[Federal Register Volume 62, Number 121 (Tuesday, June 24, 1997)]
[Rules and Regulations]
[Pages 33977-33982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16414]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Department of Agriculture (USDA or the
Department) is amending its regulations pertaining to the Freedom of
Information and Privacy Acts to make corrections, clarifications,
updates, and to remove unnecessary regulations. This action is part of
the USDA regulatory reinvention initiative to improve its regulations.
EFFECTIVE DATE: July 24, 1997.
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, DC 20250-1400, (202) 720-2003. Regarding
general information on USDA's ``reinvention 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, DC 20250-1400, (202) 720-1516.
SUPPLEMENTARY INFORMATION: The President directed 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regulations and to eliminate or revise those that are outdated or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 USDA review identified the
Department's Administrative Regulations--Official Records (7 CFR, part
1, subpart A) and Administrative Regulations--Privacy Act Regulations
(7 CFR, part 1, subpart G) as two regulations that needed to be
revised.
The regulations in 7 CFR, part 1, subpart A (Administrative
Regulations--Official Records) establish 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. The regulations
also provide rules pertaining to the disclosure of records pursuant to
compulsory process and serve as the implementing regulations for the
Office of the Secretary and for the office within the Department having
primary responsibility for the FOIA.
The regulations in 7 CFR, part 1, subpart G (Administrative
Regulations--Privacy Act Regulations), contain the regulations of the
Department implementing the Privacy Act of 1974, 5 U.S.C. 552a. The
regulations set forth the basic responsibilities of each agency of the
Department with regard to USDA's compliance with the requirements of
the Privacy Act, and offer guidance to members of the public who wish
to exercise any of the rights created by the Act with regard to records
maintained by an agency of USDA.
On July 25, 1996, we published, in the Federal Register (61 FR
38657-38663), a proposed rule to amend the regulations to 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; reflect changes in statutes and USDA
policy; remove gender specific references; remove unnecessary
regulations; and make minor, nonsubstantive changes for clarity. We
solicited comments concerning our proposal for 60 days ending on
September 23, 1996.
We received two sets of comments. One was from a Freedom of
Information Act/Privacy Act officer of one of the Department's
subagencies; the other commenter did not identify himself or herself.
The commenters supported the proposed rule, but offered suggestions or
sought clarification regarding the proposed changes.
One commenter asked, in regard to Sec. 1.9(b) of the FOIA
regulations (7 CFR 1.9(b)), whether the regulation was omitting a page-
by-page or line-by-line search for the identification of the requested
information or material within records for purposes of charging the
requester for search services. The commenter noted that sometimes a
requester is seeking specific records or information located within a
file which contains several drawers full of material. The requester,
stated the commenter, wants the particular records or information but
does not want a copy of the entire file. However, to locate the
particular records or information contained in the file may require
searching the entire file page-by-page or line-by-line.
This final rule does not change the requirements regarding ``search
services'' in Sec. 1.9(b). Search services are services of agency
personnel used in locating the requested records. Search services
include time spent examining records for the purpose of finding
information that is within the scope of the request as well as services
to transport personnel or records for the purpose of the search, if
such services are reasonable. 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. We proposed to amend the language of
Sec. 1.9(b) in order to more clearly state the Department's policy and
requirements regarding search services. We did not propose, and this
final rule does not make, any substantive changes to Sec. 1.9(b) of the
regulations. Accordingly, we have not made any change in response to
this comment.
The other commenter pointed out several typographical errors
contained in the proposed rule that needed to be corrected and
suggested other minor, non-substantive changes which should be made for
clarification. We agree with the commenter and have made these changes
to the regulations. This commenter also suggested that we change all
references to the words ``him,'' ``her,'' ``himself,'' or ``herself''
in the Department's Privacy Act regulations (7 CFR, part 1, subpart G)
to ``requester'' or ``individual.'' We agree with the commenter that
these words are appropriate, and should be used whenever possible. We
proposed to make these changes throughout the Privacy Act regulations,
and this final rule does so. However, in some instances, the use of
personal pronouns is both appropriate and necessary. We have made
changes to the regulations where appropriate.
In addition to the above, this final rule does not make the
proposed changes to Sec. 1.123 of the Department's Privacy Act
regulations. Section 1.123 contains the systems of records (or portions
thereof) maintained by agencies of the USDA that are exempted from some
of the provisions of the Privacy Act. The amendment of these exemption
regulations will be left to the individual agencies as they publish
amendments to their existing systems notices to reflect agency name
changes.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final
[[Page 33978]]
rule, with the changes discussed above and other minor, nonsubstantive
editorial changes.
Executive Order 12866 and Regulatory Flexibility Act
This final 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 rule corrects references to statutes, regulations, USDA
agencies, USDA officials, and the Administration Building; removes
gender specific references; removes unnecessary provisions; updates the
regulations to reflect changes that have been made in statutes and
policy since the regulations were last amended; and makes minor,
nonsubstantive changes for clarity. This action will not have any
economic impact.
