[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]


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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.

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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regulations and to eliminate or revise those that are outdated or 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