34 Federal Register / Vol. 63, No. 1 / Friday, January 2, 1998 / Proposed Rules

available by law to a private party in

litigation with the FDIC;

(6) Personnel, medical, and similar

files (including financial files) the

disclosure of which would constitute a

clearly unwarranted invasion of

personal privacy;

(7) Records compiled for law

enforcement purposes, but only to the

extent that the production of such law

enforcement records:

(i) Could reasonably be expected to

interfere with enforcement proceedings;

(ii) Would deprive a person of a right

to a fair trial or an impartial

adjudication;

(iii) Could reasonably be expected to

constitute an unwarranted invasion of

personal privacy;

(iv) 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 which furnished

records on a confidential basis;

(v) 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

(vi) Could reasonably be expected to

endanger the life or physical safety of

any individual;

(8) Records that are contained in or

related to examination, operating, or

condition reports prepared by, on behalf

of, or for the use of the FDIC or any

agency responsible for the regulation or

supervision of financial institutions; or

(9) Geological and geophysical

information and data, including maps,

concerning wells.

(h) Appeals. (1) Appeals should be

addressed to the Office of the Executive

Secretary, FDIC, 550 17th Street, NW,

Washington, DC 20429.

(2) A person whose initial request for

records under this section, or whose

request for a waiver of fees under

paragraph (f)(1)(x) of this section, has

been denied, either in part or in whole,

has the right to appeal the denial to the

FDIC’s General Counsel (or designee)

within 30 business days after receipt of

notification of the denial. Appeals of

denials of initial requests or for a waiver

of fees must be in writing and include

any additional information relevant to

consideration of the appeal.

(3) Except in the case of an appeal for

expedited treatment under paragraph

(d)(3) of this section, the FDIC will

notify the appellant in writing within 20

business days after receipt of the appeal

and will state:

(i) Whether it is granted or denied in

whole or in part;

(ii) The name and title of each person

responsible for the denial (if other than

the person signing the notification);

(iii) The exemptions relied upon for

the denial in the case of initial requests

for records; and

(iv) The right to judicial review of the

denial under the FOIA.

(4) If a requester is appealing for

denial of expedited treatment, the FDIC

will notify the appellant within 10

business days after receipt of the appeal

of the FDIC’s disposition.

(i) Records of another agency. If a

requested record is the property of

another federal agency or department,

and that agency or department, either in

writing or by regulation, expressly

retains ownership of such record, upon

receipt of a request for the record the

FDIC will promptly inform the requester

of this ownership and immediately shall

forward the request to the proprietary

agency or department either for

processing in accordance with the

latter’s regulations or for guidance with

respect to disposition.

By Order of the Board of Directors.

Dated at Washington, D.C., this 9th day of

December 1997.

Federal Deposit Insurance Corporation.

Robert E. Feldman,

Executive Secretary.

[FR Doc. 97–34037 Filed 12–31–97; 8:45 am]

BILLING CODE 6714–01–P

RAILROAD RETIREMENT BOARD

20 CFR Part 200

RIN: 3220–AB33

General Administration

AGENCY: Railroad Retirement Board.

ACTION: Proposed rule.

SUMMARY: The Railroad Retirement

Board (Board) proposes to revise its

regulations to eliminate the list of Board

forms and their descriptions found

therein. The Board also proposes to

remove the tables which cross-reference

Board forms to OMB information

collection control numbers and sections

in the Code of Federal Regulations. The

purpose of these proposed revisions is

to eliminate either out-of-date

information or information already

provided elsewhere in a more usable

fashion.

EFFECTIVE DATE: Comments must be

received by March 3, 1998.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 Rush

Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Thomas W. Sadler, Senior Attorney,

Railroad Retirement Board, 844 Rush

Street, Chicago, Illinois 60611, (312)

751–4513, TDD (312) 754–4701.

SUPPLEMENTARY INFORMATION: Section

200.3 of the Board’s regulations

currently purports to list all Board

forms. This listing is not required by

any authority currently in effect and is

out-of-date.

Section 200.3 also contains a table

which lists Board forms, their OMB

information control numbers, and where

the information collection is found in

the text of the Code of Federal

Regulations. Such tables are not

required since the Board lists the OMB

control number on its forms and in the

text of any regulation requiring

information collection. See 5 CFR

1320.3(f).

The revised regulation will provide

that Board forms may be obtained from

Board headquarters or from local Board

offices.

The Board, with the agreement of the

Office of Management and Budget, has

determined that this is not a significant

regulatory action under Executive Order

12866; therefore, no regulatory impact

analysis is required. There are no

information collections associated with

this rule.

List of Subjects in 20 CFR Part 200

Railroad employees, Railroad

retirement.

For the reasons set out in the

preamble, Part 200, Title 20, Chapter II,

of the Code of Federal Regulations is

proposed to be amended as follows:

PART 200—GENERAL

ADMINISTRATION

1. The authority citation for part 200

continues to read as follows:

Authority: 45 U.S.C. 231f(b)(5) and 45 U.S.C.

362; § 200.4 also issued under 5 U.S.C. 552;

§ 200.5 also issued under 5 U.S.C. 552a;

§ 200.6 also issued under 5 U.S.C. 552b;

§ 200.7 also issued under 31 U.S.C. 3717.

2. Section 200.3, ‘‘Designation of

forms and display of assigned OMB

control numbers,’’ is revised to read as

follows: § 200.3 Obtaining forms from

the Railroad Retirement Board.

Forms used by the Board, including

applications for benefits and

informational publications, may be

obtained from the Board’s headquarters

at 844 Rush Street, Chicago, Illinois

60611, and from local Board offices.

Dated: December 19, 1997.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 97–34186 Filed 12–31–97; 8:45 am]

BILLING CODE 7905–01–P