45754 Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations

Enforcement Fairness Act of 1996, the

Agency has submitted a report

containing this rule and other required

information to the U.S. Senate, the U.S.

House of Representatives, and the

Comptroller General of the General

Accounting Office prior to publication

of this rule in today’s Federal Register.

This is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects

40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

40 CFR Part 185

Environmental protection, Food

additives, Pesticides and pests.

40 CFR Part 186

Environmental protection, Animal

feeds, Pesticides and pests.

Dated: August 18, 1997.

James Jones,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I, parts

180, 185, and 186 is amended as

follows:

PART 180—[AMENDED]

1. In part 180:

a. The authority citation for part 180

continues to read as follows:

Authority : 21 U.S.C. 346a and 371.

b. In § 180.205, the table in paragraph

(b) is amended by ordering

alphabetically the existing entries, and

by adding alphabetically entries for

‘‘peas, (dry),’’ and ‘‘mustard, seed,’’ to

read as follows:

§ 180.205 Paraquat; tolerances for

residues.

* * * * *

(b) * * *

Commodity Parts per million Expiration/Revocation Date

* * * * *

Peas (dry) ............................................................................................ 0.3 November 15, 1998

Mustard, seed ...................................................................................... 5.0 November 15, 1998

* * * * *

* * * * *

PART 185—[AMENDED]

2. In part 185:

a. The authority citation for part 185

continues to read as follows:

Authority : 21 U.S.C. 346a and 348.

§ 185.4700 [Removed]

b. Section 185.4700 is removed.

PART 186—[AMENDED]

3. In part 186:

a. The authority citation for part 186

continues to read as follows:

Authority : 21 U.S.C. 346a and 348.

§ 186.4700 [Removed]

b. Section 186.4700 is removed.

[FR Doc. 97–23094 Filed 8–28–97; 8:45 am]

BILLING CODE 6560–50–F

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.

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:

§ 1602.4 Index of records.

The Corporation will maintain a

current index identifying any matter

within the scope of § 1602.5(b) (1)

through (3) which has been issued,

adopted, or promulgated by the

Corporation, and other information
Federal Register / Vol. 62, No. 168 / Friday, August 29, 1997 / Rules and Regulations 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:

§ 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:

§ 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 § 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:

§ 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 § 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 § 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

§ 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 § 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:

§ 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 § 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

LEGAL SERVICES CORPORATION

45 CFR Part 1626

Restrictions on Legal Assistance to

Aliens

AGENCY: Legal Services Corporation.

ACTION: Final rule.

SUMMARY: This final rule revises the

Legal Services Corporation’s

(‘‘Corporation’’ or ‘‘LSC’’) rule on legal

representation of aliens. The revisions

to this rule are intended to implement

a statutory provision included in the

Corporation’s FY 1997 appropriations

act, which permits the use of a

recipient’s non-LSC funds for legal

assistance to otherwise ineligible aliens

who are the victims of domestic abuse.

DATES: The final rule is effective on

September 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Office of the General Counsel, (202)

336–8817.

SUPPLEMENTARY INFORMATION: Section

504(a)(11) of the LSC appropriations act

for Fiscal Year (‘‘FY’’) 1996, Pub. L.

104–134, 110 Stat. 1321 (1996),

prohibits the Corporation from

providing funding to any person or

entity (‘‘recipient’’) that provides legal

assistance to ineligible aliens.

Subsequent to the publication of an

interim rule to implement this

restriction, Congress passed the

Corporation’s 1997 appropriations act,

Pub. L. 104–208, 110 Stat. 3009 (1996).

That legislation amended the

§ 504(a)(11) restriction in the FY 1996

appropriations act to permit recipients

to use non-LSC funds to serve indigent

aliens who are victims of domestic

abuse on matters directly related to the

abuse (hereinafter referred to as the

‘‘Kennedy Amendment’’). The Kennedy

Amendment became effective on

October 1, 1996, during the comment

period for the interim rule. A number of

comments urged incorporation of the

Kennedy Amendment into the final

regulations, even though the interim

rule understandably made no mention

of the Kennedy Amendment because the

rule was published before enactment of

the Amendment. While the few

comments the Corporation received

made suggestions on how to include the

Amendment into the rule, the general

public was not provided notice of the

Amendment. Accordingly, on April 21,