[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Rules and Regulations]
[Pages 44773-44774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22451]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 63, No. 162 / Friday, August 21, 1998 / Rules 
and Regulations  

[[Page 44773]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 11


Organization and Function

AGENCY: National Appeals Division, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document provides notice of the organization of the 
National Appeals Division (NAD) and provides information and addresses 
with respect to filing requests with NAD for information under the 
Freedom of Information Act (FOIA), 5 U.S.C. 552.

EFFECTIVE DATE: August 21, 1998.

FOR FURTHER INFORMATION CONTACT: C. Larry Shrum, National Appeals 
Division, U.S. Department of Agriculture, 3101 Park Center Drive, Suite 
1113, Alexandria, Virginia 22302, (703) 305-1020, FAX number (703) 305-
2108.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Under 7 CFR 1.3(a), the Secretary has required that all Department 
of Agriculture (USDA) agencies and staff offices publish FOIA 
regulations supplemental to USDA FOIA regulation at 7 CFR part 1 in 
order to provide the public with specific information as to where and 
how FOIA requests should be filed for individual agencies and staff 
offices.
    This final rule sets forth the organization of NAD and NAD 
regulations implementing the FOIA in accordance with 7 CFR 1.3(a).

Classification

    This rule is related to agency organization, management, procedure, 
and practice, and does not substantially affect the rights or 
obligations of non-agency parties. Accordingly, this rule is exempt 
from Administrative Procedure Act requirements for notice and comment 
rulemaking (5 U.S.C. 553(a) (2)) and Congressional reporting and review 
(5 U.S.C. Chapter 8) and may be made effective less than 30 days after 
publication in the Federal Register. Since this rule relates to 
internal agency management, it is also exempt from the provisions of 
Executive Order No. 12866. This action is not a rule as defined by the 
Regulatory Flexibility Act (5 U.S.C. 601, et seq.), and thus is exempt 
from the provisions of this Act. Finally, this final rule contains no 
information collection or recordkeeping requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35).

List of Subjects in 7 CFR Part 11

    Administrative practice and procedure, Agriculture, Agricultural 
commodities, Crop insurance, Ex parte communications, Farmers, Federal 
aid programs, Freedom of Information, Guaranteed loans, Insured loans, 
Loan programs, Price support programs, Soil conservation.

    For the reasons set out in the preamble, Title 7, part 11, of the 
Code of Federal Regulations is amended as set forth below:

PART 11--NATIONAL APPEALS DIVISION RULES OF PROCEDURES

    1. The authority citation for part 11, subpart A is as follows:

    Authority: 5 U.S.C. 301; Title II, Subtitle H, Pub. L. 103-354, 
101 Stat. 3223 (7 U.S.C. 6991 et. seq.); Reorganization Plan No. 2 
of 1953 (5 U.S.C. App.).

    2. The current text of 7 CFR Part 11 is redesignated as subpart A 
and a heading for subpart A is added to read as follows:

Subpart A--National Appeals Division Rules of Procedures

    3. Subparts B and C are added to read as follows:

Subpart B--Organization And Functions

Sec.
11.20  General statement.
11.21  Organization.
11.22  Functions.

    Authority: 5 U.S.C. 301 and 552; 7 CFR part 2.


Sec. 11.20  General statement.

    This subpart provides guidance for the general public as to the 
organization and functions of NAD.


Sec. 11.21  Organization.

    NAD was established on October 13, 1994. Delegation of authority to 
the Director, NAD, appears at Sec. 2.34 of this title. The organization 
is comprised of three regional offices: Eastern Regional Office, 
Indianapolis, Indiana; Southern Regional Office, Memphis, Tennessee; 
and Western Regional Office, Lakewood, Colorado; and the headquarters 
staff located in Alexandria, Virginia. NAD is headed by a Director. NAD 
is assigned responsibility for certain administrative appeals as set 
forth in subpart A of this part.


Sec. 11.22  Functions.

    (a) Director. Provides executive direction for NAD. The Director is 
responsible for developing and implementing nationwide plans, policies, 
and procedures for the timely and orderly hearing and disposition of 
appeals filed by individuals or entities in accordance with subpart A 
of this part. The Director will respond to all FOIA requests concerning 
appeal decisions and case records maintained by NAD.
    (b) Deputy Director for Hearings and Administration. Responsible 
for all administrative functions of NAD, including budget, 
correspondence, personnel, travel, equipment, and regulation review and 
development.
    (c) Deputy Director for Planning, Training, and Quality Control. 
Responsible for NAD strategic planning, including the organization's 
compliance with the Government Performance and Results Act, Pub. L. 
103-62, employee training, and the establishment and maintenance of a 
quality assurance program.
    (d) Assistant Directors for Regions. Responsible for oversight of 
the adjudication process for cases filed in the NAD regional offices. 
Assistant Directors ensure statutory and administrative time frames are 
met, and oversee the administrative functions, training, and 
supervision of the support staff located in the regional offices and 
the large dispersed staff of professional hearing officers located 
throughout the regions. The three regional offices serve as the 
custodian for all NAD determinations and case records.

