Requests for Documents and Testimony, 17086-17088 [2018-07964]

Download as PDF 17086 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations EPA APPROVED FLORIDA REGULATIONS—Continued State citation (section) State effective date Title/subject EPA approval date Explanation State Statutes 112.3143(4) .. Voting Conflict ............................... 4/19/2012 7/30/2012, 77 FR 44485 ..... 112.3144 ....... Full and Public Disclosure of Financial Interests. Injunctive relief, remedies ............. 4/19/2012 7/30/2012, 77 FR 44485 ..... 4/19/2012 7/30/2012, 77 FR 44485 ..... 4/19/2012 7/30/2012, 77 FR 44485 ..... 403.131 ......... 120.569 ......... Decisions which affect substantial interests. To satisfy the requirements 128 and 110(a)(2)(E)(ii). To satisfy the requirements 128 and 110(a)(2)(E)(ii). To satisfy the requirements 110(a)(2)(G). To satisfy the requirements 110(a)(2)(G). of sections of sections of section of section (d) EPA-approved State Sourcespecific requirements. EPA-APPROVED FLORIDA SOURCE-SPECIFIC REQUIREMENTS State effective date Name of source Permit No. Harry S Truman, animal import center. Martin Gas Sales, Inc ....... Broward County Aviation Department. Lockheed Martin Aeronautics Company. NA ..................................... 11/26/1996 0570477–007–AC ............. ........................................... 1/17/2003 8/15/2003 5/1/2003, 68 FR 23209. 6/17/2003, 69 FR 33862 .. ........................................... 4/16/2005 11/28/2006, 71 FR 68745 Combs Oil Company ........ ........................................... 7/31/2009 9/25/2015, 80 FR 57727 .. Mosaic Fertilizer, LLC ....... Air Permit No. 080–AC. Air Permit No. 036–AC. Air Permit No. 074–AC. Air Permit No. 046–AC. 0570008– 1/15/2015 7/3/2017, 82 FR 30749 .... 0890004– 4/12/2012 7/3/2017, 82 FR 30749 .... 0570039– 2/26/2015 7/3/2017, 82 FR 30749 .... 0890003– 1/9/2015 7/3/2017, 82 FR 30749 .... Rayonier Performance Fibers, LLC. Tampa Electric Company—Big Bend Station. WestRock, LLC ................. * * * * * Stefanie K. Davis, Assistant General Counsel, 202–295–1563, sdavis@lsc.gov. SUPPLEMENTARY INFORMATION: BILLING CODE 6560–50–P I. Background LEGAL SERVICES CORPORATION 45 CFR Part 1603 Requests for Documents and Testimony Legal Services Corporation. Final rule. AGENCY: This final rule governs subpoenas and requests for LSC documents and testimony by nonfederal litigants in cases in which LSC is not a party. This rule provides the public with guidance on where to send requests and establishes procedures by which those requests will be processed. DATES: This final rule is effective on May 18, 2018. amozie on DSK30RV082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:24 Apr 17, 2018 Jkt 244001 LSC proposed to create a new regulation, known as a Touhy regulation, that would establish a process by which litigants in cases where LSC is not a party could obtain documents or testimony from LSC and its employees. Arising from the Supreme Court’s decision in U.S. ex rel Touhy v. Ragen, 340 U.S. 462 (1951), Touhy regulations define agencies’ procedures for responding to document or testimony requests, as well as individual agency employees’ obligation to follow such procedures. Between 2013 and 2017, LSC and its Office of the Inspector General (OIG) received several subpoenas and requests for testimony or documents but did not PO 00000 Frm 00010 Fmt 4700 Explanation 1/19/2000, 65 FR 2882. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2018–07900 Filed 4–17–18; 8:45 am] ACTION: EPA approval date Sfmt 4700 Order Granting Variance from Rule 62– 252.400. Requirement that Lockheed Martin Aeronautics Company comply with EPA’s Aerospace CTG at its Pinellas County facility. Order Granting Variance from Rule 62– 296.418(2)(b)2. Specific Conditions pertaining to: EU004; EU005; and EU006. Specific Conditions pertaining to: EU005; EU006; and EU022. Specific Conditions pertaining to: EU001; EU002; EU003 and EU004. Specific Conditions pertaining to: EU006; EU015; EU007 and EU011. have internal or external guidance in place regarding such requests. At the OIG’s recommendation, LSC added rulemaking on requests for documents and testimony to its rulemaking agenda in 2015. On October 15, 2017, the Operations and Regulations Committee (Committee) of LSC’s Board of Directors (Board) voted to recommend that the Board authorize rulemaking on part 1603. On October 17, 2017, the Board authorized LSC to begin rulemaking. Regulatory action was justified for four reasons. First, a Touhy regulation would promote efficiency and timeliness by identifying those LSC officials with the authority to respond to requests or subpoenas