81 FR 94230 - Availability of Information to the Public
DEPARTMENT OF AGRICULTURE
Office of Inspector General Federal Register Volume 81, Issue 247 (December 23, 2016)
Office of Inspector General
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94230-94231 | |
| FR Document | 2016-30803 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Rules and Regulations] [Pages 94230-94231] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30803] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Office of Inspector General 7 CFR Part 2620 Availability of Information to the Public AGENCY: Office of Inspector General, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Agriculture (USDA), Office of Inspector General (OIG) amends its regulation relating to the availability of its information to the public. The amendments are necessary to update its regulation in order to reflect reorganizations within OIG. DATES: Effective December 23, 2016. FOR FURTHER INFORMATION CONTACT: Christy Slamowitz, Counsel to the Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 441-E, Washington, DC 20250-2308, Telephone: (202) 720-9110. SUPPLEMENTARY INFORMATION: The regulations regarding USDA OIG's processing of requests for information under the Freedom of Information Act (FOIA), 5 U.S.C. 552, were last published in 1995 (60 FR 52842). Since that time, OIG has had several internal reorganizations. As part of those reorganizations, OIG's FOIA program was transferred from OIG's defunct Office of Policy Development and Resources Management to OIG's Office of Counsel. In order to provide the public with current information regarding which OIG office processes FOIA requests, OIG is amending these regulations, which supplement USDA's FOIA regulations at subpart A of part 1 of this title, including the appendix. Administrative Procedure Act This rule relates to agency organization and internal agency management. Pursuant to 5 U.S.C. 553(A), such rules are not subject to the requirement to provide public notice of proposed rulemaking and opportunity for public comment. Therefore, notice and comment before the effective date are being waived. Executive Orders 12866 and 13563 OIG has reviewed this rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Orders 12866 and 13563. OIG has determined that this rule is non-significant within the meaning of Executive Order 12866. Therefore, this rule is not required to be and has not been reviewed by the Office of Management and Budget (OMB). Regulatory Flexibility Act These regulations will not have a significant economic impact on a substantial number of small entities. Therefore, a regulatory flexibility analysis as provided by the Regulatory Flexibility Act, as amended, is not required. Executive Order 12291 This rule relates to internal agency organization and management. Therefore, it is exempt from the provisions of Executive Order 12291. Paperwork Reduction Act These proposed regulations impose no additional reporting and recordkeeping requirements. Therefore, clearance by OMB is not required. Federalism (Executive Order 13132) This rule does not have Federalism implications, as set forth in Executive Order 13132. It will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Congressional Review Act OIG has determined that this rule is not a major rule as defined by the Congressional Review Act, 5 U.S.C. 804. List of Subjects in 7 CFR Part 2620 Freedom of information. 0 For the reasons set forth in the preamble, OIG amends 7 CFR chapter XXVI by revising part 2620 to read as follows: PART 2620--AVAILABILITY OF INFORMATION TO THE PUBLIC Sec. 2620.1 General statement. 2620.2 Public inspection. 2620.3 Requests. 2620.4 Denials. 2620.5 Appeals. Authority: 5 U.S.C. 301, 552; Inspector General Act of 1978, as amended, 5 U.S.C. app. 3. Sec. 2620.1 General statement. This part supplements the regulations of the Secretary of Agriculture implementing the Freedom of Information Act, 5 U.S.C. 552 (FOIA) (subpart A of part 1 of this title, including the appendix), and governs the availability of records of the Office of Inspector General (OIG) to the public upon request. [[Page 94231]] Sec. 2620.2 Public inspection. The FOIA requires that certain materials be made available for public inspection in an electronic format. OIG records are available for public inspection on OIG's public Web site, https://www.usda.gov/oig/foia.htm. Sec. 2620.3 Requests. Requests for OIG records shall be submitted to OIG's Office of Counsel and will be processed in accordance with subpart A of part 1 of this title. Specific guidance on how to submit requests (including current contact methods) is available through OIG's Web site, https://www.usda.gov/oig/foiareq.htm, and USDA's public FOIA Web site. Sec. 2620.4 Denials. If it is determined that a requested record is exempt from mandatory disclosure and that discretionary release would be improper, the Counsel to the Inspector General or the Counsel's designee shall give written notice of denial in accordance with subpart A of part 1 of this title. Sec. 2620.5 Appeals. The denial of a requested record may be appealed in accordance with subpart A of part 1 of this title. Appeals shall be addressed to the Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Whitten Building, Suite 441-E, Washington, DC 20250-2308. The Inspector General will give notice of the determination concerning an appeal in accordance with subpart A of part 1 of this title. Dated: December 15, 2016. Phyllis K. Fong, Inspector General. [FR Doc. 2016-30803 Filed 12-22-16; 8:45 am] BILLING CODE 3410-23-P
![94230 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations
the lemons in this sample, and inspect DEPARTMENT OF AGRICULTURE been reviewed by the Office of
the filtrate for B. chilensis in accordance Management and Budget (OMB).
