Federal Register / Vol. 82, No. 207 / Friday, October 27, 2017 / Rules and Regulations 49747 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act (PRA), 44 

U.S.C. 3501 et seq., nor does it require 

any special considerations under 

Executive Order 12898, entitled 

‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance exemption in this action, 

do not require the issuance of a 

proposed rule, the requirements of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.) do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or tribes. As a result, 

this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

EPA has determined that this action will 

not have a substantial direct effect on 

States or tribal governments, on the 

relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, EPA has determined that 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (UMRA) (2 U.S.C. 

1501 et seq.). 

This action does not involve any 

technical standards that would require 

EPA’s consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act 

(NTTAA) (15 U.S.C. 272 note). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: October 11, 2017. 

Richard P. Keigwin, Jr., 

Director, Office of Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Add § 180.1347 to subpart D to read 

as follows: 

§ 180.1347 Bacillus amyloliquefaciens 

strain F727; exemption from the 

requirement of a tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Bacillus amyloliquefaciens strain 

F727 in or on all food commodities 

when used in accordance with label 

directions and good agricultural 

practices. 

[FR Doc. 2017–23469 Filed 10–26–17; 8:45 am] 

BILLING CODE 6560–50–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

41 CFR Part 51–11 

RIN 3037–AA04 

Touhy Regulations 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Final rule. 

SUMMARY: The Committee for Purchase 

From People Who Are Blind or Severely 

Disabled (Committee) has revised 

procedures to respond to subpoenas or 

other official demands for information 

and testimony served upon itself or its 

employees. 

DATES: This rule is effective November 

27, 2017 

FOR FURTHER INFORMATION CONTACT: 

Timi Kenealy, (703) 603–2100, Email: 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Committee, operating as the U.S. 

AbilityOne Commission, administers 

the AbilityOne Program pursuant to the 

authority of 41 U.S.C. 8501. Through 

this program, employment opportunities 

are provided to people who are blind or 

severely disabled through the provisions 

of products and services to the Federal 

Government. 

Pursuant to 5 U.S.C. 301, the head of 

an Executive department or military 

department may prescribe regulations 

for the government of his department, 

the conduct of its employees, the 

distribution and performance of its 

business, and the custody, use, and 

preservation of its records, papers, and 

property. The part does not authorize 

withholding information from the 

public or limiting the availability of 

records to the public. 

The United States Supreme Court 

held in United States ex rel. Touhy v. 

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

head of a Federal agency may make the 

determination on his/her sole authority 

to produce documents and authorize 

employee’s testimony in response to a 

subpoena or other demand for 

information. 

This regulation governs the 

Committee’s procedures for authorizing 

or denying such demands. In addition to 

the updates for the Touhy case, the 

Committee made technical corrections 

to include changes to the mailing 

address and changed ‘‘JWOD’’ to 

‘‘AbilityOne’’ the operating name of the 

agency since 2010. Changes to this 

section of the CFR were last made in 

1994. On July 18, 2017, the Committee 

published a proposed rule outlining 

these changes on https://

www.federalregister.gov/. No comments 

were received and this rule is being 

finalized with no additional changes. 

Regulatory Analysis 

Executive Order 12866, Regulatory 

Planning and Review, and Executive 

Order 13563, Improving Regulation and 

Regulatory Review 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule benefits the public 

and the United States Government by 

providing clear procedures for members 

of the public and Government 

employees to follow when official 


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testimony or official documents, 

records, files or information are sought 

from the Committee or from Committee 

personnel in connection with legal 

proceedings. This rule has not been 

designated a significant regulatory 

action. 

Unfunded Mandates Reform Act 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(2 U.S.C. 1532) requires agencies to 

assess anticipated costs and benefits 

before issuing any rule whose mandates 

require spending in any 1 year of $100 

million in 1995 dollars, updated 

annually for inflation. In 2016, that 

threshold is approximately $146 

million. This rule will not mandate any 

requirements for State, local, or tribal 

governments, nor will it affect private 

sector costs. 

