56936 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

office within OMB, has determined that, 

for purposes of SBREFA, this is not a 

major rule. 

Paperwork Reduction Act 

The final rule does not contain a 

‘‘collection of information’’ within the 

meaning of section 3502(3) of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3502(3), and would not increase 

paperwork requirements under the 

Paperwork Reduction Act of 1995 or 

regulations of the Office of Management 

and Budget. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. The final rule would not have 

substantial direct effect on the states, on 

the connection between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined that this final rule does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

NCUA has determined that this final 

rule would not affect family well-being 

within the meaning of section 654 of the 

Treasury and General Government 

Appropriations Act, 1999, Public Law 

105–277, 112 Stat. 2681 (1998). 

List of Subjects in 12 CFR Part 740 

Advertisements, Credit unions, Signs 

and symbols. 

By the National Credit Union 

Administration Board on September 25, 

2008. 

Mary F. Rupp, 

Secretary of the Board. 

■ For the reasons stated above, NCUA 

amends 12 CFR part 740 as follows: 

PART 740—ACCURACY OF 

ADVERTISING AND NOTICE OF 

INSURED STATUS 

■ 1. The authority citation for part 740 

is revised to read as follows: 

Authority: 12 U.S.C. 1766, 1781, 1785, and 

1789. 

■ 2. Amend § 740.5 by revising 

paragraph (b) to read as follows: 

§ 740.5 Requirements for the official 

advertising statement. 

* * * * * 

(b) The official advertising statement 

is in substance as follows: ‘‘This credit 

union is federally insured by the 

National Credit Union Administration.’’ 

Insured credit unions, at their option, 

may use the short title ‘‘Federally 

insured by NCUA’’ or a reproduction of 

the official sign, as described in 

§ 740.4(b), as the official advertising 

statement. The official advertising 

statement must be in a size and print 

that is clearly legible. If the official sign 

is used as the official advertising 

statement, an insured credit union may 

alter the font size to ensure its legibility 

as provided in § 740.4(b)(2). 

* * * * * 

[FR Doc. E8–23071 Filed 9–30–08; 8:45 am] 

BILLING CODE 7535–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Part 792 

RIN 3133–AD44 

Revisions for the Freedom of 

Information Act and Privacy Act 

Regulations 

AGENCY: National Credit Union 

Administration. 

ACTION: Final rule. 

SUMMARY: The NCUA Board is amending 

its Freedom of Information Act (FOIA) 

and Privacy Act regulations. The final 

rule reflects recent amendments to the 

FOIA addressing fee practices, time 

limits for complying with requests, and 

new reporting requirements. The 

changes to the Privacy Act provisions 

reflect the agency’s efforts to clarify the 

procedures whereby individuals may 

obtain notification of whether an NCUA 

system of records contains information 

about the individual and how to access 

or amend a record. 

DATES: This rule is effective October 31, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Linda K. Dent, Staff Attorney, Office of 

General Counsel, at (703) 518–6540. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 17, 2008, the NCUA Board 

requested comment on a proposed rule 

to update and clarify the procedures for 

requesting access to agency records and 

other rights and requirements under the 

FOIA and Privacy Act provisions of part 

792. 73 FR 22,289 (April 25, 2008). In 

addition to incorporating the 2007 FOIA 

amendments into the rule, the proposed 

rule added definitions, revised 

terminology and otherwise clarified 

provisions implementing the Privacy 

Act. Technical corrections also were 

made to both sections. 

Discussion 

NCUA’s policy is to review a third of 

its regulations periodically to ‘‘update, 

clarify and simplify existing regulations 

and eliminate redundant and 

unnecessary provisions.’’ Interpretive 

Ruling and Policy Statement (IRPS) 87– 

2, Developing and Reviewing 

Government Regulations. The proposed 

changes were the result of such a 

review. The changes also coincided 

with recent statutory amendments to 

FOIA and NCUA’s updating of its 

Systems of Records Notice under the 

Privacy Act, periodically published in 

the Federal Register. 

