Removal of 28 CFR Part 25Recommendations to the President on Civil Aeronautics Board Decisions

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]

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