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$370.1 Scope and purpose.

These regulations are issued pursuant to the Freedom of Information Act, as amended (5 U.S.C. 552), and in accordance with the requirements of the Department of Agriculture regulations in part 1, subpart A of this title. The availability of records of the Animal and Plant Health Inspection Service (APHIS), and the procedures by which the public may obtain such information, shall be governed by the Department regulations as implemented by the regulations in this part. It is the policy of APHIS to be an open agency and to promptly make available for public inspection any records or information which are required to be released under the Act. Material which is exempt from disclosure will also be promptly made available when the Agency in its discretion determines that release of such material is in the public interest.

§370.2 Published materials.

Rules and regulations of APHIS relating to its regulatory responsibilities are continuously published in the FEDERAL REGISTER, and codified in this chapter III, title 7, and in 9 CFR chapter I. APHIS issues publications explaining animal and plant health programs and the laws and regulations, including quarantines, under which the programs are conducted. These publications are, for the most part available free from the Office of Governmental and Public Affairs, USDA, Washington, DC 20250; or, in some cases from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, at established rates. [44 FR 53490, Sept. 14, 1979]

$370.3 Index.

Pursuant to the regulations in §1.4(b) of this title, APHIS will maintain and make available for public inspection and copying a current index providing identifying information regarding the materials required to be published or made available under the Freedom of Information Act (5 U.S.C. 552(a)(2)). Notice is hereby given that publication of this index is unnecessary and impracticable, since the material is voluminous and does not change often enough to justify the expense of publication.

§370.4 Facilities for inspection and copying.

Facilities for public inspection and copying of the index and materials required to be made available under 5 U.S.C. 552(c)(2) will be provided by APHIS, on business days between 8 a.m. and 4:30 p.m. Requests for this information should be made to the FOIA Coordinator at the following address: Freedom of Information Act Coordinator, Animal and Plant Health Inspection Service, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 20737-1231.

Copies of such material may be obtained in person or by mail. Applicable fees for copies will be charged in accordance with the regulations prescribed by the Office of Operations and Finance, USDA, pursuant to §2.75 of this title. See §1.10 and appendix AFee Schedule in part 1, subtitle A of this title.

[44 FR 53490, Sept. 14, 1979, as amended at 51 FR 30836, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994]

§370.5 Requests for records.

(a) Requests for APHIS records or information other than material published or made available under the preceding sections, shall be made in writing in accordance with 7 CFR 1.3(a) and submitted to the APHIS Freedom of Information Act Coordinator at the following address:

Freedom of Information Act Coordinator, (FOIA Request), Animal and Plant Health Inspection Service, Legislative and Public Affairs, Freedom of Information, 4700 River Road, Unit 50, Riverdale, Maryland 207371231.

The request shall identify each record with reasonable specificity as prescribed in §1.3(b) of this title. The APHIS FOIA Coordinator is hereby delegated authority to make determinations with respect to such requests in accordance with 7 CFR.

(b) The FOIA Coordinator or his designee is authorized to receive requests and to exercise the authority under §1.4(c) of this title to:

(1) Make determinations to grant or deny requests,

(2) Extend the administrative deadline,

(3) Make discretionary releases of exempt records, and

(4) Make determinations regarding charges pursuant to the fee schedule.

(c) In exercising his authority under §1.4(c) of this title to grant and deny requests, the Coordinator will comply with subsection (b) of the Freedom of Information Act, as amended (5 U.S.C. 552(b)), which requires that any reasonably segregable portion of a document shall be provided to a person requesting such document after deletion of any portions which are exempt under the Act. Therefore, unless the disclosable and non-disclosable portions are so inextricably linked that it is not reasonably possible to separate them, the document will be released with the non-disclosable portions deleted, except that the Coordinator may exercise discretion as limited by §1.11 of this title, to release the entire document, or to make only a minimum number of deletions, e.g., the names of individuals.

[40 FR 43223, Sept. 19, 1975, as amended at 44 FR 53490, Sept. 14, 1979; 51 FR 30837, Aug. 29, 1986; 59 FR 67611, Dec. 30, 1994]

$370.6 Appeals.

