46826 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

Issued in Renton, Washington, on July 31, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–18560 Filed 8–11–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 15 

[Docket No. FR–5206–P–01] 

RIN 2501–AD39 

Public Access to HUD Records Under 

the Freedom of Information Act (FOIA) 

and Production of Material or 

Provision of Testimony by HUD 

Employees: Revisions to Policies and 

Practices Regarding Subpoenas and 

Other Demands for Testimony 

AGENCY: Office of the Secretary, HUD. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

modify HUD’s policies and practices 

regarding responses to subpoenas and 

other demands for testimony of HUD 

employees, or for production of 

documents by HUD. This proposed rule 

would delegate authority to additional 

officials within HUD’s Office of General 

Counsel and would revise the criteria 

used to evaluate such demands. Finally, 

this rule would eliminate unnecessary 

provisions covering HUD’s response to 

demands in cases in which the United 

States is a party to the case in which 

testimony or documents are requested. 

DATES: Comment Due Date: October 14, 

2008. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposed rule to the Regulations 

Division, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Room 10276, Washington, DC 20410–

0500. Communications must refer to the 

above docket number and title. There 

are two methods for submitting public 

comments. All submissions must refer 

to the above docket number and title. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, 451 

Seventh Street, SW., Room 10276, 

Washington, DC 20410–0500. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

www.regulations.gov. HUD strongly 

encourages commenters to submit 

comments electronically. Electronic 

submission of comments allows the 

commenter maximum time to prepare 

and submit a comment, ensures timely 

receipt by HUD, and enables HUD to 

make them immediately available to the 

public. Comments submitted 

electronically through the 

www.regulations.gov Web site can be 

viewed by other commenters and 

interested members of the public. 

Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Note: To receive consideration as public 

comments, comments must be submitted 

through one of the two methods specified 

above. Again, all submissions must refer to 

the docket number and title of the rule. No 

Facsimile Comments. Facsimile (FAX) 

comments are not acceptable. 

Public Inspection of Public 

Comments. All comments and 

communications submitted to HUD will 

be available, without charge, for public 

inspection and copying between 8 a.m. 

and 5 p.m. weekdays at the above 

address. Due to security measures at the 

HUD Headquarters building, an advance 

appointment to review the public 

comments must be scheduled by calling 

the Regulations Division at 202–402–

3055 (this is not a toll-free number). 

Individuals with speech or hearing 

impairments may access this number 

via TTY by calling the Federal 

Information Relay Service at 1–800–

877–8339. Copies of all comments 

submitted are available for inspection 

and downloading at 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Christopher, Associate General 

Counsel for Litigation, Office of 

Litigation, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Room 10258, Washington, DC 20410–

0500; telephone number 202–708–0300 

(this is not a toll-free telephone 

number). Persons with hearing or 

speech impairments may access this 

number via TTY by calling the toll-free 

Federal Information Relay Service at 1–

800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

HUD’s regulations at 24 CFR part 15 

describe the policies and procedures 

governing public access to HUD records 

under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552) and the policies 

and procedures governing the 

production of material or provision of 

testimony by HUD employees. On 

February 26, 2007 (72 FR 8580), HUD 

published a final rule to clarify and 

explain the various types of requests for 

HUD documents and testimony by HUD 

employees that are intended to be 

covered by HUD’s document production 

and testimony approval regulations. The 

final rule revised subparts C and D to 

describe the procedures to be followed 

by a party in making a demand to HUD 

for documents or testimony, and to 

explain the standards followed by HUD 

in determining whether production or 

testimony should be permitted. A 

technical correction to the final rule was 

published on September 20, 2007 (72 FR 

53876). 

II. This Proposed Rule—Proposed 

Amendments to Part 15 

After implementing the revised 

procedures for consideration of 

demands for documents or testimony, 

HUD has determined that additional 

changes are necessary to ensure the 

careful and efficient processing of all 

such demands. The revisions proposed 

to be made to HUD’s regulations at 24 

CFR part 15 are as follows: 

Terminology 

This proposed rule would amend 

§ 15.2 to add, in alphabetical order, the 

terms ‘‘Appropriate Associate General 

Counsel,’’ ‘‘Appropriate Regional 

Counsel,’’ and ‘‘Authorized Approving 

Official’’ to the list of definitions. 

