[Federal Register Volume 62, Number 148 (Friday, August 1, 1997)]
[Rules and Regulations]
[Pages 41253-41254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20370]
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FARM CREDIT ADMINISTRATION
12 CFR Part 602
RIN 3052-AB77
Releasing Information
AGENCY: Farm Credit Administration.
ACTION: Final rule.
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SUMMARY: The Farm Credit Administration (FCA or Agency), through the
FCA Board, issues a final rule amending its regulations governing the
release of information. The objective of this action is to conform
applicable FCA 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 FCA official who receives
FOIA requests for records.
DATES: The regulation shall become effective October 2, 1997, or upon
the expiration of 30 days after publication during which either or both
Houses of Congress are in session, whichever is later. A document
announcing the effective date will be published in the Federal
Register.
FOR FURTHER INFORMATION CONTACT:
John Hays, Policy Analyst, Regulation Development Division, Office of
Policy Development and Risk Control, Farm Credit Administration,
McLean, VA 22102-5090, (703) 883-4498, TDD (703) 883-4444,
or
Jane Virga, Senior Attorney, Legal Counsel Division, Office of General
Counsel, Farm Credit Administration, McLean, VA 22102-5090, (703) 883-
4020, 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 FCA is amending its
regulations at part 602, subpart B, as a final rule. The amendments to
part 602, 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 FCA
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 FCA finds good cause to
determine that public notice and comments 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 602.260 and 602.261(a) and (d) are amended to reflect that
the Agency will have 20 days within which to respond to FOIA requests
for records. Section 602.260 is also amended to provide that FOIA
requests for records should be addressed to the Freedom of Information
Officer, Farm Credit Administration, 1501 Farm Credit Drive, McLean, VA
22102-5090.
Finally, the FCA has added new Sec. 602.261(e) to address the new
requirement that the Agency 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 Agency 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 FCA's regulations governing the release of
information at part 602.
List of Subjects in 12 CFR Part 602
Courts, Freedom of information, Government employees.
For the reasons stated in the preamble, part 602 of chapter VI,
title 12 of the Code of Federal Regulations is amended to read as
follows:
PART 602--RELEASING INFORMATION
1. The authority citation for part 602 is revised to read as
follows:
Authority: Secs. 5.9, 5.17 of the Farm Credit Act (12 U.S.C.
2243, 2252); 5 U.S.C.
[[Page 41254]]
552; E.O. 12600, 52 FR 23781, 3 CFR 1987, p. 235; 52 FR 10012.
Subpart B--Availability of Records of the Farm Credit
Administration
2. Section 602.260 is revised to read as follows:
Sec. 602.260 Request for records.
Requests for records shall be in writing and addressed to the
attention of the Freedom of Information Officer, Farm Credit
Administration, 1501 Farm Credit Drive, McLean, Virginia 22102-5090. A
request improperly addressed will be deemed not to have been received
for purposes of the 20-day time period set forth in Sec. 602.261(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
Agency 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 a public reference facility in the offices of the Farm
Credit Administration, 1501 Farm Credit Drive, McLean, Virginia 22102-
5090.
3. Section 602.261 is amended by revising paragraphs (a) and (d)
and adding paragraph (e) to read as follows:
Sec. 602.261 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
Director, Office of Resources Management, provided that the total of
all extensions does 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 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
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
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 Agency 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: July 25, 1997.
Floyd Fithian,
Secretary, Farm Credit Administration Board.
[FR Doc. 97-20370 Filed 7-31-97; 8:45 am]
BILLING CODE 6705-01-P
