Federal Register / Vol. 62, No. 245 / Monday, December 22, 1997 / Rules and Regulations 66815

copy of the Secretary’s notification must

be submitted with the appeal.

(iv) Where the Secretary of Labor

refers a person’s complaint to the

Special Counsel under 38 U.S.C. 4322(a)

and the person receives notification that

the Special Counsel declines to

represent the person in an appeal to the

Board, he or she may subsequently file

an appeal with the Board within 30 days

after the date of receipt of the Special

Counsel’s notification or within 180

days after the alleged act or incidence of

non-compliance, whichever is later. A

copy of the Special Counsel’s

notification must be submitted with the

appeal.

(v) Where the Secretary of Labor refers

a person’s complaint to the Special

Counsel under 38 U.S.C. 4322(a) and the

Special Counsel agrees to represent the

person in an appeal to the Board, the

Special Counsel may file an appeal with

the Board at any time thereafter.

* * * * *

5. Section 1201.31 is amended by

adding a new paragraph (d) to read as

follows:

§ 1201.31 Representatives.

* * * * *

(e) The Special Counsel may represent

a person in an appeal alleging noncompliance with the provisions of

chapter 43 of title 38 of the United

States Code relating to the employment

or reemployment rights or benefits to

which a person is entitled after service

in the uniformed services (see paragraph

(a)(22) of § 1201.3 of this part and 38

U.S.C. 4324). In such an appeal, a copy

of any written request by the person to

the Secretary of Labor that the matter be

referred to the Special Counsel for

litigation before the Board will be

accepted as the written designation of

representative required by paragraph (a)

of this section.

6. Section 1201.121 is amended by

adding a new paragraph (c) to read as

follows:

§ 1201.121 Scope of jurisdiction;

application of subparts B, F, and H.

* * * * *

(c) The provisions of this subpart do

not apply to appeals alleging noncompliance with the provisions of

chapter 43 of title 38 of the United

States Code relating to the employment

or reemployment rights or benefits to

which a person is entitled after service

in the uniformed services, in which the

Special Counsel appears as the

designated representative of the

appellant. Such appeals are governed by

subpart B of this part.

§ 1201.131 [Amended]

7. Section 1201.131 is amended at

paragraph (a) by adding after ‘‘Special

Counsel’’ the phrase, ‘‘under this

subpart’’.

Dated: December 17, 1997.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 97–33353 Filed 12–19–97; 8:45 am]

BILLING CODE 7400–01–U

DEFENSE NUCLEAR FACILITIES

SAFETY BOARD

10 CFR Part 1703

Rules Implementing the Freedom of

Information Act

AGENCY: Defense Nuclear Facilities

Safety Board.

ACTION: Final rule.

SUMMARY: The Defense Nuclear

Facilities Safety Board (Board) is

amending its Freedom of Information

Act (FOIA) rules to provide for

expedited processing of certain requests,

to conform response deadlines with

those now provided in the statute, and

to add a category of documents to be

made available in the Public Reading

Room. These changes result from new

statutory provisions in the Electronic

Freedom of Information Act

Amendments of 1996, Pub. L. 104–231.

A minor change is also made in the

Board’s fee provision.

EFFECTIVE DATE: January 21, 1998.

FOR FURTHER INFORMATION CONTACT:

Robert M. Andersen, General Counsel,

Defense Nuclear Facilities Safety Board,

625 Indiana Ave. NW, Suite 700,

Washington, D.C. 20004, (202) 208–

6387.

SUPPLEMENTARY INFORMATION: On

October 21, 1997, the Board published

proposed changes to its Freedom of

Information Act rule (62 FR 54594) in

response to the Electronic Freedom of

Information Act Amendments of 1996,

Pub. L. 104–231. One additional change

was proposed to the Board’s FOIA fee

provision. No public comments were

received on the proposed changes.

Therefore, the amendments are being

made final without change.

Executive Order No. 12866

These amendments do not meet the

criteria for a significant regulatory

action under Executive Order 12866.

Thus, they were not subject to Office of

Management and Budget review.

