Removal of Published Rules To Align Published Policy with Current Sources of Law, 13757-13758 [2015-05899]

Download as PDF 13757 Rules and Regulations Federal Register Vol. 80, No. 51 Tuesday, March 17, 2015 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 under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF ADMINISTRATION 3 CFR Part 101 5 CFR Chapter XV RIN 0300–AA00 Removal of Published Rules To Align Published Policy with Current Sources of Law Office of Administration, Executive Office of the President. ACTION: Final rule. AGENCY: The Executive Office of the President, Office of Administration, is removing regulations from the Code of Federal Regulations related to the status of records created and maintained by the Executive Office of the President. This action is being taken in order to align Office of Administration policy with well-settled legal interpretations of the Office of Administration’s status under Federal law and Executive Orders, including the Freedom of Information Act, the Privacy Act of 1974, and Executive Order 13526. The Office of Administration, as an entity whose sole function is to advise and assist the President of the United States, is not an agency under the Freedom of Information Act or the Privacy Act of 1974, nor does its implementation of Executive Order 13526 affect members of the public. Accordingly, the provisions of the Code of Federal Regulations to be removed are without legal effect. DATES: This rule is effective March 17, 2015. FOR FURTHER INFORMATION CONTACT: Hugh L. Brady, General Counsel, Executive Office of the President, Office of Administration, 202–395–1268. SUPPLEMENTARY INFORMATION: The Executive Office of the President, Office rljohnson on DSK3VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 15:20 Mar 16, 2015 Jkt 235001 of Administration, removes the following provisions from the Code of Federal Regulations: Chapter XV, title 5, comprising 5 CFR parts 2500, 2502, and 2504; and 3 CFR 101.3. This action is being taken in order to implement wellsettled legal interpretations of the Office of Administration’s status under Federal law and Executive Orders, including the Freedom of Information Act, the Privacy Act of 1974, and Executive Order 13526. The Office of Administration, as an entity whose sole function is to advise and assist the President of the United States, is not an agency within the meaning of 5 U.S.C. 552(f), and thus is not subject to the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a). The Office of Administration’s implementation of Executive Order 13526 does not affect members of the public and the Office of Administration is therefore not required to publish its internal policies. Accordingly, the provisions of the Code of Federal Regulations to be removed are without legal effect. This rule removing 5 CFR parts 2500, 2502, and 2504, and 3 CFR 101.3 is issued pursuant to, among other authorities, C.R.E.W. v. Office of Admin., 566 F.3d 219 (D.C. Cir. 2009); Whether the Office of Admin. Is an ‘‘Agency’’ for Purposes of Freedom of Information Act, 31 Op. O.L.C. (Aug. 21, 2007); Franklin v. Mass., 505 U.S. 788 (1992); and Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 (1980). In C.R.E.W., the United States Court of Appeals for the District of Columbia Circuit held that the Office of Administration is not an agency within the meaning of 5 U.S.C. 552(f). Accordingly, the Office of Administration is not an agency for purposes of the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a). All records of the Office of Administration are Presidential records under the Presidential Records Act, 44 U.S.C. 2201–2207, and are not available to the public until the fifth anniversary of the last year of an Administration. Additionally, Office of Administration procedures recorded at 5 CFR part 2500 reflect an internal process that has been discontinued. The Office of Administration does not have regulations implementing Executive Order 13526 that affect members of the PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 public and is therefore not required to publish its internal policies. This rule removes all rules previously issued by the Executive Office of the President, Office of Administration, that are without legal effect under wellsettled interpretations of the law by the courts, the Department of Justice, and the current provisions of Executive Order 13526. The Office of Administration therefore removes chapter XV, title 5 and 3 CFR 101.3. Notice and Comment Requirements The provisions of the Administrative Procedure Act requiring notice of proposed rulemaking, the opportunity for public participation, and a 30-day delay in effective date set forth in 5 U.S.C. 553 are inapplicable because they are ‘‘unnecessary’’ under 5 U.S.C. 553(b)(B) and the United States Court of Appeals for the District of Columbia Circuit’s holding in C.R.E.W. The court’s holding in C.R.E.W. clarifies that the Freedom of Information Act has no legal effect on the Office of Administration because the Office of Administration is not an agency within the meaning of 5 U.S.C. 552(f). This rule is published solely to align relevant provisions of the Code of Federal Regulations with wellsettled law. Thus, this rule involves no agency discretion, so notice of proposed rulemaking, the opportunity for public participation, and a 30-day delay in effective date would be unnecessary. If this rulemaking were delayed to allow for notice and comment and a 30day delay in effectiveness, it would delay alignment of the Code of Federal Regulations with existing Federal law as interpreted by the courts, the Department of Justice, and the current provisions of Executive Order 13526, as well as Office of Administration policy. