[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32644-32646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15961]
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency
7 CFR Part 2018
Statement of the Availability of Information to the Public
AGENCIES: Rural Housing Service, Rural Business-Cooperative Service,
Rural Utilities Service, and Farm Service Agency, USDA.
ACTION: Final rule.
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SUMMARY: The issuing agencies amend the statement of availability of
information to the public. Agency names, addresses, and some of the job
position titles in the field structure have been changed to reflect the
reorganization of the United States Department of Agriculture (USDA).
EFFECTIVE DATE: June 25, 1996.
FOR FURTHER INFORMATION CONTACT: Dorothy Hinden, Freedom of Information
Officer, Support Services Division, Rural Development, Room 0162, South
Agriculture Building, 14th and Independence Avenue, S.W., Washington,
DC 20250-1533, Telephone (202) 720-9638.
SUPPLEMENTARY INFORMATION:
Classification
This action has been reviewed under USDA procedures which implement
Executive Order 12886. The action is exempt from the requirements of
that Executive Order because it involves only internal agency
management. While it is USDA policy to publish for comment rules
relating to public property, loans, grants, benefits, or contracts
notwithstanding the exemption in 5 U.S.C. 553 with respect to such
rules, this action involves only internal agency management. Therefore,
publication for comment is unnecessary.
Background
Former subpart F of part 2018 of Title 7 of the Code of Federal
Regulations dealt with the availability of information to the public
from Farmers Home Administration (FmHA). FmHA is no longer in
existence. Hence, this document removes references to FmHA and replaces
them with information to reflect changes made by the Department of
Agriculture Reorganization Act of 1994. Due to the reorganization of
USDA, FmHA Farmer Programs are now being administered as Farm Credit
Programs by the Farm Service Agency (FSA). FmHA Rural Housing and
Community Facilities programs are administered by the Rural Housing
Service (RHS), Water and Waste programs are administered by the Rural
Utilities Service (RUS), and Business and Industry programs are
administered by the Rural Business-Cooperative Service (RBS). The
affected agencies are jointly issuing this final rule. The following
agencies all come under Rural Development: RHS, RUS, and RBS.
List of Subjects in 7 CFR Part 2018
Administrative practice and procedure, Freedom of information.
Accordingly, part 2018, chapter XVIII, title 7, Code of Federal
Regulations is amended as follows:
PART 2018--GENERAL
1. The authority citation for part 2018 continues to read as
follows:
Authority: 5 U.S.C. 552.
2. Subpart F of part 2018 is revised to read as follows:
Subpart F--Availability of Information
Sec.
2018.251 General statement.
2018.252 Public inspection and copying.
2018.253 Indexes.
2018.254 Requests for records.
2018.255 Appeals.
2018.256-2018.300 [Reserved]
Subpart F--Availability of Information
Sec. 2018.251 General statement.
In keeping with the spirit of the Freedom of Information Act
(FOIA), the policy of Rural Development and its component agencies,
Rural Housing Service (RHS), Rural Utilities Service (RUS), and Rural
Business-Cooperative Service (RBS), governing access to information is
one of nearly total availability, limited only by the countervailing
policies recognized by the FOIA.
Sec. 2018.252 Public inspection and copying.
Facilities for inspection and copying are provided by the Freedom
of Information Officer (FOIO) in the National Office, by the State
Director in each State Office, by the Rural Development Manager
(formerly, District Director) in each District Office, and by the
Community Development Manager (formerly, County Supervisor) in each
County Office. A person requesting information may inspect such
materials and, upon payment of applicable fees, obtain copies. Material
may be reviewed during regular business hours. If any of the Rural
Development materials requested are not located at the office to which
the request was made, the request will be referred to the office where
such materials are available.
Sec. 2018.253 Indexes.
Since Rural Development does not maintain any materials to which 5
U.S.C. 552(a)(2) applies, it maintains no indexes.
Sec. 2018.254 Requests for records.
Requests for records are to be submitted in accordance with 7 CFR
1.3 and may be made to the appropriate Community Development Manager,
Rural Development Manager, State Administrative Management Program
Director (formerly, State Administrative Officer), State Director,
Freedom of Information/Privacy Act Specialist, or Freedom of
Information Officer. The last two positions are located in the Rural
Development Support Services Division, Washington, DC 20250. The phrase
``FOIA REQUEST'' should appear on the outside of the envelope in
capital letters. The FOIA requests under the Farm Credit Programs
(formally FmHA Farmer Programs) should be forwarded to the Farm Service
Agency (FSA), Freedom of Information Officer, Room 3624, South
Agriculture Building, 14th & Independence Avenue, SW., Washington, DC
20250-0506. Requests should be as specific as possible in describing
the records being requested. The FOIO, Freedom of Information/Privacy
Act Specialist, each State Administrative Management Program Director,
each State Director, each Rural Development Manager, and each Community
Development Manager are delegated authority to act respectively at the
national, state, district, or county level on behalf of Rural
Development to:
(a) Deny requests for records determined to be exempt under one or
more provisions of 5 U.S.C. 552(b);
(b) Make discretionary releases (unless prohibited by other
authority) of such records when it is determined that the public
interests in disclosure outweigh the public and/or private ones in
withholding; and
(c) Reduce or waive fees to be charged where determined to be
appropriate.
Sec. 2018.255 Appeals.
If all or any part of an initial request is denied, it may be
appealed in accordance with 7 CFR 1.7 to that particular Agency
possessing the documents. Please select the appropriate Agency to
forward your FOIA appeal from the following addresses: Administrator,
Rural Housing Service, Room 5014, AG Box 0701, 14th & Independence
Avenue, S.W.--South Building, Washington, DC 20250-0701; Administrator,
Rural Business-
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Cooperative Service, Room 5045, AG Box 3201, 14th & Independence
Avenue, S.W.--South Building, Washington, DC 20250-3201 and
Administrator, Rural Utilities Service, Room 4501, AG Box 1510, 14th &
Independence Avenue, SW.--South Building, Washington, DC 20250-1510.
The phrase ``FOIA APPEAL'' should appear on the front of the envelope
in capital letters.
Secs. 18.256--2018.300 [Reserved]
Dated: June 10, 1996.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 96-15961 Filed 6-24-96; 8:45 am]
BILLING CODE 3410-07-P
