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

Issuing agencies

Abstract

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.

Full Text

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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Rules and Regulations]
[Pages 67201-67202]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21764]


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DEPARTMENT OF COMMERCE

15 CFR Part 15

[Docket No. 261015-0005]
RIN 0605-AA93


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

AGENCY: Department of Commerce (Department).

ACTION: Final rule; correcting amendment.

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SUMMARY: 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.

DATES: The rule is effective October 26, 2026.

FOR FURTHER INFORMATION CONTACT: Daniel Sweeney, Deputy General Counsel 
for Economic, Statistical, and Regulatory Affairs, Office of the 
General Counsel, at (240) 474-3619.

SUPPLEMENTARY INFORMATION: On October 19, 2026, the Department issues a 
final rule amending 15 CFR part 15 by removing and/or replacing 
language that is redundant, that references other authorities, or that 
provides only unnecessary elaboration (91 FR 65964). In that final 
rule, amendatory instruction 5 indicated, among other things, that the 
Department was amending the introductory text for Sec.  15.14(g) as 
well as the contents of Sec.  15.14(g)(2). However, the final rule did 
not make any such amendment for either. This action corrects that 
inaccurate amendatory instruction and does not make any further changes 
to part 15.

Regulatory Classifications

A. Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(B), the Department finds good cause to 
waive the prior notice and opportunity for public participation 
requirements of the Administrative Procedure Act for this action. The 
Department considers this action to be uncontroversial, and has 
determined that prior notice and opportunity for public participation 
is unnecessary, because this action only corrects an inaccurate 
amendatory instruction; this correction will ensure that the amendatory 
instructions properly reflect the amendments made by the rule. For the 
same reason, the Department has determined that delaying the 
effectiveness of this corrective action would be contrary to the public 
interest; this action will correct an omission and remove a potential 
source of confusion without introducing any new cost for the public. 
The Department therefore finds good cause to waive the public notice 
and comment period under 553(b)(B) and to waive the 30-day delay in 
effectiveness under 553(d).

B. Executive Orders 12866, 14192, and 13132

    This rule is not significant pursuant to Executive Order (E.O.) 
12866. This rule is an E.O. 14192 deregulatory action. This rule does 
not contain policies having federalism implications as the term is 
defined in E.O. 13132.

C. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public participation are not required to be given for this rule by 5 
U.S.C. 553(b)(B), the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, 
no regulatory flexibility analysis is required, and none has been 
prepared.

D. Paperwork Reduction Act

    This rule will not impose additional reporting or recordkeeping 
requirements under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, 
et seq.

List of Subjects in 15 CFR Part 15

    Administrative practice and procedure, Courts, Government 
employees.

    Dated: October 22, 2026.
Daniel Sweeney,
Deputy General Counsel for Economic, Statistical, and Regulatory 
Affairs.
    Accordingly, 15 CFR part 15 is corrected by making the following 
correcting amendments:

PART 15--LEGAL PROCEEDINGS

0
1. The authority citation for part 15 continues to read as follows:


[[Page 67202]]


    Authority:  5 U.S.C. 301; 15 U.S.C. 1501, 1512, 1513, 1515 and 
1518; Reorganization Plan No. 5 of 1950; 3 CFR, 1949-1953 Comp., p. 
1004; 44 U.S.C. 3101; subpart C is issued under 37 U.S.C. 101, 706; 
15 U.S.C. 1673; 42 U.S.C. 665.

Subpart B--Testimony by Employees and the Production of Documents 
in Legal Proceedings

0
2. Amend Sec.  15.14 by revising paragraphs (f)(1) and (g)(1) to read 
as follows:


Sec.  15.14  Demand for testimony or production of documents in matters 
in which the United States is not a party.

* * * * *
    (f) * * *
    (1) Decline to answer on the grounds that such testimony is 
prohibited; and
* * * * *
    (g) * * * (1) Current employees, with or without compensation, 
shall not provide expert or opinion testimony in any legal proceedings 
regarding Department information, subjects, or activities except on 
behalf of the United States or a party represented by the United States 
Department of Justice, unless they receive a prior authorization in 
writing from the General Counsel or appropriate agency counsel.
    (i) If, while testifying in any legal proceeding, an employee is 
asked for expert or opinion testimony regarding official information, 
subjects, or activities, which testimony has not been approved in 
advance in accordance with the regulations in this subpart, the witness 
shall:
    (A) Decline to answer on the grounds that such expert or opinion 
testimony is forbidden by the regulations in this subpart; and
    (B) Request an opportunity to consult with the General Counsel or 
appropriate agency counsel before giving such testimony.
    (C) [Reserved]
    (ii) If the body conducting the proceeding then orders the witness 
to provide expert or opinion testimony regarding official information, 
subjects, or activities without the opportunity to consult with either 
the General Counsel or appropriate agency counsel, the witness shall 
decline to comply with that order.
* * * * *
[FR Doc. 2026-21764 Filed 10-23-26; 8:45 am]
BILLING CODE 3510-17-P


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