[Federal Register Volume 62, Number 249 (Tuesday, December 30, 1997)]
[Rules and Regulations]
[Pages 67693-67694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33828]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 /
Rules and Regulations
[[Page 67693]]
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DEPARTMENT OF AGRICULTURE
Federal Crop Insurance Corporation
7 CFR Part 412
Public Information
AGENCY: Federal Crop Insurance Corporation, USDA.
ACTION: Final rule.
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SUMMARY: The Federal Crop Insurance Corporation (FCIC) hereby revises
and reissues the regulations governing the availability of information
to the public found in 7 CFR part 412. The intended effect of this rule
is to redesignate FCIC office from whom information may be requested by
the public, and the location and type of information to the public.
EFFECTIVE DATE: This rule is effective December 30, 1997.
FOR FURTHER INFORMATION CONTACT: Donna Basset, Paralegal, Appeals,
Litigation and Legal Liaison Staff, Risk Management Agency, United
States Department of Agriculture, 1400 Independence Avenue, SW, STOP
0807, room 6618-S, Washington, D.C., 20250-0803, telephone number (202)
690-0679.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule has been determined to be exempt and, therefore, has not
been reviewed by the Office of Management and Budget (OMB).
Paperwork Reduction Act of 1995
In accordance with the Paperwork Reduction Act of 1995, this rule
does not contain reporting or record keeping requirements subject to
approval by the Office of Management and Budget.
Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. This rule contains no Federal
mandates (under the regulatory provisions of title II of the UMRA) for
State, local, and tribal governments or the private sector. Therefore,
this rule is not subject to the requirements of sections 202 and 205 of
the UMRA.
Executive Order 12612
It has been determined under section 6(a) of Executive Order No.
12612, Federalism, that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment. The
provisions contained in this rule will not have a substantial direct
effect on States or their political subdivisions, or on the
distribution of power and responsibilities among the various levels of
government.
Regulatory Flexibility Act
This regulation will not have a significant economic impact on a
substantial number of small entities. The rule makes only technical
changes to the Public Information regulation to update and publish the
offices from whom information may be requested by the public and the
location. Therefore, this action is determined to be exempt from the
provisions of the Regulatory Flexibility Act (5 U.S.C. 605), and no
Regulatory Flexibility Analysis was prepared.
Federal Assistance Program
This program is listed in the Catalog of Federal Domestic
Assistance under No. 10.450.
Executive Order 12372
This program is not subject to the provisions of Executive Order
12372, which require intergovernmental consultation with State and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115, June 24, 1983.
Executive Order 12988
This final rule has been reviewed in accordance with Executive
Order No. 12988 on civil justice reform. The provisions of this rule
will not have retroactive effect. The provisions of this rule will
preempt State and local laws to the extent such State and local laws
are inconsistent herewith. The administrative appeal provisions
contained herein must be exhausted before action against FCIC for
judicial review may be brought.
Environmental Evaluation
This action is not expected to have a significant impact on the
quality of the human environment, health, and safety. Therefore,
neither an Environmental Assessment nor an Environmental Impact
Statement is needed.
National Performance Review
This regulatory action is being taken as part of the National
Performance Review Initiative to eliminate unnecessary or duplicative
regulations and improve those that remain in force.
Background
Under the Freedom of Information Act (FOIA) affirmative disclosure
provisions contained in 5 U.S.C. 552 (a) (1) and (2), FCIC is required
to make certain information regarding its organization, operations, and
regulations available for public use so the public can deal with FCIC
knowledgeably and effectively. The current regulations do not reflect
the recent changes to the name and address of the FOIA Officer, changes
in addresses and locations, and the type of information available to
the public. These changes relate to internal agency management and
personnel. The provisions of the Administrative Procedures Act
concerning notice and opportunity for comment on agency rulemaking (5
U.S.C. 553) do not apply to the promulgation of agency rules of
organization, procedure, or practice. For this reason, these changes
are made effective upon publication in the Federal Register.
