[Federal Register Volume 59, Number 91 (Thursday, May 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11443]


[[Page Unknown]]

[Federal Register: May 12, 1994]


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FARM CREDIT SYSTEM INSURANCE CORPORATION

12 CFR Part 1402

 

Releasing Information

AGENCY: Farm Credit System Insurance Corporation.

ACTION: Final rule.

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SUMMARY: The Farm Credit System Insurance Corporation (Corporation) 
adopts final regulations relating to the public availability of 
Corporation records. The final regulations implement requirements of 
the Freedom of Information Act relating to receipt and processing of 
requests for Corporation records, fees to be charged and procedures to 
be followed in processing requests for records, and requests for waiver 
or reduction in fees under the Freedom of Information Act. The final 
regulations will assist the public in requesting records from the 
Corporation. The final regulations also implement provisions of 
Executive Order 12600 by providing predisclosure notification 
procedures for confidential or financial information.

EFFECTIVE DATE: June 13, 1994.

FOR FURTHER INFORMATION CONTACT:

Ronald H. Erickson, Freedom of Information Officer, Farm Credit System 
Insurance Corporation, McLean, Virginia 22102-0826, (703) 883-4113, or
Jane M. Virga, Senior Attorney, Office of General Counsel, 1501 Farm 
Credit Drive, McLean, Virginia 22102-0826, (703) 883-4020, TDD (703) 
883-4444.

SUPPLEMENTARY INFORMATION: On November 8, 1993, the Corporation 
proposed regulations setting forth procedures to be used in requesting 
access to and responding to requests for Corporation records. See 58 FR 
59210. Essentially, the Corporation proposed regulations that provided 
that all requests for access to Corporation records must be in writing, 
adequately describe the material sought, and be sent to the Corporation 
in McLean, Virginia. The proposed regulations delegated to the Freedom 
of Information Officer authority to make initial determinations 
concerning requests for access to records, and provided procedures for 
final Corporation decisions on administrative appeals. The proposed 
regulations also recited the statutory bases for exemption from 
disclosure and provided that any reasonably segregable portion of a 
record shall be produced as provided by the Freedom of Information Act, 
5 U.S.C. 552 (FOIA). The proposed regulations provided a fee structure 
consistent with the Uniform Freedom of Information Act Fee Schedule and 
Guidelines published by the Office of Management and Budget on March 
27, 1987 (52 FR 10012). The proposed regulations also set forth factors 
to be considered in determining whether to waive or reduce fees. 
Consistent with Executive Order 12600 published on June 23, 1987, 
pertaining to access to certain information submitted to an agency, the 
proposed regulations provided that, upon receipt of a request for 
possibly confidential commercial or financial information which may be 
protected from disclosure under FOIA exemption (b)(4), the Corporation 
shall notify the submitter and provide an opportunity to comment on 
possible disclosure. The Corporation did not receive any comments in 
response to the proposed regulations. The Corporation now adopts 12 CFR 
part 1402 as a final regulation without any revision.

List of Subjects in 12 CFR Part 1402

    Archives and records, Freedom of Information Act, Information, 
Records, Bonds, Insurance.

    For the reasons set out in the preamble, part 1402 of chapter XIV, 
title 12 of the Code of Federal Regulations is added to read as 
follows:

PART 1402--RELEASING INFORMATION

Sec.

Subpart A--[Reserved]

Subpart B--Availability of Records of the Farm Credit System Insurance 
Corporation

1402.10  Official records of the Farm Credit System Insurance 
Corporation.
1402.11  Current index.
1402.12  Identification of records requested.
1402.13  Request for records.
1402.14  Response to requests for records.
1402.15  Business information.

Subpart C--Fees for Provision of Information

1402.20  Definitions.
1402.21  Categories of requesters--fees.
1402.22  Fees to be charged.
1402.23  Waiver or reduction of fees.
1402.24  Advance payments--notice.
1402.25  Interest.
1402.26  Charges for unsuccessful searches or reviews.
1402.27  Aggregating requests.

