[Federal Register Volume 67, Number 176 (Wednesday, September 11, 2002)]
[Proposed Rules]
[Pages 57539-57543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22932]


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SMALL BUSINESS ADMINISTRATION

13 CFR Part 102

RIN 3245-AE94


Disclosure of Information Regulations

AGENCY: U.S. Small Business Administration.

ACTION: Proposed rule.

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SUMMARY: The Small Business Administration (SBA) proposes to amend its 
regulations implementing the Freedom of Information Act (FOIA). This 
amendment is necessary to implement the Electronic Freedom of 
Information Act Amendments of 1996 (EFOIA) and to update SBA's FOIA 
regulations to conform to current law and procedure. SBA's amended 
regulations will make more information available electronically, allow 
requesters to obtain rapid disclosure decisions, give SBA more time to 
respond to some requests, and increase processing fees to more 
accurately reflect the full cost of search and document review. SBA 
presents the changes in a simple user-friendly format.

DATES: Comments must be received on or before November 12, 2002.

ADDRESSES: Written comments should be addressed to Lisa J. Babcock, 
Chief, Freedom of Information/Privacy Acts Office, Small Business 
Administration, 409 3rd Street, SW., Suite 5900, Washington, DC 20416 
or via the Internet at: [email protected].

FOR FURTHER INFORMATION CONTACT: Kitty Higgins, Paralegal Specialist, 
Freedom of Information/Privacy Acts Office, 202-401-8203.
    Individuals with disabilities may obtain this document in an 
alternate format (e.g., Braille, large print, audiotape, or computer 
diskette) upon request to the contact person listed in the preceding 
paragraph.

SUPPLEMENTARY INFORMATION: The Electronic Freedom of Information Act 
Amendments of 1996 (EFOIA), 5 U.S.C. 552(a)(2), includes provisions 
authorizing or requiring agencies to promulgate regulations 
implementing certain of its requirements, including the tracking of 
Freedom of Information Act (FOIA) requests, the aggregation of FOIA 
requests, and the expedited processing of FOIA requests. In addition, 
EFOIA changes the time limit for responding to a FOIA request from ten 
to twenty working days, the requirements for reporting FOIA activities 
to the Department of Justice, and the cases in which an agency may 
extend the time within which it will respond to a FOIA request. EFOIA 
also includes provisions regarding the availability of documents in 
electronic form, the treatment of electronic records, and the 
establishment of ``electronic reading rooms.'' SBA proposes to amend 
its regulation implementing the FOIA, 13 CFR Part 102, Subpart A. The 
proposed amendments will revise SBA's FOIA regulations to comply with 
EFOIA and to reflect current SBA FOIA procedures and practices.

Section-by-Section Analysis

    Proposed Sec.  102.1, General provisions, provides that Subpart A 
of Part 102 describes the procedures SBA follows for responding to FOIA 
requests.
    Proposed Sec.  102.2, Public reading rooms, provides that SBA 
maintain physical and electronic reading rooms. SBA's electronic 
reading room is at http://www.sba.gov/library/.
    Proposed Sec.  102.3, Requirements for making requests, provides 
the procedures for the public to make a FOIA request to the SBA. The 
request must be in writing and be received by mail, fax or e-mail. The 
request will be considered ``perfected'' or accepted for processing 
when the records sought are described in sufficient detail to be found 
by an SBA employee with a reasonable amount of effort, the requester 
states how much he or she is willing to pay, and an advance payment is 
made if the estimated fees will exceed $250 or the requester owes SBA 
for past FOIA search fees. Past due charges and interest and the 
advance payment must be paid before the request is perfected. Records 
on an individual will only be released to a third party upon the 
written authorization of the individual whose records are sought. 
Privacy Act requests will be processed under Subpart B of Part 102 and 
not Subpart A.
    Proposed Sec.  102.4, Timing of responses to requests, provides for 
the timing of general, multitrack, and expedited processing for FOIA 
requests.
    Section 102.4(a), provides that once a ``perfected'' request is 
received by the correct SBA office, that SBA will respond within 20 
working days. However, this period can be extended for an additional 10 
working days by an SBA office if: (1) The need arises to search for and 
collect the requested records from a field facility or other 
establishment separate from the processing office; (2) the need arises 
to search for, collect, and appropriately examine a voluminous amount 
of separate and distinct records demanded in a single request; or (3) 
the need arises for consultation with another Federal agency having a 
substantial interest in the determination of the request. When one of 
these reasons arises and requires an extension for more than 10 working 
days, SBA will notify the requester in writing that unusual 
circumstances exist and allow the requester an opportunity to modify 
the request so it can be processed within usual time limits.
    Multitrack processing is covered in Sec.  102.4(b), which provides 
for three-track processing. With multitrack processing, EFOIA 
recognizes that some requests do not lend themselves to a 20 working-
day deadline. Therefore, EFOIA authorizes agencies to establish 
separate systems within the agency for handling simple and complex 
requests. Requests on each track will be processed in the order 
received. Under multitrack processing, requests are categorized based 
on the amount of agency effort involved with processing the request. 
The first track, ``fast track,'' is for simple requests clearly 
identified that have been previously released or placed in an SBA 
Reading Room, that can be processed within 10 working

