Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations 14539 

Subpart G—Penalties 

§ 597.701 [Amended] 

■ 47. In § 597.701, in paragraph (b)(3), 

remove ‘‘$81,283’’ and add in its place 

‘‘$82,244’’. 

PART 598—FOREIGN NARCOTICS 

KINGPIN SANCTIONS REGULATIONS 

■ 48. The authority citation for part 598 

is revised to read as follows: 

Authority: 3 U.S.C. 301; 21 U.S.C. 1901– 

1908; 31 U.S.C. 321(b); Pub. L. 101–410, 104 

Stat. 890, as amended (28 U.S.C. 2461 note). 

Subpart G—Penalties 

§ 598.701 [Amended] 

■ 49. In § 598.701, in paragraph (a)(4), 

remove ‘‘$1,529,991’’ and add in its 

place ‘‘$1,548,075’’. 

Dated: March 12, 2021. 

Bradley T. Smith, 

Acting Director, Office of Foreign Assets 

Control. 

[FR Doc. 2021–05506 Filed 3–16–21; 8:45 am] 

BILLING CODE 4810–AL–P 

POSTAL SERVICE 

39 CFR Part 230 

Rules Governing Compliance With 

Subpoenas, Summonses, and Court 

Orders for the Office of Inspector 

General 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is 

amending the Code of Federal 

Regulations to state rules that govern 

compliance with subpoenas, 

summonses, and court orders served on 

employees of the Office of Inspector 

General where neither the Postal 

Service, the United States, nor any other 

Federal agency is a party. 

DATES: Effective March 17, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Matthew C. Glover, Director, Legal 

Services, Office of Inspector General, at 

(703) 248–4584. 

SUPPLEMENTARY INFORMATION: On 

October 3, 2003, the Postal Service 

published rules governing compliance 

with subpoenas, summonses, and court 

orders served on employees of the 

Office of Inspector General. 

Those rules appear in subpart B of 

part 230. This publication amends and 

updates the existing rules. 

List of Subjects in 39 CFR Part 230 

Administrative practice and 

procedure. 

For the reasons stated in the 

preamble, the Postal Service amends 39 

CFR part 230 as follows: 

PART 230—OFFICE OF INSPECTOR 

GENERAL 

■ 1. The authority citation for part 230 

continues to read as follows: 

Authority: 5 U.S.C. app. 3; 39 U.S.C. 401(2) 

and 1001. 

■ 2. Revise subpart B to read as follows: 

Subpart B—Rules Governing 

Compliance With Subpoenas, 

Summonses, and Court Orders by 

Postal Employees Within the Office of 

Inspector General Where Neither the 

Postal Service, the United States, Nor 

Any Other Federal Agency Is a Party 

§ 230.10 Demands for records or 

testimony. 

(a) Scope and applicability. (1) This 

section sets forth the Touhy regulations 

of the U.S. Postal Service Office of 

Inspector General. It applies to 

situations where an employee of the 

Office of Inspector General has been 

summoned, subpoenaed, or given a 

court order to produce documents or 

provide testimony in connection with 

any Federal, State, local court, 

administrative, or legislative 

proceeding. 

(2) This section does not apply to: 

(i) Proceedings where the United 

States, the Postal Service, or any other 

Federal agency is named as a party; 

(ii) Congressional requests or 

subpoenas for testimony or documents; 

or 

(iii) Appearances by employees in 

their private capacities in proceedings 

unrelated to their Postal Service 

employment. 

(3) This section should be read 

together with the Freedom of 

Information Act (FOIA), 5 U.S.C. 552a, 

which provides additional information 

about access to records. The provisions 

of this section do not affect rights and 

procedures governing public access to 

official documents pursuant to the 

FOIA. 

(4) This section does not create any 

right or benefit, substantive or 

procedural, enforceable by any party 

against the Office of Inspector General 

or the U.S. Postal Service. 

(b) General prohibition. (1) No 

employee may testify or produce 

documents concerning information 

acquired in the course of employment or 

as a result of his or her relationship with 

the Postal Service in any case or matter, 

unless authorized to do so by an 

authorizing official. 

(2) Without written authorization 

from the authorizing official, the 

employee must respectfully decline to 

produce documents, testify, or 

otherwise disclose the requested 

information. If the authorization is 

denied or not received by the return 

date, the employee (together with 

counsel, where appropriate) shall 

appear at the stated time and place, 

produce a copy of this section, and 

respectfully decline to testify or produce 

any document on the basis of the 

regulations in this section. 