Summary of Comments 

The NCUA Board received two 

comments in general support of the 

proposed rule. In response to proposed 

language clarifying when a FOIA 

request is considered received, one 

commenter urged the agency to make 

reasonable efforts to promptly notify a 

requester when a request is incorrectly 

addressed or otherwise deficient; 

forward incorrectly addressed requests 

to the proper Information Center; or if 

possible, disregard deficiencies having 

no impact on the ability to process the 

response. The amended language simply 

explains what conditions must be met to 

start the clock for the statutory 

processing period. As a general practice, 

Information Center staff communicates 

with requesters to obtain missing 

information and to clarify requests to 

enable their timely processing. 

Similarly, FOIA requests sent to the 

wrong Information Center are forwarded 

to the correct Information Center. 

The commenter also suggested a 

deceased individual’s records should 

receive protection consistent with that 

of a living individual and suggested the 

agency require a requester to obtain 

approval from the decedent’s estate 

before releasing any records. As 

explained in the Department of Justice’s 

2007 FOIA Guide, there is a 

‘‘longstanding FOIA rule that death 

extinguishes one’s privacy rights.’’ 

USDOJ: OIP: Freedom of Information 

Act Guide, March 2007, page 566. 

Whether records pertaining to a 

deceased individual are actually 

released requires an evaluation of the 

privacy interests at issue in such a 

release, which may include surviving 

family members’ right to personal 

privacy. 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 56937 

The other commenter questioned 

eliminating the ability to submit Privacy 

Act requests for records via telephone, 

believing the agency should facilitate all 

forms of electronic requests irrespective 

of how made. The proposed change 

does not eliminate a requester’s ability 

to submit requests by facsimile or email. The Board has added clarifying 

language to the procedures and 

requirements provisions to reflect this 

fact. 

Regulatory Procedures 

Paperwork Reduction Act 

In accordance with the requirements 

of the Paperwork Reduction Act (PRA) 

of 1995 (44 U.S.C. 3506; 5 CFR part 

1320 Appendix A.1), the Board has 

determined the final rule does not 

contain a collection of information 

subject to the PRA. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact a proposed rule may have on a 

substantial number of small credit 

unions (those under $10 million in 

assets). This final rule does not impose 

any requirements on federally-insured 

credit unions. Therefore, it will not have 

a significant economic impact on a 

substantial number of small credit 

unions and a regulatory flexibility 

analysis is not required. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their actions on 

state and local interests. In adherence to 

fundamental federalism principles, 

NCUA, an independent regulatory 

agency as defined in 44 U.S.C. 3502(5), 

voluntarily complies with the executive 

order. The final rule would not have 

substantial direct effects on the states, 

on the connection between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined that this final rule does not 

constitute a policy that has federalism 

implications for purposes of the 

executive order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

NCUA has determined that this final 

rule would not affect family well-being 

within the meaning of section 654 of the 

Treasury and General Government 

Appropriations Act, 1999, Public Law 

105–277, 112 Stat. 2681 (1998). 

List of Subjects in 12 CFR Part 792 

Administrative practice and 

procedure, Credit unions, Freedom of 

Information, Information, Privacy, 

Records, System of records. 

By the National Credit Union 

Administration Board on September 25, 

2008. 

Mary Rupp, 

Secretary of the Board. 

■ For the reasons stated in the preamble, 

the National Credit Union 

Administration amends 12 CFR part 792 

as set forth below: 

PART 792—REQUESTS FOR 

INFORMATION UNDER THE FREEDOM 

OF INFORMATION ACT AND PRIVACY 

ACT, AND BY SUBPOENA; SECURITY 

PROCEDURES FOR CLASSIFIED 

INFORMATION 

■ 1. The authority citation for part 792 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 552b; 

12 U.S.C. 1752a(d), 1766, 1789, 1795f; E.O. 

12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 

235; E.O. 12958, 60 FR 19825, 3 CFR, 1995 

Comp., p. 333. 

■ 2. In § 792.03, revise the fourth 

sentence of the introductory text and the 

last sentence of paragraph (c) to read as 

follows: 

§ 792.03 How will I know which records to 

request? 

* * * You may obtain copies of 

indices by making a request to the 

NCUA, Office of General Counsel, 1775 

Duke Street, Alexandria, VA 22314– 

2387, Attn: FOIA Officer or as indicated 

on the NCUA Web site at 

www.ncua.gov. * * * 

* * * * * 

(c) * * * The Popular FOIA Index is 

available on the NCUA web site. 

