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Federal Register / Vol. 86, No. 184 / Monday, September 27, 2021 / Proposed Rules ac.yul@aero.bombardier.com; internet https www.bombardier.com. You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 2062313195.
Issued on September 21, 2021.
Gaetano A. Sciortino, Deputy Director for Strategic Initiatives, Compliance & Airworthiness Division, Aircraft Certification Service.
FR Doc. 202120805 Filed 92421; 8:45 am BILLING CODE 491013P

DEPARTMENT OF COMMERCE
Office of the Secretary 15 CFR Part 15
Docket No. 2109150188
RIN 0605AA52

Department of Commerce Regulations on Procedures for Responding to Requests for Documents or Testimony for Use in Legal Proceedings Office of the Secretary, Commerce.
ACTION: Proposed rule; request for comments.
AGENCY:

This proposed rule would revise the Department of Commerces Commerce regulations, known as Touhy regulations, that set forth the procedures for responding to requests for documents or testimony for use in legal proceedings. The Department intends these revisions to provide greater clarity to entities seeking documents or testimony from current or former Department employees.
Specifically, these revisions would clarify, update, and streamline the language of several provisions, provide greater transparency regarding the factors that the agency will consider when reviewing such requests, and more directly address issues that frequently arise in requests for documents or testimony based on the facts of the request, such as whether the testimony requested is that of a former employee, whether the United States is a party to the underlying legal proceedings, or whether the testimony or documents are requested from the Office of the Inspector General.
DATES: Written comments must be received on or before October 27, 2021.
ADDRESSES: You may submit comments, identified by Regulatory Information Number RIN 0605AA52, by either of the following methods:

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Federal eRulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Email: ssharma@doc.gov. Include the RIN 0605AA52 in the subject line.
Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. Electronic comments may be submitted via www.regulations.gov prior to midnight eastern time on October 27, 2021. Comments may not be considered if they are sent by any other method, to any other address or individual, or received after the comment period ends at 11:59 p.m.
eastern time on the date of comment period closure. All comments received are a part of the public record and will generally be posted without change to http regulations.gov. For posted comments, all personal identifying information e.g., name, address, etc., confidential business information, or otherwise sensitive information submitted voluntarily by the sender is publicly accessible. Anonymous comments enter N/A in the required fields if you wish to remain anonymous will be accepted. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe portable document format PDF
only.
Submit written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in this proposed rule within 30 days of publication of this notice to www.reginfo.gov/public/
do/PRAMain. Find this particular information collection by selecting Currently under 30-day ReviewOpen for Public Comments or by using the search function.
FOR FURTHER INFORMATION CONTACT:
Sapna Sharma, General Litigation Division, Office of the General Counsel, U.S. Department of Commerce, 1401
Constitution Ave. NW, Rm. 5890, Washington, DC 20230; ssharma@
doc.gov.
SUPPLEMENTARY INFORMATION: This rulemaking proposes revisions to the Departments regulations promulgated pursuant to 5 U.S.C. 301. Sections 15
CFR 15.1115.18 set forth the procedures currently applicable to requests submitted to Commerce for the testimony of employees and the production of documents for use in legal proceedings to which the agency is not a party. These regulations are also known as Touhy regulations, in reference to the case in which the Supreme Court upheld the validity of such agency regulations promulgated pursuant to 5 U.S.C. 301. See United
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States ex rel. Touhy v. Ragen, 340 U.S.
462 1951.
These proposed revisions to the Departments regulations clarify the process by which demands for documents or testimony are to be made and considered. They also update and streamline the language of several provisions where past experiences suggest need for elucidation.
Additionally, the Department is revising these regulations to more directly address issues that arise frequently in requests for documents or testimony.
The Department intends these revisions to provide greater clarity to entities seeking documents or testimony from current or former Department employees. Following is a description of the revisions to specific provisions of the Touhy regulations.
Section 15.11Scope.
Paragraph a would be revised to more clearly set forth the scope and applicability of this subpart, and to state upfront that an employees compliance with any demand for information or testimony requires prior authorization by the appropriate legal officers. New paragraph c would be added to clarify that this subpart does not apply to proceedings in which the Department is a party. New paragraph d would be added to direct requests for documents or testimony from the United States Patent and Trademark Office USPTO
to the applicable USPTO Touhy regulations; all references to the USPTO
in the previous regulation would be deleted throughout the revised Subpart B. New paragraph e would combine previous paragraph c with previous section 15.17 to clarify that the Department will determine if other statutory authorities exist that address disclosure of the requested information before applying the procedures in this subpart.
Section 15.12Definitions.
Broadly, this section has been revised to provide additional detail in definitions and add definitions for new terms used in the proposed revisions.
Paragraph a has been revised to provide more detail in the definition of agency counsel. Paragraphs c and i define the Office of the Inspector General and its Counsel, reflecting the proposed addition of new section 15.17
to address requests that are made for documents or testimony from the Office of the Inspector General. Paragraphs b, dh, and jm have been revised to clarify language and provide greater detail.
Section 15.13Demand for testimony or production of documents:
Department procedures.

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