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be issued for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601–612) are not applicable. Therefore, this regulation is issued in final form. Rulemaking Requirements Executive Orders 13563 and 12866 direct agencies to assess all costs and E:\FR\FM\17MRR1.SGM 17MRR1 13758 Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Rules and Regulations benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule has not been designated a ‘‘significant regulatory action’’ under Executive Order 12866. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3521), unless that collection of information displays a currently valid Office of Management and Budget Control Number. This rule does not involve any collection of information subject to the Paperwork Reduction Act. This rule does not contain ‘‘policies that have federalism implications’’ as that term is defined under Executive Order 13132. List of Subjects 3 CFR Part 101 Freedom of information. 5 CFR Part 2500 Classified information. 5 CFR Part 2502 Courts, Freedom of information. 5 CFR Part 2504 Privacy. Accordingly, under the authority of 5 U.S.C. 553 and as discussed in the preamble, amend 3 CFR part 101 and chapter XV of title 5 of the Code of Federal Regulations as follows. Title 3—The President CHAPTER I—EXECUTIVE OFFICE OF THE PRESIDENT rljohnson on DSK3VPTVN1PROD with RULES PART 101—PUBLIC INFORMATION PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT 1. The authority citation for part 101 continues to read as follows: ■ Authority: 5 U.S.C. 552. § 101.3 ■ [REMOVED] 2. Remove § 101.3. VerDate Sep<11>2014 15:20 Mar 16, 2015 Jkt 235001 Title 5—Administrative Personnel CHAPTER XV—[REMOVED] 3. Remove chapter XV, consisting of parts 2500 through 2599. ■ Dated: February 23, 2015. Beth A. Jones, Deputy Assistant to the President, Director, Office of Administration. [FR Doc. 2015–05899 Filed 3–16–15; 8:45 am] BILLING CODE 3215–F5–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2014–0653; Directorate Identifier 2014–NM–057–AD; Amendment 39–18113; AD 2015–05–03] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes. This AD was prompted by reports of cracking on the skin panels and skin splice joints and angles at certain stringers at various locations between certain fuselage stations. This AD requires revising the maintenance or inspection program, as applicable, to incorporate new or revised maintenance requirements and airworthiness limitations, and incorporating structural repairs and modifications to preclude widespread fatigue damage (WFD). We are issuing this AD to detect and correct WFD, which could adversely affect the structural integrity of the airplane. DATES: This AD becomes effective April 21, 2015. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 21, 2015. ADDRESSES: You may examine the AD docket on the Internet at https:// www.regulations.gov/ #!docketDetail;D=FAA-2014-0653 or in person at the Docket Management Facility, U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC. For service information identified in this AD, contact Bombardier, Inc., 400 SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 ˆ ´ Cote-Vertu Road West, Dorval, Quebec H4S 1Y9, Canada; telephone 514–855– 5000; fax 514–855–7401; email thd.crj@aero.bombardier.com; Internet https://www.bombardier.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2014– 0653. Aziz Ahmed, Aerospace Engineer, Airframe and Mechanical Systems Branch, ANE– 171, FAA, New York Aircraft Certification Office (ACO), 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516–228–7329; fax: 516–794–5531; email: aziz.ahmed@faa.gov. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc. Model CL–600–2B19 (Regional Jet Series 100 & 440) airplanes. The NPRM published in the Federal Register on October 1, 2014 (79 FR 59157). The NPRM was prompted by reports of cracking on the skin panels and skin splice joints and angles at certain stringers at various locations between certain fuselage stations. The NPRM proposed to require revising the maintenance or inspection program, as applicable, to incorporate new or revised maintenance requirements and airworthiness limitations, and incorporating structural repairs and modifications to preclude WFD. We are issuing this AD to detect and correct WFD, which could adversely affect the structural integrity of the airplane. Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF–2014–07, dated January 31, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Bombardier, Inc. Model CL– 600–2B19 (Regional Jet Series 100 & 440) airplanes. The MCAI states: Complete aeroplane fatigue testing on a CL–600–2B19 aeroplane by the aeroplane manufacturer revealed the onset of simultaneous cracking on the skin panels and skin splice joints and angles at stringers number 6 and 20 at various locations E:\FR\FM\17MRR1.SGM 17MRR1