Regulatory Flexibility Act

These amendments will not have a

significant economic impact on a

substantial number of small entities

since these rules affect only individuals.

Therefore, a regulatory flexibility

analysis as provided in the Regulatory

Flexibility Act, as amended, is not

required.

Paperwork Reduction Act

These regulations will impose no

additional reporting and recordkeeping

requirements subject to Office of

Management and Budget clearance.

List of Subjects in 10 CFR Part 1703

Freedom of information.

For the reasons stated in the

preamble, the Board amends 10 CFR

part 1703 as follows:

PART 1703—PUBLIC INFORMATION

AND REQUESTS

1. The authority citation for part 1703

continues to read as follows:

Authority: 5 U.S.C. 552 as amended; 42

U.S.C. 2286b(c).

2. Section 1703.103 is amended by

adding paragraph (b)(12) to read as

follows:

§ 1703.103 Requests for Board records

available through the public reading room.

* * * * *

(b) * * *

(12) Copies of records released

pursuant to FOIA requests, along with

an index to these records. The format

will generally be the same as the format

of the released records.

3. Section 1703.105 is amended by

adding a new paragraph (e) to read as

follows:

§ 1703.105 Requests for Board records not

available through the public reading room

(FOIA requests).

* * * * *

(e)(1) Expedited processing. A person

may request expedited processing of an

FOIA request when a compelling need

for the requested records has been

shown. ‘‘Compelling need’’ means:

(i) Circumstances in which the lack of

expedited treatment could reasonably be

expected to pose an imminent threat to

the life or physical safety of an

individual;

(ii) An urgency to inform the public

about an actual or alleged Federal

Government activity, if the request is

made by a person primarily engaged in

disseminating information; or

(iii) The records pertain to an

immediate source of risk to the public

health and safety or worker safety at a

defense nuclear facility under the

Board’s jurisdiction.

(2) A requester seeking expedited

processing should so indicate in the
66816 Federal Register / Vol. 62, No. 245 / Monday, December 22, 1997 / Rules and Regulations

initial request, and should state all facts

supporting the need to obtain the

requested records rapidly. The requester

must also state that these facts are true

and correct to the best of the requester’s

knowledge and belief.

(3) When a request for expedited

processing is received, the Board will

respond within ten calendar days from

the date of receipt of the request, stating

whether or not the request has been

granted. If the request for expedited

processing is denied, any appeal of that

decision will be acted upon

expeditiously.

4. Section 1703.107(b)(2)(iv) is

removed and reserved.

5. Section 1703.108(b) is revised to

read as follows:

§ 1703.108 Processing of FOIA requests.

* * * * *

(b) Action pursuant to this section to

provide access to requested records

shall be taken within twenty working

days. This time period may be extended

up to ten additional working days, in

unusual circumstances, by written

notice to the requester. If the Board will

be unable to satisfy the request in this

additional period of time, the requester

will be so notified and given the

opportunity to—

(1) Limit the scope of the request so

that it can be processed within the time

limit, or

(2) Arrange with the Designated FOIA

Officer an alternative time frame for

processing the original request or a

modified request.

* * * * *

Dated: December 15, 1997.

John T. Conway,

Chairman.

[FR Doc. 97–33298 Filed 12–19–97; 8:45 am]

BILLING CODE 3670–01–M

FARM CREDIT ADMINISTRATION

12 CFR Part 614

RIN 3052–AB81

Loan Policies and Operations; Interest

Rates and Charges

AGENCY: Farm Credit Administration.

ACTION: Direct final rule with

opportunity for comment.

SUMMARY: The Farm Credit

Administration (FCA), through the FCA

Board (Board), issues a direct final rule

amending its regulations concerning

interest rates and charges. This action is

consistent with the FCA’s continuing

efforts to reduce regulatory burden and

unnecessary prior approval

requirements whenever possible. The

amendments eliminate the prior

approval requirement for changes in

interest rate policies at banks for

cooperatives (BCs), eliminate

unnecessary or duplicative regulatory

requirements, clarify existing

requirements that are retained.

