[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)] [Rules and Regulations] [Pages 39047-39048] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-18998] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Food and Consumer Service 7 CFR Part 295 RIN 0584-AC13 Availability of Information and Records to the Public AGENCY: Food and Consumer Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends the Food and Consumer Service (FCS) Freedom of Information Act (FOIA) regulations contained in 7 CFR part 295 as required by the FOIA and 7 CFR part 1--Administrative Regulations, subpart A--Official Records, Sec. 1.3 Agency Implementing Regulations. The revised information mainly reflects changes in office addresses and locations and expands the information for accessing records. EFFECTIVE DATE: August 26, 1996. FOR FURTHER INFORMATION CONTACT: Joseph M. Scordato, Freedom of Information Act Officer, Information Technology Division, Food and Consumer Service, USDA, Alexandria, VA 22302 (703-305-2244). 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. Part 295 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. 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 Order 12866. The Administrator of FCS has certified that 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 contains no reporting or recordkeeping requirements subject to review under the Paperwork Reduction Act of 1995 (Pub. L. 104-13). This rule has been reviewed under Executive Order 12988, Civil Justice Reform, and has been determined to meet the applicable standards of the Executive Order. This rule is intended to have preemptive effect with respect to any State or local laws, regulations, or policies that conflict with its provisions, or that would otherwise impede its full implementation. Prior to any judicial challenge to the application of this rule, a requester must exhaust all applicable administrative remedies provided in 7 CFR part 1, subpart A. By this publication the Food and Consumer Service is notifying the Public of its office locations, the hours of operation, the kinds of information available, and the responsible officials where information may be obtained. In addition to the headquarters offices, the Food and Consumer Service has regional and field offices located throughout the Country. List of Subjects in 7 CFR Part 295 Freedom of Information. Accordingly, 7 CFR part 295 is revised to read as follows: PART 295--AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC Sec. 295.1 General statement. 295.2 Organizational description. 295.3 Informational and educational publications. 295.4 Program evaluation status reports. 295.5 Program statistical reports. 295.6 Public inspection and copying. 295.7 Indexes. 295.8 Requests. 295.9 Appeals. Authority: 5 U.S.C. 301, 552; 7 CFR 1.1-1.23. Sec. 295.1 General statement. This part is issued in accordance with the regulations of the Secretary of Agriculture 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 the regulations in this part, govern the availability of records of FCS to the public. Sec. 295.2 Organizational description. The description of the central and field organization of FCS is published as a notice in the Federal Register and may be revised from time to time in like manner. Such description contains a listing of FCS headquarters and field organizational units and their functions. Sec. 295.3 Informational and educational publications. FCS publishes a wide variety of informational and educational periodicals, pamphlets, brochures, leaflets, guides, and educational aids explaining the operation of FCS food [[Page 39048]] assistance programs. For more information concerning FCS publications and how to obtain them, write the Director, Public Information Staff, Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500. Sec. 295.4 Program evaluation status reports. FCS also publishes summaries of objectives and findings of completed studies and projects concerning evaluation of FCS food assistance programs. A copy of the current status report on completed studies may be obtained by writing the Director, Office of Analysis and Evaluation, Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500. Sec. 295.5 Program statistical reports. Current and historical information on FCS food assistance program size, monetary outlays, geographic distribution, racial and ethnic participation rates, and other data is published throughout the year. Limited supplies are available for public distribution upon request. Write the Director, Program Information Division, Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500. Sec. 295.6 Public inspection and copying. 5 U.S.C. 552(a)(2) requires that certain informational materials be made available for public inspection and copying. Such materials maintained by FCS may be inspected and copied during regular office hours (currently 8:30 a.m. to 5 p.m.). Interested parties may submit requests to the FCS Records Management Officer, Information Technology Division, 3101 Park Center Drive, Alexandria, VA 22302-1500. Sec. 295.7 Indexes. 5 U.S.C. 552(a)(2) also requires an index of the materials required to be made available for public inspection and copying be published quarterly. Copies of this Index for FCS materials will be maintained for public inspection and copying during regular office hours in FCS Library, Room 810, 3101 Park Center Drive, Alexandria, Va. 22302-1500. Free copies of the current index may be obtained by writing or visiting any of the FCS offices listed in the local telephone directory or those listed below: (a) Records Management Officer, Information Technology Division, Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, Va. 22302-1500. (b) Director, Financial Management, Food and Consumer Service, USDA, 300 Corporate Blvd., Mercer Corporate Park, Robbinsville, NJ 08691-1518. (c) Director, Financial Management, Food and Consumer Service, USDA, 77 Forsyth Street, SW, Atlanta, GA 30303-3427. (d) Director, Financial and Administrative Management, Food and Consumer Service, USDA, 77 W. Jackson Blvd., Chicago, Illinois 60604- 3507. (e) Director, Financial Management, Food and Consumer Service, USDA, 1100 Commerce St., Dallas, Texas 75242-9980. (f) Director, Financial Management, Food and Consumer Service, USDA, 550 Kearney St., San Francisco, CA 94108-2518. (g) Director, Financial Management, Food and Consumer Service, USDA, 10 Causeway Street, Boston, MA 02222-1069. (h) Director, Financial and Administrative Management, Food and Consumer Service, USDA, 1244 Speer Blvd., Denver, CO 80204-3581. Sec. 295.8 Requests. (a) Requests for FCS program records under 5 U.S.C. 552(a)(3) shall be made in accordance with USDA Administrative Regulations 7 CFR 1.6 and addressed to the appropriate FCS official listed below: (1) Food Stamp program records--Requests for Food Stamp information should be addressed to the Director of the appropriate Division (Program Development Division, Benefit Redemption Division, or Program Accountability Division) at the following address: Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, VA, 22302-1500. (2) Child Nutrition Program records--Director, Child Nutrition Division, Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500. (3) Food Distribution Program records--Director, Food Distribution Division, Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500. (4) Supplemental Food Program records--Director, Supplemental Food Programs Division, Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500. (b) If the requester is unable to determine the official to whom his request should be addressed, he should address it to: Freedom of Information Act Officer, Information Technology Division, 3101 Park Center Drive, Alexandria, VA 22302. The Freedom of Information Act Officer will refer such requests to the appropriate official. (c) The officials outlined in paragraph (a) are authorized to make determinations in accordance with USDA Administrative Regulations at 7 CFR 1.8. Sec. 295.9 Appeals. (a) Any person whose request for records is denied shall have the right to appeal that denial in accordance with USDA Administrative Regulations 7 CFR 1.13. All appeals shall be addressed to: Administrator, Food and Consumer Service, USDA, 3101 Park Center Drive, Alexandria, VA 22302-1500. (b) The following officials are delegated authority to make decisions on Freedom of Information Act appeals at the address above: (1) Food Stamp program (general)--Deputy Administrator, Food Stamp Program; (2) Food Stamp program (appeals on names of Food Stamp Investigators and Investigative aids)--Director, Benefit Redemption Division; (3) Child Nutrition program--Deputy Administrator, Special Nutrition Programs; (4) Food Distribution program--Deputy Administrator, Special Nutrition Programs; (5) Supplemental Food program--Deputy Administrator, Special Nutrition Programs; (6) Management offices--Deputy Administrator, Management; (7) Financial Management offices--Deputy Administrator, Financial Management; (8) Appeals not covered above--Associate Administrator, FCS. Dated: July 15, 1996. William E. Ludwig, Administrator, Food and Consumer Service. [FR Doc. 96-18998 Filed 7-25-96; 8:45 am] BILLING CODE 3410-30-U