with the operational workplan. A Office of Inspector General
Regulatory Flexibility Act
portion of the lemons must then be cut
open and inspected for evidence of 7 CFR Part 2620 These regulations will not have a
quarantine pests. significant economic impact on a
Availability of Information to the Public substantial number of small entities.
(i) If a single C. gnidiella or G. Therefore, a regulatory flexibility
aurantianum in any stage of AGENCY: Office of Inspector General,
analysis as provided by the Regulatory
development is found on the lemons, USDA.
Flexibility Act, as amended, is not
the entire consignment is prohibited ACTION: Final rule. required.
from export to the United States, and
the registered place of production that SUMMARY: The U.S. Department of Executive Order 12291
produced the lemons is suspended from Agriculture (USDA), Office of Inspector This rule relates to internal agency
the export program until APHIS and the General (OIG) amends its regulation organization and management.
NPPO of Argentina jointly agree that the relating to the availability of its Therefore, it is exempt from the
place of production has taken information to the public. The provisions of Executive Order 12291.
appropriate remedial measures to amendments are necessary to update its
regulation in order to reflect Paperwork Reduction Act
address plant pest risk.
reorganizations within OIG. These proposed regulations impose
(ii) If a single B. chilensis or
DATES: Effective December 23, 2016. no additional reporting and
Brevipalpus spp. mite in any stage of
FOR FURTHER INFORMATION CONTACT: recordkeeping requirements. Therefore,
development is found on the lemons, clearance by OMB is not required.
the entire consignment is prohibited Christy Slamowitz, Counsel to the
from export, and the registered place of Inspector General, U.S. Department of Federalism (Executive Order 13132)
production that produced the lemons Agriculture, 1400 Independence Avenue
SW., Room 441–E, Washington, DC This rule does not have Federalism
may be suspended from the export implications, as set forth in Executive
program, pending an investigation. 20250–2308, Telephone: (202) 720–
9110. Order 13132. It will not have substantial
(iii) If a single immature Medfly is direct effects on the States, on the
found in or with the lemons, the lemons SUPPLEMENTARY INFORMATION: The relationship between the national
must be treated in accordance with part regulations regarding USDA OIG’s government and the States, or on the
305 of this chapter and the operational processing of requests for information distribution of power and
workplan. Additionally, the registered under the Freedom of Information Act responsibilities among the various
(FOIA), 5 U.S.C. 552, were last levels of government.
place of production that produced the
published in 1995 (60 FR 52842). Since
lemons in the consignment may be Congressional Review Act
that time, OIG has had several internal
suspended from the export program,
reorganizations. As part of those OIG has determined that this rule is
pending an investigation. reorganizations, OIG’s FOIA program not a major rule as defined by the
(5) If APHIS or the NPPO of Argentina was transferred from OIG’s defunct Congressional Review Act, 5 U.S.C. 804.
determines that a registered Office of Policy Development and
packinghouse has failed to follow the List of Subjects in 7 CFR Part 2620
Resources Management to OIG’s Office
requirements in this paragraph (c), the of Counsel. In order to provide the Freedom of information.
packinghouse will be excluded from the public with current information ■ For the reasons set forth in the
export program until APHIS and the regarding which OIG office processes preamble, OIG amends 7 CFR chapter
NPPO of Argentina jointly agree that the FOIA requests, OIG is amending these XXVI by revising part 2620 to read as
packinghouse has taken appropriate regulations, which supplement USDA’s follows:
remedial measures to address the plant FOIA regulations at subpart A of part 1
pest risk. of this title, including the appendix. PART 2620—AVAILABILITY OF
INFORMATION TO THE PUBLIC
(d) Port of entry requirements. Administrative Procedure Act
Consignments of lemons from Argentina Sec.