    Authority: Secs. 5.58, 5.59 of the Farm Credit Act (12 U.S.C. 
2277a-7, 2277a-8); 5 U.S.C. 552; E.O. 12600, 52 FR 23781, 3 CFR, 
1987 Comp., p. 235.

Subpart A--[Reserved]

Subpart B--Availability of Records of the Farm Credit System 
Insurance Corporation


Sec. 1402.10  Official records of the Farm Credit System Insurance 
Corporation.

    (a) The Farm Credit System Insurance Corporation shall, upon any 
request for records which reasonably describes them and is made in 
accordance with the provisions of this subpart, make the records 
available as promptly as practicable to any person, except exempt 
records, which include the following:
    (1) Records specifically authorized under criteria established by 
an Executive order to be kept secret in the interest of national 
defense or foreign policy and are in fact properly classified pursuant 
to such Executive order;
    (2) Records related solely to the internal personnel rules and 
practices of the Farm Credit System Insurance Corporation, including 
matters which are for the guidance of agency personnel;
    (3) Records which are specifically exempted from disclosure by 
statute;
    (4) Trade secret, commercial, proprietary, or financial information 
obtained from any person or organization and privileged or 
confidential;
    (5) Inter-agency or intra-agency memorandums or letters which would 
not be available by law to a private party in litigation with the Farm 
Credit System Insurance Corporation or in litigation in which the 
United States, as a real party in interest on behalf of the Farm Credit 
System Insurance Corporation, is a party;
    (6) Personnel and similar files, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy;
    (7) Records or information compiled for law enforcement purposes, 
but only to the extent that the production of such law enforcement 
records or information:
    (i) Could reasonably be expected to interfere with enforcement 
proceedings;
    (ii) Would deprive a person of a right to a fair trial or an 
impartial adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (iv) Could reasonably be expected to disclose the identity of a 
confidential source, including a State, local, or foreign agency or 
authority or any private institution which furnished information on a 
confidential basis, and, in the case of a record or information 
compiled by criminal law enforcement authority in the course of a 
criminal investigation or by an agency conducting a lawful national 
security intelligence investigation, information furnished by a 
confidential source;
    (v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual; and
    (8) Records of or related to examination, operation, reports of 
condition and performance, or reports of or related to Farm Credit 
System institutions and that are prepared by, on behalf of, or for the 
use of the Farm Credit System Insurance Corporation.
    (b) Any reasonably segregable portion of a record shall be provided 
to any person requesting such record after deletion of the portions 
which are exempt under this section.
    (c) This section does not authorize withholding of information or 
limit the availability of records to the public, except as specifically 
stated in this section. This section is not authority to withhold 
information from Congress.


Sec. 1402.11  Current index.

    The Farm Credit System Insurance Corporation will make available 
for public inspection and copying a current index to provide 
identifying information as to any matter required by 5 U.S.C. 
552(a)(2)(C) to be made available or published in the Federal Register. 
Because of the anticipated infrequency of requests for material 
required to be indexed, it is determined that the publication of the 
index in the Federal Register is unnecessary and impracticable. 
However, the Farm Credit System Insurance Corporation will provide a 
copy of such index to a member of the public upon request therefor at a 
cost not in excess of the direct cost of duplication.


Sec. 1402.12  Identification of records requested.

    A member of the public who requests records from the Farm Credit 
System Insurance Corporation shall provide a reasonable description of 
the records sought including, where possible, specific information as 
to dates, titles, and subject matter, so that such records may be 
located without undue search or inquiry. If a record is not identified 
by a reasonable description, the request therefor may be denied.


Sec. 1402.13  Request for records.

    Requests for records shall be in writing, in an envelope clearly 
marked ``FOIA Request,'' and addressed to the Freedom of Information 
Officer, Farm Credit System Insurance Corporation, McLean, Virginia 
22102-0826. A request improperly addressed will be deemed not to have 
been received for purposes of the 10-day time period set forth in 
Sec. 1402.14(a) until it is received, or would have been received with 
the exercise of due diligence by the Freedom of Information Officer. 
Records requested in conformance with this subpart and which are not 
exempt records may be received in person or by mail as specified in the 
request. Records to be received in person will be available for 
inspection or copying during business hours on a regular business day 
in the offices of the Farm Credit System Insurance Corporation, McLean, 
Virginia 22102-0826.


