[Federal Register Volume 72, Number 227 (Tuesday, November 27, 2007)]
[Rules and Regulations]
[Pages 66042-66043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5807]


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EXPORT-IMPORT BANK OF THE UNITED STATES

12 CFR Parts 403, 407 and 414

RIN 3048-ZA03


Technical Amendments

AGENCY:  Export-Import Bank of the United States.

ACTION:  Final rule.

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SUMMARY:  The Export-Import Bank of the United States (Ex-Im Bank) is 
amending a number of its regulations by making minor, non-substantive 
revisions. This rule makes the following changes: removing references 
to an internal committee that no longer exists, correcting the time of 
Board meetings, and updating contact information at the Department of 
Justice. The rule also establishes a new part that implements Ex-Im 
Bank's authority, found at 12 U.S.C. 635(a)(1), to collect reasonable 
fees to cover the cost of conferences, seminars and publications.

DATES:  The effective date for this final is November 27, 2007.

FOR FURTHER INFORMATION CONTACT:  Brian J. Sonfield, Assistant General 
Counsel for Administration, (202) 565-3439, [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    Ex-Im Bank recently reviewed its existing regulations to ensure 
that they accurately reflect the Bank's current operating procedures. 
The review revealed that minor, nonsubstantive revisions are necessary 
to part 407 (governing the public observation of Ex-Im Bank meetings) 
and part 403 (governing the procedures for handling and safeguarding 
classified information). The review also indicated the need for a 
regulation implementing the Bank's statutory authority to collect 
conference and publication fees.

B. Regulatory Changes

Part 407

    This Part contains Ex-Im Bank's regulations governing the public 
observation of its Board of Director meetings, promulgated in part 
under the Government in the Sunshine Act, 5 U.S.C. 552b(g). Several 
provisions within this part make reference to the ``Executive Committee 
of the Board of Directors,'' an entity that no longer exists. The 
amendment deletes these references. A couple of provisions also make 
reference to regularly scheduled Board meetings as being held on 
Thursdays at 9 a.m. The meetings are now held at 9:30 a.m., and the 
amendments reflect this change.

Section 403.11

    This section concerns classification, declassification and 
safeguarding of national security information and details enforcement 
and investigation procedures. Subsection 403.11(b)(12) currently 
requires Ex-Im Bank to consult with the Department of Justice's 
Criminal Division prior to taking action against an employee in 
connection with an unauthorized disclosure of classified information. 
Disclosures of classified information are now handled by the Department 
of Justice's National Security Division, and the amendment reflects 
this change.

Section 414

    This new section is created to implement Ex-Im Bank's authority, 
pursuant to 12 U.S.C. Sec.  635(a)(1), to collect reasonable fees to 
cover the costs of conferences, seminars and publications.

List of Subjects

12 CFR Part 403

    Classified information.

12 CFR Part 407

    Sunshine Act.

12 CFR Part 414

    Exports, Government publications.


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Accordingly, for the reasons stated in the preamble, Ex-Im Bank amends 
the Code of Federal Regulations, Title 12, Chapter IV, parts 403 and 
407 as follows and adds part 414 as described below:

PART 403--CLASSIFICATION, DECLASSIFICATION, AND SAFEGUARDING OF 
NATIONAL SECURITY INFORMATION

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1. The authority citation for part 403 continues to read as follows:

    Authority: E.O. 12356, National Security Information, April 2, 
1982 (3 CFR, 1982 Comp. p. 166) (hereafter referred to as the 
``Order''), Information Security Oversight Directive No. 1, June 25, 
1982 (32 CFR Part 2001) (hereafter referred to as the 
``Directive''), and National Security Decision Directive 84, 
``Safeguarding National Security Information,'' signed by the 
President on March 11, 1983 (hereafter referred to as ``NSDD 84'').


[[Page 66043]]




Sec.  403.11  [Amended]

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2. Section 403.11(b)(12) is amended by replacing the word ``Criminal'' 
with the phrase ``National Security''.

PART 407--REGULATIONS GOVERNING PUBLIC OBSERVATION OF EX-IM BANK 
MEETINGS

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3. The authority citation for part 407 continues to read as follows:

    Authority: Sec. (g) Government in the Sunshine Act, 5 U.S.C. 
552b(g); secs. (b) through (f), 5 U.S.C. 552b.


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4. Amend Sec.  407.1 as follows:
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a. Revise paragraph (b) to read as set forth below.
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b. In paragraph (c), remove ``9:00'' and add in its place ``9:30''.


Sec.  407.1  Purpose, scope and definitions.

* * * * *
    (b) The term meeting means any meeting of the Board of Directors of 
Eximbank at which a quorum is present and where deliberations determine 
or result in the joint conduct or disposition of official Eximbank 
business.
* * * * *


Sec.  407.2  [Amended]

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5. Amend Sec.  407.2(a) introductory text by removing the phrase ``or 
the Executive Committee''.


Sec.  407.2  [Amended]

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6. Amend Sec.  407.3 as follows:
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a. In paragraph (a), remove the phrase ``or the Executive Committee'', 
and remove ``9:00'' and add in its place ``9:30''.
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b. In paragraph (b), remove the phrase ``or the Executive Committee''.


Sec.  407.4  [Amended]

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5. Amend Sec.  407.4 by removing the phrase ``or the Executive 
Committee'' wherever it appears.


Sec.  407.6  [Amended]

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6. Amend Sec.  407.6 by removing the phrase ``or the Executive 
Committee''.

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7. Part 414 is added to read as follows:

PART 414--CONFERENCE AND OTHER FEES

    Authority: 12 U.S.C. 635(a)(1), 5 U.S.C. 553.


Sec.  414.1  Collection of conference and other fees.

    Ex-Im Bank may impose and collect reasonable fees to cover the 
costs of conferences and seminars sponsored by, and publications 
provided by Ex-Im Bank. Amounts received under the preceding sentence 
shall be credited to the fund which initially paid for such activities 
and shall be offset against the expenses of Ex-Im Bank for such 
activities.

Howard A. Schweitzer,
General Counsel.
[FR Doc. 07-5807 Filed 11-26-07; 8:45 am]
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