Availability of Information and Records to the Public

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