Petitions for Rulemaking, Amendment, or Repeal, 47285-47287 [2016-16984]
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47285
Rules and Regulations
Federal Register
Vol. 81, No. 140
Thursday, July 21, 2016
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.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 3
[Docket No. DHS–2009–0009]
RIN 1601–AA56
Petitions for Rulemaking, Amendment,
or Repeal
Office of the Secretary, DHS.
Interim final rule.
AGENCY:
ACTION:
Pursuant to the
Administrative Procedure Act, the
Department of Homeland Security (DHS
or Department) is adopting a process
under which interested persons may
petition the Department to issue,
amend, or repeal a rule.
DATES: This rule is effective August 22,
2016. Comments must be submitted on
or before September 19, 2016.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0009, by one of the following
methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–343–4011.
(3) Mail: Danny Fischler, OGC, Mail
Stop 0485, 245 Murray Lane SW.,
Department of Homeland Security,
Washington, DC 20528–0485.
Instructions: In your submission,
please include the agency name and
docket number for this rulemaking. We
will post all comments, without any
change and including any personal
information contained in the comment,
to the public docket. All comments may
be read at https://www.reguations.gov.
We strongly encourage commenters to
submit comments through the Federal
eRulemaking Portal, as it is the best way
to ensure that we timely receive your
comment.
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SUMMARY:
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Docket: For access to the docket or to
read background documents or
comments, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Danny Fischler, Office of the General
Counsel, U.S. Department of Homeland
Security, 202–282–9822.
SUPPLEMENTARY INFORMATION:
I. Background
The Administrative Procedure Act
(APA) requires that each agency give
interested persons the right to petition
the agency for the issuance, amendment,
or repeal of a rule. 5 U.S.C. 553(e). Such
a petition is known as a ‘‘rulemaking
petition.’’ DHS is adopting this rule to
describe its procedures for receiving and
responding to rulemaking petitions.
Other federal agencies have adopted
similar petition procedures. See, e.g., 49
CFR 5.11, 5.13 (Department of
Transportation); 24 CFR 10.20
(Department of Housing and Urban
Development).
Two components of DHS have
component-specific regulations
governing rulemaking petitions. See 33
CFR 1.05–20 (U.S. Coast Guard); 44 CFR
1.17, 1.18 (Federal Emergency
Management Agency (FEMA)). This rule
leaves those regulations in place. This
rule, however, will cover petitions
related to all other components of the
Department.
II. Discussion of the Rule
The discussion below provides a
section-by-section description of the
rule’s provisions.
§ 3.1 Definitions
This section includes definitions that
apply throughout the rule.
§ 3.3 Applicability
This section describes the
applicability of this rule. Interested
persons who wish to submit a
rulemaking petition to DHS 1 must use
the process outlined in this rule, except
as follows:
(1) Interested persons who wish to
submit a rulemaking petition on a
matter related to the U.S. Coast Guard
must submit their request to the U.S.
Coast Guard pursuant to 33 CFR 1.05–
20.
1 Except as provided below, reference to DHS in
this rule also includes reference to DHS
components.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
(2) Interested persons who wish to
submit a rulemaking petition on a
matter related to FEMA must submit
their request to FEMA pursuant to 44
CFR 1.18.
In summary, the procedures described
in this rule cover rulemaking petitions
related to the rulemaking functions of
all Department components, except for
the U.S. Coast Guard and FEMA.
Accordingly, the procedures described
in this rule are the exclusive procedures
for submitting a rulemaking petition
related to the programs and authorities
of U.S. Citizenship and Immigration
Services, U.S. Customs and Border
Protection (except for customs-revenue
functions retained by the Department of
the Treasury under sections 412 and 415
of the Homeland Security Act and
Treasury Department Order No. 100–
16 2), U.S. Immigration and Customs
Enforcement, the National Protection
and Programs Directorate, and the
Transportation Security Administration
(TSA) among other Department
components.
§ 3.5
Format and Mailing Instructions.