Technical Changes 

This proposed rule would correct 

outdated references to Web sites in 

§§ 15.102(b) and 15.103(c). This 

proposed rule would also make 

technical changes to Appendix A of part 

15 by directing the public to HUD’s Web 

site to update the location information 

of HUD FOIA Reading Rooms and by 

providing the public with the contact 

information of HUD’s Regional Counsel. 

Purpose and Scope 

This proposed rule would amend 

§ 15.201 by providing guidance to 

persons engaged in private litigation, to 

which the United States is not a party, 

on the procedures to be followed when 

making a demand for documents or 

testimony on HUD. This proposed rule 

would provide that HUD’s regulations 

in subpart C do not create any 

affirmative right or benefit, substantive 

or procedural, that would be enforceable 

against HUD. 

Production of Material or Provision of 

Testimony in Response to Demands in 

Legal Proceedings Among Private 

Litigants 

This proposed rule would amend 

§§ 15.202 through 15.206 by outlining 


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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46827 

the procedures for making a demand for 

production of material or provision of 

testimony to HUD, and by delegating 

authority to officials at the Associate 

General Counsel, Regional Counsel, and 

Authorized Approving Official level to 

consider and approve demands for 

testimony or for documents. These 

officials are in the best position to 

evaluate the demands for testimony or 

documents and have previously been 

authorized to consider such demands 

through a delegation of authority. 

Additionally, this proposed rule would 

modify the criteria used to consider 

demands in order to allow for more 

efficient processing of these demands 

and to ensure that all legally cognizable 

objections to the release of the 

information are considered. 

Production of Material or Provision of 

Testimony in Response to Demands in 

Legal Proceedings in Which the United 

States Is a Party 

This proposed rule would amend 

§§ 15.302 through 15.304, and add a 

new § 15.305, to address the production 

of material or provision of testimony in 

response to demands in legal 

proceedings in which the United States 

is a party. The proposed rule would 

prohibit the production of material or 

testimony, unless the prior approval of 

the attorney representing the United 

States has been obtained. The proposed 

rule would require the employee to 

immediately notify the Appropriate 

Associate General Counsel or 

Appropriate Regional Counsel of the 

demand, and consideration of such 

demands would be within the purview 

of the attorney representing the United 

States. Finally, the proposed rule would 

permit the Department to respond to 

authorized productions of material or 

testimony by producing authenticated 

copies of the documents, which shall 

serve to conform to the Federal Rules of 

Civil Procedure. 

III. Findings and Certifications 

Paperwork Reduction Act 

The proposed information collection 

requirements contained in this rule have 

been submitted to the Office of 

Management and Budget (OMB) for 

review under the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501–3520). 

Under this Act, an agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information, unless the collection 

displays a valid control number. 

The public reporting burden for this 

collection of information is estimated to 

include the time for reviewing the 

instructions, for gathering and preparing 

the information required to be included 

in demands, and for completing and 

reviewing the information to be 

provided. 

The following table provides 

information on the estimated public 

reporting burden: 

Information collection Number of 

respondents 

Responses 

per 

respondent 

Total annual 

responses 

Hours per 

response 

Total 

hours 

§§ 15.203 .............................................................................. 106 1 106 1.5 159 

In accordance with 5 CFR 

1320.8(d)(1), HUD is soliciting 

comments from members of the public 

and affected agencies concerning the 

proposed collection of information to: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated collection 

techniques or other forms of information 

technology (e.g., permitting responses to 

be submitted electronically). 

Interested persons are invited to 

submit comments regarding the 

information collection requirements in 

this proposal. Comments must refer to 

the proposal by the proposal’s name and 

docket number (FR–5206-P–01) and 

must be sent to: 

HUD Desk Officer, Office of 

Management and Budget, New 

Executive Office Building, 

Washington, DC 20503; and 

Regulations Division, Office of 

Legislation and Regulations, Office of 

General Counsel, Department of 

Housing and Urban Development, 

451 Seventh Street, SW., Room 10276, 

Washington, DC 20410–0500. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and subject to comment 

rulemaking requirements, unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

The regulatory amendments that would 

be made by this proposed rule are 

procedural and serve to advise on the 

process and procedures engaged in by 

the Department when producing 

material or providing testimony in 

response to demands in legal 

proceedings. 

Accordingly, the undersigned certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Notwithstanding HUD’s determination 

that this rule will not have a significant 

effect on a substantial number of small 

entities, HUD specifically invites 

comments regarding any less 

burdensome alternatives to this rule that 

will meet HUD’s objectives as described 

in the preamble to this rule. 

