Imágenes de páginas

Sec. 1.10 Review services. 1.11 Handling information from a private

business. 1.12 Date of receipt of requests or appeals. 1.13 Appeals. 1.14 Extension of administrative deadlines. 1.15 Failure to meet administrative dead

lines. 1.16 Fee schedule. 1.17 Exemptions and discretionary release. 1.18 Annual report. 1.19 Compilation of new records. 1.20 Authentication. 1.22 Records in formal adjudication pro

ceedings. 1.23 Preservation of records. APPENDIX A-FEE SCHEDULE

Sec. 1.113 Times, places, and requirements for

identification of individuals making re

quests. 1.114 Disclosure of requested information

to individuals. 1.115 Special procedures: medical records. 1.116 Request for correction or amend

ment to record. 1.117 Agency review of request for correc

tion or amendment of record. 1.118 Appeal of initial adverse agency de

termination on correction or amend

ment. 1.119 Disclosure of record to person other

than the individual to whom it pertains. 1.120 Fees. 1.121 Penalties. 1.122 General exemptions. 1.123 Specific exemptions. APPENDIX A-INTERNAL DIRECTIVES

Subpart B-Departmental Proceedings 1.26 Representation before the Depart

ment of Agriculture. 1.27 Rulemaking procedures. 1.28 Petitions. 1.29 Subpoenas relating to investigations

under statutes administered by the Secretary of Agriculture.

Subpart H-Rules of Practice Governing Formal

Adjudicatory Proceedings Instituted by the
Secretary Under Various Statutes

Subpart C-Judicial Proceedings

1.41 Service of process.

Subpart D-Claims 1.51 Claims based on negligence, wrongful

act, or omission.

Subpart E-Cooperative Production of

Television Films

1.71 Purpose. 1.72 Policy. 1.73 Responsibility. 1.74 Basis for special working relation

ships. 1.75 General stipulations. 1.76 Department cooperation. 1.77 Assignment of priorities. 1.78 Development of special working rela

tionships. 1.79 Credits.

1.130 Meaning of words. 1.131 Scope and applicability of this sub

part. 1.132 Definitions. 1.133 Institution of proceedings. 1.134 Docket number. 1.135 Contents of complaint. 1.136 Answer. 1.137 Amendment of complaint or answer. 1.138 Consent decision. 1.139 Procedure upon failure to file an

answer or admission of facts. 1.140 Prehearing conferences and proce

dure. 1.141 Procedure for Hearing. 1.142 Post-hearing procedure. 1.143 Motions and requests. 1.144 Judges. 1.145 Appeal to Judicial Officer. 1.146 Petitions for reopening hearing; for

rehearing or reargument of proceeding; or for reconsideration of decision of the

Judicial Officer. 1.147 Filing; service; extensions of time;

and computation of time. 1.148 Depositions. 1.149 Subpoenas. 1.150 Fees of witnesses. 1.151 Ex parte communications.

Subpart F—Vending Stands To Be Operated by

Licensed Blind Persons

1.91 Purpose. 1.92 Department policy. 1.93 Procedure. 1.94 Special provisions.

Subpart G-Privacy Act Regulations 1.110 Purpose and scope. 1.111 Definitions. 1.112 Procedures for requests pertaining to

Subpart K-Rules of Practice Governing Cease

and Desist Proceedings Under Section 2 of

individual records in a record system.

the Capper-Volstead Act
1.160 Scope and applicability of rules in

this part.
1.161 Definitions.
1.162 Institution of proceedings.
1.163 The complaint.
1.164 Answer.

Sec. 1.165 Amendments. 1.166 Consent order. 1.167 Prehearing conference. 1.168 Procedure for hearing. 1.169 Post-hearing procedure and decision. 1.170 Appeal to the Judicial Officer. 1.171 Intervention. 1.172 Motions and requests. 1.173 Judges. 1.174 Filing; service; extensions of time;

and computation of time. 1.175 Procedure following entry of cease

and desist order.

Sec. 1.215 Subpoenas duces tecum for USDA

records in judicial or administrative proceedings in which the United States is

not a party. 1.216 Appearance as a witness or produc

tion of documents on behalf of a party other than the United States where the

United States is a party. 1.217 Witness fees and travel expenses. 1.218 Penalty.