■ 3. In § 792.04, revise paragraph (a) to 

read as follows: 

§ 792.04 How can I obtain these records? 

* * * * * 

(a) You may obtain copies of the 

records referenced in § 792.02 by 

obtaining the index referred to in 

§ 792.03 and following the ordering 

instructions it contains, or by making a 

written request to NCUA, Office of 

General Counsel, 1775 Duke Street, 

Alexandria, Virginia 22314–3428, Attn: 

FOIA Officer or as indicated on the 

NCUA Web site. 

* * * * * 

■ 4. In § 792.07, revise the first sentence 

of paragraph (a) and paragraph (b) to 

read as follows: 

§ 792.07 Where do I send my request? 

(a) You must send your written 

request to one of NCUA’s Information 

Centers. * * * 

(b) If you are seeking any NCUA 

record, other than those maintained by 

the Office of Inspector General, you 

should send your request to NCUA, 

Office of the General Counsel, 1775 

Duke Street, Alexandria, Virginia 

22314–3428, Attn: FOIA Officer or as 

indicated on the NCUA Web site at 

http://www.ncua.gov. 

* * * * * 

■ 5. In § 792.08, revise the introductory 

text and paragraph (a) to read as follows: 

§ 792.08 What must I include in my 

request? 

Until an Information Center receives 

your FOIA request, it is not obligated to 

search for responsive records, meet time 

deadlines, or release any records. A 

request will not be considered received 

if it does not include all of the items in 

paragraphs (a) through (c) of this 

section. 

(a) Your request must be in writing 

and include the words ‘‘FOIA 

REQUEST’’ on both the envelope and 

request letter. The request letter must 

also include your name, address and a 

telephone number where you can be 

reached during normal business hours. 

If you would like us to respond to your 

FOIA request by electronic mail (email), you should include your e-mail 

address. 

* * * * * 

■ 6. In § 792.10, revise the second 

sentence of paragraph (a), the last 

sentence of paragraph (b) and the 

second sentence of paragraph (e) to read 

as follows: 

§ 792.10 What will NCUA do with my 

request? 

(a)* * * The date of receipt for any 

request, including one that is addressed 

incorrectly or is forwarded to NCUA by 

another agency, is the earlier of the date 

the appropriate Information Center 

actually receives the request or 10 

working days after either of NCUA’s 

Information Centers receives the 

request. 

(b) * * * All other requests will be 

handled under normal processing 

procedures in the order they were 

received. 

* * * * * 

(e) * * * If we notify you of a denial 

of your request, we will include the 

reason for the denial. 

* * * * * 

■ 7. In § 792.11, revise paragraph (a)(6) 

introductory text by removing the first 


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sentence and adding three sentences in 

its place to read as follows: 

§ 792.11 What kind of records are exempt 

from public disclosure? 

(a) * * * 

(6) Personnel, medical, and similar 

files (including financial files) 

pertaining to another person, the 

disclosure of which would constitute a 

clearly unwarranted invasion of 

personal privacy without the subject 

person’s written consent or proof of 

death. Written consent consists of a 

written statement by the subject person, 

authorizing the release of the 

information to you, and including either 

the subject person’s notarized signature 

or a declaration made under penalty of 

perjury that the statement is true and 

correct. Proof of death consists of 

evidence that the subject of your request 

is deceased—such as a death certificate, 

a newspaper obituary, or some 

comparable proof of death. * * * 

* * * * * 

■ 8. In § 792.15, revise paragraph (a) to 

read as follows: 

§ 792.15 How long will it take to process 

my request? 

* * * * * 

(a)(1) Where the running of such time 

is suspended while: 

(i) The Information Center awaits 

additional information from the 

requester. A suspension of time for this 

purpose may occur only once during the 

processing period; and 

(ii) The Information Center clarifies 

with the requester issues regarding the 

payment of fees pursuant to § 792.26. 

(2) The Information Center’s receipt of 

the requester’s response to the request 

for additional information or 

clarification ends the tolling period; 

* * * * * 

■ 9. Revise § 792.17 to read as follows: 

§ 792.17 What can I do if the time limit 

passes and I still have not received a 

response? 