[[Page 57540]]

days after receipt by the correct SBA office. The second track, 
``regular track,'' is for requests of moderate complexity that are 
clearly identified, will be 50 pages or less, and will require less 
than two hours to review and process, that can be processed within 20 
working days after receipt by the correct SBA office. The third track, 
``slow track,'' is for requests involving unusual circumstances or high 
complexity, such as where the information is not clearly identified, 
will be more than 50 pages, will require more than two hours to review 
and process, or includes information originated by another Federal 
agency or a private concern whose consent must be obtained before 
release. Slow track requests should be processed within 30 working days 
after receipt by the correct SBA office.
    Expedited processing is covered in Sec.  102.4(c). SBA will provide 
expedited processing to requests and appeals if either the requester 
demonstrates that someone's life or physical safety is in imminent 
danger if SBA does not expedite its response to the request, or if a 
news media representative demonstrates an urgent need to inform the 
public about an actual or alleged Federal government activity. After 
the requester provides a written statement explaining, in detail, the 
circumstances of the compelling need for the expedited processing, SBA 
will notify the requester within 10 working days of its decision 
whether or not to grant expedited processing. If granted, the request 
will take priority and be processed as soon as practicable. If denied, 
an appeal may be submitted and would be acted on expeditiously.
    Multiple requests are covered in Sec.  102.4(d). When an SBA office 
believes that multiple requests submitted by a requester or group of 
collaborating requesters constitute a single request that would 
otherwise involve unusual circumstances, and the requests involve 
clearly related matters, such requests will be aggregated for 
processing.
    Proposed Sec.  102.5, Responses to requests, provides that SBA will 
notify the requester in writing how SBA will respond to each request. 
SBA will release the requested documents, or explain why SBA will not 
release some or all of the requested documents citing applicable FOIA 
exemptions and describing the amount of material redacted or deleted 
and explain how to appeal the decision. In addition, SBA will bill for 
the actual fee, less any advance payments made. SBA will also refer a 
request for records generated by another Federal agency to that agency 
for proper processing.
    Proposed Sec.  102.6, Fees, provides that SBA will charge fees of 
$.10 per page for photocopy duplication and the actual cost for other 
duplication methods. SBA will also charge a search and review fee of 
$30/employee hour. This section also defines relevant terms, such as 
``direct costs,'' ``search,'' ``duplication,'' ``review,'' ``commercial 
use request,'' ``educational institution,'' ``noncommercial scientific 
institution,'' ``representative of the news media,'' and ``member of 
the general public.'' SBA will also charge interest on unpaid bills 
starting on the 31st day following the date of billing at the maximum 
rate allowed under 31 U.S.C. 3717. Fee waivers and reductions, 
discussed in Sec.  102.6(c), may be allowed when a requester can show 
that disclosure of information is in the public interest because it is 
likely to contribute significantly to public understanding of the 
operations or activities of the government and is not primarily in the 
commercial interest of the requester.
    Proposed Sec.  102.7, Business information, defines ``business 
information'' and ``submitter'' and provides that such information will 
only be disclosed under the procedures in this section. These 
procedures are similar to those in current SBA FOIA rules at 13 CFR 
Sec.  102.6, How will SBA respond to requests for business information?
    Proposed Sec.  102.8, Appeals, provides for the procedures to 
appeal an SBA adverse determination denying a requester's FOIA request. 
These procedures are similar to those in current SBA FOIA rules at 13 
CFR Sec.  102.9, How may I appeal a denial of my request for 
information or a fee determination?
    Proposed Sec.  102.9, Public index, provides information about 
SBA's officially issued documents. This information is similar to that 
in current SBA FOIA rules at 13 CFR Sec.  102.10, How can I get the 
Public Index of SBA materials?