This section provides instructions for
how to submit a rulemaking petition to
the Department. The petitioner must
clearly mark the rulemaking petition
itself as a rulemaking petition. In
addition, the petitioner must provide
essential contact information—
including a name and mailing address—
so that the Department is able to reply
to the petitioner. A petitioner may also
submit additional information, such as
telephone numbers, a fax number, and/
or an email address.
The Department will accept petitions
by mail (no courier service accepted) to
the address(es) designated in the
2 In November 2002, Congress passed the
Homeland Security Act, and DHS formally came
into being as a stand-alone, Cabinet-level
department. The Homeland Security Act transferred
the Customs Service to DHS, but did not transfer
authority related to customs-revenue functions to
DHS. Section 412 of the Homeland Security Act
provided that the Treasury Department retained
customs-revenue function authority, but that the
Treasury Department could delegate this authority
to DHS. By Treasury Department Order 100–16,
Treasury delegated to the Secretary of Homeland
Security the authority related to the customs
revenue functions subject to certain exceptions.
One of the exceptions provides that the Secretary
of the Treasury retains the sole authority to approve
regulations concerning certain specified customsrevenue subject matters. For further discussion of
custom-revenue function authority, see the
Appendix to 19 CFR part 0.
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations
regulation. The Department will accept
most petitions for rulemaking at a single
address, however, petitioners may also
submit petitions related to TSA-specific
authorities directly to TSA, at the
address in the regulation.
Section 3.5 contains the minimum
procedural requirements for formatting
and submitting a rulemaking petition
under this regulation. In the interest of
efficiency and sound public
administration, DHS may decline to
accept as a rulemaking petition any
correspondence that does not meet these
basic requirements.
§ 3.7
Content of a Rulemaking Petition
This section discusses the substantive
content of a rulemaking petition. DHS
encourages petitioners to submit
rulemaking petitions that clearly
explain what the petitioner is
requesting, identify specific regulations,
and include actionable data. DHS is
better positioned to understand and
respond to a rulemaking petition if it
describes with reasonable particularity
the rule that the petitioner is asking
DHS to issue, amend, or repeal, as well
as the factual and legal basis for the
petition. The regulatory text highlights
some items that would help DHS to
understand and respond to a petition.
DHS may deny the petition if it does not
adequately describe what the petition is
requesting and provide adequate
support for the request.
The regulation describes DHS’s
process for responding to rulemaking
petitions. This section states that DHS,
in its discretion, may solicit public
comment on a rulemaking petition.
Following appropriate consideration of
a rulemaking petition, DHS responds to
the petition by letter or by Federal
Register publication. The responsible
official may grant or deny the petition,
in whole or in part. Granting the
petition means that DHS is initiating
regulatory action.
By contrast to the final disposition
outcomes described immediately above,
DHS may also deny or summarily
dismiss without prejudice any petition
that is moot, premature, repetitive,
frivolous, or which plainly does not
warrant further consideration.
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III. Regulatory Analyses
A. Administrative Procedure Act
This is a rule of agency organization,
procedure, or practice under the
Administrative Procedure Act, 5 U.S.C.
553(b)(A). Although the Administrative
Procedure Act does not require DHS to
14:56 Jul 20, 2016
Jkt 238001
B. Executive Order 12866 Assessment
(Regulatory Planning and Review)
Executive Orders 13563 and 12866
direct agencies to assess the costs and
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, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule is
not a significant regulatory action for
the purposes of Executive Order 12866,
as amended, and therefore review by the
Office of Management and Budget is not
necessary.
This rule describes how to petition
DHS to issue, amend, or repeal a rule.
The rule’s qualitative benefits include
additional transparency and
accountability for the public. The rule
imposes no additional costs on the
public or the government.
(DHS) that reports directly to the Office
of the Secretary.
DHS means the U.S. Department of
Homeland Security, including its
components.
Rulemaking petition means a petition
to issue, amend, or repeal a rule, as
described at 5 U.S.C. 553(e).
§ 3.3
Applicability.
