80 FR 13757 - Removal of Published Rules To Align Published Policy with Current Sources of Law

EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE OF ADMINISTRATION

Federal Register Volume 80, Issue 51 (March 17, 2015)

Page Range		13757-13758
FR Document		2015-05899

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.

Federal Register, Volume 80 Issue 51 (Tuesday, March 17, 2015)

[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Rules and Regulations]
[Pages 13757-13758]
From the Federal Register Online  [www.thefederalregister.org]
[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

13757

Rules and Regulations Federal Register
Vol. 80, No. 51

Tuesday, March 17, 2015

This section of the FEDERAL REGISTER of Administration, removes the public and is therefore not required to
contains regulatory documents having general following provisions from the Code of publish its internal policies.
applicability and legal effect, most of which Federal Regulations: Chapter XV, title 5, This rule removes all rules previously
are keyed to and codified in the Code of comprising 5 CFR parts 2500, 2502, and issued by the Executive Office of the
Federal Regulations, which is published under 2504; and 3 CFR 101.3. This action is President, Office of Administration, that
50 titles pursuant to 44 U.S.C. 1510. are without legal effect under well-
being taken in order to implement well-
The Code of Federal Regulations is sold by settled legal interpretations of the Office settled interpretations of the law by the
the Superintendent of Documents. Prices of of Administration’s status under Federal courts, the Department of Justice, and
new books are listed in the first FEDERAL law and Executive Orders, including the the current provisions of Executive
REGISTER issue of each week. Freedom of Information Act, the Privacy Order 13526. The Office of
Act of 1974, and Executive Order 13526. Administration therefore removes
The Office of Administration, as an chapter XV, title 5 and 3 CFR 101.3.
EXECUTIVE OFFICE OF THE entity whose sole function is to advise Notice and Comment Requirements
PRESIDENT, OFFICE OF and assist the President of the United
ADMINISTRATION States, is not an agency within the The provisions of the Administrative
meaning of 5 U.S.C. 552(f), and thus is Procedure Act requiring notice of
3 CFR Part 101 not subject to the Freedom of proposed rulemaking, the opportunity
Information Act (5 U.S.C. 552) or the for public participation, and a 30-day
5 CFR Chapter XV Privacy Act of 1974 (5 U.S.C. 552a). The delay in effective date set forth in 5
Office of Administration’s U.S.C. 553 are inapplicable because they
RIN 0300–AA00
implementation of Executive Order are ‘‘unnecessary’’ under 5 U.S.C.
Removal of Published Rules To Align 553(b)(B) and the United States Court of
13526 does not affect members of the
Published Policy with Current Sources Appeals for the District of Columbia
public and the Office of Administration
of Law Circuit’s holding in C.R.E.W. The court’s
is therefore not required to publish its
holding in C.R.E.W. clarifies that the
internal policies. Accordingly, the
AGENCY: Office of Administration, Freedom of Information Act has no legal
provisions of the Code of Federal
Executive Office of the President. effect on the Office of Administration
Regulations to be removed are without
ACTION: Final rule. because the Office of Administration is
legal effect.
not an agency within the meaning of 5
SUMMARY: The Executive Office of the This rule removing 5 CFR parts 2500,
U.S.C. 552(f). This rule is published
President, Office of Administration, is 2502, and 2504, and 3 CFR 101.3 is
solely to align relevant provisions of the
removing regulations from the Code of issued pursuant to, among other Code of Federal Regulations with well-
Federal Regulations related to the status authorities, C.R.E.W. v. Office of settled law. Thus, this rule involves no
of records created and maintained by Admin., 566 F.3d 219 (D.C. Cir. 2009); agency discretion, so notice of proposed
the Executive Office of the President. Whether the Office of Admin. Is an rulemaking, the opportunity for public
This action is being taken in order to ‘‘Agency’’ for Purposes of Freedom of participation, and a 30-day delay in
align Office of Administration policy Information Act, 31 Op. O.L.C. (Aug. 21, effective date would be unnecessary.
with well-settled legal interpretations of 2007); Franklin v. Mass., 505 U.S. 788 If this rulemaking were delayed to
the Office of Administration’s status (1992); and Kissinger v. Reporters allow for notice and comment and a 30-
under Federal law and Executive Comm. for Freedom of the Press, 445 day delay in effectiveness, it would
Orders, including the Freedom of U.S. 136 (1980). In C.R.E.W., the United delay alignment of the Code of Federal
Information Act, the Privacy Act of States Court of Appeals for the District Regulations with existing Federal law as
1974, and Executive Order 13526. The of Columbia Circuit held that the Office interpreted by the courts, the
Office of Administration, as an entity of Administration is not an agency Department of Justice, and the current
whose sole function is to advise and within the meaning of 5 U.S.C. 552(f). provisions of Executive Order 13526, as
assist the President of the United States, Accordingly, the Office of well as Office of Administration policy.
is not an agency under the Freedom of Administration is not an agency for Further, no other law requires that a
Information Act or the Privacy Act of purposes of the Freedom of Information notice of proposed rulemaking and an
1974, nor does its implementation of Act (5 U.S.C. 552) or the Privacy Act of opportunity for public comment be
Executive Order 13526 affect members 1974 (5 U.S.C. 552a). All records of the issued for this rule. Because a notice of
of the public. Accordingly, the Office of Administration are proposed rulemaking and an
provisions of the Code of Federal Presidential records under the opportunity for public comment are not
Regulations to be removed are without Presidential Records Act, 44 U.S.C. required to be given for this rule under
legal effect. 2201–2207, and are not available to the the Administrative Procedure Act or by
public until the fifth anniversary of the any other law, the analytical
DATES: This rule is effective March 17,
last year of an Administration. requirements of the Regulatory
2015.
rljohnson on DSK3VPTVN1PROD with RULES