Agencies

  • EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF ADMINISTRATION
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Rules and Regulations]
[Pages 13757-13758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-05899]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Rules 
and Regulations

[[Page 13757]]



EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF ADMINISTRATION

3 CFR Part 101

5 CFR Chapter XV

RIN 0300-AA00


Removal of Published Rules To Align Published Policy with Current 
Sources of Law

AGENCY: Office of Administration, Executive Office of the President.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Executive Office of the President, Office of 
Administration, is removing regulations from the Code of Federal 
Regulations related to the status of records created and maintained by 
the Executive Office of the President. This action is being taken in 
order to align Office of Administration policy with well-settled legal 
interpretations of the Office of Administration's status under Federal 
law and Executive Orders, including the Freedom of Information Act, the 
Privacy Act of 1974, and Executive Order 13526. The Office of 
Administration, as an entity whose sole function is to advise and 
assist the President of the United States, is not an agency under the 
Freedom of Information Act or the Privacy Act of 1974, nor does its 
implementation of Executive Order 13526 affect members of the public. 
Accordingly, the provisions of the Code of Federal Regulations to be 
removed are without legal effect.

DATES: This rule is effective March 17, 2015.

FOR FURTHER INFORMATION CONTACT: Hugh L. Brady, General Counsel, 
Executive Office of the President, Office of Administration, 202-395-
1268.

SUPPLEMENTARY INFORMATION: The Executive Office of the President, 
Office of Administration, removes the following provisions from the 
Code of Federal Regulations: Chapter XV, title 5, comprising 5 CFR 
parts 2500, 2502, and 2504; and 3 CFR 101.3. This action is being taken 
in order to implement well-settled legal interpretations of the Office 
of Administration's status under Federal law and Executive Orders, 
including the Freedom of Information Act, the Privacy Act of 1974, and 
Executive Order 13526. The Office of Administration, as an entity whose 
sole function is to advise and assist the President of the United 
States, is not an agency within the meaning of 5 U.S.C. 552(f), and 
thus is not subject to the Freedom of Information Act (5 U.S.C. 552) or 
the Privacy Act of 1974 (5 U.S.C. 552a). The Office of Administration's 
implementation of Executive Order 13526 does not affect members of the 
public and the Office of Administration is therefore not required to 
publish its internal policies. Accordingly, the provisions of the Code 
of Federal Regulations to be removed are without legal effect.
    This rule removing 5 CFR parts 2500, 2502, and 2504, and 3 CFR 
101.3 is issued pursuant to, among other authorities, C.R.E.W. v. 
Office of Admin., 566 F.3d 219 (D.C. Cir. 2009); Whether the Office of 
Admin. Is an ``Agency'' for Purposes of Freedom of Information Act, 31 
Op. O.L.C. (Aug. 21, 2007); Franklin v. Mass., 505 U.S. 788 (1992); and 
Kissinger v. Reporters Comm. for Freedom of the Press, 445 U.S. 136 
(1980). In C.R.E.W., the United States Court of Appeals for the 
District of Columbia Circuit held that the Office of Administration is 
not an agency within the meaning of 5 U.S.C. 552(f). Accordingly, the 
Office of Administration is not an agency for purposes of the Freedom 
of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 
552a). All records of the Office of Administration are Presidential 
records under the Presidential Records Act, 44 U.S.C. 2201-2207, and 
are not available to the public until the fifth anniversary of the last 
year of an Administration.
    Additionally, Office of Administration procedures recorded at 5 CFR 
part 2500 reflect an internal process that has been discontinued. The 
Office of Administration does not have regulations implementing 
Executive Order 13526 that affect members of the public and is 
therefore not required to publish its internal policies.
    This rule removes all rules previously issued by the Executive 
Office of the President, Office of Administration, that are without 
legal effect under well-settled interpretations of the law by the 
courts, the Department of Justice, and the current provisions of 
Executive Order 13526. The Office of Administration therefore removes 
chapter XV, title 5 and 3 CFR 101.3.

