[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