Federal Register - March 17, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 50 / Wednesday, March 17, 2021 / Rules and Regulations For the reasons stated in the preamble, the Postal Service amends 39
CFR part 230 as follows:
Subpart GPenalties 597.701
Amended
47. In 597.701, in paragraph b3, remove $81,283 and add in its place $82,244.
PART 598FOREIGN NARCOTICS
KINGPIN SANCTIONS REGULATIONS
48. The authority citation for part 598
is revised to read as follows:
Authority: 3 U.S.C. 301; 21 U.S.C. 1901
1908; 31 U.S.C. 321b; Pub. L. 101410, 104
Stat. 890, as amended 28 U.S.C. 2461 note.
Subpart GPenalties 598.701
Amended
49. In 598.701, in paragraph a4, remove $1,529,991 and add in its place $1,548,075.
FR Doc. 202105506 Filed 31621; 8:45 am BILLING CODE 4810ALP
POSTAL SERVICE
39 CFR Part 230
Rules Governing Compliance With Subpoenas, Summonses, and Court Orders for the Office of Inspector General Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is amending the Code of Federal Regulations to state rules that govern compliance with subpoenas, summonses, and court orders served on employees of the Office of Inspector General where neither the Postal Service, the United States, nor any other Federal agency is a party.
DATES: Effective March 17, 2021.
FOR FURTHER INFORMATION CONTACT:
Matthew C. Glover, Director, Legal Services, Office of Inspector General, at 703 2484584.
SUPPLEMENTARY INFORMATION: On October 3, 2003, the Postal Service published rules governing compliance with subpoenas, summonses, and court orders served on employees of the Office of Inspector General.
Those rules appear in subpart B of part 230. This publication amends and updates the existing rules.
jbell on DSKJLSW7X2PROD with RULES
List of Subjects in 39 CFR Part 230
Administrative practice and procedure.
VerDate Sep<11>2014
15:45 Mar 16, 2021
Jkt 253001
1. The authority citation for part 230
continues to read as follows:
Authority: 5 U.S.C. app. 3; 39 U.S.C. 4012
and 1001.
2. Revise subpart B to read as follows:
Subpart BRules Governing Compliance With Subpoenas, Summonses, and Court Orders by Postal Employees Within the Office of Inspector General Where Neither the Postal Service, the United States, Nor Any Other Federal Agency Is a Party 230.10 Demands for records or testimony.
Dated: March 12, 2021.
Bradley T. Smith, Acting Director, Office of Foreign Assets Control.
SUMMARY:
PART 230OFFICE OF INSPECTOR
GENERAL
a Scope and applicability. 1 This section sets forth the Touhy regulations of the U.S. Postal Service Office of Inspector General. It applies to situations where an employee of the Office of Inspector General has been summoned, subpoenaed, or given a court order to produce documents or provide testimony in connection with any Federal, State, local court, administrative, or legislative proceeding.
2 This section does not apply to:
i Proceedings where the United States, the Postal Service, or any other Federal agency is named as a party;
ii Congressional requests or subpoenas for testimony or documents;
or iii Appearances by employees in their private capacities in proceedings unrelated to their Postal Service employment.
3 This section should be read together with the Freedom of Information Act FOIA, 5 U.S.C. 552a, which provides additional information about access to records. The provisions of this section do not affect rights and procedures governing public access to official documents pursuant to the FOIA.
4 This section does not create any right or benefit, substantive or procedural, enforceable by any party against the Office of Inspector General or the U.S. Postal Service.
b General prohibition. 1 No employee may testify or produce documents concerning information acquired in the course of employment or as a result of his or her relationship with the Postal Service in any case or matter, unless authorized to do so by an authorizing official.
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2 Without written authorization from the authorizing official, the employee must respectfully decline to produce documents, testify, or otherwise disclose the requested information. If the authorization is denied or not received by the return date, the employee together with counsel, where appropriate shall appear at the stated time and place, produce a copy of this section, and respectfully decline to testify or produce any document on the basis of the regulations in this section.
3 If an attempt is made to compel production of documents during the employees testimony, the employee is directed to decline to produce the item or information and to state that the material cannot be disclosed or produced without the approval of the authorizing official.
c Procedure to request documents or testimony. 1 All demands seeking the production of nonpublic documents or employee testimony concerning matters relating to their official duties shall be made in writing and conform to the requirements outlined in paragraphs c2 and 3 of this section.
2 The requesting party shall serve a summons or subpoena issued in accordance with the appropriate rules of procedure on the General Counsel to the Inspector General at the Office of Inspector General, 1735 North Lynn Street, Arlington, VA 222092020.
3 Together with a summons or subpoena served on the General Counsel, the requesting party shall include an affidavit or sworn declaration containing the following information:
i The title of the case and the forum where it will be heard;
ii The partys interest in the case;
iii The reasons for the demand;
iv If testimony is sought, a detailed summary of the anticipated testimony;
v If testimony is sought, a showing that Office of Inspector General records could not be provided and used in place of the requested testimony;
vi The intended use of the documents or testimony; and vii An affirmative statement that the documents or testimony is necessary for defending or prosecuting the case at issue.
d Evaluation of a demand for documents or testimony. 1 The authorizing official will consider the factors in paragraphs d1i through viii of this section when deciding whether to authorize testimony or the production of documents:
i Statutory restrictions, as well as any legal objection, exemption, or privilege that may apply;
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