If NCUA does not comply with the 

time limits under § 792.15, or as 

extended under § 792.16, you do not 

have to pay search fees; requesters 

qualifying for free search fees will not 

have to pay duplication fees. You also 

can file suit against NCUA because you 

will be deemed to have exhausted your 

administrative remedies if NCUA fails 

to comply with the time limit provisions 

of this subpart. If NCUA can show that 

exceptional circumstances exist and that 

it is exercising due diligence in 

responding to your request, the court 

may retain jurisdiction and allow NCUA 

to complete its review of the records. In 

determining whether exceptional 

circumstances exist, the court may 

consider your refusal to modify the 

scope of your request or arrange an 

alternative time frame for processing 

after being given the opportunity to do 

so by NCUA, when it notifies you of the 

existence of unusual circumstances as 

set forth in § 792.16. 

■ 10. In § 792.18, revise the first 

sentence of paragraph (b) to read as 

follows: 

§ 792.18 What if my request is urgent and 

I cannot wait for the records? 

* * * * * 

(b) In response to a request for 

expedited processing, the Information 

Center will notify you of the 

determination within ten working days 

of receipt of the request. * * * 

* * * * * 

■ 11. In § 792.19, revise paragraph (c)(1) 

to read as follows: 

§ 792.19 How does NCUA calculate the 

fees for processing my request? 

* * * * * 

(c) * * * 

(1) The per-page fee for paper copy 

reproduction of a document is $.10; 

* * * * * 

■ 12. In § 792.27, revise paragraphs 

(a)(1) through (a)(4) to read as follows: 

§ 792.27 Can fees be reduced or waived? 

* * * * * 

(a) * * * 

(1) Whether the subject of the 

requested records concerns identifiable 

operations or activities of the 

government, with a connection that is 

direct and clear; 

(2) Whether the disclosable portions 

of the requested records are 

meaningfully informative about 

government operations and activities in 

order to be likely to contribute to an 

understanding of government operations 

or activities. Information already in the 

public domain, either in a duplicate or 

substantially identical form where 

nothing new would be added to the 

public’s understanding, would not be 

meaningfully informative; 

(3) Whether disclosure of the 

requested information will contribute to 

public understanding, meaning a 

reasonably broad audience of persons 

interested in the subject, as opposed to 

the individual understanding of the 

requester. A requester’s expertise in the 

subject area and ability and intention to 

effectively convey information to the 

public will be considered. 

Representatives of the news media are 

presumed to satisfy this consideration; 

and 

(4) Whether the disclosure is likely to 

contribute significantly to public 

understanding of government operations 

or activities. The level of public 

understanding before disclosure must be 

enhanced by the disclosure to a 

significant extent. 

* * * * * 

■ 13. In § 792.28, revise the first and 

third sentences of paragraph (a), and 

paragraph (c), to read as follows: 

§ 792.28 What if I am not satisfied with the 

response I receive? 

* * * * * 

(a) Make a determination with respect 

to any appeal within 20 working days 

after the receipt of such appeal. * * * 

Where you do not address your appeal 

to the General Counsel, the time 

limitations stated above will be 

computed from the date of receipt of the 

appeal by the General Counsel. 

* * * * * 

(c) Address your appeal to NCUA, 

Office of General Counsel—FOIA 

APPEAL, 1775 Duke Street, Alexandria, 

VA 22314–3428. The words ‘‘FOIA 

APPEAL’’ should appear on the 

envelope and in the letter. Failure to 

address an appeal properly may delay 

commencement of the time limitation 

stated in paragraph (a) of this section, to 

take account of the time reasonably 

required to forward the appeal to the 

Office of General Counsel. 

Subpart E—[Amended] 

■ 14. Amend subpart E by removing the 

term ‘‘NCUA official’’ wherever it 

appears and adding in its place the term 

‘‘system manager.’’ 

■ 15. In § 792.53, add new paragraphs 

(g), (h) and (i) to read as follows: 

§ 792.53 Definitions. 

* * * * * 

(g) Notice of Systems of Records 

means the annual notice published by 

NCUA in the Federal Register informing 

the public of the existence and character 

of the systems of records it maintains. 

The Notice of Systems of Records also 

is available on NCUA’s Web site at 

http://www.ncua.gov. 

(h) System manager means the NCUA 

official responsible for the maintenance, 

collection, use or distribution of 

information contained in a system of 

records. The system manager for each 

system of records is provided in the 

Federal Register publication of NCUA’s 

annual systems of records notice. 

