[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Rules and Regulations]
[Pages 49593-49594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25237]
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FARM CREDIT SYSTEM INSURANCE CORPORATION
12 CFR Part 1402
RIN 3055-AA06
Releasing Information
AGENCY: Farm Credit System Insurance Corporation.
ACTION: Final rule.
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SUMMARY: The Farm Credit System Insurance Corporation (Corporation),
through the Corporation Board (Board), issues a final rule amending its
regulations governing the release of information. The objective of this
action is to conform applicable Corporation regulations to the
requirements of the Freedom of Information Act (FOIA), 5 U.S.C. 552, as
amended by the Electronic Freedom of Information Act Amendments of 1996
(1996 Amendments), Pub. L. 104-231, and to clarify the address of the
official who receives FOIA requests for records.
EFFECTIVE DATE: October 2, 1997.
FOR FURTHER INFORMATION CONTACT: Dorothy L. Nichols, General Counsel,
Farm Credit System Insurance Corporation, McLean, VA 22102, (703) 883-
4211, TDD (703) 883-4444.
SUPPLEMENTARY INFORMATION: Through the Electronic Freedom of
Information Act Amendments of 1996, Congress amended the FOIA to
address, among other things, the timing of agency responses to FOIA
requests. The FOIA was amended to increase the time limit for agency
responses from 10 to 20 working days. Another time-related amendment
requires agencies to promulgate regulations under which requests for
expedited processing will be considered and to grant such requests upon
a showing of a compelling need. These amendments are effective October
2, 1997.
In response to the amendment of the FOIA, the Corporation is
amending its regulations at part 1402, subpart B, as a final rule. The
amendments to part 1402, subpart B, reflect the requirements of the
FOIA, as amended, and are not interpretative. The 1996 Amendments
provide Federal agencies with no discretion and require the time-
related amendments to be effective on October 2, 1997. Moreover, the
regulations that the Corporation adopts to implement the 1996
Amendments and to clarify the address of the Freedom of Information
Officer are ministerial, minor, technical, and noncontroversial. For
these reasons, the Corporation finds good cause to determine that
public notice and comment for this regulation are unnecessary,
impractical, and contrary to the public interest, pursuant to the
Administrative Procedure Act, 5 U.S.C. 553(a)(3)(B).
Sections 1402.13 and 1402.14 (a) and (d) are amended to reflect
that, effective October 2, 1997, the Corporation will have 20 days
within which to respond to FOIA requests for records.
Section 1402.13 is also amended to provide that FOIA requests for
records should be addressed to the Freedom of Information Officer, Farm
Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, VA
22102.
Finally, the Corporation has added new Sec. 1402.14(e) to address
the new requirement that the Corporation promulgate regulations
concerning the granting of a request for expedited processing of a FOIA
request upon a requester's showing of a compelling need for the
information. The new regulation requires the Freedom of Information
Officer to notify a requester within 10 calendar days after receipt of
such a request whether the Corporation granted expedited processing
and, if so, to process the request as soon as practicable. The
regulation defines ``compelling need'' to mean that a failure to obtain
the requested records on an expedited basis could reasonably be
expected to pose an imminent threat to the life or physical safety of
an individual, or, with respect to a request made by a person primarily
engaged in disseminating information, that there is an urgency to
inform the public concerning actual or alleged Federal Government
activity. The regulation further provides that a requester demonstrate
a compelling need by a statement certified by the requester to be true
and correct to the best of such person's knowledge and belief. The
procedures for expedited processing apply to both requests for
information and to administrative appeals.
The remaining provisions of the 1996 Amendments to the FOIA do not
require amendment of the Corporation's regulations governing the
release of information at part 1402.
List of Subjects in 12 CFR Part 1402
Courts, Freedom of information, Government employees.
For the reasons stated in the preamble, part 1402 of chapter XIV,
title 12 of the Code of Federal Regulations is amended to read as
follows:
PART 1402--RELEASING INFORMATION
1. The authority citation for part 1402 is revised to read as
follows:
Authority: Secs. 5.58, 5.59 of the Farm Credit Act (12 U.S.C.
2277a-7, 2277a-8); 5 U.S.C. 552; 52 FR 10012; E.O. 12600, 52 FR
23781, 3 CFR, 1987 Comp., p. 235.
Subpart B--Availability of Records of the Farm Credit System
Insurance Corporation
2. Section 1402.13 is revised to read as follows:
Sec. 1402.13 Request for records.
Requests for records shall be in writing and addressed to the
attention of the Freedom of Information Officer, Farm Credit System
Insurance Corporation, McLean, Virginia 22102. A request improperly
addressed will be deemed not to have been received for purposes of the
20-day time period set forth in Sec. 1402.14(a) of this part until it
is received, or would have been received, by the Freedom of Information
Officer with the exercise of due diligence by Corporation personnel.
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, 1501
Farm Credit Drive, McLean, Virginia 22102.
3. Section 1402.14 is amended by revising paragraphs (a) and (d)
and adding paragraph (e) to read as follows:
Sec. 1402.14 Response to requests for records.
(a) Within 20 days (excluding Saturdays, Sundays, and legal public
holidays), or any extensions thereof as provided in paragraph (d) of
this section, of the receipt of a request by the Freedom of Information
Officer, the Freedom of Information Officer shall determine whether to
comply with or deny such a request and transmit a written notice
thereof to the requester.
* * * * *
(d) In ``unusual circumstances,'' the 20-day time limit prescribed
in paragraphs (a) and (c) of this section, or both, may be extended by
the Freedom of Information Officer or, in the case of an appeal, by the
General Counsel, provided that the total of all extensions does not
exceed 10 days (excluding
[[Page 49594]]
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
dispatched. As used in this paragraph, ``unusual circumstances'' means,
but only to the extent reasonably necessary to the proper processing of
the request:
(1) The need to search for and collect the requested records from
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
agency having a substantial subject matter interest therein.
(e) A requester may obtain, upon request, expedited processing of a
request for records when the requester demonstrates a ``compelling
need'' for the information. The Freedom of Information Officer will
notify the requester within 10 calendar days after receipt of such a
request whether the Corporation granted expedited processing. If
expedited processing was granted, the request will be processed as soon
as practicable.
(1) For the purposes of this paragraph, ``compelling need'' means:
(i) That a failure to obtain requested records on an expedited
basis could reasonably be expected to pose an imminent threat to the
life or physical safety of an individual; or
(ii) With respect to a request made by a person primarily engaged
in disseminating information, urgency to inform the public concerning
actual or alleged Federal Government activity.
(2) A requester shall demonstrate a compelling need by a statement
certified by the requester to be true and correct to the best of such
person's knowledge and belief.
(3) The procedures of this paragraph (e) for expedited processing
apply to both requests for information and to administrative appeals.
Dated: September 17, 1997.
Floyd Fithian,
Secretary, Farm Credit System Insurance Corporation Board.
[FR Doc. 97-25237 Filed 9-22-97; 8:45 am]
BILLING CODE 6710-01-P