(3) If an attempt is made to compel 

production of documents during the 

employee’s testimony, the employee is 

directed to decline to produce the item 

or information and to state that the 

material cannot be disclosed or 

produced without the approval of the 

authorizing official. 

(c) Procedure to request documents or 

testimony. (1) All demands seeking the 

production of nonpublic documents or 

employee testimony concerning matters 

relating to their official duties shall be 

made in writing and conform to the 

requirements outlined in paragraphs 

(c)(2) and (3) of this section. 

(2) The requesting party shall serve a 

summons or subpoena issued in 

accordance with the appropriate rules of 

procedure on the General Counsel to the 

Inspector General at the Office of 

Inspector General, 1735 North Lynn 

Street, Arlington, VA 22209–2020. 

(3) Together with a summons or 

subpoena served on the General 

Counsel, the requesting party shall 

include an affidavit or sworn 

declaration containing the following 

information: 

(i) The title of the case and the forum 

where it will be heard; 

(ii) The party’s interest in the case; 

(iii) The reasons for the demand; 

(iv) If testimony is sought, a detailed 

summary of the anticipated testimony; 

(v) If testimony is sought, a showing 

that Office of Inspector General records 

could not be provided and used in place 

of the requested testimony; 

(vi) The intended use of the 

documents or testimony; and 

(vii) An affirmative statement that the 

documents or testimony is necessary for 

defending or prosecuting the case at 

issue. 

(d) Evaluation of a demand for 

documents or testimony. (1) The 

authorizing official will consider the 

factors in paragraphs (d)(1)(i) through 

(viii) of this section when deciding 

whether to authorize testimony or the 

production of documents: 

(i) Statutory restrictions, as well as 

any legal objection, exemption, or 

privilege that may apply; 


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14540 Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations 

(ii) Relevant legal standards for 

disclosure of nonpublic information and 

documents; 

(iii) Office of Inspector General rules 

and regulations; 

(iv) The public interest; 

(v) Minimizing or preventing 

expenditures of Office of Inspector 

General time and resources solely for 

private purposes; 

(vi) Minimizing the appearance of 

improperly favoring one litigant over 

another; 

(vii) Minimizing the possibility that 

the public will misconstrue variances 

between personal opinions of Office of 

Inspector General employees and 

agency policy; and 

(viii) Preserving the integrity of the 

administrative process. 

(2) Where, on the basis of its 

investigation, the Office of Inspector 

General has requested or recommended 

that a State or local prosecuting 

authority pursue a criminal prosecution 

or has otherwise approved such a 

prosecution, that prosecuting authority 

will be deemed to have made a proper 

request for information to be used in 

connection with that prosecution. With 

respect to other criminal matters 

pursued in state or local courts, the 

consideration shall also be given to the 

additional factors in paragraphs (d)(2)(i) 

through (iv) of this section: 

(i) The seriousness of the violation or 

crime involved; 

(ii) The past history or criminal record 

of the violator or accused; 

(iii) The importance of the legal issues 

presented; and 

(iv) The relatedness of the crime to 

the Office of Inspector General’s 

mission. 

(3) The following records described in 

paragraphs (d)(2)(i) through (iii) of this 

section will not be released: 

(i) Records required to remain 

confidential by the Freedom of 

Information Act, the Privacy Act, this 

part, and part 262 of this chapter, 

(ii) Records containing information 

relating to an employee’s security or 

loyalty; and 

(iii) Original records. 

(4)(i) The following records and 

testimony may only be produced under 

the circumstances described in 

paragraphs (d)(4)(i)(A) through (C) of 

this section: 

(A) The Office of Inspector General 

Manual and other operating instructions 

issued to employees when specifically 

authorized after consultation with the 

General Counsel to the Inspector 

General; 

(B) Office of Inspector General 

criminal investigative reports when 

specifically authorized after consulting 

with the General Counsel to the 

Inspector General; and 

(C) Information relating to 

confidential investigative techniques, 

confidential sources of information, and 

information that must be keep 

confidential under the Inspector General 

Act, as amended, 5 U.S.C. app. 3. Where 

the authorizing official determines this 

information would otherwise be 

appropriate for release under this part, 

the Office of Inspector General may 

request an in camera review to 

determine the necessity for its release. 

(ii) The specific limitations on the 

production of certain categories of 

information set forth in paragraphs 

(d)(4)(i)(A) through (C) of this section do 

not require or imply that other 

documents or testimony will be 

authorized without limitation. 