Public Law 96–354, Regulatory 

Flexibility Act 

The Committee certifies this proposed 

rule is not subject to the Regulatory 

Flexibility Act (5 U.S.C. Ch. 6) because 

it would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

This rule will provide clarity to U.S. 

Government personnel and outside 

counsel on the proper rules and 

procedures to serve process on U.S. 

Government officials in their official 

capacity and to obtain official U.S. 

Government testimony or documents for 

use in legal proceedings. Therefore, the 

Regulatory Flexibility Act, as amended, 

does not require the Committee to 

prepare a regulatory flexibility analysis. 

Executive Order 13132, Federalism 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a 

proposed rule (and subsequent final 

rule) that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

This rule will not have a substantial 

effect on the States; the relationship 

between the National Government and 

the States; or the distribution of power 

and responsibilities among the various 

levels of Government. 

Public Law 96–511, Paperwork 

Reduction Act 

It has been determined that this rule 

does not impose reporting or record 

keeping requirements under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). 

List of Subjects in 41 CFR Part 51–11 

Administrative practices and 

procedures, Courts, Disclosure, 

Exemptions, Government employees, 

Subpoenas, Records, Testimony. 

■ For the reasons set forth above, the 

Committee amends chapter 51 of title 41 

by adding part 51–11 to read as follows: 

PART 51–11—PRODUCTION OR 

DISCLOSURE IN FEDERAL AND 

STATE PROCEEDINGS 

Sec. 

51–11.1 Scope and purpose. 

51–11.2 Applicability. 

51–11.3 Definitions. 

51–11.4 General prohibition. 

51–11.5 Service of demand. 

51–11.6 Filing requirements for demand for 

documents or testimony. 

51–11.7 Factors the Committee will 

consider. 

51–11.8 Processing demands or requests. 

51–11.9 Final determination. 

51–11.10 Restrictions that apply to 

testimony. 

51–11.11 Restrictions that apply to released 

records. 

51–11.12 Procedure when a decision is not 

made prior to the time a response is 

required. 

51–11.13 Procedure in the event of an 

adverse ruling. 

51–11.14 Fees. 

51–11.15 Penalties. 

Authority: 41 U.S.C. 8503(d); 41 CFR Ch. 

51. 

§ 51–11.1 Scope and purpose. 

(a) This part sets forth policies and 

procedures of the Committee for 

Purchase From People Who Are Blind 

or Severely Disabled (Committee) 

regarding the testimony of current and 

former employees as witnesses and the 

production or disclosure of Committee 

documents or information: 

(1) In all Federal and State 

proceedings in which the United States 

is a party; and 

(2) In all Federal and State 

proceedings in which the United States 

is not a party, when a demand pursuant 

to a subpoena, order or request 

(collectively referred to in this part as a 

‘‘demand’’) of a court or other authority 

is issued for such material, testimony, or 

information. 

(b) The Committee intends these 

provisions to: 

(1) Promote economy and efficiency 

in its programs and operations; 

(2) Minimize the possibility of 

involving the Committee in 

controversial issues not related to its 

functions; 

(3) Prevent the misuse of the 

Committee’s employees as involuntary 

expert witnesses for private interests or 

as inappropriate expert witnesses as to 

the state of the law; 

(4) Maintain the Committee’s 

impartiality among private litigants 

where neither the Committee nor any 

other Federal entity is a named party; 

and 

(5) Protect sensitive, confidential 

information and the deliberative 

processes of the Committee. 

(c) In providing for these 

requirements, the Committee does not 

waive the sovereign immunity of the 

United States. 

(d) This part provides guidance for 

the internal operations of the 

Committee. The procedures specified in 

this part, or the failure of any 

Committee employee to follow the 

procedures specified in this part, are not 

intended to, do not, and may not be 

relied upon to create a right or benefit, 

substantive or procedural, enforceable at 

law by a party against the United States. 

