[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Rules and Regulations]
[Pages 32644-32646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15961]



-----------------------------------------------------------------------

[[Page 32645]]


DEPARTMENT OF AGRICULTURE
Rural Housing Service
Rural Business-Cooperative Service
Rural Utilities Service
Farm Service Agency

7 CFR Part 2018


Statement of the Availability of Information to the Public

AGENCIES: Rural Housing Service, Rural Business-Cooperative Service, 
Rural Utilities Service, and Farm Service Agency, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The issuing agencies amend the statement of availability of 
information to the public. Agency names, addresses, and some of the job 
position titles in the field structure have been changed to reflect the 
reorganization of the United States Department of Agriculture (USDA).

EFFECTIVE DATE: June 25, 1996.

FOR FURTHER INFORMATION CONTACT: Dorothy Hinden, Freedom of Information 
Officer, Support Services Division, Rural Development, Room 0162, South 
Agriculture Building, 14th and Independence Avenue, S.W., Washington, 
DC 20250-1533, Telephone (202) 720-9638.

SUPPLEMENTARY INFORMATION:

Classification

    This action has been reviewed under USDA procedures which implement 
Executive Order 12886. The action is exempt from the requirements of 
that Executive Order because it involves only internal agency 
management. While it is USDA policy to publish for comment rules 
relating to public property, loans, grants, benefits, or contracts 
notwithstanding the exemption in 5 U.S.C. 553 with respect to such 
rules, this action involves only internal agency management. Therefore, 
publication for comment is unnecessary.

Background

    Former subpart F of part 2018 of Title 7 of the Code of Federal 
Regulations dealt with the availability of information to the public 
from Farmers Home Administration (FmHA). FmHA is no longer in 
existence. Hence, this document removes references to FmHA and replaces 
them with information to reflect changes made by the Department of 
Agriculture Reorganization Act of 1994. Due to the reorganization of 
USDA, FmHA Farmer Programs are now being administered as Farm Credit 
Programs by the Farm Service Agency (FSA). FmHA Rural Housing and 
Community Facilities programs are administered by the Rural Housing 
Service (RHS), Water and Waste programs are administered by the Rural 
Utilities Service (RUS), and Business and Industry programs are 
administered by the Rural Business-Cooperative Service (RBS). The 
affected agencies are jointly issuing this final rule. The following 
agencies all come under Rural Development: RHS, RUS, and RBS.

List of Subjects in 7 CFR Part 2018

    Administrative practice and procedure, Freedom of information.

    Accordingly, part 2018, chapter XVIII, title 7, Code of Federal 
Regulations is amended as follows:

PART 2018--GENERAL

    1. The authority citation for part 2018 continues to read as 
follows:

    Authority: 5 U.S.C. 552.

    2. Subpart F of part 2018 is revised to read as follows:

Subpart F--Availability of Information

Sec.
2018.251  General statement.
2018.252  Public inspection and copying.
2018.253  Indexes.
2018.254  Requests for records.
2018.255  Appeals.
2018.256-2018.300  [Reserved]

Subpart F--Availability of Information


Sec. 2018.251   General statement.

    In keeping with the spirit of the Freedom of Information Act 
(FOIA), the policy of Rural Development and its component agencies, 
Rural Housing Service (RHS), Rural Utilities Service (RUS), and Rural 
Business-Cooperative Service (RBS), governing access to information is 
one of nearly total availability, limited only by the countervailing 
policies recognized by the FOIA.


Sec. 2018.252   Public inspection and copying.

    Facilities for inspection and copying are provided by the Freedom 
of Information Officer (FOIO) in the National Office, by the State 
Director in each State Office, by the Rural Development Manager 
(formerly, District Director) in each District Office, and by the 
Community Development Manager (formerly, County Supervisor) in each 
County Office. A person requesting information may inspect such 
materials and, upon payment of applicable fees, obtain copies. Material 
may be reviewed during regular business hours. If any of the Rural 
Development materials requested are not located at the office to which 
the request was made, the request will be referred to the office where 
such materials are available.


Sec. 2018.253   Indexes.

    Since Rural Development does not maintain any materials to which 5 
U.S.C. 552(a)(2) applies, it maintains no indexes.


Sec. 2018.254   Requests for records.

    Requests for records are to be submitted in accordance with 7 CFR 
1.3 and may be made to the appropriate Community Development Manager, 
Rural Development Manager, State Administrative Management Program 
Director (formerly, State Administrative Officer), State Director, 
Freedom of Information/Privacy Act Specialist, or Freedom of 
Information Officer. The last two positions are located in the Rural 
Development Support Services Division, Washington, DC 20250. The phrase 
``FOIA REQUEST'' should appear on the outside of the envelope in 
capital letters. The FOIA requests under the Farm Credit Programs 
(formally FmHA Farmer Programs) should be forwarded to the Farm Service 
Agency (FSA), Freedom of Information Officer, Room 3624, South 
Agriculture Building, 14th & Independence Avenue, SW., Washington, DC 
20250-0506. Requests should be as specific as possible in describing 
the records being requested. The FOIO, Freedom of Information/Privacy 
Act Specialist, each State Administrative Management Program Director, 
each State Director, each Rural Development Manager, and each Community 
Development Manager are delegated authority to act respectively at the 
national, state, district, or county level on behalf of Rural 
Development to:
    (a) Deny requests for records determined to be exempt under one or 
more provisions of 5 U.S.C. 552(b);
    (b) Make discretionary releases (unless prohibited by other 
authority) of such records when it is determined that the public 
interests in disclosure outweigh the public and/or private ones in 
withholding; and
    (c) Reduce or waive fees to be charged where determined to be 
appropriate.


Sec. 2018.255   Appeals.

    If all or any part of an initial request is denied, it may be 
appealed in accordance with 7 CFR 1.7 to that particular Agency 
possessing the documents. Please select the appropriate Agency to 
forward your FOIA appeal from the following addresses: Administrator, 
Rural Housing Service, Room 5014, AG Box 0701, 14th & Independence 
Avenue, S.W.--South Building, Washington, DC 20250-0701; Administrator, 
Rural Business-

[[Page 32646]]

Cooperative Service, Room 5045, AG Box 3201, 14th & Independence 
Avenue, S.W.--South Building, Washington, DC 20250-3201 and 
Administrator, Rural Utilities Service, Room 4501, AG Box 1510, 14th & 
Independence Avenue, SW.--South Building, Washington, DC 20250-1510. 
The phrase ``FOIA APPEAL'' should appear on the front of the envelope 
in capital letters.


Secs. 18.256--2018.300   [Reserved]

    Dated: June 10, 1996.
Jill Long Thompson,
Under Secretary, Rural Development.
[FR Doc. 96-15961 Filed 6-24-96; 8:45 am]
BILLING CODE 3410-07-P