Production of Nonpublic Records and Testimony of OPIC Employees in Legal Proceedings, 8618-8619 [2014-03037]
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Federal Register / Vol. 79, No. 30 / Thursday, February 13, 2014 / Rules and Regulations
Monday through Friday, excluding
public holidays.
(b) Information to include. All
requests under this section must:
(1) Be in writing and be signed by the
requester;
(2) Be clearly labeled ‘‘PRIVACY ACT
APPEAL’’ on both the letter and the
envelope;
(3) Clearly reference the
determination being appealed; and
(4) Provide support for your
information, including documentation
provided in the initial determination
and any additional information.
(b) Appeal determination. The
Executive Vice President will advise the
individual of OPIC’s determination
within thirty (30) business days. If the
Executive Vice President is unable to
provide a determination within thirty
business days, the individual will be
advised in writing of the reason before
the expiry of the thirty business days.
(1) Overturn initial determination. If
the Executive Vice President grants the
appeal and overturns the initial
determination in whole or part, the
individual will be notified in writing
and the requested action taken promptly
along with any other steps OPIC would
have taken had the initial determination
come to the same result as the appeal.
(2) Uphold initial determination. If
the Executive Vice President denies the
appeal and upholds the initial
determination in whole or in part, the
individual will be notified in writing
and provided with an explanation. In
cases where a denial of amendment or
correction is upheld, the individual will
also be notified of the ability to file a
statement of disagreement under
paragraph (c) of this section.
(c) Statement of disagreement. If an
individual is denied a request to amend
a record in whole or in part and that
denial is upheld on appeal, the
individual may file a statement of
disagreement. Statements of
disagreement must be concise, clearly
identify each part of any record that is
disputed, and should be no longer than
one typed page for each fact disputed.
The statement of disagreement will be
placed in the system of records that
contains the disputed record and the
record will be marked to indicate that a
statement of disagreement has been
filed. The statement of disagreement
will be attached to any future releases
of the disputed record and may be
accompanied by a concise statement
from OPIC explaining its denial.
§ 707.26 Notification of court-ordered
disclosures.
(a) Except in cases under paragraph
(c) of this section, when a record
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pertaining to an individual is required
to be disclosed by court order, OPIC will
make reasonable efforts to provide
notice of this to the individual. If OPIC
cannot locate the individual, notice will
be deemed sufficient for this part if it is
mailed to the individual’s last known
address. The notice will contain a copy
of the order and a description of the
information disclosed.
(b) Notice will be given within a
reasonable time after OPIC’s receipt of
the order, unless the order is not a
matter of public record. In those cases,
the notice will be given only after the
order becomes public.
(c) Notice is not required if disclosure
is made from an exempt system of
records.
§ 707.27
Fees.
(a) The fees to be charged for making
copies of any records provided to an
individual under this part are ten (10)
cents per page. No fees will be charged
for search or review.
(b) At its discretion, OPIC may grant
a request for special services such as
mailing copies by means other than first
class mail or providing document
certification. All special services
provided to the requester will be
provided at cost.
(c) OPIC considers any request under
the Privacy Act to be an authorization
to incur up to $25.00 in fees unless a
request states otherwise.
(d) OPIC may condition access to
records or copies of records upon full
payment of any fees due.
(e) All payments under this part must
be in the form of a check or bank draft
denominated in U.S. currency. Checks
should be made payable to the order of
the United States Treasury and mailed
or hand delivered to OPIC at 1100 New
York Avenue NW., Washington, DC
20527.
employment, military service, Federal
contracts or access to classified
information, but only to the extent that
OPIC may determine, in its sole
discretion, that the disclosure of such
material would reveal the identity of the
source who, subsequent to September
27, 1975, furnished information to the
Government under an express promise
that the identity of the source would be
held in confidence or, prior to such
date, under an implied promise to such
effect; and
(e) Composed of testing or
examination materials used solely to
determine individual qualifications for
appointment or promotion in the
Federal service and OPIC determines, in
its sole discretion, that disclosure of
such materials would compromise the
fairness of the testing or examination
process.
§ 707.32
Special exemption.
Nothing in this part shall allow an
individual access to any information
compiled in reasonable anticipation of a
civil action or proceeding.
§ 707.33.
Other rights and services.
Nothing in this part shall be
construed to entitle any person, as of
right, to any service or to the disclosure
of any record to which such person is
not entitled under the Privacy Act.