(i) Working day means Monday 

through Friday excluding legal public 

holidays. 

■ 16. Revise § 792.54 to read as follows: 


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Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 56939 

§ 792.54 Procedures for requests 

pertaining to individual records in a system 

of records. 

(a) Individuals desiring to know if a 

system of records contains records 

pertaining to them, and individuals 

requesting access to records in a system 

of records pertaining to them should 

submit a written request to the 

appropriate system manager as 

identified in the Notice of Systems of 

Records. An individual who does not 

have access to the Federal Register and 

who is unable to determine the 

appropriate system manager to whom to 

submit a request may submit a request 

to the Privacy Officer, Office of General 

Counsel, National Credit Union 

Administration, 1775 Duke Street, 

Alexandria, VA 22314–3428, in which 

case the request will be referred to the 

appropriate system manager. 

(b) Individuals requesting notification 

of, or access to, records should include 

the words ‘‘PRIVACY ACT REQUEST’’ 

on both the letter and, as appropriate, 

the envelope, cover document or subject 

line; describe the record sought; the 

approximate dates covered by the 

record; and, the systems of record in 

which records are thought to be 

included. Individuals must also meet 

the identification requirements in 

§ 792.55. 

■ 17. In § 792.55, revise paragraphs 

(a)(1) through (a)(3) and (c) to read as 

follows: 

§ 792.55 Times, places, and requirements 

for identification of individuals making 

requests and identification of records 

requested. 

(a) * * * 

(1) Individuals appearing in person, if 

not personally known to the system 

manager responding to the request, must 

present a single document bearing a 

photograph (such as a passport or 

identification badge) or two items of 

identification which do not bear a 

photograph but do bear both a name and 

address (such as a driver’s license or 

voter registration card); 

(2) Individuals submitting requests by 

mail or written electronic form, such as 

facsimile or e-mail, may establish 

identity by a signature, address, date of 

birth, employee identification number if 

any, and one other identifier such as a 

photocopy of driver’s license or other 

document. If inadequate identifying 

information is provided, the system 

manager responding to the request may 

require further identifying information 

before any notification or responsive 

disclosure. 

(3) Individuals appearing in person or 

submitting requests by mail or written 

electronic form, who cannot provide the 

required documentation or 

identification, may provide an unsworn 

declaration subscribed to as true under 

penalty of perjury. 

* * * * * 

(c) A record may be disclosed to a 

representative of an individual to whom 

the record pertains provided the system 

manager receives written authorization 

from the individual who is the subject 

of the record. 

* * * * * 

■ 18. In § 792.57, revise paragraph (b) to 

read as follows: 

§ 792.57 Special procedures: Information 

furnished by other agencies; medical 

records. 

* * * * * 

(b) Medical records may be disclosed 

on request to the individuals to whom 

they pertain unless disclosing the 

medical information directly to the 

requesting individual could have an 

adverse effect on the individual. Where 

medical information is potentially 

adverse to the requesting individual, the 

system manager responsible may advise 

the requesting individual that the 

medical records will be transmitted only 

to a physician designated in writing by 

the individual. 

■ 19. In § 792.58, revise paragraph (a) 

and the second sentence of paragraph 

(b) to read as follows: 

§ 792.58 Requests for correction or 

amendment to a record; administrative 

review of requests. 

(a) An individual may request 

amendment of a record concerning that 

individual by submitting a written 

request, either in person or by mail, to 

the system manager identified in the 

Notice of Systems of Records. The 

words ‘‘PRIVACY ACT—REQUEST TO 

AMEND RECORD’’ should be written on 

the letter and the envelope. The request 

must describe the system of records 

containing the record sought to be 

amended, indicate the particular record 

involved, the nature of the correction 

sought, and the justification for the 

correction or amendment. An individual 

who does not have access to NCUA’s 

Notice of Systems of Records, and to 

whom the appropriate address is 

otherwise unavailable, may submit a 

request to the Privacy Act Officer, Office 

of General Counsel, National Credit 

Union Administration, 1775 Duke 

Street, Alexandria, Virginia 22314– 

3428, in which case the request will 

then be referred to the appropriate 

system manager. The date of receipt of 

the request will be determined as of the 

date of receipt by the system manager. 