(a) General requirement. Except as
provided in paragraph (b) of this
section, this part prescribes the
exclusive process for interested persons
to submit a rulemaking petition on a
matter within DHS’s jurisdiction.
(b) Exceptions—(1) U.S. Coast Guard.
This part does not apply to any petition
for rulemaking directed to the U.S.
Coast Guard. Such petitions are
governed by 33 CFR 1.05–20.
(2) Federal Emergency Management
Agency. This part does not apply to any
petition for rulemaking directed to the
Federal Emergency Management
Agency. Such petitions are governed by
44 CFR 1.18.
§ 3.5
Format and mailing instructions.
Authority: 5 U.S.C. 301, 553(e); 6 U.S.C.
112.
§ 3.9 Responding to a Rulemaking
Petition
VerDate Sep<11>2014
provide a period of advance notice and
opportunity for public comment, DHS
invites public comment on this rule.
(a) Format. A rulemaking petition
must include in a prominent location—
(1) The words ‘‘Petition for
Rulemaking’’ or ‘‘Rulemaking Petition;’’
and
(2) The petitioner’s name and a
mailing address, in addition to any
other contact information (such as
telephone number or email) that the
petitioner chooses to include.
(b) Mailing instructions—(1) General
mailing address. Any interested person
may submit a rulemaking petition by
sending it to the following address: U.S.
Department of Homeland Security,
Office of the General Counsel, Mail Stop
0485, Attn: Regulatory Affairs Law
Division, 245 Murray Lane SW.,
Washington, DC 20528–0485.
(2) Transportation Security
Administration mailing address. Any
interested person may submit a
rulemaking petition regarding a
Transportation Security Administration
program or authority directly to the
Transportation Security Administration
by sending it to the following address:
Transportation Security Administration,
Office of the Chief Counsel, TSA–2,
Attn: Regulations and Security
Standards Division, 601 South 12th
Street, Arlington, VA 20598–6002.
(3) DHS does not accept rulemaking
petitions delivered by courier.
§ 3.1
§ 3.7
C. Regulatory Flexibility Act
This rule does not require a general
notice of proposed rulemaking and,
therefore, is exempt from the
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.
D. Paperwork Reduction Act
This rule does not contain or modify
any collections of information under the
Paperwork Reduction Act. See 44 U.S.C.
3501 et seq.
List of Subjects in 6 CFR Part 3
Administrative practice and
procedure.
For the reasons set forth in the
preamble, DHS amends 6 CFR chapter I
by adding part 3 to read as follows:
PART 3—PETITIONS FOR
RULEMAKING
Sec.
3.1
3.3
3.5
3.7
3.9
Definitions.
Applicability.
Format and mailing instructions.
Content of a rulemaking petition.
Responding to a rulemaking petition.
Definitions.
As used in this part:
Component means each separate
organizational entity within the U.S.
Department of Homeland Security
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Sfmt 4700
Content of a rulemaking petition.
(a) DHS will be better positioned to
understand and respond to a rulemaking
petition if the petition describes with
reasonable particularity the rule that the
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Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations
petitioner is asking DHS to issue,
amend, or repeal, and the factual and
legal basis for the petition. For instance,
DHS would be better able to understand
and respond to a petition that
includes—
(1) A description of the specific
problem that the requested rulemaking
would address;
(2) An explanation of how the
requested rulemaking would resolve
this problem;
(3) Data and other information that
would be relevant to DHS’s
consideration of the petition;
(4) A description of the substance of
the requested rulemaking; and
(5) Citation to the pertinent existing
regulations provisions (if any) and
pertinent DHS legal authority for taking
action.
(b) [Reserved]
§ 3.9
Responding to a rulemaking petition.
(a) Public procedure. DHS may, in its
discretion, seek broader public
comment on a rulemaking petition prior
to its disposition under this section.
(b) Disposition. DHS may respond to
the petition by letter or by Federal
Register publication. DHS may grant or
deny the petition, in whole or in part.
