66714 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

(b) Fees for grading services will be

based on the time required to perform

the services. The hourly charge shall be

$54.40 and shall include the time

actually required to perform the grading,

waiting time, travel time, and any

clerical costs involved in issuing a

certificate.

(c) Grading services rendered on

Saturdays, Sundays, or legal holidays

shall be charged for at the rate of $62.76

per hour. Information on legal holidays

is available from the Supervisor.

3. In § 56.52, paragraph (a)(4) is

revised to read as follows:

§ 56.52 Continuous grading performed on

resident basis.

* * * * *

(a) * * *

(4) An administrative service charge

based upon the aggregate number of 30-

dozen cases of all shell eggs handled in

the plant per billing period multiplied

by $0.046, except that the minimum

charge per billing period shall be $250

and the maximum charge shall be

$2,650. The minimum charge also

applies where an approved application

is in effect and no product is handled.

PART 70—VOLUNTARY GRADING OF

POULTRY PRODUCTS AND RABBIT

PRODUCTS

4. The authority citation for part 70

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

5. In § 70.71, paragraphs (b) and (c)

are revised to read as follows:

§ 70.71 On a fee basis.

(a) * * *

(b) Fees for grading services will be

based on the time required to perform

such services for class, quality, quantity

(weight test), or condition, whether

ready-to-cook poultry, ready-to-cook

rabbits, or specified poultry food

products are involved. The hourly

charge shall be $54.40 and shall include

the time actually required to perform

the work, waiting time, travel time, and

any clerical costs involved in issuing a

certificate.

(c) Grading services rendered on

Saturdays, Sundays, or legal holidays

shall be charged for at the rate of $62.76

per hour. Information on legal holidays

is available from the Supervisor.

6. In § 70.77, paragraph (a)(4) is

revised to read as follows:

§ 70.77 Charges for continuous poultry or

rabbit grading performed on a resident

basis.

* * * * *

(a) * * *

(4) For poultry grading: An

administrative service charge based

upon the aggregate weight of the total

volume of all live and ready-to-cook

poultry handled in the plant per billing

period computed in accordance with the

following: Total pounds per billing

period multiplied by $0.00036, except

that the minimum charge per billing

period shall be $250 and the maximum

charge shall be $2,650. The minimum

charge also applies where an approved

application is in effect and no product

is handled.

* * * * *

Dated: December 20, 2001.

A. J. Yates,

Administrator, Agricultural Marketing

Service.

[FR Doc. 01–31820 Filed 12–26–01; 8:45 am]

BILLING CODE 3410–02–P

DEFENSE NUCLEAR FACILITIES

SAFETY BOARD

10 CFR Part 1707

Testimony by DNFSB Employees and

Production of Official Records in Legal

Proceedings

AGENCY: Defense Nuclear Facilities

Safety Board (DNFSB).

ACTION: Final rule.

SUMMARY: The Defense Nuclear

Facilities Safety Board (DNFSB) is

implementing procedures governing

testimony by DNFSB employees and the

production of official records in legal

proceedings. This rule sets forth

procedures that requesters must follow

when making demands or requests to a

DNFSB employee to produce official

records or information or to provide

testimony relating to official

information in connection with a legal

proceeding in which the DNFSB is not

a party. This rule establishes procedures

to respond to such demands and

requests in an orderly and consistent

manner. This rule, among other benefits,

promotes uniformity in decisions,

protects confidential information,

provides guidance to requesters, and

reduces the potential for both

inappropriate disclosures of official

information and wasteful allocation of

agency resources.

EFFECTIVE DATE: January 28, 2002.

FOR FURTHER INFORMATION CONTACT:

Richard A. Azzaro, General Counsel,

Defense Nuclear Facilities Safety Board,

625 Indiana Avenue, NW., Suite 700,

Washington, DC 20004–2901, telephone:

202–694–7062; FAX: 202–208–6518.

SUPPLEMENTARY INFORMATION:

Background

On November 14, 2001, DNFSB

published in the Federal Register a

notice of proposed rulemaking

proposing to establish procedures

governing testimony by DNFSB

employees and the production of official

records in legal proceedings to which

DNFSB is not a party (66 FR 57003–

57007). This rule establishes a new part

1707 of our regulations, which sets forth

the DNFSB rules for responding to

requests for information, records, or

testimony in legal proceedings.

