Ratification of Department Actions, 65653-65656 [2020-23067]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Rules and Regulations
(2) To create serious inconsistency or
otherwise interfere with an action taken
or planned by another Federal agency;
(3) To alter materially the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) To raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in E.O. 12866.
(b) The term significant guidance
document does not include the
categories of documents excluded by
§ 120.2 or any other category of
guidance documents exempted in
writing by OPM in consultation with
OIRA.
§ 120.6 Procedure for guidance
documents identified as ‘‘significant.’’
(a) OPM will make an initial,
preliminary determination about a
guidance document’s significance.
Thereafter, OPM must submit the
guidance document to OIRA for its
determination whether guidance is
significant guidance, unless the
guidance is otherwise exempted from
such a determination by the
Administrator of OIRA.
(b) Significant guidance documents,
as determined by the Administrator of
OIRA, must be reviewed by OIRA under
E.O. 12866 before issuance; and must
demonstrate compliance with the
applicable requirements for regulations
or rules, including significant regulatory
actions, set forth in E.O. 12866, E.O.
13563, E.O. 13609, E.O. 13771, and E.O.
13777.
(c) Significant guidance documents
must be signed by the Director of OPM.
jbell on DSKJLSW7X2PROD with RULES
§ 120.7
Notice-and-comment procedures.
(a) Except as provided in paragraph
(b) of this section, all proposed OPM
guidance documents determined to be a
‘‘significant guidance document’’ within
the meaning of § 120.5 shall be subject
to the following informal notice-andcomment procedures. OPM shall
publish notification in the Federal
Register announcing that a draft of the
proposed guidance document is
publicly available, shall post a link to
the Federal Register notice and the draft
guidance document on its guidance
portal, shall invite public comment on
the draft document for a minimum of 30
days, and shall prepare and post a
public response to major concerns
raised in the comments, as appropriate,
on its guidance Web portal, either before
or when the guidance document is
finalized and issued.
(b) The requirements of paragraph (a)
of this section will not apply to any
significant guidance document or
VerDate Sep<11>2014
16:47 Oct 15, 2020
Jkt 253001
categories of significant guidance
documents for which OPM finds good
cause that notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest (and
incorporates the finding of good cause
and a brief statement of reasons
therefore in the guidance issued).
(c) Where appropriate, the originating
office may recommend to the Director of
OPM that a particular guidance
document that is otherwise of
importance to OPM’s interests shall also
be subject to the informal notice-andcomment procedures described in
paragraph (a) of this section.
§ 120.8 Petitions to withdraw or modify
guidance.
(a) Any person may petition OPM to
withdraw or modify a particular
guidance document as specified by
§ 120.4(b)(5).
(b) Any person may submit a petition
to OPM requesting withdrawal or
modification of any effective guidance
document by writing to OPM Office of
the Executive Secretariat at:
OPMExecSec@opm.gov, or U.S. Office of
Personnel Management Attn: Executive
Secretariat 1900 E Street NW,
Washington, DC 20415.
(c) OPM will respond to all requests
in a timely manner, but no later than 90
days after receipt of the request.
§ 120.9
Exceptional circumstances.
(a) A guidance document may be
exempted from the requirements of
section 120.6(b) or 120.7(a) by
agreement of OPM and OIRA for reasons
of exigency, safety, health, or other
compelling cause.
(b) In emergency situations or when
OPM is required by statutory deadline
or court order to act more quickly than
normal review procedures allow, OPM
will notify OIRA as soon as possible
and, to the extent practicable, shall
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
comply with the requirements of this
part at the earliest opportunity.
Wherever practicable, OPM should
schedule its proceedings to permit
sufficient time to comply with the
procedures set forth in this part.
§ 120.11
Reports to Congress and GAO.
When OPM adopts final guidance
constituting a ‘‘rule’’ under 5 U.S.C.
804, OPM will submit the reports to
Congress and GAO and comply with the
procedures specified by 5 U.S.C. 801
(commonly known as the Congressional
Review Act).
§ 120.12
rights.
No judicial review or enforceable
This part is intended to improve the
internal management of OPM. As such,
it is for the use of OPM personnel only
and is not intended to, and does not,
create any right or benefit, substantive
or procedural, enforceable at law or in
equity by any party against the United
States, its agencies or other entities, its
officers or employees, or any other
person.
[FR Doc. 2020–21393 Filed 10–15–20; 8:45 am]
BILLING CODE 6325–38–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Chapter I
Rescinded guidance.
(a) In the absence of a petition, OPM
may rescind a guidance document on
grounds that it is no longer accurate or
necessary.
(b) If OPM rescinds a guidance
document, the hyperlink to the
guidance document will be removed.
The name, title, unique identifier, and
date of rescission will be listed on the
guidance portal for at least one year
after rescission.
(c) No employee of OPM may cite,
use, or rely on rescinded guidance
documents, except to establish
historical facts, unless OMB makes an
exception for particular guidance
documents or categories of guidance
documents.
§ 120.10
65653
Ratification of Department Actions
Department of Homeland
Security (DHS).