Additionally, Office of Flexibility Act (5 U.S.C. 601–612) are
FOR FURTHER INFORMATION CONTACT: Administration procedures recorded at not applicable. Therefore, this
Hugh L. Brady, General Counsel, 5 CFR part 2500 reflect an internal regulation is issued in final form.
Executive Office of the President, Office process that has been discontinued. The
of Administration, 202–395–1268. Office of Administration does not have Rulemaking Requirements
SUPPLEMENTARY INFORMATION: The regulations implementing Executive Executive Orders 13563 and 12866
Executive Office of the President, Office Order 13526 that affect members of the direct agencies to assess all costs and

VerDate Sep<11>2014 15:20 Mar 16, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM 17MRR1

13758 Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Rules and Regulations

benefits of available regulatory Title 5—Administrative Personnel Côte-Vertu Road West, Dorval, Québec
alternatives and, if regulation is CHAPTER XV—[REMOVED]
H4S 1Y9, Canada; telephone 514–855–
necessary, to select regulatory 5000; fax 514–855–7401; email
approaches that maximize net benefits ■ 3. Remove chapter XV, consisting of thd.crj@aero.bombardier.com; Internet
(including potential economic, parts 2500 through 2599. http://www.bombardier.com. You may
environmental, public health and safety Dated: February 23, 2015. view this referenced service information
effects, distributive impacts, and Beth A. Jones, at the FAA, Transport Airplane
equity). Executive Order 13563 Deputy Assistant to the President, Director, Directorate, 1601 Lind Avenue SW.,
emphasizes the importance of Office of Administration. Renton, WA. For information on the
quantifying both costs and benefits, [FR Doc. 2015–05899 Filed 3–16–15; 8:45 am] availability of this material at the FAA,
reducing costs, harmonizing rules, and BILLING CODE 3215–F5–P
call 425–227–1221. It is also available
promoting flexibility. This rule has not on the Internet at http://
been designated a ‘‘significant www.regulations.gov by searching for
regulatory action’’ under Executive DEPARTMENT OF TRANSPORTATION and locating Docket No. FAA–2014–
Order 12866. 0653.
Notwithstanding any other provision Federal Aviation Administration FOR FURTHER INFORMATION CONTACT: Aziz
of law, no person is required to respond Ahmed, Aerospace Engineer, Airframe
to, nor shall any person be subject to a 14 CFR Part 39 and Mechanical Systems Branch, ANE–
penalty for failure to comply with a [Docket No. FAA–2014–0653; Directorate 171, FAA, New York Aircraft
collection of information subject to the Identifier 2014–NM–057–AD; Amendment Certification Office (ACO), 1600 Stewart
requirements of the Paperwork 39–18113; AD 2015–05–03] Avenue, Suite 410, Westbury, NY
Reduction Act of 1995 (44 U.S.C. 3501– 11590; telephone: 516–228–7329; fax:
RIN 2120–AA64
3521), unless that collection of 516–794–5531; email:
information displays a currently valid Airworthiness Directives; Bombardier, aziz.ahmed@faa.gov.
Office of Management and Budget Inc. Airplanes
Control Number. This rule does not SUPPLEMENTARY INFORMATION:
involve any collection of information AGENCY: Federal Aviation Discussion
subject to the Paperwork Reduction Act. Administration (FAA), Department of
This rule does not contain ‘‘policies Transportation (DOT). We issued a notice of proposed
that have federalism implications’’ as ACTION: Final rule. rulemaking (NPRM) to amend 14 CFR
that term is defined under Executive part 39 by adding an AD that would
SUMMARY: We are adopting a new apply to certain Bombardier, Inc. Model
Order 13132. airworthiness directive (AD) for certain CL–600–2B19 (Regional Jet Series 100 &
