[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Proposed Rules]
[Pages 38657-38663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18860]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 144 / Thursday, July 25, 1996 / 
Proposed Rules  

[[Page 38657]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1


Freedom of Information and Privacy Act Regulations

AGENCY: Office of the Secretary of Agriculture, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Agriculture (USDA or the 
Department) is proposing to amend its regulations pertaining to the 
Freedom of Information and Privacy Act as part of the USDA regulatory 
reinvention initiative to improve its regulations. These proposed 
changes, if adopted, will correct references to statutes, regulations, 
USDA agencies, and USDA officials; reflect the change of the name of 
the Administration Building to the Jamie L. Whitten Federal Building; 
update the regulations to reflect changes in statutes and USDA policy; 
remove gender specific references; remove unnecessary regulations; and 
make minor, nonsubstantive changes for clarity.

DATES: Consideration will be given only to comments received on or 
before September 23, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Scott C. Safian, Staff Attorney, Regulatory Division, Office of the 
General Counsel, U.S. Department of Agriculture, Room 2422, South 
Building, 14th Street and Independence Avenue SW., Washington, D.C. 
20250-1400. Comments received may be inspected at USDA, Room 2422, 
South Building, 14th Street and Independence Avenue SW., Washington, DC 
20250-1400, between 8 a.m. and 4:30 p.m., Monday through Friday, except 
holidays. Persons wishing to inspect comments are encouraged to call 
ahead on (202) 720-5550 to facilitate entry.

FOR FURTHER INFORMATION CONTACT: Regarding the regulations mentioned in 
this document, contact Scott C. Safian, Staff Attorney, Regulatory 
Division, Office of the General Counsel, U.S. Department of 
Agriculture, Room 2422, South Building, 14th Street and Independence 
Avenue SW., Washington, D.C. 20250-1400, (202) 720-2003.
    Regarding general information on USDA's ``reinventing initiative,'' 
contact: Marvin Shapiro, Chief, Legislative, Regulatory and Automated 
Systems Division, Office of Budget and Program Analysis, U.S. 
Department of Agriculture, Room 147-E, Jamie L. Whitten Federal 
Building, 14th Street and Independence Avenue SW., Washington, D.C 
20250-1400, (202) 720-1516.

SUPPLEMENTARY INFORMATION:

Background

    On March 4, 1995, President Clinton announced plans for reforming 
the Federal regulatory system as part of his ``Reinventing Government'' 
initiative. In his March 4 directive, the President ordered the heads 
of all Federal departments and agencies to conduct a review of their 
regulations and to eliminate or revise those that are outdated or 
otherwise in need of reform. The U.S. Department of Agriculture 
completed its review and submitted a report on the review to the Office 
of Management and Budget on June 1, 1995. The review included USDA's 
Administrative Regulaitons--Official Records (7 CFR, part 1, subpart A) 
and Administrative Regulaitons--Privacy Act Regulations (7 CFR, part 1, 
subpart G). The Department found that these regulations contained 
incorrect references to statutes, regulations, USDA agencies, USDA 
officials, and the Jamie L. Whitten Federal Building; unnecessary and 
outdated provisions; gender specific references; and provisions that 
could be clarified by making minor, nonsubstantive changes. This 
proposal, which, if adopted, would correct references to statutes, 
regulations, USDA agencies, USDA officials and the Jamie L. Whitten 
Federal Building; remove gender specific references; remove unnecessary 
regulations; update the regulations to reflect statutory and policy 
changes that have been made since the regulations were last amended; 
and make minor nonsubstantive changes for clarity, represents USDA's 
continuing effort to implement the President's plan.

The Proposal

Authority Citations for 7 CFR, Part 1, Subparts A and G

    The Department is proposing to amend 7 CFR, part 1, subpart A, by 
revising the authority citation for subpart A to reflect the 
recodification of 7 U.S.C. 2244 at 7 U.S.C. 3125a and the new 
delegations of authority within the Department which were published in 
the Federal Register on November 8, 1995, at 60 FR 56392. This proposal 
also would amend the authority citation for subpart G by adding 
references to 5 U.S.C. 301 and 31 U.S.C. 9701 which should be included 
in the authority citation for subpart G.

Amendments to Numerous Provisions in 7 CFR, Part 1, Subparts A and G

    The Department also is proposing to amend numerous sections in 7 
CFR, part 1, subparts A and G by updating references to the Department 
offices, titles of Department officials, and Department agencies; 
replacing gender specific references with gender neutral references; 
replacing inaccurate cross references; replacing references to the 
``Administration Building'' with references to the ``Jamie L. Whitten 
Federal Building'' to reflect the change in the name of the building 
that was effectuated by the enactment of Pub. L. No. 103-404; 
eliminating surplusage; and clarifying provisions in 7 CFR, part 1, 
subparts A and G.
    The Department also is proposing to remove the word ``document(s)'' 
and add the word ``record(s)'' in the place of the word ``document(s)'' 
in all of the provisions in 7 CFR, part 1, subparts A and G which 
relate to the Freedom of Information Act and the Privacy Act, both of 
which concern access to ``records.''

