';


Title 7 Part 3404

Title 7 → Subtitle B → Chapter XXXIV → Part 3404

Electronic Code of Federal Regulations e-CFR

Title 7 Part 3404

e-CFR data is current as of August 16, 2018

Title 7Subtitle BChapter XXXIV → Part 3404


Title 7: Agriculture


PART 3404—PUBLIC INFORMATION


Contents
§3404.1   General statement.
§3404.2   Public inspection, copying, and indexing.
§3404.3   Requests for records.
§3404.4   Multitrack processing.
§3404.5   Denials.
§3404.6   Appeals.

Authority: 5 U.S.C. 301, 552; 7 CFR part 1, subpart A and appendix A thereto.

Source: 66 FR 57842, Nov. 19, 2001, unless otherwise noted.

Editorial Note: Nomenclature changes to part 3404 appear at 76 FR 4808, Jan. 27, 2011.

return arrow Back to Top

§3404.1   General statement.

This part is issued in accordance with the regulations of the Secretary of Agriculture in part 1, subpart A of this title and appendix A thereto, implementing the Freedom of Information Act (FOIA) (5 U.S.C. 552). The Secretary's regulations, as implemented by the regulations in this part, govern the availability of records of the National Institute of Food and Agriculture (NIFA) to the public.

return arrow Back to Top

§3404.2   Public inspection, copying, and indexing.

5 U.S.C. 552(a)(2) requires that certain materials be made available for public inspection and copying and that a current index of these materials be published quarterly or otherwise be made available. Members of the public may request access to such materials maintained by NIFA at the following office: Information Staff, ARS, REE, USDA, Room 1-2248, Mail Stop 5128, 5601 Sunnyside Avenue, Beltsville, MD 20705-5128; Telephone (301) 504-1640 or (301) 504-1655; TTY-VOICE (301) 504-1743. Office hours are 8 a.m. to 4:30 p.m. Information maintained in our electronic reading room can be accessed at http://www.ars.usda.gov/is/foia/#Electronic.

return arrow Back to Top

§3404.3   Requests for records.

Requests for records of NIFA under 5 U.S.C. 552(a)(3) shall be made in accordance with §1.5 of this title and submitted to the FOIA Coordinator, Information Staff, ARS, REE, USDA, Room 1-2248, Mail Stop 5128, 5601 Sunnyside Avenue, Beltsville, MD 20705-5128; Telephone (301) 504-1640 or (301) 504-1655; TTY-VOICE (301) 504-1743; Facsimile (301) 504-1648; or E-mail [email protected] The FOIA Coordinator is delegated authority to make determinations regarding such requests in accordance with §1.3(c) of this title.

[66 FR 57842, Nov. 19, 2001, as amended at 76 FR 4808, Jan. 27, 2011]

return arrow Back to Top

§3404.4   Multitrack processing.

(a) When NIFA has a significant number of requests, the nature of which precludes a determination within 20 working days, the requests may be processed in a multitrack processing system, based on the date of receipt, the amount of work and time involved in processing the request, and whether the request qualifies for expedited processing.

(b) NIFA may establish as many processing tracks as appropriate; processing within each track shall be based on a first-in, first-out concept, and rank-ordered by the date of receipt of the request.

(c) A requester whose request does not qualify for the fastest track may be given an opportunity to limit the scope of the request in order to qualify for the fastest track. This multitrack processing system does not lessen agency responsibility to exercise due diligence in processing requests in the most expeditious manner possible.

(d) NIFA shall process requests in each track on a “first-in, first-out” basis, unless there are unusual circumstances as set forth in §1.16 of this title, or the requester is entitled to expedited processing as set forth in §1.9 of this title.

return arrow Back to Top

§3404.5   Denials.

If the FOIA Coordinator determines that a requested record is exempt from mandatory disclosure and that discretionary release would be improper, the FOIA Coordinator shall give written notice of denial in accordance with §1.7(a) of this title.

return arrow Back to Top

§3404.6   Appeals.

Any person whose request is denied shall have the right to appeal such denial. Appeals shall be made in accordance with §1.14 of this title and should be addressed as follows: Director, NIFA, U.S. Department of Agriculture, Washington, DC 20250.

return arrow Back to Top