Notice and Comment Requirements

    The provisions of the Administrative Procedure Act requiring notice 
of proposed rulemaking, the opportunity for public participation, and a 
30-day delay in effective date set forth in 5 U.S.C. 553 are 
inapplicable because they are ``unnecessary'' under 5 U.S.C. 553(b)(B) 
and the United States Court of Appeals for the District of Columbia 
Circuit's holding in C.R.E.W. The court's holding in C.R.E.W. clarifies 
that the Freedom of Information Act has no legal effect on the Office 
of Administration because the Office of Administration is not an agency 
within the meaning of 5 U.S.C. 552(f). This rule is published solely to 
align relevant provisions of the Code of Federal Regulations with well-
settled law. Thus, this rule involves no agency discretion, so notice 
of proposed rulemaking, the opportunity for public participation, and a 
30-day delay in effective date would be unnecessary.
    If this rulemaking were delayed to allow for notice and comment and 
a 30-day delay in effectiveness, it would delay alignment of the Code 
of Federal Regulations with existing Federal law as interpreted by the 
courts, the Department of Justice, and the current provisions of 
Executive Order 13526, as well as Office of Administration policy.
    Further, no other law requires that a notice of proposed rulemaking 
and an opportunity for public comment be issued for this rule. Because 
a notice of proposed rulemaking and an opportunity for public comment 
are not required to be given for this rule under the Administrative 
Procedure Act or by any other law, the analytical requirements of the 
Regulatory Flexibility Act (5 U.S.C. 601-612) are not applicable. 
Therefore, this regulation is issued in final form.

Rulemaking Requirements

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and

[[Page 13758]]

benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). Executive Order 13563 
emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility. This rule 
has not been designated a ``significant regulatory action'' under 
Executive Order 12866.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with a collection of information subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521), unless 
that collection of information displays a currently valid Office of 
Management and Budget Control Number. This rule does not involve any 
collection of information subject to the Paperwork Reduction Act.
    This rule does not contain ``policies that have federalism 
implications'' as that term is defined under Executive Order 13132.

List of Subjects

3 CFR Part 101

    Freedom of information.

5 CFR Part 2500

    Classified information.

5 CFR Part 2502

    Courts, Freedom of information.

5 CFR Part 2504

    Privacy.

    Accordingly, under the authority of 5 U.S.C. 553 and as discussed 
in the preamble, amend 3 CFR part 101 and chapter XV of title 5 of the 
Code of Federal Regulations as follows.

Title 3--The President

CHAPTER I--EXECUTIVE OFFICE OF THE PRESIDENT

PART 101--PUBLIC INFORMATION PROVISIONS OF THE ADMINISTRATIVE 
PROCEDURES ACT

0
1. The authority citation for part 101 continues to read as follows:

    Authority: 5 U.S.C. 552.


Sec.  101.3  [REMOVED]


0
2. Remove Sec.  101.3.

Title 5--Administrative Personnel

CHAPTER XV--[REMOVED]

0
3. Remove chapter XV, consisting of parts 2500 through 2599.

    Dated: February 23, 2015.
Beth A. Jones,
Deputy Assistant to the President, Director, Office of Administration.
[FR Doc. 2015-05899 Filed 3-16-15; 8:45 am]
 BILLING CODE 3215-F5-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.