Under these circumstances, the Secretary has determined that this
final rule will not have a significant economic impact on a substantial
number of small entities.
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This final rule: (1) Preempts all state and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
List of Subjects in 7 CFR Part 1
Administrative practice and procedure, Agriculture, Antitrust,
Blind, Claims, Concessions, Cooperatives, Equal access to justice,
Federal buildings and facilities, Freedom of information, Lawyers,
Privacy.
Accordingly, 7 CFR part 1, subpart A and subpart G, is amended as
follows:
PART 1--ADMINISTRATIVE REGULATIONS
Subpart A--Official Records
1. The authority citation for part 1, subpart A, is 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 is 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 is amended as follows:
a. Paragraph (a) is 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) is 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) is amended by removing the word
``thereto'' and adding the words ``to indexes'' in its place.
5. Section 1.4 is amended as follows:
a. Paragraph (a) introductory text is 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) are amended by removing the words
``Administration Building'' and adding the words ``Jamie L. Whitten
Federal Building'' in their place.
c. Paragraph (a)(3) is 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) is 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 is 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) is 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) is 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) is revised; and
i. Paragraph (b)(6) is revised to read as follows:
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 Deputy Director.
(6) The Office of Communications consists of nine divisions, each
headed by a director.
Sec. 1.5 [Amended]
6. In Sec. 1.5, paragraph (b) is 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 is amended as follows:
a. In paragraph (a), the second sentence is amended by removing the
words ``in his or her petition ask for a fee waiver if there is likely
to be a charge for the requested information'' and adding the words
``ask for a fee waiver'' in their place; in the third sentence, by
removing the words ``Office of Governmental and Public
[[Page 33979]]
Affairs'' and adding the words ``Office of Communications'' in their
place both times they appear; in the third sentence, by removing the
words ``Director of Information'' and adding the words ``Director of
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) is amended by removing the words ``etc., which''
and adding the words ``names of individuals, names of offices, and
names of agencies or other organizations that'' in their place.
c. In paragraph (c), the first sentence is 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) is 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) is 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) is 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 the Office of Communications'' in their place.
g. Paragraph (h) is revised to read as follows:
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 denial was based; and the amount of any
fees associated with the request or appeal.
Sec. 1.8 [Amended]
8. Section 1.8 is amended as follows:
a. In paragraph (a) introductory text, the third sentence is
amended by removing the words ``it grants'' and adding the words ``the
agency grants'' in their place.
b. Paragraph (b) is 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 is
amended by removing the words ``it grants'' and adding the words ``the
agency grants'' in their place.
d. In paragraph (e), the second sentence is 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) is amended by removing the words ``the forwarding
of copies'' and adding the words ``providing copies of the records'' in
their place.
f. Paragraph (g) is 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 is amended as follows:
a. Paragraph (a) is 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 the words ``Search
services also include'' in their place.
b. Paragraph (c) is removed.
c. Paragraph (b) is revised to read as follows:
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 is amended as follows:
a. Paragraph (a) is 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) is amended by removing the word ``documents'' and
adding the word ``records'' in its place both times it appears.
c. Paragraph (c) is revised to read as follows:
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 is 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 is amended as follows:
a. In paragraph (b), the last sentence is amended by removing the
words ``Assistant General Counsel.'' and adding the words ``Assistant
General Counsel, General Law Division, Office of the General Counsel.''
in their place.
b. Paragraph (c) is amended by adding the words ``, General Law
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 is amended to read as follows:
a. Paragraph (a) is amended by removing the word ``dispatched'' and
adding the words ``sent to the requester'' in its place.
b. Paragraph (b)(3) is 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 is 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 is amended as follows:
[[Page 33980]]
a. Paragraph (a)(7) is amended by removing the word ``fully''.
b. Paragraph (b) is 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) is 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 B--[Amended]
16. Appendix A of subpart A is amended as follows:
a. Section 1 is amended by removing the word ``documents'' and
adding the word ``records'' in its place.
b. In section 2, the first sentence is 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 section 3, paragraph (a) is 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)''.
d. In section 3, paragraph (b) is amended by removing the words
``Also, no'' and adding the word ``No'' in their place.
e. In section 3, paragraph (c) is amended by removing the words
``In addition, fees'' and adding the word ``Fees'' in their place.
f. In section 3, paragraph (d) introductory text is 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 section 4, paragraph (c) is 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 section 4, paragraph (j) is 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 section 4, paragraph (k) is 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 is amended by removing the words
``as amended,''; and by removing the words ``The Act'' and adding the
word ``FOIA'' in their place.
