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71343Federal Register / Vol. 76, No. 222/ Thursday, November 17, 2011 / Notices

Dated: September 28, 2011.

Richard C. Karl,

Director, Superfund Division.

[FR Doc. 2011–29757 Filed 11–16–11; 8:45 am]

BILLING CODE 6560–50–P

FARM CREDIT ADMINISTRATION

[FCA–PS–81; NV 11–25]

Ethics, Independence, Arm’s-LengthRole, Ex Parte Communications andOpen Government

AGENCY: Farm Credit Administration.ACTION: Policy statement.

SUMMARY: The Farm CreditAdministration (FCA or Agency) Boardwas created by Congress to serve thepublic interest in ensuring a source of affordable and dependable credit toagriculture and rural America. Infulfilling this obligation, the FCA Board

should ensure that the Agency hasconducted a thorough, independent andobjective analysis of every matter

 brought before it for action, and thatvarying viewpoints and interests areconsidered by the FCA Board prior tomaking any substantive decision. Asreflected by its current policies, the FCABoard believes that it must placeemphasis on the independence andobjectivity of itself and all FCAemployees in dealing withrepresentatives of the Farm CreditSystem (System) and the public. TheFCA Board also is committed to theethics principles and laws governing all

Executive Branch employees and to theAgency’s strong ethics program.DATES: Effective Date: November 7,2011.

FOR FURTHER INFORMATION CONTACT:Wendy R. Laguarda, Assistant GeneralCounsel, Office of General Counsel,Farm Credit Administration, McLean,VA 22102–5090, (703) 883–4020, TTY(703) 883–4020.SUPPLEMENTARY INFORMATION: Thefollowing policy reaffirms the Board’scommitment to the ethics laws andregulations, its avoidance of ex partecommunications in its judicial andrulemaking roles, its commitment toopen Government and its role as anindependent, arm’s length safety andsoundness regulator:

THE FCA BOARD HEREBY ADOPTSTHE FOLLOWING POLICYSTATEMENT

Ethics, Independence, Arm’s-LengthRole, Ex Parte Communications and Open Government FCA–PS–81 [NV 11– 25]

DATES: Effective Date: 7–NOV–11.

Effect on Previous Actions: None.Source of Authority: Sections 5.8, 5.9,

5.10, and 5.11 of the Farm Credit Act of 1971, as amended.

Ethics. The body of ethics law, rulesand policies are designed to ensure thatevery citizen can have completeconfidence in the integrity of theGovernment. FCA, as an agency in the

executive branch, is subject to theFederal criminal conflict of interest lawsand Office of Government Ethics (OGE)regulations and oversight, including the14 General Principles of EthicalConduct and the Uniform Standards of Ethical Conduct (Code) (5 CFR part2635), the restrictions on certainnoncareer employees (5 CFR part 2636),the regulations on ethics programresponsibilities (5 CFR part 2638), thefinancial disclosure regulations (5 CFRpart 2634), the regulations on actsaffecting a personal financial interest (5CFR part 2640), and the post-employment restrictions (5 CFR part2641). FCA also has issuedsupplemental ethics rules with theconcurrence of OGE (5 CFR part 4101).In addition, the FCA Board Members, asPresidential Appointees with Senateconfirmation (PAS), are subject to anyfurther applicable ethics restrictionsthat may be imposed by the President of the United States.

Pursuant to the body of ethics lawscited above, the FCA Board willcontinue to hold itself to the higheststandards of ethical conduct inrecognition that its commitment andadherence to the Agency ethics program

sets the standard for the commitmentand conduct of Agency staff. BoardMembers should avoid actions thatcould create the impression that theycan be improperly influenced. Theyshould also avoid actions that couldcreate the appearance of violating thelaw, the ethical standards set forth inthe Federal and FCA ethical standardsof conduct, or other applicableguidance. In decision making, a BoardMember should be guided by theintegrity of the Farm Credit Act, asamended, and also by the knowledgethat he/she is acting on behalf of the

public.Independence. The FCA has beenestablished as an independent Agencyto administer laws enacted by theCongress. Its PAS Board Members servefixed terms as provided by law. Becauseof its independent status, BoardMembers should not let their officialdecisions be swayed by partisandemands. Although the Agency workscooperatively with Congress and theWhite House, Board Members andemployees must remain mindful of theirduty to make independent

determinations on matters beingconsidered by the Agency. Thedecisions made by a Board Member willreflect objective understanding andknowledge of the complexity of thematter under consideration.

