Letter to William Thomas 9/8/94

United States Department of Agriculture
Forest Service Office Washington
P.O. Box 96090
14th & Independence SW
Washington, DC 20090-6090

Reply to: 8270-1-1
Date: Sept. 8 1994

Mr. William Thomas
2817 11th Street N.W.
Washington, D.C. 20001

Dear Mr. Thomas:

This letter is in response to your August 4, 1994, Freedom of Information Act (FOIA) request for "a list of the names and addresses of all individuals and organizations who submitted public comment in response to the regulations referred to in the enclosed NFS press release."

In your August 4, 1994, letter you state "because the Administrative Procedures Act requires that the agency compile a loge of public comment received in response to proposed rulemaking, it is curious that your exhaustive and reasonable search did not uncover a document responsive tom (my) request." The FOIA under 5 U.S.C. 552, is not required to create a new record in order to fulfill a request for records. At the time of your earlier request letter dated May 23, 1994, there was no document that was responsive to your request.

The public comments received by the Forest Service, as referred to in the NFS press release, are located at the Federal Law Enforcement Training Center (FLCTC), where they are currently being reviewed, assessed and categorized. The log is in the process of being compiled and will be available for release around the end of October, 1994. You may wish to submit a rew request at a later date. You are also free to view the public comments at the site. the address for the FLETC is as follows:
Federal; Law Enforcement Training Center
USDA Forest Service Law Enforcement
Glynco, Georgia 31524
Contact person: Jack Gregory
Tel.: (912) 267-2471

To the extent that no list of names or addresses exists at this time, there are no records responsive to your request. The FOIA provides you the right to appeal this determination. Any appeal must be made in writing to the Chief, USDA Forest Service, P.O. Box 96090, Washington, D.C. 20090-6090, within 45 days from the date of this letter. The term "FOIA appeal," should be placed in capital letters on the front of the envelope.


J. Lamar Beasley
Deputy Chief for Administration

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