This rule relates to agency
will be inspected at the port of entry 2620.1 General statement.
organization and internal agency 2620.2 Public inspection.
into the United States. If any quarantine
management. Pursuant to 5 U.S.C. 2620.3 Requests.
pests are discovered on the lemons
553(A), such rules are not subject to the 2620.4 Denials.
during inspection, the entire lot in requirement to provide public notice of 2620.5 Appeals.
which the quarantine pest was proposed rulemaking and opportunity
discovered will be subject to Authority: 5 U.S.C. 301, 552; Inspector
for public comment. Therefore, notice General Act of 1978, as amended, 5 U.S.C.
appropriate remedial measures to and comment before the effective date app. 3.
address this risk. are being waived.
(Approved by the Office of Management and § 2620.1 General statement.
Executive Orders 12866 and 13563 This part supplements the regulations
Budget under control number 0579–0448)
OIG has reviewed this rule to ensure of the Secretary of Agriculture
Done in Washington, DC, this 20th day of
jstallworth on DSK7TPTVN1PROD with RULES
December 2016.
its consistency with the regulatory implementing the Freedom of
philosophy and principles set forth in Information Act, 5 U.S.C. 552 (FOIA)
Kevin Shea, Executive Orders 12866 and 13563. OIG (subpart A of part 1 of this title,
Administrator, Animal and Plant Health has determined that this rule is non- including the appendix), and governs
Inspection Service. significant within the meaning of the availability of records of the Office
[FR Doc. 2016–31013 Filed 12–22–16; 8:45 am] Executive Order 12866. Therefore, this of Inspector General (OIG) to the public
BILLING CODE 3410–34–P rule is not required to be and has not upon request.
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![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations 94231
§ 2620.2 Public inspection. in 2011 after finding that the program from the United States.4 The proposed
The FOIA requires that certain was redundant, captured data manually rule provided that the program would
materials be made available for public that was already captured through apply to nonimmigrants from countries
inspection in an electronic format. OIG automated systems, and no longer that INS would designate in Federal
records are available for public provided an increase in security in light Register notices and to individual
inspection on OIG’s public Web site, of DHS’s evolving assessment of the nonimmigrants designated by either a
https://www.usda.gov/oig/foia.htm. threat posed to the United States by U.S. consular officer or immigration
international terrorism. The regulatory officer at a U.S. port-of-entry as
§ 2620.3 Requests. structure pertaining to NSEERS no indicating a need for closer monitoring.
Requests for OIG records shall be longer provides a discernable public Under the proposed rule, designated
submitted to OIG’s Office of Counsel benefit as the program has been nonimmigrants would be required to be
and will be processed in accordance rendered obsolete. Accordingly, DHS is fingerprinted and photographed and to
with subpart A of part 1 of this title. removing the special registration provide additional biographical
Specific guidance on how to submit program regulations. information. The proposed rule also
requests (including current contact DATES: This rule is effective December authorized INS to designate certain
methods) is available through OIG’s 23, 2016. ports of departure for nonimmigrants
Web site, https://www.usda.gov/oig/ subject to the program. In addition, INS
FOR FURTHER INFORMATION CONTACT: Mr.
foiareq.htm, and USDA’s public FOIA proposed to amend 8 CFR 214.1 to
Kekoa Koehler, Office of Policy, U.S.
Web site. require nonimmigrants selected for
Department of Homeland Security.
special registration to comply with 8
§ 2620.4 Denials. Phone: 202–447–4125. Email:
CFR 264.1(f) as a condition of
If it is determined that a requested Russell.koehler@hq.dhs.gov.
maintaining nonimmigrant status.
record is exempt from mandatory SUPPLEMENTARY INFORMATION: The INS received 14 comments on the
disclosure and that discretionary release Background proposed rule, some in support of the
would be improper, the Counsel to the proposed program and others opposed
Inspector General or the Counsel’s History of the Special Registration to it. In August 2002, INS finalized the
designee shall give written notice of Program proposed program, which became
denial in accordance with subpart A of In 1991, the legacy Immigration and known as the National Security Entry-
part 1 of this title. Naturalization Service (INS), then part Exit Registration System (NSEERS),
of the Department of Justice (DOJ), without substantial change.5 In
§ 2620.5 Appeals.