Environmental Impact 

This proposed rule does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern or regulate, real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this proposed 

rule is categorically excluded from the 

requirements of the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.). 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either imposes 

substantial direct compliance costs on 

state and local governments and is not 

required by statute, or the rule preempts 

state law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

proposed rule does not have federalism 

implications and does not impose 

substantial direct compliance costs on 

state and local governments or preempt 


yshivers on PROD1PC62 with PROPOSALS
46828 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

state law within the meaning of the 

Executive Order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531–

1538) (UMRA) establishes requirements 

for federal agencies to assess the effects 

of their regulatory actions on state, 

local, and tribal governments, and on 

the private sector. This proposed rule 

does not impose any federal mandates 

on any state, local, or tribal government, 

or on the private sector, within the 

meaning of UMRA. 

List of Subjects in 24 CFR Part 15 

Classified information, Courts, 

Freedom of information, Government 

employees, Reporting and 

recordkeeping requirements. 

Accordingly, for the reasons 

discussed in the preamble, HUD 

proposes to amend 24 CFR part 15 to 

read as follows: 

PART 15—PUBLIC ACCESS TO HUD 

RECORDS UNDER THE FREEDOM OF 

INFORMATION ACT AND TESTIMONY 

AND PRODUCTION OF INFORMATION 

BY HUD EMPLOYEES 

1. The authority citation for part 15 

continues to read as follows: 

Authority: 42 U.S.C. 3535(d). 

Subpart A also issued under 5 U.S.C. 552. 

Section 15.107 also issued under E.O. 

12958, 60 FR 19825, 3 CFR Comp., p. 333. 

Subparts C and D also issued under 5 

U.S.C. 301. 

2. Amend § 15.2(b) to add, in 

alphabetical order, definitions of the 

terms ‘‘Appropriate Associate General 

Counsel,’’ ‘‘Appropriate Regional 

Counsel,’’ and ‘‘Authorized Approving 

Official,’’ to read as follows: 

§ 15.2 Definitions. 

* * * * * 

(b) * * * 

Appropriate Associate General 

Counsel means the Associate General 

Counsel for Litigation or the Associate 

General Counsel for HUD Headquarters 

employees in those programs for which 

the Associate provides legal advice. 

Appropriate Regional Counsel means 

the Regional Counsel for the Regional 

Office having delegated authority over 

the project or activity with respect to 

which the information is sought. For 

assistance in identifying the 

Appropriate Regional Counsel, see 

Appendix A to this part. 

Authorized Approving Official means 

the Secretary, General Counsel, 

Appropriate Associate General Counsel, 

or Appropriate Regional Counsel. 

* * * * * 

3. In § 15.102(b), remove the reference 

to http://www.hud.gov/ogc/ 

bshelf2a.html and, in its place, add a 

reference to http://www.hud.gov. 

4. In § 15.103(c), remove the reference 

to http://www.hud.gov/ogc/foiafree.html 

and, in its place, add a reference to 

http://www.hud.gov. 

5. Add § 15.201(c) to read as follows: 

§ 15.201 Purpose and scope. 

* * * * * 

(c) This subpart also provides 

guidance to persons engaged in private 

litigation, to which the United States is 

not a party, on the procedures to be 

followed when making a demand for 

documents or testimony on the 

Department of Housing and Urban 

Development. This subpart does not, 

and may not be relied upon to, create 

any affirmative right or benefit, 

substantive or procedural, enforceable 

against HUD. 

6. Revise § 15.202 to read as follows: 

§ 15.202 Production of material or 

provision of testimony prohibited unless 

approved. 

Neither the Department nor any 

employee of the Department shall 

comply with any demand for 

production of material or provision of 

testimony in a legal proceeding among 

private litigants, unless the prior 

approval of the Authorized Approving 

Official has been obtained in accordance 

with this subpart. This rule does not 

apply to any legal proceeding in which 

an employee may be called to 

participate, either through the 

production of documents or the 

provision of testimony, not on official 

time, as to facts or opinions that are in 

no way related to material described in 

§ 15.201. 

7. Revise § 15.203 to read as follows: 

§ 15.203 Making a demand for production 

of material or provision of testimony. 