Compliance With Executive Orders 12866, 12988, and 13132, the 
Regulatory Flexibility Act (5 U.S.C. 601-612), and the Paperwork 
Reduction Act (44 U.S.C. Ch. 35)

    The Office of Management and Budget has determined that this rule 
is not a ``significant regulatory action'' under Executive Order 12866, 
Regulatory Planning and Review. These amendments are not likely to have 
an annual economic effect of $100 million or more, result in a major 
increase in costs or prices, or have a significant adverse effect on 
competition or the U.S. economy. Instead, these changes will make SBA's 
FOIA program more streamlined and easier for the public to understand 
and use.
    SBA has determined that this proposed rule will not have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601-612. 
Under the FOIA, agencies may recover only the direct costs of searching 
for, reviewing, and duplicating the records processed for requesters. 
Thus, fees assessed by SBA are nominal.
    For the purpose of the Paperwork Reduction Act, 44 U.S.C. Ch. 35, 
SBA has determined that this rule would not impose new reporting or 
record keeping requirements.
    For purposes of Executive Order 13132, SBA has determined that this 
rule does not have any federalism implications warranting the 
preparation of a Federalism Assessment.
    For purposes of Executive Order 12988, SBA has determined that this 
rule is drafted, to the extent practicable, in accordance with the 
standards set forth in that order.

List of Subjects in 13 CFR Part 102

    Freedom of information, Privacy.

    For the reasons stated in the preamble, SBA proposes to amend title 
13 of the Code of Federal Regulations (CFR) as follows:

PART 102--RECORD DISCLOSURE AND PRIVACY

    1. The authority citation for part 102 continues to read as 
follows:

    Authority: 5 U.S.C. 552 and 552a; 31 U.S.C. 1 et seq. and 67 et 
seq.; 44 U.S.C. 3501 et seq. E.O. 12600, 3 CFR, 1987 Comp., p. 235.

    2. Subpart A of part 102 is revised to read as follows:
Subpart A--Disclosure of Information
Sec.
102.1 General provisions.
102.2 Public reading rooms.
102.3 Requirements for making requests.
102.4 Timing of responses to requests.
102.5 Responses to requests.
102.6 Fees.
102.7 Business information.
102.8 Appeals.
102.9 Public Index.

Subpart A--Disclosure of Information


Sec.  102.1  General provisions.

    This subpart describes the procedures that the SBA follows for 
responding to requests made under the Freedom of Information Act (FOIA) 
(5 U.S.C. 552).

[[Page 57541]]

Sec.  102.2  Public reading rooms.

    (a) SBA maintains a public reading room in the Headquarters 
Reference Library at 409 3rd St., SW., Suite 5000, Washington, DC 20416 
where you may read and copy the following: (1) Final SBA opinions and 
orders issued in adjudicating a case,
    (2) Official non-privileged policy statements, opinions, or 
interpretations,
    (3) Standard operating procedures affecting a member of the public,
    (4) Records SBA has released in response to previous FOIA requests 
if SBA has determined those records will be or have been requested 
again, and
    (5) A list of previously released records.
    (b) The records described in paragraph (a) of this section are 
available in the SBA Online Reading Room at http://www.sba.gov/library/.
    (c) Reading room records created on or after November 1, 1996 are 
available electronically.


Sec.  102.3  Requirements for making requests.

    (a) You may make a request for SBA records by writing directly to 
the program or field office that maintains the records or to the FOI/PA 
Office by mail to 409 3rd St., SW., Washington, DC 20416 or fax to 202-
205-7059 or e-mail to [email protected]. The office receiving your request 
will forward it to the correct office. The correct office will consider 
your request ``perfected'' only when you provide the following:
    (1) You must describe the records sought in enough detail for an 
Agency employee to locate the records with a reasonable amount of 
effort;
    (2) State how much you are willing to pay; and
    (3) Make an advance payment if either the correct office estimates 
the fees will exceed $250 or you owe for past FOIA fees. If you owe 
past FOIA fees, you must pay the estimated amount, plus any past due 
charges and interest.
    (b) If you make a request on behalf of another person, your request 
must include an authorization signed by that person, allowing SBA to 
release proprietary information pertaining to that person.
    (c) To make a Privacy Act request for records about yourself, you 
must follow the procedures detailed in Sec.  102.34(b) of subpart B.


