Organization, Functions, and Procedures; Freedom of Information Act

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Part 200

Organization, Functions, and Procedures; Freedom of Information

Act

AGENCY: Forest Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture is revising the Forest Service's

Freedom of Information Act (FOIA) procedures to permit the Chief of the

Forest Service to designate Washington Office staff directors to

receive requests for records, extend the reply deadline period, make

discretionary releases of records exempt form mandatory disclosure, and

deny records pursuant to the Act. The intent is to achieve more

efficiency and to balance the assignment of the FOIA workload. Since

this rule change relates solely to internal administration and the

carrying out of the Secretary's executive function of delegating

authority to agency heads, notice and comment prior to adoption of this

rule are not necessary.

EFFECTIVE DATE: This rule is effective October 1, 1998.

FOR FURTHER INFORMATION CONTACT: Naomi Charboneau, Freedom of

Information Act Officer, MAIL STOP 1143, Forest Service, USDA, P.O. Box

6090, Washington, D.C. 20090-6090. Telephone: (703) 235-9488.

SUPPLEMENTARY INFORMATION: Forest Service rules governing requests for

information made pursuant to the Freedom of Information Act are set out

in 36 CFR 200.7 and 200.8. In Sec. 200.7, Request for records, the

Deputy Chief for the program area involved is authorized to receive and

act on requests and to extend the 20-day administrative deadline for

reply, to make discretionary releases of material not exempt from

mandatory disclosure, and to deny records requested. Under Sec. 200.8,

appeals of details are made to and rendered by the Chief or other

official to whom such authority is delegated. Through the Forest

Service Manual Chapter 6270, the Chief has delegated all appeals to the

Deputy Chief for Operations.

An Internal Forest Service review reveals that this practice has

resulted in a disproportionate appeal workload being assigned to the

Deputy Chief for Operations. In response to this finding, the Chief has

determined that all Deputy Chiefs should share in the appeal decision

workload. This reassignment necessitates a change in who may respond to

initial requests. This final rule revises Sec. 200.7(a) to permit the

Washington office Staff Directors to exercise the authority to respond

to initial requests and make other decisions authorized in

Sec. 200.7(b). In addition, the final rule also adds the Direct of the

Institute of Tropical Forestry to the list of field officers authorized

under paragraph (a) to respond to initial requests. This position was

inadvertently omitted from a June 19, 1997, amendment updating Forest

Service unit names and addresses. The revised delegations of authority

to staff Directors, and Deputy Chiefs for FOIA responses to requests

and appeals, respectively, will be issued by the Chief in an amendment

to Chapter 6270 of the Forest Service Manual, which is the principal

source of internal agency procedure (36 CFR 200.4).

In addition, in order to insure uniformity in treatment by the

various program and staff offices handling appeals, the Forest Service

is formalizing current practice, in a revision of 36 CFR 200.8, by

requiring that all proposed responses to appeals be reviewed by the

Forest Service Freedom of Information Act/Privacy Act Officer before

signature by the Deputy Chiefs.

This final rule involves matters of internal agency procedure,

namely the assignment and allocation of work and the delegation of

authority by the Chief of the Forest Service. Therefore, pursuant to 5

U.S.C. 553(a)(3)(A), this final rule is exempt from the notice and

comment requirements of 5 U.S.C. 553(b). Accordingly, this rule is also

exempt from review under Executive Order 12866 on Regulatory Review,

the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and the

Congressional review requirements of the Small Business Regulatory

Enforcement Act of 1996 (Pub. L. No. 104-121, Title II, Subtitle E).

In accordance with Executive Order 12630, regarding Governmental

Action and Interference with Constitutionally Protected Property

Rights, the Forest Service finds that this final rule, involving

matters of internal agency procedure in connection with the processing

of FOIA requests and appeals, implicates no takings, in that it does

not propose or implement licensing, permitting, or other conditions,

requirements, or limitations on private use, nor does it require

dedications or exactions from owners of private property.

The Forest Service has reviewed this final rule in accordance with

Executive Order 12988, Civil Justice Reform, and has determined that

this rule will preempt all State and local laws and regulations that

are in conflict with this rule; (2) this rule will have no retroactive

effect; and (3) parties will not be required to participate in

administrative proceedings before filing suit in court challenging the

rule. The rule meets the applicable standards provided in section 3(b)

of the Executive Order.

Finally, this rule does not contain any recordkeeping or reporting

requirements or other information collection requirements as defined in

5 CFR part 1320 and, therefore, imposes no paperwork burden on the

public. Accordingly, the review provisions of the Paperwork Reduction

Act of 1995 (44 U.S.C. 3501 et seq.) and implementing regulations at 5

CFR part 1320 do not apply.

List of Subjects in 36 CFR Part 200

Administrative practice and procedure, Freedom of information, and

Organization and functions (Government agencies).

Therefore, for the reasons set forth in the preamble, Part 200 of

Title 36 of the Code of Federal regulations is amended as follows:

PART 200--ORGANIZATION, FUNCTIONS, AND PROCEDURES

1. The authority citation for Part 200 continues to read:

Authority: 5 U.S.C. 552; 7 U.S.C. 6706; 16 U.S.C. 472, 521,

1603, and 2101 et seq.

2. Section 200.7 is amended by revising paragraph (a) to read as

follows:

Sec. 200.7 Request for records.

* * * * *

(a) The Regional Forester, Regional Special Agent in charge,

Research Station Director, Area Director, and Institute Director at the

field locations and addresses listed in Sec. 200.2; the Director of Law

Enforcement and Investigations, other Staff Directors, or other

officials whom the Chief may authorize, located in the Washington

Office, are authorized to receive requests for such records, to make

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determinations regarding whether records exist, and to grant or deny

requests for records exempt form disclosure under the provisions of 5

U.S.C. 552(b).

* * * * *

3. Section 200.8 is revised to read as follows:

Sec. 200.8 Appeals.

(a) Appeals form denials of requests submitted under Sec. 200.7

shall be submitted in accordance with U.S. Department of Agriculture

rules at 7 CFR part 1, subpart A, and the appendix to subpart A to the

Chief, Forest Service, U.S. Department of Agriculture, Auditors

Building, 14th and Independence Avenue, S.W., P.O. Box 96090,

Washington, DC 20090-6090.

(b) The Chief, or other official to whom such authority is

delegated, shall determine whether to grant or deny the appeal and make

all necessary determinations relating to an extension of the 20-day

administrative deadline for reply, discretionary release of records

exempt from mandatory disclosure under 5 U.S.C. 552(b), and charging

the appropriate fees, pursuant to U.S. Department of Agriculture rules

at 7 CFR part 1, subpart A, and the appendix to subpart A.

(c) The Forest Service Freedom of Information Act/Privacy Act

Officer must review all proposed responses to appeals prior to

signature.

Dated: September 30, 1998.

Anne Kennedy,

Deputy Under Secretary, Natural Resources and Environment.

[FR Doc. 98-26813 Filed 10-6-98; 8:45 am]

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