for documents or testimony and establishing a procedure for LSC’s consideration of such requests. Second, it would minimize the possibility of involving LSC in controversies not related to its functions. Third, it would prevent the E:\FR\FM\18APR1.SGM 18APR1 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations amozie on DSK30RV082PROD with RULES misuse of LSC’s employees as involuntary expert witnesses for private interests or as inappropriate expert witnesses as to the state of the law. Fourth, it would maintain LSC’s impartiality toward private litigants. On January 21, 2018, the Committee voted to recommend that the Board approve this notice of proposed rulemaking (NPRM) for publication. On January 23, 2018, the Board accepted the Committee’s recommendation and voted to approve publication of this NPRM with a 30-day comment period. LSC published the notice of proposed rulemaking in the Federal Register on February 1, 2018, 83 FR 4827. The comment period remained open for thirty days and closed on March 5, 2018. On April 8, 2018, the Committee voted to recommend that the Board adopt this Final Rule and approve its publication in the Federal Register. On April 10, 2018, the Board accepted the Committee’s recommendation and voted to adopt and approve publication of this final rule. Materials regarding this rulemaking are available in the open rulemaking section of LSC’s website at http:// www.lsc.gov/about-lsc/laws-regulationsguidance/rulemaking. After the effective date of the rule, those materials will appear in the closed rulemaking section at http://www.lsc.gov/about-lsc/lawsregulations-guidance/rulemaking/ closed-rulemaking. II. Discussion of the Final Rule LSC received no comments on the proposed rule. Consequently, LSC is adopting the text of the proposed rule published in the Federal Register at 83 FR 4827 with minor revisions. At the Operations and Regulations Committee meeting on April 8, 2018, the Committee recommended that LSC make two technical changes. The first was to include language in the definition of employee to make clear that this rule applies to non-Director members of Board committees. The second was to add language to § 1603.4(a) clarifying that individuals seeking testimony from an employee of OIG must follow the procedures in § 1603.4(b) for requesting testimony from the OIG Legal Counsel, rather than submitting the request to LSC’s General Counsel. LSC Management concurred with the recommendations and revised the proposed final rule text accordingly. In a final rule published elsewhere in this issue of the Federal Register, LSC is removing the existing version of part 1603 pertaining to state advisory councils. LSC is replacing it with this regulation. VerDate Sep<11>2014 16:24 Apr 17, 2018 Jkt 244001 List of Subjects in 45 CFR Part 1603 Administrative practice and procedure; Archives and records; Courts. For the reasons discussed in the preamble, the Legal Services Corporation adds CFR part 1603 to read as follows: ■ PART 1603—TESTIMONY BY EMPLOYEES AND PRODUCTION OF DOCUMENTS IN PROCEEDINGS WHERE THE UNITED STATES IS NOT A PARTY Sec. 1603.1 Scope, purpose, and applicability. 1603.2 Definitions. 1603.3 What is LSC’s policy on presentation of testimony and production of documents? 1603.4 How does a person request voluntary testimony from an employee? 1603.5 How will LSC respond to a request for expert testimony from an employee? 1603.6 How will LSC respond to a subpoena for documents? 1603.7 When will LSC certify the authenticity of records? 1603.8 Does this part give individuals any rights? Authority: 42 U.S.C. 2996g(e). § 1603.1 Scope, purpose, and applicability. (a) This part sets forth rules to be followed when a litigant requests an employee of the Legal Services Corporation (LSC), including LSC’s Office of the Inspector General (OIG), to provide testimony in a deposition, trial, or other similar proceeding concerning information acquired in the course of performing official duties or because of such person’s official capacity with LSC. This part also sets forth procedures for the handling of subpoenas for documents and other requests for documents in the possession of LSC or the OIG, and for the processing of requests for certification of copies of documents. (b) It is LSC’s policy to provide information, data, and records to nonfederal litigants to the same extent and in the same manner that they are made available to the public. When subject to the jurisdiction of a court or other tribunal presiding over litigation between non-federal parties, LSC will follow all applicable procedural and substantive rules relating to the production of information, data, and records by a non-party. The availability of LSC employees to testify in litigation not involving federal parties is governed by LSC’s policy to maintain strict impartiality with respect to private litigants and to minimize the disruption of official duties. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 17087 (c) This part applies to state, local, and tribal judicial, administrative, and legislative proceedings, and to federal judicial and administrative proceedings. (d) This part does not apply to: (1) Any civil or criminal proceedings to which LSC is a party. (2) Congressional requests or subpoenas for testimony or documents. (3) Consultative services and technical assistance provided by LSC in carrying out its normal program activities. (4) Employees serving as expert witnesses in connection with professional and consultative services as approved outside activities. In cases where employees are providing such outside services, they must state for the record that the testimony represents their own views and does not necessarily represent the official position of LSC. (5) Employees making appearances in their private capacity in legal or administrative proceedings that do not relate to LSC, such as cases arising out of traffic accidents, crimes, domestic relations, etc., and not involving professional and consultative services. (6) Any civil or criminal proceedings in State court brought on behalf of LSC. (7) Any criminal proceeding brought as a result of a referral for prosecution by the OIG or by any other Inspector General in connection with a case worked jointly with the OIG. § 1603.2 Definitions. (a) Certify means to authenticate official LSC documents. (b) Employee means current and former LSC employees, including temporary employees, OIG employees, and members of the Board of Directors and its Committees. (c) LSC means the Legal Services Corporation. Unless explicitly stated otherwise, LSC includes the OIG. (d) Testify and testimony include inperson, oral statements before a court, legislative or administrative body and statements made pursuant to depositions, interrogatories, declarations, affidavits, or other formal participation. § 1603.3 What is LSC’s policy on presentation of testimony and production of documents? In any proceedings to which this part applies, no employee may provide testimony or produce documents concerning information acquired in the course of performing official duties or because of the person’s official relationship with LSC unless authorized by the General Counsel or the OIG Legal Counsel pursuant to this part based on E:\FR\FM\18APR1.SGM 18APR1 17088 Federal Register / Vol. 83, No. 75 / Wednesday, April 18, 2018 / Rules and Regulations his or her determination that compliance with the request would promote LSC’s objectives. § 1603.4 How does a person request voluntary testimony from an employee? (a) All requests for testimony by an employee in his or her official capacity, except employees of OIG described in paragraph (b) of this section, and not subject to the exceptions set forth in § 1603.1(d) of this part must be in writing and addressed to the General Counsel. (b) All requests for testimony by an employee of the OIG must be in writing and addressed to the OIG Legal Counsel. (c) Requests must state the nature of the requested testimony, why the information sought is unavailable by any other means, and the reasons why the testimony would be in the interest of LSC. § 1603.5 How will LSC respond to a request for expert testimony from an employee? No employee shall serve as an expert witness in any proceeding described in § 1603.1(c) of this part or before a court or agency of the United States unless the General Counsel or the OIG Legal Counsel authorizes the employee’s participation. amozie on DSK30RV082PROD with RULES § 1603.6 How will LSC respond to a subpoena for documents? 16:24 Apr 17, 2018 Jkt 244001 § 1603.7 When will LSC certify the authenticity of records? Upon request, LSC will certify the authenticity of copies of records that are to be disclosed. The requesting party will be responsible for reasonable fees for copying and certification. § 1603.8 Does this part give individuals any rights? This part is intended only to provide a process for receipt and processing of private litigants’ requests for LSC documents and testimony. It does not, and may not be relied upon, to create a right or benefit, substantive or procedural, enforceable at law by a party against LSC. Dated: April 11, 2018. Stefanie Davis, Assistant General Counsel. [FR Doc. 2018–07964 Filed 4–17–18; 8:45 am] (a) Whenever a subpoena commanding the production of any LSC