k. In section 5, paragraph (a) introductory text is 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 section 5, paragraph (b)(2) is amended by adding the words
``of this appendix'' immediately after the reference ``(see section
5(a)(1))''.
m. In section 5, paragraph (d) is 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 section 6, paragraph (a) introductory text is 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 section 6, paragraph (a)(1)(v) is amended by removing the
words ``, if so,''.
p. In section 6, paragraph (a)(3)(i) is amended by removing the
word ``information'' and adding the word ``records'' in its place.
q. In section 6, paragraph (a)(3)(ii) is amended by removing the
word ``recipient'' and adding the word ``requester'' in its place.
r. In section 8, paragraph (d) is amended by removing the word
``below'' and adding the words ``in section 9 of this appendix'' in its
place.
s. Section 9 is 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 is 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 section 13, the heading is amended by removing the word
``photographic''.
v. Section 13 introductory text is amended by removing the words
``this action to be'' and adding the words ``that furnishing free
reproductions is'' in their place.
w. In section 13, paragraph (a) is 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 is amended by removing the word
``here'' and adding the words ``in this section'' in its place.
y. In section 17, the fourth sentence of paragraph (a) is 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 section 17, paragraph (c) is amended by removing the word
``below'' and adding the words ``in this paragraph'' in its place.
aa. In section 17, paragraph (d) is amended by removing the word
``below'' and adding the words ``in this paragraph'' in its place.
bb. Section 11 is revised.
cc. Section 12 is revised; and
dd. In section 17, paragraph (e) is revised to read as foloows:
Appendix--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.
[[Page 33981]]
(1) Farm Service Agency (FSA), APFO, USDA-FSA, 2222 West 2300
South, PO 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, is revised to
read as follows:
Authority: 5 U.S.C. 301 and 552a; 31 U.S.C. 9701.
Sec. 1.110 [Amended]
18. Section 1.110 is 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 is amended by
adding the words ``or her'' immediately after the word ``him''.
Sec. 1.113 [Amended]
20. Section 1.113 is amended as follows:
a. Paragraph (a) is 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 is 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) is 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) is 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 is 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 is amended as follows:
a. Paragraph (d) is amended by removing the word ``he'' and adding
the words ``the system manager'' in its place both times it appears.
b. Paragraph (e) is 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 is amended as follows:
a. Paragraph (a) introductory text is amended by adding the words
``or her'' immediately after the word ``him''.
b. Paragraph (b) is 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 is amended as follows:
a. Paragraph (a) introductory text is amended by removing the word
``It'' and adding the words ``The agency'' in its place.
b. In paragraph (a)(2), the first sentence is 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) is 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) is amended by removing the words ``and where''
and adding the word ``if'' in their place.
e. Paragraph (e)(2) is 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) is amended by adding the words ``or she''
immediately after the word ``he''.
Sec. 1.118 [Amended]
24. Section 1.118 is amended as follows:
a. Paragraph (c) is amended by removing the word ``his'' and adding
the word ``a'' in its place.
b. Paragraph (d) is amended by removing the word ``he'' and adding
the words ``the head of the agency'' in its place.
c. Paragraph (e) introductory text is amended by removing the word
``he'' and adding the words ``the head of the agency'' in its place.
d. Paragraph (e)(1) is amended by removing the word ``therefore''
and
[[Page 33982]]
adding the words ``for the determination'' in its place.
e. Paragraph (e)(2) is amended by removing the word ``his'' and
adding the words ``the requester's'' in its place.
Sec. 1.121 [Amended]
25. Section 1.121 is 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, 1975,'';
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 is 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.
Appendix A--Internal Directives [Amended]
27. Appendix A of subpart G is amended as follows:
a. In section 1, paragraph (c) introductory text is amended by
adding the words ``, of'' immediately before the colon.
b. In section 1, paragraph (c)(4) is amended by removing the word
``him'' and adding the words ``the individual'' in its place.
c. In section 1, paragraph (d)(7) is 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 section 1, paragraph (d)(8) is 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
it appears; and by adding the words ``or her'' immediately after the
word ``him''.
e. In section 2, paragraph (a) is amended by removing the words
``insure that 30'' and adding the words ``ensure that at least 30'' in
their place.
f. In section 3, paragraph (c) is 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 section 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 section 6, paragraph (a) is amended by adding the words ``or
her'' immediately after the word ``his''.
i. In section 6, paragraph (b) introductory text is 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 section 6, paragraph (c) is amended by adding the words ``or
her'' immediately after the words ``his''.
k. Section 7 introductory paragraph is amended by removing the
words ``(beginning March 30, 1976)''.
l. Section 8 is amended by removing the words ``the provisions
of''.
Done in Washington, DC, this 17th day of June, 1997.
Dan Glickman,
Secretary of Agriculture.
[FR Doc. 97-16414 Filed 6-23-97; 8:45 am]
BILLING CODE 3410-01-P