[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Pages 39047-39048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18998]
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DEPARTMENT OF AGRICULTURE
Food and Consumer Service
7 CFR Part 295
RIN 0584-AC13
Availability of Information and Records to the Public
AGENCY: Food and Consumer Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule amends the Food and Consumer Service (FCS) Freedom
of Information Act (FOIA) regulations contained in 7 CFR part 295 as
required by the FOIA and 7 CFR part 1--Administrative Regulations,
subpart A--Official Records, Sec. 1.3 Agency Implementing Regulations.
The revised information mainly reflects changes in office addresses and
locations and expands the information for accessing records.
EFFECTIVE DATE: August 26, 1996.
FOR FURTHER INFORMATION CONTACT: Joseph M. Scordato, Freedom of
Information Act Officer, Information Technology Division, Food and
Consumer Service, USDA, Alexandria, VA 22302 (703-305-2244).
SUPPLEMENTARY INFORMATION: The FOIA (5 U.S.C. 552(a)(1)) requires
Federal agencies to publish in the Federal Register regulations
describing how the public may obtain information from the agency. Part
295 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.
This rule relates to internal agency management. Therefore,
pursuant to 5 U.S.C. 553, notice of proposed rulemaking and opportunity
for comment are not required, and this rule may be made effective less
than 30 days after publication in the Federal Register. Further, since
this rule relates to internal agency management, it is exempt from the
provisions of Executive Order 12866. The Administrator of FCS has
certified that this rule will not cause a significant economic impact
or other substantial effect on small entities. Therefore, the
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
do not apply. This rule contains no reporting or recordkeeping
requirements subject to review under the Paperwork Reduction Act of
1995 (Pub. L. 104-13). This rule has been reviewed under Executive
Order 12988, Civil Justice Reform, and has been determined to meet the
applicable standards of the Executive Order. This rule is intended to
have preemptive effect with respect to any State or local laws,
regulations, or policies that conflict with its provisions, or that
would otherwise impede its full implementation. Prior to any judicial
challenge to the application of this rule, a requester must exhaust all
applicable administrative remedies provided in 7 CFR part 1, subpart A.
By this publication the Food and Consumer Service is notifying the
Public of its office locations, the hours of operation, the kinds of
information available, and the responsible officials where information
may be obtained. In addition to the headquarters offices, the Food and
Consumer Service has regional and field offices located throughout the
Country.
List of Subjects in 7 CFR Part 295
Freedom of Information.
Accordingly, 7 CFR part 295 is revised to read as follows:
PART 295--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC
Sec.
295.1 General statement.
295.2 Organizational description.
295.3 Informational and educational publications.
295.4 Program evaluation status reports.
295.5 Program statistical reports.
295.6 Public inspection and copying.
295.7 Indexes.
295.8 Requests.
295.9 Appeals.
Authority: 5 U.S.C. 301, 552; 7 CFR 1.1-1.23.
Sec. 295.1 General statement.
This part is issued in accordance with the regulations of the
Secretary of Agriculture at 7 CFR 1.1-1.23, and appendix A,
implementing 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 FCS to the public.
Sec. 295.2 Organizational description.
The description of the central and field organization of FCS is
published as a notice in the Federal Register and may be revised from
time to time in like manner. Such description contains a listing of FCS
headquarters and field organizational units and their functions.
Sec. 295.3 Informational and educational publications.
FCS publishes a wide variety of informational and educational
periodicals, pamphlets, brochures, leaflets, guides, and educational
aids explaining the operation of FCS food
[[Page 39048]]
assistance programs. For more information concerning FCS publications
and how to obtain them, write the Director, Public Information Staff,
Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, VA
22302-1500.
Sec. 295.4 Program evaluation status reports.
FCS also publishes summaries of objectives and findings of
completed studies and projects concerning evaluation of FCS food
assistance programs. A copy of the current status report on completed
studies may be obtained by writing the Director, Office of Analysis and
Evaluation, Food and Consumer Service, USDA, 3101 Park Center Drive,
Alexandria, VA 22302-1500.
Sec. 295.5 Program statistical reports.
Current and historical information on FCS food assistance program
size, monetary outlays, geographic distribution, racial and ethnic
participation rates, and other data is published throughout the year.
Limited supplies are available for public distribution upon request.
Write the Director, Program Information Division, Food and Consumer
Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500.
Sec. 295.6 Public inspection and copying.