record has been served upon an employee, the employee shall refer the subpoena to the General Counsel or the OIG Legal Counsel, as appropriate. The General Counsel or the OIG Legal Counsel shall determine whether the subpoena is legally sufficient, whether the subpoena was properly served, and whether the issuing court or other tribunal has jurisdiction over LSC. If the General Counsel or the OIG Legal Counsel determines that the subpoena satisfies all three factors, LSC shall comply with the terms of the subpoena unless LSC takes affirmative action to modify or quash the subpoena in accordance with Fed. R. Civ. P. 45 (c). (b) If a subpoena commanding the production of any record served upon an employee is determined by the General Counsel or the OIG Legal Counsel to be legally insufficient, improperly served, or from a tribunal not having jurisdiction, LSC shall deem the subpoena a request for records under the Freedom of Information Act. LSC shall handle the subpoena pursuant to the rules governing public disclosure established in 45 CFR part 1602. (c) If the General Counsel or the OIG Legal Counsel denies approval to VerDate Sep<11>2014 comply with a subpoena for testimony or has not acted by the return date, the employee will be directed to appear at the stated time and place, unless advised by the General Counsel or the OIG Legal Counsel that responding to the subpoena would be inappropriate. The employee will be directed to produce a copy of these regulations and respectfully decline to testify or produce any documents on the basis of these regulations. BILLING CODE 7050–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 20 [WT Docket No. 10–4; FCC 18–35] Improvement of Wireless Coverage Through the Use of Signal Boosters Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission takes further steps to expand access to signal boosters by removing the personal use restriction on Provider-Specific Consumer Signal Boosters, thereby allowing small businesses, public safety entities, and other organizations to take advantage of the signal boosters’ benefits. Specifically, whereas the existing rules restricted ProviderSpecific Consumer Signal Boosters to personal use, the Commission will now permit any subscriber—an individual or a non-individual—with a proper registration to use these boosters. This approach will have cognizable public interest benefits by permitting more SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 entities to take advantage of the recognized benefits of Provider-Specific Consumer Signal Boosters. DATES: Effective May 18, 2018. FOR FURTHER INFORMATION CONTACT: Amanda Huetinck at Amanda.huetinck@fcc.gov, of the Wireless Telecommunications Bureau, Mobility Division, (202) 418–7090. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Second Report and Order (Second Report and Order) in WT Docket No. 10–4, FCC 18– 35, released on March 23, 2018. The complete text of the Second Report and Order, including all Appendices, is available for inspection and copying during normal business hours in the FCC Reference Center, 445 12th Street SW, Room CY–A157, Washington, DC 20554, or by downloading the text from the Commission’s website at https:// apps.fcc.gov/edocs_public/attachmatch/ FCC-18-35A1.pdf. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to FCC504@fcc.gov or calling the Consumer and Government Affairs Bureau at (202) 418–0530 (voice), (202) 418–0432 (TTY). The Commission will send a copy of the Second Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). I. Second Report and Order 1. The Commission’s Consumer Signal Booster rules, adopted in a 2013 Report and Order (WT Docket No. 10– 4) (Report and Order), 78 FR 21555, Apr. 11, 2013, appear to have achieved the Commission’s goals of expanding Americans’ access to well-designed boosters that do not harm wireless providers’ networks. The rules adopted in the Report and Order, however, were conservatively designed and tailored to meet the needs of individual consumers. Given the record developed in the proceeding, the Commission finds that it can expand the availability of Consumer Signal Boosters without creating a risk of unacceptable interference. Accordingly, in its Second Report and Order, the Commission further expands access to signal boosters by eliminating a restriction on their use that the Commission now finds unnecessary. Specifically, based on the record before it, the Commission removes the personal use restriction on the operation of Provider-Specific Consumer Signal Boosters so that small businesses, public safety entities, and other organizations also may take full E:\FR\FM\18APR1.SGM 18APR1