The Defense Nuclear Facilities Safety

Board may receive subpoenas and

requests for DNFSB employees to

provide evidence in litigation in which

the DNFSB is not a party. These

subpoenas and requests may also be for

DNFSB records that are not available to

the public under the Freedom of

Information Act. Also, DNFSB could

receive subpoenas or requests for

DNFSB employees to appear as

witnesses in litigation in conjunction

with a request for nonpublic records.

Responding to such demands and

requests could divert DNFSB resources

from their congressionally mandated

functions. This regulation will ensure a

more efficient use of DNFSB resources,

minimize the possibility of involving

DNFSB in issues unrelated to its

responsibilities, promote uniformity in

responding to such requests and

subpoenas, and maintain impartiality of

DNFSB in matters that are in dispute

between other parties. It also serves

DNFSB’s duty to protect sensitive,

confidential, and privileged information

and records.

This rule, issued under the authority

of 5 U.S.C. 301, is similar to rules issued

by numerous Government agencies and

departments. Section 301 of Title 5, the

‘‘housekeeping statute,’’ authorizes the

head of an executive agency to issue

‘‘regulations for the government of his

department, the conduct of its

employees, the distribution and

performance of its business, and the

custody, use, and preservation of its

records, papers, and property.’’ In

United States ex rel. Touhy v. Ragen,

340 U.S. 462 (1951), the Supreme Court

upheld the authority of Federal agencies

to establish procedures pursuant to

section 301 similar to those established

here. Federal courts have consistently

held that a person seeking testimony or

records from an agency must comply

with the agency’s ‘‘Touhy regulation’’

before seeking judicial enforcement of a

subpoena. In addition, under section

2286b of the enabling statute of the

Defense Nuclear Facilities Safety Board,

42 U.S.C. 2286 et seq., the DNFSB has

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66715

authority to promulgate regulations

necessary to the efficient administration

of the DNFSB functions.

In the notice of proposed rulemaking

published in the Federal Register on

November 14, 2001, the DNFSB

requested comments by December 14,

2001. DNFSB received no comments on

the proposed rule.

Explanation of Final Rule

This rule establishes DNFSB policies

and procedures applicable to requests

for official agency information, records,

or testimony in legal proceedings.

Scope

This rule will prohibit disclosure of

nonpublic official records or testimony

by DNFSB employees unless

authorization is provided pursuant to

this rule (sections 1707.201 and

1707.203). This rule identifies the

factors that DNFSB will consider in

making determinations in response to

such requests and what information

requesters must provide (sections

1707.202 and 1707.203). This rule also

specifies when the request should be

submitted (section 1707.203), the time

period for review (section 1707.205),

potential fees (section 1707.301), and, if

a request is granted, any restrictions that

may be placed on the disclosure of

records or the appearance of a DNFSB

employee as a witness (sections

1707.207 and 1707.208).

This rule applies to a broad range of

matters in any legal proceeding in

which DNFSB is not a named party. It

also applies to former and current

DNFSB employees (as well as DNFSB

consultants and advisors). Former

employees are prohibited from testifying

about specific matters for which they

had responsibility during their active

employment unless permitted to testify

as provided in the proposed rule. They

would not be barred from appearing to

testify about general matters

unconnected with the specific matters

for which they had responsibility.

Certification

DNFSB will certify that records in

DNFSB’s possession as true copies in

order to facilitate their use as evidence.

Fees

We charge a fee for production of

records or information and certification.

The fee schedules for duplication are

the same as those established in 10 CFR

1703.107(b)(6) of the Board’s

regulations, as appropriate. The charges

for witnesses are the same as those

provided by the Federal courts. The fees

related to production of records are the

same as those charged under FOIA. The

charges for time spent by an employee

to prepare for testimony and for

certification of records by DNFSB are

authorized under 31 U.S.C. 9701, which

permits an agency to charge for services

or things of value that are provided by

the agency.

