Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations 75845 

VIII. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this rule under 

the principles and criteria of Executive 

Order 13132, Federalism. The Agency 

has determined this action would not 

have a substantial direct effect on the 

States, or the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, this 

rule will not have federalism 

implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. The Agency has 

determined it is not a ‘‘significant 

energy action’’ under the executive 

order and will not be likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

C. Executive Order 13609, Promoting 

International Regulatory Cooperation 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609 and has determined that 

this action will have no effect on 

international regulatory cooperation. 

D. Executive Order 13771, Reducing 

Regulation and Controlling Regulatory 

Costs 

This rule is not subject to the 

requirements of Executive Order 13771, 

Reducing Regulation and Controlling 

Regulatory Costs, because the FAA is 

issuing it with respect to a national 

security function of the United States. 

IX. Additional Information 

A. Availability of Rulemaking 

Documents 

An electronic copy of a rulemaking 

document may be obtained from the 

internet by— 

• Searching the docket for this 

rulemaking at https://

www.regulations.gov; 

• Visiting the FAA’s Regulations and 

Policies web page at https://

www.faa.gov/regulations_policies; or 

• Accessing the Government 

Publishing Office’s website at https://

www.govinfo.gov. 

Copies may also be obtained by 

sending a request (identified by 

amendment or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue SW, 

Washington, DC 20591, or by calling 

(202) 267–9677. 

Except for classified material, all 

documents the FAA considered in 

developing this rule, including 

economic analyses and technical 

reports, may be accessed from the 

internet through the docket for this 

rulemaking. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) (Pub. L. 104–121) (set forth as 

a note to 5 U.S.C. 601) requires FAA to 

comply with small entity requests for 

information or advice about compliance 

with statutes and regulations within its 

jurisdiction. A small entity with 

questions regarding this document may 

contact its local FAA official, or the 

persons listed under the FOR FURTHER

INFORMATION CONTACT heading at the 

beginning of the preamble. To find out 

more about SBREFA on the internet, 

visit http://www.faa.gov/regulations_

policies/rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety, Freight, Syria. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40103, 40105, 40113, 40120, 44101, 44111, 

44701, 44704, 44709, 44711, 44712, 44715, 

44716, 44717, 44722, 46306, 46315, 46316, 

46504, 46506–46507, 47122, 47508, 47528– 

47531, 47534, Pub. L. 114–190, 130 Stat. 615 

(49 U.S.C. 44703 note); articles 12 and 29 of 

the Convention on International Civil 

Aviation (61 Stat. 1180), (126 Stat. 11). 

■ 2. Amend § 91.1609 by revising 

paragraphs (a)(2), (3), and (e) to read as 

follows: 

§ 91.1609 Special Federal Aviation 

Regulation No. 114—Prohibition Against 

Certain Flights in the Damascus Flight 

Information Region (FIR) (OSTT). 

(a) * * * 

(2) All persons exercising the 

privileges of an airman certificate issued 

by the FAA, except when such persons 

are operating U.S.-registered aircraft for 

a foreign air carrier; and 

(3) All operators of U.S.-registered 

civil aircraft, except when the operator 

of such aircraft is a foreign air carrier. 

* * * * * 

(e) Expiration. This SFAR will remain 

in effect until December 30, 2023. The 

FAA may amend, rescind, or extend this 

SFAR, as necessary. 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f) and (g), 

40101(d)(1), 40105(b)(1)(A), and 44701(a)(5), 

on November 16, 2020. 

Steve Dickson, 

Administrator. 

[FR Doc. 2020–25970 Filed 11–25–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 0 

[AG Order No. 4917–2020] 

Delegation of Defense Production Act 

Authority 

AGENCY: Office of the Attorney General, 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: This final rule authorizes the 

Assistant Attorney General in charge of 

the Antitrust Division to perform, as the 

delegate of the Attorney General, all 

functions that the Attorney General is 

required or authorized to perform by 

section 708 of the Defense Production 

Act (‘‘DPA’’). 

DATES: Effective Date: November 27, 

2020. 

FOR FURTHER INFORMATION CONTACT: 

David G. B. Lawrence, Chief, 

Competition Policy & Advocacy Section, 

Antitrust Division, U.S. Department of 

Justice, Washington, DC 20530; 

telephone (202) 532–4698. 

SUPPLEMENTARY INFORMATION: Under the 

DPA, upon finding that conditions exist 

which may pose a direct threat to the 

national defense or its preparedness 

programs, the President or his designee 

may consult with representatives of 

industry, business, financing, 

agriculture, labor, and other interests in 

order to provide for the making by such 

persons, with the approval of the 

President or his designee, of voluntary 

agreements and plans of action to help 


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75846 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations 

provide for the national defense. 50 

U.S.C. 4558(c)(1)–(2). The DPA requires 

that each proposed voluntary agreement 

or proposed plan of action be reviewed 

by the Attorney General prior to 

becoming effective. If, after consulting 

with the Chairman of the Federal Trade 

Commission, the Attorney General finds 

that the purposes of 50 U.S.C. 4558(c) 

‘‘may not reasonably be achieved 

through a voluntary agreement or plan 

of action having less anticompetitive 

effects or without any voluntary 

agreement or plan of action,’’ the 

agreement or plan may become 

effective. 50 U.S.C. 4558(f)(1)(B). 