(c) Grounds for denial. DHS may deny
the petition for any reason consistent
with law, including, but not limited to,
the following reasons: The petition has
no merit, the petition is contrary to
pertinent statutory authority, the
petition is not supported by the relevant
information or data, or the petition
cannot be addressed because of other
priorities or resource constraints.
(d) Summary disposition. DHS may,
by written letter, deny or summarily
dismiss without prejudice any petition
that is moot, premature, repetitive, or
frivolous, or that plainly does not
warrant further consideration.
Jeh Charles Johnson,
Secretary.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2015–7203; Airspace
Docket No. 15–ASO–14]
Establishment of Class D Airspace:
Destin, FL; Duke Field, Eglin AFB, FL;
Revocation of Class D Airspace; Eglin
AF Aux No 3 Duke Field, FL; and
Amendment of Class D and E
Airspace; Eglin Air Force Base, FL;
Eglin Hurlburt Field, FL; and
Crestview, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Delay of effective date,
disposition of comment.
AGENCY:
This action changes the
effective date of a final rule published
June 21, 2016, establishing Class D
airspace at Destin, FL, providing the
controlled airspace required for the Air
Traffic Control Tower at Destin
Executive Airport, (formerly Destin-Fort
Walton Beach Airport). This allows for
the disposition of comments received
but not acknowledged prior to
publishing the final rule. This action
addresses a comment received, but not
previously acknowledged.
DATES: This correction is effective 0901
UTC, November 10, 2016, and the
effective date of the rule amending 14
CFR part 71, published on June 21, 2016
(81 FR 40165), is delayed to 0901 UTC
November 10, 2016. The Director of the
Federal Register approves this
incorporation by reference action under
Title 1, Code of Federal Regulations,
part 51, subject to the annual revision of
FAA Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Authority for This Rulemaking
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[FR Doc. 2016–16984 Filed 7–20–16; 8:45 am]
History
The Federal Register published a
final rule (81 FR 40165, June 21, 2016)
Docket No. FAA–2015–7203,
establishing Class D airspace at Destin
Executive Airport, Destin, FL; and Duke
Field Eglin AFB, FL; removing Class D
airspace at Eglin AF Aux No 3 Duke
Field; and amending Class D and Class
E airspace at Eglin Air Force Base, FL.
Further review revealed one comment
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47287
was received, but not addressed. This
action corrects that error.
Class D and E airspace designations
are published in paragraphs 5000, 6002,
and 6005, respectively, of FAA Order
7400.9Z dated August 6, 2015, and
effective September 15, 2015, which is
incorporated by reference in 14 CFR
part 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.9Z, Airspace Designations and
Reporting Points, dated August 6, 2015,
and effective September 15, 2015. FAA
Order 7400.9Z is publicly available as
listed in the ADDRESSES section of this
document. FAA Order 7400.9Z lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
Correction to Final Rule
Accordingly, pursuant to the
authority delegated to me, in the
Federal Register of June 21, 2016 (81 FR
40165) FR Doc. FAA–2015–7203,
Establishment of Class D Airspace:
Destin, FL; Duke Field, Eglin AFB, FL;
Revocation of Class D Airspace; Eglin
AF Aux No 3 Duke Field, FL; and
Amendment of Class D and E Airspace;
Eglin Air Force Base, FL; Eglin Hurlburt
Field, FL; and Crestview, FL, is
corrected as follows:
On page 40165, column 3, on line 37,
Remove the following text: ‘‘July 21’’
and in its place, ‘‘November 10’’.
On page 40166, column 1, beginning
on line 47, remove the following text:
‘‘No comments were received’’ and in
its place add, ‘‘One comment was
received, from the Aircraft Owners and
Pilots Association, in support of the
rulemaking. The commenter requested
the FAA make clear all publications, so
as to relay the proper information
concerning this airspace to the flying
public. ’’
Issued in College Park, Georgia, on July 15,
2016.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2016–17246 Filed 7–20–16; 8:45 am]
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]]>Agencies
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Rules and Regulations]
[Pages 47285-47287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16984]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules
and Regulations
[[Page 47285]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 3
[Docket No. DHS-2009-0009]
RIN 1601-AA56
Petitions for Rulemaking, Amendment, or Repeal
AGENCY: Office of the Secretary, DHS.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Administrative Procedure Act, the Department
of Homeland Security (DHS or Department) is adopting a process under
which interested persons may petition the Department to issue, amend,
or repeal a rule.
