43418 Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations
document, we are adopting the
provisions of the proposal as a final rule
without change.
Executive Order 12866 and Regulatory
Flexibility Act
This final rule has been reviewed
under Executive Order 12866. The rule
has been determined to be not
significant for the purposes of Executive
Order 12866 and, therefore, has not
been reviewed by the Office of
Management and Budget.
We are amending the regulations by
adding vesicular stomatitis to the list of
diseases from which a horse’s premises
of origin and adjoining premises must
be free before the horse may be
imported into the United States.
Vesicular stomatitis is recognized
internationally as a serious disease of
horses, cattle, swine, and llamas.
Animals that are infected with vesicular
stomatitis develop lesions in the mouth
and on the dental pad, tongue, lips,
nostrils, hooves, and teats. These lesions
swell and break, exposing raw tissue.
This raw tissue is so painful for the
infected animals that they often refuse
to eat and show signs of lameness.
Substantial weight loss normally
follows. As a result of infection, dairy
cows often develop mastitis, infection of
the udder, and many go dry.
Many countries that import U.S.
livestock and animal products could
refuse to import such products from the
United States if vesicular stomatitis
were allowed to spread across the
United States. Currently, no premises in
the United States are under quarantine
because of vesicular stomatitis, but as
recently as the summer of 1995, several
premises in four Western States were
under quarantine because of vesicular
stomatitis. This rule will help prevent
future outbreaks of this disease.
This rule will involve no additional
costs for U.S. horse importers, large or
small. Additionally, we do not expect
this rule to affect the availability of
horses for importation to the United
States. Restrictions will only be placed
on horses from specific premises.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State
and local laws and regulations that are
inconsistent with this rule; (2) has no
retroactive effect; and (3) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
This rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 92
Animal diseases, Imports, Livestock,
Poultry and poultry products,
Quarantine, Reporting and
recordkeeping requirements.
Accordingly, 9 CFR part 92 is
amended as follows:
PART 92—IMPORTATION OF CERTAIN
ANIMALS AND POULTRY AND
CERTAIN ANIMAL AND POULTRY
PRODUCTS; INSPECTION AND OTHER
REQUIREMENTS FOR CERTAIN
MEANS OF CONVEYANCE AND
SHIPPING CONTAINERS THEREON
1. The authority citation for part 92
continues to read as follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;
21 U.S.C. 102–105, 111, 114a, 134a, 134b,
134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).
§ 92.314 [Amended]
2. In § 92.314, the first sentence is
amended by adding ‘‘vesicular
stomatitis,’’ immediately following
‘‘Venezuelan equine
encephalomyelitis,’’.
Done in Washington, DC, this 20th day of
August 1996.
A. Strating,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 96–21557 Filed 8–22–96; 8:45 am]
BILLING CODE 3410–34–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 310
RIN 3064–AB80
Privacy Act Regulations
AGENCY: Federal Deposit Insurance
Corporation.
ACTION: Final rule.
SUMMARY: The FDIC’s Privacy Act
Regulations were reviewed in
accordance with the requirements of
section 303 of the Riegle Community
Development and Regulatory
Improvement Act of 1994 (RCDRIA) and
the FDIC’s ongoing Regulatory Review
Program. As a result of this review, the
FDIC is amending its Privacy Act
Regulations in order to delete outmoded
terms and otherwise update and clarify
the regulations. The revisions are minor
and technical in nature.
EFFECTIVE DATE: August 23, 1996.
FOR FURTHER INFORMATION CONTACT:
Dianne M. Salva, Senior Attorney,
Office of the Executive Secretary, (202)
898–3819; Richard White, Attorney,
Office of the Executive Secretary, (202)
898–7247; Michelle Borzillo, Counsel,
Legal Division, (202) 898–7400, Karen L.
Main, Senior Attorney, Legal Division,
(202) 898–8838, Federal Deposit
Insurance Corporation, 550 17th Street,
NW., Washington, DC. 20429.