List of Subjects in 7 CFR Part 412
Administrative practice and procedure, Freedom of Information Act,
Availability of information to the public.
Final Rule
For the reasons set forth in the preamble, 7 CFR part 412 is
revised to read as follows:
[[Page 67694]]
PART 412--PUBLIC INFORMATION--FREEDOM OF INFORMATION
Sec.
412.1 General statement.
412.2 Public inspection and copying.
412.3 Index.
412.4 Requests for records.
412.5 Appeals.
412.6 Timing of responses to requests.
Authority: 5 U.S.C. 552 and 7 U.S.C. 1506.
Sec. 412.1 General statement.
This part is issued in accordance with the regulations of the
Secretary of Agriculture published 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 this part, and the Risk
Management Agency (RMA) govern availability of records of the Federal
Crop Insurance Corporation (FCIC) as administration of the crop
insurance program for FCIC.
Sec. 412.2 Public inspection and copying.
(a) Members of the public may request access to the information
specified in Sec. 412.2(d) for inspection and copying.
(b) To obtain access to specified information, the public should
submit a written request, in accordance with 7 CFR 1.6, to the Appeals,
Litigation and Legal Liaison Staff, Risk Management Agency, United
States Department of Agriculture, 1400 Independence Avenue, SW, STOP
0807, room 6618-S, Washington, DC, 20250-0807, from 9:00 a.m.--4:00
pm., EDT Monday through Friday, except holidays.
(c) When the information requested is not located at the office of
the Appeals, Litigation and Legal Liaison Staff, the Appeals,
Litigation and Legal Liaison Staff will direct the request to the
appropriate office where the information can be obtained. The requester
will be informed that the request has been forwarded to the appropriate
office.
(d) FCIC will make available for inspection and copying, unless
otherwise exempt from publication under sections 552(a)(2)(C) and
552(b):
(1) Final opinions, including concurring and dissenting opinions
and orders made in the adjudication of cases; and
(2) Those statements of policy and interpretations that have been
adopted by FCIC and RMA and are not published in the Federal Register;
and
(3) Administrative staff manuals and instructions to staff that
affect a member of the public.
Sec. 412.3 Index.
5 U.S.C. 552(a)(2) requires that each agency publish, or otherwise
make available, a current index of all materials available for public
inspection and copying. RMA and FCIC will maintain a current index
providing identifying information for the public as to any material
issued, adopted, or promulgated by the Agency since July 4, 1967, and
required by section 552(a)(2). Pursuant to the Freedom of Information
Act provisions, RMA and FCIC have determined that in view of the small
number of public requests for such index, publication of such an index
would be unnecessary and impracticable. Copies of the index will be
available upon request in person or by mail at the address stated in
Sec. 412.2(b).
Sec. 412.4 Requests for records.
The Director of the Appeals, Litigation and Legal Liaison staff,
RMA located at the above stated address, is the person authorized to
receive Freedom of Information Act and to determine whether to grant or
deny such requests in accordance with 7 CFR 1.8.
Sec. 412.5 Appeals.
Any person whose request under Sec. 412.4 is denied shall have the
right to appeal such denial. This appeal shall be submitted in
accordance with 7 CFR 1.13 and addressed to the Manager, Federal Crop
Insurance Corporation, United States Department of Agriculture, 1400
Independence Avenue, SW, STOP 0807, room 6618-S, Washington, DC, 20250-
0807.
Sec. 412.6 Timing of responses to requests.
(a) In general, FCIC will respond to requests according to their
order of receipt.
(b) Existing responsive documents or information may be maintained
in RMA's field offices. Therefore, extra time may be necessary to
search and collect the documents.
Signed in Washington, D. C. on December 22, 1997.
Robert Prchal,
Acting Manager, Federal Crop Insurance Corporation.
[FR Doc. 97-33828 Filed 12-29-97; 8:45 am]
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