§ 51–11.2 Applicability. 

This part applies to demands and 

requests to employees of the Committee 

in legal proceedings, for factual or 

expert testimony relating to official 

information or for production of official 

records or information. However, it does 

not apply to: 

(a) Demands for a current Committee 

employee to testify as to facts or events 

that are unrelated to his or her official 

duties or that are unrelated to the 

functions of the Committee; 

(b) Demands for a former Committee 

employee to testify as to matters in 

which the former employee was not 

directly or materially involved while at 

the Committee; 

(c) Requests for the release of nonexempt records under the Freedom of 

Information Act, 5 U.S.C. 552 (41 CFR 

part 51–8), or the Privacy Act, 5 U.S.C. 

552(a) (41 CFR part 51–9); and 

(d) Congressional or Government 

Accountability Office (GAO) demands 

and requests for testimony or records. 

§ 51–11.3 Definitions. 

As used in this part: 

Committee means the Committee for 

Purchase From People Who Are Blind 

or Severely Disabled. 

Committee employee or employee 

means: 

(1) Any current or former officer or 

employee of the Committee; 

(2) Any other individual hired 

through contractual agreement by or on 

behalf of the Committee or who has 

performed or is performing services 

under such an agreement for the 

Committee; and 

(3) Any individual who served or is 

serving in any consulting or advisory 


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capacity to the Committee, whether 

formal or informal. 

(4) Provided, that this definition does 

not include persons who are no longer 

employed by the Committee and who 

are retained or hired as expert witnesses 

or who agree to testify about general 

matters available to the public, or 

matters with which they had no specific 

involvement or responsibility during 

their employment with the Committee. 

Demand means a subpoena, request, 

or an order or other command of a court 

or other competent authority, for the 

production, disclosure, or release of 

records or information related to, for the 

appearance and testimony of a 

Committee employee that is issued in a 

legal proceeding. 

General Counsel means Committee 

General Counsel or Committee 

employee to whom the General Counsel 

has delegated authority to act under this 

part. 

Legal proceeding means any matter 

before a court of law, administrative 

board or tribunal, commission, 

administrative law judge, hearing 

officer, or other body that conducts a 

legal or administrative proceeding. 

Legal proceeding includes all phases of 

discovery, litigation and informal 

requests by attorneys or others involved 

in legal proceedings seeking interviews 

or the like. 

Records or official records and 

information mean all documents and 

materials, however stored, that is in the 

custody and control of the Committee, 

relating to information in the custody 

and control of the Committee, or 

acquired by a Committee employee in 

the performance of his or her official 

duties or because of his or her official 

status, while such individual was 

employed. 

Request means any informal request, 

by whatever method, for the production 

of records and information or for 

testimony which has not been ordered 

by a court or other competent authority. 

Testimony means any written or oral 

statements, including depositions, 

answers to interrogatories, affidavits, 

declarations, recorded interviews, and 

statements made by an individual in 

connection with a legal proceeding. 

§ 51–11.4 General prohibition. 

(a) In any Federal or State case or 

matter in which the United States is not 

a party, no employee or former 

employee of the Committee shall, in 

response to a demand, produce any 

record contained in the files of the 

Committee, or disclose any information 

relating to or based upon record 

contained in the files of the Department, 

or disclose any information or produce 

any record acquired as part of the 

performance of that person’s official 

duties or because of that person’s 

official status without prior written 

approval of the General Counsel in 

accordance with § 51–11.9. 

(1) Whenever a demand is made upon 

an employee or former employee as 

described in this paragraph (a), the 

employee shall immediately notify the 

General Counsel. The General Counsel 

shall follow procedures set forth in 

§ 51–11.8. 

(2) If oral testimony is sought by a 

demand in any case or matter in which 

the United States is not a party, an 

affidavit, or, if that is not feasible, a 

statement by the party seeking the 

testimony or by his attorney, setting 

forth a summary of the testimony sought 

and its relevance to the proceeding, 

must be furnished to the General 

Counsel. Any authorization for 

testimony by a present or former 

employee of the Committee shall be 

limited to the scope of the demand as 

summarized in such statement. 