SUPPLEMENTARY INFORMATION:
I. Discussion
Part 310 of the FDIC’s Rules and
Regulations implements the Privacy Act
of 1974, 5 U.S.C. 552a. The Privacy Act
is a records management statute
designed to balance the government’s
need to maintain information about
individuals with the rights of
individuals to be protected against
unwarranted invasions of their privacy
stemming from federal agencies’
collection, maintenance, use, and
disclosure of personal information about
them.
Consistent with the Privacy Act, part
310 provides a means by which
individuals may obtain non-exempt
FDIC records indexed under their name.
It also permits the amendment of
inaccurate records and places
restrictions on the release of covered
information within and outside the
FDIC.
The FDIC’s Privacy Act Regulations
were reviewed in accordance with the
requirements of section 303 of the
RCDRIA and the FDIC’s ongoing
Regulatory Review Program. As a result
of this review, the FDIC is amending
Part 310 through this final rule in order
to delete outmoded terms and otherwise
update and clarify the regulations.
The revisions are minor and technical
in nature. More specifically, the final
rule would (1) clarify the regulatory
statement of purpose and scope; (2)
replace references to the ‘‘Civil Service
Commission’’ with ‘‘United States
Office of Personnel Management’’; (3)
replace references to the ‘‘Records Unit’’
with ‘‘FOIA/PA Unit’’; (4) clarify that
access to, or amendment of,
government-wide systems of records
shall be controlled by the regulations
and notices prescribed by the
sponsoring government agency; (5)
conform part 310 to a court ruling
permitting the use of an unsworn
declaration under penalty of perjury in
lieu of a notarized certification to
document, we are adopting the
provisions of the proposal as a final rule
without change.
Executive Order 12866 and Regulatory
Flexibility Act
This final rule has been reviewed
under Executive Order 12866. The rule
has been determined to be not
significant for the purposes of Executive
Order 12866 and, therefore, has not
been reviewed by the Office of
Management and Budget.
We are amending the regulations by
adding vesicular stomatitis to the list of
diseases from which a horse’s premises
of origin and adjoining premises must
be free before the horse may be
imported into the United States.
Vesicular stomatitis is recognized
internationally as a serious disease of
horses, cattle, swine, and llamas.
Animals that are infected with vesicular
stomatitis develop lesions in the mouth
and on the dental pad, tongue, lips,
nostrils, hooves, and teats. These lesions
swell and break, exposing raw tissue.
This raw tissue is so painful for the
infected animals that they often refuse
to eat and show signs of lameness.
Substantial weight loss normally
follows. As a result of infection, dairy
cows often develop mastitis, infection of
the udder, and many go dry.
Many countries that import U.S.
livestock and animal products could
refuse to import such products from the
United States if vesicular stomatitis
were allowed to spread across the
United States. Currently, no premises in
the United States are under quarantine
because of vesicular stomatitis, but as
recently as the summer of 1995, several
premises in four Western States were
under quarantine because of vesicular
stomatitis. This rule will help prevent
future outbreaks of this disease.
This rule will involve no additional
costs for U.S. horse importers, large or
small. Additionally, we do not expect
this rule to affect the availability of
horses for importation to the United
States. Restrictions will only be placed
on horses from specific premises.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State
and local laws and regulations that are
inconsistent with this rule; (2) has no
retroactive effect; and (3) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
This rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 9 CFR Part 92
Animal diseases, Imports, Livestock,
Poultry and poultry products,
Quarantine, Reporting and
recordkeeping requirements.
Accordingly, 9 CFR part 92 is
amended as follows:
PART 92—IMPORTATION OF CERTAIN
ANIMALS AND POULTRY AND
CERTAIN ANIMAL AND POULTRY
PRODUCTS; INSPECTION AND OTHER
REQUIREMENTS FOR CERTAIN
MEANS OF CONVEYANCE AND
SHIPPING CONTAINERS THEREON
1. The authority citation for part 92
continues to read as follows:
Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;
21 U.S.C. 102–105, 111, 114a, 134a, 134b,
134c, 134d, 134f, 135, 136, and 136a; 31
U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.2(d).