If the request for information made under $370.5 is denied in whole or in part, the requester may file an appeal pursuant to §1.3(e) of this title. The appeal should be in writing and should be addressed as follows:

Administrator, Animal and Plant Health Inspection Service (FOIA Appeal), Room 313E, U.S. Department of Agriculture, Washington, DC 20250.

[44 FR 53490, Sept. 14, 1979]

§370.7 Agency response to requests.

(a) The response to requests for information and to appeals shall be made in accordance with the Department regulations in §1.5 of this title and the regulations in this part.

(b) Requests for records and information which have customarily been directed to field stations and agency headquarters may continue to be directed to those locations, notwithstanding the provisions of these regulations. If the information is not available at the location at which the request is made, or the official receiving the request is in doubt as to whether the information should be released, the official shall (1) promptly forward the request to the FOIA Coordinator, or (2) inform the requester of the procedures established in these regulations by which the request may be sent directly to the FOIA Coordinator. The date of receipt of the request by the Coordinator shall be the determining date for purposes of the time limitations under the Freedom of Information Act and the regulations.

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§371.1 General statement.

(a) The Animal and Plant Health Inspection Service (APHIS) was created by the Secretary of Agriculture on April 2, 1972 (37 FR 6327, March 28, 1972). (b) Central Office. The central offices of APHIS are located at Washington, DC, and Riverdale, Maryland, and consist of the offices of the Administrator, the Associate Administrator, six Deputy Administrators, and five Directors, as follows:

Administrator

Associate Administrator

Deputy Administrator, Plant Protection and Quarantine (PPQ)

Deputy Administrator, Veterinary Services (VS)

Deputy Administrator, Management and Budget (M&B)

Deputy Administrator, Animal Damage Control (ADC)

Deputy Administrator, Regulatory Enforcement and Animal Care (REAC)

Deputy Administrator, International Services (IS)

Director, Policy and Program Development (PPD)

Director, Recruitment and Development (R&D)

Director, Legislative and Public Affairs (LPA)

Director, Science and Technology (S&T) Director, Biotechnology, Biologics, and Environmental Protection (BBEP)

(c) Field organization: The locations of the principal field offices for the major programs are as follows:

(1) PPQ.

Northeastern Region: 505 South Lenola Road, Building Blason II, First Floor, Moorestown, NJ 08057.

Southeastern Region: 3505 25th Avenue, P.O. Box 3659, Gulfport, MS 39501.

South Central Region: 3505 Boca Chica Boulevard, Suite 360, Brownsville, TX 78521. Western Region: 9580 Micron Avenue, Suite I, Sacramento, CA 95827.

(2) VS.

Western Region: 317 Inverness Way South, Englewood, CO 80112.

Northern Region: Building 12, GSA Depot, Scotia, NY 12302.

Southeastern Region: 500 Zack St., Suite 310, Tampa, FL 33602-4021.

Central Region: 1600 Throckmorton St., Suite 308, Forth Worth, TX 76102.

(3) Management and Budget.

Field Servicing Office: Butler Square West, 100 North Sixth St., Minneapolis, MN 55403.

(4) ADC.

Western Region: Building 16, Denver Federal Center, P.O. Box 25266, Denver, CO 80225– 0266.

Eastern Region: 215 Centerview Drive, Suite 104, Brentwood, TN 37027.

(5) S&T.

Methods Development Centers:

Hoboken Methods Development Center, 209 River Street, Hoboken, NJ 07030.

Mission Methods Development Center, Moore Air Base, Route 3, Box 1000, Edinburg, TX 78539.

Otis Methods Development Center, Building 1398, Otis ANGB, MA 02542.

Whiteville Methods Development Center, P.O. Box 279, Whiteville, NC 28472.

Research Center: Denver Wildlife Research Center, Building 16, Denver Federal Center, P.O. Box 25266, Denver, CO 80225-0266. Laboratories:

National Veterinary Services Laboratories, P.O. Box 844, Ames, IA 50010.

National Monitoring and Residue Analysis Laboratory, P.O. Box 3209, Gulfport, MS 39503.

(6) IS.

