Releasing Information; General Provisions; Accounting and Reporting Requirements; Reports of Accounts and Exposures, 48632-48636 [2013-19231]

Download as PDF 48632 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Proposed Rules Done at Washington, DC, on: August 2, 2013. Alfred V. Almanza, Administrator. [FR Doc. 2013–19322 Filed 8–8–13; 8:45 am] BILLING CODE 3410–DM–P FARM CREDIT ADMINISTRATION 12 CFR Parts 602, 618 and 621 RIN 3052–AC76 Releasing Information; General Provisions; Accounting and Reporting Requirements; Reports of Accounts and Exposures Farm Credit Administration. Proposed rule. AGENCY: ACTION: The Farm Credit Administration (FCA, we, or our) is proposing to establish a regulatory framework for the reliable, timely, accurate, and complete reporting of Farm Credit System (System) accounts and exposures for examination activities and risk evaluation. The proposed regulation specifies the reporting requirement(s) and performance responsibilities, including, but not limited to, establishing uniform and standard data fields to be collected from all System institutions and a disciplined and secure delivery of information. The proposed regulation would authorize a Reporting Entity (defined as the Federal Farm Credit Banks Funding Corporation (Funding Corporation) or an entity approved by FCA), to collect data from all banks and associations and serve as the central data repository manager. Additionally, the proposed regulation would require all banks and associations to provide data to the Reporting Entity to facilitate the collection, enhancement, and reporting of data to FCA. DATES: Comments on this proposed rule must be submitted on or before September 9, 2013. ADDRESSES: We offer a variety of methods for you to submit your comments. For accuracy and efficiency reasons, commenters are encouraged to submit comments by email or through the FCA’s Web site. As facsimiles (fax) are difficult for us to process and achieve compliance with section 508 of the Rehabilitation Act, we do not accept comments submitted by fax. Regardless of the method you use, please do not submit your comment multiple times via different methods. You may submit comments by any of the following methods: • Email: Send us an email at regcomm@fca.gov. tkelley on DSK3SPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 14:50 Aug 08, 2013 Jkt 229001 • FCA Web site: https://www.fca.gov. Select ‘‘Public Commenters,’’ then ‘‘Public Comments,’’ and follow the directions for ‘‘Submitting a Comment.’’ • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Barry F. Mardock, Deputy Director, Office of Regulatory Policy, Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA 22102–5090. You may review copies of all comments we receive at our office in McLean, Virginia, or from our Web site at https://www.fca.gov. Once you are in the Web site, select ‘‘Public Commenters,’’ then ‘‘Public Comments,’’ and follow the directions for ‘‘Reading Submitted Public Comments.’’ We will show your comments as submitted, but for technical reasons we may omit items such as logos and special characters. Identifying information you provide, such as phone numbers and addresses, will be publicly available. However, we will attempt to remove email addresses to help reduce Internet spam. FOR FURTHER INFORMATION CONTACT: Susan Coleman, Senior Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102– 5090, (703) 883–4491, TTY (703) 883– 4056, or Jane Virga, Senior Counsel, Office of General Counsel, Farm Credit Administration, McLean, VA 22102– 5090, (703) 883–4020, TTY (703) 883– 4056. SUPPLEMENTARY INFORMATION: I. Objectives The objectives of this proposed rule are to: • Reaffirm the authority for the FCA to collect data on System institution accounts and exposures for examination activities and risk evaluation; • Require all banks and associations to provide data on accounts and exposures to the Reporting Entity, for the purposes of reporting to the FCA; and • Establish the authority for and responsibilities of the Reporting Entity to collect, store, manage, and extrapolate data on accounts and exposures for reporting to the FCA. II. Background The Farm Credit Act of 1971, as amended (Act),1 authorizes the FCA to issue regulations implementing the Act’s provisions.2 Our regulations are intended to ensure the safe and sound operations of System institutions. In 1 Public Law 92–181, 85 Stat. 583 (1971), 12 U.S.C. 2001 et seq. 2 12 U.S.C. 2252(a)(8), (9), and (10). PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 order to meet FCA’s responsibility to ensure the safety and soundness of System institutions, we must have reliable, timely, accurate, and complete information about each banks’ and associations’ assets and liabilities. Section 5.22A of the Act and § 621.12(a) of FCA regulations require each System institution to prepare and file such reports of condition and performance as may be required by FCA. Further clarification is provided in § 621.12(b), which states that these reports of condition and performance must be filed four times a year and may include such additional reports as may be necessary to ensure timely, complete, and accurate monitoring and evaluation of the affairs, condition, and performance of System institutions as determined by the Chief Examiner. In addition, § 621.12(c) requires all reports of condition and performance to be submitted electronically in accordance with the instructions prescribed by FCA. Also, section 5.9(4) of the Act provides FCA the power to require such reports as it deems necessary from System institutions.3 For over a decade, the FCA has collected detailed asset reports through loan data extracts from System institutions to facilitate examination activities and risk evaluation, and shared the data with the Farm Credit System Insurance Corporation (FCSIC) on a confidential basis. The need for consistent, comprehensive, and comparable data across all System institutions has evolved, as the complexity and volume of assets has increased. The availability of quality and timely data on accounts and exposures, including any loan, lease, letter of credit, derivative, or, any other asset, liability, other balance sheet account, or off-balance sheet exposure, has become critical to efficient and effective examination activities and risk evaluation. Accordingly, we continue to work with the System to collect more comprehensive data submissions and enhance the reporting to facilitate the evaluation of changing lending risks and conditions. An integral component of the FCA’s and FCSIC’s ability to quickly and accurately identify and respond to risk is the collection of data on, and identification of, shared assets. Shared assets are any account or exposure where two or more System institutions have assumed a portion of the asset’s benefits or risks. On October 3, 2012, 3 Further, under section 5.17(a)(11) of the Act, the FCA may ‘‘[e]xercise such incidental powers as may be necessary or appropriate to fulfill its duties and carry out the purposes of {the} Act.’’ E:\FR\FM\09AUP1.SGM 09AUP1 tkelley on DSK3SPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Proposed Rules the FCA Board approved Bookletter BL– 065, which describes FCA’s expectations for each System institution and its board of directors to establish and implement an automated mechanism to consistently identify shared asset exposures. In addition to other objectives, and in order to facilitate the identification of shared asset exposures and enable System risk assessment, the System has proposed the Funding Corporation create a central data repository to collect and store data from all System banks and associations, establish an automated mechanism to timely and accurately identify the System’s shared asset exposures, and report Systemwide accounts and exposures on behalf of the System banks and associations to the FCA. The Funding Corporation, in coordination with the banks and associations, has begun planning and developing the central data repository and has prepared to assume the role of the Reporting Entity for the banks’ and associations’ reports of accounts and exposures. The Reporting Entity may also be any other entity approved by the FCA. The proposed regulation reaffirms the FCA’s authority to collect data from the System and communicates the authority for, and responsibilities of, the Reporting Entity to collect data on behalf of the System banks and associations for delivery to the FCA. The proposed rule also confirms FCA’s authority to share examination reports or other information on System institutions prepared or held by