DATES: This rule is effective August 22, 2016. Comments must be
submitted on or before September 19, 2016.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0009, by one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-343-4011.
(3) Mail: Danny Fischler, OGC, Mail Stop 0485, 245 Murray Lane SW.,
Department of Homeland Security, Washington, DC 20528-0485.
Instructions: In your submission, please include the agency name
and docket number for this rulemaking. We will post all comments,
without any change and including any personal information contained in
the comment, to the public docket. All comments may be read at https://www.reguations.gov. We strongly encourage commenters to submit comments
through the Federal eRulemaking Portal, as it is the best way to ensure
that we timely receive your comment.
Docket: For access to the docket or to read background documents or
comments, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Danny Fischler, Office of the General
Counsel, U.S. Department of Homeland Security, 202-282-9822.
SUPPLEMENTARY INFORMATION:
I. Background
The Administrative Procedure Act (APA) requires that each agency
give interested persons the right to petition the agency for the
issuance, amendment, or repeal of a rule. 5 U.S.C. 553(e). Such a
petition is known as a ``rulemaking petition.'' DHS is adopting this
rule to describe its procedures for receiving and responding to
rulemaking petitions. Other federal agencies have adopted similar
petition procedures. See, e.g., 49 CFR 5.11, 5.13 (Department of
Transportation); 24 CFR 10.20 (Department of Housing and Urban
Development).
Two components of DHS have component-specific regulations governing
rulemaking petitions. See 33 CFR 1.05-20 (U.S. Coast Guard); 44 CFR
1.17, 1.18 (Federal Emergency Management Agency (FEMA)). This rule
leaves those regulations in place. This rule, however, will cover
petitions related to all other components of the Department.
II. Discussion of the Rule
The discussion below provides a section-by-section description of
the rule's provisions.
Sec. 3.1 Definitions
This section includes definitions that apply throughout the rule.
Sec. 3.3 Applicability
This section describes the applicability of this rule. Interested
persons who wish to submit a rulemaking petition to DHS \1\ must use
the process outlined in this rule, except as follows:
---------------------------------------------------------------------------
\1\ Except as provided below, reference to DHS in this rule also
includes reference to DHS components.
---------------------------------------------------------------------------
(1) Interested persons who wish to submit a rulemaking petition on
a matter related to the U.S. Coast Guard must submit their request to
the U.S. Coast Guard pursuant to 33 CFR 1.05-20.
(2) Interested persons who wish to submit a rulemaking petition on
a matter related to FEMA must submit their request to FEMA pursuant to
44 CFR 1.18.
In summary, the procedures described in this rule cover rulemaking
petitions related to the rulemaking functions of all Department
components, except for the U.S. Coast Guard and FEMA. Accordingly, the
procedures described in this rule are the exclusive procedures for
submitting a rulemaking petition related to the programs and
authorities of U.S. Citizenship and Immigration Services, U.S. Customs
and Border Protection (except for customs-revenue functions retained by
the Department of the Treasury under sections 412 and 415 of the
Homeland Security Act and Treasury Department Order No. 100-16 \2\),
U.S. Immigration and Customs Enforcement, the National Protection and
Programs Directorate, and the Transportation Security Administration
(TSA) among other Department components.