(3) When information other than oral 

testimony is sought by a demand, the 

General Counsel shall request a 

summary of the information sought and 

its relevance to the proceeding. 

(b) In any Federal or State case or 

matter in which the United States is a 

party, the General Counsel is authorized 

to reveal and furnish to any person, 

including an actual or prospective 

witness, a grand jury, counsel, or a 

court, either during or preparatory to a 

proceeding, such testimony, and 

relevant unclassified material, 

documents, or information secured by 

the employee or former employee of the 

Committee, as the General Counsel shall 

deem necessary or desirable to the 

discharge of the attorney’s official 

duties: Provided, Such an attorney shall 

consider, with respect to any disclosure, 

the factors set forth in § 51–11.7. 

(1) If oral testimony is sought by a 

demand in a case or matter in which the 

United States is a party, an affidavit, or, 

if that is not feasible, a statement by the 

party seeking the testimony or by the 

party’s attorney setting forth a summary 

of the testimony sought must be 

furnished to the agency attorney 

handling the case or matter. 

(2) [Reserved] 

(c) In appropriate cases, the General 

Counsel shall notify the United States 

Department of Justice (DOJ) of the 

demand and coordinate with the DOJ to 

file any appropriate motions or other 

pleadings. 

§ 51–11.5 Service of demand. 

(a) Written demands directed to the 

Committee or requests for official 

records, information or testimony shall 

be served in accordance with the 

requirements of the Federal Rules of 

Civil or Criminal Procedure, or 

applicable State procedures, as 

appropriate. If the demand is served by 

U.S. mail, it should be addressed to the 

General Counsel, Committee for 

Purchase From People Who Are Blind 

or Severely Disabled, 1401 S. Clark 

Street, Suite 715, Arlington, VA 22202. 

The Committee’s acceptance of service 

of a demand shall not constitute an 

admission or waiver of any objection 

with respect to the propriety of 

jurisdiction, service of process, venue or 

any other defense in law or equity 

available under applicable law. 

(b) If any doubt exists, whether a 

demand relates to purely personal 

matters or arises out of the performance 

of official duties, copies of the demand 

may be delivered to the General Counsel 

for such determination. 

§ 51–11.6 Filing requirements for demands 

for documents or testimony. 

Compliance with the following 

requirements is required when issuing 

demands or requests for official records, 

information or testimony. 

(a) Requests must be in writing and 

must be submitted to the General 

Counsel. If a subpoena is served on the 

Committee or a Committee employee 

before submitting a written request and 

receiving a final determination, the 

Committee will object to the subpoena 

on grounds that it was not submitted in 

accordance with this part. 

(b) Written requests must contain the 

following information: 

(1) The caption of the legal 

proceeding, docket number, and name 

and address of the court or other 

authority involved; 

(2) A copy of the complaint or 

equivalent document setting forth the 

assertions in the case and any other 

pleading or document necessary to 

show the relevance of the information 

sought; 

(3) A detailed description of how the 

information sought is relevant to the 

issues in the legal proceeding, and a 

specific description of the substance of 

the testimony or records sought; 

(4) A statement as to how the need for 

the information outweighs the need to 

maintain any confidentiality of the 

information and outweighs the burden 

on the Committee to produce the 

records or provide testimony; 

(5) A statement indicating that the 

information sought is not available from 

another source, from other persons or 

entities, or from the testimony of 

someone other than a Committee 

employee, such as a retained expert; 


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(6) If testimony is requested, the 

intended use of the testimony, a general 

summary of the desired testimony, and 

a showing that no document could be 

provided and used in lieu of testimony; 

(7) A description of all prior 

decisions, orders, or pending motions in 

the case that bear upon the relevance of 

the requested records or testimony; 

(8) The name, address, and telephone 

number of counsel to each party in the 

case; and 

(9) An estimate of the amount of time 

that the requester and other parties will 

require with each Committee employee 

for time spent by the employee to 

prepare for testimony, in travel, and for 

attendance at the legal proceeding. 