Specific Amendments to 7 CFR, Part 1, Subparts A and G

    In addition to the proposed changes related above, the Department 
is proposing to amend specific provisions within 7 CFR, part 1, 
subparts A and G as described below.

Freedom of Information Regulations

    Section 1.1 states that subpart A of the regulations establishes 
policy, procedures, requirements, and responsibilities for 
administration and coordination of the Freedom of Information Act 
(FOIA), 5 U.S.C. 552,

[[Page 38658]]

and provides that the Office of Governmental and Public Affairs (OGPA) 
has the primary administrative responsibility for the FOIA in the USDA. 
The OGPA is no longer an agency of the USDA and its duties have been 
subsumed by the Office of Communications (OC). Furthermore, while the 
OGPA was headed by an Assistant Secretary and was part of the Office of 
the Secretary of Agriculture, the Office of Communications is headed by 
a Director and is not part of the Secretary's office. The Office of 
Communications consists of nine divisions, each headed by a director, 
and a Press Secretary staff. Accordingly, the Department is proposing 
to amend Sec. 1.1 to reflect these changes in Department administration 
and organization. Similar changes are proposed to be made in other 
sections of the regulations.
    Section 1.2(a) provides that agencies of USDA shall comply with the 
time limits set forth in the FOIA for responding to processing requests 
and appeals for agency documents, unless there are exceptional 
circumstances within the meaning of 5 U.S.C. 552(a)(6)(B). The 
Department is proposing to remove the reference to ``exceptional 
circumstances'' and replace it with a reference to ``unusual 
circumstances'' because the term defined in 5 U.S.C. 552(a)(6)(B) is 
``unusual circumstance.''
    Section 1.4(b)(6) describes the organization and responsibilities 
of the Office of Governmental and Public Affairs. As discussed above, 
this office no longer exists. Accordingly, this proposed rule would 
amend Sec. 1.4(b)(6) to reflect these changes in Department 
administration and organization, and describe the organization of the 
Office of Communications.
    Section 1.6(a) provides that a person requesting records from any 
agency of the Department may request a fee wavier ``if there is likely 
to be a charge for the requested information.'' Persons requesting 
records may not know whether the Department is likely to charge for the 
requested information, and the Department does not believe that any 
purpose is served by requiring persons requesting records to determine 
the likelihood of a fee as a condition of asking for a fee waiver. 
Accordingly, the Department is proposing to eliminate the requirement 
that a request for a few waiver may only be made if there is likely to 
be a charge for the requested information.
    Section 1.8(b) provides that if records requested contain some 
portions which are exempt from mandatory disclosure and others which 
are not exempt from disclosure, the official responding to the request 
shall ensure that all nonexempt portions are disclosed. In 1974, the 
FOIA was amended to provide that ``reasonably segregable'' portions of 
records shall be provided to persons requesting agency records after 
deletion of the portions which are exempt under 5 U.S.C. 552(b). For 
this reason, the Department is proposing to amend Sec. 1.8(b) to 
require that the official responding to the request ensure that 
reasonably segregable nonexempt portions are disclosed.
    Section 1.11(a) provides that whenever a request (including any 
``demand'' as defined in Sec. 1.21) is received in USDA for information 
which has been submitted by a business, all agencies of the Department 
must provide the business information submitter with certain specified 
information. Section 1.21 was removed from the regulations by a final 
rule published in the Federal Register on October 19, 1990, at 55 FR 
42347. Former 7 CFR 1.21 was reworded and incorporated in a new 
provision, 7 CFR 1.215. Therefore, the Department is proposing to 
eliminate the reference to ``Sec. 1.21'' and replace it with a 
reference to 7 CFR 1.215.
    Section 1.16 delegates authority within the USDA to promulgate 
regulations providing a uniform schedule of fees applicable to all 
agencies of the Department regarding requirements for records under 
subpart A of the regulations. The regulations providing for a uniform 
fee schedule are set forth at appendix A of the subpart. Section 1.16 
provides that any amendments to the fee schedule shall be made pursuant 
to notice and opportunity for comment. Under an overly strict reading 
of this section, even a minor, nonsubstantive change to the fee 
schedule, such as the correction of a spelling error, may only be made 
after notice and comment rulemaking. It is not the purpose of Sec. 1.16 
to require any more rulemaking procedure than that provided under the 
Administrative Procedure Act. Accordingly, the Department is proposing 
to remove the language in Sec. 1.16 which provides that any amendments 
to the fee schedule will be made pursuant to notice and opportunity for 
comment. Substantive amendments to the fee schedule, such as changes to 
the fees to be charged for processing requests under this subpart or 
changes to the uniform fee schedule that modify procedures for or 
circumstances under which a fee may be waived or reduced, will continue 
to be made pursuant to notice and comment rulemaking, as required by 
law.

