`[Federal Register Volume 60, Number 248 (Wednesday, December 27, 1995)]
[Rules and Regulations]
[Pages 66861-66862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31183]



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DEPARTMENT OF AGRICULTURE
Cooperative State Research, Education, and Extension Service

7 CFR Part 3404


Availability of Information

AGENCY: Cooperative State Research, Education, and Extension Service, 
USDA.

ACTION: Final rule.

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SUMMARY: This document amends regulations of the Department of 
Agriculture (USDA) regarding the availability of information to the 
public in accordance with the Freedom of Information Act (FOIA) to 
reflect the establishment of the Cooperative State Research, Education, 
and Extensive Service (CSREES) by the Department of Agriculture 
Reorganization Act of 1994.

EFFECTIVE DATE: December 27, 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 (5 U.S.C. 552(a)(1)) requires 
Federal agencies to publish in the Federal Register regulations 
describing how the public may obtain information from the agency. This 
part is issued in accordance with the regulations of the Secretary of 
Agriculture at 7 CFR part 1, Subpart A, implementing FOIA.
    CSREES was established by section 251(d) of the Department of 
Agriculture Reorganization Act of 1994, Public Law 103-354 (USDA 
Reorganization Act). The USDA Reorganization Act abolished the former 
Cooperative State Research Service (CSRS) and Extension Service (ES) 
and consolidated the functions of the Department related to cooperative 
State research programs and cooperative extension and education 
programs formerly administered by CSRS and ES into the new CSREES. This 
document amends 7 CFR part 3404 to reflect the reorganization of USDA, 
to make technical corrections in the regulations, and to inform the 
public of the change in location of the FOIA Coordinator for CSREES 
delegated the authority to make initial determinations on FOIA requests 
in accordance with 7 CFR 1.3(a)(3).
    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 rule may be made effective less 
than 30 days after publication in the Federal Register. Further, since 
this rule relates to 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.

List of Subjects in 7 CFR Part 3404

    Freedom of information.

    Accordingly, 7 CFR part 3404 is revised to read as follows:
    
[[Page 66862]]


PART 3404--PUBLIC INFORMATION

Sec.
3404.1  General statement.
3404.2  Public inspection, copying, and indexing.
3404.3  Requests for records.
3404.4  Denials.
3404.5  Appeals.

    Authority: 5 U.S.C. 301, 552; 7 CFR part 1, subpart A.


Sec. 3404.1  General statement.

    This part is issued in accordance with the regulations of the 
Secretary of Agriculture in part 1, subpart A of this title, 
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 Cooperative State 
Research, Education, and Extension Service to the public.


Sec. 3404.2  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 CSREES at the following office: Information Staff, Agricultural 
Research Service, 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. 3404.3  Requests for records.

    Requests for records of CSREES 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 at the following address: Information Staff, 
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. 3404.5  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. 13404.6  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, 
Cooperative State Research, Education, and Extension Service, U.S. 
Department of Agriculture, Washington, DC 20250.

    Done at Washington, D.C., this 15th day of December 1995.
Colien Hefferan,
Acting Administrator, Cooperative State Research, Education, and 
Extension Service.
[FR Doc. 95-31183 Filed 12-26-95; 8:45 am]
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