---------------------------------------------------------------------------
\2\ In November 2002, Congress passed the Homeland Security Act,
and DHS formally came into being as a stand-alone, Cabinet-level
department. The Homeland Security Act transferred the Customs
Service to DHS, but did not transfer authority related to customs-
revenue functions to DHS. Section 412 of the Homeland Security Act
provided that the Treasury Department retained customs-revenue
function authority, but that the Treasury Department could delegate
this authority to DHS. By Treasury Department Order 100-16, Treasury
delegated to the Secretary of Homeland Security the authority
related to the customs revenue functions subject to certain
exceptions. One of the exceptions provides that the Secretary of the
Treasury retains the sole authority to approve regulations
concerning certain specified customs-revenue subject matters. For
further discussion of custom-revenue function authority, see the
Appendix to 19 CFR part 0.
---------------------------------------------------------------------------
Sec. 3.5 Format and Mailing Instructions.
This section provides instructions for how to submit a rulemaking
petition to the Department. The petitioner must clearly mark the
rulemaking petition itself as a rulemaking petition. In addition, the
petitioner must provide essential contact information--including a name
and mailing address--so that the Department is able to reply to the
petitioner. A petitioner may also submit additional information, such
as telephone numbers, a fax number, and/or an email address.
The Department will accept petitions by mail (no courier service
accepted) to the address(es) designated in the
[[Page 47286]]
regulation. The Department will accept most petitions for rulemaking at
a single address, however, petitioners may also submit petitions
related to TSA-specific authorities directly to TSA, at the address in
the regulation.
Section 3.5 contains the minimum procedural requirements for
formatting and submitting a rulemaking petition under this regulation.
In the interest of efficiency and sound public administration, DHS may
decline to accept as a rulemaking petition any correspondence that does
not meet these basic requirements.
Sec. 3.7 Content of a Rulemaking Petition
This section discusses the substantive content of a rulemaking
petition. DHS encourages petitioners to submit rulemaking petitions
that clearly explain what the petitioner is requesting, identify
specific regulations, and include actionable data. DHS is better
positioned to understand and respond to a rulemaking petition if it
describes with reasonable particularity the rule that the petitioner is
asking DHS to issue, amend, or repeal, as well as the factual and legal
basis for the petition. The regulatory text highlights some items that
would help DHS to understand and respond to a petition. DHS may deny
the petition if it does not adequately describe what the petition is
requesting and provide adequate support for the request.
Sec. 3.9 Responding to a Rulemaking Petition
The regulation describes DHS's process for responding to rulemaking
petitions. This section states that DHS, in its discretion, may solicit
public comment on a rulemaking petition. Following appropriate
consideration of a rulemaking petition, DHS responds to the petition by
letter or by Federal Register publication. The responsible official may
grant or deny the petition, in whole or in part. Granting the petition
means that DHS is initiating regulatory action.
By contrast to the final disposition outcomes described immediately
above, DHS may also deny or summarily dismiss without prejudice any
petition that is moot, premature, repetitive, frivolous, or which
plainly does not warrant further consideration.
III. Regulatory Analyses
A. Administrative Procedure Act
This is a rule of agency organization, procedure, or practice under
the Administrative Procedure Act, 5 U.S.C. 553(b)(A). Although the
Administrative Procedure Act does not require DHS to provide a period
of advance notice and opportunity for public comment, DHS invites
public comment on this rule.
B. Executive Order 12866 Assessment (Regulatory Planning and Review)
Executive Orders 13563 and 12866 direct agencies to assess the
costs and 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, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule is not a significant regulatory action for the
purposes of Executive Order 12866, as amended, and therefore review by
the Office of Management and Budget is not necessary.
This rule describes how to petition DHS to issue, amend, or repeal
a rule. The rule's qualitative benefits include additional transparency
and accountability for the public. The rule imposes no additional costs
on the public or the government.
C. Regulatory Flexibility Act
This rule does not require a general notice of proposed rulemaking
and, therefore, is exempt from the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq.
D. Paperwork Reduction Act
This rule does not contain or modify any collections of information
under the Paperwork Reduction Act. See 44 U.S.C. 3501 et seq.
List of Subjects in 6 CFR Part 3
Administrative practice and procedure.
For the reasons set forth in the preamble, DHS amends 6 CFR chapter
I by adding part 3 to read as follows:
PART 3--PETITIONS FOR RULEMAKING
Sec.
