[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]
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