Latin American Region: American Embassy, Reforma 305, Col. Cuauhtemoc 06500 Mexico, D.F. Mailing Address: c/o U.S. Embassy, Mexico City, P.O. Box 3087, Laredo, TX 78044.

Screwworm Program: Mexico-U.S. Commission for Eradication of Screwworms, P.O. Box 3087, Laredo, TX 78044.

Foot-and-Mouth Disease Program: MexicoU.S. Foot-and-Mouth Disease Program, "AMEMB, Mexico City," P.O. Box 3087, Laredo, TX 78044.

Pan-U.S. Commission for the Prevention of Foot-and-Mouth Disease, American Embassy-AGRI, Box E, APO Miami 34002.

[54 FR 23194, May 31, 1989, as amended at 59 FR 67611, Dec. 30, 1994]

§371.2 The Office of the Administrator.

(a) The Administrator. The Administrator of APHIS, under the direction of the Assistant Secretary for Marketing and Inspection Services, formulates, directs, and supervises the execution of APHIS policies, programs, and activities. The Administrator is authorized to take any action, execute any document, authorize any expenditure, promulgate any rule, regulation, order or instruction required by or authorized by law and deemed by the Administrator to be necessary and proper to

the discharge of the functions assigned to APHIS and to delegate, and provide for redelegation of authority to appropriate officers and employees consistent with, and with due regard to, the continuing responsibility for the proper discharge of delegations made by the Administrator. Delegations and provisions for redelegations are stated in § 371.14.

(b) The Associate Administrator. The Associate Administrator shares overall responsibility with the Administrator for general direction and supervision of the programs and activities assigned to APHIS and is authorized to act for the Administrator in performing all functions for which the Administrator is responsible.

(c) Deputy Administrator, Plant Protection and Quarantine (PPQ). The Deputy Administrator for PPQ is responsible

for:

(1) Participating with the Administrator for APHIS and other agency officials in the overall planning and formulation of all policies, programs, procedures, and activities of APHIS.

(2) Providing leadership, direction, and coordination to PPQ programs and activities to protect the Nation's agricultural resources from harmful pests, and to prevent the entry of plant pests and animal diseases into the United States and their spread in foreign commerce. The basic laws authorizing PPQ programs include:

(i) Section 102, Organic Act of September 21, 1944, as amended, and the Act of April 6, 1937, as amended (7 U.S.C. 147a, 148, 148a-148e), relating to control and eradication of plant pests and diseases;

(ii) The Mexico Border Act, as amended (7 U.S.C. 149);

(iii) The Golden Nematode Act (7 U.S.C. 150 through 150g);

(iv) The Federal Plant Pest Act, as amended (7 U.S.C. 150aa through 150jj);

(v) The Plant Quarantine Act, as amended (7 U.S.C. 151 through 164a, 167);

(vi) The Terminal Inspection Act, as amended (7 U.S.C. 166);

(vii) The Honeybee Act, as amended (7 U.S.C. 281 through 282);

(viii) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 through 2813);

(ix) The Endangered Species Act of 1973 (87 Stat. 884);

(x) Executive Order 11987;

(xi) The responsibilities of the United States under the International Plant Protection Convention;

(xii) Lacey Act Amendments of 1981 (16 U.S.C. 3401 through 3408); and

(xiii) Title III (and Title IV to the extent that it relates to activities under Title III) of the Federal Seed Act, as amended (7 U.S.C. 1581 through 1610).

(3) Participating in the development of regulations (including quarantines) pursuant to laws relating to PPQ programs and activities.

(4) Cooperating with and providing technical assistance to State and local governments in regard to plant pest control programs. Cooperating with and providing technical assistance to foreign governments with regard to pests and diseases of international quarantine significance. These activities are carried out by the PPQ Operational Support Unit and by PPQ regional and field offices.

(d) Deputy Administrator, Veterinary Services (VS). The Deputy Administrator for VS is responsible for:

(1) Participating with the Administrator of APHIS and other agency officials in the overall planning and formulation of all policies, programs, and activities of APHIS.