Procedural Nature of the Regulations

The DNFSB rule is internal to the

agency, and is essentially procedural,

not substantive. It does not create a right

to obtain official records or the

testimony of a DNFSB employee nor

does it create any additional right or

privilege not already available to

DNFSB to deny any demand or request

therefor. However, failure to comply

with the procedures in this rule would

be a basis for denying a demand or

request submitted to DNFSB.

Regulatory Procedures

Regulatory Flexibility Act

For purposes of the Regulatory

Flexibility Act (5 U.S.C. chapter 6), this

rule will not have a significant

economic impact on a substantial

number of small entities. The rule

addresses only the procedures to be

followed in the production or disclosure

of DNFSB materials and information in

litigation where DNFSB is not a party.

Accordingly, DNFSB has determined

that a Regulatory Flexibility Analysis is

not required.

Unfunded Mandates Reform Act

For purposes of the Unfunded

Mandates Reform Act of 1995 (2 U.S.C.

chapter 25, subchapter II), this rule

would not significantly or uniquely

affect small governments and would not

result in increased expenditures by

State, local, and tribal governments, in

the aggregate, or by the private sector, of

$100 million or more (as adjusted for

inflation).

Executive Order 12866

In issuing this regulation, the Defense

Nuclear Facilities Safety Board has

adhered to the regulatory philosophy

and the applicable principles of

regulation as set forth in section 1 of

Executive Order 12866, Regulatory

Planning and Review. This rule has not

been reviewed by the Office of

Management and Budget under that

Executive Order since it is not a

significant regulatory action within the

meaning of the Executive Order.

Executive Order 12988

The Defense Nuclear Facilities Safety

Board, has reviewed this regulation in

light of section 3 of Executive Order

12988, Civil Justice Reform, and

certifies that it meets the applicable

standards provided therein.

Paperwork Reduction Act

The Paperwork Reduction Act (44

U.S.C. chapter 35) does not apply

because this regulation does not contain

information collection requirements that

require approval by the Office of

Management and Budget. The Defense

Nuclear Facilities Safety Board expects

the collection of information that is

called for by the regulation would

involve fewer than ten persons each

year.

Congressional Review Act

The Defense Nuclear Facilities Safety

Board has determined that this

rulemaking does not involve a rule

within the meaning of the Congressional

Review Act (5 U.S.C. chapter 8).

List of Subjects in 10 CFR Part 1707

Administrative practice and

procedure, Conflict of interests, Courts,

Government employees, Records,

Subpoenas, Testimony.

Dated: December 18, 2001.

John T. Conway,

Chairman, Defense Nuclear Facilities Safety

Board.

Accordingly, for the reasons set forth

in the preamble, the Defense Nuclear

Facilities Safety Board adds a new part

1707 to 10 CFR chapter XVII to read as

follows:

PART 1707—TESTIMONY BY DNFSB

EMPLOYEES AND PRODUCTION OF

OFFICIAL RECORDS IN LEGAL

PROCEEDINGS

Subpart A—General Provisions

Sec.

1707.101 Scope and purpose.

1707.102 Applicability.

1707.103 Definitions.

Subpart B—Requests for Testimony and

Production of Documents

1707.201 General prohibition.

1707.202 Factors DNFSB will consider.

1707.203 Filing requirements for demands

or requests for documents or testimony.

1707.204 Service of subpoenas or requests.

1707.205 Processing demands or requests.

1707.206 Final determination.

1707.207 Restrictions that apply to

testimony.

1707.208 Restrictions that apply to released

records.

1707.209 Procedure when a decision is not

made prior to the time a response is

required.

1707.210 Procedure in the event of an

adverse ruling.

Subpart C—Schedule of Fees

1707.301 Fees.

66716 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

Subpart D—Penalties

1707.401 Penalties.

Authority: 42 U.S.C. 2286b(c); 44 U.S.C.

3101–3107, 3301–3303a, 3308–3314.

Subpart A—General Provisions

§ 1707.101 Scope and purpose.

(a) This part sets forth policies and

procedures you must follow when you

submit a demand or request to an

employee of the Defense Nuclear

Facilities Safety Board (DNFSB) to

produce official records and

information, or provide testimony

relating to official information, in

connection with a legal proceeding. You

must comply with these requirements

when you request the release or

disclosure of official records and

information.