List of Subjects Bombardier, Inc. Model CL–600–2B19 440) airplanes. The NPRM published in
(Regional Jet Series 100 & 440) the Federal Register on October 1, 2014
3 CFR Part 101 airplanes. This AD was prompted by (79 FR 59157). The NPRM was
Freedom of information. reports of cracking on the skin panels prompted by reports of cracking on the
and skin splice joints and angles at skin panels and skin splice joints and
5 CFR Part 2500 certain stringers at various locations angles at certain stringers at various
between certain fuselage stations. This locations between certain fuselage
Classified information.
AD requires revising the maintenance or stations. The NPRM proposed to require
5 CFR Part 2502 inspection program, as applicable, to revising the maintenance or inspection
incorporate new or revised maintenance program, as applicable, to incorporate
Courts, Freedom of information. requirements and airworthiness new or revised maintenance
5 CFR Part 2504 limitations, and incorporating structural requirements and airworthiness
repairs and modifications to preclude limitations, and incorporating structural
Privacy. widespread fatigue damage (WFD). We repairs and modifications to preclude
Accordingly, under the authority of 5 are issuing this AD to detect and correct WFD. We are issuing this AD to detect
U.S.C. 553 and as discussed in the WFD, which could adversely affect the and correct WFD, which could
preamble, amend 3 CFR part 101 and structural integrity of the airplane. adversely affect the structural integrity
chapter XV of title 5 of the Code of DATES: This AD becomes effective April of the airplane.
Federal Regulations as follows. 21, 2015. Transport Canada Civil Aviation
The Director of the Federal Register (TCCA), which is the aviation authority
Title 3—The President approved the incorporation by reference for Canada, has issued Canadian
CHAPTER I—EXECUTIVE OFFICE OF THE of certain publications listed in this AD Airworthiness Directive CF–2014–07,
PRESIDENT as of April 21, 2015. dated January 31, 2014 (referred to after
ADDRESSES: You may examine the AD this as the Mandatory Continuing
PART 101—PUBLIC INFORMATION docket on the Internet at http:// Airworthiness Information, or ‘‘the
PROVISIONS OF THE www.regulations.gov/ MCAI’’), to correct an unsafe condition
ADMINISTRATIVE PROCEDURES ACT #!docketDetail;D=FAA-2014-0653 or in for certain Bombardier, Inc. Model CL–
person at the Docket Management 600–2B19 (Regional Jet Series 100 &
rljohnson on DSK3VPTVN1PROD with RULES

■ 1. The authority citation for part 101 Facility, U.S. Department of 440) airplanes. The MCAI states:
continues to read as follows: Transportation, Docket Operations, M– Complete aeroplane fatigue testing on a
Authority: 5 U.S.C. 552. 30, West Building Ground Floor, Room CL–600–2B19 aeroplane by the aeroplane
W12–140, 1200 New Jersey Avenue SE., manufacturer revealed the onset of
§ 101.3 [REMOVED] Washington, DC. simultaneous cracking on the skin panels and
For service information identified in skin splice joints and angles at stringers
■ 2. Remove § 101.3. this AD, contact Bombardier, Inc., 400 number 6 and 20 at various locations

VerDate Sep<11>2014 15:20 Mar 16, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\17MRR1.SGM 17MRR1

Document Created: 2015-12-18 12:01:12
Document Modified: 2015-12-18 12:01:12

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective March 17, 2015.
Contact		Hugh L. Brady, General Counsel, Executive Office of the President, Office of Administration, 202-395- 1268.
FR Citation		80 FR 13757
RIN Number		0300-AA00
CFR Citation		5 Title 5 CFR Chapter XV 3 CFR 101