Sec. 1402.14  Response to requests for records.

    (a) Within 10 days (excluding Saturdays, Sundays, and legal public 
holidays), or any extension thereof as provided in paragraph (d) of 
this section, of the receipt of a request, the Freedom of Information 
Officer shall determine whether to comply with or to deny such request 
and place a notice thereof in writing in the mail addressed to the 
requester.
    (b) Within 30 days of the receipt of a notice denying, in whole or 
in part, a request for records, the requester may appeal the denial. 
The appeal shall be in writing addressed to the Chief Financial 
Officer, Farm Credit System Insurance Corporation, and both the letter 
and envelope shall be clearly marked ``FOIA Appeal.'' An appeal 
improperly addressed shall be deemed not to have been received for 
purposes of the 20-day time period set forth in paragraph (c) of this 
section until it is received, or would have been received with the 
exercise of due diligence by Farm Credit System Insurance Corporation 
personnel.
    (c) Within 20 days (excluding Saturdays, Sundays, and legal public 
holidays), or any extension thereof as provided in paragraph (d) of 
this section, of the receipt of an appeal, the Farm Credit System 
Insurance Corporation shall act upon the appeal and place a notice of 
the determination thereof in writing in the mail addressed to the 
requester. If the determination on the appeal upholds in whole or in 
part the denial of the request for records, or, if a determination on 
the appeal has not been mailed at the end of the 20-day period or the 
last extension thereof, the requester is deemed to have exhausted that 
person's administrative remedies, giving rise to a right of review in a 
district court of the United States as specified in 5 U.S.C. 552(a)(4). 
When a determination cannot be mailed within the applicable time limit, 
the appeal will nevertheless be processed. In such case, upon the 
expiration of the time limit, the requester will be informed of the 
reason for the delay, of the date on which a determination may be 
expected to be mailed, and of that person's right to seek judicial 
review. The requester may be asked to forego judicial review until 
determination of the appeal.
    (d) In unusual circumstances as specified in this paragraph the 10-
day time limit prescribed in paragraph (a) of this section or the 20-
day time limit prescribed in paragraph (c) of this section, or both, 
may be extended provided that the total of all extensions shall not 
exceed 10 days (excluding Saturdays, Sundays, and legal public 
holidays). Extensions shall be made by written notice to the requester 
setting forth the reasons for the extension and the date on which a 
determination is expected to be mailed. As used in this paragraph, 
unusual circumstances means, but only to the extent necessary to the 
proper processing of the request:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
office processing the request;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded 
in a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request or among two or more components of the 
Farm Credit System Insurance Corporation having substantial subject-
matter interest therein.


Sec. 1402.15  Business information.