published a final rule requiring the September 2002, INS announced by
The denial of a requested record may Federal Register notice that the new
registration and fingerprinting of certain
be appealed in accordance with subpart program would be applied to those who
nonimmigrants bearing Iraqi and
A of part 1 of this title. Appeals shall were subject to the earlier registration
Kuwaiti travel documents, due to
be addressed to the Inspector General, program—nonimmigrants from Iraq,
various factors, including concerns
U.S. Department of Agriculture, 1400 Iran, Libya, and Sudan—and added
about misuse of Kuwaiti passports.1 In
Independence Avenue SW., Whitten nonimmigrants from Syria.6 INS
1993, INS removed the regulations
Building, Suite 441–E, Washington, DC announced in November 2002 that only
specific to such nonimmigrants, but
20250–2308. The Inspector General will males 16 years of age and older from
added to the regulations at 8 CFR
give notice of the determination designated countries would be required
264.1(f) a provision that allowed the
concerning an appeal in accordance to register under the program.7 Between
Attorney General to require certain
with subpart A of part 1 of this title. November 2002 and January 2003, INS
nonimmigrants of specific countries to
Dated: December 15, 2016. be registered and fingerprinted upon added another 20 countries to the
Phyllis K. Fong, arrival to the United States, pursuant to compliance list, bringing the total to 25
Inspector General. section 263(a) of the Immigration and countries.8 The responsibility for
Nationality Act (INA), 8 U.S.C. 1303(a).2 administering NSEERS was transferred
[FR Doc. 2016–30803 Filed 12–22–16; 8:45 am]
Pursuant to the amendment, the to the Department of Homeland Security
BILLING CODE 3410–23–P
Attorney General could designate (DHS) in 2003 as part of the Homeland
countries by Federal Register notice.3 Security Act of 2002.9
In December 2003, DHS amended the
DEPARTMENT OF HOMELAND In June 2002, after the September 11,
NSEERS regulations by interim final
SECURITY 2001 terrorist attacks, INS proposed to
rule to suspend the 30-day post-arrival
expand the existing registration and
8 CFR Parts 214 and 264 fingerprinting program at 8 CFR 264.1(f) 4 67 FR 40581 (June 13, 2002).
to require certain nonimmigrants to 5 67 FR 52584 (Aug. 12, 2002).
Removal of Regulations Relating to report to INS upon arrival, 6 67 FR 57032 (Sept. 6, 2002).
Special Registration Process for approximately 30 days after arrival, 7 67 FR 67766 (Nov. 6, 2002).
Certain Nonimmigrants every 12 months after arrival, upon 8 See 67 FR 70526 (Nov. 22, 2002); 67 FR 77642
certain events such as a change of (Dec. 18, 2002); and 68 FR 2363 (Jan. 16, 2003). The
AGENCY: Department of Homeland 25 countries ultimately included in the compliance
address, and at the time of departure
Security. list were: Afghanistan, Algeria, Bahrain,
Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq,
ACTION: Final rule. 1 56 FR 1566 (Jan. 16, 1991). Those regulations
Jordan, Kuwait, Lebanon, Libya, Morocco, North
were at 8 CFR 264.3.
jstallworth on DSK7TPTVN1PROD with RULES
Korea, Oman, Pakistan, Qatar, Saudi Arabia,
SUMMARY: The Department of Homeland 2 58 FR 68024 (Dec. 23, 1993). Somalia, Sudan, Syria, Tunisia, United Arab
Security (DHS) is removing outdated 3 The Attorney General initially required Emirates, and Yemen.
regulations relating to an obsolete nonimmigrants from Iraq and Sudan to be registered 9 See Homeland Security Act of 2002, Public Law
special registration program for certain and fingerprinted under the new provision and later 107–296, secs. 402, 441, 442, 451, 1512(d), 1517,
added Iran and Libya. See 58 FR 68157 (Dec. 23, 116 Stat. 2135 (6 U.S.C. 202, 251, 252, 271, 552(d),
nonimmigrants. DHS ceased use of the 1993) (Iraq and Sudan) and 61 FR 46829 (Sept. 5, 557); Homeland Security Act of 2002 Amendments,
National Security Entry-Exit 1996) (Iran and Libya). The INS consolidated the Public Law 108–7, div. L, sec. 105 (2003); see also
Registration System (NSEERS) program two notices in 1998. 63 FR 39109 (July 21, 1998). 6 U.S.C. 542 note; 8 U.S.C. 1103(a), 1551 note.
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Document Created: 2016-12-23 12:29:52
Document Modified: 2016-12-23 12:29:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective December 23, 2016. | |
| Contact | Christy Slamowitz, Counsel to the Inspector General, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 441-E, Washington, DC 20250-2308, Telephone: (202) 720-9110. | |
| FR Citation | 81 FR 94230 |
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