the FCA with FCSIC. The proposed regulation would require the banks, associations, and Reporting Entity to establish a system of internal controls over the data. Additionally, the banks and associations will need to establish a data governance structure with the Reporting Entity to document the responsibilities and accountabilities for the conveyance, storage and uses of the information stored in the central data repository. This data governance structure should establish consensus among the banks, associations, and Reporting Entity and should be in place prior to the first transfer of data to the Reporting Entity. During the System’s data repository development phase, the banks and associations will continue to prepare and submit the reports of accounts and exposures to the FCA in accordance with the instructions prescribed by the FCA. Upon satisfactory demonstration by the Reporting Entity of the ability to prepare reliable, timely, complete and accurate reporting of accounts and exposures, FCA will accept report(s) of all banks’ and associations’ accounts VerDate Mar<15>2010 14:50 Aug 08, 2013 Jkt 229001 and exposures from the Reporting Entity, acting on behalf of the banks and associations. The proposed regulation would require that the Reporting Entity notify the FCA immediately in writing in the event of any breach of data confidentiality or if there is a request for data from the reports of accounts and exposures. Additionally, in the event of a breach of information, the Reporting Entity would have to provide written notice of the breach to each bank and association concerned so that it may determine whether any notice of the breach to any of its borrowers is required under applicable laws and regulations. The Reporting Entity may request that the banks and associations appoint a replacement Reporting Entity to assume the authorities and reporting obligations of the Reporting Entity described in the proposed regulation with 60 days prior notice to the FCA. Additionally, at their discretion, and with the approval of the FCA, the banks and associations may elect to select a replacement Reporting Entity to assume the authorities and reporting obligations of the Reporting Entity. III. Section-by-Section Analysis We request and encourage any interested person to submit comments on this proposed rule and ask that you support your comments with relevant data or examples. A. Disclosing Reports of Examination and Other Non-Public Information [§ 602.2] We propose adding a new paragraph (c) to § 620.2 that we may disclose, without waiving any privilege or limiting any of the requirements of section 5.59 the Act, reports of examination and other examination and non-public information,4 including data from reports of System accounts and exposures received pursuant to § 621.15 of this chapter, to the FCSIC pursuant to confidentiality and data security 4 Section 5.59(a)(5) of the Act provides that FCSIC, to the extent practicable, shall use the personnel and resources of the FCA to minimize duplication of effort and to reduce costs. Under section 5.59(b), if the FCSIC Board considers it necessary to examine an insured System bank or a System association or any System institution in receivership, it may use FCA examiners to conduct the examination using reports and other information on the System institution prepared or held by the FCA. If the FCSIC Board determines that such reports or information are not adequate to enable FCSIC to carry out the duties of FCSIC under section 5.59(b), it may request the FCA to examine or to obtain other information from or about the System institution and provide FCSIC the resulting examination report or such other information. See also section 5.19(d) of the Act. PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 48633 agreements executed between the agencies. B. Releasing Information—General Regulation [§ 618.8300] The proposed regulation would delete ‘‘as authorized in the following paragraphs’’ and substitute ‘‘as authorized by Farm Credit Administration regulations’’ to clarify that banks and associations can provide information not contained in published reports or press releases to the Reporting Entity, as provided in the proposed regulation. C. Lists of Borrowers and Stockholders [§ 618.8310] We propose adding a new paragraph (c) to allow System institutions to provide information from its lists of borrowers and stockholders to the Reporting Entity, as provided in the proposed regulation. D. Data Regarding Borrowers and Loan Applicants [§ 618.8320] We propose adding a new paragraph (b)(10) to allow System institutions to release information not contained in published reports or press releases to the Reporting Entity, as provided in the proposed regulation. E. Definitions [§ 621.2] The proposed regulation would amend § 621.2 by adding new definitions for the terms ‘‘accounts and exposures,’’ ‘‘banks and associations,’’ ‘‘central data depository,’’ ‘‘reporting entity’’ and ‘‘shared asset’’. F. Applicability and General Instructions [§ 621.12] The proposed regulation would amend the title of existing § 621.12 by removing ‘‘Applicability and general instructions’’ and inserting ‘‘Reports of condition and performance’’. G. Reports of Accounts and Exposures [§ 621.15] The proposed regulation would establish a new § 621.15, which provides that banks and associations must submit accurate and complete reports of accounts and exposures in accordance with the instructions prescribed by the FCA or as may be required by the FCA. The Reporting Entity would collect, store, and manage the information submitted to it by each bank and association under the requirements of this section in a central data repository. The Reporting Entity would prepare and submit electronic report(s) of accounts and exposures to the FCA from all banks and associations in accordance with FCA regulations and E:\FR\FM\09AUP1.SGM 09AUP1 48634 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS prescribed instructions. The Reporting Entity would be required to establish, implement, and maintain an automated mechanism to ensure the reliable, timely, accurate and consistent identification of the banks’ and associations’ shared asset exposures, and report these exposures and the shared asset identifiers in the electronic quarterly report on accounts and exposures to the FCA. The proposed regulation would require each bank and association to provide written certification to the FCA and the Reporting Entity that the information provided in the report of accounts and exposures is a true and accurate record of the data maintained in the bank’s or association’s database, to the best of its knowledge and belief. Additionally, the Reporting Entity would be required to provide written certification to the FCA that the information provided in the report of all banks’ and associations’ accounts and exposures has been prepared in accordance with all applicable regulations and instructions and accurately represents the information provided to it by the banks and associations. The proposed regulation would require the banks, associations, and Reporting Entity to establish an effective system of internal controls over the data included in the report(s) of accounts and exposures, including controls for maintaining the confidentiality of borrower information. The proposed regulation would require the Reporting Entity to notify FCA immediately in writing of the following events: (1) If there is a breach of information; (2) if there is a request for data from the reports of accounts and exposures from non-System entities; or, (3) if it is unable to prepare and submit the report(s) of accounts and exposures in compliance with the requirements of this section. Additionally, in the event of a breach of information, the Reporting Entity would have to provide written notice of the breach to each bank and association concerned so that it may determine whether any notice of the breach to any of its borrowers is required under applicable laws and regulations. IV. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the FCA hereby certifies that the proposed rule would not have a significant economic impact on a substantial number of small entities. Each of the banks in the Farm Credit System, considered together with its affiliated associations, has assets and annual income in excess of the amounts VerDate Mar<15>2010 14:50 Aug 08, 2013 Jkt 229001 that would qualify them as small entities. Therefore, Farm Credit System institutions are not ‘‘small entities’’ as defined in the Regulatory Flexibility Act. Authority: Secs. 1.5, 1.11, 1.12, 2.2, 2.4, 2.5, 2.12, 3.1, 3.7, 4.12, 4.13A, 4.25, 4.29, 5.9, 5.10, 5.17, of the Farm Credit Act (12 U.S.C. 2013, 2019, 2020, 2073, 2075, 2076, 2093, 2122, 2128, 2183, 2200, 2211, 2218, 2243, 2244, 2252). List of Subjects ■ 12 CFR Part 602 Courts, Freedom of information, Government employees. 