(b) The Defense Nuclear Facilities

Safety Board intends these provisions

to:

(1) Promote economy and efficiency

in its programs and operations;

(2) Minimize the possibility of

involving DNFSB in controversial issues

not related to our functions;

(3) Maintain DNFSB’s impartiality

among private litigants where DNFSB is

not a named party; and

(4) Protect sensitive, confidential

information and the deliberative

processes of DNFSB.

(c) In providing for these

requirements, DNFSB does not waive

the sovereign immunity of the United

States.

(d) This part provides guidance for

the internal operations of DNFSB. It

does not create any right or benefit,

substantive or procedural, that a party

may rely upon in any legal proceeding

against the United States.

§ 1707.102 Applicability.

This part applies to demands and

requests to employees for factual,

opinion, or expert testimony relating to

official information, or for production of

official records or information, in legal

proceedings whether or not the United

States or the DNFSB is a named party.

However, it does not apply to:

(a) Demands upon or requests for a

DNFSB employee to testify as to facts or

events that are unrelated to his or her

official duties or that are unrelated to

the functions of DNFSB;

(b) Demands upon or requests for a

former DNFSB employee to testify as to

matters in which the former employee

was not directly or materially involved

while at the DNFSB;

(c) Requests for the release of records

under the Freedom of Information Act,

5 U.S.C. 552, or the Privacy Act, 5

U.S.C. 552a; and

(d) Congressional demands and

requests for testimony or records.

§ 1707.103 Definitions.

DNFSB means the Defense Nuclear

Facilities Safety Board.

DNFSB employee or employee means:

(1) Any current or former officer or

employee of DNFSB;

(2) Any contractor or contractor

employee working on behalf of the

DNFSB or who has performed services

for DNFSB; and

(3) Any individual who is serving or

has served in any advisory capacity to

DNFSB, whether formal or informal.

(4) Provided, that this definition does

not include persons who are no longer

employed by DNFSB and who are

retained or hired as expert witnesses or

who agree to testify about general

matters, matters available to the public,

or matters with which they had no

specific involvement or responsibility

during their employment with DNFSB.

Demand means a subpoena, or an

order or other demand of a court or

other competent authority, for the

production, disclosure, or release of

records or for the appearance and

testimony of a DNFSB employee that is

issued in a legal proceeding.

General Counsel means the General

Counsel of DNFSB or a person to whom

the General Counsel has delegated

authority under this part.

Legal proceeding means any matter

before a court of law, administrative

board or tribunal, commission,

administrative law judge, hearing

officer, or other body that conducts a

legal or administrative proceeding.

Legal proceeding includes all phases of

litigation.

Records or official records and

information mean:

(1) All documents and materials

which are DNFSB agency records under

the Freedom of Information Act, 5

U.S.C. 552;

(2) All other documents and materials

contained in DNFSB files; and

(3) All other information or materials

acquired by a DNFSB employee in the

performance of his or her official duties

or because of his or her official status.

Request means any formal or informal

request, by whatever method, for the

production of records and information

or for testimony which has not been

demanded by a court or other competent

authority.

Testimony means any written or oral

statements, including but not limited to

depositions, answers to interrogatories,

affidavits, declarations, interviews, and

statements made by an individual in

connection with a legal proceeding.

Subpart B—Requests for Testimony

and Production of Documents

§ 1707.201 General prohibition.

No employee may produce official

records and information or provide any

testimony relating to official

information in response to a demand or

request without the prior, written

approval of the General Counsel.

§ 1707.202 Factors DNFSB will consider.

The General Counsel, in his or her

sole discretion, may grant an employee

permission to testify on matters relating

to official information, or produce

official records and information, in

response to a demand or request.