Privacy Act Regulations

    Section 1.123 of the Department's Privacy Act regulations contains 
a listing of those systems of records maintained by agencies of USDA 
which have been exempted, pursuant to 5 U.S.C. 552a(K) from the 
provisions of 5 U.S.C. 552a, paragraphs (c)(3), (d), (e)(1), (e)(4)(G), 
(H), and (I), and (f) of the Privacy Act. The reasons for exempting 
each system of records are set out in the notice for that system 
published in the Federal Register. The names of several of the agencies 
and systems listed in Sec. 1.123 are antiquated or have otherwise 
changed. Accordingly, the Department is proposing to make several 
changes to Sec. 1.123 to reflect this fact.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule, if adopted, would correct references to 
statutes, regulations, USDA agencies, USDA officials, and the 
Administration Building; remove gender specific references; remove 
unnecessary provisions; update regulations to reflect changes that have 
been made in statutes and policy since the regulations were last 
amended; and make minor, nonsubstantive changes for clarity. This 
proposed rule will not have any economic impact.
    Under these circumstances, the Secretary has determined that this 
action will not have a significant economic impact on a substantial 
number of small entities.

Executive Order 12778

    This proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform, If this proposed rule is adopted, this rule 
would: (1) Preempt all state and local laws and regulations that are 
inconsistent with this rule; (2) have no retroactive effect; and (3) 
would not require administrative proceedings before parties may file 
suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 1

    Administrative practice and procedure, Agriculture, Antitrust,

[[Page 38659]]

Claims, Cooperatives, Courts, Equal access to justice, Federal 
buildings and facilities, Freedom of information, Government employees, 
Lawyers, Privacy.

    Accordingly, 7 CFR part 1, subpart A and subpart G, would be 
amended as follows:

PART 1--ADMINISTRATIVE REGULATIONS

Subpart A--Official Records

    1. The authority citation for part 1, subpart A, would be revised 
to read as follows:

    Authority: 5 U.S.C. 301, 552, 7 U.S.C. 3125a; 31 U.S.C. 9701; 
and 7 CFR 2.28(b)(7)(viii).

    2. Section 1.1 would be revised to read as follows:


Sec. 1.1  Purpose and scope.

    This subpart establishes policy, procedures, requirements, and 
responsibilities for administration and coordination of the Freedom of 
Information Act (FOIA), 5 U.S.C. 552, pursuant to which official 
records may be obtained by any person. This subpart also provides rules 
pertaining to the disclosure of records pursuant to compulsory process. 
This subpart also serves as the implementing regulations for the Office 
of the Secretary (the immediate offices of the Secretary, Deputy 
Secretary, Under Secretaries, and Assistant Secretaries) and for the 
Office of Communications. The Office of Communications has the primary 
responsibility for the FOIA in the Department of Agriculture (USDA). 
The term ``agency'' or ``agencies'' is used throughout this subpart to 
include both USDA program agencies and staff offices.


Sec. 1.2  [Amended]

    3. Section 1.2 would be amended as follows:
    a. Paragraph (a) would be amended by removing the word 
``documents'' and adding the word ``records'' in its place; and by 
removing the word ``exceptional'' and adding the word ``unusual'' in 
its place.
    b. Paragraph (b) would be amended by removing the word 
``documents'' and adding the word ``records'' in its place.


Sec. 1.3  [Amended]

    4. In Sec. 1.3, paragraph (a)(2) would be amended by removing the 
word ``thereto'' and adding the words ``to indexes'' in its place.
    5. Section 1.4 would be amended as follows:
    a. Paragraph (a) introductory text would be amended by removing the 
words ``Office of Governmental and Public Affairs'' and adding the 
words ``Office of Communications'' in their place.
    b. Paragraphs (a)(1) and (a)(2) would be amended by removing the 
words ``Administration Building'' and adding the words ``Jamie L. 
Whitten Federal Building'' in their place.
    c. Paragraph (a)(3) would be amended by removing the words 
``Director of Information, Office of Governmental and Public Affairs'' 
and adding the words ``FOIA Coordinator, Office of Communications'' in 
their place.
    d. Paragraph (a)(4) would be amended by removing the words 
``Assistant Secretary for Governmental and Public Affairs'' and adding 
the words ``Director of Communications, Office of Communications'' in 
their place.
    e. Paragraph (b) introductory text would be amended by removing the 
words ``Office of Governmental and Public Affairs (OGPA)'' and adding 
the words ``Office of Communications (OC)'' in their place.
    f. Paragraph (b)(3) would be amended by removing the reference ``7 
CFR part 2, subpart A'' and adding the reference ``part 2, subpart A, 
of this title'' in its place.
    g. Paragraph (b)(4) would be amended by removing the words ``Office 
of Governmental and Public Affairs'' and adding the words ``Office of 
Communications'' in their place; and by removing the words ``The Office 
is'' and adding the words ``The Office of Communications is'' in their 
place.
    h. Paragraph (b)(5) would be revised to read as set forth below.
    i. Paragraph (b)(6) would be revised to read as set forth below.


Sec. 1.4  Implementing regulations for the Office of the Secretary.

* * * * *
    (b) * * *
    5. The Office of Communications is headed by the Director of 
Communications. In the Director's absence, the Office of Communications 
is headed by the Press Secretary.
    (6) The Office of Communications consists of nine divisions, each 
headed by a director, and a Press Secretary.


