Releasing Information

Federal RegisterMar 8, 1999

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FARM CREDIT ADMINISTRATION

12 CFR Part 602

RIN 3052-AB84

Releasing Information

AGENCY: Farm Credit Administration (FCA).

ACTION: Proposed rule.

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SUMMARY: This proposed rule would amend FCA regulations concerning the

release of information under the Freedom of Information Act (FOIA) to:

Reflect revised fees and make it easier for the public to

obtain FCA records;

Revise the procedures for requests for testimony by FCA

employees on official matters and for the production of FCA documents

in litigation when FCA is not a named party; and

Add procedures for requesting records in public rulemaking

files.

The proposed regulation is more concise and easier to understand.

DATES: Please submit comments on or before April 7, 1999.

ADDRESSES: You may send us your comments via E-mail to ``reg-

[email protected]'' through the Pending Regulations section of our

interactive website at ``www.fca.gov.'' You may also mail or deliver

your comments to Patricia W. DiMuzio, Director, Regulation and Policy

Division, Office of Policy and Analysis, Farm Credit Administration,

1501 Farm Credit Drive, McLean, Virginia 22102-5090, or send them by

facsimile transmission to FAX number (703) 734-5784. You may review

copies of all comments we receive in the Office of Policy and Analysis,

Farm Credit Administration.

FOR FURTHER INFORMATION CONTACT:

John Hays, Policy Analyst, Office of Policy and Analysis, Farm Credit

Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, (703)

883-4498, TDD (703) 883-4444,

Jane Virga, Senior Attorney, Office of General Counsel, Farm Credit

Administration, 1501 Farm Credit Drive, McLean, VA 22102-5090, (703)

883-4020, TDD (703) 883-4444.

SUPPLEMENTARY INFORMATION: In addition to streamlining the regulation,

we propose to add the following new provisions:

1. Sec. 602.2(b) expresses the FCA policy that permits a Farm

Credit System institution to disclose its report of examination to its

officers, directors, and agents, such as attorneys and accountants, if

they agree to keep the report confidential.

2. Sec. 602.2(d) outlines when FCA may release documents to

governmental entities without waiving any exemption.

3. Sec. 602.3 includes definitions of common FOIA terms. They are

recited as an aid to the public and are not intended to affect any

individual's rights under the FOIA.

4. Sec. 602.4(a) provides addresses for forwarding requests by

mail, facsimile, and E-mail.

5. Sec. 602.4(f) provides that the Office of Congressional and

Public Affairs will make available copies of public documents.

6. Sec. 602.5(c) explains when FCA will refer a document request to

another Federal agency.

7. Sec. 602.8(a) provides that the time for an appeal begins to run

from the date of the FCA letter granting or denying the request and not

from the date the requester receives it. This change ensures clarity in

determining the appeal period. It also provides addresses for

forwarding appeals by mail, facsimile, and E-mail.

8. Sec. 602.12(b) establishes that FCA will automatically waive

FOIA fees when assessable fees are less than $15.00. Current

Sec. 602.268(b) does not establish a threshold level. This change

ensures uniform treatment of minimal FOIA fees.

9. Sec. 602.20(c) adds that FCA counsel may represent FCA's

interests at a deposition.

10. Sec. 602.22 (currently Sec. 602.287) makes the fee structure

for obtaining privileged documents in litigation when the FCA is not a

party the same as those assessed under the FOIA.

11. Sec. 602.25 addresses public rulemaking files. It explains how

to obtain documents in public rulemaking files and what FCA will charge

for reproduction costs.

12. General. We have changed the language throughout the regulation

to reflect that: (1) FCA examines entities other than Farm Credit

System institutions; (2) privileges apply to all FCA reports of

examination; and (3) computer records and other nonpaper records are

FCA records.

Finally, we propose to delete the following sections from the

current regulation:

1. Sec. 602.205, which distinguished between the consent required

for the disclosure of regular and special FCA reports of examination.

Proposed Sec. 602.2 eliminates this distinction.

