Ratification of Department Actions, 65653-65656 [2020-23067]

Download as PDF 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draft of the proposed guidance document is publicly available, shall post a link to the Federal Register notice and the draft guidance document on its guidance portal, shall invite public comment on the draft document for a minimum of 30 days, and shall prepare and post a public response to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]


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DEPARTMENT OF HOMELAND SECURITY

8 CFR Chapter I


Ratification of Department Actions

AGENCY: Department of Homeland Security (DHS).

ACTION: Ratification.

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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
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[FR Doc. 2020-23067 Filed 10-14-20; 4:15 pm]
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