Arm’s-Length Role. The FCA BoardMembers and Agency staff arecommitted to maintaining an arm’s-

length relationship with the System.This means Agency decisions must beindependent of any undue influence,favoritism, or special access so that allparties coming before the Agency standon an equal footing. The BoardMembers, as final arbiters of Agencyactions affecting the System, as well asall Agency employees who havedecision-making authority affectingSystem institutions and related entities,must be especially mindful to conductthemselves in a fair and impartialmanner, avoiding any actions that createan appearance of a loss of impartiality.

This is especially important in light of FCA’s examination, rulemaking andadjudicatory functions. While open andinformative communications withregulated parties is essential for aneffective regulator, the FCA Board andstaff will strive to maintain anappropriate balance in itscommunications with the System,keeping in mind the totality of thecircumstances—including the content,timing and setting of suchcommunications—before engaging withthe System. FCA Board and staff willconsult with the ethics staff wheneverin doubt about the propriety of such

communications.Determination of Appearance of Loss

of Impartiality. Under the Code’simpartiality rule, an appearance concernis judged on the basis of the individualBoard Member or employee determiningthat the circumstances would cause areasonable person with knowledge of the relevant facts to question his or herimpartiality in the matter. The rule alsopermits the DAEO or ethics designee tomake an independent determination of whether or not a potential appearanceproblem would cause a reasonableperson with knowledge of the relevant

facts to question a Board Member’s oremployee’s impartiality in a matter.Ex Parte Communications. In its

judicial functions, the Board Membersand staff avoid all discussions withpersons outside the Agency and its staff as set forth in Agency regulations at 12CFR part 622.7(j). Specifically, thisregulatory provision, in part, prohibitsany FCA Board Member or employeewho is or may reasonably be expectedto be involved in the decisional processfrom making or knowingly cause to bemade an ex parte communication

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71344 Federal Register / Vol. 76, No. 222/ Thursday, November 17, 2011 / Notices

relevant to the merits of the proceedingto any person. In its rulemakingfunctions, the Board Members and staff also adhere to the ex parte restrictionsset forth in Board Policy 37, whichgoverns substantive oralcommunications with the public duringthe rulemaking process.

Open Government. The Agency is

committed to conducting its business inthe sunshine and on the public recordas required by law. We also adopt thefollowing core values of an open andaccountable FCA as outlined in thePresident’s Open Governmentmemorandum issued in January 2009:

• Transparency: FCA should providecitizens with information about what itis doing to promote knowledge,accessibility and accountability.

• Participation: FCA should activelysolicit expertise from the public andfrom outside Washington so that itmakes policies with the benefit of the

 best information.• Collaboration: FCA officials should

work together with other Governmentofficials and with citizens as part of doing its job of solving nationalproblems.Dated This 7th Day Of November, 2011.

By Order of the Board.Dated: November 10, 2011.

Dale L. Aultman,

Secretary, Farm Credit Administration Board.

[FR Doc. 2011–29687 Filed 11–16–11; 8:45 am]

BILLING CODE 6705–01–P

FEDERAL RESERVE SYSTEM

Change in Bank Control Notices;Acquisitions of Shares of a Bank orBank Holding Company

The notificants listed below haveapplied under the Change in BankControl Act (12 U.S.C. 1817(j)) and§ 225.41 of the Board’s Regulation Y (12CFR 225.41) to acquire shares of a bankor bank holding company. The factorsthat are considered in acting on thenotices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for

immediate inspection at the FederalReserve Bank indicated. The noticesalso will be available for inspection atthe offices of the Board of Governors.Interested persons may express theirviews in writing to the Reserve Bankindicated for that notice or to the officesof the Board of Governors. Commentsmust be received not later than

Unless otherwise noted, commentsregarding the applications must bereceived at the Reserve Bank indicatedor the offices of the Board of Governorsnot later than December 2, 2011.