(a) Any demand made to the 

Department or an employee of the 

Department to produce any material or 

provide any testimony in a legal 

proceeding among private litigants 

must: 

(1) Be submitted in writing to the 

Department or employee of the 

Department, with a copy to the 

Appropriate Associate General Counsel 

or Appropriate Regional Counsel, no 

later than 30 days before the date the 

material or testimony is required; 

(2) State, with particularity, the 

material or testimony sought; 

(3) If testimony is requested, state: 

(i) The intended use of the testimony, 

and 

(ii) Whether expert or opinion 

testimony will be sought from the 

employee; 

(4) State whether the production of 

such material or provision of such 

testimony could reveal classified, 

confidential, or privileged material; 

(5) Summarize the need for and 

relevance of the material or testimony 

sought in the legal proceeding and 

include a copy of the complaint, if 

available; 

(6) State whether the material or 

testimony is available from any other 

source and, if so, state all such other 

sources; 

(7) State why no document[s], or 

declaration[s] or affidavit[s], could be 

used in lieu of oral testimony that is 

being sought; 

(8) Estimate the amount of time the 

employee will need in order to prepare 

for, travel to, and attend the legal 

proceeding, as appropriate; 

(9) State why the production of the 

material or provision of the testimony is 

appropriate under the rules of 

procedure governing the legal 

proceeding for which it is sought (e.g., 

not be unduly burdensome or otherwise 

inappropriate under the relevant rules 

governing discovery); and 

(10) Describe how producing such 

material or providing such testimony 

would affect the interests of the United 

States. 

(b) If the Department determines that 

the requestor has failed to provide the 

information required by paragraph (a) of 

this section, or that the information 

provided is insufficient to consider the 

demand in accordance with § 15.204, 

the Department may require that 

additional information be provided by 

the requestor before the demand is 

considered. 

(c) Whenever a demand is made upon 

the Department or an employee of the 

Department for the production of 

material or provision of testimony, the 

employee shall immediately notify the 

Appropriate Associate General Counsel 

or Appropriate Regional Counsel. 

8. Revise § 15.204 to read as follows: 

§ 15.204 Consideration of demands for 

production of material or provision of 

testimony. 

(a) The Authorized Approving Official 

shall determine what material is to be 

produced or what testimony is to be 

provided, based upon the following 

standards: 

(1) Expert or opinion material or 

testimony. In any legal proceeding 

among private litigants, no employee of 

the Department may produce material or 

provide testimony as described in 

§ 15.201(a) that is of an expert or 


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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 46829 

opinion nature, unless specifically 

authorized by the Authorized 

Approving Official for good cause 

shown. 

(2) Factual material or testimony. In 

any legal proceeding among private 

litigants, no employee of the 

Department may produce material or 

provide testimony as described in 

§ 15.201(a) that is of a factual nature, 

unless specifically authorized by the 

Authorized Approving Official. The 

Authorized Approving Official shall 

determine whether any of the following 

factors are applicable. Such a demand 

may either be denied, or conditionally 

granted in accordance with § 15.204(c), 

if any such factors are applicable: 

(i) Producing such material or 

providing such testimony would violate 

a statute or regulation; 

(ii) Producing such material or 

providing such testimony would reveal 

classified, confidential, or privileged 

material; 

(iii) Such material or testimony would 

be irrelevant to the legal proceeding; 

(iv) Such material or testimony could 

be obtained from any other source; 

(v) One or more documents, or a 

declaration or affidavit, could 

reasonably be provided in lieu of oral 

testimony; 

(vi) The amount of employees’ time 

necessary to comply with the demand 

would be unreasonable; 

(vii) Production of the material or 

provision of the testimony would not be 

required under the rules of procedure 

governing the legal proceeding for 

which it is sought (e.g., unduly 

burdensome or otherwise inappropriate 

under the relevant rules governing 

discovery); 

(viii) Producing such material or 

providing such testimony would 

impede a significant interest of the 

United States; or 

(ix) The Department has any other 

legally cognizable objection to the 

release of such information or testimony 

in response to a demand. 

(b) Once a determination has been 

made, the requester will be notified of 

the determination. If the demand is 

denied, the requestor shall be notified of 

the reasons for the denial. If the demand 

is conditionally approved, the requestor 

shall be notified of the conditions that 

have been imposed upon the production 

of the material or provision of the 

testimony demanded, and the reasons 

for the conditional approval of the 

demand. 

