[Federal Register: July 11, 2002 (Volume 67, Number 133)]
[Rules and Regulations]
[Page 45895-45896]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy02-1]
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Rules and Regulations
Federal Register
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[[Page 45895]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 1
RIN 0551-AA61
Administrative Regulations for the Freedom of Information Act
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
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SUMMARY: The Foreign Agricultural Service is issuing administrative
guidelines to govern the availability of records under the Freedom of
Information Act (FOIA).
EFFECTIVE DATE: July 11, 2002.
FOR FURTHER INFORMATION CONTACT: Donald Washington, FOIA Officer,
Foreign Agricultural Service, at (202) 720-3101.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule is issued in conformance with Executive Order 12866. It
has been determined to be significant for purposes of Executive Order
12866 and, therefore, has been reviewed by the Office of Management and
Budget (OMB).
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts State and local laws and
regulations that are inconsistent with this rule; (2) has not
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Regulatory Flexibility Act
The FAS Administrator certifies that this rule will not have a
significant economic impact on substantial number of small entities.
This rule implements the Freedom of Information Act, as statute
concerning the release of Federal Government records, and does not
economically impact the private sector.
Paperwork Reduction Act
USDA certifies that this rule does not impose any reporting or
record keeping requirements under the Paperwork Reduction Act of 1995.
Effective Date
Because this regulation involves agency management, FAS is not
required to publish a notice of proposed rulemaking and the regulation
may be effective upon publication.
Background
This regulation constitutes the Foreign Agricultural Service's
compliance with the directive in 7 CFR 1.3 that each agency of the
Department of Agriculture publish specified information regarding the
availability of records under the Freedom of Information Act (FOIA).
List of Subjects in 7 CFR Part 1520
Administrative practice and procedure, Freedom of Information,
Privacy.
Accordingly, part 1520 of 7 CFR is revised to read as follows:
PART 1520--AVAILABILITY OF INFORMATION TO THE PUBLIC
Sec.
1520.1 General statements.
1520.2 Location and hours.
1520.3 Indexes/Record Systems.
1520.4 Agency FOIA Officer.
1520.5 Agency Appeal Official.
1520.6 Other information.
Authority: 5 U.S.C. 552
Sec. 1520.1 General statement.
This part is issued in accordance with the regulations of the
Secretary of Agriculture 7 CFR, part 1--Administrative Regulations,
Subpart A--Official Records, Sec. 1.3, Agency Implementing Regulations,
for the Freedom of Information Act (5 U.S.C. 552). The Secretary's
Regulations, as implemented by the regulations in this part govern the
availability of records of the Foreign Agricultural Service (FAS) to
the public.
Sec. 1520.2 Location and hours.
Members of the public should contact the FAS FOIA Officer to
arrange a place and time to review documents. Contact the U.S.
Department of Agriculture, Foreign Agriculture Service, Public Affairs
Division, 1400 Independence Avenue SW., Washington, DC 20250-1004. The
office will be open from 8:30 a.m. to 5 p.m. Monday through Friday,
except national holidays, Tel.: 202-720-3448, Fax: 202-720-1727.
Sec. 1520.3 Indexes/Record systems.
5 U.S.C. 552(a)(2) required that each agency publish or otherwise
make available a current index of all materials for public inspection
and copying. The Foreign Agricultural Service maintains the following
record systems. FAS regulations, manuals, and notices; attache reports;
general publications; and statements of policy and procedures for
various FAS programs. Copies of the FAS index may be obtained free of
charge by contacting the office specified in Sec. 1520.2.
Sec. 1520.4 Agency FOIA Officer.
Requests for records shall be made to the Freedom of Information
Officer, Public Affairs Division, Foreign Agricultural Service, Ag Box
1004, U.S. Department of Agriculture, 1400 Independence Avenue, SW.,
Washington, DC 20250-1004. Tel.: 202-720-3448, Fax: 202-720-1727.
Sec. 1520.5 Agency Appeal Official.
Any person whose request under Sec. 1520.4 is denied shall have the
right to appeal such a denial. For appeals, write to the following
official and mark your letters ``FOIA Appeal'': Administrator, Foreign
Agricultural Service, U.S. Department of Agriculture, 1400 Independence
Avenue SW., Washington, DC 20250-1004, Attn: FOIA Appeal.
Sec. 1520.6 Other information.
Many documents are available to the public without having to file
an FOIA request. These include press releases, speeches, congressional
testimony, program regulations, and some letters and memoranda. Some of
this information can be found on the FAS web site, www.fas.uda.gov.
Also, the FAS annual FOIA report is available on the agency's web site
at www.fas.usda.gov. Click on FOIA at the bottom of the page. To
request a paper copy of the FAS FOAI annual report, write to: Foreign
Agricultural Service, U.S. Department of Agriculture, 1400 Independence
Ave. SW., Ag Box 1004,
[[Page 45896]]
Washington, DC 20250-1004, Attn: Freedom on Information Officer.
Dated: July 3, 2002.
A. Ellen Terpstra,
Administrator, Foreign Agricultural Service.
[FR Doc. 02-17452 Filed 7-10-02; 8:45 am]
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