(b) * * * The appropriate system 

manager will promptly (under normal 

circumstances, not later than 30 

working days after receipt of the 

request) advise the individual that the 

record will be amended or corrected, or 

inform the individual of rejection of the 

request to amend the record, the reason 

for the rejection, and the procedures 

established by § 792.59 for the 

individual to request a review of that 

rejection. 

■ 20. In § 792.59, revise the third 

sentence of paragraph (a) and the first 

two sentences of paragraph (c) to read 

as follows: 

§ 792.59 Appeal of initial determination. 

(a) * * * Appeals must be addressed 

to the Office of General Counsel, 

National Credit Union Administration, 

1775 Duke Street, Alexandria, VA 

22314–3428 with the words ‘‘PRIVACY 

ACT—APPEAL’’ written on the letter 

and the envelope.* * * 

* * * * * 

(c) If an appeal under this section is 

denied in whole or in part, an 

individual may file a statement of 

disagreement concisely stating the 

reason(s) for disagreeing with the denial 

for amendment or correction, and 

clearly identifying each part of any 

record that is disputed. The statement 

must be sent within 30 working days of 

the date of receipt of the notice of 

General Counsel’s refusal to authorize 

amendment or correction, to the General 

Counsel, National Credit Union 

Administration, 1775 Duke Street, 

Alexandria, VA 22314–3428.* * * 

* * * * * 

■ 21. In § 792.60, revise paragraph (j) to 

read as follows: 

§ 792.60 Disclosure of record to person 

other than the individual to whom it 

pertains. 

* * * * * 

(j) To the Comptroller General, or any 

of his authorized representatives, in the 

course of the performance of the duties 

of the Government Accountability 

Office; 

* * * * * 

■ 22. In § 792.61, revise the first 

sentence of paragraph (a) to read as 

follows: 

§ 792.61 Accounting for disclosures. 

(a) Each system manager identified in 

the ‘‘Notice of Systems of Records’’ 

must establish a system of accounting 

for all disclosures of information or 

records under the Privacy Act made 

outside NCUA.* * * 

* * * * * 

■ 23. In § 792.63, revise paragraphs (a), 

(b)(1), and (b)(4), to read as follows: 


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56940 Federal Register / Vol. 73, No. 191 / Wednesday, October 1, 2008 / Rules and Regulations 

§ 792.63 Collection of information from 

individuals: information forms. 

(a) The system manager for each 

system of records is responsible for 

reviewing all forms developed and used 

to collect information from or about 

individuals for incorporation into the 

system of records. 

(b) * * * 

(1) To ensure that no information 

concerning religion, political beliefs or 

activities, association memberships 

(other than those required for a 

professional license), or the exercise of 

other First Amendment rights is 

required to be disclosed unless such 

requirement of disclosure is expressly 

authorized by statute or by the 

individual about whom the record is 

maintained, or unless pertinent to and 

within the scope of any authorized law 

enforcement activity; 

* * * * * 

(4) To ensure that the form or 

accompanying statement clearly 

indicates to the individual the effects on 

him or her, if any, of refusing to provide 

some or all of the requested information; 

and 

* * * * * 

■ 24. In § 792.66, revise paragraphs (a) 

and (b)(2), add four new sentences to 

the end of paragraph (b)(3), and add four 

new sentences to the end of paragraph 

(b)(4) to read as follows: 

§ 792.66 Exemptions. 

(a) NCUA maintains several systems 

of records that are exempted from some 

provisions of the Privacy Act. The 

system number and name, description 

of records contained in the system, 

exempted provisions and reasons for 

exemption are as follows: 

(b) * * * 

(2) System NCUA–8, entitled, 

‘‘Investigative Reports Involving Any 

Crime or Suspicious Activity Against a 

Credit Union, NCUA,’’ consists of 

investigatory or enforcement records 

about individuals suspected of 

involvement in violations of laws or 

regulations, whether criminal or 

administrative. These records are 

maintained in an overall context of 

general investigative information 

concerning crimes against credit unions. 

To the extent that individually 

identifiable information is maintained 

for purposes of protecting the security of 

any investigations by appropriate law 

enforcement authorities and promoting 

the successful prosecution of all actual 

criminal activity, the records in this 

system are exempted, pursuant to 

section k(2) of the Privacy Act (5 U.S.C. 

