[Federal Register Volume 87, Number 80 (Tuesday, April 26, 2022)]
[Rules and Regulations]
[Page 24399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08814]



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 Rules and Regulations
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 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
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  Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Rules 
and Regulations  

[[Page 24399]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 1

[Docket No. USDA-2021-0009]
RIN 0503-AA74


Production or Disclosure of Official Information in Legal 
Proceedings

AGENCY: Office of the Secretary, USDA.

ACTION: Direct final rule; confirmation of effective date.

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SUMMARY: On February 28, 2022, the U.S. Department of Agriculture 
published a direct final rule. The direct final rule notified the 
public of our intention to revise our regulations regarding the 
production or disclosure of official information in legal proceedings 
(referred to as Touhy regulations). We did not receive any substantive 
written adverse comments in response to the direct final rule.

DATES: The effective date of the direct final rule published February 
28, 2022, at 87 FR 10925 is confirmed as April 29, 2022.

FOR FURTHER INFORMATION CONTACT: Karen Carrington Fletcher, Senior 
Counsel, Office of the General Counsel, USDA, 1400 Independence Ave. 
SW, Room 103-W, Washington, DC 20250; [email protected]; (202) 
720-0944.

SUPPLEMENTARY INFORMATION: On February 28, 2022, the U.S. Department of 
Agriculture published a direct final rule. (87 FR 10925) The direct 
final rule notified the public of our intention to revise our 
regulations regarding the production or disclosure of official 
information in legal proceedings (referred to as Touhy regulations).
    In the direct final rule, we stated that if we received no written 
adverse comments or written notice of intent to submit adverse comments 
within 30 days of publication of the direct final rule, the direct 
final rule would become effective 60 days following its publication.
    During the comment period, we received three comments, two of which 
were submitted by the same commenter. These three comments suggested 
that the amended regulations had the potential to obstruct justice and 
therefore should be withdrawn. However, the comments provided no basis 
for that assertion or any details that would allow us to understand the 
commenters' rationale. Therefore, we have determined that the 
regulations should become effective as stated in the direct final rule.
    Accordingly, we are confirming that the direct final rule published 
February 28, 2022, will become effective on April 29, 2022.

    Authority: 5 U.S.C. 301, unless otherwise noted.

David Grahn,
Principal Deputy General Counsel, United States Department of 
Agriculture.
[FR Doc. 2022-08814 Filed 4-25-22; 8:45 am]
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