AUTHORITY: 5 U.S.C. 301, unless otherwise noted.

Subpart A-Official Records

Subpart 1-Procedures Relating to Awards

Under the Equal Access to Justice Act in
Proceedings Before the Department

AUTHORITY: 5 U.S.C. 301 and 552. Appendix A also issued under 7 U.S.C. 2244; 31 U.S.C. 9701, and 7 CFR 2.75(a)(6)(xiii).

SOURCE: 52 FR 49386, Dec. 31, 1987, unless otherwise noted.

GENERAL PROVISIONS 1.180 Definitions. 1.181 Purpose of these rules. 1.182 When the Act applies. 1.183 Proceedings covered. 1.184 Eligibility of applicants. 1.185 Standards for awards. 1.186 Allowable fees and expenses. 1.187 Rulemaking on maximum rates for

attorney fees. 1.188 Awards against other agencies. 1.189 Delegations of authority.

INFORMATION REQUIRED FROM APPLICANTS 1.190 Contents of application. 1.191 Net worth exhibit. 1.192 Documentation of fees and expenses. 1.193 Time for filing application.

81.1 Purpose and scope.

This subpart establishes policy, procedures, requirements, and responsibilities for administration and coordination of the Freedom of Information Act (FOIA), 5 U.S.C. 552, pursuant to which official records may be obtained by any person. It also provides rules pertaining to the disclosure of records pursuant to compulsory process. This subpart also serves as the implementing regulations (referred to in $ 1.3, “Agency implementing regulations”) for the Office of the Secretary (the immediate offices of the Secretary, Deputy Secretary, Under Secretaries and Assistant Secretaries) and for the Office of Governmental and Public Affairs. The Office of Governmental and Public Affairs has the primary administrative responsibility for the FOIA in the Department of Agriculture (USDA). The term "agency” or “agencies" is used throughout this subpart to include both USDA program agencies and staff offices.

PROCEDURES FOR CONSIDERING APPLICATIONS 1.194 Filing and service of documents. 1.195 Answer to application. 1.196 Reply. 1.197 Comments by other parties. 1.198 Settlement. 1.199 Further proceedings. 1.200 Decision. 1.201 Department review. 1.202 Judicial review. 1.203 Payment of award.

Subpart K-Appearance of USDA Employees

as Witnesses in Judicial or Administrative

Proceedings 1.210 Purpose. 1.211 Definitions. 1.212 General. 1.213 Appearance as a witness on behalf of

the United States. 1.214 Appearance as a witness on behalf of

a party other than the United States where the United States is not a party.

§ 1.2 Policy.

(a) Agencies of USDA shall comply with the time limits set forth in the FOIA for responding to and processing requests and appeals for agency documents, unless there are exceptional circumstances within the meaning of 5 U.S.C. 552(a)(6)(B). An agency shall notify a requester in writing whenever it is unable to respond to or process a

request or appeal within the time (5) Other information which would limits established by the FOIA.

be of concern to a person wishing to (b) All agencies of the Department request records from that agency in shall comply with the fee schedule accordance with this subpart. provided as Appendix A of this subpart, with regard to the charging of 8 1.4 Implementing regulations for the fees for providing copies of documents Office of the Secretary. and related services to requesters.

(a) For the Office of the Secretary

and for the Office of Governmental 8 1.3 Agency implementing regulations.

and Public Affairs, the information re(a) Each agency of the Department quired by $ 1.3 is as follows: shall promulgate regulations setting

(1) Records available for public inforth the following:

spection and copying may be obtained (1) The location and hours of oper

in Room 536-A, Administration Buildation of the agency office or offices

ing, USDA, Washington, DC 20250 where members of the public may gain

during the hours of 9:00 a.m. to 5:00 access to those materials required by

p.m.; $ 1.5 to be made available for public in

(2) Any indexes and supplements spection and copying;

which are maintained in accordance (2) Information regarding the publi

with the requirements of 5 U.S.C. cation and distribution (by sale or oth

552(a)(2) and $ 1.5(b) will also be avail. erwise) of indexes and supplements

able in Room 536-A, Administration thereto which are maintained in ac

DC cordance with the requirements of 5

Building, USDA, Washington,

20250 during the hours of 9:00 a.m. to U.S.C. 552(a)(2) and $ 1.5(b);

