§ 399.2 — Exclusions

The following types of policies are generally not included in this part:

(a) Policies relating solely to the internal management of the Department;

(b) Policies requiring secrecy in the public interest or in the interest of national defense;

(c) Policies that are repetitive of 49 U.S.C. 40101;

(d) Policies that are fully expressed in a procedural or substantive rule of the Department, or in any opinion, decision, order, certificate, permit, exemption, or waiver of the Department;

(e) Expressions of encouragement or admonition to industry to follow a certain course of action;

(f) Positions on legislative items and on other matters that are outside the scope of the Department's current statutory powers and duties.