2. Sec. 602.215, which addresses the confidentiality of borrower

and applicant data and prohibits FCA employees from releasing it. This

section addresses internal FCA procedures and is redundant with

portions of Sec. 618.8320 of this chapter. Despite this deletion, we

will continue to prohibit FCA employees from disclosing confidential

information.

3. Sec. 602.250(a)(8) discusses exemption (b)(8) of the FOIA and

certain reports filed with FCA. The portion that we propose to delete

provides that, notwithstanding the application of exemption (b)(8) of

the FOIA, reports to shareholders and items in reports of condition and

performance filed with FCA that are essentially the same as those

disclosed to shareholders are available to the public on request for a

reasonable fee. We deleted this discussion because it merely

illustrates how FCA typically applies, and makes an exception to,

exemption (b)(8) of the FOIA. Despite this deletion, we will continue

to release such information upon request in appropriate circumstances.

List of Subjects in 12 CFR Part 602

Administrative practice and procedure, 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 proposed to be revised

to read as follows:

PART 602--RELEASING INFORMATION

Subpart A--Information and Records Generally

Sec.

602.1 Purpose and scope.

602.2 Disclosing reports of examination.

[[Page 10955]]

Subpart B--Procedures for the Disclosure of Records Under the FOIA

602.3 Definitions.

602.4 Requirements for making a request.

602.5 FCA response to requests for records.

602.6 FOIA exemptions.

602.7 Confidential business information.

602.8 Appeals.

602.9 Current index.

Subpart C--FOIA Fees

602.10 Definitions.

602.11 Fees by type of requestor.

602.12 Fees.

602.13 Fee waiver.

602.14 Advance payments--notice.

602.15 Interest on unpaid fees.

602.16 Aggregating requests.

Subpart D--Testimony and Production of Documents in Legal Proceedings

in Which FCA Is Not a Named Party

602.17 Policy.

602.18 Definitions.

602.19 Request for testimony or production of documents.

602.20 Testimony of FCA employees.

602.21 Production of FCA documents.

602.22 Fees.

602.23 Responses to demands served on FCA employees.

602.24 Responses to demands served on non-FCA employees or

entities.

Subpart E--Release of Records in Public Rulemaking Files

602.25 General.

Authority: Secs. 5.9, 5.17; 12 U.S.C. 2243, 2252; 5 U.S.C. 301,

552; 52 FR 10012; E.O. 12600, 52 FR 23781, 3 CFR 1987, p. 235.

Subpart A--Information and Records Generally

Sec. 602.1 Purpose and scope.

This part contains FCA's rules for disclosing FCA records or

information; processing requests for records under the Freedom of

Information Act (5 U.S.C. 552, as amended)(FOIA); FOIA fees; disclosing

otherwise exempt information in litigation when FCA is not a party; and

disclosing documents in public rulemaking files. Consult part 603 of

this chapter to request records about yourself under the Privacy Act of

1974, 5 U.S.C. 552a.

Sec. 602.2 Disclosing reports of examination.

(a) Generally. Reports of examination are FCA property. They are

prepared for the confidential use of FCA and the institution examined.

FCA does not provide reports of examination to the public. Only the FCA

Chairman or the Chairman's designee may consent to disclosing reports

of examination of Farm Credit System institutions and other

institutions subject to FCA examination.

(b) By Farm Credit System institutions. An institution examined by

FCA may disclose its report of examination to its officers, directors,

and agents, such as its attorney or accountant, if they agree to keep

the report confidential. In addition, banks may disclose their reports

of examination to their affiliated associations, associations may

disclose their reports to their supervisory bank, and service

corporations may disclose their reports of examination to the

institutions that own them. An institution may not disclose these

institutions' reports of examination to any other person without FCA's

written permission.

give permission. You may send a written request to FCA's General

Counsel that explains why we should give permission.