Agencies

[Federal Register Volume 83, Number 75 (Wednesday, April 18, 2018)]
[Rules and Regulations]
[Pages 17086-17088]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07964]


=======================================================================
-----------------------------------------------------------------------

LEGAL SERVICES CORPORATION

45 CFR Part 1603


Requests for Documents and Testimony

AGENCY: Legal Services Corporation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule governs subpoenas and requests for LSC 
documents and testimony by non-federal litigants in cases in which LSC 
is not a party. This rule provides the public with guidance on where to 
send requests and establishes procedures by which those requests will 
be processed.

DATES: This final rule is effective on May 18, 2018.

FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General 
Counsel, 202-295-1563, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    LSC proposed to create a new regulation, known as a Touhy 
regulation, that would establish a process by which litigants in cases 
where LSC is not a party could obtain documents or testimony from LSC 
and its employees. Arising from the Supreme Court's decision in U.S. ex 
rel Touhy v. Ragen, 340 U.S. 462 (1951), Touhy regulations define 
agencies' procedures for responding to document or testimony requests, 
as well as individual agency employees' obligation to follow such 
procedures.
    Between 2013 and 2017, LSC and its Office of the Inspector General 
(OIG) received several subpoenas and requests for testimony or 
documents but did not have internal or external guidance in place 
regarding such requests. At the OIG's recommendation, LSC added 
rulemaking on requests for documents and testimony to its rulemaking 
agenda in 2015. On October 15, 2017, the Operations and Regulations 
Committee (Committee) of LSC's Board of Directors (Board) voted to 
recommend that the Board authorize rulemaking on part 1603. On October 
17, 2017, the Board authorized LSC to begin rulemaking.
    Regulatory action was justified for four reasons. First, a Touhy 
regulation would promote efficiency and timeliness by identifying those 
LSC officials with the authority to respond to requests or subpoenas 
for documents or testimony and establishing a procedure for LSC's 
consideration of such requests. Second, it would minimize the 
possibility of involving LSC in controversies not related to its 
functions. Third, it would prevent the

[[Page 17087]]

misuse of LSC's employees as involuntary expert witnesses for private 
interests or as inappropriate expert witnesses as to the state of the 
law. Fourth, it would maintain LSC's impartiality toward private 
litigants.
    On January 21, 2018, the Committee voted to recommend that the 
Board approve this notice of proposed rulemaking (NPRM) for 
publication. On January 23, 2018, the Board accepted the Committee's 
recommendation and voted to approve publication of this NPRM with a 30-
day comment period. LSC published the notice of proposed rulemaking in 
the Federal Register on February 1, 2018, 83 FR 4827. The comment 
period remained open for thirty days and closed on March 5, 2018.
    On April 8, 2018, the Committee voted to recommend that the Board 
adopt this Final Rule and approve its publication in the Federal 
Register. On April 10, 2018, the Board accepted the Committee's 
recommendation and voted to adopt and approve publication of this final 
rule.
    Materials regarding this rulemaking are available in the open 
rulemaking section of LSC's website at http://www.lsc.gov/about-lsc/laws-regulations-guidance/rulemaking. After the effective date of the 
rule, those materials will appear in the closed rulemaking section at 
http://www.lsc.gov/about-lsc/laws-regulations-guidance/rulemaking/closed-rulemaking.