12 CFR Part 618 Agriculture, Archives and records, Banks, banking, Insurance, Reporting and recordkeeping requirements, Rural areas, Technical assistance. 12 CFR Part 621 Accounting, Agriculture, Banks, banking, Penalties, Reporting and recordkeeping requirements, Rural areas. For the reasons stated in the preamble, parts 602, 618 and 621 of chapter VI, title 12 of the Code of Federal Regulations, are proposed to be amended as follows: PART 602—RELEASING INFORMATION 1. The authority citation for part 602 is revised to read as follows: ■ Authority: Secs. 5.9, 5.17, 5.59 of the Farm Credit Act (12 U.S.C. 2243, 2252, 2277a–8); 5 U.S.C 301, 552; 12 U.S.C. 1821(t); 52 FR 10012; E.O. 12600; 52 FR 23781, 3 CFR 1987, p. 235. 2. Section 602.2 is amended by: a. Revising the heading; b. Redesignating existing paragraph (c) as newly designated paragraph (d); and ■ c. Adding new paragraph (c) to read as follows: ■ ■ ■ § 602.2 Disclosing reports of examination and other non-public information. * * * * (c) Disclosure to the Farm Credit System Insurance Corporation. Without waiving any privilege or limiting any of the requirements of section 5.59 of the Farm Credit Act of 1971, as amended, we may disclose reports of examination and other examination and non-public information, including data from reports of System accounts and exposures received pursuant to § 621.15 of this chapter, to the Farm Credit System Insurance Corporation pursuant to confidentiality and data security agreements executed between the agencies. * * * * * 4. Section 618.8300 is amended by removing the words ‘‘as authorized in the following paragraphs’’ and adding in their place, the words ‘‘as authorized by Farm Credit Administration regulations’’. ■ 5. Section 618.8310 is amended by adding a new paragraph (c) to read as follows: § 618.8310 Lists of borrowers and stockholders. * * * * * (c) In connection with preparing and submitting an electronic report of all System accounts and exposures to the Farm Credit Administration in accordance with the requirements of § 621.15 of this chapter, each bank and association may provide information from its lists of borrowers and stockholders to the Reporting Entity as defined in § 621.2 of this chapter. ■ 6. Section 618.8320 is amended by adding a new paragraph (b)(10) to read as follows: § 618.8320 Data regarding borrowers and loan applicants. * * * * * (b) * * * (10) * * * In connection with preparing and submitting an electronic report of all System accounts and exposures to the Farm Credit Administration in accordance with the requirements of § 621.15 of this chapter, each bank and association may provide data on its accounts and exposures to the Reporting Entity as defined in § 621.2 of this chapter. * * * * * * PART 618—GENERAL PROVISIONS 3. The authority citation for part 618 continues to read as follows: ■ PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 PART 621—ACCOUNTING AND REPORTING REQUIREMENTS 7. The authority citation for part 621 continues to read as follows: ■ Authority: Secs. 5.17, 8.11 of the Farm Credit Act (12 U.S.C. 2252, 2279aa–11); sec. 514 of Pub. L. 102–552. 8. Section 621.2 is amended by: a. Redesignating paragraph (a) as paragraph (b), paragraph (b) as paragraph (d), and paragraphs (c) through (i) as paragraphs (f) through (l), respectively; and ■ b. Adding new paragraphs (a), (c), (e), (m) and (n) to read as follows: ■ ■ § 621.2 Definitions. (a) Accounts and exposures means data related to any loan, lease, letter of credit, derivative, or, any other asset, E:\FR\FM\09AUP1.SGM 09AUP1 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Proposed Rules liability, other balance sheet account, or off-balance sheet exposure of a System institution. * * * * * (c) Banks and associations mean all Farm Credit banks, Agricultural credit banks, and associations. * * * * * (e) Central data repository means a central data warehouse that electronically collects and stores current and historical data and is created by integrating data from one or more disparate sources. * * * * * (m) Reporting Entity means the Federal Farm Credit Banks Funding Corporation, or other entity approved by the Farm Credit Administration. (n) Shared asset means any account or exposure where two or more Farm Credit institutions have assumed a portion of the asset’s benefits or risks. An institution’s share in the asset may be established through means such as syndications, participation agreements, assignments, or other arrangements with System entities. ■ 9. Revise the heading of subpart D to read as follows. Subpart D-–Reports of Condition and Performance and Accounts and Exposures 10. Section 621.12 is amended by revising the heading to read as follows: ■ § 621.12 Reports of condition and performance. 11. Subpart D is amended by adding a new § 621.15 to read as follows: ■ tkelley on DSK3SPTVN1PROD with PROPOSALS § 621.15 Reports of accounts and exposures. (a) Responsibilities of banks and associations for preparing and submitting reports. The banks and associations must prepare and submit an accurate and complete report of all bank and association accounts and exposures electronically to the Farm Credit Administration pursuant to the requirements of this part. In order to accomplish such submission, each bank and association must: (1) Prepare and submit an accurate and complete report of its accounts and exposures electronically to the Reporting Entity: (i) In accordance with the instructions prescribed by the Farm Credit Administration, or as may be required by the Farm Credit Administration; and (ii) Within 20 calendar days after each quarter-end date, and at such other times as the Farm Credit Administration may require. (2) Submit to the Farm Credit Administration and the Reporting Entity VerDate Mar<15>2010 14:50 Aug 08, 2013 Jkt 229001 a written certification that the information provided in the report of accounts and exposures has been prepared in accordance with all applicable regulations and instructions, and is a true and accurate record of the data maintained in the bank’s or association’s database, to the best of its knowledge and belief. The reports shall be certified by the officer of the reporting bank or association named for that purpose by action of the reporting bank’s or association’s board of directors. If the board of directors of the bank or association has not acted to name an officer to certify to the accuracy of its reports of accounts and exposures, then the reports shall be certified by the president or chief executive officer of the reporting bank or association. In the event the bank or association learns of a material error or misstatement in the information submitted to the Reporting Entity, it must notify the Reporting Entity and the Farm Credit Administration immediately of the error or misstatement and prepare and submit corrected information as soon as practicable. (3) Respond promptly to any questions by the Reporting Entity related to information provided under this section in connection with the preparation of a report of accounts and exposures, including any data required to establish, implement and maintain consistent, accurate, and complete shared asset identification and reporting of shared asset exposures to the Farm Credit Administration. (4) Develop, implement and maintain an effective system of internal controls over the data included in the report of accounts and exposures, including controls for maintaining the confidentiality of borrower information. The system of internal controls, at a minimum, must comply with the requirements of applicable Farm Credit Administration regulations, including § 618.8430 of this chapter. (b) Responsibilities of the Reporting Entity for preparing and submitting reports. The Reporting Entity must: (1) Collect, store, and manage the information submitted to it by each bank and association under the requirements of this section in a central data repository in accordance with Farm Credit Administration regulations and prescribed instructions. (2) Prepare and submit an electronic quarterly report on the accounts and exposures of all banks and associations to the Farm Credit Administration in accordance with the instructions prescribed by the Farm Credit PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 48635 