[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 53811-53812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26813]


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DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 200


Organization, Functions, and Procedures; Freedom of Information 
Act

AGENCY: Forest Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture is revising the Forest Service's 
Freedom of Information Act (FOIA) procedures to permit the Chief of the 
Forest Service to designate Washington Office staff directors to 
receive requests for records, extend the reply deadline period, make 
discretionary releases of records exempt form mandatory disclosure, and 
deny records pursuant to the Act. The intent is to achieve more 
efficiency and to balance the assignment of the FOIA workload. Since 
this rule change relates solely to internal administration and the 
carrying out of the Secretary's executive function of delegating 
authority to agency heads, notice and comment prior to adoption of this 
rule are not necessary.

EFFECTIVE DATE: This rule is effective October 1, 1998.

FOR FURTHER INFORMATION CONTACT: Naomi Charboneau, Freedom of 
Information Act Officer, MAIL STOP 1143, Forest Service, USDA, P.O. Box 
6090, Washington, D.C. 20090-6090. Telephone: (703) 235-9488.

SUPPLEMENTARY INFORMATION: Forest Service rules governing requests for 
information made pursuant to the Freedom of Information Act are set out 
in 36 CFR 200.7 and 200.8. In Sec. 200.7, Request for records, the 
Deputy Chief for the program area involved is authorized to receive and 
act on requests and to extend the 20-day administrative deadline for 
reply, to make discretionary releases of material not exempt from 
mandatory disclosure, and to deny records requested. Under Sec. 200.8, 
appeals of details are made to and rendered by the Chief or other 
official to whom such authority is delegated. Through the Forest 
Service Manual Chapter 6270, the Chief has delegated all appeals to the 
Deputy Chief for Operations.
    An Internal Forest Service review reveals that this practice has 
resulted in a disproportionate appeal workload being assigned to the 
Deputy Chief for Operations. In response to this finding, the Chief has 
determined that all Deputy Chiefs should share in the appeal decision 
workload. This reassignment necessitates a change in who may respond to 
initial requests. This final rule revises Sec. 200.7(a) to permit the 
Washington office Staff Directors to exercise the authority to respond 
to initial requests and make other decisions authorized in 
Sec. 200.7(b). In addition, the final rule also adds the Direct of the 
Institute of Tropical Forestry to the list of field officers authorized 
under paragraph (a) to respond to initial requests. This position was 
inadvertently omitted from a June 19, 1997, amendment updating Forest 
Service unit names and addresses. The revised delegations of authority 
to staff Directors, and Deputy Chiefs for FOIA responses to requests 
and appeals, respectively, will be issued by the Chief in an amendment 
to Chapter 6270 of the Forest Service Manual, which is the principal 
source of internal agency procedure (36 CFR 200.4).
    In addition, in order to insure uniformity in treatment by the 
various program and staff offices handling appeals, the Forest Service 
is formalizing current practice, in a revision of 36 CFR 200.8, by 
requiring that all proposed responses to appeals be reviewed by the 
Forest Service Freedom of Information Act/Privacy Act Officer before 
signature by the Deputy Chiefs.
    This final rule involves matters of internal agency procedure, 
namely the assignment and allocation of work and the delegation of 
authority by the Chief of the Forest Service. Therefore, pursuant to 5 
U.S.C. 553(a)(3)(A), this final rule is exempt from the notice and 
comment requirements of 5 U.S.C. 553(b). Accordingly, this rule is also 
exempt from review under Executive Order 12866 on Regulatory Review, 
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and the 
Congressional review requirements of the Small Business Regulatory 
Enforcement Act of 1996 (Pub. L. No. 104-121, Title II, Subtitle E).
    In accordance with Executive Order 12630, regarding Governmental 
Action and Interference with Constitutionally Protected Property 
Rights, the Forest Service finds that this final rule, involving 
matters of internal agency procedure in connection with the processing 
of FOIA requests and appeals, implicates no takings, in that it does 
not propose or implement licensing, permitting, or other conditions, 
requirements, or limitations on private use, nor does it require 
dedications or exactions from owners of private property.
    The Forest Service has reviewed this final rule in accordance with 
Executive Order 12988, Civil Justice Reform, and has determined that 
this rule will preempt all State and local laws and regulations that 
are in conflict with this rule; (2) this rule will have no retroactive 
effect; and (3) parties will not be required to participate in 
administrative proceedings before filing suit in court challenging the 
rule. The rule meets the applicable standards provided in section 3(b) 
of the Executive Order.
    Finally, this rule does not contain any recordkeeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 and, therefore, imposes no paperwork burden on the 
public. Accordingly, the review provisions of the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.) and implementing regulations at 5 
CFR part 1320 do not apply.

List of Subjects in 36 CFR Part 200

    Administrative practice and procedure, Freedom of information, and 
Organization and functions (Government agencies).

    Therefore, for the reasons set forth in the preamble, Part 200 of 
Title 36 of the Code of Federal regulations is amended as follows:

PART 200--ORGANIZATION, FUNCTIONS, AND PROCEDURES

    1. The authority citation for Part 200 continues to read:

    Authority: 5 U.S.C. 552; 7 U.S.C. 6706; 16 U.S.C. 472, 521, 
1603, and 2101 et seq.

    2. Section 200.7 is amended by revising paragraph (a) to read as 
follows:


Sec. 200.7  Request for records.

* * * * *
    (a) The Regional Forester, Regional Special Agent in charge, 
Research Station Director, Area Director, and Institute Director at the 
field locations and addresses listed in Sec. 200.2; the Director of Law 
Enforcement and Investigations, other Staff Directors, or other 
officials whom the Chief may authorize, located in the Washington 
Office, are authorized to receive requests for such records, to make

[[Page 53812]]

determinations regarding whether records exist, and to grant or deny 
requests for records exempt form disclosure under the provisions of 5 
U.S.C. 552(b).
* * * * *
    3. Section 200.8 is revised to read as follows:


Sec. 200.8  Appeals.

    (a) Appeals form denials of requests submitted under Sec. 200.7 
shall be submitted in accordance with U.S. Department of Agriculture 
rules at 7 CFR part 1, subpart A, and the appendix to subpart A to the 
Chief, Forest Service, U.S. Department of Agriculture, Auditors 
Building, 14th and Independence Avenue, S.W., P.O. Box 96090, 
Washington, DC 20090-6090.
    (b) The Chief, or other official to whom such authority is 
delegated, shall determine whether to grant or deny the appeal and make 
all necessary determinations relating to an extension of the 20-day 
administrative deadline for reply, discretionary release of records 
exempt from mandatory disclosure under 5 U.S.C. 552(b), and charging 
the appropriate fees, pursuant to U.S. Department of Agriculture rules 
at 7 CFR part 1, subpart A, and the appendix to subpart A.
    (c) The Forest Service Freedom of Information Act/Privacy Act 
Officer must review all proposed responses to appeals prior to 
signature.

    Dated: September 30, 1998.
Anne Kennedy,
Deputy Under Secretary, Natural Resources and Environment.
[FR Doc. 98-26813 Filed 10-6-98; 8:45 am]
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