81 FR 47285 - Petitions for Rulemaking, Amendment, or Repeal
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 81, Issue 140 (July 21, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 140 (July 21, 2016)
| Page Range | 47285-47287 | |
| FR Document | 2016-16984 |
[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)] [Rules and Regulations] [Pages 47285-47287] From the Federal Register Online [www.thefederalregister.org] [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: http://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 http://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 http://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] BILLING CODE 9110-9B-P
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Rules and Regulations Federal Register
Vol. 81, No. 140
Thursday, July 21, 2016
This section of the FEDERAL REGISTER Docket: For access to the docket or to (2) Interested persons who wish to
contains regulatory documents having general read background documents or submit a rulemaking petition on a
applicability and legal effect, most of which comments, go to http:// matter related to FEMA must submit
are keyed to and codified in the Code of www.regulations.gov. their request to FEMA pursuant to 44
Federal Regulations, which is published under CFR 1.18.
50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT:
Danny Fischler, Office of the General In summary, the procedures described
The Code of Federal Regulations is sold by Counsel, U.S. Department of Homeland in this rule cover rulemaking petitions
the Superintendent of Documents. Prices of Security, 202–282–9822. related to the rulemaking functions of
new books are listed in the first FEDERAL
SUPPLEMENTARY INFORMATION:
all Department components, except for
REGISTER issue of each week. the U.S. Coast Guard and FEMA.
I. Background Accordingly, the procedures described
The Administrative Procedure Act in this rule are the exclusive procedures
DEPARTMENT OF HOMELAND (APA) requires that each agency give for submitting a rulemaking petition
SECURITY interested persons the right to petition related to the programs and authorities
the agency for the issuance, amendment, of U.S. Citizenship and Immigration
Office of the Secretary Services, U.S. Customs and Border
or repeal of a rule. 5 U.S.C. 553(e). Such
a petition is known as a ‘‘rulemaking Protection (except for customs-revenue
6 CFR Part 3 functions retained by the Department of
petition.’’ DHS is adopting this rule to
[Docket No. DHS–2009–0009] describe its procedures for receiving and the Treasury under sections 412 and 415
responding to rulemaking petitions. of the Homeland Security Act and
RIN 1601–AA56 Other federal agencies have adopted Treasury Department Order No. 100–
similar petition procedures. See, e.g., 49 16 2), U.S. Immigration and Customs
Petitions for Rulemaking, Amendment, CFR 5.11, 5.13 (Department of Enforcement, the National Protection
or Repeal Transportation); 24 CFR 10.20 and Programs Directorate, and the
(Department of Housing and Urban Transportation Security Administration
AGENCY: Office of the Secretary, DHS. (TSA) among other Department
Development).
ACTION: Interim final rule. Two components of DHS have components.
component-specific regulations § 3.5 Format and Mailing Instructions.
SUMMARY: Pursuant to the
governing rulemaking petitions. See 33
Administrative Procedure Act, the This section provides instructions for
CFR 1.05–20 (U.S. Coast Guard); 44 CFR
Department of Homeland Security (DHS how to submit a rulemaking petition to
1.17, 1.18 (Federal Emergency
or Department) is adopting a process the Department. The petitioner must
Management Agency (FEMA)). This rule
under which interested persons may clearly mark the rulemaking petition
leaves those regulations in place. This
petition the Department to issue, itself as a rulemaking petition. In
rule, however, will cover petitions
amend, or repeal a rule. addition, the petitioner must provide
related to all other components of the
DATES: This rule is effective August 22, Department. essential contact information—
2016. Comments must be submitted on including a name and mailing address—
or before September 19, 2016. II. Discussion of the Rule so that the Department is able to reply
ADDRESSES: You may submit comments, The discussion below provides a to the petitioner. A petitioner may also
identified by docket number DHS– section-by-section description of the submit additional information, such as
2009–0009, by one of the following rule’s provisions. telephone numbers, a fax number, and/
methods: or an email address.