    (a) Business information provided to the Farm Credit System 
Insurance Corporation by a business submitter shall not be disclosed 
pursuant to a Freedom of Information Act request except in accordance 
with this section. The requirements of this section shall not apply if:
    (1) The Farm Credit System Insurance Corporation determines that 
the information should not be disclosed;
    (2) The information lawfully has been published or otherwise made 
available to the public; or
    (3) Disclosure of the information is required by law (other than 5 
U.S.C. 552).
    (b) For the purpose of this section, the following definitions 
shall apply.
    (1) Business information means trade secrets or other commercial or 
financial information.
    (2) Business submitter means any person or entity which provides 
business information to the government.
    (3) Requester means the person or entity making the Freedom of 
Information Act request.
    (c)(1) The Freedom of Information Officer shall, to the extent 
permitted by law, provide a business submitter with prompt written 
notice of a request encompassing its business information whenever 
required under paragraph (d) of this section. Such notice shall either 
describe the exact nature of the business information requested or 
provide copies of the records or portions thereof containing the 
business information.
    (2) Whenever the Freedom of Information Officer provides a business 
submitter with the notice set forth in paragraph (c)(1) of this 
section, the Freedom of Information Officer shall notify the requester 
that the request includes information that may arguably be exempt from 
disclosure under 5 U.S.C. 552(b)(4) and that the person or entity who 
submitted the information to the Farm Credit System Insurance 
Corporation has been given the opportunity to comment on the proposed 
disclosure of information.
    (d)(1) The Farm Credit System Insurance Corporation shall provide a 
business submitter with notice of a request whenever:
    (i) The business submitter has in good faith designated the 
information as commercially or financially sensitive information; or
    (ii) The Farm Credit System Insurance Corporation has reason to 
believe that the disclosure of the information may result in commercial 
or financial injury to the business submitter.
    (2) Notice of a request for business information falling within 
paragraph (d)(1)(i) of this section shall be required for a period of 
not more than 10 years after the date of submission unless the business 
submitter requests and provides acceptable justification for a specific 
notice period of greater duration.
    (3) Whenever possible, the business submitter's claim of 
confidentiality should be supported by a statement or certification by 
an officer or authorized representative of the business submitter that 
the information in question is in fact a trade secret or commercial or 
financial information that is privileged or confidential.
    (e) Through the notice described in paragraph (c) of this section, 
the Farm Credit System Insurance Corporation shall, to the extent 
permitted by law, afford a business submitter a reasonable period 
within which it can provide the Farm Credit System Insurance 
Corporation with a detailed statement of any objection to disclosure. 
Such statement shall specify all grounds for withholding any of the 
information under any exemption of the Freedom of Information Act and, 
in the case of the exemption provided by 5 U.S.C. 552(b)(4), shall 
demonstrate why the information is contended to be a trade secret or 
commercial or financial information that is privileged or confidential. 
Information provided by a business submitter pursuant to this paragraph 
may itself be subject to disclosure under the Freedom of Information 
Act.
    (f)(1) The Farm Credit System Insurance Corporation shall consider 
carefully a business submitter's objections and specific grounds for 
nondisclosure prior to determining whether to disclose business 
information. Whenever the Farm Credit System Insurance Corporation 
decides to disclose business information over the objection of a 
business submitter, the Freedom of Information Officer shall forward to 
the business submitter a written notice which shall include:
    (i) A statement of the reasons for which the business submitter's 
disclosure objections were not sustained;
    (ii) A description of the business information to be disclosed; and
    (iii) A specified disclosure date.
    (2) The notice of intent to disclose required by this paragraph 
shall be sent, to the extent permitted by law, within a reasonable 
number of days prior to the specified date upon which disclosure is 
intended.
    (3) The Freedom of Information Officer shall send a copy of such 
disclosure notice to the requester at the same time the notice is sent 
to the business submitter.
    (g) Whenever a requester brings suit seeking to compel disclosure 
of business information covered by paragraph (d) of this section, the 
Farm Credit System Insurance Corporation shall promptly notify the 
business submitter of such action.

Subpart C--Fees for Provision of Information


Sec. 1402.20  Definitions.

