Petitions for Rulemaking, Amendment, or Repeal; Technical Amendment, 23499-23500 [2024-07034]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 89, Number 66 (Thursday, April 4, 2024)]
[Rules and Regulations]
[Pages 23499-23500]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07034]



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Rules and Regulations
                                                Federal Register
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under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 89, No. 66 / Thursday, April 4, 2024 / Rules 
and Regulations

[[Page 23499]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 3


Petitions for Rulemaking, Amendment, or Repeal; Technical 
Amendment

AGENCY: Office of the Secretary, Department of Homeland Security (DHS).

ACTION: Final rule; technical amendment.

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SUMMARY: This final rule amends the affected regulation by correcting a 
cross-reference error and updating the mailing address interested 
persons should use when submitting a petition for rulemaking to the 
Transportation Security Administration (TSA). This action does not 
create or change any substantive requirement or right.

DATES: This rule is effective April 4, 2024.

FOR FURTHER INFORMATION CONTACT: David F. Graham, Attorney-Advisor, 
U.S. Department of Homeland Security, Office of the General Counsel, 
245 Murray Lane SW, Mail Stop 0485, Washington, DC 20528-0485, 
telephone (202) 814-0416.

SUPPLEMENTARY INFORMATION: 

I. Discussion of the Rule

    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.\1\ Such a petition is known 
as a ``rulemaking petition.'' On November 28, 2016, the DHS published a 
final rule describing its procedures for receiving and responding to 
rulemaking petitions.\2\ Among other provisions, the 2016 final rule 
identified the mailing address for rulemaking petitions directed 
towards the Transportation Security Administration as Transportation 
Security Administration, Office of the Chief Counsel, TSA-2, Attn: 
Regulations and Security Standards Division, 601 South 12th Street, 
Arlington, VA 20598-6002. The 2016 final rule also advised that 
rulemaking petitions directed towards the Federal Emergency Management 
Agency (FEMA) were governed by 44 CFR 1.18.
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    \1\ 5 U.S.C. 553(e).
    \2\ 81 FR 85401; see also 81 FR 47285 (July 21, 2016) (interim 
final rule).
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    The mailing address for the TSA Office of Chief Counsel has changed 
from 601 South 12th Street, Arlington, VA 20598-6002, to 6595 
Springfield Center Drive, Springfield, VA 20598-6002. This action 
amends 6 CFR 3.5(b)(2) to reflect the TSA's current and correct mailing 
address for receiving rulemaking petitions.
    In addition, the cross-reference to 44 CFR 1.18 is no longer 
current. Specifically, rulemaking petitions directed towards FEMA are 
now governed by 44 CFR 1.8. This action amends 6 CFR 3.3(b)(2) to 
reflect the correct citation.

II. Regulatory Analyses

    DHS considered numerous statutes and executive orders related to 
rulemaking when developing this technical amendment. Below are 
summarized analyses based on those statutes and executive orders.

A. Administrative Procedure Act

    DHS has determined that this rule is exempt from notice-and-comment 
rulemaking requirements under 5 U.S.C. 553(b)(A) and 5 U.S.C. 
553(b)(B). The amendments in this rule provide non-substantive 
technical, organizational, and conforming updates to a rule that itself 
constitutes a ``rule of agency organization, procedure, or practice'' 
not subject to the Administrative Procedure Act's (APA) notice and 
comment requirements under 5 U.S.C. 553(b)(A). In addition, these 
amendments are technical or editorial non-substantive changes, which 
are intended to update and correct two provisions within the CFR. These 
amendments are necessary to ensure the accuracy and clarity of the CFR. 
Neither of the amendments included in this action will have a 
substantive impact on the public, nor will they alter any substantive 
regulatory requirements. Accordingly, DHS finds for good cause that 
this final rule is exempt from public notice-and-comment rulemaking 
procedures under 5 U.S.C. 553(b)(B) because such procedures are 
unnecessary.
    Because this rule is procedural in nature, DHS finds that the 30-
day delayed effective date requirement for substantive rules does not 
apply, see 5 U.S.C. 553(d). In addition, because affected parties will 
not need time to adjust to the revisions made through this action, DHS 
finds that even if a 30-day delayed effective date requirement did 
apply to this action, good cause exists to make this technical 
amendment effective upon publication in the Federal Register under 5 
U.S.C. 553(d)(3).