A. Federal Reserve Bank of Philadelphia (William Lang, Senior VicePresident) 100 North 6th StreetPhiladelphia, Pennsylvania 19105–1521:

1. Arthur J. Kania, St. Davids,Pennsylvania; to acquire voting sharesof Franklin Security Bancorp, Inc.,Wilkes Barre, Pennsylvania, and thereby

indirectly acquire voting shares of Franklin Security Bank, PlainsTownship, Pennsylvania.

2. W. Kirk Wycoff, Ira M. Lubert, and  James J. Lynch, all of Philadelphia,Pennsylvania; collectively to acquirevoting shares of Continental BankHoldings, Inc., and thereby indirectlyacquire voting shares of ContinentalBank, both in Plymouth Meeting,Pennsylvania.

B. Federal Reserve Bank of Atlanta(Chapelle Davis, Assistant VicePresident) 1000 Peachtree Street NE.,Atlanta, Georgia 30309:

1. Richard D. Ross, Leesville,Louisiana; to retain control of Merchants & Farmers Bancshares, Inc.,and thereby indirectly retain control of Merchants & Farmers Bank & TrustCompany, both in Leesville, Louisiana.

Board of Governors of the Federal ReserveSystem, November 14, 2011.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 2011–29695 Filed 11–16–11; 8:45 am]

BILLING CODE 6210–01–P

FEDERAL RESERVE SYSTEM

Notice of Proposals To Engage in orTo Acquire Companies Engaged inPermissible Nonbanking Activities

The companies listed in this noticehave given notice under section 4 of theBank Holding Company Act (12 U.S.C.1843) (BHC Act) and Regulation Y (12CFR part 225) to engage de novo, or toacquire or control voting securities orassets of a company, including thecompanies listed below, that engageseither directly or through a subsidiary orother company, in a nonbanking activitythat is listed in §225.28 of Regulation Y(12 CFR 225.28) or that the Board hasdetermined by Order to be closelyrelated to banking and permissible for

 bank holding companies. Unlessotherwise noted, these activities will beconducted throughout the United States.

Each notice is available for inspectionat the Federal Reserve Bank indicated.The notice also will be available forinspection at the offices of the Board of Governors. Interested persons mayexpress their views in writing on thequestion whether the proposal complies

with the standards of section 4 of theBHC Act.

Unless otherwise noted, commentsregarding the applications must bereceived at the Reserve Bank indicatedor the offices of the Board of Governorsnot later than December 2, 2011.

A. Federal Reserve Bank of Kansas

City (Dennis Denney, Assistant VicePresident), 1 Memorial Drive, KansasCity, Missouri 64198–0001:

1. Lindoe, Inc., Ordway, Colorado; toengage de novo in lending activities,pursuant to section 225.28(b)(1) of Regulation Y.

Board of Governors of the Federal ReserveSystem, November 14, 2011.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. 2011–29696 Filed 11–16–11; 8:45 am]

BILLING CODE 6210–01–P

FEDERAL RETIREMENT THRIFTINVESTMENT BOARD

Sunshine Act; Notice of Meeting

TIME AND DATE: 1 p.m. (Eastern Time)November 30, 2011.

PLACE: 4th Floor Conference Room,1250 H Street, NW., Washington, DC20005.

STATUS: Parts will be open to the publicand parts will be closed to the public.

MATTERS TO BE CONSIDERED:

Parts Open to the Public

1. Approval of the minutes of theOctober 17, 2011 Board MemberMeeting.

2. Recognition of Outstanding Service by Board Member Sanchez.

3. Thrift Savings Plan Activity Report by the Executive Director:

a. Monthly Participant ActivityReport.

 b. Monthly Investment PerformanceReview.

c. Legislative Report.

4. 2012 Board Meeting Calendar.

Parts Closed to the Public

5. Procurement.

CONTACT PERSON FOR MORE INFORMATION:Thomas J. Trabucco, Director, Office of External Affairs, (202) 942–1640.

Dated: November 15, 2011.

Thomas K. Emswiler,

Secretary, Federal Retirement Thrift Investment Board.

[FR Doc. 2011–29831 Filed 11–15–11; 4:15 pm]

BILLING CODE 6760–01–P

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