Dated: January 28, 2014.
Nichole Cadiente,
Administrative Counsel, Department of Legal
Affairs.
[FR Doc. 2014–03039 Filed 2–12–14; 8:45 am]
BILLING CODE P
OVERSEAS PRIVATE INVESTMENT
CORPORATION
22 CFR Part 713
[No. TOUHY–2013]
Subpart C—Exceptions
RIN 3420–AA02
§ 707.31
Production of Nonpublic Records and
Testimony of OPIC Employees in Legal
Proceedings
Specific exemptions.
The provisions of 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (H) and (I) and (f)
shall not apply to any system of records
maintained by OPIC that is—
(a) Subject to the provisions of 5
U.S.C. 552(b)(1);
(b) Composed of Investigatory
material compiled for law enforcement
purposes other than those specified in 5
U.S.C. 552a(j)(2);
(c) Required by statute to be
maintained and used solely as statistical
records;
(d) Composed of investigatory
material compiled solely for the purpose
of determining suitability, eligibility or
qualifications for Federal civilian
PO 00000
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Overseas Private Investment
Corporation.
ACTION: Final rule.
AGENCY:
This rule implements
revisions to the Overseas Private
Investment Corporation’s (‘‘OPIC’’)
regulations governing the production of
nonpublic testimony or records for court
proceedings, commonly known as
Touhy regulations after Touhy v. Ragen.
DATES: This rule is effective February
14, 2014.
FOR FURTHER INFORMATION CONTACT:
Nichole Cadiente, Administrative
SUMMARY:
E:\FR\FM\13FER1.SGM
13FER1
Federal Register / Vol. 79, No. 30 / Thursday, February 13, 2014 / Rules and Regulations
Counsel, (202) 336–8400, or
foia@opic.gov.
The
amendment of Part 713 clarifies that the
Touhy regulations must be complied
with prior to the serving of a subpoena.
OPIC published a proposed rule on
December 4, 2013 in 78 FR 72850 and
invited interested parties to submit
comments. OPIC received no comments
and therefore submits the revisions to
Part 713 as a final rule.
SUPPLEMENTARY INFORMATION:
Regulatory Flexibility Act (5 U.S.C. 601
et seq.)
Pursuant to the Regulatory Flexibility
Act, 5 U.S.C. 601 et seq., the head of
OPIC has certified that this final rule
will not have a significant economic
impact on a substantial number of small
entities. The rule amends regulations
governing the procedures for a third
party to request government records and
testimony in litigation, and does not
economically impact Federal
Government relations with the private
sector. Further, under these regulations,
OPIC may only charge the actual cost for
records, based upon FOIA regulations in
Part 706, and the fees set by the court
for witness testimony. OPIC is
authorized to charge actual costs for its
services based on 31 U.S.C. 9701.
emcdonald on DSK67QTVN1PROD with RULES
Executive Order 12866
OPIC is exempted from the
requirements of this Executive Order
per the Office of Management and
Budget’s October 12, 1993
memorandum. Accordingly, OMB did
not review this final rule. However this
rule was generally composed with the
principles stated in section 1(b) of the
Executive Order in mind.
Unfunded Mandates Reform Act of
1995 (2 U.S.C. 202–05)
This final rule will not result in the
expenditure by State, local, and tribal
governments in the aggregate, or by the
private sector, of $100,000,000 or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995. Small Business Regulatory
Enforcement Fairness Act of 1996 (5
U.S.C. 801 et seq.)
This final rule is not a major rule as
defined by section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This regulation
will not result in an annual effect on the
economy of $100,000,000 or more; a
major increase in costs or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
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16:25 Feb 12, 2014
Jkt 232001
ability of United State based companies
to compete with foreign-based
companies in domestic and export
markets.
List of Subjects in 22 CFR Part 713
Administrative practice and
procedure, Courts, Government
Employees, Subpoenas.
For the reasons stated in the preamble
the Overseas Private Investment
Corporation amends 22 CFR part 713 as
follows:
PART 713—PRODUCTION OF
NONPUBLIC RECORDS AND
TESTIMONY OF OPIC EMPLOYEES IN
LEGAL PROCEEDINGS
8619
requesting the testimony of an OPIC
employee, OPIC expects you to
anticipate your need for the testimony
in sufficient time to obtain it by
deposition. The Vice-President/General
Counsel may well deny a request for
testimony at a legal proceeding unless
you explain why you could not have
used deposition testimony instead. The
Vice-President/General Counsel will
determine the location of a deposition,
taking into consideration OPIC’s interest
in minimizing the disruption for an
OPIC employee’s work schedule and the
costs and convenience of other persons
attending the deposition.