(c) The Committee reserves the right 

to require additional information to 

complete any request where 

appropriate. 

(d) Requests should be submitted at 

least 45 calendar days before the date 

that records or testimony is required. 

Requests submitted in less than 45 

calendar days before records or 

testimony is required must be 

accompanied by a written explanation 

stating the reasons for the late request 

and the reasons for expedited 

processing. 

(e) Failure to cooperate in good faith 

to enable the General Counsel to make 

an informed decision may serve as the 

basis for a determination not to comply 

with the request. 

§ 51–11.7 Factors the Committee will 

consider. 

The General Counsel in his or her sole 

discretion, may grant an employee 

permission to testify on matters relating 

to official information, or produce 

official records and information, in 

response to an appropriate demand or 

request. Among the relevant factors that 

the General Counsel may consider in 

making this decision are whether: 

(a) The purposes of this part are met; 

(b) Allowing such testimony or 

production of records would be 

necessary to prevent a miscarriage of 

justice; 

(c) The Committee has an interest in 

the decision that may be rendered in the 

legal proceeding; 

(d) Allowing such testimony or 

production of records would assist or 

hinder the Committee in performing its 

statutory duties or use the Committee 

resources in a way that will interfere 

with the ability of the Committee 

employees to do their regular work; 

(e) Allowing such testimony or 

production of records would be in the 

best interest of the Committee or the 

United States; 

(f) The records or testimony can be 

obtained from other sources; 

(g) The demand or request is unduly 

burdensome or otherwise inappropriate 

under the applicable rules of discovery 

or the rules of procedure governing the 

case or matter in which the demand or 

request arose; 

(h) Disclosure would violate a statute, 

Executive order or regulation; 

(i) Disclosure would reveal 

confidential, sensitive, or privileged 

information, trade secrets or similar, 

confidential commercial or financial 

information, otherwise protected 

information, or would otherwise be 

inappropriate for release; 

(j) Disclosure would impede or 

interfere with an ongoing law 

enforcement investigation or 

proceedings, or compromise 

constitutional rights; 

(k) Disclosure would result in the 

Committee appearing to favor one 

private litigant over another private 

litigant; 

(l) Disclosure relates to documents 

that originate from another agency; 

(m) A substantial Government interest 

is implicated; 

(n) The demand or request is within 

the authority of the party making it; 

(o) The demand improperly seeks to 

compel a Committee employee to serve 

as an expert witness for a private 

interest; 

(p) The demand improperly seeks to 

compel a Committee employee to testify 

as to a matter of law; and/or 

(q) The demand or request is 

sufficiently specific to be answered. 

§ 51–11.8 Processing demands or 

requests. 

(a) After service of a demand or 

request, the General Counsel will review 

the demand or request and, in 

accordance with the provisions of this 

part, determine whether, or under what 

conditions, to authorize an employee to 

testify on matters relating to Committee 

records and/or produce records. 

(b) The Committee will process 

requests in the order in which they are 

received. Absent exigent or unusual 

circumstances, the Committee will 

respond within 45 calendar days from 

the date of receipt. The time for 

response will depend upon the scope of 

the request. 

(c) The General Counsel may grant a 

waiver of any procedure described by 

this part where a waiver is considered 

necessary to promote a significant 

interest of the Committee or the United 

States or for other good cause. 

§ 51–11.9 Final determination. 

The General Counsel makes the final 

determination on demands and requests 

for production of official records and 

information or testimony. All final 

determinations are within the sole 

discretion of the General Counsel. The 

General Counsel will notify the 

requester and the court or other 

authority of the final determination, the 

reasons for the grant or denial of the 

demand or request, and any conditions 

that the General Counsel may impose on 

the release of records or information, or 

on the testimony of a Committee 

employee. 

