fdic.gov/regulations/laws/
federal. Follow instructions for submitting comments on the Agency Web
Site.
E-mail: Comments@FDIC.gov. Include RIN 3064-AD83 in the subject
line of the message.
Mail: Robert E. Feldman, Executive Secretary, Attention: Comments,
Federal Deposit Insurance Corporation, 550 17th Street, NW.,
Washington, DC 20429.
Hand Delivery/Courier: Guard station at the rear of the 550 17th
Street Building (located on F Street) on business days between 7 a.m.
and 5 p.m. (EST).
Federal eRulemaking Portal: http:[sol][sol]www.regulations.gov.
Follow the instructions for submitting comments.
Public Inspection: All comments received will be posted without
change to http:[sol][sol]www.fdic.gov/regulations/laws/federal
including any personal information provided. Paper copies of public
comments may be ordered from the Public Information Center by telephone
at 1-(877) 275-3342 or 1-(703) 562-2200.
FOR FURTHER INFORMATION CONTACT: A. Ann Johnson, Counsel, Legal
Division, (202) 898-3573 or aajohnson@fdic.gov; Rodney D. Ray, Counsel,
Legal Division, (202) 898-3556 or rray@fdic.gov; or Martin P. Thompson,
Senior Review Examiner, Division of Risk Management Supervision, (202)
898-6767 or marthompson@fdic.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Act, signed into law on July 21, 2010, provides for a
substantial reorganization of the regulation of savings associations
and their holding companies. Beginning July 21, 2011, the Transfer Date
established in Dodd-Frank, functions formerly performed by the OTS will
be divided among the FRB, OCC, and FDIC. Section 316(b) of the Act
provides that all orders, resolutions, determinations, and regulations
issued, made, prescribed, or allowed to become effective by the OTS
that were in effect on the day before the Transfer Date continue in
effect and are enforceable by the appropriate successor Federal banking
agency until modified, terminated, set aside, or superseded in
accordance with applicable law by such successor agency, by any court
of competent jurisdiction, or by operation of law. Section 323(b) also
provides for the transfer on the Transfer Date of OTS property,
including books, accounts, records, reports, files, memoranda, paper,
reports of examination, work papers, and correspondence relating to
such reports, to the respective agencies, that were used by the OTS on
the day before the Transfer Date to support OTS functions.
Section 316(c) of the Act further provides for the identification
of OTS regulations relating to the supervision of State savings
associations to be transferred to the FDIC. The FDIC does not intend to
continue or enforce existing OTS regulations regarding the Freedom of
Information Act or Privacy Act.
II. The Interim Rule
The OTS regulations governing Freedom of Information Act and
Privacy Act issues are contained in 12 CFR parts 503 and 505. Because
the OTS, unlike the FDIC, is a component part of the Department of the
Treasury (Treasury), the OTS rules supplement Treasury's
[[Page 35964]]
FOIA and PA regulations. 12 CFR parts 309 and 310 of the FDIC's
regulations also implement the relevant provisions of the FOIA and PA,
but do not rely on Treasury's regulations. Both the OTS and FDIC rules
describe the agency processes and procedures regarding FOIA and PA
issues.
The Act provides for a 90 day ``wind down'' period for the OTS
beginning on the Transfer date and it will cease operating as a Federal
banking agency on July 21, 2011. Because the OTS' functions and
property relating to State savings associations will transfer to the
FDIC on the Transfer Date, the FDIC believes that the existence of two
sets of regulations addressing the same subject areas would lead to
confusion concerning which rules and procedures govern FOIA and PA
issues applicable to State savings associations. Therefore, the FDIC is
providing the public with notice that the FDIC intends to apply the
FDIC's existing FOIA and PA regulations to all records or other matters
transferred from the OTS to the FDIC, as well as FDIC matters, as of
the Transfer Date. In addition, the FDIC is making certain technical
amendments to the FDIC's existing regulations to correct addresses and
other matters that have changed since the FDIC's rules involving
disclosure of information and the PA were last revised. Finally, the
FDIC is substituting the Bureau of Consumer Financial Protection for
the OTS in section 309.06(b)(3) as a Federal financial institution
supervisory agency, for purposes of section 309.6, to whom exempt
records may be disclosed.
III. Section-By-Section Description of the Interim Rule
The Interim Rule revises parts 309 and 310 of the FDIC's
regulations as follows:
Part 309--Disclosure of Information
Section 309.1 Purpose and scope. Section 309.1 is revised to
indicate that the FDIC's disclosure regulations apply to the disclosure
of information transferred to the FDIC from the OTS pursuant to
sections 312 and 323 of the Act.
