[Federal Register Volume 69, Number 79 (Friday, April 23, 2004)]
[Rules and Regulations]
[Page 21952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9223]


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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 [email protected]. 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