Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations 66861

geographic areas and number of

members assigned to each area have

been accomplished through informal

rulemaking in § 1250.510 of the

regulations. Therefore, portions of

§ 1250.328(d) are outdated and obsolete.

Removing § 1250.328(d) in the Order

except for the last sentence avoids

current and future conflicting

information in companion rules should

additional changes be required.

Appropriate language of § 1250.328(e)

also is removed.

Miscellaneous Provisions

Sections 1250.360 and 1250.552 are

miscellaneous provisions which were

included in the Order and rules and

regulations when they were originally

published.

Section 1250.360 deals with board

members’ and alternates’ personal

liability and is similar to provisions

found in § 1250.547 of the rules and

regulations. Therefore, § 1250.360 is

removed.

Section 1250.552 establishes the right

of the Secretary to review and approve

substantive plans of the board; it

duplicates § 1250.361 of the Order and

is removed.

Refund Provisions

Other sections [§§ 1250.336 (g) and

(h), 1250.350, and 1250.523] originally

implemented a statutory provision

allowing producers to request refunds of

assessments paid to the Egg Board. In a

July-August 1990 referendum,

producers voted in favor of mandatory

assessments and eliminating the refund

option. Therefore, the refund provisions

are no longer applicable and should be

removed from the Order and

regulations.

After consideration of all relevant

material with regard to the termination

of the order provisions as hereinafter set

forth, it is found that the provisions no

longer tend to effectuate the declared

policy of the Act.

Pursuant to the provisions in 5 U.S.C.

553, it is found and determined upon

good cause that it is impracticable,

unnecessary, and contrary to the public

interest to give preliminary notice or to

engage in further public procedure prior

to putting this rule into effect and that

good cause exists for not postponing the

effective date of this action until 30 days

after publication in the Federal Register

for the following reasons: (1) The

sections being removed are either

duplicative or obsolete, and removal

will not alter any aspect of the program;

and (2) no useful purpose would be

served by a delay of the effective date.

List of Subjects in 7 CFR Part 1250

Administrative practice and

procedure, Advertising, Agricultural

research, Eggs and egg products,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 1250 is amended

as follows:

PART 1250—[AMENDED]

1. The authority citation of part 1250

continues to read as follows:

Authority: Pub. L. 93–428, 88 Stat. 1171,

as amended, 7 U.S.C. 2701–2718.

§ 1250.328 [Amended]

2. § 1250.328, the first sentence of

paragraph (d) is removed.

§ 1250.328 [Amended]

3. In § 1250.328(e), the words

‘‘provided for in paragraph (d) of this

section’’ are removed.

§ 1250.336 [Amended]

4. In § 1250.336, paragraphs (g) and

(h) are removed and reserved.

§ 1250.350 [Removed and Reserved]

5. Section 1250.350 is removed and

reserved.

§ 1250.360 [Removed and Reserved]

6. Section 1250.360 is removed and

reserved.

§ 1250.523 [Removed]

7. Section 1250.523 and the

undesignated center heading preceding

it are removed.

§ 1250.552 [Removed]

8. Section 1250.552 and the

undesignated center heading preceding

it are removed.

Dated: December 18, 1995

Shirley R. Watkins,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

[FR Doc. 95–31275 Filed 12–26–95; 8:45 am]

BILLING CODE 3410–02–P

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.

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:
66862 Federal Register / Vol. 60, No. 248 / Wednesday, December 27, 1995 / Rules and Regulations

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.

§ 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.

§ 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.

§ 3404.3 Requests for records.

Requests for records of CSREES under

5 U.S.C. 552(a)(3) shall be made in

accordance with § 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 § 1.3(a)(3) of this

title.

§ 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 § 1.8(a) of this title.

§ 13404.6 Appeals.

Any person whose request is denied

shall have the right to appeal such

denial. Appeals shall be made in

accordance with § 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]

BILLING CODE 3410–22–M

Economic Research Service

7 CFR Part 3701

Availability of Information

AGENCY: Economic Research Service,

USDA.

ACTION: Final rule.

SUMMARY: This document amends

regulations of the Economic Research

Service (ERS) regarding the availability

of information to the public in

accordance with the Freedom of

Information Act (FOIA) to notify the

public of a change in the location of the

ERS FOIA Coordinator and the location

where published data is available.

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. This

document amends 7 CFR part 3701 to

inform the public of the change in

location of the FOIA Coordinator for

ERS delegated the authority to make

initial determinations on FOIA requests

in accordance with 7 CFR 1.3(a)(3), and

the location where published data are

available to the public.

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 3701

Freedom of information.

Accordingly, 7 CFR part 3701 is

revised to read as follows:

PART 3701—PUBLIC INFORMATION

Sec.

3701.1 General statement.

3702.2 Public inspection, copying, and

indexing.

3701.3 Request for records.

2701.4 Denials.

3701.5 Appeals.

3701.6 Requests for published data and

information.

Authority: 5 U.S.C. 301 and 552; 7 CFR

part 1, subpart A.

§ 3701.1 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 Economic Research Service (ERS) to

the public.

§ 3701.2 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 ERS 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.

§ 3701.3 Request for records.

Requests for records of ERS shall be

made in accordance with § 1.6 (a) and

(b) 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) 344–2425.

The FOIA Coordinator is delegated

authority to make determinations

regarding such requests in accordance

with § 1.3(a)(3) of this title.

§ 3701.4 Denials.

If the FOIA Coordinator determines

that a requested record is exempt from

mandatory disclosure and that