Section 309.4 Publicly available records. Section 309.4(b) is
revised to change the address of the FDIC's Public Information Center.
Section 309.5 Procedures for requesting records. Section
309.5(b)(ii) is revised to change the facsimile number for the FDIC
FOIA/PA Group. Section 309.5(b)(iii), (f)(4)(ii), and (h)(1) are
revised to make changes to the FDIC FOIA/PA Group address.
Section 309.6 Disclosure of exempt records. Section 309.6(b)(3) is
revised to substitute the Bureau of Consumer Financial Protection and
the Financial Stability Oversight Council for the OTS and section
309.6(b)(5) to replace the reference to ``bank'' with ``depository
institution'' and make other non-substantive conforming changes.
Part 310--Privacy Act Regulations
Section 310.1 Purpose and scope. Section 310.1 is revised to
indicate that the FDIC's disclosure regulations apply to the disclosure
of information transferred to the FDIC from the OTS pursuant to
sections 312 and 323 of the Act.
Section 310.3 Procedures for requests pertaining to individual
records in a system of records. Section 310.3(b) is revised to make
changes to the FDIC FOIA/PA Group address.
Section 310.4 Times, places, and requirements for identification of
individuals making requests. Section 310.4(a) is revised to make
changes to the FDIC FOIA/PA Group address.
Section 310.7 Request for amendment of record. Section 310.7 is
revised to make changes to the FDIC FOIA/PA Group address.
Section 310.8 Agency review of request for amendment of record.
Section 310.8(a) is revised to delete the ``Senior Attorney''
references.
Section 310.9 Appeal of adverse initial agency determination on
access or amendment. 310.9(a) is revised to make changes to the FDIC
FOIA/PA Group address.
IV. Effective Date of the Interim Rule
The Interim Rule will apply to all existing and future FOIA and PA
issues involving State savings associations as of the Transfer Date. In
this regard, the FDIC invokes the good cause exception to the
requirements in the Administrative Procedure Act (``APA'') that, before
a rulemaking can be finalized, it must first be issued for public
comment and, once finalized, must have a delayed effective date of 30
days from the publication date.\1\
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\1\ 5 U.S.C. 553.
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The FDIC believes good cause exists for making the Interim Rule
effective immediately on the Transfer Date. Since the OTS will continue
to function as a Federal banking agency until the Transfer Date and is
a component part of the Department of Treasury, its existing rules will
need to remain in place until the Transfer Date. On the Transfer Date,
however, the OTS will cease functioning as a Federal banking agency and
its responsibility for FOIA and PA issues relating to State savings
associations will transfer to the FDIC. As indicated above, the FDIC
believes that the existence of essentially duplicate FOIA and PA
regulations on the Transfer Date creates the possibility of public
confusion. Therefore, the FDIC is providing this Interim Rule before
the Transfer Date to provide clarity on this issue to the public and to
facilitate a smooth transition of covered matters from the OTS to the
FDIC.
For these reasons, in accordance with section 553(b)(B) of the
Administrative Procedure Act (APA), the FDIC has determined that good
cause exists to waive the general notice and opportunity for pubic
comment requirements of the APA. Similarly, the FDIC has determined
that good cause exists to make this Interim Rule effective as of the
Transfer Date.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., (RFA)
applies only to rules for which an agency publishes a general notice of
proposed rulemaking pursuant to 5 U.S.C. 553(b). As discussed above,
consistent with section 553(b)(B) of the APA, the FDIC has determined
that good cause exists in this case to waive the general notice and
opportunity for public comment requirements of the APA; therefore,
pursuant to 5 U.S.C. 601(2), the RFA does not apply.
VI. Small Business Regulatory Enforcement Fairness Act
The Office of Management and Budget has determined that the Interim
Rule is not a ``major rule'' within the meaning of the relevant
sections of the Small Business Regulatory Enforcement Act of l996
(``SBREFA'') (5 U.S.C. 801 et seq.). As required by SBREFA, the FDIC
will file the appropriate reports with Congress and the General
Accounting Office so that the Interim Rule may be reviewed.
List of Subjects in 12 CFR Parts 309 and 310
Banks, Banking, Freedom of Information, Privacy, Savings
associations.
For the Reasons stated above, the Board of Directors of the Federal
Deposit Insurance Corporation amends parts 309 and 310 of chapter III
of title 12 of the Code of Federal Regulations as follows:
PART 309--DISCLOSURE OF INFORMATION
0
1. The authority citation for part 309 continues to read as follows:
Authority: 5 U.S.C. 552; 12 U.S.C. 1819 ``Seventh'' and
``Tenth.''