[[Page 44774]]

Subpart C--Availability of Information to the Public

Sec.
11.30  General statement.
11.31  Public inspection and copying.
11.32  Initial request for records.
11.33  Appeals.
Appendix A--List of Addresses

    Authority: 5 U.S.C. 301 and 552; 7 CFR 1.1-1.16.


Sec. 11.30  General statement.

    This subpart implements the regulations of the Secretary of 
Agriculture at 7 CFR 1.1 through 1.16 concerning FOIA (5 U.S.C. 552). 
The Secretary's regulations, as implemented by the regulations in this 
part, govern the availability of the records of NAD to the public.


Sec. 11.31  Public inspection and copying.

    Section 1.5 of this title requires that certain materials be made 
available by each USDA agency for public inspection and copying in 
accordance with 5 U.S.C. 522(a)(2). Members of the public wishing to 
gain access to these NAD records should write to the appropriate 
address shown in Appendix A of this subpart.


Sec. 11.32  Initial requests for records.

    (a) Requests for NAD records should be in writing and addressed to 
the NAD official having custody of the records desired as indicated in 
Sec. 11.22(d). Addresses are found in Appendix A of this subpart. In 
his or her petition, the requester may ask for a fee waiver if there is 
likely to be a charge for the requested information. The criteria for 
waiver of fees are found in section 6 of appendix A, subpart A of part 
1 of this title. All requests for records shall be deemed to have been 
made pursuant to FOIA, regardless of whether FOIA is specifically 
mentioned. To facilitate processing of a request, the phrase ``FOIA 
REQUEST'' should be placed in capital letters on the front of the 
envelope.
    (b) A request must reasonably describe records to enable NAD 
personnel to locate them with reasonable effort. Where possible, a 
requester should supply specific information, such as dates, titles, 
appellant name or appeal number, that may help identify the records. If 
the request relates to a matter in pending litigation, the court and 
its location should be identified.
    (c) If NAD determines that a request does not reasonably describe 
the records, it shall inform the requester of this fact and extend the 
requester an opportunity to clarify the request or to confer promptly 
with knowledgeable NAD personnel to attempt to identify the records he 
or she is seeking. The ``date of receipt'' in such instances, for 
purposes of Sec. 1.12(a) of this title, shall be the date of receipt of 
the amended or clarified request.
    (d) Nothing in this subpart shall be interpreted to preclude NAD 
from honoring an oral request for information, but if the requester is 
dissatisfied with the response, the NAD official involved shall advise 
the requester to submit a written request in accordance with paragraph 
(a) of this section. The ``date of receipt'' of such a request for 
purposes of Sec. 1.12(a) of this title shall be the date of receipt of 
the written request. For recordkeeping purposes, the NAD official 
responding to an oral request for information may ask the requester to 
also submit his or her request in writing.
    (e) If a request for records or a fee waiver under this subpart is 
denied, the person making the request shall have the right to appeal 
the denial. Requesters also may appeal NAD decisions regarding a 
requester's status for purposes of fee levels under section 5 of 
Appendix A, subpart A of part 1 of this title. All appeals must be in 
writing and addressed to the official designated in Sec. 11.33. To 
facilitate processing of an appeal, the phrase ``FOIA APPEAL'' should 
be placed in capital letters on the front of the envelope.
    (f) NAD shall develop and maintain a record of all written and oral 
FOIA requests and FOIA appeals received by NAD, which shall include, in 
addition to any other information, the name of the requester, brief 
summary of the information requested, an indication of whether the 
request or appeal was denied or partially denied, the FOIA exemption(s) 
cited as the basis for any denials, and the amount of fees associated 
with the request or appeal.


Sec. 11.33  Appeals.

    Any person whose initial FOIA request is denied in whole or in part 
may appeal that denial to the Director, National Appeals Division, U.S. 
Department of Agriculture, 3101 Park Center Drive, Suite 1113, 
Alexandria, Virginia 22302. The Director will make the final 
determination on the appeal.

Appendix A--List of Addresses

    This list provides the titles and mailing addresses of officials 
who have custody of NAD records. This list also identifies the 
normal working hours, Monday through Friday, excluding holidays, 
during which public inspection and copying of certain kinds of 
records is permitted.

Director, National Appeals Division, U.S. Department of Agriculture, 
3101 Park Center Drive, Suite 1113, Alexandria, Virginia 22302, 
Hours: 8 a.m.-5 p.m.
Regional Assistant Director, Eastern Region, National Appeals 
Division, U.S. Department of Agriculture, 3500 DePauw Boulevard, 
Suite 2052, Indianapolis, Indiana 46268, Hours: 8 a.m.-5 p.m.
Regional Assistant Director, Southern Region, National Appeals 
Division, U.S. Department of Agriculture, 7777 Walnut Grove Road, 
LLB-1, Memphis, Tennessee 38120, Hours: 8 a.m.-5 p.m.
Regional Assistant Director, Western Region, National Appeals 
Division, U.S. Department of Agriculture, 755 Parfet Street, Suite 
494, Lakewood, Colorado 80215-5506, Hours: 8 a.m.-5 p.m.

    Done at Washington, DC, this 11th day of August 1998.
Norman G. Cooper,
Director.
[FR Doc. 98-22451 Filed 8-20-98; 8:45 am]
BILLING CODE 3410-01-P