[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Rules and Regulations]
[Pages 17575-17576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9749]
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DEPARTMENT OF JUSTICE
28 CFR Part 25
[AG Order No. 2002-95]
RIN 1105-AA41
Removal of 28 CFR Part 25--Recommendations to the President on
Civil Aeronautics Board Decisions
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: This rule removes 28 CFR part 25--Recommendations to the
President on Civil Aeronautics Board Decisions--from the Code of
Federal Regulations. Part 25 is unnecessary, and its removal will help
to streamline the Code of Federal Regulations.
DATES: This final rule is effective April 22, 1996.
FOR FURTHER INFORMATION CONTACT:
Howard Blumenthal, Assistant Chief, Legal Policy Section, Antitrust
Division, Room 3121 Main Justice Building, 10th & Pennsylvania Avenue
NW., Washington, DC 20530; telephone (202) 514-2513.
SUPPLEMENTARY INFORMATION: Title 28 CFR part 25 contains Department of
Justice (``Department'') regulations setting forth procedures for
receiving comments from private parties on possible recommendations by
the Department to the President concerning decisions by the Secretary
of Transportation (``Secretary'') submitted for Presidential approval
pursuant to 49 U.S.C. 41307 and 41509. (At the time this regulation was
promulgated, these duties were performed by the Civil Aeronautics Board
(``CAB'') pursuant to 49 U.S.C. 1461, but the CAB's authority in this
regard was subsequently transferred to the Secretary.) Under 49 U.S.C.
41307 and 41509, the Secretary must submit for Presidential review
decisions made by the Secretary to issue, deny, amend, revoke, etc.,
certificates to domestic or foreign air carriers to provide foreign air
transportation, or to suspend, cancel, or reject tariffs for foreign
air transportation. The President may disapprove decisions of the
Secretary only for reasons based on foreign relations or national
defense considerations. E.O. 12597, 52 FR 18335 (1987), provides that
the Department, along with certain other Executive Branch agencies, may
make recommendations to the President concerning such decisions by the
Secretary for reasons relating to the national defense or foreign
relations. Any other concerns that the Department may have with the
Secretary's decisions, including those related to regulatory policy,
are to be presented to the Department of Transportation (``DOT'') in
accordance with the procedures of DOT.
Under section 8 of E.O. 12597, ``[d]epartments and agencies * * *
that regularly make recommendations in connection with the [above
described] presidential review * * * shall * * * (a) establish public
dockets for all written communications * * * between their officers and
employees and private parties in connection with the preparation of
such recommendations; and (b) prescribe such other procedures governing
oral and written communications as they deem appropriate.'' (Emphasis
added.) Essentially, 28 CFR part 25 provides that public comments
concerning possible Department recommendations shall be in writing
whenever possible, shall be submitted in duplicate, and shall, unless
such communications are entitled to confidential treatment or are
publicly available from DOT, be placed in a public docket established
in the Legal Procedures Unit of the Antitrust Division.
The Department has had no occasion to make recommendations to the
President concerning the national defense or foreign relations
implications of the issuance of certificates to provide foreign air
transportation or the rejection of tariffs for foreign air
transportation, nor has it received comments from private parties on
any such possible recommendations, for at least the last seven years.
Furthermore, the Department does not anticipate doing so on a regular
basis in the future. Thus, 28 CFR part 25 is not required to be
promulgated by E.O. 12597, and its inclusion in the Code of Federal
Regulations is unnecessary. Private parties wishing to submit comments
to the Department concerning possible recommendations by the Department
under 49 U.S.C. 41307 and 41509 will be informed of the proper
procedures to follow, and a public docket for comments will be created,
on an ad hoc basis should such an occasion ever arise. Therefore, the
Department is removing 28 CFR part 25.
Administrative Procedure Act, 5 U.S.C. 553
Because this regulation imposes no new requirements or
restrictions, the Department of Justice finds good cause for exempting
it from the provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment, and delay in effective date.
Regulatory Flexibility Act
The Attorney General, in accordance with the Regulatory Flexibility
Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it
certifies that this regulation will not have a significant economic
impact on a substantial number of small entities.
Executive Order 12612
This regulation will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Department of Justice has determined that this rule is not a
``significant regulatory action'' under Executive Order 12866, section
3(f), and accordingly this rule has not been reviewed by the Office of
Management and Budget.
List of Subjects in 28 CFR Part 25
Administrative practice and procedure, Air transportation,
Antitrust.
Accordingly, for the reasons set forth in the preamble and pursuant
to 28 U.S.C. 509, 510, and 5 U.S.C. 301, in Title 28 of the Code of
Federal Regulations, part 25 is removed.
[[Page 17576]]
Dated: December 14, 1995.
Janet Reno,
Attorney General.
[FR Doc. 96-9749 Filed 4-19-96; 8:45 am]
BILLING CODE 4410-01-M
