
[Federal Register: February 4, 2010 (Volume 75, Number 23)]
[Rules and Regulations]               
[Page 5697-5698]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04fe10-9]                         

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 314

RIN 2105-AD94

 
Employee Protection Program; Removal

AGENCY: Office of the Secretary (OST), Department of Transportation 
(DOT).

ACTION: Final rule.

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SUMMARY: This rule removes the procedural regulations of the Department 
of Transportation Employee Protection Program. These regulations are 
removed because the underlying program was repealed by an act of 
Congress and the program has been terminated.

DATES: Effective Date: February 4, 2010.

FOR FURTHER INFORMATION CONTACT: Bernard Diederich, Office of the 
General Counsel, 1200 New Jersey Ave., SE., Washington, DC 20590, (202) 
366-9159.

SUPPLEMENTARY INFORMATION: The Congress in 1978 established the 
Employee Protection Program, to be administered by the U.S. Department 
of Transportation. Section 43 of the Airline Deregulation Act of 1978, 
Public Law 95-504, 92 Stat. 1750, codified at 49 U.S.C. App. 1552 
(1991).
    The Program was intended to compensate covered airline employees 
who might have lost their employment or had their compensation reduced 
as a result of a bankruptcy or major employment contraction, if the 
major cause of the bankruptcy or major contraction was the change in 
regulatory structure provided by the Airline Deregulation Act. DOT 
established regulations to support the Program, based on the 
regulations previously established by the Civil Aeronautics Board, 
which previously handled the Program. 45 FR 49,291 (July 24, 1980); 47 
FR 9,744 (March 5, 1982); 50 FR 2,426 (January 16, 1985). The 
regulations were codified at 14 CFR Part 314. DOT conducted hearings 
under the regulations and issued a final DOT order with findings in 
initial selected cases, finding no basis to support any compensation 
under the Program. DOT Order 91-9-20, dated September 18, 1991, in DOT 
dockets 40201, 39783, 38978, 38883, and 38571.
    While appeals and processing of the Program were underway, the 
Program was repealed by Act of Congress, effective August 7, 1998. 
Section 199(a)(6) of the Workforce Investment Act of 1998, Public Law 
105-220, 112 Stat. 1059. The Program was codified as subchapter I of 
chapter 421 of title 49, United States Code, which was repealed at 
subsection (a)(6) of the Workforce Investment Act. See also 144 Cong. 
Rec. H6689 (daily ed. July 29, 1998).
    Accordingly, DOT has halted all action in the Program and is 
removing the Program regulations. DOT lacks a statutory basis for any 
further action on the Program.

Regulatory Analyses and Notices

A. Administrative Procedure Act

    The Department has determined that this rule may be issued without 
a prior opportunity for notice and comment because providing prior 
notice and comment would be unnecessary, impracticable, or contrary to 
the public interest. The Program was repealed by an Act of Congress in 
1998, thus there would not be any harm to any identifiable beneficiary 
by repealing the rule. The Department has ceased all actions under the 
regulations. Thus, this rule should be rescinded. For the same reasons, 
the Department finds that there is good cause to make the rule 
effective immediately.

B. Executive Order 12866 and Regulatory Flexibility Act

    The Department has determined that this action is not considered a 
significant regulatory action for purposes of Executive Order 12866 or 
the Department's regulatory policies and procedures. This rule is being 
adopted solely to rescind a rule that is no longer necessary due to the 
Congress repealing the program's statutory authority. Given the absence 
of compliance costs to anyone, I certify that final rule does not have 
a significant economic impact on a substantial number of small 
entities.

C. Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
final rule does not have a substantial direct effect on, or sufficient 
federalism implications for, the States, nor would it limit the 
policymaking discretion of the States. Therefore, the consultation 
requirements of Executive Order 13132 do not apply.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
does not significantly or uniquely affect the communities of the Indian 
tribal governments and does not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

E. Paperwork Reduction Act

    This rule contains no information collection requirements under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

F. Unfunded Mandates Reform Act

    The Department of Transportation has determined that the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply to this rulemaking.

[[Page 5698]]

List of Subjects in 14 CFR Part 314

    Administrative practice and procedure, Air transportation, Aviation 
safety, Hazardous materials transportation, Investigations, Law 
enforcement, Penalties.

0
Accordingly, under the authority of Section 199(a)(6) of the Workforce 
Investment Act of 1998, Public Law 105-220, 112 Stat. 1059, the 
Department of Transportation amends 14 CFR chapter 2 by removing part 
314:

PART 314--[REMOVED AND RESERVED]

    Issued in Washington, DC, on January 27, 2010.
Susan Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. 2010-2281 Filed 2-3-10; 8:45 am]
BILLING CODE 4910-9X-P