(5) When authorizing testimony or the 

release of documents, the authorizing 

official will establish the extent of the 

Office of Inspector General’s response. 

(i) Permission to testify or to release 

documents in all cases will be limited 

to matters outlined in the affidavit or 

declaration described in paragraph (c)(3) 

of this section, or to such matters as 

deemed appropriate by the authorizing 

official. 

(ii) If the authorizing official allows 

the production of documents or 

testimony, arrangements shall be made 

for the taking of testimony or receipt of 

documents by the method least 

disruptive to the employee’s official 

duties. Testimony may, for example, be 

provided by affidavits, answers to 

interrogatories, written depositions, or 

depositions transcribed, recorded, or 

preserved by any other means allowable 

by law. 

(iii) The Inspector General, 

authorizing official, or a delegee may 

designate an employee other than the 

employee identified in the request to 

respond to a request for an appearance. 

(6) Upon the authorizing official’s 

issuance of a final determination not to 

authorize testimony or release records, 

the party making the request may 

consult or negotiate with the 

authorizing official to refine and limit 

the demand. 

(7) Notwithstanding the Office of 

Inspector General’s general commitment 

to offer all possible assistance to the 

courts, the disclosure of information 

falling within the scope of this part is 

a matter of discretion, resting with the 

authorizing official. If, in the opinion of 

the authorizing official requested 

documents should not be released or 

testimony should not be provided, that 

determination will be final. 

(e) Representation of an employee in 

any appearance. At the option of the 

authorizing official, an Office of 

Inspector General attorney may make an 

appearance on behalf of the Office of 

Inspector General and assist an 

employee whose appearance has been 

requested and authorized. The 

authorizing official may also request 

assistance from the U.S. Department of 

Justice. 

(f) Expert or opinion witness. Unless 

authorized by the authorizing official, 

an employee may not testify as an 

expert or opinion witness regarding any 

matter arising out of the employee’s 

duties or functions at the Office of 

Inspector General for any party other 

than the United States. A litigant must 

first obtain the permission of an 

authorizing official before designating 

an employee as an expert or opinion 

witness. 

(g) Costs and fees. (1) The Office of 

Inspector General is authorized to 

charge reasonable fees to parties 

demanding documents or information. 

Unless determined by 28 U.S.C. 1821 or 

other applicable statute, the costs of 

responding to a request for documents 

or testimony shall be borne by the 

requesting party. As determined by the 

Office of Inspector General, costs 

calculated to reimburse the Office for 

the cost of responding to a demand may 

include: 

(i) The costs of time expended by 

employees to process and respond to the 

demand; 

(ii) Attorney time for reviewing, 

responding to, or processing the 

demand and for legal work in 

connection with the demand; 

(iii) Expenses generated by equipment 

used to search for, produce, and copy 

the requested information; 

(iv) Expenses attendant upon an 

employee’s absence from his or her 

official duties in connection with the 

case or matter, including the employee’s 

salary and applicable overhead charges; 

(v) Travel costs of any employees who 

testify or are requested to testify and any 

agency attorney or other representative 

who travels in connection with a 

request for testimony, including lodging 

and per diem, assessed, as applicable, at 

the rates and in the manner specified in 

39 CFR 265.9; and 

(vi) Other costs of providing 

testimony, including the cost of 

transcripts. 

(2) At the discretion of the Office of 

Inspector General where appropriate, 

fees and costs may be estimated and 

collected before testimony is given. 

(h) Definitions. The following 

definitions apply to this section. 

Authorizing official means the 

Inspector General or an official 

designated by the Inspector General to 


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Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations 14541 

1RFP is not applicable to the Kansas City Area 

because the area is in attainment of all applicable 

ozone standards. 

authorize release of documents or 

employee testimony. 

Case or matter means any civil or 

criminal proceeding before a court of 

law, administrative board, hearing 

officer, or other body conducting a 

judicial or administrative proceeding. 

The term also includes proceedings in 

legislative bodies other than the 

Congress of the United States. 

Demand means any request, order, or 

subpoena for testimony or the 

production of documents. 

Document includes all information 

falling within the scope of the terms 

‘‘documents’’ and ‘‘electronically stored 

information’’ in Federal Rule of Civil 

Procedure 34(a) and any analogous rules 

applicable to the case or matter in 

which a demand is made. 

Employee includes all current and 

former employees of the Office of 

Inspector General (whether temporary 

or permanent, part-time or full-time), 

employees of the Postal Service 

assigned or detailed to the Office of 

Inspector General, student interns, 

student cooperatives, contractors, and 

employees of contractors who have or 

had access to Office of Inspector General 

information and records. 