§ 92.314 [Amended]
2. In § 92.314, the first sentence is
amended by adding ‘‘vesicular
stomatitis,’’ immediately following
‘‘Venezuelan equine
encephalomyelitis,’’.
Done in Washington, DC, this 20th day of
August 1996.
A. Strating,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 96–21557 Filed 8–22–96; 8:45 am]
BILLING CODE 3410–34–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 310
RIN 3064–AB80
Privacy Act Regulations
AGENCY: Federal Deposit Insurance
Corporation.
ACTION: Final rule.
SUMMARY: The FDIC’s Privacy Act
Regulations were reviewed in
accordance with the requirements of
section 303 of the Riegle Community
Development and Regulatory
Improvement Act of 1994 (RCDRIA) and
the FDIC’s ongoing Regulatory Review
Program. As a result of this review, the
FDIC is amending its Privacy Act
Regulations in order to delete outmoded
terms and otherwise update and clarify
the regulations. The revisions are minor
and technical in nature.
EFFECTIVE DATE: August 23, 1996.
FOR FURTHER INFORMATION CONTACT:
Dianne M. Salva, Senior Attorney,
Office of the Executive Secretary, (202)
898–3819; Richard White, Attorney,
Office of the Executive Secretary, (202)
898–7247; Michelle Borzillo, Counsel,
Legal Division, (202) 898–7400, Karen L.
Main, Senior Attorney, Legal Division,
(202) 898–8838, Federal Deposit
Insurance Corporation, 550 17th Street,
NW., Washington, DC. 20429.
SUPPLEMENTARY INFORMATION:
I. Discussion
Part 310 of the FDIC’s Rules and
Regulations implements the Privacy Act
of 1974, 5 U.S.C. 552a. The Privacy Act
is a records management statute
designed to balance the government’s
need to maintain information about
individuals with the rights of
individuals to be protected against
unwarranted invasions of their privacy
stemming from federal agencies’
collection, maintenance, use, and
disclosure of personal information about
them.
Consistent with the Privacy Act, part
310 provides a means by which
individuals may obtain non-exempt
FDIC records indexed under their name.
It also permits the amendment of
inaccurate records and places
restrictions on the release of covered
information within and outside the
FDIC.
The FDIC’s Privacy Act Regulations
were reviewed in accordance with the
requirements of section 303 of the
RCDRIA and the FDIC’s ongoing
Regulatory Review Program. As a result
of this review, the FDIC is amending
Part 310 through this final rule in order
to delete outmoded terms and otherwise
update and clarify the regulations.
The revisions are minor and technical
in nature. More specifically, the final
rule would (1) clarify the regulatory
statement of purpose and scope; (2)
replace references to the ‘‘Civil Service
Commission’’ with ‘‘United States
Office of Personnel Management’’; (3)
replace references to the ‘‘Records Unit’’
with ‘‘FOIA/PA Unit’’; (4) clarify that
access to, or amendment of,
government-wide systems of records
shall be controlled by the regulations
and notices prescribed by the
sponsoring government agency; (5)
conform part 310 to a court ruling
permitting the use of an unsworn
declaration under penalty of perjury in
lieu of a notarized certification to
43419Federal Register / Vol. 61, No. 165 / Friday, August 23, 1996 / Rules and Regulations
1 Summers v. DOJ, 999 F. 2d 570 (D.C. Cir. 1993).
2 Benavides v. Bureau of Prisons, 995 F.2d 269
(D.C. Cir. 1993).
establish identity,1 and further clarify
that personal identity may be
established through documents
typically used for identification
purposes; (6) conform part 310 to a
court ruling providing that a requester
has a right to obtain non-exempt
information pertaining to him or herself
even if such records are medically
sensitive;2 (7) clarify that the
restrictions on disclosure do not apply
to disclosures to a consumer reporting
agency in accordance with 31 U.S.C.