[[Page 35965]]
0
2. Revise Sec. 309.1 to read as follows:
Sec. 309.1 Purpose and scope.
This part sets forth the basic policies of the Federal Deposit
Insurance Corporation regarding information it maintains and the
procedures for obtaining access to such information, including
disclosure of information transferred to Federal Deposit Insurance
Corporation from the Office of Thrift Supervision pursuant to section
312 and 323 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, Public Law 111-203. Section 309.2 sets forth
definitions applicable to this part 309. Section 309.3 describes the
types of information and documents typically published in the Federal
Register. Section 309.4 explains how to access public records
maintained on the Federal Deposit Insurance Corporation's World Wide
Web page and in the Federal Deposit Insurance Corporation's Public
Information Center or ``PIC,'' and describes the categories of records
generally found there. Section 309.5 implements the Freedom of
Information Act (5 U.S.C. 552). Section 309.6 authorizes the
discretionary disclosure of exempt records under certain limited
circumstances. Section 309.7 outlines procedures for serving a subpoena
or other legal process to obtain information maintained by the FDIC.
0
3. Revise Sec. 309.4(b) to read as follows:
Sec. 309.4 Publicly available records.
* * * * *
(b) Public Information Center. The FDIC maintains a Public
Information Center or ``PIC'' that contains Corporate records that the
Freedom of Information Act requires be made available for regular
inspection and copying, as well as any records or information the FDIC,
in its discretion, has regularly made available to the public. The PIC
has extensive materials of interest to the public, including many
Reports, Summaries and Manuals used or published by the Corporation
that are made available, by appointment, for inspection and copying.
The PIC is open from 9:00 AM to 4:00 PM, Monday through Friday,
excepting federal holidays. It is located at 3501 North Fairfax Drive,
Room E-1005, Arlington, VA 22226. The PIC may be reached during
business hours by calling 1-(877) 275-3342 or 1-(703) 562-2000.
* * * * *
0
4. In Sec. 309.5 revise paragraphs (b)(1)(ii), (b)(1)(iii),
(f)(4)(ii), and (h)(1) to read as follows:
Sec. 309.5 Procedures for requesting records.
* * * * *
(b) * * *
(1) * * *
(ii) By facsimile clearly marked Freedom of Information Act Request
to the FOIA/PA Group: (703) 562-7977; or
(iii) By sending a letter to: Federal Deposit Insurance
Corporation, Attn: FOIA/PA Group, 550 17th Street, NW., Washington, DC
20429.
* * * * *
(f) * * *
(4) * * *
(i) * * *
(ii) The fee schedule will be set forth in the ``Notice of Federal
Deposit Insurance Corporation Records Fees'' issued in December of each
year or in such ``Interim Notice of Federal Deposit Insurance
Corporation Records Fees'' as may be issued. Copies of such notices may
be obtained at no charge from the Federal Deposit Insurance
Corporation, FOIA/PA Group, 550 17th Street NW., Washington, DC 20429,
and are available on the FDIC's World Wide Web page as noted in
paragraph (f)(4)(i) of this section.
* * * * *
(h) Appeals. (1) Appeals should be addressed to the Federal Deposit
Insurance Corporation, Attn: FOIA/PA Group, FDIC, 550 17th Street, NW.,
Washington, DC 20429.
* * * * *
0
5. In Sec. 309.6, revise paragraphs (b)(3) and (b)(5) to read as
follows:
Sec. 309.6 Disclosure of exempt records.
* * * * *
(b) * * *
(3) Disclosure to federal financial institutions supervisory
agencies and certain other agencies. The Director of the Corporation's
Division having primary authority over the exempt records, or designee,
may in his or her discretion and for good cause, disclose to any
authorized officer or employee of any federal financial institution
supervisory agency including the Comptroller of the Currency, the Board
of Governors of the Federal Reserve System, Bureau of Consumer
Financial Protection, the Financial Stability Oversight Council, the
Securities and Exchange Commission, the National Credit Union
Administration, or any other agency included in section 1101(7) of the
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) (RFPA),
any exempt records for a legitimate depository institution supervisory
or regulatory purpose. The Director, or designee, may in his or her
discretion and for good cause, disclose exempt records, including
customer financial records, to certain other federal agencies as
referenced in section 1113 of the RFPA for the purposes and to the
extent permitted therein, or to any foreign bank regulatory or
supervisory authority as provided, and to the extent permitted, by
section 206 of the Federal Deposit Insurance Corporation Improvement
Act of 1991 (12 U.S.C. 3109). Finally, the Director, or designee, may
in his or her discretion and for good cause, disclose reports of
examination or other confidential supervisory information concerning
any depository institution or other entity examined by the Corporation
under authority of Federal law to: Any other Federal or State agency or
authority with supervisory or regulatory authority over the depository
institution or other entity; any officer, director, or receiver of such
depository institution or entity; and any other person that the
Corporation determines to be appropriate.