(c) The Authorized Approving Official 

may impose conditions or restrictions 

on the production of any material or 

provision of any testimony. Such 

conditions or restrictions may include 

the following: 

(1) A requirement that the parties to 

the legal proceeding obtain a protective 

order or execute a confidentiality 

agreement to limit access to, and limit 

any further disclosure of, material or 

testimony; 

(2) A requirement that the requester 

accept examination of documentary 

material on HUD premises in lieu of 

production of copies; 

(3) A limitation on the subject areas 

of testimony permitted; 

(4) A requirement that testimony of a 

HUD employee be provided by 

deposition at a location prescribed by 

HUD or by written declaration; 

(5) A requirement that the parties to 

the legal proceeding agree that a 

transcript of the permitted testimony be 

kept under seal or will only be used or 

only made available in the particular 

legal proceeding for which testimony 

was demanded; 

(6) A requirement that the requester 

purchase an extra copy of the transcript 

of the employee’s testimony from the 

court reporter and provide the 

Department with a copy at the 

requester’s expense; or 

(7) Any other condition or restriction 

deemed to be in the best interests of the 

United States, including reimbursement 

of costs to the Department. 

(d) The determination made with 

respect to the production of material or 

provision of testimony pursuant to this 

subpart is within the sole discretion of 

the Authorized Approving Official and 

shall constitute final agency action from 

which no administrative appeal is 

available. 

9. Revise § 15.205 to read as follows: 

§ 15.205 Method of production of material 

or provision of testimony. 

(a) Where the Authorized Approving 

Official has authorized the production 

of material or provision of testimony, 

the Department shall produce such 

material or provide such testimony in 

accordance with this section and any 

conditions imposed upon production of 

material or provision of testimony 

pursuant to § 15.204(c). 

(b) In any legal proceeding where the 

Authorized Approving Official has 

authorized the production of 

documents, the Department shall 

respond by producing authenticated 

copies of the documents, to which the 

seal of the Department has been affixed, 

in accordance with its authentication 

procedures. The authentication shall be 

evidence that the documents are true 

copies of documents in the 

Department’s files and shall be 

sufficient for the purposes of Rules 

803(8) and 902 of the Federal Rules of 

Evidence and Rule 44(a)(1) of the 

Federal Rules of Civil Procedure. 

(c) If response to a demand is required 

before the determination from the 

Authorized Approving Official is 

received, the U.S. Attorney, Department 

of Justice Attorney, or such other 

attorney as may be designated for the 

purpose will appear or make such 

filings as are necessary to furnish the 

court or other authority with a copy of 

the regulations contained in this subpart 

and will inform the court or other 

authority that the demand has been, or 

is being, as the case may be, referred for 

prompt consideration. The court or 

other authority shall be requested 

respectfully to stay the demand pending 

receipt of the requested determination 

from the Authorized Approving Official. 

10. Revise § 15.206 to read as follows: 

§ 15.206 Procedure in the event of an 

adverse ruling regarding production of 

material or provision of testimony. 

If the court or other authority declines 

to stay the demand made in accordance 

with § 15.205(c) pending receipt of the 

determination from the Authorized 

Approving Official, or if the court or 

other authority rules that the demand 

must be complied with irrespective of 

the determination by the Authorized 

Approving Official not to produce the 

material or provide the testimony 

demanded or to produce subject to 

conditions or restrictions, the employee 

upon whom the demand has been made 

shall, if so directed by an attorney 

representing the Department, 

respectfully decline to comply with the 

demand. (United States ex rel. Touhy v. 

Ragen, 340 U.S. 462 (1951)). 

11. Revise § 15.302 to read as follows: 

§ 15.302 Production of material or 

provision of testimony prohibited unless 

approved. 

Neither the Department nor any 

employee of the Department shall 

comply with any demand for 

production of material or provision of 

testimony in a legal proceeding in 

which the United States is a party, 

unless the prior approval of the attorney 

representing the United States has been 

obtained in accordance with this 

subpart. This rule does not apply to any 

legal proceeding in which an employee 

may be called to participate, either 

through the production of documents or 

the provision of testimony, not on 

official time, as to facts or opinions that 

are in no way related to material 

described in § 15.301. 

12. Revise § 15.303 to read as follows: 


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46830 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Proposed Rules 

§ 15.303 Procedure for review of demands 

for production of material or provision of 

testimony in any legal proceeding in which 

the United States is a party. 

Whenever a demand is made upon the 

Department or an employee of the 

Department for the production of 

material or provision of testimony, the 

employee shall immediately notify the 

Appropriate Associate General Counsel 

or Appropriate Regional Counsel. 

13. Revise § 15.304 to read as follows: 

§ 15.304 Consideration of demands for 

production of material or provision of 

testimony. 

