[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29284-29285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14615]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 373
RIN 2105-AC52
Implementation of the Equal Access to Justice Act
AGENCY: Office of the Secretary, DOT.
ACTION: Final rule: removal.
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SUMMARY: This action removes a regulation concerning payment of
attorneys fees under the Equal Access to Justice Act that was adopted
by the now-defunct Civil Aeronautics Board. These procedures are
covered by a Department-wide regulation. This action is taken in
response to the President's Regulatory Reinvention Initiative in order
to remove a duplicative and outdated rule.
EFFECTIVE DATE: July 10, 1996.
FOR FURTHER INFORMATION CONTACT: Alexander J. Millard, Office of the
General Counsel, Room 4102, U.S. Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590, or by telephone at (202)
366-9285.
SUPPLEMENTARY INFORMATION: 14 CFR Part 373, Implementation of the Equal
Access to Justice Act, was promulgated by the now-defunct Civil
Aeronautics Board in 1982 (47 FR 16007, April 14, 1982). The Civil
Aeronautics Board issued this regulation to provide for the award of
attorney fees and other expenses to eligible individuals and entities
that were parties to certain administrative proceedings before that
agency. On January 1, 1985, however, the Civil Aeronautics Board was
sunsetted and its remaining statutory authority was transferred to the
Department of Transportation. See Civil Aeronautics Board Sunset Act of
1984, Public Law 98-443, 98 Stat. 1703. The Department of
Transportation has a nearly identical regulation governing the award of
these fees and expenses. This regulation is codified at 49 CFR Part 6.
Consequently, there is no need to retain the Civil Aeronautics Board's
duplicative regulation and it is being removed.
The Department finds notice and comment unnecessary and contrary to
the public interest because the rule is merely removing an obsolete
procedural regulation in favor of the Departmental rule. This final
rule is considered to be a nonsignificant rulemaking under DOT's
regulatory policies and procedures, 44 FR 11034. The final rule was not
subject to review by the Office of Information and Regulatory Affairs
pursuant to Executive Order 12866. The rule will have no economic
impact, and accordingly no regulatory evaluation
[[Page 29285]]
has been prepared. The final rule has been analyzed in accordance with
the principles and criteria contained in Executive Order 12612, and it
has been determined that it does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment. The
rule has also been reviewed under the Regulatory Flexibility Act. I
certify that this rule would not have a significant economic impact on
a substantial number of small entities under the meaning of the
Regulatory Flexibility Act.
List of Subjects in 14 CFR Part 373
Claims, Equal access to justice, Lawyers.
For the reasons set forth above, the Department of Transportation
is taking the following action:
1. The authority citation for Part 373 is:
Authority: 5 U.S.C. 504.
PART 373--[REMOVED]
2. Part 373 is removed.
Issued this 31st day of May 1996 at Washington, DC.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 96-14615 Filed 6-7-96; 8:45 am]
BILLING CODE 4910-62-P
