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Sec.
1.10 Fee schedule.
1.11 Exemptions and discretionary release.
1.12 Annual report.
1.13 Compilation of new records.
1.14 Authentication.
1.15 Compulsory process.
1.16 Records in formal adjudication pro-

ceedings.
APPENDIX A-FEE SCHEDULE

Sec.
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. (Reserved)
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 Sec-
retary 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

individual records in a record system.
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.

Subpart |--Rules of Practice Governing Cease

and Desist Proceedings Under Section 2 of

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.
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.

Sec. 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.

thorized to withhold under 5 U.S.C. 552 whenever they determine that such disclosure is in the public interest.

Subpart J-Procedure Relating to Awards

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

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 Delegations of authority.

INFORMATION REQUIRED FROM APPLICANTS 1.188 Contents of application. 1.189 Net worth exhibit. 1.190 Documentation of fees and expenses. 1.191 Time for filing application. PROCEDURES FOR CONSIDERING APPLICATIONS 1.192 Filing and service of documents. 1.193 Answer to application. 1.194 Reply. 1.195 Comments by other parties. 1.196 Settlement. 1.197 Further proceedings. 1.198 Decision. 1.199 Department review. 1.200 Judicial review. 1.201 Payment of award.

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

8 1.2 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):

(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.

Subpart A-Official Records

AUTHORITY: 5 U.S.C. 301, 552, unless otherwise noted.

SOURCE: 40 FR 7341, Feb. 19, 1975, unless otherwise noted.

$ 1.1 Purpose and scope.

This subpart provides regulations of the Department of Agriculture implementing the Freedom of Information Act, 5 U.S.C. 552, pursuant to which official records may be obtained by any person. It also provides regulations pertaining to the disclosure of records pursuant to compulsory process. Unless prohibited by other laws, Executive Orders, or regulations, agencies of the Department may make available records which they are au

8 1.3 Requests for records.

(a) Any person who wishes to inspect, or obtain copies of any record of an agency of the Department shall submit a request in writing and addressed to the official designated in regulations promulgated by the agency. 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.

(b) A request must reasonably describe the records to enable agency personnel to locate them with reasonable effort. Where possible, specific information regarding dates, titles, etc. which may help identify the records should be supplied by the requester. 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 an opportunity to confer promptly with knowledgeable agency personnel to attempt to identify the records he is seeking.

(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 him to submit a written request in accordance with paragraph (a) of this section. The “date of receipt” of such a request for purposes of $ 1.5(a) of this subpart shall be the date of receipt of the written request.

(e) If a request for records made under this subpart is denied, the person making the request shall have the right to appeal the denial. This appeal 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.

cordance with the requirements of 5 U.S.C. 552(a)(2) and $ 1.2(b) of this subpart.

(c) The title(s) and mailing address(es) of the official(s) of the agency who are authorized to receive requests for records submitted in accordance with $ 1.3(a) of this subpart, and to make determinations regarding whether to grant or deny such requests. Authority to make such determinations includes authority to (1) extend the ten-day administrative deadline for reply pursuant to § 1.8 of this subpart, (2) make discretionary releases of records exempt from mandatory disclosure pursuant to $ 1.11(b) of this subpart, and (3) make determinations regarding the charging of fees pursuant to Appendix A of this subpart.

(d) The title and mailing address of the official of the agency who is authorized to receive appeals from denials of requests for records submitted in accordance with $ 1.3(e) of this subpart and to make determinations regarding whether to grant or deny such appeals. Authority to determine appeals includes authority to (1) extend the twenty-day administrative deadline for reply pursuant to § 1.8 of this subpart (to the extent the maximum extension authorized by $ 1.8(c) was not used with regard to the initial request), (2) make discretionary releases pursuant to $ 1.11(b) of this subpart, and (3) make determinations regarding the charging of fees pursuant to Appendix A of this subpart.

(e) Other information which would be of concern to a person wishing to request records from that agency in accordance with this subpart.

8 1.4 Agency implementing regulations.

Each agency of the Department shall promulgate regulations setting forth the following:

(a) The location and hours of operation of the agency office or offices where members of the public may gain access to those materials required by § 1.2 of this subpart to be made available for public inspection and copying.

(b) Information regarding the publication and distribution (by sale or otherwise) of indexes and supplements thereto which are maintained in ac

8 1.5 Agency response to requests for

records. (a) 5 U.S.C. 552(a)(6) provides that each agency of the Department to which a request for records is submitted in accordance with $ 1.3(a) of this subpart shall inform the requester of its determination concerning that request within ten days (excepting Saturdays, Sundays, and legal public holidays), plus any extension authorized under $ 1.8 of this subpart, of its date of receipt. If the agency determines to

grant the request, it shall inform the requester of any conditions (e.g., payment of fees) and the approximate date upon which compliance will be effected. If it grants only a portion of the request, it shall treat the portion not granted as a denial. If it determines to deny the request, it shall immediately inform the requester of that decision and of the following:

(1) The reasons for the denial;

(2) The requester's right to appeal such denial and the title and address of the official to whom such appeal is to be addressed;

(3) The requirement that such appeal be made within forty-five days of the date of the denial; and

(4) The name and title or position of each person responsible for denial of the request.