    For the purpose of this subpart, the following definitions shall 
apply:
    (a) Commercial use request means a request for information that is 
from or on behalf of an individual or entity seeking information for a 
use or purpose that furthers the commercial, trade, or profit interests 
of the requester or on whose behalf the request is being made. To 
determine whether a request is properly classified as a commercial use 
request, the Farm Credit System Insurance Corporation shall determine 
the purpose for which the documents requested will be used. If the Farm 
Credit System Insurance Corporation has reasonable cause to doubt the 
purpose specified in the request, for which a requester will use the 
records sought, or where the purpose is not clear from the request 
itself, the Farm Credit System Insurance Corporation shall seek 
additional clarification before assigning the request to a specified 
category.
    (b) Direct costs means those expenditures the Farm Credit System 
Insurance Corporation actually incurs in searching for and reproducing 
documents to respond to a request for information. In the case of a 
commercial use request, the term also means those expenditures the Farm 
Credit System Insurance Corporation actually incurs in reviewing 
documents to respond to the request. The direct cost shall include the 
salary of the employee performing work (the basic rate of pay for the 
employee plus 16 percent of that rate to cover benefits) and the cost 
of operating reproduction equipment. Not included in direct costs are 
overhead expenses such as costs of space, and heating or lighting the 
facility in which the records are stored.
    (c) Educational institution means a preschool, a public or private 
elementary or secondary school, an institution of undergraduate higher 
education, an institution of graduate higher education, an institution 
of professional education, and an institution of vocational education 
that operates a program or programs of scholarly research.
    (d) Noncommercial scientific institution refers to an institution 
that is not operated on a commercial, trade, or profit basis and that 
is operated solely for the purpose of conducting scientific research, 
the results of which are not intended to promote any particular product 
or industry.
    (e) Representative of the news media means any person actively 
gathering news for an entity that is organized and operated to publish 
or broadcast news to the public. The term news means information that 
is about current events or that would be of current interest to the 
public. Examples of news media entities include television or radio 
stations broadcasting to the public at large, and publishers of 
periodicals (but only in those instances when the periodicals can 
qualify as disseminators of ``news'') who make their products available 
for purchase or subscription by the general public. These examples are 
not intended to be all-inclusive. As traditional methods of news 
delivery evolve (e.g., electronic dissemination of newspapers through 
telecommunication services), such alternative media would be included 
in this category. ``Freelance'' journalists may be regarded as working 
for a news organization if they can demonstrate a solid basis for 
expecting publication through that organization even though they are 
not actually employed by the organization. A publication contract would 
be the clearest proof that a journalist is working for a news 
organization, but the Farm Credit System Insurance Corporation may look 
to a requester's past publication record to determine whether a 
journalist is working for a news organization.
    (f) Reproduce and reproduction mean the process of making a copy of 
a document necessary to respond to a request for information. Such 
copies take the form of paper copy, microfilm, audio-visual materials, 
or machine readable documentation (e.g., magnetic tape or disk), among 
others. The copy provided shall be in a form that is reasonably usable 
by requesters.
    (g) Review means the process of examining documents located in 
response to a request for information to determine whether any portion 
of any document located is permitted to be withheld. It also includes 
processing any documents for disclosure (e.g., doing all that is 
necessary to prepare the documents for release). The term review does 
not include the time spent resolving general legal or policy issues 
regarding the application of exemptions. The Farm Credit System 
Insurance Corporation shall only charge fees for reviewing documents in 
response to a commercial use request.
    (h) Search includes all time spent looking for material that is 
responsive to a request for information, including page-by-page or 
line-by-line identification of material within documents. Searching for 
material shall be done in the most efficient and least expensive manner 
so as to minimize the costs of the Farm Credit System Insurance 
Corporation and the requester. For example, a line-by-line search for 
responsive material should not be performed when merely reproducing an 
entire document would be the less expensive and the faster method of 
complying with a request for information. Searches may be done manually 
or by computer using existing programming. A ``search'' for material 
that is responsive to a request should be distinguished from a 
``review'' of material to determine whether the material is exempt from 
disclosure.


Sec. 1402.21  Categories of requesters--fees.

