81 FR 85401 - Petitions for Rulemaking, Amendment, or Repeal

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 81, Issue 228 (November 28, 2016)

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.

[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Rules and Regulations]
[Page 85401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28561]



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Federal Register / Vol. 81, No. 228 / Monday, November 28, 2016 / 
Rules and Regulations

[[Page 85401]]



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: Final rule.

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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 December 28, 2016.

FOR FURTHER INFORMATION CONTACT: Danny Fischler, Office of the General 
Counsel, U.S. Department of Homeland Security, 202-282-9822.

SUPPLEMENTARY INFORMATION: 

I. Background and Response to Comment

    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.'' On July 21, 2016, DHS 
published an interim final rule describing its procedures for receiving 
and responding to rulemaking petitions.\1\ 81 FR 47285. The interim 
final rule set forth specific formatting requirements, including a 
requirement to prominently mark a rulemaking petition as such; 
identified the only two mailing addresses at which DHS will accept 
rulemaking petitions; provided guidelines for the content of rulemaking 
petitions; and described the process by which DHS will respond to 
rulemaking petitions. DHS welcomed public comments on the interim final 
rule until September 19, 2016. DHS received two timely-filed public 
comments, only one of which was within the scope of the rulemaking.
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    \1\ As explained in the preamble to the interim final rule, 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). The interim final 
rule left those regulations in place. This rule continues to leave 
those regulations in place.
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    The one in-scope comment stated general support for the interim 
final rule, but requested that DHS allow petitioners to submit 
rulemaking petitions online in addition to by physical mail. The 
commenter stated that online communication is more efficient. DHS 
agrees that in certain contexts online communication is more efficient 
than physical mail, but has decided to retain the requirement to submit 
rulemaking petitions by physical mail. In this context, DHS believes 
that physical mail is a more effective and appropriate means of 
submission to the agency. A properly filed rulemaking petition is a 
legal document giving rise to specific legal obligations on the part of 
the agency. See 5 U.S.C. 553(e), 555(e), 702, 706. DHS believes a more 
formal means of communication is therefore appropriate. In addition, 
DHS believes that physical mail imposes a minimal additional burden as 
compared to online communication.
    DHS has determined that no changes to the interim final rule are 
necessary. Accordingly, this rule finalizes the interim final rule 
without change.\2\
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    \2\ DHS incorporates by reference the statement of basis and 
purpose accompanying the proposed rule. 81 FR 47285-47286.
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II. Regulatory Analyses

A. Administrative Procedure Act

    This rule, like the interim final rule that preceded it, 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 did not require DHS to provide a period of advance notice 
and opportunity for public comment, DHS invited public comment on the 
interim final rule, and has responded to such comment in this final 
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, the interim final rule 
adding 6 CFR part 3, which was published at 81 FR 47285 on July 21, 
2016, is adopted as a final rule without change.

Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-28561 Filed 11-25-16; 8:45 am]
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