[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Rules and Regulations]
[Pages 57844-57845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28836]


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DEPARTMENT OF AGRICULTURE

Economic Research Service

7 CFR Part 3701


Availability of Information

AGENCY: Economic Research Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule amends regulations of the Economic Research Service 
(ERS) regarding the availability of information to the public in 
accordance with the Freedom of Information Act (FOIA). It informs the 
public of the change in location and telephone number of the FOIA 
Coordinator for ERS, provides a TTY number for access for hearing 
impaired individuals, addresses multitrack processing of requests and 
the availability of ``reading room'' material by electronic 
telecommunication, pursuant to the Electronic FOIA Amendments of 1996, 
Public Law 104-231, and provides current information on obtaining ERS 
published data and reports.

EFFECTIVE DATE: This rule will become effective December 19, 2001.

FOR FURTHER INFORMATION CONTACT: Stasia A.M. Hutchison, FOIA 
Coordinator, Agricultural Research Service, USDA, 5601 Sunnyside 
Avenue, Mail Stop 5128, Beltsville, Maryland 20705-5128; Telephone 301-
504-1655; TTY-VOICE (301) 504-1743; Facsimile (301) 504-1648; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION: The FOIA requires Federal agencies to 
publish in the Federal Register regulations describing how the public 
may obtain information from the agency (5 U.S.C. 552(a)(1)). Part 3701 
of Title 7, Code of Federal Regulations, is issued in accordance with 
the regulations of the Secretary of Agriculture at 7 CFR part 1, 
subpart A, implementing FOIA.
    Pursuant to the Electronic FOIA Amendments of 1996, Public Law 104-
231, Sec. 3701.2 is updated to address the availability of ``reading 
room'' material by electronic telecommunication means. Also Sec. 3701.4 
is revised to address multitrack processing of requests. Former 
Sec. 3701.6 is updated to provide current information on obtaining ERS 
published data and reports. As a result, former Secs. 3701.4, 3701.5, 
and 3701.6 are renumbered and Sec. 3701.7 added.
    This rule also amends part 3701 to inform the public of the change 
in the location and telephone number of the FOIA Coordinator for ERS 
and to provide a TTY number for access for hearing impaired 
individuals.

[[Page 57845]]

    This rule will become effective 30 days after this publication 
pursuant to 5 U.S.C. 553(d). Further, this rule has been reviewed to 
ensure accordance with Executive Orders 12988 and 12866. This rule will 
not cause a significant economic impact or other substantial effect on 
small entities. Therefore, the requirements of this Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., do not apply.

List of Subjects in 7 CFR part 3701

    Freedom of Information.

    Accordingly, 7 CFR part 3701 is revised to read as follows:

PART 3701--PUBLIC INFORMATION

Sec.
3701.1   General statement.
3701.2   Public inspection, copying, and indexing.
3701.3   Requests for records.
3701.4   Multitrack processing.
3701.5   Denials.
3701.6   Appeals.
3701.7   Requests for published data and information.

    Authority: 5 U.S.C. 301, 552; 7 CFR part 1, subpart A and 
appendix A thereto. Sec. 3701.1 General statement.

    This part is issued in accordance with the regulations of the 
Secretary of Agriculture in part 1, subpart A of this title and 
appendix A thereto, implementing the Freedom of Information Act (FOIA) 
(5 U.S.C. 552). The Secretary's regulations, as implemented by the 
regulations in this part, govern the availability of records of the 
Economic Research Service (ERS) to the public.


Sec. 3701.2  Public inspection, copying, and indexing.

    5 U.S.C. 552(a)(2) requires that certain materials be made 
available for public inspection and copying and that a current index of 
these materials be published quarterly or otherwise be made available. 
Members of the public may request access to such materials maintained 
by ERS at the following office: Information Staff, ARS, REE, USDA, Room 
1-2248, Mail Stop 5128, 5601 Sunnyside Avenue, Beltsville, MD 20705-
5128; Telephone (301) 504-1640 or (301) 504-1655; TTY-VOICE (301) 504-
1743. Office hours are 8 a.m. to 4:30 p.m. Information maintained in 
our electronic reading room can be accessed at http://www.ars.usda.gov/is/foia/#Electronic.


Sec. 3701.3  Requests for records.

    Requests for records of ERS under 5 U.S.C. 552(a)(3) shall be made 
in accordance with Sec. 1.5 of this title and submitted to the FOIA 
Coordinator, Information Staff, ARS, REE, USDA, Mail Stop 5128, 5601 
Sunnyside Avenue, Beltsville, MD 20705-5128; Telephone (301) 504-1640 
or (301) 504-1655; TTY-VOICE (301) 504-1743; Facsimile (301) 504-1648; 
e-mail [email protected] or [email protected]. The FOIA 
Coordinator is delegated authority to make determinations regarding 
such requests in accordance with Sec. 1.3(c) of this title.


Sec. 3701.4  Multitrack processing.

    (a) When ERS has a significant number of requests, the nature of 
which precludes a determination within 20 working days, the requests 
may be processed in a multitrack processing system, based on the date 
of receipt, the amount of work and time involved in processing the 
request, and whether the request qualifies for expedited processing.
    (b) ERS may establish as many processing tracks as appropriate; 
processing within each track shall be based on a first-in, first-out 
concept, and rank-ordered by the date of receipt of the request.
    (c) A requester whose request does not qualify for the fastest 
track may be given an opportunity to limit the scope of the request in 
order to qualify for the fastest track. This multitrack processing 
system does not lessen agency responsibility to exercise due diligence 
in processing requests in the most expeditious manner possible.
    (d) ERS shall process requests in each track on a ``first-in, 
first-out'' basis, unless there are unusual circumstances as set forth 
in Sec. 1.16 of this title, or the requester is entitled to expedited 
processing as set forth in Sec. 1.9 of this title.


Sec. 3701.5  Denials.

    If the FOIA Coordinator determines that a requested record is 
exempt from mandatory disclosure and that discretionary release would 
be improper, the FOIA Coordinator shall give written notice of denial 
in accordance with Sec. 1.7(a) of this title.


Sec. 3701.6  Appeals.

    Any person whose request is denied shall have the right to appeal 
such denial. Appeals shall be made in accordance with Sec. 1.14 of this 
title and should be addressed as follows: Administrator, ERS, U.S. 
Department of Agriculture, Washington, DC 20250.


Sec. 3701.7  Requests for published data and information.

    Published data and reports produced by ERS since 1996 are available 
on the ERS Web site at http//www.ers.usda.gov. Searching on the website 
is available by topic, by title, or by date. The titles displayed in 
the search include ERS's separately published research reports as well 
as articles in ERS-produced periodicals. Full text of all the titles 
are available at no cost (usually in PDF Files). Printed copies and 
reports published before 1996 (while supplies last) can be purchased 
from the ERS-NASS sales desk at the National Technical Information 
Center at 1-800-999-6779 (8:30 a.m.-5 p.m., Eastern Standard Time, M-
F).

    Done at Washington, DC, this 31st day of October 2001.
Susan Offutt,
Administrator, Economic Research Service.
[FR Doc. 01-28836 Filed 11-16-01; 8:45 am]
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