3711(f); (8) move the text of § 310.10(c)
to § 310.9(d) for purposes of clarity and
re-number the remaining paragraphs;
and (9) waive the imposition of fees
when duplication costs are less than $10
(up from $2).
With regard to the minimum billing
amount, section 552a(f) of the Privacy
Act requires agencies to promulgate
rules establishing fees to be charged to
any individual for making copies of his
or her records. The change to part 310
regarding the minimum billing amount
conforms part 310 to the changes made
to the minimum billing provision
contained in 12 CFR part 309. These
changes were based on the calculation,
made by the FDIC Division of Finance,
of the Corporation’s costs to process the
receipt of a payment.
As a result of these amendments, the
FDIC’s Privacy Act Regulations provide
a more streamlined and efficient process
under which individuals may obtain
information from the Corporation, thus
meeting the goals of section 303 of the
RCDRIA.
II. Public Comment Waiver and
Effective Date
The amendments remove obsolete
terms, make technical corrections and
conform and clarify procedures for
obtaining non-exempt records. Public
comment on these changes is
unnecessary and contrary to the public
interest because the proposed changes
reduce public burden, are relatively
minor, and the FDIC has no discretion
with regard to their substance. Thus, the
Board has found that there exists good
cause for not following the provisions of
5 U.S.C. 553(b) relating to notice and
public participation in connection with
the adoption of these amendments.
Alternatively, the Board finds that the
provisions of 5 U.S.C. 553(b) relating to
notice and public participation do not
apply in connection with the adoption
of these amendments because part 310
is a procedural rule.
The Board also finds that the 30-day
delayed effective date required under 5
U.S.C. 553(d), should be waived and
that the amendments should become
effective upon publication. As noted
above, the amendments remove obsolete
terms, make technical corrections and
conform and clarify procedures for
obtaining non-exempt records. The
amendments reduce public burden, are
relatively minor, and the FDIC has no
discretion with regard to their
substance. The amendments are of such
a nature that the public does not need
a delayed period of time in which to
conform or adjust to the amendments.
Thus, the Board finds that there exists
good cause for not delaying the effective
date of these amendments.
Consequently, the final rule will be
effective upon publication in the
Federal Register.
Section 302 of the RCDRIA, 12 U.S.C.
4802(b), requires that all new
regulations and amendments to
regulations prescribed by a Federal
banking agency which impose
additional reporting, disclosure, or other
new requirements on insured depository
institutions shall take effect on the first
day of a calendar quarter. This final rule
does not impose additional reporting,
disclosure, or other new requirements
on insured depository institutions,
however. Consequently, the Board has
determined that section 302 of the
RCDRIA does not apply and that this
final rule should become effective upon
publication.
III. Matters of Regulatory Procedure
Regulatory Flexibility Act
Because no general notice of proposed
rulemaking was published prior to this
final rule, the requirements of Chapter
6 of Title 5 of the United States Code for
an initial and final regulatory flexibility
analysis do not apply, 5 U.S.C. 601(2).
Paperwork Reduction Act
No collections of information
pursuant to section 3504(h) of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) are contained in this
notice. Consequently, no information
has been submitted to the Office of
Management and Budget.
List of Subjects in 12 CFR Part 310
Banks, banking, Credit, Privacy.
For the reasons set forth above, 12
CFR part 310 is amended as set forth
below:
PART 310—PRIVACY ACT
REGULATIONS
1. The authority citation for part 310
continues to read as follows:
Authority: 5 U.S.C. 552a.
2. In Part 310 all references to
‘‘Records Unit’’ are revised to read
‘‘FOIA/PA Unit’’.