(d) Disclosure to governmental entities. Without waiving any

privilege, we will disclose reports of examination or portions of

reports of examination to other Federal government entities:

(1) In response to a Federal court order;

(2) In response to a request of either House, a Committee or a

Subcommittee of Congress; or

(3) To authorized representatives of other Federal agencies when

requested for confidential use in an official investigation. For any

other use, the FCA Chairman must approve the disclosure.

Subpart B--Procedures for the Disclosure of Records Under the FOIA

Sec. 602.3 Definitions.

(a) Appeal means a request under the FOIA asking for the reversal

of a decision.

(b) Business information means trade secrets or other commercial or

financial information that is privileged or confidential.

business information to the government.

(d) FOIA request means a written request for FCA records, made by

any natural person or entity that either explicitly or implicitly

invokes the FOIA or this part.

(e) Record means all documentary materials, such as books, papers,

maps, photographs, and machine readable materials, regardless of

physical form or characteristics (e.g., electronic form or format) in

FCA's possession and control at the time the FOIA request is made.

Sec. 602.4 Requirements for making a request.

(a) How to make and address a request. Your request for records

must be in writing and addressed to the FOIA Officer, Farm Credit

Administration, as follows:

(1) By mail to 1501 Farm Credit Drive, McLean, Virginia 22102-5090;

(2) By facsimile to (703) 790-0052; or 1. By E-mail to

``[email protected].''

(b) Description of requested records. You must describe the

requested records in enough detail to enable us to locate them with a

reasonable effort. If the description is inadequate, we will ask you to

provide additional information and the 20-day response period under

Sec. 602.5(a) will not begin until we receive your reply.

your FOIA request by providing a statement, certified to be true, that

you have a ``compelling need.''

The FOIA Officer will notify you within 10 calendar days after

receiving the request whether FCA has granted expedited processing. If

so, we will process your request as soon as we can. For the purposes of

this paragraph, ``compelling need'' means:

(1) Your or someone's life or physical safety may be in danger if

processing is not expedited; or

(2) You urgently need to inform the public about actual or alleged

Federal government activity as a representative of the news media.

(d) Request for personal information. If you or your representative

requests your personal information, FCA may require you to submit a

notarized request, identify yourself under penalty of perjury, or

provide other proof of your identity.

(e) Fees. When making a request, you must specify the amount you

are willing to pay. You may also want to state your identity and the

purpose of your request so FCA can categorize your request for fee

purposes.

(f) Other requests. To ensure that the public has timely

information about FCA activities, the Office of Congressional and

Public Affairs will make available copies of public documents, such as

FCA's annual report and media advisories.

Sec. 602.5 FCA response to requests for records.

(a) Response time. The FOIA Officer will tell you within 20

business days of receiving your request whether it was granted or

denied. If your request is addressed incorrectly, the 20-day response

period will not begin until the FOIA Officer actually receives your

request (or would have received it with the exercise of due diligence

by FCA.)

(b) Extension of response time. In ``unusual circumstances,'' the

FOIA

[[Page 10956]]

Officer may extend the 20-day response time for up to 10 more business

days by telling you in writing why an extension is needed and the date

a determination should be mailed. As used in this paragraph, ``unusual

circumstances'' means the need to:

(1) Search for and collect the requested records from field offices

or other separate establishments;

(2) Search for, collect, and review a voluminous amount of records

identified in a single request;

(3) Consult with another Federal agency having a substantial

interest in the request; or

(4) Consult with two or more FCA offices having a substantial

interest in the request.

originated by another Federal agency, we will refer the request to the

originating agency and inform you of the referral. If your request

should have been addressed to another Federal agency, FCA will refer

the request to that agency and so advise you.

Sec. 602.6 FOIA exemptions.