Sec. 1.5  [Amended]

    6. In Sec. 1.5, paragraph (b) would be amended as follows:
    a. In the first sentence, by removing the word ``also''; and by 
adding the words ``for public inspection and copying'' immediately 
after the words ``make available''.
    b. In the second sentence, by removing the word ``thereto'' and 
adding the words ``to such indexes'' in its place.
    c. In the third sentence, by removing the word ``Notice'' and 
adding the word ``notice'' in its place.
    7. Section 1.6 would be amended as follows:
    a. In paragraph (a), the second sentence would be amended by 
removing the words ``if there is likely to be a charge for the 
requested information''; in the third sentence, by removing the words 
``Office of Governmental and Public Affairs'' and adding the words 
``Office of Communications'' in their place both time they appear; in 
the third sentence, by removing the words ``Director of Information'' 
and adding the words ``Director or Communications'' in their place; and 
in the fourth sentence, by removing the words ``that Act'' and adding 
the words ``the Freedom of Information Act'' in their place.
    b. Paragraph (b) would be amended by removing the words ``etc., 
which'' and adding the words ``names of individuals, names of offices, 
and names or agencies or other organizations that'' in their place.
    c. In paragraph (c), the first sentence would be amended by 
removing the word ``it'' and adding the words ``the agency'' in its 
place; and by removing the words ``he or she'' and adding the words 
``the requester'' in their place.
    d. Paragraph (e) would be amended by removing the words ``the 
person making the request'' and adding the words ``the requester'' in 
their place; and by adding the words ``of this subpart'' immediately 
after the words ``appendix A''.
    e. Paragraph (f) would be amended by removing the words 
``nonagency-specific, i.e., are''; and by removing the words ``Office 
of Governmental and Public Affairs, Office of Information, Special 
Programs Division'' and adding the words ``Office of Communications'' 
in their place.
    f. Paragraph (g) would be amended by removing the word 
``(agencies)'' and adding the words ``or agencies'' in its place; and 
by removing the words ``The unit'' and adding the words ``The central 
processing unit'' in their place.
    g. Paragraph (h) would be revised to read as set forth below.


Sec. 1.6  Requests for records.

* * * * *
    (h) Each agency shall develop and maintain a record of all written 
and oral requests and appeals received in that agency. The record shall 
include the name of the requester; a brief summary of the information 
requested; whether the request or appeal was granted, denied, or 
partially denied; the exemption from mandatory disclosure under 5 
U.S.C. 552(b) upon which any

[[Page 38660]]

denial was based; and the amount of any fees associated with the 
request or appeal.


Sec. 1.8  [Amended]

    8. Section 1.8 would be amended as follows:
    a. In paragraph (a) introductory text, the third sentence would be 
amended by removing the words ``it grants'' and adding the words ``the 
agency grants'' in their place.
    b. Paragraph (b) would be amended by removing the word ``insure'' 
and adding the word ``ensure'' in its place; and by adding the words 
``reasonably segregable'' immediately before the word ``nonexempt''.
    c. In paragraph (d) introductory text, the third sentence would be 
amended by removing the words ``it grants'' and adding the words ``the 
agency grants'' in their place.
    d. In paragraph (e), the sentence would be amended by removing the 
word ``Agencies'' and adding the words ``Each agency'' in its place; by 
removing the word ``thereof'' and adding the words ``of the fee'' in 
its place; in the third sentence, by removing the words ``In instances 
where'' and adding the word ``If'' in their place; and by removing the 
word ``likewise''.
    e. Paragraph (f) would be amended by removing the words ``the 
forwarding of copies'' and adding the words ``providing copies of the 
records'' in their place.
    f. Paragraph (g) would be amended by adding the words ``of this 
subpart'' immediately after the words ``appendix A'' both times they 
appear; and, in the second sentence, by removing the words ``Similarly, 
as a matter of policy, where'' and adding the word ``If'' in their 
place.
    9. Section 1.9 would be amended as follows:
    a. Paragraph (a) would be amended by removing the words ``They 
include'' and adding the words ``Search services include'' in their 
place; and by removing the words ``They also include'' and adding their 
words ``Search services also include'' in their place.
    b. Paragraph (c) would be removed.
    c. Paragraph (b) would be revised to read as set forth below.


Sec. 1.9  Search services.

* * * * *
    (b) Search services do not include the time spent locating a record 
if the record is in its normal location in a file or other facility or 
the review of records to determine whether the records are exempt.
    10. Section 1.10 would be amended as follows:
    a. Paragraph (a) would be amended by removing the word 
``documents'' and adding the word ``records'' in its place; by adding 
the words ``of this subpart'' immediately after the words ``appendix 
A''; and by removing the word ``document'' and adding the word 
``record'' in its place.
    b. Paragraph (b) would be amended by removing the word 
``documents'' and adding the word ``records'' in its place both times 
it appears.
    c. Paragraph (c) would be revised to read as set forth below.


Sec. 1.10  Review services.

* * * * *
    (c) Review services do not include the time spent resolving general 
legal or policy issues regarding the application of exemptions.


Sec. 1.11  [Amended]

    11. In Sec. 1.11, paragraph (a) introductory text would be amended 
by removing the words ``Whenever a request (including any `demand' as 
defined in Sec. 1.21)'' and adding the words ``If a request (including 
a subpoena duces tecum as described in Sec. 1.215)'' in their place.


