[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Rules and Regulations]
[Pages 29284-29285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14615]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 373

RIN 2105-AC52


Implementation of the Equal Access to Justice Act

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule: removal.

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SUMMARY: This action removes a regulation concerning payment of 
attorneys fees under the Equal Access to Justice Act that was adopted 
by the now-defunct Civil Aeronautics Board. These procedures are 
covered by a Department-wide regulation. This action is taken in 
response to the President's Regulatory Reinvention Initiative in order 
to remove a duplicative and outdated rule.

EFFECTIVE DATE: July 10, 1996.

FOR FURTHER INFORMATION CONTACT: Alexander J. Millard, Office of the 
General Counsel, Room 4102, U.S. Department of Transportation, 400 
Seventh Street, SW., Washington, DC 20590, or by telephone at (202) 
366-9285.

SUPPLEMENTARY INFORMATION: 14 CFR Part 373, Implementation of the Equal 
Access to Justice Act, was promulgated by the now-defunct Civil 
Aeronautics Board in 1982 (47 FR 16007, April 14, 1982). The Civil 
Aeronautics Board issued this regulation to provide for the award of 
attorney fees and other expenses to eligible individuals and entities 
that were parties to certain administrative proceedings before that 
agency. On January 1, 1985, however, the Civil Aeronautics Board was 
sunsetted and its remaining statutory authority was transferred to the 
Department of Transportation. See Civil Aeronautics Board Sunset Act of 
1984, Public Law 98-443, 98 Stat. 1703. The Department of 
Transportation has a nearly identical regulation governing the award of 
these fees and expenses. This regulation is codified at 49 CFR Part 6. 
Consequently, there is no need to retain the Civil Aeronautics Board's 
duplicative regulation and it is being removed.
    The Department finds notice and comment unnecessary and contrary to 
the public interest because the rule is merely removing an obsolete 
procedural regulation in favor of the Departmental rule. This final 
rule is considered to be a nonsignificant rulemaking under DOT's 
regulatory policies and procedures, 44 FR 11034. The final rule was not 
subject to review by the Office of Information and Regulatory Affairs 
pursuant to Executive Order 12866. The rule will have no economic 
impact, and accordingly no regulatory evaluation

[[Page 29285]]

has been prepared. The final rule has been analyzed in accordance with 
the principles and criteria contained in Executive Order 12612, and it 
has been determined that it does not have sufficient federalism 
implications to warrant the preparation of a Federalism Assessment. The 
rule has also been reviewed under the Regulatory Flexibility Act. I 
certify that this rule would not have a significant economic impact on 
a substantial number of small entities under the meaning of the 
Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 373

    Claims, Equal access to justice, Lawyers.

    For the reasons set forth above, the Department of Transportation 
is taking the following action:
    1. The authority citation for Part 373 is:

    Authority: 5 U.S.C. 504.

PART 373--[REMOVED]

    2. Part 373 is removed.

    Issued this 31st day of May 1996 at Washington, DC.
Charles A. Hunnicutt,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 96-14615 Filed 6-7-96; 8:45 am]
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