[Code of Federal Regulations]
[Title 7, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1.4]

[Page 8-9]
 
                          TITLE 7--AGRICULTURE
 
PART 1_ADMINISTRATIVE REGULATIONS--Table of Contents
 
                       Subpart A_Official Records
 
Sec. 1.4  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;
    (3) Administrative staff manuals and instructions to staff that 
affect a member of the public;
    (4) Copies of all records, regardless of form or format, which have 
been released pursuant to a FOIA request under 5 U.S.C. 552(a)(3), and 
which because of the nature of their subject matter, have become or are 
likely to become the subject of subsequent requests for substantially 
the same records. Agencies shall decide on a case by case basis whether 
records fall into this category, based on the following factors:
    (i) Previous experience with similar records;
    (ii) The particular characteristics of the records involved, 
including their nature and the type of information contained in them; 
and
    (iii) The identity and number of requesters and whether there is 
widespread media, historical, academic, or commercial interest in the 
records.
    (5) A general index of the records referred to in paragraph (a)(4) 
of this section.
    (b) Records encompassed within paragraphs (a)(1) through (a)(5) of 
this section created on or after November 1, 1996, shall be made 
available to the public by computer telecommunications or, if computer 
telecommunications means have not been established by the agency, by 
other electronic means.
    (c) Each agency of the Department shall maintain and make available 
for public inspection and copying 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 make 
available or published. Each agency shall publish and make available for 
distribution copies of such indexes and supplements to such indexes 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,

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each agency shall provide copies of any index upon request at a cost not 
to exceed the direct cost of duplication.
    (d) Each agency is responsible for preparing reference material or a 
guide for requesting records or information from that agency. This guide 
shall also include an index of all major information systems, and a 
description of major information and record locator systems.
    (e) Each agency shall also prepare a handbook for obtaining 
information from that agency. The handbook should be a short, simple 
explanation to the public of what the FOIA is designed to do, and how a 
member of the public can use it to access government records. The 
handbook should be available on paper and through electronic means, and 
it should identify how a requester can access agency Freedom of 
Information Act annual reports. Similarly, the annual reports should 
refer to the handbook and how to obtain it.
    (f) It is appropriate to make frequently requested records available 
in accordance with paragraph (a)(4) of this section in situations where 
public access in a timely manner is important, and it is not intended to 
apply where there may be a limited number of requests over a short 
period of time from a few requesters. Agencies may remove a record from 
this access medium when the appropriate official determines that it is 
unlikely there will be substantial further requests for that document.

[65 FR 46337, July 28, 2000]