ACTION: Ratification.
AGENCY:
The Department of Homeland
Security, through its Acting Secretary, is
publishing a notice of the ratification of
a number of previous actions by the
Department. The ratification provides
the public with certainty, by resolving
any potential defect in the validity of
those actions.
DATES: The ratification was signed on
October 7, 2020, and relates back to the
original date of each action that it
ratifies.
FOR FURTHER INFORMATION CONTACT: Leo
(Chip) Boucher, Assistant General
Counsel, Administrative Law, Office of
the General Counsel, Department of
Homeland Security Washington, DC
20528, (202) 282–9822.
SUPPLEMENTARY INFORMATION: The
Department of Homeland Security,
through its Acting Secretary, is ratifying
a number of previous actions by former
Acting Secretary Kevin K. McAleenan
and one previous action by U.S.
Citizenship and Immigration Services
Deputy Director for Policy Joseph
SUMMARY:
E:\FR\FM\16OCR1.SGM
16OCR1
Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
Edlow. The Department continues to
maintain that the prior succession order
designating Kevin K. McAleenan as
Acting Secretary was valid and that
Acting Secretary McAleenan had the
authority to take the actions being
ratified in the appendix. The
VerDate Sep<11>2014
16:47 Oct 15, 2020
Jkt 253001
Department issued this ratification and
is now publishing it in the Federal
Register out of an abundance of caution.
Neither the ratification nor the
publication is a statement that the
PO 00000
ratified actions would be invalid absent
the ratification.
Ian Brekke,
Deputy General Counsel, U.S. Department of
Homeland Security.
APPENDIX
BILLING CODE 9112–FP–P
Frm 00004
Fmt 4700
Sfmt 4725
E:\FR\FM\16OCR1.SGM
16OCR1
ER16OC20.001</GPH>
65654
VerDate Sep<11>2014
16:47 Oct 15, 2020
Jkt 253001
PO 00000
Frm 00005
Fmt 4700
Sfmt 4725
E:\FR\FM\16OCR1.SGM
16OCR1
65655
ER16OC20.002</GPH>
jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Rules and Regulations
Federal Register / Vol. 85, No. 201 / Friday, October 16, 2020 / Rules and Regulations
[FR Doc. 2020–23067 Filed 10–14–20; 4:15 pm]
BILLING CODE 9112–FP–C
NUCLEAR REGULATORY
COMMISSION
10 CFR Chapter I
[NRC–2020–0125]
jbell on DSKJLSW7X2PROD with RULES
RIN 3150–AK48
Miscellaneous Corrections
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
16:47 Oct 15, 2020
Jkt 253001
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
regulations to make miscellaneous
corrections. These changes include
redesignating footnotes, correcting
references, typographical errors,
nomenclature, titles, email addresses,
and contact information. This document
is necessary to inform the public of
these non-substantive amendments to
the NRC’s regulations.
SUMMARY:
This final rule is effective on
November 16, 2020.
DATES:
E:\FR\FM\16OCR1.SGM
16OCR1
ER16OC20.003</GPH>
65656
]]>Agencies
[Federal Register Volume 85, Number 201 (Friday, October 16, 2020)]
[Rules and Regulations]
[Pages 65653-65656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23067]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Chapter I
Ratification of Department Actions
AGENCY: Department of Homeland Security (DHS).
ACTION: Ratification.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security, through its Acting
Secretary, is publishing a notice of the ratification of a number of
previous actions by the Department. The ratification provides the
public with certainty, by resolving any potential defect in the
validity of those actions.
DATES: The ratification was signed on October 7, 2020, and relates back
to the original date of each action that it ratifies.
FOR FURTHER INFORMATION CONTACT: Leo (Chip) Boucher, Assistant General
Counsel, Administrative Law, Office of the General Counsel, Department
of Homeland Security Washington, DC 20528, (202) 282-9822.
SUPPLEMENTARY INFORMATION: The Department of Homeland Security, through
its Acting Secretary, is ratifying a number of previous actions by
former Acting Secretary Kevin K. McAleenan and one previous action by
U.S. Citizenship and Immigration Services Deputy Director for Policy
Joseph
[[Page 65654]]
Edlow. The Department continues to maintain that the prior succession
order designating Kevin K. McAleenan as Acting Secretary was valid and
that Acting Secretary McAleenan had the authority to take the actions
being ratified in the appendix. The Department issued this ratification
and is now publishing it in the Federal Register out of an abundance of
caution. Neither the ratification nor the publication is a statement
that the ratified actions would be invalid absent the ratification.
Ian Brekke,
Deputy General Counsel, U.S. Department of Homeland Security.
APPENDIX
BILLING CODE 9112-FP-P
[GRAPHIC] [TIFF OMITTED] TR16OC20.001
[[Page 65655]]
[GRAPHIC] [TIFF OMITTED] TR16OC20.002
[[Page 65656]]
[GRAPHIC] [TIFF OMITTED] TR16OC20.003
[FR Doc. 2020-23067 Filed 10-14-20; 4:15 pm]
BILLING CODE 9112-FP-C
