[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Rules and Regulations]
[Pages 67693-67694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33828]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / 
Rules and Regulations  

[[Page 67693]]


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DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 412


Public Information

AGENCY: Federal Crop Insurance Corporation, USDA.

ACTION: Final rule.

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SUMMARY: The Federal Crop Insurance Corporation (FCIC) hereby revises 
and reissues the regulations governing the availability of information 
to the public found in 7 CFR part 412. The intended effect of this rule 
is to redesignate FCIC office from whom information may be requested by 
the public, and the location and type of information to the public.

EFFECTIVE DATE: This rule is effective December 30, 1997.

FOR FURTHER INFORMATION CONTACT: Donna Basset, Paralegal, Appeals, 
Litigation and Legal Liaison Staff, Risk Management Agency, United 
States Department of Agriculture, 1400 Independence Avenue, SW, STOP 
0807, room 6618-S, Washington, D.C., 20250-0803, telephone number (202) 
690-0679.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be exempt and, therefore, has not 
been reviewed by the Office of Management and Budget (OMB).

Paperwork Reduction Act of 1995

    In accordance with the Paperwork Reduction Act of 1995, this rule 
does not contain reporting or record keeping requirements subject to 
approval by the Office of Management and Budget.

Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for Federal agencies to assess the 
effects of their regulatory actions on State, local, and tribal 
governments and the private sector. This rule contains no Federal 
mandates (under the regulatory provisions of title II of the UMRA) for 
State, local, and tribal governments or the private sector. Therefore, 
this rule is not subject to the requirements of sections 202 and 205 of 
the UMRA.

Executive Order 12612

    It has been determined under section 6(a) of Executive Order No. 
12612, Federalism, that this rule does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. The 
provisions contained in this rule will not have a substantial direct 
effect on States or their political subdivisions, or on the 
distribution of power and responsibilities among the various levels of 
government.

Regulatory Flexibility Act

    This regulation will not have a significant economic impact on a 
substantial number of small entities. The rule makes only technical 
changes to the Public Information regulation to update and publish the 
offices from whom information may be requested by the public and the 
location. Therefore, this action is determined to be exempt from the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 605), and no 
Regulatory Flexibility Analysis was prepared.

Federal Assistance Program

    This program is listed in the Catalog of Federal Domestic 
Assistance under No. 10.450.

Executive Order 12372

    This program is not subject to the provisions of Executive Order 
12372, which require intergovernmental consultation with State and 
local officials. See the Notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115, June 24, 1983.

Executive Order 12988

    This final rule has been reviewed in accordance with Executive 
Order No. 12988 on civil justice reform. The provisions of this rule 
will not have retroactive effect. The provisions of this rule will 
preempt State and local laws to the extent such State and local laws 
are inconsistent herewith. The administrative appeal provisions 
contained herein must be exhausted before action against FCIC for 
judicial review may be brought.

Environmental Evaluation

    This action is not expected to have a significant impact on the 
quality of the human environment, health, and safety. Therefore, 
neither an Environmental Assessment nor an Environmental Impact 
Statement is needed.

National Performance Review

    This regulatory action is being taken as part of the National 
Performance Review Initiative to eliminate unnecessary or duplicative 
regulations and improve those that remain in force.

Background

    Under the Freedom of Information Act (FOIA) affirmative disclosure 
provisions contained in 5 U.S.C. 552 (a) (1) and (2), FCIC is required 
to make certain information regarding its organization, operations, and 
regulations available for public use so the public can deal with FCIC 
knowledgeably and effectively. The current regulations do not reflect 
the recent changes to the name and address of the FOIA Officer, changes 
in addresses and locations, and the type of information available to 
the public. These changes relate to internal agency management and 
personnel. The provisions of the Administrative Procedures Act 
concerning notice and opportunity for comment on agency rulemaking (5 
U.S.C. 553) do not apply to the promulgation of agency rules of 
organization, procedure, or practice. For this reason, these changes 
are made effective upon publication in the Federal Register.

List of Subjects in 7 CFR Part 412

    Administrative practice and procedure, Freedom of Information Act, 
Availability of information to the public.