§ 3.1 Definitions
(1) Federal eRulemaking Portal: The Department will accept petitions
http://www.regulations.gov. This section includes definitions that by mail (no courier service accepted) to
(2) Fax: 202–343–4011. apply throughout the rule. the address(es) designated in the
(3) Mail: Danny Fischler, OGC, Mail § 3.3 Applicability 2 In November 2002, Congress passed the
Stop 0485, 245 Murray Lane SW.,
This section describes the Homeland Security Act, and DHS formally came
Department of Homeland Security,
applicability of this rule. Interested into being as a stand-alone, Cabinet-level
Washington, DC 20528–0485. department. The Homeland Security Act transferred
persons who wish to submit a
Instructions: In your submission, the Customs Service to DHS, but did not transfer
rulemaking petition to DHS 1 must use authority related to customs-revenue functions to
please include the agency name and
the process outlined in this rule, except DHS. Section 412 of the Homeland Security Act
docket number for this rulemaking. We
as follows: provided that the Treasury Department retained
will post all comments, without any customs-revenue function authority, but that the
(1) Interested persons who wish to
change and including any personal Treasury Department could delegate this authority
submit a rulemaking petition on a to DHS. By Treasury Department Order 100–16,
information contained in the comment,
matter related to the U.S. Coast Guard Treasury delegated to the Secretary of Homeland
to the public docket. All comments may
must submit their request to the U.S.
Lhorne on DSK30JT082PROD with RULES
Security the authority related to the customs
be read at http://www.reguations.gov. revenue functions subject to certain exceptions.
Coast Guard pursuant to 33 CFR 1.05–
We strongly encourage commenters to One of the exceptions provides that the Secretary
20. of the Treasury retains the sole authority to approve
submit comments through the Federal
regulations concerning certain specified customs-
eRulemaking Portal, as it is the best way 1 Except as provided below, reference to DHS in revenue subject matters. For further discussion of
to ensure that we timely receive your this rule also includes reference to DHS custom-revenue function authority, see the
comment. components. Appendix to 19 CFR part 0.
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![Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Rules and Regulations 47287
petitioner is asking DHS to issue, DEPARTMENT OF TRANSPORTATION was received, but not addressed. This
amend, or repeal, and the factual and action corrects that error.
legal basis for the petition. For instance, Federal Aviation Administration
Class D and E airspace designations
DHS would be better able to understand are published in paragraphs 5000, 6002,
and respond to a petition that 14 CFR Part 71
and 6005, respectively, of FAA Order
includes— 7400.9Z dated August 6, 2015, and
[Docket No. FAA–2015–7203; Airspace
(1) A description of the specific Docket No. 15–ASO–14] effective September 15, 2015, which is
problem that the requested rulemaking incorporated by reference in 14 CFR
would address; Establishment of Class D Airspace: part 71.1. The Class E airspace
(2) An explanation of how the Destin, FL; Duke Field, Eglin AFB, FL; designations listed in this document
requested rulemaking would resolve Revocation of Class D Airspace; Eglin will be published subsequently in the
this problem; AF Aux No 3 Duke Field, FL; and Order.
Amendment of Class D and E
(3) Data and other information that Airspace; Eglin Air Force Base, FL; Availability and Summary of
would be relevant to DHS’s Eglin Hurlburt Field, FL; and Documents for Incorporation by
consideration of the petition; Crestview, FL Reference
(4) A description of the substance of This document amends FAA Order
AGENCY: Federal Aviation
the requested rulemaking; and 7400.9Z, Airspace Designations and
Administration (FAA), DOT.
(5) Citation to the pertinent existing ACTION: Delay of effective date, Reporting Points, dated August 6, 2015,
regulations provisions (if any) and disposition of comment. and effective September 15, 2015. FAA
pertinent DHS legal authority for taking Order 7400.9Z is publicly available as
action. SUMMARY: This action changes the listed in the ADDRESSES section of this
(b) [Reserved] effective date of a final rule published document. FAA Order 7400.9Z lists
June 21, 2016, establishing Class D Class A, B, C, D, and E airspace areas,
§ 3.9 Responding to a rulemaking petition. airspace at Destin, FL, providing the air traffic service routes, and reporting
controlled airspace required for the Air points.