Among the relevant factors that the

General Counsel may consider in

making this decision are whether:

(a) The purposes of this part are met;

(b) Allowing such testimony or

production of records would be

necessary to prevent a miscarriage of

justice;

(c) DNFSB has an interest in the

decision that may be rendered in the

legal proceeding;

(d) Allowing such testimony or

production of records would assist or

hinder DNFSB in performing its

statutory duties or use DNFSB resources

where responding to the request will

interfere with the ability of DNFSB

employees to do their work;

(e) Allowing such testimony or

production of records would be in the

best interest of DNFSB or the United

States;

(f) The records or testimony can be

obtained from other sources;

(g) The demand or request is unduly

burdensome or otherwise inappropriate

under the applicable rules of discovery

or the rules of procedure governing the

case or matter in which the demand or

request arose;

(h) Disclosure would violate a statute,

executive order or regulation;

(i) Disclosure would reveal

confidential, sensitive, or privileged

information, trade secrets or similar,

confidential commercial or financial

information, or otherwise protected

information, or would otherwise be

inappropriate for release;

(j) Disclosure would impede or

interfere with an ongoing law

enforcement investigation or

proceedings;

(k) Disclosure would compromise

constitutional rights;

(l) Disclosure would result in DNFSB

appearing to favor one litigant over

another;

(m) Disclosure relates to documents

that were produced by another agency;

(n) A substantial Government interest

is implicated;

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66717

(o) The demand or request is within

the authority of the party making it; and

(p) The demand or request is

sufficiently specific to be answered.

§ 1707.203 Filing requirements for

demands or requests for documents or

testimony.

You must comply with the following

requirements whenever you issue

demands or requests to a DNFSB

employee for official records,

information, or testimony.

(a) Your request must be in writing

and must be submitted to the General

Counsel. If you serve a subpoena on

DNFSB or a DNFSB employee before

submitting a written request and

receiving a final determination, DNFSB

will oppose the subpoena on grounds

that your request was not submitted in

accordance with this subpart.

(b) Your written request must contain

the following information:

(1) The caption of the legal

proceeding, docket number, and name

and address of the court or other

authority involved;

(2) A copy of the complaint or

equivalent document setting forth the

assertions in the case and any other

pleading or document necessary to

show relevance of the testimony,

records, or information you seek from

the DNFSB;

(3) A list of categories of records

sought, a detailed description of how

the information sought is relevant to the

issues in the legal proceeding, and a

specific description of the substance of

the testimony or records sought;

(4) A statement as to how the need for

the information outweighs the need to

maintain any confidentiality of the

information and outweighs the burden

on DNFSB to produce the records or

provide testimony;

(5) A statement indicating that the

information sought is not available from

another source, from other persons or

entities, or from the testimony of

someone other than a DNFSB employee,

such as a retained expert;

(6) If testimony is requested, the

intended use of the testimony, a general

summary of the desired testimony, and

a showing that no document could be

provided and used in lieu of testimony;

(7) A description of all prior

decisions, orders, or pending motions in

the case that bear upon the relevance of

the requested records or testimony;

(8) The name, address, and telephone

number of counsel to each party in the

case; and

(9) An estimate of the amount of time

that the requester and other parties will

require with each DNFSB employee for

time spent by the employee to prepare

for testimony, in travel, and for

attendance in the legal proceeding.

(c) The Defense Nuclear Facilities

Safety Board reserves the right to

require additional information to

complete your request where

appropriate.

(d) Your request should be submitted

at least 45 days before the date that

records or testimony is required.

Requests submitted in less than 45 days

before records or testimony is required

must be accompanied by a written

explanation stating the reasons for the

late request and the reasons for

expedited processing.

(e) Failure to cooperate in good faith

to enable the General Counsel to make

an informed decision may serve as the

basis for a determination not to comply

with your request.

§ 1707.204 Service of subpoenas or

requests.

Subpoenas or requests for official

records or information or testimony

must be served on the General Counsel,

Defense Nuclear Facilities Safety Board,

625 Indiana Avenue, NW., Suite 700,

Washington, DC 20004–2901.

§ 1707.205 Processing demands or

requests.

(a) After service of a demand or

request to testify, the General Counsel

will review the demand or request and,

in accordance with the provisions of

this subpart, determine whether, or

under what conditions, to authorize the

employee to testify on matters relating

to official information and/or produce

official records and information.

(b) The Defense Nuclear Facilities

Safety Board will process requests in the

order in which they are received.

Absent exigent or unusual

circumstances, DNFSB will respond

within 45 days from the date that we

receive it. The time for response will

depend upon the scope of the request.