B. Regulatory Flexibility Act and Executive Order 12866

    Because DHS has determined that this final rule is exempt from 
notice and comment rulemaking requirements, the provisions of the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply to this 
action. Furthermore, this final rule does not meet the criteria for a 
``significant regulatory action'' as specified in Executive Order 
12866.

C. Paperwork Reduction Act

    There is no new or amended collection of information required by 
this action. Therefore, the provisions of the Paperwork Reduction Act 
of 1995 are inapplicable.

D. National Environmental Policy Act (NEPA)

    DHS reviews proposed actions to determine whether the National 
Environmental Policy Act (NEPA) applies to them and, if so, what degree 
of analysis is required. DHS Directive 023-01 Rev. 01 (Directive) and 
Instruction Manual 023-01-001-01 Rev. 01 (Instruction Manual) establish 
the procedures that DHS and its components use to comply with NEPA and 
the Council on Environmental Quality (CEQ) regulations for implementing 
NEPA, 40 CFR parts 1500 through 1508.
    The CEQ regulations allow Federal agencies to establish, with CEQ 
review and concurrence, categories of actions (``categorical 
exclusions'') which experience has shown do not individually or 
cumulatively have a significant effect on the human environment and, 
therefore, do not require an Environmental Assessment

[[Page 23500]]

(EA) or Environmental Impact Statement (EIS). 40 CFR 1507.3(b)(2)(ii), 
1508.4. For an action to be categorically excluded, it must satisfy 
each of the following three conditions: (1) the entire action clearly 
fits within one or more of the categorical exclusions; (2) the action 
is not a piece of a larger action; and (3) no extraordinary 
circumstances exist that create the potential for a significant 
environmental effect. Instruction Manual section V.B(2)(a)-(c).
    This final rule is a technical amendment that provides non-
substantive technical and organizational updates. Therefore, it clearly 
fits within categorical exclusion A3(a) ``Promulgation of rules . . . 
of a strictly administrative or procedural nature.'' Instruction 
Manual, Appendix A, Table 1. Furthermore, this final rule is not part 
of a larger action and presents no extraordinary circumstances creating 
the potential for significant environmental impacts. Therefore, the 
amendment is categorically excluded from further NEPA review.

E. Federalism

    Under Executive Order 13132 (Federalism), agencies must consider 
whether a rule has federalism implications. DHS has determined that 
this technical amendment does not have federalism implications because 
it does not create a substantial direct effect on States, on the 
relationship between the National Government and States, or the 
distribution of power and responsibilities among the various levels of 
government.

F. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-38, 
requires agencies to consider whether a rule will result in the 
expenditure of $100,000,000 or more (adjusted annually for inflation) 
in any one year by State, local, and Tribal governments, in the 
aggregate, or by the private sector. This technical amendment will not 
result in such an expenditure.

G. The Congressional Review Act

    Before a rule can take effect, 5 U.S.C. 801, the Congressional 
Review Act requires agencies to submit the rule and a report indicating 
whether it is a major rule to Congress and the Comptroller General. 
Under 5 U.S.C. 804(3)(C), rules of agency organization, procedure, or 
practice that do not substantially affect the rights or obligations of 
non-agency parties are not considered to be a rule for the purposes of 
the Congressional Review Act. This citation correction, as well as the 
updated mailing address constitute a rule of agency organization, 
procedure, or practice that will have no substantive effect on the 
public. Thus, DHS is not required to submit this technical amendment to 
Congress and the Comptroller General under the Congressional Review 
Act.

List of Subjects in 6 CFR Part 3

    Administrative practice and procedure, Petitions for rulemaking.

    For the reasons stated in the preamble, the Department of Homeland 
Security amends 6 CFR part 3 as follows:

PART 3--PETITIONS FOR RULEMAKING

0
1. The authority citation for part 3 continues to read as follows:

    Authority:  5 U.S.C. 301, 553(e); 6 U.S.C. 112.


Sec.  3.3  [Amended]

0
2. In Sec.  3.3(b)(2), remove the text ``44 CFR 1.18'' and add, in its 
place, the text ``44 CFR 1.8''.


Sec.  3.5  [Amended]

0
3. In Sec.  3.5(b)(2), remove the text ``601 South 12th Street, 
Arlington, VA 20598-6002'' and add, in its place, the text ``6595 
Springfield Center Drive, Springfield, VA 20598-6002''.

Alejandro N. Mayorkas,
Secretary, U.S. Department of Homeland Security.
[FR Doc. 2024-07034 Filed 4-3-24; 8:45 am]
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