[Federal Register Volume 62, Number 55 (Friday, March 21, 1997)]
[Rules and Regulations]
[Pages 13539-13540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6783]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 200


Organization, Functions, and Procedures; Information Availability

AGENCY: Forest Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: This technical amendment streamlines the rules for obtaining 
information from the Forest Service by combining related sections into 
a single rule and by making editorial changes to clarify the procedures 
by which the public may obtain agency information. The need for this 
revision became apparent when the agency reviewed its regulations as 
part of the President's Regulatory Reinvention Initiative. The intended 
effect is to make the rule easier to use and understand.

EFFECTIVE DATE: This rule is effective March 21, 1997.

FOR FURTHER INFORMATION CONTACT: Naomi Charboneau, Freedom of 
Information Act Staff, telephone: (703) 235-9488.


[[Page 13540]]


SUPPLEMENTARY INFORMATION: Current regulations at Sec. 200.5, 
Sec. 200.7, Sec. 200.8, and Sec. 200.9 of Title 36 of the Code of 
Federal Regulations provide guidance for locating, inspecting, and 
copying Forest Service information. As part of the President's 
Regulatory Reinvention Initiative, an agency review team determined 
that these four small regulations could be combined to provide one 
streamlined regulation for viewing and obtaining information. In 
addition, minor revisions have been made to clarify longstanding 
procedures for requesting information and for clarifying when fees are 
assessed for copies of records and agency publications. As a result of 
combining these rules, sections 200.10 and 200.11 will be redesignated 
as Secs. 200.7 and 200.8 respectively. No substantive changes have been 
made to the agency's policies on access to information.

List of Subjects in 36 CFR Part 200

    Administrative practice and procedure, Freedom of information, 
Organization and functions (Government agencies).

    Therefore, for the reasons set forth in the preamble, Part 200 of 
Title 36 of the Code of Federal Regulations is hereby amended as 
follows:

PART 200--[AMENDED]

    1. The authority citation for Part 200 is revised to read as 
follows:

    Authority: 5 U.S.C. 552; 16 U.S.C. 472, 551, and 1603.

    2. In part 200, Secs. 200.6 and 200.5 are redesignated as 
Secs. 200.5 and 200.6, respectively, and newly designated Sec. 200.6 is 
revised to read as follows:


Sec. 200.6  Information available; inspection, copying, and charges.

    (a) In accordance with 5 U.S.C. 552(a) and 7 CFR 1.2, the Forest 
Service shall make available for public inspection and copying all 
published or unpublished directives, forms, records, and final 
opinions, including concurring or dissenting opinions and orders made 
in the adjudication of cases. Charges for information requested from 
the Forest Service are set out in paragraph (d) of this section and 
vary according to the type of information requested.
    (b) Information made available pursuant to paragraph (a) of this 
section may be obtained at the Office of the Chief, or the office of 
any Regional Forester, Research Station Director, Area Director, 
Institute Director, Forest Supervisor, or District Ranger. The 
addresses of these offices are set forth in Secs. 200.1 and 200.2. 
Forest Service personnel at these offices will assist members of the 
public seeking Forest Service records. However, Research Station and 
Institute Directors and District Rangers may not have all volumes of 
the Forest Service Manual and Handbooks. When the information requested 
is not available at a given location, the personnel where the request 
is received will direct the requester to another office where the 
information may be obtained.
    (c) Inspection and copying availability is as follows:
    (1) Facilities for inspection and copying are available at the 
offices listed in Secs. 200.1 and 200.2, during established office 
hours for the particular location, usually 8 a.m. to 5 p.m., Monday 
through Friday. Copying facilities may not be available at all Forest 
Service offices.
    (2) Requesters for information may make copies of available 
information without charge if they elect to bring their own copy 
equipment to the appropriate offices listed in Secs. 200.1 and 200.2.
    (3) Requesters should make prior arrangements for using agency 
copying facilities or for bringing in copying equipment and, in the 
later case, should get advance approval from the office.
    (d) Any request for information pursuant to the provisions of the 
Freedom of Information Act must be submitted in accordance with 
Secs. 200.7 and 200.8. The Forest Service charges a fee for copies of 
records not generally made available to the public but released 
pursuant to a FOIA request in accordance with a schedule of fees 
established by the Department of Agriculture at 7 CFR Part 1, Subpart 
A, Appendix A. These fees do not apply to information that is generally 
and routinely made available to the public upon request, such as 
recreational brochures, pamphlets, maps, and technical guides as well 
as agency directive issuances. Separate charges for such general 
information are established in the agency's Directive System 
(Sec. 200.4). For example, some pamphlets and small segments of the 
Forest Service Manual and Handbook may be provided at no cost, but maps 
of the National Forest System and larger sections of the Manual and 
Handbook are available for a charge. Current charges are explained at 
the time the request is made.


Secs. 200.7, 200.8, and 200.9  [Removed]


Secs. 200.10 and 200.11  [Redesignated as Secs. 200.7 and 200.8]

    3. Remove Secs. 200.7 through 200.9 and redesignate Secs. 200.10 
and 200.11 as Secs. 200.7 and 200.8, respectively.

    Dated: March 7, 1997.
Barbara C. Weber,
Acting Chief.
[FR Doc. 97-6783 Filed 3-20-97; 8:45 am]
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