[Federal Register Volume 63, Number 149 (Tuesday, August 4, 1998)]
[Proposed Rules]
[Pages 41478-41479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20802]
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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 notice of proposed rulemaking.
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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
programmatic objectives and that disclosure in such limited
circumstances will not subject the submitter of the information to
commercial harm.
dates: Submit comments on or before September 3, 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, NW, Room 951, Washington, DC 20571.
for further information contact: Howard A. Schweitzer, (202) 565-3229.
supplementary information: The Export-Import Bank of the U.S. (``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:
[[Page 41479]]
Subpart C--[Reserved]
Subpart D--[Reserved]
Subpart E--Miscellaneous Information Disclosure Provisions
Sec.
404.70 Asset disposition, program development, and risk reduction
efforts.
Subpart C--[Reserved]
Subpart D--[Reserved]
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: July 30, 1998.
Kenneth W. Hansen,
General Counsel.
[FR Doc. 98-20802 Filed 8-3-98; 8:45 am]
BILLING CODE 6690-01-M