The FOIA exempts from mandatory disclosure records in these

categories:

(a) Exemption 1. Records properly and currently classified in the

interest of national defense or foreign policy, as specifically

authorized under criteria established by an Executive order of the

President;

(b) Exemption 2. Records related solely to internal personnel rules

and FCA practices, including matters that are for the guidance of FCA

personnel;

disclosure by a statute that permits no discretion on the issue;

(d) Exemption 4. Records containing trade secrets and commercial or

financial information obtained from any person or organization that is

privileged or confidential;

(e) Exemption 5. Records containing inter-agency or intra-agency

memorandums or letters that would not be available by law to a party

(other than a Federal agency) in litigation with FCA;

(f) Exemption 6. Personnel and similar files, the disclosure of

which would constitute a clearly unwarranted invasion of personal

privacy;

(g) Exemption 7. Records or information compiled for law

enforcement purposes, but only to the extent that the production of

such law enforcement records or information:

(1) Could reasonably be expected to interfere with enforcement

proceedings;

(2) Would deprive a person of a right to a fair trial or an

impartial adjudication;

(3) Could reasonably be expected to constitute an unwarranted

invasion of personal privacy;

(4) 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 that furnished information on a

confidential basis, and, in the case of a record or information

compiled by a criminal law enforcement authority in the course of a

criminal investigation or by a Federal agency conducting a lawful

national security intelligence investigation, information furnished by

a confidential source;

(5) 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

(6) Could reasonably be expected to endanger the life or physical

safety of any individual;

(h) Exemption 8. Records of or related to examination, operation,

reports of condition and performance, or reports of or related to Farm

Credit System institutions or institutions that are regulated and/or

examined by FCA that are prepared by, on behalf of, or for FCA's use;

and

(i) Exemption 9. Records containing geological and geophysical

information and data (including maps) concerning wells.

Sec. 602.7 Confidential business information.

(a) In general. FCA may disclose business information provided to

FCA by a business submitter only under this section. This section will

not apply if:

(1) FCA determines that the business submitter has no valid basis

to object to disclosure;

(2) The information has been published lawfully or otherwise made

available to the public; or

(3) Law (other than 5 U.S.C. 552) requires disclosure of the

information.

(b) Notification. Upon receipt of a request for confidential

business information, the FOIA Officer will promptly notify the

requester and the business submitter in writing that the responsive

records may be exempt from disclosure under 5 U.S.C. 552(b)(4). FCA

will give the business submitter a reasonable time to object to the

proposed disclosure of the responsive records and so inform the

requester whenever:

(1) The business submitter has in good faith designated the

information as a trade secret or commercial or financial information

that is privileged or confidential. FCA will provide such notice for 10

years after receiving the information unless the business submitter

justifies the need for a longer period; or

(2) FCA believes that disclosing the information may result in

commercial or financial injury to the business submitter.

releasing the requested information should tell FCA in writing why the

information is a trade secret or commercial or financial information

that is privileged or confidential.

(d) FCA response. (1) We will consider carefully a business

submitter's objections. If we decide to disclose business information

over the submitter's objection, the FOIA Officer in writing will

explain to the submitter why we disagreed with the submitter's

objection and describe the business information to be disclosed.

(2) We will notify the requester and the submitter at the same time

of the proposed disclosure date.

(3) If a submitter sues to prevent release, we will promptly notify

the requester and not disclose the business information until after the

court's decision.

(4) If a requester sues to compel disclosure, we will promptly

notify the business submitter.

Sec. 602.8 Appeals.

(a) How to appeal. You may appeal a total or partial denial of your

FOIA request within 30 calendar days of the date of the denial letter.

Your appeal must be in writing and addressed to the Director, Office of

Resources Management (ORM), Farm Credit Administration, as follows:

(1) By mail to 1501 Farm Credit Drive, McLean, Virginia 22102-5090;

(2) By facsimile to (703) 893-2608; or

(3) By E-mail to [email protected].

(b) FCA action on appeal. The ORM Director will act upon an appeal

within 20 business days of receiving the appeal and will inform you of

the determination in writing. If your appeal is improperly addressed,

the 20-day time period will not begin until the appeal is received or

would have been received with the exercise of due diligence in the

Office of the Director, ORM.

in Sec. 602.5(b), the ORM Director may extend the 20-day response time

by telling you in writing why an extension is needed and the date a

determination

[[Page 10957]]

should be mailed. The total of all extensions, including any extension

of the response time for the initial request, may not exceed 10

business days.