II. Discussion of the Final Rule

    LSC received no comments on the proposed rule. Consequently, LSC is 
adopting the text of the proposed rule published in the Federal 
Register at 83 FR 4827 with minor revisions. At the Operations and 
Regulations Committee meeting on April 8, 2018, the Committee 
recommended that LSC make two technical changes. The first was to 
include language in the definition of employee to make clear that this 
rule applies to non-Director members of Board committees. The second 
was to add language to Sec.  1603.4(a) clarifying that individuals 
seeking testimony from an employee of OIG must follow the procedures in 
Sec.  1603.4(b) for requesting testimony from the OIG Legal Counsel, 
rather than submitting the request to LSC's General Counsel. LSC 
Management concurred with the recommendations and revised the proposed 
final rule text accordingly.
    In a final rule published elsewhere in this issue of the Federal 
Register, LSC is removing the existing version of part 1603 pertaining 
to state advisory councils. LSC is replacing it with this regulation.

List of Subjects in 45 CFR Part 1603

    Administrative practice and procedure; Archives and records; 
Courts.


0
For the reasons discussed in the preamble, the Legal Services 
Corporation adds CFR part 1603 to read as follows:

PART 1603--TESTIMONY BY EMPLOYEES AND PRODUCTION OF DOCUMENTS IN 
PROCEEDINGS WHERE THE UNITED STATES IS NOT A PARTY

Sec.
1603.1 Scope, purpose, and applicability.
1603.2 Definitions.
1603.3 What is LSC's policy on presentation of testimony and 
production of documents?
1603.4 How does a person request voluntary testimony from an 
employee?
1603.5 How will LSC respond to a request for expert testimony from 
an employee?
1603.6 How will LSC respond to a subpoena for documents?
1603.7 When will LSC certify the authenticity of records?
1603.8 Does this part give individuals any rights?

    Authority: 42 U.S.C. 2996g(e).


Sec.  1603.1  Scope, purpose, and applicability.

    (a) This part sets forth rules to be followed when a litigant 
requests an employee of the Legal Services Corporation (LSC), including 
LSC's Office of the Inspector General (OIG), to provide testimony in a 
deposition, trial, or other similar proceeding concerning information 
acquired in the course of performing official duties or because of such 
person's official capacity with LSC. This part also sets forth 
procedures for the handling of subpoenas for documents and other 
requests for documents in the possession of LSC or the OIG, and for the 
processing of requests for certification of copies of documents.
    (b) It is LSC's policy to provide information, data, and records to 
non-federal litigants to the same extent and in the same manner that 
they are made available to the public. When subject to the jurisdiction 
of a court or other tribunal presiding over litigation between non-
federal parties, LSC will follow all applicable procedural and 
substantive rules relating to the production of information, data, and 
records by a non-party. The availability of LSC employees to testify in 
litigation not involving federal parties is governed by LSC's policy to 
maintain strict impartiality with respect to private litigants and to 
minimize the disruption of official duties.
    (c) This part applies to state, local, and tribal judicial, 
administrative, and legislative proceedings, and to federal judicial 
and administrative proceedings.
    (d) This part does not apply to:
    (1) Any civil or criminal proceedings to which LSC is a party.
    (2) Congressional requests or subpoenas for testimony or documents.
    (3) Consultative services and technical assistance provided by LSC 
in carrying out its normal program activities.
    (4) Employees serving as expert witnesses in connection with 
professional and consultative services as approved outside activities. 
In cases where employees are providing such outside services, they must 
state for the record that the testimony represents their own views and 
does not necessarily represent the official position of LSC.
    (5) Employees making appearances in their private capacity in legal 
or administrative proceedings that do not relate to LSC, such as cases 
arising out of traffic accidents, crimes, domestic relations, etc., and 
not involving professional and consultative services.
    (6) Any civil or criminal proceedings in State court brought on 
behalf of LSC.
    (7) Any criminal proceeding brought as a result of a referral for 
prosecution by the OIG or by any other Inspector General in connection 
with a case worked jointly with the OIG.


Sec.  1603.2  Definitions.

