Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations 41253

unable to pay Farm Service Agency

(FSA) from the production and

marketing period in which the disaster

occurred. However, if the installment

due immediately after the disaster was

paid, but other creditors and expenses

were not, the amount set-aside will be

the lesser of the amount the borrower is

unable to pay other creditors and

expenses, rounded up to the nearest

whole installment, or the next

installment due. Expenses which the

borrower is unable to pay may include

the following year’s operating and

family living expenses if the income or

commodities lost from the disaster year

would have been used for these

purposes, or if normal income security

from the disaster year is approved for

release under subpart A of 7 CFR part

1962 or otherwise authorized under

subpart B of 7 CFR part 1924 for these

purposes. Under no circumstances will

a portion of the installment be set-aside

leaving a balance still due. The portion

not set-aside must be paid by the

borrower on or before the date Exhibit

A of FmHA Instruction 1951–T

(available in any FSA office) is signed.

* * * * *

4. Section 1951.957 is amended by

revising paragraph (b)(7) to read as

follows:

§ 1951.957 Eligibility determination and

processing.

* * * * *

(b) * * *

(7) Payments applied to the amount

set-aside will be applied first to interest

and then to principal. If more than one

installment is set-aside on the loan,

payments will be applied to the oldest

installment set-aside until paid in full,

before applying payments to the second

installment set-aside.

* * * * *

Signed at Washington, D.C., on July 22,

1997.

James W. Schroeder,

Acting Under Secretary for Farm and Foreign

Agricultural Services.

[FR Doc. 97–20280 Filed 7–31–97; 8:45 am]

BILLING CODE 3410–05–P

FARM CREDIT ADMINISTRATION

12 CFR Part 602

RIN 3052–AB77

Releasing Information

AGENCY: Farm Credit Administration.

ACTION: Final rule.

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

§ 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.
41254 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations

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:

§ 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 § 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:

§ 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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–25–AD; Amendment

39–10093; AD 97–16–03]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 767 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Boeing Model 767

series airplanes, that requires a one-time

inspection of the main landing gear

(MLG) retaining bolt to ensure that it is

installed correctly, and adjustments or

repairs, if necessary. This amendment is

prompted by a report indicating that a

disconnected retaining bolt was found

in the MLG forward trunnion joint of a

Model 767 series airplane. The actions

specified by this AD are intended to

prevent aft-acting trunnion loads from

being transferred to the MLG beam, and

consequent fracture and collapse of the

MLG; this condition could result in the

loss of control of the airplane on the

ground.

DATES: Effective September 5, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of September

5, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Boeing Commercial Airplane

Group, P.O. Box 3707, Seattle,

Washington 98124–2207. This

information may be examined at the

Federal Aviation Administration (FAA),

ransport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

James G. Rehrl, Aerospace Engineer,

Airframe Branch, ANM–120S, FAA,

Seattle Aircraft Certification Office,

1601 Lind Avenue, SW., Renton,

Washington; telephone (425) 227–2783;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Boeing

Model 767 series airplanes was

published in the Federal Register on

April 1, 1997 (62 FR 15435). That action