5:00 p.m.; (3) The title(s) and mailing address(es) of the official(s) of the

(3) The person authorized to receive

FOIA requests and to determine agency who is/are authorized to re

whether to grant or deny such receive requests for records submitted in accordance with $ 1.6(a), and to make

quests is the Director of Information, determinations regarding whether to

Office of Governmental and Public Af.

fairs, USDA, Washington, DC 20250; grant or deny such requests. Authority to make such determinations includes

(4) The official authorized to receive authority to:

appeals from denials of FOIA requests (i) Extend the 10-day administrative

and to detemine whether to grant or deadline for reply pursuant to § 1.14;

deny such appeals is the Assistant Sec(ii) Make discretionary releases pur

retary for Governmental and Public suant to $ 1.17(b); and

Affairs, USDA, Washington, DC 20250. (iii) Make determinations regarding

(b) The organization and functions the charging of fees pursuant to Ap

of the Office of the Secretary and the pendix A of this subpart;

Office of Governmental and Public Af. (4) The title and mailing address of

fairs (OGPA) is as follows: the official of the agency who is au

(1) The Office of the Secretary prothorized to receive appeals submitted

vides the overall policy guidance and in accordance with $ 1.6(e) and to

direction of the activities of the Demake determinations regarding wheth- partment of Agriculture. Overall er to grant or deny such appeals. Au

policy statements and announcements thority to determine appeals includes

are made from this office. authority to:

(2) The Office of the Secretary con. (i) Extend the 20-day administrative sists of the Secretary, Deputy Secredeadline for reply pursuant to § 1.14 tary, Under Secretaries, Assistant Sec(to the extent the maximum extension retaries, and other staff members. authorized by $ 1.14(c) was not used (3) In the absence of the Secretary with regard to the initial request); and the Deputy Secretary, responsibil.

(ii) Make discretionary releases pur- ity for the operation of the Departsuant to $ 1.17(b); and

ment of Agriculture is as delegated at (iii) Make determinations regarding 7 CFR Part 2, Subpart A. the charging of fees pursuant to Ap- (4) The Office of Governmental and pendix A of this subpart; and

Public Affairs provides policy direc

tion, review, and coordination of all information programs of the Department of Agriculture. The Office is assigned responsibility for maintaining the flow of information and providing liaison between the Department of Agriculture and the Congress, the mass communication media, State and local governments, and the public.

(5) OGPA is headed by the Assistant Secretary for Governmental and Public Affairs. In the Assistant Secretary's absence, the agency is headed by the Assistant Secretary's designee.

(6) OGPA consists of three offices: The Office of Information, Office of Congressional Relations, and

the Office of Intergovernmental Affairs. Each of the offices is headed by a director.

(i) The Office of Information is responsible for maintaining the flow of information and providing the liaison between USDA and the mass communication media and the public at large. The office directs and coordinates public affairs work with the various USDA agencies and has final review of all national news releases, broadcast materials, publications, visuals, and other information materials involving Departmental policy. The office provides leadership and facilities in the production of radio and video tapes, film, still photography, exhibits, and other design materials. The office provides Departmental coordination of responses under the Freedom of Information Act and the Privacy Act.

(ii) The Office of Congressional Relations is responsible for liaison with the Congress and the White House on legislative matters of concerns to USDA and the public.

(iii) The Office of Intergovernmental Affairs is responsible for liaison with State Departments of Agriculture and other State and local government agencies interested in agricultural programs and policies.

(1) Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(2) Those statements of policy and interpretation which have been adopted by the agency and are not published in the FEDERAL REGISTER; and

(3) Administrative staff manuals and instructions to staff that affect a member of the public.

(b) Each agency of the Department shall also maintain and make available current indexes providing identifying information regarding any matter issued, adopted, or promulgated after July 4, 1967, and required by paragraph (a) of this section to be made available or published. Each agency shall publish and make available for distribution copies of such indexes and supplements thereto at least quarterly, unless it determines by notice published in the FEDERAL REGISTER that publication would be unnecessary and impracticable. After issuance of such Notice, the agency shall provide copies of any index upon request at a cost not to exceed the direct cost of duplication.