    There are four categories of requesters: Commercial use requesters; 
educational and noncommercial scientific institutions; representatives 
of the news media; and all other requesters.
    (a) The Farm Credit System Insurance Corporation shall charge fees 
for records requested by or on behalf of educational institutions and 
noncommercial scientific institutions in an amount which equals the 
cost of reproducing the documents responsive to the request, excluding 
the costs of reproducing the first 100 pages. For a request to be 
included in this category, requesters must show that the request being 
made is authorized by and under the auspices of a qualifying 
institution and that the records are not sought for a commercial use 
but are sought in furtherance of scholarly research (if the request is 
from an educational institution) or scientific research (if the request 
is from a noncommercial scientific institution).
    (b) The Farm Credit System Insurance Corporation shall charge fees 
for records requested by representatives of the news media in an amount 
which equals the cost of reproducing the documents responsive to the 
request, excluding the costs of reproducing the first 100 pages. For a 
request to be included in this category, the requester must qualify as 
a representative of the news media and the request must not be made for 
a commercial use. A request for records supporting the news 
dissemination function of the requester shall not be considered to be a 
request that is for a commercial use.
    (c) The Farm Credit System Insurance Corporation shall charge fees 
for records requested by persons or entities making a commercial use 
request in an amount that equals the full direct costs for searching 
for, reviewing for release, and reproducing the records sought. 
Commercial use requesters are not entitled to 2 hours of free search 
time nor 100 free pages of reproduction of documents. In accordance 
with Sec. 1402.26, commercial use requesters may be charged the costs 
of searching for and reviewing records even if there is ultimately no 
disclosure of records.
    (d) The Farm Credit System Insurance Corporation shall charge fees 
for records requested by persons or entities that are not classified in 
any of the categories listed in paragraphs (a), (b), or (c) of this 
section in an amount that equals the full reasonable direct cost of 
searching for and reproducing records that are responsive to the 
request, excluding the first 2 hours of search time and the cost of 
reproducing the first 100 pages of records. In accordance with 
Sec. 1402.26, requesters in this category may be charged the cost of 
searching for records even if there is ultimately no disclosure of 
records, excluding the first 2 hours of search time.
    (e) For purposes of the exceptions contained in this section on 
assessment of fees, the word pages refers to paper copies of ``8\1/2\ 
x  11'' or ``11  x  14.'' Thus, requesters are not entitled to 100 
microfiche or 100 computer disks, for example. A microfiche containing 
the equivalent of 100 pages or a computer disk containing the 
equivalent of 100 pages of computer printout meets the terms of the 
exception.
    (f) For purposes of paragraph (d) of this section, the term search 
time has as its basis, manual search. To apply this term to searches 
made by computer, the Farm Credit System Insurance Corporation will 
determine the hourly cost of operating the central processing unit and 
the operator's hourly salary plus 16 percent of that rate. When the 
cost of search (including the operator time and the cost of operating 
the computer to process a request) equals the equivalent dollar amount 
of 2 hours of the salary of the person performing the search, i.e., the 
operator, the Farm Credit System Insurance Corporation will begin 
assessing charges for computer search.


Sec. 1402.22  Fees to be charged.

    (a) Generally, the fees charged for requests for records shall 
cover the full allowable direct costs of searching for, reproducing, 
and reviewing documents that are responsive to a request for 
information.
    (b) Manual searches for records will be charged at the salary 
rate(s) (i.e., basic pay plus 16 percent of that rate) of the 
employee(s) making the search.
    (c) Computer searches for records will be charged at the actual 
direct cost of providing the service. This will include the cost of 
operating the central processing unit for that portion of operating 
time that is directly attributable to searching for records and the 
operator/programmer salary apportionable to the search. A charge shall 
also be made for any substantial amounts of special supplies or 
materials used to contain, present, or make available the output of 
computers, based upon the prevailing levels of costs to the Farm Credit 
System Insurance Corporation for the type and amount of such supplies 
of materials that are used. Nothing in this paragraph shall be 
construed to entitle any person or entity, as a right, to any services 
in connection with computerized records, other than services to which 
such person or entity may be entitled under the provisions of this 
subpart.
    (d) Only requesters who are seeking documents for commercial use 
may be charged for time spent reviewing records to determine whether 
they are exempt from mandatory disclosure. Charges may be assessed only 
for the initial review; i.e., the review undertaken the first time the 
Farm Credit System Insurance Corporation analyzes the applicability of 
a specific exemption to a particular record or portion of a record. 
Records or portions of records withheld in full under an exemption that 
is subsequently determined not to apply may be reviewed again to 
determine the applicability of other exemptions not previously 
considered. The costs for such a subsequent review is assessable.
    (e) Records will be reproduced at a rate of $.15 per page. For 
copies prepared by computer, such as tapes or printouts, the requester 
shall be charged the actual cost, including operator time, of 
production of the tape or printout. For other methods of reproduction, 
the actual direct costs of producing the document(s) shall be charged.
    (f) The Farm Credit System Insurance Corporation will recover the 
full costs of providing services such as those enumerated below when it 
elects to provide them:
    (1) Certifying that records are true copies; or
    (2) Sending records by special methods such as express mail.
    (g) Remittances shall be in the form either of a personal check or 
bank draft drawn on a bank in the United States, or a postal money 
order. Remittances shall be made payable to the order of the Farm 
Credit System Insurance Corporation.
    (h) A receipt for fees paid will be given upon request.