Sec.  102.4  Timing of responses to requests.

    (a) In general. Once the correct office receives your ``perfected'' 
request, that office must respond within 20 working days unless that 
office notifies you in writing that the time is extended by an 
additional 10 working days for one or more of the following reasons:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments separate from the office 
processing the request;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded 
in a single request; or
    (3) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having substantial interest in 
the determination of the request or among two or more components of the 
agency having substantial subject matter interest therein.
    (b) When an extension is for more than ten working days, the office 
shall provide the requester written notice that ``unusual 
circumstances'' exist and allow the requester an opportunity to modify 
the request so it may be processed within the usual time limits.
    (c) Multitrack processing. (1) If an office receives so many 
requests that it cannot respond to all within 30 working days, it may 
use two or more processing tracks by distinguishing between simple and 
complex requests based on the amount of work and/or time needed to 
process the request, including limits based on the number of pages 
involved. The office shall advise requesters in its slower track of the 
limits of its faster track. Requests on each track should be processed 
in the order received.
    (2) An office using multitrack processing may provide requesters in 
its slower track with an opportunity to limit the scope of their 
requests in order to qualify for faster processing within the specified 
limits of the office's faster track.
    (i) Fast track: if the information is clearly identified and has 
been previously released or placed in a Reading Room, the request could 
be processed within 10 working days after it is received by the correct 
office.
    (ii) Regular track: if the information is clearly identified, is 50 
pages or less, and requires less than two hours to review and process, 
the request could be processed within 20 working days after it is 
received by the correct office.
    (iii) Slow track: if the information is not clearly identified, is 
more than 50 pages, requires more than two hours to review and process, 
is maintained in more than one SBA office, or includes information 
which originated at another agency or a private concern whose consent 
must be obtained before release, the request should be processed within 
30 working days after it is received by the correct office.
    (d) Expedited processing. (1) SBA will give expedited processing to 
requests and appeals upon written request, if one of the following 
conditions is met:
    (i) You demonstrate someone's life or physical safety will be in 
imminent danger if SBA does not expedite its response to your request; 
or
    (ii) You are a news media representative (as defined in 13 CFR 
Sec.  102.6(b)(8)) who demonstrates an urgent need to inform the public 
about an actual or alleged Federal government activity.
    (2) You must provide a written statement, certified to be true and 
correct to the best of your knowledge and belief, explaining in detail 
one of these circumstances of ``compelling need'' and submit it to the 
correct office. The correct SBA office will notify you within 10 
working days of their decision whether or not to grant expedited 
processing. When expedited processing is granted, the request shall be 
given priority and processed as soon as practicable. When an expedited 
processing request is denied, an appeal may be submitted and would be 
acted on expeditiously.
    (e) Multiple requests. Where an office believes that multiple 
requests submitted by a requester, or by a group of collaborating 
requesters, constitute a single request that would otherwise involve 
unusual circumstances, and the requests involve clearly related 
matters, they will be aggregated for processing.


Sec.  102.5  Responses to requests.

    Within the time limits described in Sec.  102.4 of this subpart, 
SBA will notify you in writing how SBA will comply with your request. 
SBA's response will state one or more of the following:
    (a) SBA is releasing the requested documents.
    (b) Explain why SBA has decided not to give you all or some of the 
records requested, citing specific FOIA exemptions where applicable and 
describing the amount of material deleted (except where describing the 
amount deleted would harm an interest protected by the exemption), and 
explain how to appeal that decision.
    (c) Bill you for the actual fee, less any advance payment you have 
made. If part of the fee remains unpaid, SBA will bill you for the 
remainder and advise you that SBA will not provide any records until 
you either: (1) Pay the bill, if it is more than $250; or
    (2) Promise in writing to pay the bill, if it is $250 or less.
    (d) SBA will refer your request for records generated by another 
federal agency to that agency for proper processing.

[[Page 57542]]

Sec.  102.6  Fees.