Administration or as may be required by the Farm Credit Administration; (3) Establish, implement, and maintain an automated mechanism to ensure the reliable, timely, accurate and consistent identification of the banks’ and associations’ shared asset exposures, and report these exposures and the shared asset identifiers in the electronic quarterly report on accounts and exposures to the Farm Credit Administration. In connection with establishing and implementing the automated shared asset identification mechanism, the Reporting Entity may provide the banks and associations information from the central data repository to identify and report shared asset exposures. (4) Submit to the Farm Credit Administration a written certification that the information provided in the report of each banks’ and associations’ accounts and exposures has been prepared in accordance with all applicable regulations and instructions and accurately represents the information provided to it by the banks and associations. The reports shall be certified by the president or chief executive officer of the Reporting Entity. In the event the Reporting Entity learns of a material error or misstatement in the information submitted to the Farm Credit Administration, it must notify the Farm Credit Administration immediately of the error or misstatement and prepare and submit corrected information as soon as practicable. (5) Develop, implement and maintain an effective system of internal controls over the central data repository, including controls for maintaining the confidentiality of borrower information. The system of internal controls, at a minimum, must comply with the requirements of applicable Farm Credit Administration regulations, including § 618.8430 of this chapter and require that the Reporting Entity: (i) Develop policies and procedures to ensure that the information submitted in the report on accounts and exposures to the Farm Credit Administration is complete and consistent with the information submitted to the Reporting Entity from the banks and associations under § 621.15(a); and (ii) Specify procedures for monitoring any material corrections or adjustments, in a timely manner, and provide timely notification and resubmission of the report on accounts and exposures to the Farm Credit Administration. (6) Notify the Farm Credit Administration if it is unable to prepare and submit the quarterly report of accounts and exposures in compliance E:\FR\FM\09AUP1.SGM 09AUP1 48636 Federal Register / Vol. 78, No. 154 / Friday, August 9, 2013 / Proposed Rules with the requirements of this section. The notification: (i) Must be signed by the chief executive officer, or person in an equivalent position, and submitted to the Farm Credit Administration as soon as the Reporting Entity becomes aware of its inability to comply; (ii) Must explain the reasons for its inability to prepare and submit the report; and (iii) May include a request that the Farm Credit Administration extend the due date for the quarterly report of accounts and exposures. (7) In the event there is a breach of information, immediately provide written notice of the breach to: (i) The Farm Credit Administration; and (ii) Each bank and association concerned so that it may determine whether any notice of the breach to any of its borrowers is required under applicable laws and regulations and, if so, each bank and association shall be responsible for providing such notification; (iii) For the purposes of this section, ‘‘breach of information’’ means unauthorized acquisition of or access to the central data repository, any quarterly reports of accounts and exposures or any other information received pursuant to § 621.15(a)(1). (8) Notify the Farm Credit Administration in writing of any request for data contained in the reports of accounts and exposures that are not explicitly allowed for in § 618.8320(b) of this chapter. Dated: August 5, 2013. Dale L. Aultman, Secretary, Farm Credit Administration Board. [FR Doc. 2013–19231 Filed 8–8–13; 8:45 am] BILLING CODE 6705–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Parts 1, 16, 106, 110, 114, 117, 120, 123, 129, 179, and 211 [Docket No. FDA–2011–N–0920] tkelley on DSK3SPTVN1PROD with PROPOSALS RIN 0910–AG36 Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food; Extension of Comment Periods AGENCY: Food and Drug Administration, HHS. Proposed rule; extension of comment period for the proposed rule ACTION: VerDate Mar<15>2010 14:50 Aug 08, 2013 Jkt 229001 and for its information collection provisions. The Food and Drug Administration (FDA or we) is extending the comment period for the proposed rule, and for the information collection related to the proposed rule, ‘‘Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food,’’ that appeared in the Federal Register of January 16, 2013. We are taking this action to allow interested persons an opportunity to consider the interrelationships between this proposal and the two proposals announced in July 2013 on the Foreign Supplier Verification Program and on Accreditation of Third-Party Auditors/ Certification Bodies. We also are taking this action to keep the comment period for the information collection provisions associated with the rule consistent with the comment period for the proposed rule. DATES: The FDA is extending the comment period on the above proposed rule. Submit either electronic or written comments on the proposed rule by November 15, 2013. Submit comments on information collection issues under the Paperwork Reduction Act of 1995 (the PRA) by November 15, 2013 (see the ‘‘Paperwork Reduction Act of 1995’’ section). ADDRESSES: You may submit comments, identified by Docket No. FDA–2011–N– 0920 and/or Regulatory Information Number (RIN) 0910–AG36, by any of the following methods, except that comments on information collection issues under the PRA must be submitted to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB) (see the ‘‘Paperwork Reduction Act of 1995’’ section). SUMMARY: Electronic Submissions Submit electronic comments in the following way: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. Written Submissions Submit written submissions in the following ways: • Mail/Hand delivery/Courier (for paper or CD–ROM submissions): Division of Dockets Management (HFA– 305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. Instructions: All submissions received must include the Agency name and Docket No. FDA–2011–N–0920, and RIN 0910–AG36 for this rulemaking. All PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 comments received may be posted without change to https:// www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the ‘‘Request for Comments’’ heading of the SUPPLEMENTARY INFORMATION section of this document. Docket: For access to the docket to read background documents or comments received, go to https:// www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ‘‘Search’’ box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852. FOR FURTHER INFORMATION CONTACT: With regard to the proposed rule: Jenny Scott, Center for Food Safety and Applied Nutrition (HFS–300), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240– 402–2166. With regard to the information collection: Domini Bean, Office of Information Management, Food and Drug Administration, 1350 Piccard Drive, PI50–400T, Rockville, MD 20850, domini.bean@fda.hhs.gov. SUPPLEMENTARY INFORMATION: I. Background In the Federal Register of January 16, 2013 (78 FR 3646), we published a proposed rule entitled ‘‘Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food’’ with a 120day comment period on the provisions of the proposed rule and a 30-day comment period on the information collection provisions that are subject to review by OMB under the PRA (44 U.S.C. 3501–3520). OMB and FDA previously received requests for a 90-day extension of the comment period for the information collection provisions of the proposed rule. We considered the requests and extended the comment period for the information collection for 90 days to make the comment period for the information collection provisions the same as that for the proposed rule—i.e., until May 16, 2013 (Federal Register of February 19, 2013, 78 FR 11611). FDA continued to receive comments requesting an extension of the comment period on the proposed rule. Each request conveyed concern that the 120day comment period did not allow sufficient time to develop a meaningful or thoughtful response to the proposed rule. FDA considered the requests and granted a 120-day extension of the comment period for the proposed rule E:\FR\FM\09AUP1.SGM 09AUP1