The DPA therefore requires action 

from the Attorney General from the 

standpoint of the antitrust laws. As a 

result, the Assistant Attorney General in 

charge of the Antitrust Division is 

already assigned the preparation of the 

Attorney General’s approval or 

disapproval whenever such action is 

required by the DPA from the 

standpoint of the antitrust laws. 28 CFR 

0.40(e). Conditions that may pose a 

direct threat to the national defense or 

its preparedness programs are 

inherently dynamic, and it is of utmost 

importance to be able to respond rapidly 

to such conditions. Therefore, the 

Attorney General has made the 

determination to promulgate a 

regulation unambiguously delegating to 

the Assistant Attorney General in charge 

of the Antitrust Division his authority to 

perform all functions that the Attorney 

General is required or authorized to 

perform by section 708 of the DPA (50 

U.S.C. 4558). 

Administrative Procedure Act—5 

U.S.C. 553 

This rule is a rule of agency 

organization and relates to a matter 

relating to agency management and is 

therefore exempt from the requirements 

of prior notice and comment and a 30- 

day delay in the effective date. See 5 

U.S.C. 553(a)(2), 553(b)(A), 553(d). 

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 

because it pertains to personnel and 

administrative matters affecting the 

Department. Further, a Regulatory 

Flexibility Analysis is not required to be 

prepared for this final rule because the 

Department was not required to publish 

a general notice of proposed rulemaking 

for this matter. 5 U.S.C. 604(a). 

Executive Orders 12866, 13563, and 

13771—Regulatory Review 

This action has been drafted and 

reviewed in accordance with section 

1(b) of Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ and 

section 1(b) of Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review.’’ This rule is limited to agency 

organization, management, and 

personnel as described in section 3(d)(3) 

of Executive Order 12866 and, therefore, 

is not a ‘‘regulation’’ or ‘‘rule’’ as 

defined by the order. Accordingly, this 

action has not been reviewed by the 

Office of Management and Budget. 

This rule is not subject to the 

requirements of Executive Order 13771, 

‘‘Reducing Regulation and Controlling 

Regulatory Costs,’’ because it is not a 

significant regulatory action under 

Executive Order 12866, and because it 

is ‘‘related to agency organization, 

management, or personnel’’ and thus 

not a ‘‘regulation’’ or ‘‘rule’’ under 

section 4(b) of Executive Order 13771. 

Executive Order 13132—Federalism 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rule does not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism summary impact statement. 

Executive Order 12988—Civil Justice 

Reform 

This rule was drafted in accordance 

with the applicable standards set forth 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988. 

Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100,000,000 or more 

in any one year (adjusted annually for 

inflation), and it will not significantly or 

uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Congressional Review Act 

This action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act, 5 U.S.C. 

804(3)(B), (C). Therefore, the reporting 

requirement of 5 U.S.C. 801 does not 

apply. 

List of Subjects in 28 CFR Part 0 

Authority delegations (Government 

agencies), Government employees, 

National defense, Organization and 

functions (Government agencies), 

Privacy, Reporting and recordkeeping 

requirements, Whistleblowing. 

Accordingly, by virtue of the 

authority vested in me as Attorney 

General, including 5 U.S.C. 301 and 28 

U.S.C. 509 and 510, part 0 of title 28 of 

the Code of Federal Regulations is 

amended as follows: 

PART 0—ORGANIZATION OF THE 

DEPARTMENT OF JUSTICE 

■ 1. The authority citation for part 0 

continues to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, 515–519. 

■ 2. Section 0.40(l) is added to read as 

follows: 

§ 0.40 General functions. 

* * * * * 

(l) As the delegate of the Attorney 

General, performance of all functions 

that the Attorney General is required or 

authorized to perform by section 708 of 

the Defense Production Act (50 U.S.C. 

4558). 

Dated: November 20, 2020. 

William P. Barr, 

Attorney General. 

[FR Doc. 2020–26222 Filed 11–25–20; 8:45 am] 

BILLING CODE 4410–14–P 

DEPARTMENT OF JUSTICE 

Office of the Attorney General 

28 CFR Part 26 

[Docket Number OAG 171; AG Order No. 

4911–2020] 

RIN 1105–AB63 

Manner of Federal Executions 

AGENCY: Office of the Attorney General, 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice 

(‘‘Department’’ or ‘‘DOJ’’) is finalizing 

amendments to regulations to authorize 

implementation of a sentence in a 

Federal capital case in any manner 

consistent with Federal law and to make 

other amendments. 

DATES: This final rule becomes effective 

December 24, 2020. 


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