3. Section 310.1 is revised to read as
follows:
§ 310.1 Purpose and scope.
The purpose of this part is to establish
regulations implementing the Privacy
Act of 1974, 5 U.S.C. 552a. These
regulations delineate the procedures
that an individual must follow in
exercising his or her access or
amendment rights under the Privacy Act
to records maintained by the
Corporation in systems of records.
4. Section 310.3(a) is revised to read
as follows:
§ 310.3 Procedures for requests pertaining
to individual records in a system of records.
(a) Any present or former employee of
the Corporation seeking access to, or
amendment of, his/her official
personnel records maintained by the
Corporation shall submit his/her request
in such manner as is prescribed by the
United States Office of Personnel
Management in part 297 of its rules and
regulations (5 CFR part 297). For access
to, or amendment of, other government-
wide records systems maintained by the
Corporation, the procedures prescribed
in the respective Federal Register
Privacy Act system notice shall be
followed.
* * * * *
§ 310.4 [Amended]
5. Section 310.4 is amended by
revising paragraphs (b) and (c) to read
as follows:
* * * * *
(b) Individuals appearing in person at
the Corporation seeking access to or
amendment of their records shall
present two forms of reasonable
identification, such as employment
identification cards, driver’s licenses, or
other identification cards or documents
typically used for identification
purposes.
(c) Except for records that must be
publicly disclosed pursuant to the
Freedom of Information Act, 5 U.S.C.
552, where the Corporation determines
it to be necessary for the individual’s
protection, a certification of a duly
commissioned notary public, of any
state or territory, attesting to the
requesting individual’s identity, or an
unsworn declaration subscribed to as
true under the penalty of perjury under
the laws of the United States of
America, at the election of the
individual, may be required before a
written request seeking access to or
amendment of a record will be honored.
1 Summers v. DOJ, 999 F. 2d 570 (D.C. Cir. 1993).
2 Benavides v. Bureau of Prisons, 995 F.2d 269
(D.C. Cir. 1993).
establish identity,1 and further clarify
that personal identity may be
established through documents
typically used for identification
purposes; (6) conform part 310 to a
court ruling providing that a requester
has a right to obtain non-exempt
information pertaining to him or herself
even if such records are medically
sensitive;2 (7) clarify that the
restrictions on disclosure do not apply
to disclosures to a consumer reporting
agency in accordance with 31 U.S.C.
3711(f); (8) move the text of § 310.10(c)
to § 310.9(d) for purposes of clarity and
re-number the remaining paragraphs;
and (9) waive the imposition of fees
when duplication costs are less than $10
(up from $2).
With regard to the minimum billing
amount, section 552a(f) of the Privacy
Act requires agencies to promulgate
rules establishing fees to be charged to
any individual for making copies of his
or her records. The change to part 310
regarding the minimum billing amount
conforms part 310 to the changes made
to the minimum billing provision
contained in 12 CFR part 309. These
changes were based on the calculation,
made by the FDIC Division of Finance,
of the Corporation’s costs to process the
receipt of a payment.
As a result of these amendments, the
FDIC’s Privacy Act Regulations provide
a more streamlined and efficient process
under which individuals may obtain
information from the Corporation, thus
meeting the goals of section 303 of the
RCDRIA.
II. Public Comment Waiver and
Effective Date
The amendments remove obsolete
terms, make technical corrections and
conform and clarify procedures for
obtaining non-exempt records. Public
comment on these changes is
unnecessary and contrary to the public
interest because the proposed changes
reduce public burden, are relatively
minor, and the FDIC has no discretion
with regard to their substance. Thus, the
Board has found that there exists good
cause for not following the provisions of
5 U.S.C. 553(b) relating to notice and
public participation in connection with
the adoption of these amendments.
Alternatively, the Board finds that the
provisions of 5 U.S.C. 553(b) relating to
notice and public participation do not
apply in connection with the adoption
of these amendments because part 310
is a procedural rule.