Agencies

[Federal Register Volume 78, Number 154 (Friday, August 9, 2013)]
[Proposed Rules]
[Pages 48632-48636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19231]


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FARM CREDIT ADMINISTRATION

12 CFR Parts 602, 618 and 621

RIN 3052-AC76


Releasing Information; General Provisions; Accounting and 
Reporting Requirements; Reports of Accounts and Exposures

AGENCY: Farm Credit Administration.

ACTION: Proposed rule.

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SUMMARY: The Farm Credit Administration (FCA, we, or our) is proposing 
to establish a regulatory framework for the reliable, timely, accurate, 
and complete reporting of Farm Credit System (System) accounts and 
exposures for examination activities and risk evaluation. The proposed 
regulation specifies the reporting requirement(s) and performance 
responsibilities, including, but not limited to, establishing uniform 
and standard data fields to be collected from all System institutions 
and a disciplined and secure delivery of information. The proposed 
regulation would authorize a Reporting Entity (defined as the Federal 
Farm Credit Banks Funding Corporation (Funding Corporation) or an 
entity approved by FCA), to collect data from all banks and 
associations and serve as the central data repository manager. 
Additionally, the proposed regulation would require all banks and 
associations to provide data to the Reporting Entity to facilitate the 
collection, enhancement, and reporting of data to FCA.

DATES: Comments on this proposed rule must be submitted on or before 
September 9, 2013.

ADDRESSES: We offer a variety of methods for you to submit your 
comments. For accuracy and efficiency reasons, commenters are 
encouraged to submit comments by email or through the FCA's Web site. 
As facsimiles (fax) are difficult for us to process and achieve 
compliance with section 508 of the Rehabilitation Act, we do not accept 
comments submitted by fax. Regardless of the method you use, please do 
not submit your comment multiple times via different methods. You may 
submit comments by any of the following methods:
     Email: Send us an email at reg-comm@fca.gov.
     FCA Web site: https://www.fca.gov. Select ``Public 
Commenters,'' then ``Public Comments,'' and follow the directions for 
``Submitting a Comment.''
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Barry F. Mardock, Deputy Director, Office of 
Regulatory Policy, Farm Credit Administration, 1501 Farm Credit Drive, 
McLean, VA 22102-5090.
    You may review copies of all comments we receive at our office in 
McLean, Virginia, or from our Web site at https://www.fca.gov. Once you 
are in the Web site, select ``Public Commenters,'' then ``Public 
Comments,'' and follow the directions for ``Reading Submitted Public 
Comments.'' We will show your comments as submitted, but for technical 
reasons we may omit items such as logos and special characters. 
Identifying information you provide, such as phone numbers and 
addresses, will be publicly available. However, we will attempt to 
remove email addresses to help reduce Internet spam.

FOR FURTHER INFORMATION CONTACT: Susan Coleman, Senior Policy Analyst, 
Office of Regulatory Policy, Farm Credit Administration, McLean, VA 
22102-5090, (703) 883-4491, TTY (703) 883-4056, or Jane Virga, Senior 
Counsel, Office of General Counsel, Farm Credit Administration, McLean, 
VA 22102-5090, (703) 883-4020, TTY (703) 883-4056.

SUPPLEMENTARY INFORMATION:

I. Objectives

    The objectives of this proposed rule are to:
     Reaffirm the authority for the FCA to collect data on 
System institution accounts and exposures for examination activities 
and risk evaluation;
     Require all banks and associations to provide data on 
accounts and exposures to the Reporting Entity, for the purposes of 
reporting to the FCA; and
     Establish the authority for and responsibilities of the 
Reporting Entity to collect, store, manage, and extrapolate data on 
accounts and exposures for reporting to the FCA.

II. Background

    The Farm Credit Act of 1971, as amended (Act),\1\ authorizes the 
FCA to issue regulations implementing the Act's provisions.\2\ Our 
regulations are intended to ensure the safe and sound operations of 
System institutions. In order to meet FCA's responsibility to ensure 
the safety and soundness of System institutions, we must have reliable, 
timely, accurate, and complete information about each banks' and 
associations' assets and liabilities.
---------------------------------------------------------------------------

    \1\ Public Law 92-181, 85 Stat. 583 (1971), 12 U.S.C. 2001 et 
seq.
    \2\ 12 U.S.C. 2252(a)(8), (9), and (10).
---------------------------------------------------------------------------

    Section 5.22A of the Act and Sec.  621.12(a) of FCA regulations 
require each System institution to prepare and file such reports of 
condition and performance as may be required by FCA. Further 
clarification is provided in Sec.  621.12(b), which states that these 
reports of condition and performance must be filed four times a year 
and may include such additional reports as may be necessary to ensure 
timely, complete, and accurate monitoring and evaluation of the 
affairs, condition, and performance of System institutions as 
determined by the Chief Examiner. In addition, Sec.  621.12(c) requires 
all reports of condition and performance to be submitted electronically 
in accordance with the instructions prescribed by FCA. Also, section 
5.9(4) of the Act provides FCA the power to require such reports as it 
deems necessary from System institutions.\3\
---------------------------------------------------------------------------

    \3\ Further, under section 5.17(a)(11) of the Act, the FCA may 
``[e]xercise such incidental powers as may be necessary or 
appropriate to fulfill its duties and carry out the purposes of 
{the{time}  Act.''
---------------------------------------------------------------------------