■ 5. Revise the section heading of
§ 713.10 to read as follows:
1. The authority citation for part 713
continues to read as follows:
§ 713.10
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5
U.S.C. 552a; 5 U.S.C. 702, 18 U.S.C. 207; 18
U.S.C. 641; 22 U.S.C. 2199(d); 28 U.S.C.
1821.
Dated: January 28, 2014.
Nichole Cadiente,
Administrative Counsel, Department of Legal
Affairs.
■
■
2. Revise § 713.2 to read as follows:
§ 713.2
When does this part apply?
This part applies if you want to obtain
nonpublic records or testimony of an
OPIC employee for a legal proceeding. It
does not apply to records that OPIC is
required to release, records which OPIC
discretionarily releases under the
Freedom of Information Act (FOIA),
records that OPIC releases to federal or
state investigatory agencies, records that
OPIC is required to release pursuant to
the Privacy Act, 5 U.S.C. 552a, or
records that OPIC releases under any
other applicable authority.
■ 3. Revise § 713.3 to read as follows:
§ 713.3 How do I request nonpublic
records or testimony?
To request nonpublic records or the
testimony of an OPIC employee, you
must submit a written request as
described in § 713.4 to the VicePresident/General Counsel of OPIC. If
you serve a subpoena on OPIC or an
OPIC employee before submitting a
written request and receiving a final
determination, OPIC will oppose the
subpoena on the grounds that you failed
to follow the requirements of this part.
■ 4. Revise § 713.5 to read as follows:
§ 713.5
When should I make my request?
Submit your request at least 45 days
before the date you need the records or
testimony. If you want your request
processed in a shorter time, you must
explain why you could not submit the
request earlier and why you need such
expedited processing. OPIC retains full
discretion to grant, deny, or propose a
new completion date on any request for
expedited processing. If you are
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*
Definitions.
*
*
*
*
[FR Doc. 2014–03037 Filed 2–12–14; 8:45 am]
BILLING CODE 3195–01–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1987
[Docket Number: OSHA–2011–0859]
RIN 1218–AC58
Procedures for Handling Retaliation
Complaints Under Section 402 of the
FDA Food Safety Modernization Act
Occupational Safety and Health
Administration, Labor.
ACTION: Interim final rule.
AGENCY:
This document provides the
interim final regulations governing the
employee protection (whistleblower)
provision found at section 402 of the
FDA Food Safety Modernization Act
(FSMA), which added section 1012 to
the Federal Food, Drug, and Cosmetic
Act. This interim rule establishes
procedures and time frames for the
handling of retaliation complaints under
FSMA, including procedures and time
frames for employee complaints to the
Occupational Safety and Health
Administration (OSHA), investigations
by OSHA, appeals of OSHA
determinations to an administrative law
judge (ALJ) for a hearing de novo,
hearings by ALJs, review of ALJ
decisions by the Administrative Review
Board (ARB) (acting on behalf of the
Secretary of Labor), and judicial review
of the Secretary’s final decision.
SUMMARY:
E:\FR\FM\13FER1.SGM
13FER1
]]>Agencies
[Federal Register Volume 79, Number 30 (Thursday, February 13, 2014)]
[Rules and Regulations]
[Pages 8618-8619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03037]
-----------------------------------------------------------------------
OVERSEAS PRIVATE INVESTMENT CORPORATION
22 CFR Part 713
[No. TOUHY-2013]
RIN 3420-AA02
Production of Nonpublic Records and Testimony of OPIC Employees
in Legal Proceedings
AGENCY: Overseas Private Investment Corporation.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements revisions to the Overseas Private
Investment Corporation's (``OPIC'') regulations governing the
production of nonpublic testimony or records for court proceedings,
commonly known as Touhy regulations after Touhy v. Ragen.
DATES: This rule is effective February 14, 2014.
FOR FURTHER INFORMATION CONTACT: Nichole Cadiente, Administrative
[[Page 8619]]
Counsel, (202) 336-8400, or foia@opic.gov.
SUPPLEMENTARY INFORMATION: The amendment of Part 713 clarifies that the
Touhy regulations must be complied with prior to the serving of a
subpoena.