Sec. 1.13  [Amended]

    12. Section 1.13 would be amended as follows:
    a. In paragraph (b), the last sentence would be amended by removing 
the words ``Assistant General Counsel.'' and adding the words 
``Assistant General Counsel, Research and Operations Division, Office 
of the General Counsel.'' in their place.
    b. Paragraph (c) would be amended by adding the words ``, Research 
and Operations Division, Office of the General Counsel,'' immediately 
after the words ``Assistant General Counsel''; by removing the words 
``Office of Governmental and Public Affairs'' and adding the words 
``Office of Communications'' in their place; and by removing the word 
``thereof'' and adding the words ``of the administrative deadline'' in 
its place.


Sec. 1.14  [Amended]

    13. Section 1.14 would be amended to read as follows:
    a. Paragraph (a) would be amended by removing the word 
``dispatched'' and adding the words ``sent to the requester'' in its 
place.
    b. Paragraph (b)(3) would be amended by removing the word 
``therein'' and adding the words ``in the request'' in its place; and 
by removing the words ``Office of Governmental and Public Affairs'' and 
adding the words ``Office of Communications'' in their place.
    14. Section 1.16 would be revised to read as follows:


Sec. 1.16  Fee schedule.

    Pursuant to Sec. 2.28 of this title, the Chief Financial Officer is 
delegated authority to promulgate regulations providing for a uniform 
fee schedule applicable to all agencies of the Department regarding 
requests for records under this subpart. The regulations providing for 
a uniform fee schedule are found in appendix A of this subpart.


Sec. 1.18  [Amended]

    15. Section 1.18 would be amended as follows:
    a. Paragraph (a)(7) would be amended by removing the word 
``fully''.
    b. Paragraph (b) would be amended by removing the words ``Director 
of Information, Office of Governmental and Public Affairs'' and adding 
the words ``Director of Communications, Office of Communications'' in 
their place.
    c. Paragraph (c) would be amended by removing the words ``Director 
of Information'' and adding the words ``Director of Communications, 
Office of Communications'' in their place; and by removing the 
reference ``5 U.S.C. 552(d)'' and adding the reference ``5 U.S.C. 
552(e)'' in its place.

Appendix A of Subpart A [Amended]

    16. Appendix A of subpart A would be amended as follows:
    a. Section 1 would be amended by removing the word ``documents'' 
and adding the word ``records'' in its place.
    b. In Sec. 2, the first sentence would be amended by adding the 
words ``of this appendix'' immediately after the words ``section 5'' 
and by removing the word ``document'' and adding the word ``record'' in 
its place; in the second sentence, by removing the words ``in 
certifying'' and adding the word ``certifying'' in their place and by 
removing the words ``in sending'' and adding the word ``sending'' in 
their place; and in the third sentence, by removing the word 
``schedule'' and adding the word ``appendix'' in its place.
    c. In Sec. 3, paragraph (a) would be amended by removing the word 
``documents'' and adding the word ``records'' in its place; by removing 
the words ``as specified below in section 5'' and adding the words ``as 
specified in section 5 of this appendix'' in their place; by removing 
the word ``information'' and adding the word ``records'' in its place; 
and by adding the words ``of this appendix'' immediately after the 
reference to ``section 4(e)''.

[[Page 38661]]

