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.

Rules and Regulations Federal Register

13757 

Vol. 80, No. 51 

Tuesday, March 17, 2015 

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 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 

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 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 


rljohnson on DSK3VPTVN1PROD with RULES
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 

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. 

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 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: 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 http:// 

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 

Coˆte-Vertu Road West, Dorval, Que ́bec 

H4S 1Y9, Canada; telephone 514–855– 

5000; fax 514–855–7401; email 

thd.crj@aero.bombardier.com; Internet 

http://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 http:// 

www.regulations.gov by searching for 

and locating Docket No. FAA–2014– 

0653. 

FOR FURTHER INFORMATION CONTACT: 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. 

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 


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