(b) If the agency official designated to receive and make determinations on appeals submitted in accordance with § 1.3(e) of this subpart is a person responsible for denying an initial request, the denial shall be deemed a final agency denial, and the requester shall be so notified and furnished the information required by paragraph (e) of this section. In these circumstances a denial shall be made in accordance with $ 1.7(b) of this subpart.

(c) If the reason for not fulfilling the request is that the records requested are the records of another agency or

Department, the agency shall inform the requester of this fact and shall forward the request to that agency or Department for processing in accordance with the latter's regulations. If the agency has no knowledge concerning the requested records it shall notify the requester of that fact.

(d) 5 U.S.C. 552(a)(6) provides that each agency in the Department to which an appeal from a denial of an initial request for records is submitted in accordance with $ 1.3(e) of this subpart shall inform the requester of its determination concerning that appeal within twenty days (excepting Saturdays, Sundays, and legal public holidays), plus any extension authorized by $ 1.8 of this subpart, of its date of receipt. If the agency determines to grant the appeal it shall inform the requester of any conditions (e.g., payment of fees) and the approximate

date upon which compliance will be effected. If it grants only a portion of the appeal, it shall treat the portion not granted as a denial. If it determines to deny the appeal, it shall inform the requester of that decision and of the following:

(1) The reasons for the denial;

(2) The right to judicial review of the denial in accordance with 5 U.S.C. 552(a)(4); and

(3) The name and title or position of each person responsible for denial of the appeal.

(e) If a charge is to be made for compliance with the request in accordance with Appendix A of this subpart, the agency's response shall inform the requester of the amount and basis for the charge. It may, in accordance with Appendix A of this subpart, require payment of the entire fee, or a portion thereof, before it provides the requested records.

(f) In the event compliance with the request involves inspection of records by the requester rather than the forwarding of copies, the agency response shall include the name, mailing address and telephone number of the person to be contacted to arrange a mutually convenient time for such inspection.

(g) In the event the records requested contain some portions which are exempt from mandatory disclosure and others which are not, the official responding to the request shall insure that all nonexempt portions are disclosed, and that all exempt portions are identified according to the nature of information contained and the specific exemption or exemptions which are applicable.

§ 1.6 Date of receipt of requests or ap

peals. (a) The date of receipt of a request or appeal which contains the phrase FOIA REQUEST or FOIA APPEAL and is addressed in accordance with applicable agency regulations, shall be the date it is received in the mailroom serving the addressee.

(b) The date of receipt of a request or appeal which is hand-delivered to the address specified in agency regula

tions shall be the date of such hand delivery.

(c) The date of receipt of a request or appeal which does not comply with paragraph (a) or (b) of this section shall be the date it is received by the official designated in agency regulations to make the applicable determination.

8 1.7 Appeals.

(a) Each agency shall provide for review of appeals by an official different than the official or officials designated to make initial denials.

(b) Each agency, upon a determination that it wishes to deny an appeal, shall send a copy of the records requested (when practicable) and of all correspondence relating to the request to the General Counsel: Attention, Research and Operations Division. When the volume of records is so large as to make sending a copy impracticable, the agency shall enclose an informative summary of those records. The agency shall not deny an appeal until it receives a response from the Office of the General Counsel regarding the legal issues involved in the appeal.

(c) The Office of the General Counsel shall promptly review the matter (including necessary consultation with the Department of Justice and coordination with the Office of Communication) and render all necessary assistance to enable the agency to respond to the appeal within the administrative deadline or any extension thereof.

(1) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;

(2) The need to search for, collect, and appropriately examine volumi. nous amount of separate and distinct records which are demanded in a single request; and

(3) The need for consultation, which shall be conducted with all practicable speed, with another Department or agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subjectmatter interest therein. (Note: consultation between an agency and the Office of the General Counsel, Office of Communication, or the Department of Justice, is not a basis for extension under this section.)

(c) The ten-day extension authorized by this section may be divided between the initial and appellate reviews, but in no event shall the total extension exceed ten working days.

8 1.9 Failure to meet administrative dead.

lines. In the event an agency fails to meet either of the administrative deadlines set forth in § 1.5 of this subpart, plus any extension authorized by $ 1.8 of this subpart, it shall notify the requester, state the reasons for the delay, and the date by which it expects to dispatch determination. Although the requester may be deemed to have exhausted his administrative remedies under 5 U.S.C. 552(a)(6)(C) the agency shall continue processing the request as expeditiously as possible and dispatch the determination when it is reached in the same manner and form as if it had been reached within the applicable deadline.

$ 1.8 Extension of administrative dead.

lines. (a) In unusual circumstances as specified in this section either of the administrative deadlines prescribed in § 1.5 of this subpart may be extended by an authorized agency official. Written notice of the extension shall be sent to the requester within the applicable deadline, setting forth the reasons for such extension and the date a determination is expected to be dispatched. In no event shall the extension exceed a total of ten working days.

(b) As used in this section, "unusual circumstances” shall be limited to the following:

$ 1.10 Fee schedule.

Pursuant to authority delegated in § 2.79 of this chapter, the Director, Office of Operations, has issued regulations, following notice and public comment, setting forth a uniform schedule of fees applicable to all agencies of the Department regarding requests for records under this subpart.

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