§ 51–11.10 Restrictions that apply to 

testimony. 

(a) Conditions or restrictions may be 

imposed on the testimony of the 

Committee employees including, for 

example, limiting the areas of testimony 

or requiring the requester and other 

parties to the legal proceeding to agree 

that they will seek to file the transcript 

of the testimony under seal and that it 

will be used or made available only in 

the particular legal proceeding for 

which testimony was requested. The 

General Counsel may also require a 

copy of the transcript or testimony be 

provided to the Committee at the 

requester’s expense. 

(b) The Committee may offer the 

employee’s written declaration in lieu of 

testimony. 

(c) If authorized to testify pursuant to 

this part, an employee may testify as to 

facts within his or her personal 

knowledge, but, unless specifically 

authorized to do so by the General 

Counsel, the employee shall not: 

(1) Disclose confidential or privileged 

information; 

(2) Testify as to any information 

outside the scope of the General 

Counsel’s authorization (see § 51–11.7); 

or 

(3) For a current Committee 

employee, testify as an expert or 

opinion witness with regard to any 

matter arising out of the employee’s 

official duties or the functions of the 

Committee unless testimony is being 

given on behalf of the United States 

whether or not the United States is a 

party. 

§ 51–11.11 Restrictions that apply to 

released records. 

(a) The General Counsel may impose 

conditions or restrictions on the release 

of official records and information, 

including the requirement that parties to 

the proceeding obtain a protective order 

or execute a confidentiality agreement 

to limit access and any further 

disclosure. The terms of the protective 

order or of a confidentiality agreement 

must be acceptable to the General 

Counsel. In cases where protective 

orders or confidentiality agreements 


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have already been executed, the 

Committee may condition the release of 

official records and information on an 

amendment to the existing protective 

order or confidentiality agreement. 

(b) If the General Counsel so 

determines, original Committee records 

may be presented for examination in 

response to a demand or request, but 

they are not to be presented as evidence 

or otherwise used in a manner by which 

they could lose their identity as official 

Committee records, and they are not to 

be marked or altered. In lieu of the 

original records, certified copies will be 

presented for evidentiary purposes. 

§ 51–11.12 Procedure when a decision is 

not made prior to the time a response is 

required. 

If a response to a demand or request 

is required before the General Counsel 

can make the determination previously 

referred to, the General Counsel when 

necessary, will provide the court or 

other competent authority with a copy 

of this part, inform the court or other 

competent authority that the demand or 

request is being reviewed, and seek a 

stay of the demand or request pending 

a final determination. 

§ 51–11.13 Procedure in the event of an 

adverse ruling. 

If the court or other competent 

authority fails to stay the demand, the 

employee upon whom the demand or 

request is made, unless otherwise 

advised by the General Counsel, will 

appear at the stated time and place, 

produce a copy of this part, state that 

the employee has not been authorized to 

provide the requested testimony or 

produce documents, and respectfully 

decline to comply with the demand, 

citing United States ex rel. Touhy v. 

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

response may be offered to a request, or 

to a demand, if permitted by the court 

or other competent authority. 

§ 51–11.14 Fees. 

(a) Generally. The General Counsel 

may condition the production of records 

or appearance for testimony upon 

advance payment of a reasonable 

estimate of the costs to the Committee. 

(b) Fees for records. Fees for 

producing records will include fees for 

searching, reviewing, and duplicating 

records, costs of attorney time spent in 

reviewing the demand or request, and 

expenses generated by materials and 

equipment used to search for, produce, 

and copy the responsive information. 

Costs for employee time will be 

calculated on the basis of the hourly pay 

of the employee (including all pay, 

allowance, and benefits). Fees for 

duplication will be the same as those 

charged by the Committee in its 

Freedom of Information Act regulations 

at 41 CFR part 51–8. 

(c) Witness fees. Fees for attendance 

by a witness will include fees, expenses, 

and allowances prescribed by the 

court’s rules. If no such fees are 

prescribed, witness fees will be 

determined based upon the rule of the 

Federal district court closest to the 

location where the witness will appear. 