8 1.6 Requests for records.

(a) Any person who wishes to inspect or obtain copies of any record of any agency

of the Department shall submit a request in writing and address the request to the official designated in regulations promulgated by the agency. The requester may in his or her petition ask for a fee waiver if there is likely to be a charge for the requested information. To inspector obtain copies of records of the Office of the Secretary or the Office of Governmental and Public Affairs, requesters should submit their requests to the Director of Information, Office of Governmental and Public Affairs, U.S. Department of Agriculture, Washington, DC 20250. All such requests for records shall be deemed to have been made pursuant to the Freedom of Information Act, regardless of whether that Act is specifically mentioned. To facilitate processing of a request, the phrase "FOIA REQUEST” should be placed in capital letters on the front of the envelope.

8 1.5 Public access to certain materials.

(a) In accordance with 5 U.S.C. 552(a)(2), each agency within the Department shall make the following materials available for public inspection and copying (unless they are promptly published and copies offered for sale);

partment's central processing unit for FOIA in the Office of Governmental and Public Affairs, Office of Information, Special Programs Division, U.S. Department of Agriculture, Washington, DC 20250.

(g) The central processing unit will determine which agency or agencies should process the request, and, where necessary, refer the request to the appropriate agency (agencies). The unit will also, where necessary, notify the requester of the referral and of the name of each agency to which the request has been referred.

(h) Each agency shall develop and maintain a record of all written and oral requests and appeals received in that agency, which shall include, in addition to any other information, the name of the requester, brief summary of the information requested, an indication of whether the request appeal was denied or partially denied, the exemption(s) for making any denials, and the amount of fees associated with the request or appeal.


(b) A request must reasonably describe the records to enable agency personnel to locate them with reasonable effort. Where possible, a requester should supply specific information regarding dates, titles, etc., which may help identify the records. If the request relates to a matter in pending litigation, the court and its location should be identified.

(c) If an agency determines that a request does not reasonably describe the records, it shall inform the requester of this fact and extend the requester an opportunity to clarify the request or to confer promptly with knowledgeable agency personnel to attempt to identify the records he or she is seeking. The “date or receipt" in such instances, for


of $ 1.12(a), shall be the date of receipt of the amended or clarified request.

(d) Nothing in this subpart shall be interpreted to preclude an agency from honoring an oral request for information, but, if the requester is dissatisfied with the response, the agency official involved shall advise the requester to submit a written request in accordance with paragraph (a) of this section. The “date of receipt” of such a request for purposes of $ 1.12(a) shall be the date of receipt of the written request. For recordkeeping purposes, an agency responding to an oral request for information may ask the requester to also submit his or her request in writing.

(e) If a request for records or a fee waiver, made under this subpart, is denied, the person making the request shall have the right to appeal the denial. Requesters also may appeal agency determinations of a requester's status for purposes of fee levels under section 5 of Appendix A. All appeals must be in writing and addressed to the official designated in regulations promulgated by the agency which denied the request. To facilitate processing of an appeal, the phrase “FOIA APPEAL” should be placed in capital letters on the front of the envelope.

(f) Requests that are nonagency-specific, i.e., are not addressed to a specif. ic agency in USDA, or which pertain to more than one USDA agency, or which are sent to the wrong agency of USDA, should be forwarded to the De

8 1.7 Aggregating requests.

When an agency reasonably believes that a requester, or a group of requesters acting in concert, is attempting to break a request down into a series of requests for the purpose of evading the assessment of fees, the agency may aggregate any such requests and charge accordingly. One element which may be considered in determin. ing whether such a belief would be reasonable is the time period in which the requests have occurred.

8 1.8 Agency response to requests for

records. (a) 5 U.S.C. 552(a)(6)(A)(i) provides that each agency of the Department to which a request for records or a fee waiver is submitted in accordance with § 1.6(a) shall inform the requester of its determination concerning that request within 10 days of its date of receipt (excepting Saturdays, Sundays, and legal public holidays), plus any extension authorized under $ 1.14. If the agency determines to grant the request, it shall inform the requester of any conditions surrounding the granting of the request (e.g., payment of

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