[Federal Register Volume 61, Number 61 (Thursday, March 28, 1996)]
[Rules and Regulations]
[Pages 13763-13764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7364]
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DEPARTMENT OF JUSTICE
28 CFR Part 50
[AG ORDER NO. 2013-96]
RIN 1105-AA40
Removal of Procedures for Receipt and Consideration of Written
Comments Submitted Under Subsection 2(b) of the Antitrust Procedures
and Penalties Act
AGENCY: Department of Justice.
[[Page 13764]]
ACTION: Final rule.
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SUMMARY: This rule removes procedures for receipt and consideration of
written comments submitted under subsection 2(b) of the Antitrust
Procedures and Penalties Act from the Code of Federal Regulations. The
regulation is unnecessary, and its removal will help to streamline the
Code of Federal Regulations.
EFFECTIVE DATE: This final rule is effective March 28, 1996.
FOR FURTHER INFORMATION CONTACT: Howard Blumenthal, Assistant Chief,
Legal Policy Section, Antitrust Division, Room 3121 Main Justice
Building, 10th & Pennsylvania Avenue NW., Washington, DC 20530;
telephone (202) 514-2513.
SUPPLEMENTARY INFORMATION: 28 CFR 50.13 was promulgated pursuant to
section 2 of the Antitrust Procedures and Penalties Act (``Tunney Act''
or ``Act''), Pub. L. No. 93-528 (codified at 15 U.S.C. 16(b)-(h), as
amended). The Tunney Act requires that the Department of Justice
(``Department'') file proposed consent judgments in civil cases brought
under the antitrust laws with the district court before which such
cases are pending for a judicial determination that entry of such
judgments would be in the public interest. At least 60 days prior to
the effective date of any such judgment, the Department must publish in
the Federal Register the proposed judgment and a competitive impact
statement (``CIS'') setting forth certain additional information
including the background of the violation, an explanation of the
proposed consent judgment, and an evaluation of alternatives to the
proposed judgment actually considered by the United States. Summaries
of the judgment and CIS must also be published in several appropriate
newspapers. Both the Federal Register and newspaper notices must
solicit public comments concerning the proposed consent judgment. The
Department must supply the court with, and publish in the Federal
Register, copies of any comments received and the response of the
Department of such comments.
The Act requires the Attorney General or his designee to establish
procedures to carry out the Act's provisions concerning the receipt and
consideration of comments. 15 U.S.C. 16(d). In response, the Department
promulgated 28 CFR 50.13, which provides that comments should be
directed to the chief of the litigating section of the Antitrust
Division (``Division'') to which the case is assigned, and sets out
certain general procedures for handling such comments once they have
been received by the Division.
This regulation is not necessary, nor is it particularly helpful.
First, while the regulation provides generally that comments should be
sent to the chief of the section of the Antitrust Division handling the
case, the name and address of the Division attorney to whom comments
should be sent concerning particular proposed consent judgments is
always set out in the Federal Register and newspaper notices requesting
such comments. Second, more complete Division procedures for handling
Tunney Act comments once they have been received than are set out in 28
CFR 50.13 can be established by the Department without the need for a
regulation, and these procedures can then be adjusted without the need
formally to revise a regulation.
Therefore, because 28 CFR 50.13 is unnecessary and is not required
to be promulgated by the Tunney Act, the Department is removing this
provision from the Code of Federal Regulations.
Administrative Procedure Act, 5 U.S.C. 553
Because this regulation imposes no new requirements or
restrictions, the Department of Justice finds good cause for exempting
it from the provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment, and delay in effective date.
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.
Executive Order 12612
This regulation will not have substantial direct effects on the
states, on the relationship between the national government and the
states, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with E.O. 12612,
it is determined that this rule does not have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Executive Order 12866
This regulation has been drafted and reviewed in accordance with
E.O. 12866, Sec. 1(b), Principles of Regulation. The Department of
Justice has determined that this rule is not a ``significant regulatory
action'' under E.O. 12866, Sec. 3(f), and accordingly this rule has not
been reviewed by the Office of Management and Budget.
List of Subjects in 28 CFR Part 50
Administrative practice and procedure, Antitrust.
Accordingly, for the reasons set forth in the preamble, part 50 of
chapter I of title 28 of the Code of Federal Regulations is amended as
follows:
PART 50--STATEMENTS OF POLICY
1. The authority citation for part 50 is revised to read as
follows:
Authority: 5 U.S.C. 301, 552, 552a; 21 U.S.C. 881(f)(2); 28
U.S.C. 508, 509, 510, 516, 517, 518, 519; E.O. 12250, 45 FR 72995, 3
CFR, 1980 Comp., p. 298.
Sec. 50.13 [Removed]
2. Section 50.13 is removed.
Dated: March 19, 1996.
Janet Reno,
Attorney General.
[FR Doc. 96-7364 Filed 3-27-96; 8:45 am]
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