[Federal Register Volume 60, Number 245 (Thursday, December 21, 1995)]
[Rules and Regulations]
[Pages 66061-66062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31098]



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DEPARTMENT OF AGRICULTURE

Agricultural Research Service

7 CFR Part 510


Availability of Information

AGENCY: Agricultural Research Service, USDA.

ACTION: Final rule.

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SUMMARY: This document amends regulations of the Agricultural Research 
Service (ARS) regarding the availability of information to the public 
in accordance with the Freedom of Information Act (FOIA) to inform the 
public of the change in location and title of the FOIA Coordinator for 
ARS and to make technical corrections in the regulations.

EFFECTIVE DATE: December 21, 1995.

FOR FURTHER INFORMATION CONTACT:
Stasia A.M. Hutchison, FOIA Coordinator, Agricultural Research Service, 
USDA, 6303 Ivy Lane, Room 456, Greenbelt, MD 20770, (301) 344-2207.

SUPPLEMENTARY INFORMATION: The FOIA requires agencies to publish in the 
Federal Register regulations describing how the public may obtain 
information from the agency (5 U.S.C. 552(a)(1)). Part 510 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.
    Pursuant to an internal reorganization of the Department of 
Agriculture (USDA), the National Agricultural Library (NAL) has been 
integrated as a subordinate unit within the Agricultural Research 
Service (ARS), USDA, and the Human Nutrition Information Service (HNIS) 
has been abolished and the research functions formerly administered by 
HNIS have been delegated to the Administrator, ARS. Requests for 
information relating to NAL or HNIS may be directed to the ARS FOIA 
Coordinator pursuant to the Part.
    Former Sections 510.2, Public inspection and copying, and 510.3, 
Index, have been merged into one new Section 510.2, Public inspection, 
copying, and indexing. A new Section 510.4, Denials, has been added to 
clarify the procedures when requested documents are denied by the FOIA 
Coordinator. This document also amends Part 510 to inform the public of 
the change in the location and title of the FOIA Coordinator for ARS.
    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 may be made effective less than 
30 days after publication in the Federal Register. Further, since this 
rule relates to 

[[Page 66062]]
internal agency management, it is exempt from the provisions of 
Executive Orders 12778 and 12866. Also, 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 supersedes the 
notice published in the Federal Register on May 18, 1988 (53 FR 17685).

List of Subjects in 7 CFR Part 510

    Freedom of Information.

    Accordingly, 7 CFR Part 510 is revised to read as follows:

PART 510--PUBLIC INFORMATION

Sec.
510.1  General statement.
510.2  Public inspection, copying, and indexing.
510.3  Requests for records.
510.4  Denials.
510.5  Appeals.

    Authority: 5 U.S.C. 301, 552; 7 CFR Part 1, Subpart A and 
Appendix A thereto.


Sec. 510.1  General statement.

    This part is issued in accordance with the regulations of the 
Secretary of Agriculture in Part 1, Subpart A of this title and 
Appendix A thereto, implementing the Freedom of Information Act (FOIA) 
(5 U.S.C. 552). The Secretary's regulations, as implemented by the 
regulations in this part, govern the availability of records of the 
Agricultural Research Service (ARS) to the public.


Sec. 510.2  Public inspection, copying, and indexing.

    5 U.S.C. 552(a)(2) requires that certain materials be made 
available for public inspection and copying and that a current index of 
these materials be published quarterly or otherwise be made available. 
Members of the public may request access to such materials maintained 
by ARS at the following office: Information Staff, ARS, USDA, 6303 Ivy 
Lane, Room 456, Greenbelt, MD 20770; Telephone (301) 344-2207. Office 
hours are 8:00 a.m. to 4:30 p.m.


Sec. 510.3  Requests for records.

    Requests for records of ARS under 5 U.S.C. 552(a)(3) shall be made 
in accordance with Sec. 1.6 of this title and submitted to the FOIA 
Coordinator, Agricultural Research Service, USDA, 6303 Ivy Lane, Room 
456, Greenbelt, MD 20770; Telephone (301) 344-2207; Facsimile (301) 
344-2325; TDD (301) 344-2435. The FOIA Coordinator is delegated 
authority to make determinations regarding such requests in accordance 
with Sec. 1.3(a)(3) of this title.


Sec. 510.4  Denials.

    If the FOIA Coordinator determines that a requested record is 
exempt from mandatory disclosure and that discretionary release would 
be improper, the FOIA Coordinator shall give written notice of denial 
in accordance with Sec. 1.8(a) of this title.


Sec. 510.5  Appeals.

    Any person whose request is denied shall have the right to appeal 
such denial. Appeals shall be made in accordance with Sec. 1.6(e) of 
this title and should be addressed as follows: Administrator, 
Agricultural Research Service, U.S. Department of Agriculture, 
Washington, DC 20250.

    Done at Washington, DC, this 18th day of December 1995.
K.D. Murrell,
Acting Associate Administrator, Agricultural Research Service.
[FR Doc. 95-31098 Filed 12-20-95; 8:45 am]
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