Sec. 602.9 Current index.

FCA will make available for public inspection and copying a current

index as required by 5 U.S.C. 552(a)(2)(C). Publication of the index in

the Federal Register is unnecessary and impractical because we rarely

receive requests for indexed material. However, we will provide a copy

of the index upon request at a cost not to exceed the actual

duplication cost.

Subpart C--FOIA Fees

Sec. 602.10 Definitions.

(a) Commercial use request means a request for information on

behalf of an individual or entity seeking information for a use or

purpose that furthers the commercial, trade, or profit interests of

that individual or entity.

(b) Direct costs means the costs FCA incurs in searching for and

reproducing documents to respond to a FOIA request. For a commercial

use request, it also means the costs we incur in reviewing documents to

respond to the request. Direct costs include the salary of the

employees 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. They do not include overhead expenses.

elementary or secondary school, an institution of undergraduate or

graduate higher education, an institution of professional education, or

an institution of vocational education that operates a program of

scholarly research.

(d) Noncommercial scientific institution means an institution

operated solely to conduct scientific research that is not intended to

promote any particular product or industry and not for a commercial,

trade, or profit basis.

(e) Pages refers to paper copies sized 8\1/2\ x 11 inches or 11 x

14 inches.

(f) 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. ``News'' means information that is

about current events or that would be of current interest to the

public.

(g) Reproduce and reproduction means making a copy of a record to

respond to a FOIA request by paper copy, microfilm, audiovisual

materials, or machine readable documentation, magnetic tape, or disk.

(h) Review means the process of examining documents located in

response to a FOIA request to determine whether any portion should be

withheld. It does not include the time spent resolving legal or policy

issues.

(i) Search means all time spent looking for material responsive to

a FOIA request, including page-by-page or line-by-line identification

of material within documents.

Sec. 602.11 Fees by type of requestor.

Depending on your identity and the purpose of your request, the FCA

may charge you the direct costs of searching for responsive records,

reviewing the records, and reproducing them. If necessary, we will seek

clarification before categorizing the request.

(a) Educational institutions and noncommercial scientific

institutions. FCA charges fees for reproduction costs only. The first

100 pages are free. You must show that the request is authorized by an

educational or noncommercial scientific institution and that the

records are sought to further scholarly or scientific research and are

not for a commercial use.

(b) Representatives of the news media. FCA charges fees for

reproduction costs only. The first 100 pages are free. You must be a

representative of the news media, and the request must not be made for

a commercial use. A request for records supporting news dissemination

is not a request for a commercial use.

and reproduction. Commercial use requesters are not entitled to free

search time or free reproduction. You will be charged even if no

records are disclosed.

(d) All others. The first 2 hours of search time and the first 100

pages of reproduction are free. Thereafter, FCA will charge you search

and reproduction costs. You will be charged for a search even if no

records are disclosed.

Sec. 602.12 Fees.

(a) FCA may charge:

(1) For manual searches for records and for review, the salary rate

(i.e., basic pay plus 16 percent) of the employees.

(2) For computer searches for records, the direct costs of computer

search time including the cost of special supplies or materials.

(3) For each page made by photocopy or similar process, fifteen

cents per page and for other copy forms, the direct costs.

(4) The direct costs of elective services, such as certifying

records as true copies or sending records by special methods.

(b) We will not charge fees when total assessed fees are less than

$15.00.

States bank, or postal money order made payable to the Treasury of the

United States.

(d) A request about yourself is treated under Privacy Act fee

provisions.

Sec. 602.13 Fee waiver.

FCA may waive or reduce fees if we determine that disclosure is in

the public interest because it will advance public understanding of the

government's operations or activities, and it is not primarily in your

commercial interest.

Sec. 602.14 Advance payments--notice.

(a) If fees will be more than $25.00 and you have not indicated in

advance that you will pay estimated fees, FCA will notify you of the

amount of estimated fees and ask that you agree to pay them. Except as

noted in this section, we will begin processing the FOIA request upon

receiving your agreement to pay.