(2) Planning, providing leadership, formulating and coordinating policies, and directing the administration of the national programs to protect the health of the Nation's livestock and poultry resources involving:

(i) Section 306 of the Tariff Act of June 17, 1930, as amended (19 U.S.C. 1306);

(ii) Act of August 30, 1890, as amended (21 U.S.C. 102 through 105);

(iii) Act of May 29, 1884, as amended, Act of February 2, 1903, as amended, and Act of March 3, 1905, as amended, and supplemental legislation (21 U.S.C. 111 through 114a, 114a through 1, 115 through 130);

(iv) Act of February 28, 1947, as amended (21 U.S.C. 114b through 114c, 114d-1);

(v) Act of June 16, 1948 (21 U.S.C. 114e through 114f);

(vi) Act of September 6, 1961 (21 U.S.C. 114g through 114h);

(vii) Act of July 2, 1962 (21 U.S.C. 134 through 134h);

(viii) Act of May 6, 1970 (21 U.S.C. 135 through 135b);

(ix) Sections 12 through 14 of the Federal Meat Inspection Act, as amended, and the portion of section 18 of the Act that pertains to the issuance of certificates of condition of live animals intended and offered for export (21 U.S.C. 612 through 614, 618);

(x) Improvement of poultry, poultry products and hatcheries (7 U.S.C. 429);

(xi) 28 Hour Law, as amended (45 U.S.C. 71 through 74);

(xii) Export Animal Accommodation Act, as amended (46 U.S.C. 466a through 466b);

(xiii) Purebred animal duty-free entry provision of Tariff Act of June 17, 1930, as amended (19 U.S.C. 1202, Part I, Item 100.01);

(xiv) Virus-Serum Toxin Act (21 U.S.C. 151 through 158);

(xv) Sections 203 and 205 of Agricultural Marketing Act of 1946, as amended, with respect to voluntary inspection and certification of inedible animal byproducts and inspection, testing, treatment, and certification of animals and a program to investigate and develop solutions to the problems resulting from the use of sulfonamides in swine (7 U.S.C. 1622, 1624);

(xvi) Section 101(d) of the Organic Act of September 21, 1944 (7 U.S.C. 430); (xvii) The Swine Health Protection Act (7 U.S.C. 3801 through 3812); and

(xviii) Conducting diagnostic and related activities necessary to prevent, detect, control or eradicate foot-andmouth disease and other foreign animal diseases (21 U.S.C. 113a).

(xix) Sections 901-905 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note).

(3) Providing leadership and direction in planning, developing, budgeting, staffing, and implementing field programs through the Regional Directors for all phases of domestic activities in VS.

(4) Directing, coordinating, and integrating the activities of subordinate staffs that provide support in planning, coordinating, and developing animal health information systems and maintaining a Federal-State program oper

ation capable of responding to exotic disease outbreaks.

(5) Cooperating with and providing technical assistance to State and local governments, other APHIS organizations, other Federal agencies, and colleges and universities with regard to VS programs and activities.

These activities are carried out by the VS Operational Support Unit and by VS regional and field offices.

(e) Deputy Administrator, Management and Budget (M&B). The Deputy Administrator for M&B is responsible for:

(1) Participating with the Administrator of APHIS and other agency officials in the overall planning and formulation of all policies, programs, and activities of APHIS.

(2) Planning, providing leadership, formulating and coordinating policies, and directing management support functions of the agency, including Equal Employment Opportunity (EEO) and Civil Rights, budget and finance, personnel, administrative services, and information resources management activities.

(3) Advising and assisting the Administrator and other agency officials on agency legislative affairs. Providing advice and direction to legislative liaison. Fulfilling reporting requirements, including the management and control of timely responses to inquiries from Members of Congress and others as referred by the White House or the Office of the Secretary of Agriculture.

(4) Leading and guiding program and administrative reviews and inspections to assess the implementation of policies and procedures, and to assess the accomplishment of program and administrative objectives.

(5) Evaluating and taking final disposition on all administrative issuances.

(6) Coordinating General Accounting Office (GAO) and Office of the Inspector General (OIG) activities in APHIS.

(7) Administering the execution of cooperative agreements and Master Memoranda of Understanding, all agreements between APHIS and other agencies, and all agreements that require the signature of more than one Deputy Administrator or Director.

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