    (a) Certify means to authenticate official LSC documents.
    (b) Employee means current and former LSC employees, including 
temporary employees, OIG employees, and members of the Board of 
Directors and its Committees.
    (c) LSC means the Legal Services Corporation. Unless explicitly 
stated otherwise, LSC includes the OIG.
    (d) Testify and testimony include in-person, oral statements before 
a court, legislative or administrative body and statements made 
pursuant to depositions, interrogatories, declarations, affidavits, or 
other formal participation.


Sec.  1603.3  What is LSC's policy on presentation of testimony and 
production of documents?

    In any proceedings to which this part applies, no employee may 
provide testimony or produce documents concerning information acquired 
in the course of performing official duties or because of the person's 
official relationship with LSC unless authorized by the General Counsel 
or the OIG Legal Counsel pursuant to this part based on

[[Page 17088]]

his or her determination that compliance with the request would promote 
LSC's objectives.


Sec.  1603.4   How does a person request voluntary testimony from an 
employee?

    (a) All requests for testimony by an employee in his or her 
official capacity, except employees of OIG described in paragraph (b) 
of this section, and not subject to the exceptions set forth in Sec.  
1603.1(d) of this part must be in writing and addressed to the General 
Counsel.
    (b) All requests for testimony by an employee of the OIG must be in 
writing and addressed to the OIG Legal Counsel.
    (c) Requests must state the nature of the requested testimony, why 
the information sought is unavailable by any other means, and the 
reasons why the testimony would be in the interest of LSC.


Sec.  1603.5  How will LSC respond to a request for expert testimony 
from an employee?

    No employee shall serve as an expert witness in any proceeding 
described in Sec.  1603.1(c) of this part or before a court or agency 
of the United States unless the General Counsel or the OIG Legal 
Counsel authorizes the employee's participation.


Sec.  1603.6  How will LSC respond to a subpoena for documents?

    (a) Whenever a subpoena commanding the production of any LSC record 
has been served upon an employee, the employee shall refer the subpoena 
to the General Counsel or the OIG Legal Counsel, as appropriate. The 
General Counsel or the OIG Legal Counsel shall determine whether the 
subpoena is legally sufficient, whether the subpoena was properly 
served, and whether the issuing court or other tribunal has 
jurisdiction over LSC. If the General Counsel or the OIG Legal Counsel 
determines that the subpoena satisfies all three factors, LSC shall 
comply with the terms of the subpoena unless LSC takes affirmative 
action to modify or quash the subpoena in accordance with Fed. R. Civ. 
P. 45 (c).
    (b) If a subpoena commanding the production of any record served 
upon an employee is determined by the General Counsel or the OIG Legal 
Counsel to be legally insufficient, improperly served, or from a 
tribunal not having jurisdiction, LSC shall deem the subpoena a request 
for records under the Freedom of Information Act. LSC shall handle the 
subpoena pursuant to the rules governing public disclosure established 
in 45 CFR part 1602.
    (c) If the General Counsel or the OIG Legal Counsel denies approval 
to comply with a subpoena for testimony or has not acted by the return 
date, the employee will be directed to appear at the stated time and 
place, unless advised by the General Counsel or the OIG Legal Counsel 
that responding to the subpoena would be inappropriate. The employee 
will be directed to produce a copy of these regulations and 
respectfully decline to testify or produce any documents on the basis 
of these regulations.


Sec.  1603.7  When will LSC certify the authenticity of records?

    Upon request, LSC will certify the authenticity of copies of 
records that are to be disclosed. The requesting party will be 
responsible for reasonable fees for copying and certification.


Sec.  1603.8   Does this part give individuals any rights?

    This part is intended only to provide a process for receipt and 
processing of private litigants' requests for LSC documents and 
testimony. It does not, and may not be relied upon, to create a right 
or benefit, substantive or procedural, enforceable at law by a party 
against LSC.

    Dated: April 11, 2018.
Stefanie Davis,
Assistant General Counsel.
[FR Doc. 2018-07964 Filed 4-17-18; 8:45 am]
BILLING CODE 7050-01-P