    For over a decade, the FCA has collected detailed asset reports 
through loan data extracts from System institutions to facilitate 
examination activities and risk evaluation, and shared the data with 
the Farm Credit System Insurance Corporation (FCSIC) on a confidential 
basis. The need for consistent, comprehensive, and comparable data 
across all System institutions has evolved, as the complexity and 
volume of assets has increased. The availability of quality and timely 
data on accounts and exposures, including any loan, lease, letter of 
credit, derivative, or, any other asset, liability, other balance sheet 
account, or off-balance sheet exposure, has become critical to 
efficient and effective examination activities and risk evaluation. 
Accordingly, we continue to work with the System to collect more 
comprehensive data submissions and enhance the reporting to facilitate 
the evaluation of changing lending risks and conditions.
    An integral component of the FCA's and FCSIC's ability to quickly 
and accurately identify and respond to risk is the collection of data 
on, and identification of, shared assets. Shared assets are any account 
or exposure where two or more System institutions have assumed a 
portion of the asset's benefits or risks. On October 3, 2012,

[[Page 48633]]

the FCA Board approved Bookletter BL-065, which describes FCA's 
expectations for each System institution and its board of directors to 
establish and implement an automated mechanism to consistently identify 
shared asset exposures.
    In addition to other objectives, and in order to facilitate the 
identification of shared asset exposures and enable System risk 
assessment, the System has proposed the Funding Corporation create a 
central data repository to collect and store data from all System banks 
and associations, establish an automated mechanism to timely and 
accurately identify the System's shared asset exposures, and report 
Systemwide accounts and exposures on behalf of the System banks and 
associations to the FCA. The Funding Corporation, in coordination with 
the banks and associations, has begun planning and developing the 
central data repository and has prepared to assume the role of the 
Reporting Entity for the banks' and associations' reports of accounts 
and exposures. The Reporting Entity may also be any other entity 
approved by the FCA.
    The proposed regulation reaffirms the FCA's authority to collect 
data from the System and communicates the authority for, and 
responsibilities of, the Reporting Entity to collect data on behalf of 
the System banks and associations for delivery to the FCA. The proposed 
rule also confirms FCA's authority to share examination reports or 
other information on System institutions prepared or held by the FCA 
with FCSIC. The proposed regulation would require the banks, 
associations, and Reporting Entity to establish a system of internal 
controls over the data. Additionally, the banks and associations will 
need to establish a data governance structure with the Reporting Entity 
to document the responsibilities and accountabilities for the 
conveyance, storage and uses of the information stored in the central 
data repository. This data governance structure should establish 
consensus among the banks, associations, and Reporting Entity and 
should be in place prior to the first transfer of data to the Reporting 
Entity.
    During the System's data repository development phase, the banks 
and associations will continue to prepare and submit the reports of 
accounts and exposures to the FCA in accordance with the instructions 
prescribed by the FCA. Upon satisfactory demonstration by the Reporting 
Entity of the ability to prepare reliable, timely, complete and 
accurate reporting of accounts and exposures, FCA will accept report(s) 
of all banks' and associations' accounts and exposures from the 
Reporting Entity, acting on behalf of the banks and associations.
    The proposed regulation would require that the Reporting Entity 
notify the FCA immediately in writing in the event of any breach of 
data confidentiality or if there is a request for data from the reports 
of accounts and exposures. Additionally, in the event of a breach of 
information, the Reporting Entity would have to provide written notice 
of the breach to each bank and association concerned so that it may 
determine whether any notice of the breach to any of its borrowers is 
required under applicable laws and regulations.
    The Reporting Entity may request that the banks and associations 
appoint a replacement Reporting Entity to assume the authorities and 
reporting obligations of the Reporting Entity described in the proposed 
regulation with 60 days prior notice to the FCA. Additionally, at their 
discretion, and with the approval of the FCA, the banks and 
associations may elect to select a replacement Reporting Entity to 
assume the authorities and reporting obligations of the Reporting 
Entity.

III. Section-by-Section Analysis

    We request and encourage any interested person to submit comments 
on this proposed rule and ask that you support your comments with 
relevant data or examples.

A. Disclosing Reports of Examination and Other Non-Public Information 
[Sec.  602.2]

    We propose adding a new paragraph (c) to Sec.  620.2 that we may 
disclose, without waiving any privilege or limiting any of the 
requirements of section 5.59 the Act, reports of examination and other 
examination and non-public information,\4\ including data from reports 
of System accounts and exposures received pursuant to Sec.  621.15 of 
this chapter, to the FCSIC pursuant to confidentiality and data 
security agreements executed between the agencies.
---------------------------------------------------------------------------

    \4\ Section 5.59(a)(5) of the Act provides that FCSIC, to the 
extent practicable, shall use the personnel and resources of the FCA 
to minimize duplication of effort and to reduce costs. Under section 
5.59(b), if the FCSIC Board considers it necessary to examine an 
insured System bank or a System association or any System 
institution in receivership, it may use FCA examiners to conduct the 
examination using reports and other information on the System 
institution prepared or held by the FCA. If the FCSIC Board 
determines that such reports or information are not adequate to 
enable FCSIC to carry out the duties of FCSIC under section 5.59(b), 
it may request the FCA to examine or to obtain other information 
from or about the System institution and provide FCSIC the resulting 
examination report or such other information. See also section 
5.19(d) of the Act.
---------------------------------------------------------------------------

B. Releasing Information--General Regulation [Sec.  618.8300]

    The proposed regulation would delete ``as authorized in the 
following paragraphs'' and substitute ``as authorized by Farm Credit 
Administration regulations'' to clarify that banks and associations can 
provide information not contained in published reports or press 
releases to the Reporting Entity, as provided in the proposed 
regulation.

C. Lists of Borrowers and Stockholders [Sec.  618.8310]

    We propose adding a new paragraph (c) to allow System institutions 
to provide information from its lists of borrowers and stockholders to 
the Reporting Entity, as provided in the proposed regulation.

D. Data Regarding Borrowers and Loan Applicants [Sec.  618.8320]

    We propose adding a new paragraph (b)(10) to allow System 
institutions to release information not contained in published reports 
or press releases to the Reporting Entity, as provided in the proposed 
regulation.

E. Definitions [Sec.  621.2]

    The proposed regulation would amend Sec.  621.2 by adding new 
definitions for the terms ``accounts and exposures,'' ``banks and 
associations,'' ``central data depository,'' ``reporting entity'' and 
``shared asset''.

F. Applicability and General Instructions [Sec.  621.12]

    The proposed regulation would amend the title of existing Sec.  
621.12 by removing ``Applicability and general instructions'' and 
inserting ``Reports of condition and performance''.