5 U.S.C. 552(a)(2) requires that certain informational materials be
made available for public inspection and copying. Such materials
maintained by FCS may be inspected and copied during regular office
hours (currently 8:30 a.m. to 5 p.m.). Interested parties may submit
requests to the FCS Records Management Officer, Information Technology
Division, 3101 Park Center Drive, Alexandria, VA 22302-1500.
Sec. 295.7 Indexes.
5 U.S.C. 552(a)(2) also requires an index of the materials required
to be made available for public inspection and copying be published
quarterly. Copies of this Index for FCS materials will be maintained
for public inspection and copying during regular office hours in FCS
Library, Room 810, 3101 Park Center Drive, Alexandria, Va. 22302-1500.
Free copies of the current index may be obtained by writing or visiting
any of the FCS offices listed in the local telephone directory or those
listed below:
(a) Records Management Officer, Information Technology Division,
Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria,
Va. 22302-1500.
(b) Director, Financial Management, Food and Consumer Service,
USDA, 300 Corporate Blvd., Mercer Corporate Park, Robbinsville, NJ
08691-1518.
(c) Director, Financial Management, Food and Consumer Service,
USDA, 77 Forsyth Street, SW, Atlanta, GA 30303-3427.
(d) Director, Financial and Administrative Management, Food and
Consumer Service, USDA, 77 W. Jackson Blvd., Chicago, Illinois 60604-
3507.
(e) Director, Financial Management, Food and Consumer Service,
USDA, 1100 Commerce St., Dallas, Texas 75242-9980.
(f) Director, Financial Management, Food and Consumer Service,
USDA, 550 Kearney St., San Francisco, CA 94108-2518.
(g) Director, Financial Management, Food and Consumer Service,
USDA, 10 Causeway Street, Boston, MA 02222-1069.
(h) Director, Financial and Administrative Management, Food and
Consumer Service, USDA, 1244 Speer Blvd., Denver, CO 80204-3581.
Sec. 295.8 Requests.
(a) Requests for FCS program records under 5 U.S.C. 552(a)(3) shall
be made in accordance with USDA Administrative Regulations 7 CFR 1.6
and addressed to the appropriate FCS official listed below:
(1) Food Stamp program records--Requests for Food Stamp information
should be addressed to the Director of the appropriate Division
(Program Development Division, Benefit Redemption Division, or Program
Accountability Division) at the following address: Food and Consumer
Service, USDA, 3101 Park Center Drive, Alexandria, VA, 22302-1500.
(2) Child Nutrition Program records--Director, Child Nutrition
Division, Food and Consumer Service, USDA, 3101 Park Center Drive,
Alexandria, VA 22302-1500.
(3) Food Distribution Program records--Director, Food Distribution
Division, Food and Consumer Service, USDA, 3101 Park Center Drive,
Alexandria, VA 22302-1500.
(4) Supplemental Food Program records--Director, Supplemental Food
Programs Division, Food and Consumer Service, USDA, 3101 Park Center
Drive, Alexandria, VA 22302-1500.
(b) If the requester is unable to determine the official to whom
his request should be addressed, he should address it to: Freedom of
Information Act Officer, Information Technology Division, 3101 Park
Center Drive, Alexandria, VA 22302. The Freedom of Information Act
Officer will refer such requests to the appropriate official.
(c) The officials outlined in paragraph (a) are authorized to make
determinations in accordance with USDA Administrative Regulations at 7
CFR 1.8.
Sec. 295.9 Appeals.
(a) Any person whose request for records is denied shall have the
right to appeal that denial in accordance with USDA Administrative
Regulations 7 CFR 1.13. All appeals shall be addressed to:
Administrator, Food and Consumer Service, USDA, 3101 Park Center Drive,
Alexandria, VA 22302-1500.
(b) The following officials are delegated authority to make
decisions on Freedom of Information Act appeals at the address above:
(1) Food Stamp program (general)--Deputy Administrator, Food Stamp
Program;
(2) Food Stamp program (appeals on names of Food Stamp
Investigators and Investigative aids)--Director, Benefit Redemption
Division;
(3) Child Nutrition program--Deputy Administrator, Special
Nutrition Programs;
(4) Food Distribution program--Deputy Administrator, Special
Nutrition Programs;
(5) Supplemental Food program--Deputy Administrator, Special
Nutrition Programs;
(6) Management offices--Deputy Administrator, Management;
(7) Financial Management offices--Deputy Administrator, Financial
Management;
(8) Appeals not covered above--Associate Administrator, FCS.
Dated: July 15, 1996.
William E. Ludwig,
Administrator, Food and Consumer Service.
[FR Doc. 96-18998 Filed 7-25-96; 8:45 am]
BILLING CODE 3410-30-U
