[Federal Register Volume 61, Number 165 (Friday, August 23, 1996)]
[Rules and Regulations]
[Pages 43418-43420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21545]
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FEDERAL DEPOSIT INSURANCE CORPORATION
12 CFR Part 310
RIN 3064-AB80
Privacy Act Regulations
AGENCY: Federal Deposit Insurance Corporation.
ACTION: Final rule.
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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
[[Page 43419]]
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 Sec. 310.10(c) to Sec. 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).
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\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).
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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:
Sec. 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:
Sec. 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.
* * * * *
Sec. 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.
[[Page 43420]]
The Corporation may also require that individuals provide minimal
identifying data such as full name, date and place of birth, or other
personal information necessary to ensure proper identity before
processing requests for records.
Sec. 310.6 [Amended]
6. Section 310.6 is amended by adding the phrase ``for release to
the patient'' at the end of the second sentence.
7. In Sec. 310.9, paragraph (d) is redesignated as paragraph (e)
and a new paragraph (d) is added to read as follows:
Sec. 310.9 Appeal of adverse initial agency determination on access or
amendment.
* * * * *
(d) Any statement of disagreement with the Corporation's refusal to
amend, filed with the Corporation by an individual pursuant to
Sec. 310.9(c), will be included in the disclosure of any records under
the authority of Sec. 310.10(b). The Corporation may in its discretion
also include a copy of a concise statement of its reasons for not
making the requested amendment.
* * * * *
8. Section 310.10 is amended by revising paragraphs (b)(6) and
(b)(10); adding a new paragraph (b)(12); removing paragraph (c);
redesignating paragraphs (d) and (e) as paragraphs (c) and (d),
respectively; amending newly designated paragraph (c) by removing
``paragraphs (b)(3) through (b)(11)'' and adding in its place
``paragraphs (b)(3) through (b)(12)''; and amending newly desinated
paragraph (d) by removing ``paragraph (d)(1)'' and adding in its place
``paragraph (c)(1)'' as follows:
Sec. 310.10 Disclosure of record to person other than the individual
to whom it pertains.
* * * * *
(b) * * *
(6) To the National Archives and Records Administration as a record
which has sufficient historical or other value to warrant its continued
preservation by the United States Government, or for evaluation by the
Archivist of the United States or his or her designee to determine
whether the record has such value;
* * * * *
(10) To the Comptroller General, or any of his or her authorized
representatives, in the course of the performance of the duties of the
General Accounting Office;
* * * * *
(12) To a consumer reporting agency in accordance with section
3711(f) of Title 31.
* * * * *
Sec. 310.11 [Amended]
9. Section 310.11(b) is amended by removing ``$2'' and adding in
its place ``$10''.
Sec. 310.13 [Amended]
10. Section 310.13 is amended by removing ``Sec. 310.10(d)(2)''
each place it appears and adding in its place ``Sec. 310.10(c)(2)''.
By order of the Board of Directors.
Dated at Washington, DC, this 13th day of August, 1996.
Federal Deposit Insurance Corporation.
Jerry L. Langley,
Executive Secretary.
[FR Doc. 96-21545 Filed 8-22-96; 8:45 am]
BILLING CODE 6714-01-P