Final Rule

    For the reasons set forth in the preamble, 7 CFR part 412 is 
revised to read as follows:

[[Page 67694]]

PART 412--PUBLIC INFORMATION--FREEDOM OF INFORMATION

Sec.  
412.1  General statement.
412.2  Public inspection and copying.
412.3  Index.
412.4  Requests for records.
412.5  Appeals.
412.6  Timing of responses to requests.

    Authority: 5 U.S.C. 552 and 7 U.S.C. 1506.


Sec. 412.1  General statement.

    This part is issued in accordance with the regulations of the 
Secretary of Agriculture published at 7 CFR 1.1-1.23, and appendix A, 
implementing the Freedom of Information Act (5 U.S.C. 552). The 
Secretary's regulations, as implemented by this part, and the Risk 
Management Agency (RMA) govern availability of records of the Federal 
Crop Insurance Corporation (FCIC) as administration of the crop 
insurance program for FCIC.


Sec. 412.2  Public inspection and copying.

    (a) Members of the public may request access to the information 
specified in Sec. 412.2(d) for inspection and copying.
    (b) To obtain access to specified information, the public should 
submit a written request, in accordance with 7 CFR 1.6, to the Appeals, 
Litigation and Legal Liaison Staff, Risk Management Agency, United 
States Department of Agriculture, 1400 Independence Avenue, SW, STOP 
0807, room 6618-S, Washington, DC, 20250-0807, from 9:00 a.m.--4:00 
pm., EDT Monday through Friday, except holidays.
    (c) When the information requested is not located at the office of 
the Appeals, Litigation and Legal Liaison Staff, the Appeals, 
Litigation and Legal Liaison Staff will direct the request to the 
appropriate office where the information can be obtained. The requester 
will be informed that the request has been forwarded to the appropriate 
office.
    (d) FCIC will make available for inspection and copying, unless 
otherwise exempt from publication under sections 552(a)(2)(C) and 
552(b):
    (1) Final opinions, including concurring and dissenting opinions 
and orders made in the adjudication of cases; and
    (2) Those statements of policy and interpretations that have been 
adopted by FCIC and RMA and are not published in the Federal Register; 
and
    (3) Administrative staff manuals and instructions to staff that 
affect a member of the public.


Sec. 412.3  Index.

    5 U.S.C. 552(a)(2) requires that each agency publish, or otherwise 
make available, a current index of all materials available for public 
inspection and copying. RMA and FCIC will maintain a current index 
providing identifying information for the public as to any material 
issued, adopted, or promulgated by the Agency since July 4, 1967, and 
required by section 552(a)(2). Pursuant to the Freedom of Information 
Act provisions, RMA and FCIC have determined that in view of the small 
number of public requests for such index, publication of such an index 
would be unnecessary and impracticable. Copies of the index will be 
available upon request in person or by mail at the address stated in 
Sec. 412.2(b).


Sec. 412.4  Requests for records.

    The Director of the Appeals, Litigation and Legal Liaison staff, 
RMA located at the above stated address, is the person authorized to 
receive Freedom of Information Act and to determine whether to grant or 
deny such requests in accordance with 7 CFR 1.8.


Sec. 412.5  Appeals.

    Any person whose request under Sec. 412.4 is denied shall have the 
right to appeal such denial. This appeal shall be submitted in 
accordance with 7 CFR 1.13 and addressed to the Manager, Federal Crop 
Insurance Corporation, United States Department of Agriculture, 1400 
Independence Avenue, SW, STOP 0807, room 6618-S, Washington, DC, 20250-
0807.


Sec. 412.6  Timing of responses to requests.

    (a) In general, FCIC will respond to requests according to their 
order of receipt.
    (b) Existing responsive documents or information may be maintained 
in RMA's field offices. Therefore, extra time may be necessary to 
search and collect the documents.

    Signed in Washington, D. C. on December 22, 1997.
Robert Prchal,
Acting Manager, Federal Crop Insurance Corporation.
[FR Doc. 97-33828 Filed 12-29-97; 8:45 am]
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