    (a) In general. SBA will charge fees for processing requests as 
outlined in this section. An office shall collect all applicable fees 
before sending copies of releasable records. Fees must be paid by check 
or money order made payable to SBA.
    (b) Definitions and applicable fees. For purposes of this section:
    (1) Direct costs means those expenses that SBA actually incurs in 
searching for and duplicating (and in the case of commercial 
requesters, reviewing) documents in response to a FOIA request. Direct 
costs include the salary of the employee performing the work and the 
cost of operating duplication machinery.
    (2) Search means the process of looking for and retrieving records 
responsive to a request. It includes page-by-page or line-by-line 
identification of information within records and also includes 
reasonable efforts to locate and retrieve information from records 
maintained in electronic form or format. Search fees are $30 per hour.
    (3) Duplication means the making of a copy of a record. Copies can 
take the form of paper, microfilm, audiovisual materials, or electronic 
records (for example, magnetic tape or disk), among others. SBA will 
charge $.10 per page for photocopy duplication and the actual cost for 
other methods. SBA will honor a requester's specified preference of 
form or format of disclosure if the record is readily reproducible with 
reasonable efforts in the requested form or format by the office 
responding to the request.
    (4) Review refers to the examination of documents responsive to a 
request in order to determine whether any portion of it is exempt from 
disclosure. It includes processing any record for disclosure, e.g., all 
necessary redaction and preparation for disclosure. It also includes 
time spent considering any formal objection to disclosure made by a 
business submitter under Sec.  102.7, but does not include time spent 
resolving general legal or policy issues regarding the application of 
exemptions. Review costs are recoverable even if a record is ultimately 
not disclosed. Only commercial use requesters are assessed review 
costs. Review costs are $30 per hour.
    (5) A commercial use request refers to a request from or on behalf 
of a person who seeks information for a use or purpose that furthers 
his or her commercial, trade or profit interests, which can include 
furthering those interests through litigation. When it appears the 
requester will put the requested records to a commercial use, either 
because of the nature of the request itself or where SBA has reasonable 
cause to doubt a requester's stated use, SBA will seek additional 
clarification. SBA will charge commercial use requesters the full 
direct costs of searching for, reviewing for release, and duplicating 
the records sought.
    (6) Educational institution means a state-certified preschool, 
elementary or secondary school; an accredited college or university; an 
accredited institution of professional education; or any accredited or 
state-certified institution of vocational education, that operates a 
program of scholarly research. An educational institution requester 
must show that the request is authorized by and is made under the 
auspices of a qualifying institution and that the records are not 
sought for a commercial use but are sought to further scholarly 
research. SBA will provide documents to requesters in this category for 
the cost of reproduction alone, excluding charges for the first 100 
pages.
    (7) Noncommercial scientific institution means an institution that 
is not operated on a ``commercial'' basis as defined in paragraph 
(b)(5) of this section, and that is operated solely for the purpose of 
conducting scientific research the results of which are not intended to 
promote any particular product or industry. SBA will charge 
noncommercial scientific institution requesters for the cost of 
reproduction alone after the first 100 pages.
    (8) A representative of the news media is a requester actively 
gathering information for one or more news media who: (i) Is employed 
by a news medium or
    (ii) Has a reasonable expectation of selling the information 
obtained to one or more news media. A news medium is an entity 
organized and operated to distribute information to the general public. 
A news medium may provide information by subscription and may target 
its dissemination to a narrow section of the general public so long as 
any member of the general public may purchase information from it. A 
request for records supporting the news dissemination function of the 
requester shall not be considered to be for commercial use. SBA will 
provide documents to representatives of the news media for the cost of 
reproduction alone, excluding charges for the first 100 pages.
    (9) A member of the general public is a requester who does not fit 
into any of the categories above. SBA will charge requesters in this 
category search time after the first two hours and duplication after 
the first 100 pages.
    (10) Other charges. SBA will recover the full costs of providing 
special services, such as certifying that records are true copies or 
sending copies by other than ordinary mail, to the extent that SBA 
elects to provide them.
    (11) Charging interest. SBA will charge interest on any unpaid bill 
starting on the 31st day following the date of billing. Interest 
charges will accrue at the maximum rate allowed under 31 U.S.C. 3717. 
If still unpaid by the 91st day after the billing date, SBA may notify 
consumer credit reporting agencies of the delinquency.
    (c) Fee waivers or reductions. SBA will furnish responsive records 
without charge or at a reduced charge when a requester can show that 
disclosure of the information is in the public interest because it is 
likely to contribute significantly to public understanding of the 
operations or activities of the government and is not primarily in the 
commercial interest of the requester.
    (1) You must submit a request for a fee waiver or reduction to the 
initial processing office.
    (2) On the basis of the information that you provide, the initial 
processing office will determine whether you meet the fee waiver 
requirements in Sec.  102.6(c).