    d. In Sec. 3, paragraph (b) would be amended by removing the words 
``Also, no'' and adding the word ``No'' in their place.
    e. In Sec. 3, paragraph (c) would be amended by removing the words 
``In addition, fees'' and adding the word ``Fees'' in their place.
    f. In Sec. 3, paragraph (d) introductory text would be amended by 
removing the word ``Documents'' and adding the word ``Records'' in its 
place; and in paragraph d(2) by removing the word ``free'' and adding 
the word ``fee'' in its place.
    g. In Sec. 4, paragraph (c) would be amended by removing the word 
``information'' and adding the word ``records'' in its place; and by 
removing the word ``document(s)'' and adding the word ``records'' in 
its place.
    h. In Sec. 4, paragraph (j) would be amended by removing the words 
``as amended (5 U.S.C. 552),''; by adding the words ``of this 
appendix'' immediately after the reference to ``section 6''; and by 
removing the word ``schedule'' and adding the word ``appendix'' in its 
place.
    i. In Sec. 4, paragraph (k) would be amended by removing the word 
``schedule'' and adding the word ``appendix'' in its place; and by 
removing the words ``(formerly 31 U.S.C. 483a)''.
    j. Section 5 introductory text would be amended by removing the 
words ``as amended,''; and by removing the words ``The Act'' and adding 
the word ``FOIA'' in their place.
    k. In Sec. 5, paragraph (a) introductory text would be amended by 
adding the words ``of this appendix'' immediately after the reference 
to ``section 3(a)''; and in paragraph (a)(2) by removing the word 
``documents'' and adding the word ``records'' in its place.
    l. In Sec. 5, paragraph (b)(2) would be amended by adding the words 
``of this appendix'' immediately after the reference ``(see section 
5(a)(1))''.
    m. In Sec. 5, paragraph (d) would be amended by removing the words 
``any of the above categories'' and adding the words ``the categories 
described in paragraphs (a), (b), or (c) of this section'' in their 
place; by removing the word ``documents'' and adding the word 
``records'' in its place; and by adding the words ``of this appendix'' 
immediately after the reference to ``section 4(e)''.
    n. In Sec. 6, paragraph (a) introductory text would be amended by 
revising the first sentence to read, ``Agencies shall waive or reduce 
fees on request for records if disclosure of information in the records 
is deemed to be in the public interest.''.
    o. In Sec. 6, paragraph (a)(1)(v) would be amended by removing the 
words ``, if so,''.
    p. In Sec. 6, paragraph (a)(3)(i) would be amended by removing the 
word ``information'' and adding the word ``records'' in its place.
    q. In Sec. 6, paragraph (a)(3)(ii) would be amended by removing the 
word ``recipient'' and adding the word ``requester'' in its place.
    r. In Sec. 8, paragraph (d) would be amended by removing the word 
``below'' and adding the words ``in section 9 of this appendix'' in its 
place.
    s. Section 9 would be amended by removing the reference ``section 
3717 of title 31 U.S.C.'' and adding the reference ``31 U.S.C. 3717'' 
in its place.
    t. Section 10 would be amended by removing the reference ``the 
provisions of 31 U.S.C. 3701, 3711-3719'' and adding the reference ``31 
U.S.C. 3701, 3711-3720A'' in its place.
    u. In Sec. 13, the heading would be amended by removing the word 
``photographic''.
    v. Section 13 introductory text would be amended by removing the 
words ``this action to be'' and adding the words ``that furnishing free 
reproductions is'' in their place.
    w. In Sec. 13, paragraph (a) would be amended by removing the words 
``Press, radio, television, and newsreel representatives'' and adding 
the words ``Representatives of the news media'' in their place.
    x. Section 17 introductory text would be amended by removing the 
word ``here'' and adding the words ``in this section'' in its place.
    y. In Sec. 17, the fourth sentence of paragraph (a) would be 
amended by removing the words ``fee schedule'' and adding the word 
``appendix'' in their place; and by removing the words ``National 
Agricultural Library, Room 111, Information Access Division, USDA, 
Beltsville, Maryland 20705 (301-344-3834)'' and adding the words 
``National Agricultural Library, Agricultural Research Service, USDA, 
Document Delivery Services Branch, 10301 Baltimore Boulevard, 
Beltsville, Maryland 20705-2351 (301-504-6503)'' in their place.
    z. In Sec. 17, paragraph (c) would be amended by removing the word 
``below'' and adding the words ``in this paragraph'' in its place.
    aa. In Sec. 17, paragraph (d) would be amended by removing the word 
``below'' and adding the words ``in this paragraph'' in its place.
    bb. Section 11 including the heading would be revised to read as 
set forth below.
    cc. Section 12 would be revised to read as set forth below.
    dd. In Sec. 17, paragraph (e) would be revised to read as set forth 
below.

Appendix A--Fee Schedule

* * * * *

Section 11. Photographic and digital reproductions of microfilm, 
aerial imagery, and maps.

    Microfilm, aerial imagery, and maps that have been obtained in 
connection with the authorized work of this Department may be sold 
at the estimated cost of furnishing reproductions of these records, 
using photographic, digital, or other methods of reproduction as 
prescribed in this appendix.

Section 12. Agencies which furnish photographic reproductions.

    (a) Aerial photographic reproductions. The agencies of the 
Department identified in this paragraph furnish aerial photographic 
reproductions.
    (1) Farm Service Agency (FSA), APFO, USDA-FSA, 2222 West 2300 
South, P.O. Box 30010, Salt Lake City, Utah 84125.
    (2) Natural Resources Conservation Service (NRCS), National 
Cartography and Geospatial Center, 501 Felix Street, Building 23, 
Fort Worth, Texas 76115, or a cartographic facility in any NRCS 
Technical Service Center.
    (b) Other photographic reproductions. Photographic reproductions 
other than aerial photographic reproductions may be obtained from 
the agencies of the Department identified in this paragraph.
    (1) Farm Service Agency (FSA), Aerial Photography Field Office, 
USDA-FSA, 2222 West 2300 South, PO. Box 30010, Salt Lake City, Utah 
84125.
    (2) Forest Service (FS), USDA, PO. Box 96090, Washington, DC. 
20090-6090, or a FS Regional Office.
    (3) National Agricultural Library, Agricultural Research 
Service, USDA, Document Delivery Services Branch, 10301 Baltimore 
Boulevard, Beltsville, Maryland 20705-2351.
    (4) Natural Resources Conservation Service, National Cartography 
and Geospatial Center, 501 Felix Street, Building 23, Fort Worth, 
Texas 76115.
    (5) Office of Communications, Photography Division, Room 4407 
South Building, Washington, DC. 20250.
* * * * *

Section 17. Reproduction prices.

