[Federal Register: April 23, 2004 (Volume 69, Number 79)]
[Rules and Regulations]
[Page 21952]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap04-4]
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SMALL BUSINESS ADMINISTRATION
13 CFR Part 102
RIN 3245-AE94
Disclosure of Information Regulations; Correction
AGENCY: U.S. Small Business Administration.
ACTION: Correcting amendments.
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SUMMARY: This document contains corrections to the final regulations
which were published in the Federal Register on October 14, 2003,
amending the Small Business Administration's Disclosure of Information
regulations.
DATES: This correction is effective April 23, 2004.
FOR FURTHER INFORMATION CONTACT: Kitty Higgins, Paralegal Specialist,
Freedom of Information/Privacy Acts Office by telephone at (202) 401-
8203 or by e-mail at foia@sba.gov. Individuals with disabilities may
obtain this document in an alternate format (e.g., Braille, large
print, audiotape, or computer diskette) upon request to the contact
person listed in the preceding paragraph.
SUPPLEMENTARY INFORMATION:
Background
On October 14, 2003, at 68 FR 59091 the Small Business
Administration (SBA) published final amendments to its Disclosure of
Information regulations, contained Subpart A of 13 CFR Part 102,
implementing the Electronic Freedom of Information Act Amendments of
1996 and setting out the current information disclosure practices and
procedures of the agency.
Need for Correction
Since publication of these amendments SBA has discovered that
former Sec. 102.12 of Subpart A, which related to the procedures for
responding to subpoenas for records or testimony, was inadvertently
omitted from the published document. If this section is not reinstated,
there will be a critical gap in the regulations containing the
procedure for responding to requests for information. The agency is
proposing to reinsert former Sec. 102.12 unrevised, as part of Subpart
A. The only change required is that the section must be renumbered.
List of Subjects in 13 CFR Part 102
Freedom of Information, Privacy.
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Accordingly 13 CFR Part 102, Subpart A is corrected by making the
following correcting amendments:
PART 102--RECORD DISCLOSURE AND PRIVACY
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1. The authority citation for Part 102 continues to read as follows:
Authority: 5 U.S.C. 552 and 552a; 31 U.S.C. 1 et seq. and 67 et
seq.; 44 U.S.C. 3501 et seq.; E.O. 12600, 3 CFR, 1987 Comp., p.235.
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2. Add Sec. 102.10 to Subpart A to read as follows:
Sec. 102.10 What happens if I subpoena records or testimony of
employees in connection with a civil lawsuit, criminal proceeding or
administrative proceeding to which SBA is not a party?
(a) The person to whom the subpoena is directed must consult with
SBA counsel in the relevant SBA office, who will seek approval for
compliance from the Associate General Counsel for Litigation. Except
where the subpoena requires the testimony of an employee of the
Inspector General's office, or records within the possession of the
Inspector General, the Associate General Counsel may delegate the
authorization for appropriate production of documents or testimony to
local SBA counsel.
(b) If SBA counsel approves compliance with the subpoena, SBA will
comply.
(c) If SBA counsel disapproves compliance with the subpoena, SBA
will not comply, and will base such noncompliance on an appropriate
legal basis such as privilege or a statute.
(d) SBA counsel must provide a copy of any subpoena relating to a
criminal matter to SBA's Inspector General prior to its return date.
Dated: April 16, 2004.
Delorice Price Ford,
Assistant Administrator for Hearing and Appeals.
[FR Doc. 04-9223 Filed 4-22-04; 8:45 am]
BILLING CODE 8025-01-P