Nonpublic means all documents or 

information not subject to mandatory 

public disclosure under 39 CFR 265.6(b) 

or that must be kept confidential under 

the Inspector General Act of 1978 as 

amended, 5 U.S.C. app. 3. 

Testify or testimony include in-person 

oral statements before any body 

conducting a judicial, administrative, or 

legislative proceeding, statements made 

in depositions, answers to 

interrogatories, declarations, affidavits, 

or other similar documents. 

Ruth Stevenson, 

Chief Counsel, Federal Compliance. 

[FR Doc. 2021–04210 Filed 3–16–21; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2020–0620; FRL–10021– 

40–Region 7] 

Air Plan Approval; Missouri; Removal 

of Control of Emissions From Solvent 

Cleanup Operations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a State Implementation Plan 

(SIP) revision submitted by the State of 

Missouri on January 15, 2019, and 

supplemented by letter on June 14, 

2019. Missouri requests that the EPA 

remove a rule related to control of 

emissions from the solvent cleanup 

operations in the Kansas City, Missouri 

area from its SIP. This removal does not 

have an adverse effect on air quality. 

The EPA’s approval of this rule revision 

is in accordance with the requirements 

of the Clean Air Act (CAA) and will 

ensure consistency between state and 

federally-approved rules. 

DATES: This final rule is effective on 

April 16, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R07–OAR–2020–0620. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https:// 

www.regulations.gov or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional information. 

FOR FURTHER INFORMATION CONTACT: 

William Stone, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7714; 

email address: stone.william@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. What is being addressed in this document? 

II. Have the requirements for approval of a 

SIP revision been met? 

III. What action is the EPA taking? 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. What is being addressed in this 

document? 

The EPA is approving the removal of 

10 Code of State Regulations (CSR) 10– 

2.215, Control of Emissions from 

Solvent Cleanup Operations, from the 

Missouri SIP. 

At the time that the rule was 

approved into the SIP, 10 CSR 10–2.215 

applied to any person in Clay, Jackson 

and Platte Counties in Missouri that 

performs or allows the performance of 

any cleaning operation involving the 

use of a volatile organic compound 

(VOC) solvent or solvent solution that 

emitted over 500 pounds per day of 

VOCs. According to the June 14, 2019 

letter from the Missouri Department of 

Natural Resources, available in the 

docket for this action, Missouri 

rescinded the rule because there are no 

sources subject to the rule, and the rule 

is no longer necessary for attainment 

and maintenance of the 1979, 1997, or 

2008 National Ambient Air Quality 

Standards (NAAQS) for Ozone. 

As explained in detail in the EPA’s 

proposed rule, Missouri has 

demonstrated that removal of 10 CSR 

10–2.215 will not interfere with 

attainment of the NAAQS, reasonable 

further progress 1 or any other 

applicable requirement of the CAA 

because there are no existing sources 

that are subject to the rule, and therefore 

removal of the rule will not cause VOC 

emissions to increase. 85 FR 82995, 

December 21, 2020. 

The EPA solicited comments on the 

proposed revision to Missouri’s SIP, and 

did not receive any comments. 

Therefore, the EPA is finalizing its 

proposal to remove 10 CSR 10–2.215 

from the SIP. 

II. Have the requirements for approval 

of a SIP revision been met? 

The State submission has met the 

public notice requirements for SIP 

submissions in accordance with 40 CFR 

51.102. The submission also satisfied 

the completeness criteria of 40 CFR part 

51, appendix V. The State provided 

public notice on this SIP revision from 

February 28, 2018, to April 5, 2018 and 

received five comments from the EPA 

that related to Missouri’s lack of an 

adequate demonstration that the rule 

could be removed from the SIP in 

accordance with section 110(l) of the 

CAA. Missouri’s June 14, 2019 letter 

addressed the EPA’s comments. In 

addition, the revision meets the 

substantive SIP requirements of the 

CAA, including section 110 and 

implementing regulations. 

III. What action is the EPA taking? 

The EPA is taking final action to 

approve Missouri’s request to remove 10 

CSR 2.215 from the SIP. 

IV. Incorporation by Reference 

In this document, the EPA is 

amending regulatory text that includes 

incorporation by reference. As described 

in the amendments to 40 CFR part 52 set 

forth below, the EPA is removing 

provisions of the EPA-Approved 

Missouri Regulation from the Missouri 


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