552a (k)(2)), from sections (c)(3), (d), 

(e)(1), (e)(2), (e)(4)(G), (e)(4)(H), (f), and 

(g). The records in this system are also 

exempted pursuant to section (j)(2) of 

the Privacy Act, 5 U.S.C. 552a(j)(2), from 

sections (c)(3), (d), (e)(1), (e)(2), 

(e)(4)(G), (e)(4)(H), (f), and (g). Where 

possible, information that would 

identify a confidential source will be 

extracted or summarized in a manner 

that protects the source and the 

summary or extract will be provided to 

the requesting individual. 

(3) * * * NCUA need not make an 

accounting of previous disclosures of a 

record in this system of records 

available to its subject, and NCUA need 

not grant access to any records in this 

system of records by their subject. 

Further, whenever individuals request 

records about themselves and 

maintained in this system of records, 

the NCUA will advise the individuals 

only that no records available to them 

pursuant to the Privacy Act of 1974 

have been identified. However, if review 

of the record reveals that the 

information contained therein has been 

used or is being used to deny the 

individuals any right, privilege or 

benefit for which they are eligible or to 

which they would otherwise be entitled 

under federal law, the individuals will 

be advised of the existence of the 

information and will be provided the 

information, except to the extent 

disclosure would identify a confidential 

source. Where possible, information 

which would identify a confidential 

source will be extracted or summarized 

in a manner which protects the source 

and the summary or extract will be 

provided to the requesting individual. 

(4) * * * NCUA need not make an 

accounting of previous disclosures of a 

record in this system of records 

available to its subject, and NCUA need 

not grant access to any records in this 

system of records by their subject. 

Further, whenever individuals request 

records about themselves and 

maintained in this system of records, 

the NCUA will advise the individuals 

only that no records available to them 

pursuant to the Privacy Act of 1974 

have been identified. However, if review 

of the record reveals that the 

information contained therein has been 

used or is being used to deny the 

individuals any right, privilege or 

benefit for which they are eligible or to 

which they would otherwise be entitled 

under federal law, the individuals will 

be advised of the existence of the 

information and will be provided the 

information, except to the extent 

disclosure would identify a confidential 

source. Where possible, information that 

would identify a confidential source 

will be extracted or summarized in a 

manner which protects the source and 

the summary or extract will be provided 

to the requesting individual. 

* * * * * 

■ 25. In § 792.69, revise paragraph (a) to 

read as follows: 

§ 792.69 Training and employee standards 

of conduct with regard to privacy. 

(a) The Director of the Office of 

Human Resources, with advice from the 

Senior Privacy Act Officer, is 

responsible for training NCUA 

employees in the obligations imposed 

by the Privacy Act and this subpart. 

* * * * * 

[FR Doc. E8–23076 Filed 9–30–08; 8:45 am] 

BILLING CODE 7535–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Parts 121, 125, 127, and 134 

RIN 3245–AF40 

The Women-Owned Small Business 

Federal Contract Assistance 

Procedures 

AGENCY: Small Business Administration. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

U.S. Small Business Administration 

(SBA) regulations governing small 

business contracting programs to set 

forth procedures that will govern the 

new Women-Owned Small Business 

(WOSB) Federal Contract Assistance 

Procedures as authorized in the Small 

Business Act. 

DATES: Effective Date: This rule is 

effective October 31, 2008. 

Applicability Date: This final rule will 

be effective 30 days after publication. 

This final rule does not identify the 

industries in which WOSBs are 

underrepresented or substantially 

underrepresented in Federal 

procurement because SBA is awaiting 

comments on its proposed rule before 

concluding its eligibility 

determinations. SBA’s determination of 

the industries in which WOSBs are 

underrepresented or substantially 

underrepresented in Federal 

procurement will be effective not less 

than 30 days after its publication date. 

FOR FURTHER INFORMATION CONTACT: 

Linda Korbol, Assistant Administrator 

for Women’s Procurement, Office of 

Government Contracting, (202) 205– 

7341 or Linda.Korbol@sba.gov. 

SUPPLEMENTARY INFORMATION: On 

December 27, 2007, SBA proposed to 

amend its regulations in the Federal 

Register, 72 FR 73285, with a request for 

comments to implement the WOSB 

Federal Contract Assistance Procedures 


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