(b) If estimated fees exceed $250.00 and you have a history of

promptly paying fees charged for information requests, we may process

your request based on your agreement to pay the estimated fees.

paying fees charged for information requests, FCA may require you to

pay the estimated fees in advance.

(d) If you have previously failed to pay fees for information

requests or paid them late, you must pay any fees still owed, plus

interest, and the estimated fees before we will process a new or a

pending request.

(e) If we require advance payment or your agreement in advance to

pay fees, we will not consider the request to be received and will not

process it until you meet the requirement.

Sec. 602.15 Interest on unpaid fees.

If you have failed to pay fees on time, FCA may charge you interest

starting on the 31st calendar day following the date we bill you.

Interest will accrue at the rate prescribed in section 3717 of title

31, United States Code, starting on the day the bill was sent.

Sec. 602.16 Aggregating requests.

You may not file multiple requests at the same time solely to avoid

paying fees. When FCA reasonably believes that you, or a group acting

together, is attempting to break a request down into a series of

requests to avoid fees, we will

[[Page 10958]]

aggregate the requests and charge accordingly. We will assume that

multiple requests of this type made within a 30-day period have been

made to avoid fees. Where requests are separated by a longer period, we

will aggregate the requests only when we determine there is a basis for

aggregation.

Subpart D--Testimony and Production of Documents in Legal

Proceedings in Which FCA Is Not a Named Party

Sec. 602.17 Policy.

(a) The rules in this subpart maintain the confidentiality of FCA's

documents and information, conserve FCA employees' time for official

duties, maintain FCA's impartiality in litigation, and authorize the

FCA Chairman to determine when to permit testimony and to produce

documents. This subpart does not affect access to documents under the

FOIA or the Privacy Act. See subpart B of this part and part 603 of

this chapter.

(b) Generally, FCA will not voluntarily produce documents and FCA

employees will not appear voluntarily as witnesses in any legal

proceeding. However, in limited circumstances, the FCA Chairman may

permit the production of documents or testimony when the Chairman

determines it would be in the best interest of FCA or the public. The

Chairman may delegate this authority. All privileged documents made

available under this subpart remain FCA property. Any employee in

possession of information or privileged documents may disclose them

only as authorized by the Chairman.

Sec. 602.18 Definitions.

(a) Court means any entity conducting a legal proceeding.

(b) Demand means any order, subpoena, or other legal process for

testimony or documents.

reviewing, and reproducing documents to respond to a request. Direct

costs include the salary of employees 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.

(d) Document means any record or other documentary materials, such

as books, papers, maps, photographs, and machine readable materials,

regardless of physical form or characteristics (e.g., electronic form

or format) in FCA's possession and control at the time of the request.

(e) Employee means any FCA employee or former employee, any FCA

Board member or former Board member, any former Federal Farm Credit

Board member, any present or former FCA-appointed receiver or

conservator, or any agent or independent contractor presently or

formerly acting on behalf of FCA even if the appointment or contract

has terminated.

(f) FCA Counsel means the General Counsel, a Department of Justice

attorney, or counsel authorized by FCA to act on behalf of FCA or an

employee.

(g) General Counsel means the General Counsel of FCA or the General

Counsel's designee.

(h) Legal proceeding means any administrative, civil, or criminal

proceeding, including a discovery proceeding, before a court when FCA

is not a named party or when FCA has not instituted the legal

proceeding.

Sec. 602.19 Request for testimony or production of documents.

How to make and address a request. Your request for an FCA

employee's testimony about official matters or the production of FCA

documents must be in writing and addressed to the FCA General Counsel,

1501 Farm Credit Drive, McLean, Virginia 22102-5090.

(a) Your request must contain the following:

(1) Title of the case;

(2) Forum;

(3) Your interest in the case;

(4) Summary of the litigation issues;

(5) Reasons for the request;

(6) Why the confidential information is important; and

(7) An explanation of why the desired testimony or document is not

reasonably available from another source. If testimony is requested,

you must also state how you intend to use the testimony, provide a

summary of the testimony requested, and explain why a document could

not be used instead of testimony.

