Freedom of Information Act and Privacy Act; implementation,

[Federal Register: September 10, 1998 (Volume 63, Number 175)]

[Proposed Rules]

[Page 48452-48453]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr10se98-19]

EXPORT-IMPORT BANK OF THE UNITED STATES

12 CFR Part 404

Comprehensive Revision of Export-Import Bank of the United States Freedom of Information Act, Privacy Act, and Other Information Disclosure Regulations and Implementation of Electronic Freedom of Information Act Amendments of 1996

AGENCY: Export-Import Bank of the United States.

ACTION: Supplemental proposed rule; Reopening of comment period.

SUMMARY: This document sets forth one proposed section that was not included in the Export-Import Bank's original proposed rule, published on December 4, 1997 (62 FR 64177). This section will notify interested parties that disclosures of information in connection with program development, asset disposition, debt collection, and risk reduction efforts may take place when the Ex-Im Bank President determines that disclosure is needed to support the Bank's promotion of policy and

[[Page 48453]]

programmatic objectives and that disclosure in such limited circumstances will not subject the submitter of the information to commercial harm. This supplemental notice was originally published in the Federal Register on August 4, 1998, and had an ending comment period of September 3, 1998. Due to several request for extension, the Export-Import Bank has decided to extend the comment period.

DATES: Interested persons are invited to submit comments on or before September 24, 1998.

ADDRESSES: Address all comments concerning this proposed rule to Howard A. Schweitzer, Counsel for Administration, Export-Import Bank of the United States, 811 Vermont Avenue, N.W., Room 951, Washington, D.C. 20571.

FOR FURTHER INFORMATION CONTACT: Howard A. Schweitzer, (202) 565-3229.

SUPPLEMENTARY INFORMATION: The Export-Import Bank of the United States (Ex-Im Bank or ``the Bank'') is proposing the following amendment under the authority of the Export-Import Bank Act of 1945, 12 U.S.C. 635. The purpose of the proposed amendment is to ensure that necessary disclosures of information in connection with developing Bank programs are consistent with relevant law and regulation. The following proposed section provides for disclosure of such information only when the disclosure is necessary to support the Bank's promotion of policy and programmatic objectives and only if Ex-Im Bank's President determines that the disclosure will not subject the submitter of the information to commercial harm.

The determinations concerning the Regulatory Flexibility Act, Executive Order 12866, the Unfunded Mandates Reform Act, and the Small Business Enforcement Fairness Act of 1996 that Ex-Im Bank made in connection with publication of the original proposed rule apply to this supplemental notice of proposed rulemaking.

List of Subjects in 12 CFR Part 404

Administrative practice and procedure, Confidential business information, Freedom of Information, Privacy.

For the reasons stated in the preamble, Ex-Im Bank proposes to amend 12 CFR chapter IV as follows:

PART 404--INFORMATION DISCLOSURE

1. The authority citation for part 404 is revised to read as follows:

   Authority: 5 U.S.C. 552 and 552a. Section 404.7 also issued under E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235. Section 404.21 also issued under 5 U.S.C. 552a note. Section 404.70 issued under 12 U.S.C. 635.

2. Part 404, as proposed to be revised at 62 FR 64178, is further amended by adding and reserving subparts C and D and adding subpart E to read as follows:

   PART 404--INFORMATION DISCLOSURE

   Subpart E--Miscellaneous Information Disclosure Provisions

   Sec. 404.70 Asset disposition, program development, and risk reduction efforts.

   Subpart E--Miscellaneous Information Disclosure Provisions

   Sec. 404.70 Asset disposition, program development, and risk reduction efforts.

   (a) Purpose and scope. The purpose of this section is to provide for disclosure, only in the context of program development, asset disposition, debt collection, and risk reduction efforts, of confidential commercial or financial information when such disclosure is needed to facilitate the Bank's support of the export of goods and services. Ex-Im Bank shall disclose such information only to persons, as defined in Sec. 404.2, who require access to such information to perform their intended services on behalf of the Bank.

   (b) Disclosure of information. Ex-Im Bank may in connection with program development, asset disposition, debt collection and risk reduction efforts, disclose information described in 5 U.S.C. 552(b)(4) that is provided to Ex-Im Bank in connection with applications for financial support or related transactions, when the Ex-Im Bank President determines that disclosure is needed to support the Bank's promotion of policy and programmatic objectives and that disclosure in such limited circumstances will not subject the submitter of the information to commercial harm. Ex-Im Bank does not waive its right to withhold information, in response to a FOIA request, that has been or could be disclosed pursuant to this section if Ex-Im Bank determines that such disclosure could subject the submitter of the information to commercial harm.

   (c) Protections. Whenever possible, Ex-Im Bank shall enter into confidentiality agreements intended to protect the confidentiality of any commercial or financial information disclosed pursuant to this section.

   Dated: September 3, 1998. Elaine Stangland, Deputy General Counsel.

   [FR Doc. 98-24274Filed9-9-98; 8:45 am]

   BILLING CODE 6690-01-M