The Board also finds that the 30-day
delayed effective date required under 5
U.S.C. 553(d), should be waived and
that the amendments should become
effective upon publication. As noted
above, the amendments remove obsolete
terms, make technical corrections and
conform and clarify procedures for
obtaining non-exempt records. The
amendments reduce public burden, are
relatively minor, and the FDIC has no
discretion with regard to their
substance. The amendments are of such
a nature that the public does not need
a delayed period of time in which to
conform or adjust to the amendments.
Thus, the Board finds that there exists
good cause for not delaying the effective
date of these amendments.
Consequently, the final rule will be
effective upon publication in the
Federal Register.
Section 302 of the RCDRIA, 12 U.S.C.
4802(b), requires that all new
regulations and amendments to
regulations prescribed by a Federal
banking agency which impose
additional reporting, disclosure, or other
new requirements on insured depository
institutions shall take effect on the first
day of a calendar quarter. This final rule
does not impose additional reporting,
disclosure, or other new requirements
on insured depository institutions,
however. Consequently, the Board has
determined that section 302 of the
RCDRIA does not apply and that this
final rule should become effective upon
publication.
III. Matters of Regulatory Procedure
Regulatory Flexibility Act
Because no general notice of proposed
rulemaking was published prior to this
final rule, the requirements of Chapter
6 of Title 5 of the United States Code for
an initial and final regulatory flexibility
analysis do not apply, 5 U.S.C. 601(2).
Paperwork Reduction Act
No collections of information
pursuant to section 3504(h) of the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.) are contained in this
notice. Consequently, no information
has been submitted to the Office of
Management and Budget.
List of Subjects in 12 CFR Part 310
Banks, banking, Credit, Privacy.
For the reasons set forth above, 12
CFR part 310 is amended as set forth
below:
PART 310—PRIVACY ACT
REGULATIONS
1. The authority citation for part 310
continues to read as follows:
Authority: 5 U.S.C. 552a.
2. In Part 310 all references to
‘‘Records Unit’’ are revised to read
‘‘FOIA/PA Unit’’.
3. Section 310.1 is revised to read as
follows:
§ 310.1 Purpose and scope.
The purpose of this part is to establish
regulations implementing the Privacy
Act of 1974, 5 U.S.C. 552a. These
regulations delineate the procedures
that an individual must follow in
exercising his or her access or
amendment rights under the Privacy Act
to records maintained by the
Corporation in systems of records.
4. Section 310.3(a) is revised to read
as follows:
§ 310.3 Procedures for requests pertaining
to individual records in a system of records.
(a) Any present or former employee of
the Corporation seeking access to, or
amendment of, his/her official
personnel records maintained by the
Corporation shall submit his/her request
in such manner as is prescribed by the
United States Office of Personnel
Management in part 297 of its rules and
regulations (5 CFR part 297). For access
to, or amendment of, other government-
wide records systems maintained by the
Corporation, the procedures prescribed
in the respective Federal Register
Privacy Act system notice shall be
followed.
* * * * *
§ 310.4 [Amended]
5. Section 310.4 is amended by
revising paragraphs (b) and (c) to read
as follows:
* * * * *
(b) Individuals appearing in person at
the Corporation seeking access to or
amendment of their records shall
present two forms of reasonable
identification, such as employment
identification cards, driver’s licenses, or
other identification cards or documents
typically used for identification
purposes.
(c) Except for records that must be
publicly disclosed pursuant to the
Freedom of Information Act, 5 U.S.C.
552, where the Corporation determines
it to be necessary for the individual’s
protection, a certification of a duly
commissioned notary public, of any
state or territory, attesting to the
requesting individual’s identity, or an
unsworn declaration subscribed to as
true under the penalty of perjury under
the laws of the United States of
America, at the election of the
individual, may be required before a
written request seeking access to or
amendment of a record will be honored.