Consideration of demands shall be 

within the province of the attorney 

representing the United States, who may 

raise any valid objection to the 

production of material or provision of 

testimony in response to the demand. 

14. Add § 15.305 to read as follows: 

§ 15.305 Method of production of material 

or provision of testimony. 

If the production of material or 

provision of testimony has been 

authorized, the Department may 

respond by producing authenticated 

copies of the documents, to which the 

seal of the Department has been affixed 

in accordance with its authentication 

procedures. The authentication shall be 

evidence that the documents are true 

copies of documents in the 

Department’s files and shall be 

sufficient for the purposes of Rules 

803(8) and 902 of the Federal Rules of 

Evidence and Rule 44(a)(1) of the 

Federal Rules of Civil Procedure. 

15. Revise appendix A to read as 

follows: 

Appendix A to Part 15—Location 

Information for HUD FOIA Reading 

Rooms and Contact Information for 

Regional Counsel 

The Department maintains a reading room 

in Headquarters and in each of the 

Secretary’s Representative’s Offices. In 

addition, each of the Secretary’s 

Representative’s Offices has a Regional 

Counsel. The location and contact 

information for the HUD FOIA Reading 

Rooms and for the Regional Counsel can be 

found in HUD’s Local Office Directory 

through HUD’s Internet site at http:// 

www.hud.gov. 

Dated: July 14, 2008. 

Roy A. Bernardi, 

Deputy Secretary. 

[FR Doc. E8–18282 Filed 8–11–08; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Notice No. 89; Docket No. TTB–2008–0008] 

RIN 1513–AB52 

Proposed Establishment of the Happy 

Canyon of Santa Barbara Viticultural 

Area (2007R–311P) 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Alcohol and Tobacco Tax 

and Trade Bureau proposes to establish 

the 23,941-acre ‘‘Happy Canyon of Santa 

Barbara’’ American viticultural area in 

Santa Barbara County, California. This 

area lies within the larger Santa Ynez 

Valley viticultural area and the 

multicounty Central Coast viticultural 

area. We designate viticultural areas to 

allow vintners to better describe the 

origin of their wines and to allow 

consumers to better identify wines they 

may purchase. We invite comments on 

this proposed addition to our 

regulations. 

DATES: We must receive written 

comments on or before October 14, 

2008. 

ADDRESSES: You may send comments on 

this notice to one of the following 

addresses: 

• http://www.regulations.gov (via the 

online comment form for this notice as 

posted within Docket No. TTB–2008–

0008 at ‘‘Regulations.gov,’’ the Federal 

e-rulemaking portal); or 

• Director, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, P.O. Box 14412, 

Washington, DC 20044–4412. 

See the Public Participation section of 

this notice for specific instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

You may view copies of this notice, 

selected supporting materials, and any 

comments we receive about this 

proposal at http://www.regulations.gov 

within Docket No. TTB–2008–0008. A 

link to that docket is posted on the TTB 

Web site at http://www.ttb.gov/wine/ 

wine_rulemaking.shtml under Notice 

No. 89. You also may view copies of this 

notice, all related petitions, maps and 

other supporting materials, and any 

comments we receive about this 

proposal by appointment at the TTB 

Information Resource Center, 1310 G 

Street, NW., Washington, DC 20220. 

Please call 202–927–2400 to make an 

appointment. 

FOR FURTHER INFORMATION CONTACT: N.A. 

Sutton, Regulations and Rulings 

Division, Alcohol and Tobacco Tax and 

Trade Bureau, 925 Lakeville St., No. 

158, Petaluma, CA 94952; telephone 

415–271–1254. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

requires that these regulations, among 

other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the regulations 

promulgated under the FAA Act. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as 

a delimited grape-growing region 

distinguishable by geographical 

features, the boundaries of which have 

been recognized and defined in part 9 

of the regulations. These designations 

allow vintners and consumers to 

attribute a given quality, reputation, or 

other characteristic of a wine made from 

grapes grown in an area to its 

geographic origin. The establishment of 

viticultural areas allows vintners to 

describe more accurately the origin of 

their wines to consumers and helps 

consumers to identify wines they may 

purchase. Establishment of a viticultural 

area is neither an approval nor an 

endorsement by TTB of the wine 

produced in that area. 

Requirements 

Section 4.25(e)(2) of the TTB 

regulations outlines the procedure for 

proposing an American viticultural area 

and provides that any interested party 

may petition TTB to establish a grapegrowing region as a viticultural area. 


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