[Federal Register: November 19, 2001 (Volume 66, Number 223)]
[Rules and Regulations]
[Page 57841-57842]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no01-2]
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DEPARTMENT OF AGRICULTURE
Agricultural Research Service
7 CFR Part 510
Availability of Information
AGENCY: Agricultural Research Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule amends regulations of the Agricultural Research
Service (ARS) regarding the availability of information to the public
in accordance with the Freedom of Information Act (FOIA). It informs
the public of the change in location and telephone number of the FOIA
Coordinator for ARS, provides a TTY number for access for hearing
impaired individuals, and addresses multitrack processing of requests
and the availability of ``reading room'' material by electronic
telecommunication, pursuant to the Electronic FOIA Amendments of 1996,
Public Law 104-231.
EFFECTIVE DATE: This rule will become effective on December 19, 2001.
FOR FURTHER INFORMATION CONTACT: Stasia A.M. Hutchison, FOIA
Coordinator, Agricultural Research Service, USDA, 5601 Sunnyside
Avenue, Mail Stop 5128, Beltsville, Maryland 20705-5128; Telephone
(301) 504-1655; TTY-VOICE (301) 504-1743; Facsimile (301) 504-1648; E-
mail: shutchison@ars.usda.gov.
SUPPLEMENTARY INFORMATION: The FOIA requires Federal agencies to
publish in the Federal Register regulations describing how the public
may obtain information from the agency (5 U.S.C. 552(a)(1)). Part 510
of Title 7, Code of Federal Regulations, is issued in accordance with
the regulations of the Secretary of Agriculture at 7 CFR part 1,
subpart A, implementing FOIA.
Pursuant to the Electronic FOIA Amendments of 1996, Public Law 104-
231, Sec. 510.2 is updated to address the availability of ``reading
room'' material by electronic telecommunication means. Also Sec. 510.4
is revised to address multitrack processing of requests. As a result,
former Secs. 510.4 and 510.5 are renumbered and Sec. 510.6 added.
This rule also amends part 510 to inform the public of the change
in the location and telephone number of the FOIA Coordinator for ARS
and to provide a TTY number for access for hearing impaired
individuals.
This rule will become effective 30 days after this publication
pursuant to 5 U.S.C. 553(d). Further, this rule has been reviewed to
ensure accordance with Executive Orders 12988 and 12866. This rule will
not cause a significant economic impact or other substantial effect on
small entities. Therefore, the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., do not apply.
List of Subjects in 7 CFR Part 510
Freedom of Information.
Accordingly, 7 CFR part 510 is revised to read as follows:
PART 510--PUBLIC INFORMATION
Sec.
510.1 General statement.
510.2 Public inspection, copying, and indexing.
510.3 Requests for records.
510.4 Multitrack processing.
510.5 Denials.
510.6 Appeals.
Authority: 5 U.S.C. 301, 552; 7 CFR part 1, subpart A and
appendix A thereto.
Sec. 510.1 General statement.
This part is issued in accordance with the regulations of the
Secretary of Agriculture in part 1, subpart A of this title and
appendix A thereto, implementing the Freedom of Information Act (FOIA)
(5 U.S.C. 552). The Secretary's regulations, as implemented by the
regulations in this part, govern the availability of records of the
Agricultural Research Service (ARS) to the public.
Sec. 510.2 Public inspection, copying, and indexing.
5 U.S.C. 552(a)(2) requires that certain materials be made
available for public inspection and copying and that a current index of
these materials be published quarterly or otherwise be made available.
Members of the public may request access to such materials maintained
by ARS at the following
[[Page 57842]]
office: Information Staff, ARS, REE, USDA, Room 1-2248, Mail Stop 5128,
5601 Sunnyside Avenue, Beltsville, MD 20705-5128; Telephone (301) 504-
1640 or (301) 504-1655; TTY-VOICE (301) 504-1743. Office hours are 8
a.m. to 4:30 p.m. Information maintained in our electronic reading room
can be accessed at http://www.ars.usda.gov/is/foia/#Electronic.
Sec. 510.3 Requests for records.
Requests for records of ARS under 5 U.S.C. 552(a)(3) shall be made
in accordance with Subsection 1.5 of this title and submitted to the
FOIA Coordinator, Information Staff, ARS, REE, USDA, Mail Stop 5128,
5601 Sunnyside Avenue, Beltsville, MD 20705-5128; Telephone (301) 504-
1640 or (301) 504-1655; TTY-VOICE (301) 504-1743; Facsimile (301) 504-
1648; e-mail vherberger@ars.usda.gov or shutchison@ars.usda.gov. The
FOIA Coordinator is delegated authority to make determinations
regarding such requests in accordance with Subsection 1.3(c) of this
title.
Sec. 510.4 Multitrack processing.
(a) When ARS has a significant number of requests, the nature of
which precludes a determination within 20 working days, the requests
may be processed in a multitrack processing system, based on the date
of receipt, the amount of work and time involved in processing the
request, and whether the request qualifies for expedited processing.
(b) ARS may establish as many processing tracks as appropriate;
processing within each track shall be based on a first-in, first-out
concept, and rank-ordered by the date of receipt of the request.
(c) A requester whose request does not qualify for the fastest
track may be given an opportunity to limit the scope of the request in
order to qualify for the fastest track. This multitrack processing
system does not lessen agency responsibility to exercise due diligence
in processing requests in the most expeditious manner possible.
(d) ARS shall process requests in each track on a ``first-in,
first-out'' basis, unless there are unusual circumstances as set forth
in Sec. 1.16 of this title, or the requester is entitled to expedited
processing as set forth in Sec. 1.9 of this title.
Sec. 510.5 Denials.
If the FOIA Coordinator determines that a requested record is
exempt from mandatory disclosure and that discretionary release would
be improper, the FOIA Coordinator shall give written notice of denial
in accordance with Sec. 1.7(a) of this title.
Sec. 510.6 Appeals.
Any person whose request is denied shall have the right to appeal
such denial. Appeals shall be made in accordance with Sec. 1.14 of this
title and should be addressed as follows: Administrator, ARS, U.S.
Department of Agriculture, Washington, DC 20250.
Done at Washington, DC, this October 29, 2001.
Edward B. Knipling,
Associate Administrator, Agricultural Research Service.
[FR Doc. 01-28835 Filed 11-16-01; 8:45 am]
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