(b) The General Counsel may ask you to consider limiting your

request to make it less burdensome or to provide information necessary

to determine if providing documents or testimony would be in the public

interest.

Sec. 602.20 Testimony of FCA employees.

(a) An FCA employee may testify only as permitted by the FCA

Chairman's written authorization. Generally, an employee may testify

only by deposition or written interrogatory. An employee may give only

factual testimony and may not give opinion testimony.

(b) If, in response to your request, the Chairman determines that

an employee may testify, you must serve the employee with a subpoena

under applicable Federal or State rules of procedure and simultaneously

send a copy of the subpoena by registered mail to the General Counsel.

at a time convenient to the employee and the office. FCA counsel may

represent FCA's interests at the deposition.

(d) If you request the deposition, you must provide the General

Counsel a copy of the deposition transcript at no charge.

Sec. 602.21 Production of FCA documents.

(a) An FCA employee may produce FCA documents only as permitted by

the FCA Chairman.

(b) Before FCA will release any documents, the requesting party

must obtain an acceptable protective order from the court before which

the action is pending that will preserve the confidentiality of the

documents to be released.

of FCA documents.

Sec. 602.22 Fees.

(a) For documents released under this subpart, FCA will charge:

(1) The direct costs of searching for responsive records, including

the use of a computer, reviewing the records, and reproducing them. We

will charge for the direct cost of other services and materials not

identified in this section.

(2) Fifteen cents per copy for each page made by photocopy or

similar process.

(3) The direct costs for each certification or authentication of

documents.

(b) You must pay by personal check, bank draft drawn on a United

States bank, or postal money order made payable to FCA. We will waive

fees of $15.00 or less. We will forward the documents after we receive

your payment.

Sec. 602.23 Responses to demands served on FCA employees.

(a) An FCA employee served with a demand or a subpoena in a legal

proceeding must immediately notify the General Counsel of such service,

of the desired testimony or documents, and of all relevant facts.

(b) When the FCA Chairman does not permit testimony or production

of documents, FCA counsel will provide the regulations in this subpart

to the party or court issuing the demand and explain that the employee

may not testify or produce documents without the Chairman's prior

approval.

[[Page 10959]]

demand regardless of the Chairman's instructions not to do so, the

employee must respectfully refuse to comply.

(d) FCA's determination under this subpart to comply or not to

comply with any demand will not be a waiver or an assertion of

privilege, or an objection based on relevance, technical deficiency, or

any other ground. We may oppose any demand on any legal ground.

Sec. 602.24 Responses to demands served on non-FCA employees or

entities.

If you are not an FCA employee as defined in Sec. 602.18(e) and are

served with a demand or a subpoena in a legal proceeding directing you

to produce or testify about an FCA report of examination, other

document generated or adopted by FCA, or any related document, you must

object and immediately notify the General Counsel of such service, the

testimony and documents described in the demand, and all relevant

facts. You must also object to the production of the documents on the

basis that the documents are FCA's property and cannot be released

without FCA's consent. You should inform the requester that the

production of documents or testimony must follow the procedures in this

part.

Subpart E--Release of Records in Public Rulemaking Files

Sec. 602.25 General.

FCA compiles a public rulemaking file for each regulation. You may

obtain documents in the public rulemaking file by sending a written

request to the Director, Regulation and Policy Division, Office of

Policy and Analysis, Farm Credit Administration, 1501 Farm Credit

Drive, McLean, Virginia 22102-5090. We will charge fifteen cents per

copy for each page made by photocopy or similar process. If the

requested records are maintained in an electronic format, we will

charge for the actual reproduction costs. We will waive fees of $15.00

or less.

Dated: March 2, 1999.

Vivian L. Portis,

Secretary, Farm Credit Administration Board.

[FR Doc. 99-5550 Filed 3-5-99; 8:45 am]

BILLING CODE 6705-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.