[Federal Register: September 20, 2006 (Volume 71, Number 182)]
[Rules and Regulations]
[Page 54899-54901]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se06-4]
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FARM CREDIT ADMINISTRATION
12 CFR Parts 603, 605, 608, and 611
RIN 3052-AC34
Privacy Act Regulations; Information; Collection of Claims Owed
the United States; Organization; Privacy and Security Information
AGENCY: Farm Credit Administration.
ACTION: Final rule.
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SUMMARY: The Farm Credit Administration (FCA or Agency) is issuing a
final rule to update and amend its regulations regarding privacy and
security information and other matters. This action is being taken to
correct certain citations in the regulations and to conform the
regulations to Executive order 13292.
EFFECTIVE DATE: This regulation will become effective 30 days after
publication in the Federal Register during which either one or both
houses of Congress are in session. We will
[[Page 54900]]
publish a notice of the effective date in the Federal Register.
FOR FURTHER INFORMATION CONTACT: Bob Taylor, Attorney, Office of
General Counsel, Farm Credit Administration, McLean, VA 22102-5090,
(703) 883-4129; TTY (703) 883-4020; or Mike Wilson, Policy Analyst,
Office of Regulatory Policy, Farm Credit Administration, McLean,
Virginia 22102-5090, (703) 883-4414, TTY (703) 883-4020.
SUPPLEMENTARY INFORMATION: We are amending our regulations to both
correct citations in Agency regulations and update part 605 to conform
to Executive order 13292. We have found incorrect regulatory citations
in parts 603, 608, and 611 of our regulations, and are revising our
regulations to include the correct citations. Part 605 of our
regulations defines the procedures for acting in matters relating to
national security information for classified documents and outlines the
basic requirements for obtaining access to classified documents. We are
revising the definitions of procedures for ``Derivative
classification'' and ``Mandatory declassification review'' in part 605
to make them consistent with Executive order 13292.
In acting on this final regulation, the FCA Board determined that
notice and public comment are neither required nor necessary under the
Administrative Procedure Act, 5 U.S.C. 553(b). Section 553(b)(A)
provides that the notice and comment requirements do not apply to rules
of Agency organization, procedure, or practice, and as such, the
amendments that relate to Agency procedure and practice do not require
notice and public comment. In addition, 5 U.S.C. 553(b)(B) provides
that notice and comment requirements do not apply when the Agency for
good cause finds that notice and public comment are impracticable,
unnecessary, or contrary to the public interest. Notice and public
comment are unnecessary and contrary to the public interest in this
case because the amendments involve only technical revisions to
regulatory citations and an update to part 605 to conform to Executive
order 13292. A comment period would only delay correction of inaccurate
cites. Therefore, these regulations are published in final form.
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 final rule will
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 603
Privacy.
12 CFR Part 605
Classified information.
12 CFR Part 608
Claims, Government employees, Wages.
12 CFR Part 611
Agriculture, Banks, banking, Rural areas.
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As stated in the preamble, parts 603, 605, 608, and 611 of chapter VI,
title 12 of the Code of Federal Regulations, are amended as follows:
PART 603--PRIVACY ACT REGULATIONS
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1. The authority citation for part 603 continues to read as follows:
Authority: Secs. 5.9, 5.17 of the Farm Credit Act (12 U.S.C.
2243, 2252); 5 U.S.C. app. 3, 5 U.S.C. 552a (j)(2) and (k)(2).
Sec. 603.345 [Amended]
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2. Amend Sec. 603.345 by removing the reference, ``Sec. Sec. 602.267
and 602.269'' and adding in its place ``Sec. Sec. 602.11 and 602.12''.
Sec. 603.350 [Amended]
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3. Amend Sec. 603.350 by removing the reference, ``Section
552a(1)(3)'' the first place it appears and adding in its place
``Section 522a(i)(3)''.
PART 605--INFORMATION
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4. The authority citation for part 605 continues to read as follows:
Authority: Secs. 5.9, 5.12, 5.17 of the Farm Credit Act (12
U.S.C. 2243, 2246, 2252).
Sec. 605.500 [Amended]
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5. Amend Sec. 605.500 by removing the reference, ``12356'' and adding
in its place ``13292''.
Sec. 605.501 [Amended]
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6. Amend Sec. 605.501(b) by removing the reference
``2001.32(a)(2)(i)'' and adding in its place ``2001.33(a)(2)(i)''.
0
7. Amend Sec. 605.502 as follows:
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a. Revise paragraphs (b) and (c);
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b. Remove the words, ``located in the Agency Services Branch'' from the
third sentence of paragraph (d);
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c. Remove the reference, ``4.1(b)'' and add in its place ``4.2(g)'' in
the first sentence of paragraph (e); and
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d. Remove the reference, ``189'' in the first sentence and add in its
place, ``312'' and in the second sentence, remove the reference,
``12356'' and add in its place the reference ``13292'' in paragraph
(i).
Sec. 605.502 Programs and procedures.
* * * * *
(b) Derivative classification. ``Derivative classification'' means
the incorporating, paraphrasing, restating or generating in new form
information that is already classified, and marking the newly developed
material consistent with the classification markings that apply to the
source information. Derivative classification includes the
classification of information based on classification guidance. The
duplication or reproduction of existing classified information is not
derivative classification.
(c) Mandatory declassification review. ``Mandatory declassification
review'' means the review for declassification of classified
information in response to a request for declassification that meets
the requirements under section 3.5 of the Executive order. All requests
for review for declassification under the mandatory review provisions
of the Executive order shall be handled by the Information Security
Officer or his/her designee.
* * * * *
PART 608--COLLECTION OF CLAIMS OWED THE UNITED STATES
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8. The authority citation for part 608 continues to read as follows:
Authority: Sec. 5.17 of the Farm Credit Act (12 U.S.C. 2252); 31
U.S.C. 3701-3719; 5 U.S.C. 5514; 4 CFR parts 101-105; 5 CFR part
550.
Subpart A--Administrative Collection of Claims
Sec. 608.807 [Amended]
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9. Amend Sec. 608.807 by removing the reference, ``Sec. 602.267'' and
adding in its place, ``Sec. Sec. 602.11 and 602.12''.
PART 611--ORGANIZATION
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10. The authority citation for part 611 continues to read as follows:
Authority: Secs. 1.3, 1.4, 1.13, 2.0, 2.1, 2.10, 2.11, 3.0, 3.2,
3.21, 4.12, 4.15, 4.20, 4.21, 5.9, 5.10, 5.17, 6.9, 6.26, 7.0-7.13,
8.5(e) of the Farm Credit Act (12 U.S.C. 2011, 2013, 2021, 2071,
2072, 2091, 2092, 2121, 2123,
[[Page 54901]]
2142, 2183, 2203, 2208, 2209, 2243, 2244, 2252, 2278a-9, 2278b-6,
2279a-2279f-1, 2279aa-5(e)); secs. 411 and 412 of Pub. L. 100-233,
101 Stat. 1568, 1638; secs. 409 and 414 of Pub. L. 100-399, 102
Stat. 989, 1003, and 1004.
Subpart G--Mergers, Consolidations, and Charter Amendments of
Associations
Sec. 611.1124 [Amended]
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11. Amend Sec. 611.1124 by removing the reference, ``Sec. 611.1090 of
this part'' and adding in its place, ``section 5.17(a) of the Act'' in
paragraph (n).
Dated: September 14, 2006.
Roland Smith,
Secretary, Farm Credit Administration Board.
[FR Doc. 06-7951 Filed 9-19-06; 8:45 am]
BILLING CODE 6705-01-P