OPIC published a proposed rule on December 4, 2013 in 78 FR 72850
and invited interested parties to submit comments. OPIC received no
comments and therefore submits the revisions to Part 713 as a final
rule.
Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
Pursuant to the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
the head of OPIC has certified that this final rule will not have a
significant economic impact on a substantial number of small entities.
The rule amends regulations governing the procedures for a third party
to request government records and testimony in litigation, and does not
economically impact Federal Government relations with the private
sector. Further, under these regulations, OPIC may only charge the
actual cost for records, based upon FOIA regulations in Part 706, and
the fees set by the court for witness testimony. OPIC is authorized to
charge actual costs for its services based on 31 U.S.C. 9701.
Executive Order 12866
OPIC is exempted from the requirements of this Executive Order per
the Office of Management and Budget's October 12, 1993 memorandum.
Accordingly, OMB did not review this final rule. However this rule was
generally composed with the principles stated in section 1(b) of the
Executive Order in mind.
Unfunded Mandates Reform Act of 1995 (2 U.S.C. 202-05)
This final rule will not result in the expenditure by State, local,
and tribal governments in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995. Small Business Regulatory Enforcement Fairness Act of 1996 (5
U.S.C. 801 et seq.)
This final rule is not a major rule as defined by section 804 of
the Small Business Regulatory Enforcement Fairness Act of 1996. This
regulation will not result in an annual effect on the economy of
$100,000,000 or more; a major increase in costs or prices; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United State based
companies to compete with foreign-based companies in domestic and
export markets.
List of Subjects in 22 CFR Part 713
Administrative practice and procedure, Courts, Government
Employees, Subpoenas.
For the reasons stated in the preamble the Overseas Private
Investment Corporation amends 22 CFR part 713 as follows:
PART 713--PRODUCTION OF NONPUBLIC RECORDS AND TESTIMONY OF OPIC
EMPLOYEES IN LEGAL PROCEEDINGS
0
1. The authority citation for part 713 continues to read as follows:
Authority: 5 U.S.C. 301; 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C.
702, 18 U.S.C. 207; 18 U.S.C. 641; 22 U.S.C. 2199(d); 28 U.S.C.
1821.
0
2. Revise Sec. 713.2 to read as follows:
Sec. 713.2 When does this part apply?
This part applies if you want to obtain nonpublic records or
testimony of an OPIC employee for a legal proceeding. It does not apply
to records that OPIC is required to release, records which OPIC
discretionarily releases under the Freedom of Information Act (FOIA),
records that OPIC releases to federal or state investigatory agencies,
records that OPIC is required to release pursuant to the Privacy Act, 5
U.S.C. 552a, or records that OPIC releases under any other applicable
authority.
0
3. Revise Sec. 713.3 to read as follows:
Sec. 713.3 How do I request nonpublic records or testimony?
To request nonpublic records or the testimony of an OPIC employee,
you must submit a written request as described in Sec. 713.4 to the
Vice-President/General Counsel of OPIC. If you serve a subpoena on OPIC
or an OPIC employee before submitting a written request and receiving a
final determination, OPIC will oppose the subpoena on the grounds that
you failed to follow the requirements of this part.
0
4. Revise Sec. 713.5 to read as follows:
Sec. 713.5 When should I make my request?
Submit your request at least 45 days before the date you need the
records or testimony. If you want your request processed in a shorter
time, you must explain why you could not submit the request earlier and
why you need such expedited processing. OPIC retains full discretion to
grant, deny, or propose a new completion date on any request for
expedited processing. If you are requesting the testimony of an OPIC
employee, OPIC expects you to anticipate your need for the testimony in
sufficient time to obtain it by deposition. The Vice-President/General
Counsel may well deny a request for testimony at a legal proceeding
unless you explain why you could not have used deposition testimony
instead. The Vice-President/General Counsel will determine the location
of a deposition, taking into consideration OPIC's interest in
minimizing the disruption for an OPIC employee's work schedule and the
costs and convenience of other persons attending the deposition.
0
5. Revise the section heading of Sec. 713.10 to read as follows:
Sec. 713.10 Definitions.
* * * * *
Dated: January 28, 2014.
Nichole Cadiente,
Administrative Counsel, Department of Legal Affairs.
[FR Doc. 2014-03037 Filed 2-12-14; 8:45 am]
BILLING CODE 3195-01-P
