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)

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.

[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]


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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.

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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]
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