Document

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

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 leg...

Department of Commerce
  1. 15 CFR Part 15
  2. [Docket No. 261015-0005]
  3. RIN 0605-AA93

AGENCY:

Department of Commerce (Department).

ACTION:

Final rule; correcting amendment.

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 § 15.14(g) as well as the contents of § 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

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

( printed 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

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

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

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

91 FR 67201

Web Citation

Suggested Web Citation

Use this when citing the archival web version of the document.

“Streamlining the Regulations Governing Testimony by Employees and the Production of Documents in Legal Proceedings; Correction,” thefederalregister.org (October 26, 2026), https://thefederalregister.org/documents/2026-21764/streamlining-the-regulations-governing-testimony-by-employees-and-the-production-of-documents-in-legal-proceedings-corre.