(c) The General Counsel may grant a

waiver of any procedure described by

this subpart where a waiver is

considered necessary to promote a

significant interest of the DNFSB or the

United States or for other good cause.

§ 1707.206 Final determination.

The General Counsel makes the final

determination on demands and requests

to employees for production of official

records and information or testimony.

All final determinations are within the

sole discretion of the General Counsel.

The General Counsel will notify the

requester and the court or other

authority of the final determination, the

reasons for the grant or denial of the

demand or request, and any conditions

that the General Counsel may impose on

the release of records or information, or

on the testimony of a DNFSB employee.

§ 1707.207 Restrictions that apply to

testimony.

(a) The General Counsel may impose

conditions or restrictions on the

testimony of DNFSB employees

including, for example, limiting the

areas of testimony or requiring the

requester and other parties to the legal

proceeding to agree that the transcript of

the testimony will be kept under seal or

will only be used or made available in

the particular legal proceeding for

which testimony was requested. The

General Counsel may also require a

copy of the transcript of testimony at the

requester’s expense.

(b) The DNFSB may offer the

employee’s written declaration in lieu of

testimony.

(c) If authorized to testify pursuant to

this part, an employee may testify as to

facts within his or her personal

knowledge, but, unless specifically

authorized to do so by the General

Counsel, the employee shall not:

(1) Disclose classified, privileged, or

otherwise protected information;

(2) Testify as an expert or opinion

witness with regard to any matter

arising out of the employee’s official

duties or the functions of DNFSB unless

testimony is being given on behalf of the

United States (see also 5 CFR 2635.805

for current employees).

§ 1707.208 Restrictions that apply to

released records.

(a) The General Counsel may impose

conditions or restrictions on the release

of official records and information,

including the requirement that parties to

the proceeding obtain a protective order

or execute a confidentiality agreement

to limit access and any further

disclosure. The terms of the protective

order or of a confidentiality agreement

must be acceptable to the General

Counsel. In cases where protective

orders or confidentiality agreements

have already been executed, DNFSB

may condition the release of official

records and information on an

amendment to the existing protective

order or confidentiality agreement.

(b) If the General Counsel so

determines, original DNFSB records

may be presented for examination in

response to a demand or request, but

they are not to be presented as evidence

or otherwise used in a manner by which

they could lose their identity as official

DNFSB records, nor are they to be

marked or altered. In lieu of the original

records, certified copies will be

66718 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

presented for evidentiary purposes (see

28 U.S.C. 1733).

§ 1707.209 Procedure when a decision is

not made prior to the time a response is

required.

If a response to a demand or request

is required before the General Counsel

can make the determination referred to

in § 1707.201, the General Counsel,

when necessary, will provide the court

or other competent authority with a

copy of this part, inform the court or

other competent authority that the

demand or request is being reviewed,

and seek a stay of the demand or request

pending a final determination.

§ 1707.210 Procedure in the event of an

adverse ruling.

If the court or other competent

authority fails to stay the demand, the

employee upon whom the demand is

made, unless otherwise advised by the

General Counsel, will appear at the

stated time and place, produce a copy

of this part, state that the employee has

been advised by counsel not to provide

the requested testimony or produce

documents, and respectfully decline to

comply with the demand, citing United

States ex rel. Touhy v. Ragen, 340 U.S.

462 (1951). A written response may be

offered to a request, or to a demand, if

permitted by the court or other

competent authority.

Subpart C—Schedule of Fees

§ 1707.301 Fees.

(a) Generally. The General Counsel

may condition the production of records

or appearance for testimony upon

advance payment of a reasonable

estimate of the costs to DNFSB.

(b) Fees for records. Fees for

producing records will include fees for

searching, reviewing, and duplicating

records, costs of attorney time spent in

reviewing the demand or request, and

expenses generated by materials and

equipment used to search for, produce,

and copy the responsive information.

Costs for employee time will be

calculated on the basis of the hourly pay

of the employee (including all pay,

allowance, and benefits). Fees for

duplication will be the same as those

charged by DNFSB in its Freedom of

Information Act fee regulations at 10

CFR part 1703.