The effect of the amendments is to

enable BCs to revise rate policies for

discounting negotiable paper without

prior FCA approval, to eliminate the

requirement that fees charged by an

association are subject to bank approval,

and to clarify that, in all Farm Credit

System (FCS or System) banks and

direct lender institutions, the board of

directors is responsible for setting

interest rates and annually reviewing

interest rate plans in conjunction with

the review and approval of the

institution’s annual business plan.

DATES: If no significant adverse

comment is received on or before

January 21, 1998, these regulations shall

be effective upon the expiration of 30

days after publication in the Federal

Register during which either or both

Houses of Congress are in session.

Notice of the effective date will be

published in the Federal Register. If

significant adverse comment is received,

the FCA will publish a notice of

withdrawal of the regulations and

indicate how the Agency expects to

proceed with further rulemaking.

ADDRESSES: Comments may be

submitted via electronic mail to ‘‘regcomm@fca.gov’’ or facsimile

transmission to (703) 734–5784.

Comments also may be mailed or

delivered to Patricia W. DiMuzio,

Director, Regulation Development

Division, Office of Policy Development

and Risk Control, Farm Credit

Administration, 1501 Farm Credit Drive,

McLean, Virginia 22102–5090. Copies of

all communications received will be

available for review by interested parties

in the Office of Policy Development and

Risk Control, Farm Credit

Administration.

FOR FURTHER INFORMATION CONTACT:

Linda C. Sherman, Policy Analyst,

Regulation Development Division,

Office of Policy Development and Risk

Control, (703) 883–4498, TDD (703)

883–4444; or Rebecca S. Orlich, Senior

Attorney, Regulatory Enforcement

Division, Office of General Counsel,

(703) 883–4020, TDD (703) 883–4444.

SUPPLEMENTARY INFORMATION:

I. Background

The regulations in 12 CFR part 614—

subpart G pertain to interest rates and

charges by FCS institutions. Most of the

regulations in subpart G were originally

promulgated by the FCA in 1972

following Congress’ modernization and

consolidation of existing farm credit law

in the Farm Credit Act of 1971. The

structure of the System has changed

considerably in the past 25 years, and

the regulatory relationship between FCS

institutions and the FCA has become an

arm’s-length relationship. The

amendments set forth below reflect

those changes, as well as the FCA’s

current regulatory philosophy of

removing prior approval requirements

not mandated by the current Farm

Credit Act of 1971, as amended (Act),

and unnecessary to the safe and sound

operation of an institution. The FCA

will continue to hold FCS institution

boards and management accountable for

their internal operations through the

examination process. Likewise,

regulatory language that merely restates

statutory provisions is eliminated.

Five sections in 12 CFR part 614—

subpart G are eliminated, and the two

remaining sections are renumbered and

moved to 12 CFR part 614—subpart D.

Because the changes conform existing

regulations to the statute and make only

minor changes to the regulatory

language, the FCA believes the rule to

be noncontroversial and anticipates no

significant adverse comment from the

public.

II. Description of Amendments

1. Section 614.4270—Policy

The provisions in this section are

nearly identical to provisions in

sections 1.8(b), 2.4(c), and 3.10(a) of the

Act and are therefore removed, as they

are duplicative and unnecessary.

2. Section 614.4280—Interest Rates

The FCA is amending existing

§ 614.4280, which concerns interest rate

plans and policy, to make it applicable

to direct lender associations as well as

to banks. This change will clarify that

the board of directors of every System

direct lender is responsible for

establishing interest rates or interest rate

plans. This change is consistent with

the underwriting regulation adopted

earlier this year, § 614.4150, which

requires the boards of directors of both

banks and associations to adopt written

policies and procedures that, at a

minimum, prescribe prudent loan

pricing practices.

Although no other substantive

changes are made to existing § 614.4280,

the FCA makes two technical changes to

the final sentence. The first clause,

which states that the board ‘‘may not

delegate its ultimate responsibilities for

setting interest rates,’’ is deleted as

unnecessary. Because the boards of