G. Reports of Accounts and Exposures [Sec.  621.15]

    The proposed regulation would establish a new Sec.  621.15, which 
provides that banks and associations must submit accurate and complete 
reports of accounts and exposures in accordance with the instructions 
prescribed by the FCA or as may be required by the FCA. The Reporting 
Entity would collect, store, and manage the information submitted to it 
by each bank and association under the requirements of this section in 
a central data repository. The Reporting Entity would prepare and 
submit electronic report(s) of accounts and exposures to the FCA from 
all banks and associations in accordance with FCA regulations and

[[Page 48634]]

prescribed instructions. The Reporting Entity would be required to 
establish, implement, and maintain an automated mechanism to ensure the 
reliable, timely, accurate and consistent identification of the banks' 
and associations' shared asset exposures, and report these exposures 
and the shared asset identifiers in the electronic quarterly report on 
accounts and exposures to the FCA.
    The proposed regulation would require each bank and association to 
provide written certification to the FCA and the Reporting Entity that 
the information provided in the report of accounts and exposures is a 
true and accurate record of the data maintained in the bank's or 
association's database, to the best of its knowledge and belief. 
Additionally, the Reporting Entity would be required to provide written 
certification to the FCA that the information provided in the report of 
all banks' and associations' accounts and exposures has been prepared 
in accordance with all applicable regulations and instructions and 
accurately represents the information provided to it by the banks and 
associations. The proposed regulation would require the banks, 
associations, and Reporting Entity to establish an effective system of 
internal controls over the data included in the report(s) of accounts 
and exposures, including controls for maintaining the confidentiality 
of borrower information.
    The proposed regulation would require the Reporting Entity to 
notify FCA immediately in writing of the following events: (1) If there 
is a breach of information; (2) if there is a request for data from the 
reports of accounts and exposures from non-System entities; or, (3) if 
it is unable to prepare and submit the report(s) of accounts and 
exposures in compliance with the requirements of this section. 
Additionally, in the event of a breach of information, the Reporting 
Entity would have to provide written notice of the breach to each bank 
and association concerned so that it may determine whether any notice 
of the breach to any of its borrowers is required under applicable laws 
and regulations.

IV. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), the FCA hereby certifies that the proposed rule 
would not have a significant economic impact on a substantial number of 
small entities. Each of the banks in the Farm Credit System, considered 
together with its affiliated associations, has assets and annual income 
in excess of the amounts that would qualify them as small entities. 
Therefore, Farm Credit System institutions are not ``small entities'' 
as defined in the Regulatory Flexibility Act.

List of Subjects

12 CFR Part 602

    Courts, Freedom of information, Government employees.

12 CFR Part 618

    Agriculture, Archives and records, Banks, banking, Insurance, 
Reporting and recordkeeping requirements, Rural areas, Technical 
assistance.

12 CFR Part 621

    Accounting, Agriculture, Banks, banking, Penalties, Reporting and 
recordkeeping requirements, Rural areas.

    For the reasons stated in the preamble, parts 602, 618 and 621 of 
chapter VI, title 12 of the Code of Federal Regulations, are proposed 
to be amended as follows:

PART 602--RELEASING INFORMATION

0
1. The authority citation for part 602 is revised to read as follows:

    Authority: Secs. 5.9, 5.17, 5.59 of the Farm Credit Act (12 
U.S.C. 2243, 2252, 2277a-8); 5 U.S.C 301, 552; 12 U.S.C. 1821(t); 52 
FR 10012; E.O. 12600; 52 FR 23781, 3 CFR 1987, p. 235.

0
2. Section 602.2 is amended by:
0
a. Revising the heading;
0
b. Redesignating existing paragraph (c) as newly designated paragraph 
(d); and
0
c. Adding new paragraph (c) to read as follows:


Sec.  602.2  Disclosing reports of examination and other non-public 
information.

* * * * *
    (c) Disclosure to the Farm Credit System Insurance Corporation. 
Without waiving any privilege or limiting any of the requirements of 
section 5.59 of the Farm Credit Act of 1971, as amended, we may 
disclose reports of examination and other examination and non-public 
information, including data from reports of System accounts and 
exposures received pursuant to Sec.  621.15 of this chapter, to the 
Farm Credit System Insurance Corporation pursuant to confidentiality 
and data security agreements executed between the agencies.
* * * * *

PART 618--GENERAL PROVISIONS

0
3. The authority citation for part 618 continues to read as follows:

    Authority:  Secs. 1.5, 1.11, 1.12, 2.2, 2.4, 2.5, 2.12, 3.1, 
3.7, 4.12, 4.13A, 4.25, 4.29, 5.9, 5.10, 5.17, of the Farm Credit 
Act (12 U.S.C. 2013, 2019, 2020, 2073, 2075, 2076, 2093, 2122, 2128, 
2183, 2200, 2211, 2218, 2243, 2244, 2252).

0
4. Section 618.8300 is amended by removing the words ``as authorized in 
the following paragraphs'' and adding in their place, the words ``as 
authorized by Farm Credit Administration regulations''.
0
5. Section 618.8310 is amended by adding a new paragraph (c) to read as 
follows:


Sec.  618.8310  Lists of borrowers and stockholders.

* * * * *
    (c) In connection with preparing and submitting an electronic 
report of all System accounts and exposures to the Farm Credit 
Administration in accordance with the requirements of Sec.  621.15 of 
this chapter, each bank and association may provide information from 
its lists of borrowers and stockholders to the Reporting Entity as 
defined in Sec.  621.2 of this chapter.
0
6. Section 618.8320 is amended by adding a new paragraph (b)(10) to 
read as follows:


Sec.  618.8320  Data regarding borrowers and loan applicants.

* * * * *
    (b) * * *
    (10) * * * In connection with preparing and submitting an 
electronic report of all System accounts and exposures to the Farm 
Credit Administration in accordance with the requirements of Sec.  
621.15 of this chapter, each bank and association may provide data on 
its accounts and exposures to the Reporting Entity as defined in Sec.  
621.2 of this chapter.
* * * * *

PART 621--ACCOUNTING AND REPORTING REQUIREMENTS

0
7. The authority citation for part 621 continues to read as follows:

    Authority: Secs. 5.17, 8.11 of the Farm Credit Act (12 U.S.C. 
2252, 2279aa-11); sec. 514 of Pub. L. 102-552.

0
8. Section 621.2 is amended by:
0
a. Redesignating paragraph (a) as paragraph (b), paragraph (b) as 
paragraph (d), and paragraphs (c) through (i) as paragraphs (f) through 
(l), respectively; and
0
b. Adding new paragraphs (a), (c), (e), (m) and (n) to read as follows:


Sec.  621.2  Definitions.