(c) Witness fees. Fees for attendance

by a witness will include fees, expenses,

and allowances prescribed by the

court’s rules. If no such fees are

prescribed, witness fees will be

determined based upon the rule of the

Federal district court closest to the

location where the witness will appear.

Such fees will include cost of time spent

by the witness to prepare for testimony,

in travel, and for attendance in the legal

proceeding.

(d) Payment of fees. You must pay

witness fees for current DNFSB

employees and any records certification

fees by submitting to the General

Counsel a check or money order for the

appropriate amount made payable to the

Treasury of the United States. In the

case of testimony by former DNFSB

employees, you must pay applicable

fees directly to the former employee in

accordance with 28 U.S.C. 1821 or other

applicable statutes.

(e) Certification (authentication) of

copies of records. The Defense Nuclear

Facilities Safety Board may certify that

records are true copies in order to

facilitate their use as evidence. If you

seek certification, you must request

certified copies from DNFSB at least 45

days before the date they will be

needed. The request should be sent to

the General Counsel. You will be

charged a certification fee of $15.00 for

each document certified.

(f) Waiver or reduction of fees. The

General Counsel, in his or her sole

discretion, may, upon a showing of

reasonable cause, waive or reduce any

fees in connection with the testimony,

production, or certification of records.

(g) De minimis fees. Fees will not be

assessed if the total charge would be

$10.00 or less.

Subpart D—Penalties

§ 1707.401 Penalties.

(a) An employee who discloses

official records or information or gives

testimony relating to official

information, except as expressly

authorized by DNFSB or as ordered by

a Federal court after DNFSB has had the

opportunity to be heard, may face the

penalties provided in 18 U.S.C. 641 and

other applicable laws. Additionally,

former DNFSB employees are subject to

the restrictions and penalties of 18

U.S.C. 207 and 216.

(b) A current DNFSB employee who

testifies or produces official records and

information in violation of this part

shall be subject to disciplinary action.

[FR Doc. 01–31533 Filed 12–26–01; 8:45 am]

BILLING CODE 3670–01–P

FEDERAL HOUSING FINANCE BOARD

12 CFR Parts 930 and 932

[No. 2001–28]

RIN 3069–AB11

Unsecured Credit Limits for Federal

Home Loan Banks

AGENCY: Federal Housing Finance

Board.

ACTION: Final rule.

SUMMARY: The Federal Housing Finance

Board (Finance Board) is amending the

unsecured credit provision of its rules,

which was adopted as part of its capital

rule on December 20, 2000 and governs

the amount of unsecured credit that a

Federal Home Loan Bank (Bank) can

extend to a particular counterparty. The

unsecured credit limits adopted in

December were generally stricter than

the limits under which the Banks

operated with the Finance Board’s

Financial Management Policy (FMP).

The amendments adopted herein will

require the Banks to base the credit limit

on the long-term credit rating of the

counterparty. They also will set the

amount of unsecured credit that a Bank

can extend to a government-sponsored

enterprise (GSE) at the level allowed

under the FMP, and adjust the limits for

sales of overnight federal funds and the

limits for unsecured credit that can be

extended to groups of affiliated

counterparties. The amendments also

address how the unsecured credit limits

should be applied to certain housing

finance agency bonds, and clarify how

a Bank should calculate its credit

exposures from on- and off-balance

sheet items and derivative contracts.

The Finance Board also is adding to

§ 932.9 a requirement that a Bank report

promptly non-compliance with the

unsecured credit limits set forth in the

rule as well as making other technical

or clarifying changes to the rule.

EFFECTIVE DATE: The final rule is

effective on March 27, 2002.

FOR FURTHER INFORMATION CONTACT:

James L. Bothwell, Managing Director,

(202) 408–2821; Scott L. Smith, Acting

Director, (202) 408–2991; or Julie Paller,

Senior Financial Analyst, (202) 408–

2842, Office of Policy, Research and

Analysis; or Thomas E. Joseph, Senior

Attorney-Advisor, (202) 408–2512,

Office of General Counsel, Federal

Housing Finance Board, 1777 F Street,

NW., Washington, DC 20006.

SUPPLEMENTARY INFORMATION:

I. Introduction

On December 20, 2000, in accordance

with the Gramm-Leach-Bliley Act, Pub.