* * * * *
(5) Disclosure to servicers and serviced institutions. The Director
of the Corporation's Division having primary authority over the exempt
records, or designee, may disclose copies of any exempt record related
to a depository institution data center, service corporation, or any
other data center that provides data processing or related services to
an insured institution (hereinafter referred to as ``data center'') to:
* * * * *
PART 310--PRIVACY ACT REGULATIONS
0
6. The authority citation for part 310 continues to read as follows:
Authority: 5 U.S.C. 552a.
0
7. Revise Sec. 301.1 to read as follows:
Sec. 310.1 Purpose and scope.
The purpose of this part is to establish regulations implementing
the Privacy Act of 1974, 5 U.S.C. 552a. These regulations delineate the
procedures that an individual must follow in exercising his or her
access or amendment rights under the Privacy Act to records maintained
by the Corporation in systems of records, including information
transferred to Federal Deposit Insurance Corporation from the Office of
Thrift Supervision pursuant to sections 312 and 323 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act, Public Law 111-203.
* * * * *
0
8. Revise Sec. 310.3(b) to read as follows:
Sec. 310.3 Procedures for requests pertaining to individual records
in a system of records.
* * * * *
[[Page 35966]]
(b) Requests by individuals for access to records pertaining to
them and maintained within one of the Corporation's designated systems
of records should be submitted in writing to the Federal Deposit
Insurance Corporation, Attn: FOIA/PA Group, 550 17th Street, NW.,
Washington, DC 20429. Each such request should contain a reasonable
description of the records sought, the system or systems in which such
record may be contained, and any additional identifying information, as
specified in the Corporation's Federal Register ``Notice of Systems of
Records'' for that particular system, copies of which are available
upon request from the FOIA/PA Group.
* * * * *
0
9. Revise Sec. 310.4(a) to read as follows:
Sec. 310.4 Times, places, and requirements for identification of
individuals making requests.
(a) Individuals may request access to records pertaining to
themselves by submitting a written request as provided in Sec. 310.3
of these regulations, or by appearing in person on weekdays, other than
official holidays, at the Federal Deposit Insurance Corporation, Attn:
FOIA/PA Group, 550 17th Street, NW., Washington, DC 20429, between the
hours of 8:30 a.m. and 5 p.m.
* * * * *
0
10. Revise Sec. 310.7 to read as follows:
Sec. 310.7 Request for amendment of record.
The Corporation will maintain all records it uses in making any
determination about any individual with such accuracy, relevance,
timeliness and completeness as is reasonably necessary to assure
fairness to the individual in the determination. An individual may
request that the Corporation amend any portion of a record pertaining
to that individual which the Corporation maintains in a designated
system of records. Such a request should be submitted in writing to the
Federal Deposit Insurance Corporation, Attn: FOIA/PA Group, 550 17th
Street, NW., Washington, DC 20429 and should contain the individual's
reason for requesting the amendment and a description of the record
(including the name of the appropriate designated system and category
thereof) sufficient to enable the Corporation to identify the
particular record or portion thereof with respect to which amendment is
sought.
0
11. Revise Sec. 310.8(a) to read as follows:
Sec. 310.8 Agency review of request for amendment of record.
(a) Requests by individuals for the amendment of records will be
acknowledged by the FOIA/PA Group, and referred to the system manager
of the system of records in which the record is contained for
determination, within ten business days following receipt of such
requests. Promptly thereafter, the FOIA/PA Group will notify the
individual of the system manager's decision to grant or deny the
request to amend.
* * * * *
0
12. Revise Sec. 310.9(a) to read as follows:
Sec. 310.9 Appeal of adverse initial agency determination on access
or amendment.
(a) A system manager's denial of an individual's request for access
to or amendment of a record pertaining to him/her may be appealed in
writing to the Corporation's General Counsel (or designee) within 30
business days following receipt of notification of the denial. Such an
appeal should be addressed to the Federal Deposit Insurance
Corporation, Attn: FOIA/PA Group, 550 17th Street, NW., Washington, DC
20429, and contain all the information specified for requests for
access in Sec. 310.3 or for initial requests to amend in Sec. 310.7,
as well as any other additional information the individual deems
relevant for the consideration by the General Counsel (or designee) of
the appeal.
* * * * *
By order of the Board of Directors.
Dated at Washington, DC, this 14th day of June 2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011-15342 Filed 6-20-11; 8:45 am]
BILLING CODE 6714-01-P
