This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

67693

Vol. 62, No. 249

Tuesday, December 30, 1997

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 412

Public Information

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Final rule.

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:
67694 Federal Register / Vol. 62, No. 249 / Tuesday, December 30, 1997 / Rules and Regulations

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.

§ 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.

§ 412.2 Public inspection and copying.

(a) Members of the public may request

access to the information specified in

§ 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.

§ 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

§ 412.2(b).

§ 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.

§ 412.5 Appeals.

Any person whose request under

§ 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.

§ 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]

BILLING CODE 3410–08–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

[Docket No. FV98–959–1 IFR]

Onions Grown in South Texas;

Decreased Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

decreases the assessment rate

established for the South Texas Onion

Committee (Committee) under

Marketing Order No. 959 for the 1997–

98 and subsequent fiscal periods. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of onions

grown in South Texas. Authorization to

assess Texas onion handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The 1997–98 fiscal period

began August 1 and ends July 31. The

assessment rate will continue in effect

indefinitely unless modified,

suspended, or terminated.

DATES: Effective December 31, 1997.

Comments received by March 2, 1998,

will be considered prior to issuance of

a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Programs, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; Fax: (202)

205–6632. Comments should reference

the docket number and the date and

page number of this issue of the Federal

Register and will be available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Cynthia Cavazos or Belinda G. Garza,

McAllen Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

1313 East Hackberry, McAllen, Texas

78501; telephone: (956) 682–2833, Fax:

(956) 682–5942 or Anne M. Dec,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

205–6632. Small businesses may request

information on compliance with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box