[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Rules and Regulations]
[Pages 45754-45755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23040]


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LEGAL SERVICES CORPORATION

45 CFR Part 1602


Procedures for Disclosure of Information Under the Freedom of 
Information Act

AGENCY: Legal Services Corporation.

ACTION: Final rule.

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SUMMARY: This final rule makes technical revisions to the Legal 
Services Corporation's (``Corporation'' or ``LSC'') rule concerning the 
disclosure of information under the Freedom of Information Act by 
revising the Corporation's address and deleting outdated references to 
regional offices. Other minor technical revisions are also made.

EFFECTIVE DATE: This final rule is effective on August 29, 1997.

FOR FURTHER INFORMATION CONTACT: Office of the General Counsel, (202) 
336-8817.

SUPPLEMENTARY INFORMATION: Pursuant to the Freedom of Information Act, 
the Corporation is required to publish current information in the 
Federal Register that provides guidance to the public regarding how to 
obtain information about and from the Corporation. See 5 U.S.C. 552. 
The Corporation's Operations and Regulations Committee (``Committee'') 
of the Corporation's Board of Directors (``Board'') met on July 13, 
1997, in Los Angeles, California, and voted to recommend technical 
changes to the rule so that it would conform to this FOIA requirement. 
On July 14, 1997, the changes were recommended to the Board, which 
adopted the revisions and directed that they be published as final with 
an effective date on the date of publication.
    This final rule makes several technical revisions to the 
Corporation's FOIA regulation to correct inaccurate and misleading 
information, so that the Corporation is in compliance with the FOIA. 
The corrections include changing the Corporation's address to reflect 
its current location and deleting references to regional offices that 
no longer exist. Related stylistic and grammatical changes are also 
made. None of the changes are substantive, and therefore the changes do 
not require a public notice and comment period. The revisions are 
effective on the date of publication.

List of Subjects in 45 CFR Part 1602

    Grant programs, Legal services.

    For the reasons set forth in the preamble, LSC amends 45 CFR part 
1602 to read as follows:

PART 1602--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE 
FREEDOM OF INFORMATION ACT

    1. The authority citation for part 1602 is revised to read as 
follows:

    Authority: 5 U.S.C. 552 and 42 U.S.C. 2996d(g).

    2. Section 1602.4 is revised to read as follows:


Sec. 1602.4  Index of records.

    The Corporation will maintain a current index identifying any 
matter within the scope of Sec. 1602.5(b) (1) through (3) which has 
been issued, adopted, or promulgated by the Corporation, and other 
information

[[Page 45755]]

published or made publicly available. The index will be maintained and 
made available for public inspection and copying at the Corporation's 
office in Washington, DC. The Corporation will provide a copy of the 
index on request, at a cost not to exceed the direct cost of 
duplication.
    3. Section 1602.5 is amended by revising paragraph (a) to read as 
follows:


Sec. 1602.5  Central records room.

    (a) The Corporation will maintain a central records room at its 
office at 750 First Street, NE. 11th Floor, Washington, DC 20002-4250. 
This room will be supervised by a Records Officer, and will be open 
during regular business hours of the Corporation for the convenience of 
members of the public in inspecting and copying records made available 
pursuant to this part. Certain records, described in paragraph (b) of 
this section, will be regularly maintained in or in close proximity to 
the records room, to facilitate access thereto by any member of the 
public.
* * * * *
    4. Section 1602.7 is amended by revising the heading and paragraph 
(b) to read as follows:


Sec. 1602.7  Use of records room.

* * * * *
    (b) The records room will also be available to any member of the 
public to inspect and copy records which are not regularly maintained 
in such room. To obtain such records a person should present his or her 
request identifying the records to the Records Officer. Because it will 
sometimes be impossible to produce these records or copies of them on 
short notice, a person who wishes to use records room facilities to 
inspect or copy such records is advised to arrange a time in advance, 
by telephone or letter request made to the Records Officer. Persons 
submitting requests by telephone will be advised by the Records Officer 
or another designated employee whether a written request would be 
advisable to aid in the identification and expeditious processing of 
the records sought. Persons submitting written requests should identify 
the records sought in the manner provided in Sec. 1602.8(b) and should 
indicate whether they wish to use the records room facilities on a 
specific date. The Records Officer will endeavor to advise the 
requesting party as promptly as possible if, for any reason, it may not 
be possible to make the records sought available on the date requested.
    5. Section 1602.8 is amended by revising paragraphs (a) and (b) (4) 
and (5) to read as follows:


Sec. 1602.8  Availability of records on request.

    (a) In addition to the records made available through the records 
room, the Corporation will make such records available to any person in 
accordance with paragraphs (b) and (c) of this section, unless it is 
determined that such records should be withheld and are exempt from 
mandatory disclosure under the FOIA and Sec. 1602.9 of these 
regulations.
    (b) Requests. * * *
    (4) All requests for records under this section shall be made in 
writing, with the envelope and the letter clearly marked ``Freedom of 
Information Request.'' All such requests shall be addressed to the 
Records Officer at the address given in Sec. 1602.5(a). Any request not 
marked and addressed as specified in this paragraph will be so marked 
by Corporation personnel as soon as it is properly identified, and 
forwarded immediately to the Records Officer. A request improperly 
addressed will not be deemed to have been received for purposes of the 
time period set forth in paragraph (c) of this section until forwarding 
has been effected. On receipt of an improperly addressed request, the 
Records Officer shall notify the requesting party of the date on which 
the time period commenced to run.
    (5) A person desiring to secure copies of records by mail should 
write to the Records Officer at the address given in Sec. 1602.5(a). 
The request must identify the records of which copies are sought in 
accordance with the requirements of this paragraph, and should indicate 
the number of copies desired. Fees may be required to be paid in 
advance in accordance with Sec. 1602.13. The requesting party will be 
advised of the estimated fee, if any, as promptly as possible. If a 
waiver of fees is requested, the grounds for such request should be 
included in the letter.
* * * * *
    5. Section 1602.12(a) is revised to read as follows:


Sec. 1602.12  Appeals of denial.

    (a) Any person whose written request has been denied is entitled to 
appeal the denial within ninety days by writing to the President of the 
Corporation at the address given in Sec. 1602.5(a). The envelope and 
letter should be clearly marked ``Freedom of Information Appeal.'' An 
appeal need not be in any particular form, but should adequately 
identify the denial, if possible, by describing the requested record, 
identifying the official who issued the denial, and providing the date 
on which the denial was issued.
* * * * *
    Dated: August 25, 1997.
Victor M. Fortuno,
General Counsel.
[FR Doc. 97-23040 Filed 8-28-97; 8:45 am]
BILLING CODE 7050-01-P