Sec. 1402.23  Waiver or reduction of fees.

    (a) The Farm Credit System Insurance Corporation may grant a waiver 
or reduction of fees if the Farm Credit System Insurance Corporation 
determines that the disclosure of the information is in the public 
interest because it is likely to contribute significantly to public 
understanding of the operations or activities of the Government, and 
the disclosure of the information is not primarily in the commercial 
interest of the requester.
    (b) The Farm Credit System Insurance Corporation will not charge 
fees to any requester, including commercial use requesters, if the cost 
of collecting a fee would be equal to or greater than the fee itself. 
The elements to be considered in determining the ``cost of collecting a 
fee'' are the administrative costs of receiving and recording a 
requester's remittance and processing the fee.


Sec. 1402.24  Advance payments--notice.

    (a) Where it is anticipated that the fees chargeable will amount to 
more than $25 and the requester has not indicated in advance a 
willingness to pay fees as high as are anticipated, the requester shall 
be promptly notified of the amount of the anticipated fee or such 
portion thereof that can be readily estimated.
    (b) If the anticipated fees exceed $250 and if the requester has a 
history of promptly paying fees charged in connection with information 
requests, the Farm Credit System Insurance Corporation may obtain 
satisfactory assurances that the requester will fully pay the fees 
anticipated.
    (c) If the anticipated fees exceed $250 and if the requester has no 
history of paying fees charged in connection with information requests, 
the Farm Credit System Insurance Corporation may require an advance 
payment of fees in an amount up to the full amount anticipated.
    (d) If the requester has previously failed to pay a fee charged 
within 30 days of the date of a billing for fees charged in connection 
with information requests, the Farm Credit System Insurance Corporation 
may require the requester to pay the fees owed, plus interest, or 
demonstrate that the full amount owed has been paid, and require the 
requester to make an advance payment of the full amount of the fees 
anticipated before processing a new request or a pending request from 
that requester.
    (e) The notice of the amount of an anticipated fee or a request for 
an advance deposit shall include an offer to the requester to confer 
with identified Farm Credit System Insurance Corporation personnel to 
attempt to reformulate the request in a manner which will meet the 
needs of the requester at a lower cost.


Sec. 1402.25  Interest.

    The Farm Credit System Insurance Corporation may begin charging 
interest on unpaid fees, starting on the 31st day following the day on 
which the bill for such fees was sent. Interest will not accrue if 
payment of the fees has been received by the Farm Credit System 
Insurance Corporation, even if said payment has not been processed. 
Interest will accrue at the rate prescribed in section 3717 of title 
31, United States Code, and will accrue from the day on which the bill 
for such fees was sent.


Sec. 1402.26  Charges for unsuccessful searches or reviews.

    The Farm Credit System Insurance Corporation may assess charges for 
time spent searching for records on behalf of requesters in the 
categories provided for in Sec. 1402.21 (c) and (d), even if there are 
no records that are responsive to the request or there is ultimately no 
disclosure of records. The Farm Credit System Insurance Corporation may 
assess charges for time spent reviewing records for requesters in the 
category provided for in Sec. 1402.21(c) even if the records located 
are determined to be exempt from disclosure.


Sec. 1402.27  Aggregating requests.

    A requester may not file multiple requests at the same time, each 
seeking portions of a document or documents, solely in order to avoid 
payment of fees. When the Farm Credit System Insurance Corporation 
reasonably believes that a requester, or a group of requesters acting 
in concert, is attempting to break a request down into a series of 
requests for the purpose of evading the assessment of fees, the Farm 
Credit System Insurance Corporation may aggregate any such requests and 
charge accordingly. One element to be considered in determining whether 
a belief would be reasonable is the time period over which the requests 
have occurred.

    Dated: May 3, 1994.
Nan P. Mitchem,
Acting Secretary to the Board, Farm Credit System Insurance 
Corporation.
[FR Doc. 94-11443 Filed 5-11-94; 8:45 am]
BILLING CODE 6710-01-P