3.1 Definitions.
3.3 Applicability.
3.5 Format and mailing instructions.
3.7 Content of a rulemaking petition.
3.9 Responding to a rulemaking petition.
Authority: 5 U.S.C. 301, 553(e); 6 U.S.C. 112.
Sec. 3.1 Definitions.
As used in this part:
Component means each separate organizational entity within the U.S.
Department of Homeland Security (DHS) that reports directly to the
Office of the Secretary.
DHS means the U.S. Department of Homeland Security, including its
components.
Rulemaking petition means a petition to issue, amend, or repeal a
rule, as described at 5 U.S.C. 553(e).
Sec. 3.3 Applicability.
(a) General requirement. Except as provided in paragraph (b) of
this section, this part prescribes the exclusive process for interested
persons to submit a rulemaking petition on a matter within DHS's
jurisdiction.
(b) Exceptions--(1) U.S. Coast Guard. This part does not apply to
any petition for rulemaking directed to the U.S. Coast Guard. Such
petitions are governed by 33 CFR 1.05-20.
(2) Federal Emergency Management Agency. This part does not apply
to any petition for rulemaking directed to the Federal Emergency
Management Agency. Such petitions are governed by 44 CFR 1.18.
Sec. 3.5 Format and mailing instructions.
(a) Format. A rulemaking petition must include in a prominent
location--
(1) The words ``Petition for Rulemaking'' or ``Rulemaking
Petition;'' and
(2) The petitioner's name and a mailing address, in addition to any
other contact information (such as telephone number or email) that the
petitioner chooses to include.
(b) Mailing instructions--(1) General mailing address. Any
interested person may submit a rulemaking petition by sending it to the
following address: U.S. Department of Homeland Security, Office of the
General Counsel, Mail Stop 0485, Attn: Regulatory Affairs Law Division,
245 Murray Lane SW., Washington, DC 20528-0485.
(2) Transportation Security Administration mailing address. Any
interested person may submit a rulemaking petition regarding a
Transportation Security Administration program or authority directly to
the Transportation Security Administration by sending it to the
following address: Transportation Security Administration, Office of
the Chief Counsel, TSA-2, Attn: Regulations and Security Standards
Division, 601 South 12th Street, Arlington, VA 20598-6002.
(3) DHS does not accept rulemaking petitions delivered by courier.
Sec. 3.7 Content of a rulemaking petition.
(a) DHS will be better positioned to understand and respond to a
rulemaking petition if the petition describes with reasonable
particularity the rule that the
[[Page 47287]]
petitioner is asking DHS to issue, amend, or repeal, and the factual
and legal basis for the petition. For instance, DHS would be better
able to understand and respond to a petition that includes--
(1) A description of the specific problem that the requested
rulemaking would address;
(2) An explanation of how the requested rulemaking would resolve
this problem;
(3) Data and other information that would be relevant to DHS's
consideration of the petition;
(4) A description of the substance of the requested rulemaking; and
(5) Citation to the pertinent existing regulations provisions (if
any) and pertinent DHS legal authority for taking action.
(b) [Reserved]
Sec. 3.9 Responding to a rulemaking petition.
(a) Public procedure. DHS may, in its discretion, seek broader
public comment on a rulemaking petition prior to its disposition under
this section.
(b) Disposition. DHS may respond to the petition by letter or by
Federal Register publication. DHS may grant or deny the petition, in
whole or in part.
(c) Grounds for denial. DHS may deny the petition for any reason
consistent with law, including, but not limited to, the following
reasons: The petition has no merit, the petition is contrary to
pertinent statutory authority, the petition is not supported by the
relevant information or data, or the petition cannot be addressed
because of other priorities or resource constraints.
(d) Summary disposition. DHS may, by written letter, deny or
summarily dismiss without prejudice any petition that is moot,
premature, repetitive, or frivolous, or that plainly does not warrant
further consideration.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-16984 Filed 7-20-16; 8:45 am]
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