[Federal Register Volume 67, Number 133 (Thursday, July 11, 2002)]
[Rules and Regulations]
[Pages 45895-45896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17452]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 133 / Thursday, July 11, 2002 / Rules 
and Regulations  

[[Page 45895]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

RIN 0551-AA61


Administrative Regulations for the Freedom of Information Act

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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

SUMMARY: The Foreign Agricultural Service is issuing administrative 
guidelines to govern the availability of records under the Freedom of 
Information Act (FOIA).

EFFECTIVE DATE: July 11, 2002.

FOR FURTHER INFORMATION CONTACT: Donald Washington, FOIA Officer, 
Foreign Agricultural Service, at (202) 720-3101.

SUPPLEMENTARY INFORMATION:   

Executive Order 12866

    This rule is issued in conformance with Executive Order 12866. It 
has been determined to be significant for purposes of Executive Order 
12866 and, therefore, has been reviewed by the Office of Management and 
Budget (OMB).

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts State and local laws and 
regulations that are inconsistent with this rule; (2) has not 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Regulatory Flexibility Act

    The FAS Administrator certifies that this rule will not have a 
significant economic impact on substantial number of small entities. 
This rule implements the Freedom of Information Act, as statute 
concerning the release of Federal Government records, and does not 
economically impact the private sector.

Paperwork Reduction Act

    USDA certifies that this rule does not impose any reporting or 
record keeping requirements under the Paperwork Reduction Act of 1995.

Effective Date

    Because this regulation involves agency management, FAS is not 
required to publish a notice of proposed rulemaking and the regulation 
may be effective upon publication.

Background

    This regulation constitutes the Foreign Agricultural Service's 
compliance with the directive in 7 CFR 1.3 that each agency of the 
Department of Agriculture publish specified information regarding the 
availability of records under the Freedom of Information Act (FOIA).

List of Subjects in 7 CFR Part 1520

    Administrative practice and procedure, Freedom of Information, 
Privacy.


    Accordingly, part 1520 of 7 CFR is revised to read as follows:

PART 1520--AVAILABILITY OF INFORMATION TO THE PUBLIC

Sec.
1520.1  General statements.
1520.2  Location and hours.
1520.3  Indexes/Record Systems.
1520.4  Agency FOIA Officer.
1520.5  Agency Appeal Official.
1520.6  Other information.

    Authority: 5 U.S.C. 552


Sec. 1520.1  General statement.

    This part is issued in accordance with the regulations of the 
Secretary of Agriculture 7 CFR, part 1--Administrative Regulations, 
Subpart A--Official Records, Sec. 1.3, Agency Implementing Regulations, 
for the Freedom of Information Act (5 U.S.C. 552). The Secretary's 
Regulations, as implemented by the regulations in this part govern the 
availability of records of the Foreign Agricultural Service (FAS) to 
the public.


Sec. 1520.2  Location and hours.

    Members of the public should contact the FAS FOIA Officer to 
arrange a place and time to review documents. Contact the U.S. 
Department of Agriculture, Foreign Agriculture Service, Public Affairs 
Division, 1400 Independence Avenue SW., Washington, DC 20250-1004. The 
office will be open from 8:30 a.m. to 5 p.m. Monday through Friday, 
except national holidays, Tel.: 202-720-3448, Fax: 202-720-1727.


Sec. 1520.3  Indexes/Record systems.

    5 U.S.C. 552(a)(2) required that each agency publish or otherwise 
make available a current index of all materials for public inspection 
and copying. The Foreign Agricultural Service maintains the following 
record systems. FAS regulations, manuals, and notices; attache reports; 
general publications; and statements of policy and procedures for 
various FAS programs. Copies of the FAS index may be obtained free of 
charge by contacting the office specified in Sec. 1520.2.


Sec. 1520.4  Agency FOIA Officer.

    Requests for records shall be made to the Freedom of Information 
Officer, Public Affairs Division, Foreign Agricultural Service, Ag Box 
1004, U.S. Department of Agriculture, 1400 Independence Avenue, SW., 
Washington, DC 20250-1004. Tel.: 202-720-3448, Fax: 202-720-1727.


Sec. 1520.5  Agency Appeal Official.

    Any person whose request under Sec. 1520.4 is denied shall have the 
right to appeal such a denial. For appeals, write to the following 
official and mark your letters ``FOIA Appeal'': Administrator, Foreign 
Agricultural Service, U.S. Department of Agriculture, 1400 Independence 
Avenue SW., Washington, DC 20250-1004, Attn: FOIA Appeal.


Sec. 1520.6  Other information.

    Many documents are available to the public without having to file 
an FOIA request. These include press releases, speeches, congressional 
testimony, program regulations, and some letters and memoranda. Some of 
this information can be found on the FAS web site, www.fas.uda.gov. 
Also, the FAS annual FOIA report is available on the agency's web site 
at www.fas.usda.gov. Click on FOIA at the bottom of the page. To 
request a paper copy of the FAS FOAI annual report, write to: Foreign 
Agricultural Service, U.S. Department of Agriculture, 1400 Independence 
Ave. SW., Ag Box 1004,

[[Page 45896]]

Washington, DC 20250-1004, Attn: Freedom on Information Officer.

    Dated: July 3, 2002.
A. Ellen Terpstra,
Administrator, Foreign Agricultural Service.
[FR Doc. 02-17452 Filed 7-10-02; 8:45 am]
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