Sec.  102.7  Business information.

    (a) In general. Business information provided to SBA from a 
submitter will only be disclosed in accordance with this section.
    (b) Definitions. For purposes of this section:
    (1) Business information is commercial or financial information 
obtained by SBA from a submitter that may arguably be protected from 
disclosure under Exemption 4 of the FOIA.
    (2) Submitter is any person or entity who provides business 
information, directly or indirectly to SBA.
    (c) Designation of business information. Submitters of business 
information will use reasonable, good-faith efforts to designate, by 
appropriate markings, either at the time of submission or at a 
reasonable time thereafter, any portions of their submissions that they 
consider to be protected from disclosure under Exemption 4. 
Designations will expire ten years after the date of the submission 
unless the submitter requests, and provides justification for, a longer 
designation period.
    (d) Disclosure. SBA will disclose, upon request, business 
information that has previously been released to the general public.

[[Page 57543]]

    (e) Notice to submitters. SBA will provide a submitter with written 
notice of a FOIA request or administrative appeal that seeks its 
business information whenever SBA intends to release that information. 
The notice will either describe the business information or include 
copies of the records in the form SBA proposes to release them. SBA 
will also advise the requester that the submitter is being given the 
opportunity to object to any proposed disclosure. When notification of 
a voluminous number of submitters is required, SBA may post or publish 
the notice in a place reasonably likely to accomplish it.
    (f) Opportunity to object to disclosure. SBA will give the 
submitter five working days to submit a detailed written statement 
specifying all grounds upon which disclosure is opposed. The statement 
must show why the information is a trade secret or commercial or 
financial information that is privileged or confidential. If a 
submitter fails to respond to the notice within the five working days, 
SBA will presume that the submitter has no objection to disclosure of 
the information. Information provided by a submitter under this 
paragraph may itself be subject to disclosure under the FOIA.
    (g) Notice of intent to disclose. SBA will consider a submitter's 
objections and specific grounds for nondisclosure. If SBA decides to 
disclose business information over the objection of a submitter, SBA 
will give the submitter written notice, telling the submitter when and 
what it intends to disclose.


Sec.  102.8  Appeals.

    (a) If you are dissatisfied with SBA's response to your request, 
you may appeal an adverse determination denying your request, in any 
respect, to the Chief, FOI/PA Office, 409 Third St., SW., Washington, 
DC 20416.
    (b) The Chief must receive your signed, written appeal within 45 
calendar days of the date of the SBA determination from which you are 
appealing.
    (c) You should include as much information as possible; i.e., 
identifying the records denied, the reason(s) a fee should be waived, 
or the reason(s) a request should be expedited. You must identify the 
denying official and his/her office location.
    (d) The Chief will decide your appeal unless the Chief originally 
made the determination you are appealing. In that case, the Assistant 
Administrator for Hearings and Appeals will decide your appeal.
    (e) SBA will decide your appeal in writing within 20 working days 
from the date of its receipt. SBA may take an additional 10 working 
days if unusual circumstances require.
    (f) If SBA upholds the initial adverse determination, SBA will tell 
you why the decision has been upheld and tell you how to obtain 
judicial review of the decision.


Sec.  102.9  Public Index.

    (a) The Public Index is a document that provides identifying 
information about official documents that SBA has issued.
    (b) SBA has administratively determined, as permitted by FOIA, that 
periodic publication and distribution is unnecessary and impracticable.
    (c) The Public Index is an appendix to SBA Standard Operating 
Procedure 40 03. You can obtain the latest edition of SOP 40 03 from 
SBA's Online Reading Room at http://www.sba.gov/library or by 
requesting it from any SBA office.

    Dated: August 20, 2002.
Hector V. Barreto,
Administrator.
[FR Doc. 02-22932 Filed 9-10-02; 8:45 am]
BILLING CODE 8025-01-P