    (a) Accounts and exposures means data related to any loan, lease, 
letter of credit, derivative, or, any other asset,

[[Page 48635]]

liability, other balance sheet account, or off-balance sheet exposure 
of a System institution.
* * * * *
    (c) Banks and associations mean all Farm Credit banks, Agricultural 
credit banks, and associations.
* * * * *
    (e) Central data repository means a central data warehouse that 
electronically collects and stores current and historical data and is 
created by integrating data from one or more disparate sources.
* * * * *
    (m) Reporting Entity means the Federal Farm Credit Banks Funding 
Corporation, or other entity approved by the Farm Credit 
Administration.
    (n) Shared asset means any account or exposure where two or more 
Farm Credit institutions have assumed a portion of the asset's benefits 
or risks. An institution's share in the asset may be established 
through means such as syndications, participation agreements, 
assignments, or other arrangements with System entities.
0
9. Revise the heading of subpart D to read as follows.

Subpart D--Reports of Condition and Performance and Accounts and 
Exposures

0
10. Section 621.12 is amended by revising the heading to read as 
follows:


Sec.  621.12  Reports of condition and performance.

0
11. Subpart D is amended by adding a new Sec.  621.15 to read as 
follows:


Sec.  621.15  Reports of accounts and exposures.

    (a) Responsibilities of banks and associations for preparing and 
submitting reports. The banks and associations must prepare and submit 
an accurate and complete report of all bank and association accounts 
and exposures electronically to the Farm Credit Administration pursuant 
to the requirements of this part. In order to accomplish such 
submission, each bank and association must:
    (1) Prepare and submit an accurate and complete report of its 
accounts and exposures electronically to the Reporting Entity:
    (i) In accordance with the instructions prescribed by the Farm 
Credit Administration, or as may be required by the Farm Credit 
Administration; and
    (ii) Within 20 calendar days after each quarter-end date, and at 
such other times as the Farm Credit Administration may require.
    (2) Submit to the Farm Credit Administration and the Reporting 
Entity a written certification that the information provided in the 
report of accounts and exposures has been prepared in accordance with 
all applicable regulations and instructions, and is a true and accurate 
record of the data maintained in the bank's or association's database, 
to the best of its knowledge and belief. The reports shall be certified 
by the officer of the reporting bank or association named for that 
purpose by action of the reporting bank's or association's board of 
directors. If the board of directors of the bank or association has not 
acted to name an officer to certify to the accuracy of its reports of 
accounts and exposures, then the reports shall be certified by the 
president or chief executive officer of the reporting bank or 
association. In the event the bank or association learns of a material 
error or misstatement in the information submitted to the Reporting 
Entity, it must notify the Reporting Entity and the Farm Credit 
Administration immediately of the error or misstatement and prepare and 
submit corrected information as soon as practicable.
    (3) Respond promptly to any questions by the Reporting Entity 
related to information provided under this section in connection with 
the preparation of a report of accounts and exposures, including any 
data required to establish, implement and maintain consistent, 
accurate, and complete shared asset identification and reporting of 
shared asset exposures to the Farm Credit Administration.
    (4) Develop, implement and maintain an effective system of internal 
controls over the data included in the report of accounts and 
exposures, including controls for maintaining the confidentiality of 
borrower information. The system of internal controls, at a minimum, 
must comply with the requirements of applicable Farm Credit 
Administration regulations, including Sec.  618.8430 of this chapter.
    (b) Responsibilities of the Reporting Entity for preparing and 
submitting reports. The Reporting Entity must:
    (1) Collect, store, and manage the information submitted to it by 
each bank and association under the requirements of this section in a 
central data repository in accordance with Farm Credit Administration 
regulations and prescribed instructions.
    (2) Prepare and submit an electronic quarterly report on the 
accounts and exposures of all banks and associations to the Farm Credit 
Administration in accordance with the instructions prescribed by the 
Farm Credit Administration or as may be required by the Farm Credit 
Administration;
    (3) Establish, implement, and maintain an automated mechanism to 
ensure the reliable, timely, accurate and consistent identification of 
the banks' and associations' shared asset exposures, and report these 
exposures and the shared asset identifiers in the electronic quarterly 
report on accounts and exposures to the Farm Credit Administration. In 
connection with establishing and implementing the automated shared 
asset identification mechanism, the Reporting Entity may provide the 
banks and associations information from the central data repository to 
identify and report shared asset exposures.
    (4) Submit to the Farm Credit Administration a written 
certification that the information provided in the report of each 
banks' and associations' accounts and exposures has been prepared in 
accordance with all applicable regulations and instructions and 
accurately represents the information provided to it by the banks and 
associations. The reports shall be certified by the president or chief 
executive officer of the Reporting Entity. In the event the Reporting 
Entity learns of a material error or misstatement in the information 
submitted to the Farm Credit Administration, it must notify the Farm 
Credit Administration immediately of the error or misstatement and 
prepare and submit corrected information as soon as practicable.
    (5) Develop, implement and maintain an effective system of internal 
controls over the central data repository, including controls for 
maintaining the confidentiality of borrower information. The system of 
internal controls, at a minimum, must comply with the requirements of 
applicable Farm Credit Administration regulations, including Sec.  
618.8430 of this chapter and require that the Reporting Entity:
    (i) Develop policies and procedures to ensure that the information 
submitted in the report on accounts and exposures to the Farm Credit 
Administration is complete and consistent with the information 
submitted to the Reporting Entity from the banks and associations under 
Sec.  621.15(a); and
    (ii) Specify procedures for monitoring any material corrections or 
adjustments, in a timely manner, and provide timely notification and 
resubmission of the report on accounts and exposures to the Farm Credit 
Administration.
    (6) Notify the Farm Credit Administration if it is unable to 
prepare and submit the quarterly report of accounts and exposures in 
compliance

[[Page 48636]]

with the requirements of this section. The notification:
    (i) Must be signed by the chief executive officer, or person in an 
equivalent position, and submitted to the Farm Credit Administration as 
soon as the Reporting Entity becomes aware of its inability to comply;
    (ii) Must explain the reasons for its inability to prepare and 
submit the report; and
    (iii) May include a request that the Farm Credit Administration 
extend the due date for the quarterly report of accounts and exposures.
    (7) In the event there is a breach of information, immediately 
provide written notice of the breach to:
    (i) The Farm Credit Administration; and
    (ii) Each bank and association concerned so that it may determine 
whether any notice of the breach to any of its borrowers is required 
under applicable laws and regulations and, if so, each bank and 
association shall be responsible for providing such notification;
    (iii) For the purposes of this section, ``breach of information'' 
means unauthorized acquisition of or access to the central data 
repository, any quarterly reports of accounts and exposures or any 
other information received pursuant to Sec.  621.15(a)(1).
    (8) Notify the Farm Credit Administration in writing of any request 
for data contained in the reports of accounts and exposures that are 
not explicitly allowed for in Sec.  618.8320(b) of this chapter.

    Dated: August 5, 2013.
Dale L. Aultman,
Secretary, Farm Credit Administration Board.
[FR Doc. 2013-19231 Filed 8-8-13; 8:45 am]
BILLING CODE 6705-01-P
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