* * * * *
    (e) Special needs. For special needs not covered elsewhere in 
this section, persons desiring aerial photographic reproductions 
should contact the aerial photography coordinator, Farm Service 
Agency (FSA), Aerial Photography Field Office, USDA-FSA, 2222 West 
2300 South, PO. Box 30010, Salt Lake City, Utah 84125.
* * * * *

Subpart G--Privacy Act Regulations

    17. The authority citation for part 1, subpart G, would be revised 
to read as follows:


[[Page 38662]]


    Authority: 5 U.S.C. 301 and 552a; 31 U.S.C. 9701.


Sec. 1.110  [Amended]

    18. Section 1.110 would be amended by removing the word ``It'' and 
adding the words ``This subpart'' in its place; and by removing the 
words ``the Act'' and adding the words ``the Privacy Act'' in their 
place both times they appear.


Sec. 1.112  [Amended]

    19. In Sec. 1.112, paragraph (a) introductory text would be amended 
by adding the words ``or her'' immediately after the word ``him''.


Sec. 1.113  [Amended]

    20. Section 1.113 would be amended as follows:
    a. Paragraph (a) would be amended by adding the words ``or her'' 
immediately after the word ``him''; and by adding the words ``or 
herself'' immediately after the word ``himself''.
    b. In paragraph (b), the first sentence would be amended by 
removing the words ``he is'' and adding the words ``the requester is'' 
in their place; in the second sentence, by removing the words ``he 
shall'' and adding the words ``the requester shall'' in their place; by 
removing the word ``his'' and adding the words ``the requester's'' in 
its place; by removing the words ``he understands'' and adding the 
words ``the requester understands'' in their place; and, in the last 
sentence by removing the words ``when the records are ones whose 
disclosure is required by 5 U.S.C. 552'' and adding the words ``if the 
records are required by 5 U.S.C. 552 to be released'' in their place.
    c. Paragraph (c) would be amended by removing the words ``him via'' 
and adding the words ``himself or herself by'' in their place; by 
removing the words ``him during'' and adding the words ``the requester 
during'' in their place; and by removing the words ``their presence'' 
and adding the words ``the presence of such other person or persons'' 
in their place.
    d. Paragraph (d) would be amended by removing the words ``to him'' 
and adding the words ``to the requester'' in their place; by removing 
the words ``him copies'' and adding the words ``the requester copies'' 
in their place; and by removing the word ``thereof'' and adding the 
words ``of those records'' in its place.
    e. In paragraph (e), the first sentence would be amended by 
removing the words ``he shall'' and adding the words ``the requester 
shall'' in their place; by removing the words ``his request'' and 
adding the words ``his or her request'' in their place; by removing the 
words ``his identity'' and adding the words ``the requester's 
identity'' in their place; in the second sentence, by removing the 
words ``he is'' and adding the words ``the requester is'' in their 
place; by removing the words ``he understands'' and adding the words 
``the requester understands'' in their place; and in the third 
sentence, by removing the words ``when the records are ones whose 
disclosure is required by 5 U.S.C. 552'' and adding the words ``if the 
records are required by 5 U.S.C. 552 to be released'' in their place.


Sec. 1.114  [Amended]

    21. Section 1.114 would be amended as follows:
    a. Paragraph (d) would be amended by removing the word ``he'' and 
adding the words ``the system manager'' in its place both times it 
appears.
    b. Paragraph (e) would be amended by removing the word ``he'' and 
adding the words ``the head of the agency'' in its place; by removing 
the word ``therefor'' and adding the words ``for the determination'' in 
its place; and by removing the word ``his'' and adding the words ``the 
requester's in its place.


Sec. 1.116  [Amended]

    22. Section 1.116 would be amended as follows:
    a. Paragraph (a) introductory text would be amended by adding the 
words ``or her'' immediately after the word ``him''.
    b. Paragraph (b) would be amended by removing the reference ``5 
U.S.C. 552(e) (1) and (5)'' and adding the reference ``5 U.S.C. 552a(e) 
(1) and (5)'' in its place.


Sec. 1.117  [Amended]

    23. Section 1.117 would be amended as follows:
    a. Paragraph (a) introductory text would be amended by removing the 
word ``It'' and adding the words ``The agency'' in its place.
    b. In paragraph (a)(2), the first sentence would be amended by 
removing the word ``his'' and adding the word ``the'' in its place; and 
by removing the word ``he'' and adding the words ``the requester'' in 
its place.
    c. Paragraph (b) would be amended by removing the word ``therefor'' 
and adding the words ``for the inability to comply with paragraphs 
(a)(1) or (a)(2) of this section within 30 days,'' in its place.
    d. Paragraph (d)(3) would be amended by removing the words ``and 
where'' and adding the word ``if'' in their place.
    e. Paragraph (e)(2) would be amended by removing the word 
``therefor'' and adding the words ``for the determination not to grant 
all or a portion of the request for correction or amendment'' in its 
place.
    f. Paragraph (e)(3) would be amended by adding the words ``or she'' 
immediately after the word ``he''.