(a) Public procedure. DHS may, in its
Traffic Control Tower at Destin
discretion, seek broader public Executive Airport, (formerly Destin-Fort Correction to Final Rule
comment on a rulemaking petition prior Walton Beach Airport). This allows for
to its disposition under this section. the disposition of comments received Accordingly, pursuant to the
(b) Disposition. DHS may respond to but not acknowledged prior to authority delegated to me, in the
the petition by letter or by Federal publishing the final rule. This action Federal Register of June 21, 2016 (81 FR
Register publication. DHS may grant or addresses a comment received, but not 40165) FR Doc. FAA–2015–7203,
deny the petition, in whole or in part. previously acknowledged. Establishment of Class D Airspace:
DATES: This correction is effective 0901
Destin, FL; Duke Field, Eglin AFB, FL;
(c) Grounds for denial. DHS may deny Revocation of Class D Airspace; Eglin
the petition for any reason consistent UTC, November 10, 2016, and the
effective date of the rule amending 14 AF Aux No 3 Duke Field, FL; and
with law, including, but not limited to, Amendment of Class D and E Airspace;
the following reasons: The petition has CFR part 71, published on June 21, 2016
(81 FR 40165), is delayed to 0901 UTC Eglin Air Force Base, FL; Eglin Hurlburt
no merit, the petition is contrary to Field, FL; and Crestview, FL, is
pertinent statutory authority, the November 10, 2016. The Director of the
Federal Register approves this corrected as follows:
petition is not supported by the relevant
incorporation by reference action under On page 40165, column 3, on line 37,
information or data, or the petition
Title 1, Code of Federal Regulations, Remove the following text: ‘‘July 21’’
cannot be addressed because of other
part 51, subject to the annual revision of and in its place, ‘‘November 10’’.
priorities or resource constraints. FAA Order 7400.9 and publication of
(d) Summary disposition. DHS may, On page 40166, column 1, beginning
conforming amendments.
by written letter, deny or summarily on line 47, remove the following text:
FOR FURTHER INFORMATION CONTACT: John
dismiss without prejudice any petition ‘‘No comments were received’’ and in
Fornito, Operations Support Group, its place add, ‘‘One comment was
that is moot, premature, repetitive, or Eastern Service Center, Federal Aviation
frivolous, or that plainly does not received, from the Aircraft Owners and
Administration, P.O. Box 20636,
warrant further consideration. Pilots Association, in support of the
Atlanta, Georgia 30320; telephone (404)
305–6364. rulemaking. The commenter requested
Jeh Charles Johnson, the FAA make clear all publications, so
SUPPLEMENTARY INFORMATION:
Secretary. as to relay the proper information
[FR Doc. 2016–16984 Filed 7–20–16; 8:45 am] Authority for This Rulemaking concerning this airspace to the flying
BILLING CODE 9110–9B–P public. ’’
History
Issued in College Park, Georgia, on July 15,
The Federal Register published a
2016.
final rule (81 FR 40165, June 21, 2016)
Docket No. FAA–2015–7203, Ryan W. Almasy,
establishing Class D airspace at Destin Manager, Operations Support Group, Eastern
Lhorne on DSK30JT082PROD with RULES
Executive Airport, Destin, FL; and Duke Service Center, Air Traffic Organization.
Field Eglin AFB, FL; removing Class D [FR Doc. 2016–17246 Filed 7–20–16; 8:45 am]
airspace at Eglin AF Aux No 3 Duke BILLING CODE 4910–13–P
Field; and amending Class D and Class
E airspace at Eglin Air Force Base, FL.
Further review revealed one comment
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Document Created: 2018-02-08 07:58:47
Document Modified: 2018-02-08 07:58:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule. | |
| Dates | This rule is effective August 22, 2016. Comments must be submitted on or before September 19, 2016. | |
| Contact | Danny Fischler, Office of the General Counsel, U.S. Department of Homeland Security, 202-282-9822. | |
| FR Citation | 81 FR 47285 | |
| RIN Number | 1601-AA56 |
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