[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Rules and Regulations]
[Pages 45754-45755]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23040]
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LEGAL SERVICES CORPORATION
45 CFR Part 1602
Procedures for Disclosure of Information Under the Freedom of
Information Act
AGENCY: Legal Services Corporation.
ACTION: Final rule.
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SUMMARY: This final rule makes technical revisions to the Legal
Services Corporation's (``Corporation'' or ``LSC'') rule concerning the
disclosure of information under the Freedom of Information Act by
revising the Corporation's address and deleting outdated references to
regional offices. Other minor technical revisions are also made.
EFFECTIVE DATE: This final rule is effective on August 29, 1997.
FOR FURTHER INFORMATION CONTACT: Office of the General Counsel, (202)
336-8817.
SUPPLEMENTARY INFORMATION: Pursuant to the Freedom of Information Act,
the Corporation is required to publish current information in the
Federal Register that provides guidance to the public regarding how to
obtain information about and from the Corporation. See 5 U.S.C. 552.
The Corporation's Operations and Regulations Committee (``Committee'')
of the Corporation's Board of Directors (``Board'') met on July 13,
1997, in Los Angeles, California, and voted to recommend technical
changes to the rule so that it would conform to this FOIA requirement.
On July 14, 1997, the changes were recommended to the Board, which
adopted the revisions and directed that they be published as final with
an effective date on the date of publication.
This final rule makes several technical revisions to the
Corporation's FOIA regulation to correct inaccurate and misleading
information, so that the Corporation is in compliance with the FOIA.
The corrections include changing the Corporation's address to reflect
its current location and deleting references to regional offices that
no longer exist. Related stylistic and grammatical changes are also
made. None of the changes are substantive, and therefore the changes do
not require a public notice and comment period. The revisions are
effective on the date of publication.
List of Subjects in 45 CFR Part 1602
Grant programs, Legal services.
For the reasons set forth in the preamble, LSC amends 45 CFR part
1602 to read as follows:
PART 1602--PROCEDURES FOR DISCLOSURE OF INFORMATION UNDER THE
FREEDOM OF INFORMATION ACT
1. The authority citation for part 1602 is revised to read as
follows:
Authority: 5 U.S.C. 552 and 42 U.S.C. 2996d(g).
2. Section 1602.4 is revised to read as follows:
Sec. 1602.4 Index of records.
The Corporation will maintain a current index identifying any
matter within the scope of Sec. 1602.5(b) (1) through (3) which has
been issued, adopted, or promulgated by the Corporation, and other
information
[[Page 45755]]
published or made publicly available. The index will be maintained and
made available for public inspection and copying at the Corporation's
office in Washington, DC. The Corporation will provide a copy of the
index on request, at a cost not to exceed the direct cost of
duplication.
3. Section 1602.5 is amended by revising paragraph (a) to read as
follows:
Sec. 1602.5 Central records room.
(a) The Corporation will maintain a central records room at its
office at 750 First Street, NE. 11th Floor, Washington, DC 20002-4250.
This room will be supervised by a Records Officer, and will be open
during regular business hours of the Corporation for the convenience of
members of the public in inspecting and copying records made available
pursuant to this part. Certain records, described in paragraph (b) of
this section, will be regularly maintained in or in close proximity to
the records room, to facilitate access thereto by any member of the
public.
* * * * *
4. Section 1602.7 is amended by revising the heading and paragraph
(b) to read as follows:
Sec. 1602.7 Use of records room.
* * * * *
(b) The records room will also be available to any member of the
public to inspect and copy records which are not regularly maintained
in such room. To obtain such records a person should present his or her
request identifying the records to the Records Officer. Because it will
sometimes be impossible to produce these records or copies of them on
short notice, a person who wishes to use records room facilities to
inspect or copy such records is advised to arrange a time in advance,
by telephone or letter request made to the Records Officer. Persons
submitting requests by telephone will be advised by the Records Officer
or another designated employee whether a written request would be
advisable to aid in the identification and expeditious processing of
the records sought. Persons submitting written requests should identify
the records sought in the manner provided in Sec. 1602.8(b) and should
indicate whether they wish to use the records room facilities on a
specific date. The Records Officer will endeavor to advise the
requesting party as promptly as possible if, for any reason, it may not
be possible to make the records sought available on the date requested.
5. Section 1602.8 is amended by revising paragraphs (a) and (b) (4)
and (5) to read as follows:
Sec. 1602.8 Availability of records on request.
(a) In addition to the records made available through the records
room, the Corporation will make such records available to any person in
accordance with paragraphs (b) and (c) of this section, unless it is
determined that such records should be withheld and are exempt from
mandatory disclosure under the FOIA and Sec. 1602.9 of these
regulations.
(b) Requests. * * *
(4) All requests for records under this section shall be made in
writing, with the envelope and the letter clearly marked ``Freedom of
Information Request.'' All such requests shall be addressed to the
Records Officer at the address given in Sec. 1602.5(a). Any request not
marked and addressed as specified in this paragraph will be so marked
by Corporation personnel as soon as it is properly identified, and
forwarded immediately to the Records Officer. A request improperly
addressed will not be deemed to have been received for purposes of the
time period set forth in paragraph (c) of this section until forwarding
has been effected. On receipt of an improperly addressed request, the
Records Officer shall notify the requesting party of the date on which
the time period commenced to run.
(5) A person desiring to secure copies of records by mail should
write to the Records Officer at the address given in Sec. 1602.5(a).
The request must identify the records of which copies are sought in
accordance with the requirements of this paragraph, and should indicate
the number of copies desired. Fees may be required to be paid in
advance in accordance with Sec. 1602.13. The requesting party will be
advised of the estimated fee, if any, as promptly as possible. If a
waiver of fees is requested, the grounds for such request should be
included in the letter.
* * * * *
5. Section 1602.12(a) is revised to read as follows:
Sec. 1602.12 Appeals of denial.
(a) Any person whose written request has been denied is entitled to
appeal the denial within ninety days by writing to the President of the
Corporation at the address given in Sec. 1602.5(a). The envelope and
letter should be clearly marked ``Freedom of Information Appeal.'' An
appeal need not be in any particular form, but should adequately
identify the denial, if possible, by describing the requested record,
identifying the official who issued the denial, and providing the date
on which the denial was issued.
* * * * *
Dated: August 25, 1997.
Victor M. Fortuno,
General Counsel.
[FR Doc. 97-23040 Filed 8-28-97; 8:45 am]
BILLING CODE 7050-01-P