Sec. 1.118  [Amended]

    24. Section 1.118 would be amended as follows:
    a. Paragraph (c) would be amended by removing the word ``his'' and 
adding the word ``a'' in its place.
    b. Paragraph (d) would be amended by removing the word ``he'' and 
adding the words ``the head of the agency'' in its place.
    c. Paragraph (e) introductory text would be amended by removing the 
word ``he'' and adding the words ``the head of the agency'' in its 
place.
    d. Paragraph (e)(1) would be amended by removing the word 
``therefor'' and adding the words ``for the determination'' in its 
place.
    e. Paragraph (e)(2) would be amended by removing the word ``his'' 
and adding the words ``the requester's'' in its place.


Sec. 1.121  [Amended]

    25. Section 1.121 would be amended by removing the words 
``enumerated acts'' and adding the words ``acts enumerated in 5 U.S.C. 
552a(i)'' in their place; by removing the words ``on or after September 
27, 1995,''; and by removing the reference ``5 U.S.C. 552a(m)'' and 
adding the reference ``5 U.S.C. 552a(m)(1)'' in its place.


Sec. 1.122  [Amended]

    26. Section 1.122 would be amended by removing the word ``thereof'' 
and adding the words ``of systems of records'' in its place; by 
removing the word ``below'' and adding the words ``in this section'' in 
its place.


Sec. 1.123  [Amended]

    27. Section 1.123 would be amended as follows:
    a. The introductory text would be amended by removing the word 
``thereof'' and adding the words ``of systems of records'' in its 
place; by removing the word ``below'' and adding the words ``in this 
section'' in its place.
    b. By removing the heading ``AGRICULTURAL STABILIZATION AND 
CONSERVATION SERVICE'' and adding the heading ``FARM SERVICE AGENCY'' 
in its place.
    c. By removing the heading ``FARMERS HOME ADMINISTRATION'' and 
removing the words ``Credit Report File, USDA/FmHa-3''.
    d. By removing the heading ``FEDERAL GRAIN INSPECTION SERVICE'' and 
adding the heading

[[Page 38663]]

``GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION'' in its 
place.
    e. By removing the heading ``FOOD AND NUTRITION SERVICE'' and 
adding the heading ``FOOD AND CONSUMER SERVICES'' in its place.
    f. By removing, under the subheading Community Development 
Division, the words ``Farmers Home Administration (FmHA) General Case 
Files, USDA/OGC-12.'' and adding the words ``Farm Service Agency (FSA) 
General Case Files, USDA/OGC-12a. Rural Housing Service (RHS) General 
Case Files, USDA/OGC-12b. Rural Business-Cooperative Development 
Service (RBS) General Case Files, USDA/OGC-12c. Federal Crop Insurance 
Corporation (FCIC) Cases, USDA/OGC-16.'' in their place.
    g. By removing the subheading Foreign Agriculture and Commodity 
Stabilization Division and adding the subheading International Affairs 
and Commodity Programs Division in its place.
    h. By removing under the newly designated subheading International 
Affairs and Commodity Programs Division the words ``Federal Crop 
Insurance Corporation (FCIC) Cases, USDA/OGC-16.''
    i. By removing the subheading ``Packers and Stockyards Division and 
adding the subheading Trade Practices Division in its place.

Appendix A of Subpart G--INTERNAL DIRECTIVES [Amended]

    28. Appendix A of subpart G would be amended as follows:
    a. In Sec. 1, paragraph (c) introductory text would be amended by 
adding the words ``, of'' immediately before the colon.
    b. In Sec. 1, paragraph (c)(4) would be amended by removing the 
word ``him'' and adding the words ``the individual'' in its place.
    c. In Sec. 1, paragraph (d)(7) would be amended by adding the words 
``or her'' immediately after the word ``his''; and by removing the word 
``him'' and adding the words ``the individual'' in its place.
    d. In Sec. 1, paragraph (d)(8) would be amended by adding the words 
``or her'' immediately after the word ``his''; by removing the word 
``he'' and adding the words ``the individual'' in its place both times 
in appears; and by adding the words ``or her'' immediately after the 
word ``him''.
    e. In Sec. 2, paragraph (a) would be amended by removing the words 
``insure that 30'' and adding the words ``ensure that at least 30'' in 
their place.
    f. In Sec. 3, paragraph (c) would be amended by removing the word 
``above'' and adding the words ``required under paragraph (a) of this 
section'' in its place; and by adding the words ``or her'' immediately 
after the word ``his''.
    g. In Sec. 4, by removing the words ``, if such contract is agreed 
to on or after September 27, 1975,''; and by removing the words ``that 
section'' and adding the reference ``5 U.S.C. 552a(i)'' in their place.
    h. In Sec. 6, paragraph (a) would be amended by adding the words 
``on her'' immediately after the word ``his''.
    i. In Sec. 6, paragraph (b) introductory text would be amended by 
removing the words ``The provisions of paragraph (a) of this Section'' 
and by adding the words ``Paragraph (a) of this section'' in their 
place.
    j. In Sec. 6, paragraph (c) would be amended by adding the words 
``or her'' immediately after the words ``his''.
    k. Section 7 introductory paragraph would be amended by removing 
the words ``(beginning March 30, 1976)''.
    l. Section 8 would be amended by removing the words ``the 
provisions of''.

    Done in Washington, DC., this 16th day of July 1996.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 96-18860 Filed 7-24-96; 8:45 am]
BILLING CODE 3410-01-M