Streamlining the Regulations Governing Testimony by Employees and the Production of Documents in Legal Proceedings; Correction

DEEPER READ

This regulatory action is a technical correction only. The Commerce Department previously issued a final rule that streamlined its regulations on employee testimony and document production in legal proceedings, removing redundant language and unnecessary references. However, one of the amendatory instructions in that prior rule incorrectly stated that certain introductory text and a subparagraph were being amended, when in reality those portions were left unchanged. This correcting amendment fixes that clerical discrepancy in the amendatory instruction. It does not alter the substance of the regulations themselves, does not introduce new requirements, and does not remove any existing rights or obligations. The correction is essentially a housekeeping measure to ensure the regulatory record accurately reflects what was and was not changed in the prior rulemaking. The affected regulations govern how current and former Commerce Department employees respond to subpoenas or other legal demands for testimony and documents. These rules apply in civil and potentially criminal legal proceedings where a party seeks information from Commerce employees or its records. The practical effect of this correction on those employees or on litigants seeking Commerce documents is negligible, as no substantive policy change is involved. Because this is a correcting amendment with no substantive policy effect, it carries a very low national impact. It is relevant primarily to attorneys or parties involved in litigation who consult the Code of Federal Regulations for precise procedural guidance, ensuring the text of the regulations is consistent with what was actually enacted in the prior rule.

AS PUBLISHED

By this action, the Department makes a correcting amendment to its regulations governing testimony by its current and former employees and the production of its documents in legal proceedings. The Department previously amended those regulations via final rule by removing and/or replacing language that is redundant, that references other authorities, or that provides only unnecessary elaboration. One of the amendatory instructions set forth in that rule, however, indicated that certain introductory text and a certain subparagraph were being amended when, in fact, no such amendments were made to those portions. This action merely corrects that inaccurate amendatory instruction and does not make any further changes to the regulations.

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