Such fees will include cost of time spent 

by the witness to prepare for testimony, 

travel time and expenses, and for 

attendance in the legal proceeding. 

(d) Payment of fees. Witness fees for 

current Committee employees and any 

records certification fees shall be paid 

by check or money order presented to 

the Committee made payable to the 

United States Department of Treasury. 

Applicable fees for former Committee 

employees’ testimony must be paid 

directly to the former employee in 

accordance with 28 U.S.C. 1821 or other 

applicable statutes. 

(e) Certification (authentication) of 

copies of records. The Committee 

Records Manager may certify that 

records are true copies in order to 

facilitate their use as evidence. 

Certification requests require 45 

calendar days for processing and a fee 

of $15.00 for each document certified. 

(f) Waiver or reduction of fees. The 

General Counsel, in his or her sole 

discretion, may, upon a showing of 

reasonable cause, waive or reduce any 

fees in connection with the testimony, 

production, or certification of records. 

(g) De minimis fees. Fees will not be 

assessed if the total charge would be 

$10.00 or less. 

§ 51–11.15 Penalties. 

(a) An employee who discloses 

official records or information or gives 

testimony relating to official 

information, except as expressly 

authorized by the Committee, or as 

ordered by a Federal court after the 

Committee has had the opportunity to 

be heard, may face the penalties 

provided in 18 U.S.C. 641 and other 

applicable laws. Additionally, former 

Committee employees are subject to the 

restrictions and penalties of 18 U.S.C. 

207 and 216. 

(b) A current Committee employee 

who testifies or produces official 

records and information in violation of 

this part may be subject to disciplinary 

action. 

Patricia Briscoe, 

Deputy Director, Business Operations (Pricing 

and Information Management). 

[FR Doc. 2017–23388 Filed 10–26–17; 8:45 am] 

BILLING CODE 6353–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–HQ–ES–2015–0009; 

4500090023] 

RIN 1018–BA80 

Endangered and Threatened Wildlife 

and Plants; Removing Textual 

Descriptions of Critical Habitat 

Boundaries for Plants on the Hawaiian 

Islands 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are removing 

the textual descriptions of critical 

habitat boundaries from those 

designations for plants on the Hawaiian 

Islands of Kauai, Niihau, and Hawaii for 

which the maps have been determined 

to be sufficient to stand as the official 

delineation of critical habitat. For these 

entries, the boundaries of critical habitat 

as mapped or otherwise described will 

be the official delineation of the 

designation. The coordinates and/or 

plot points that we are removing from 

the Code of Federal Regulations will be 

available to the public at the lead field 

office of the Service responsible for the 

designation and online at the Federal 

eRulemaking Portal. This action does 

not increase, decrease, or otherwise 

change the boundaries of any critical 

habitat designation. We are taking this 

action in accordance with our May 1, 

2012, revision of the regulations related 

to publishing textual descriptions of 

critical habitat boundaries in the Code 

of Federal Regulations and as part of our 

response to Executive Order 13563 

(January 18, 2011) directing Federal 

agencies to review their existing 

regulations and then to modify or 

streamline them in accordance with 

what they learned. 

DATES: This rule is effective November 

27, 2017. 

ADDRESSES: This final rule is available 

online at the Federal eRulemaking 

Portal at http://www.regulations.gov. 

Supporting documentation used in the 

preparation of this rule will be available 

for public inspection, by appointment, 

during normal business hours at: U.S. 

Fish and Wildlife Service, Branch of 

Listing Policy and Support, MS: ES, 

5275 Leesburg Pike, Falls Church, VA 

22041–3803; telephone 703–358–2171; 

facsimile 703–358–1735. 

FOR FURTHER INFORMATION CONTACT: 

Carey Galst, U.S. Fish and Wildlife 


asabaliauskas on DSKBBXCHB2PROD with RULES