Releasing Information; General Provisions; Accounting and Reporting Requirements; Reports of Accounts and Exposures, 48632-48636 [2013-19231]
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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.
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SUMMARY:
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• 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).
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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.’’
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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
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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.
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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
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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
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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:
■
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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,
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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:
■
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§ 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
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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
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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
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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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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