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)

Page Range		85401-85401
FR Document		2016-28561

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 Issue 228 (Monday, November 28, 2016)

[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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Rules and Regulations
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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.

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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]
BILLING CODE 9110-9B-P

85401

Rules and Regulations Federal Register
Vol. 81, No. 228

Monday, November 28, 2016

This section of the FEDERAL REGISTER final rule set forth specific formatting has responded to such comment in this
contains regulatory documents having general requirements, including a requirement final rule.
applicability and legal effect, most of which to prominently mark a rulemaking
are keyed to and codified in the Code of petition as such; identified the only two B. Executive Order 12866 Assessment
Federal Regulations, which is published under mailing addresses at which DHS will (Regulatory Planning and Review)
50 titles pursuant to 44 U.S.C. 1510.
accept rulemaking petitions; provided Executive Orders 13563 and 12866
The Code of Federal Regulations is sold by guidelines for the content of rulemaking direct agencies to assess the costs and
the Superintendent of Documents. Prices of petitions; and described the process by
benefits of available regulatory
new books are listed in the first FEDERAL which DHS will respond to rulemaking
REGISTER issue of each week. alternatives and, if regulation is
petitions. DHS welcomed public
necessary, to select regulatory
comments on the interim final rule until
September 19, 2016. DHS received two approaches that maximize net benefits
DEPARTMENT OF HOMELAND timely-filed public comments, only one (including potential economic,
SECURITY of which was within the scope of the environmental, public health and safety
rulemaking. effects, distributive impacts, and
Office of the Secretary equity). Executive Order 13563
The one in-scope comment stated
emphasizes the importance of
6 CFR Part 3 general support for the interim final
quantifying both costs and benefits, of
rule, but requested that DHS allow
[Docket No. DHS–2009–0009] petitioners to submit rulemaking reducing costs, of harmonizing rules,
petitions online in addition to by and of promoting flexibility. This rule is
RIN 1601–AA56
physical mail. The commenter stated not a significant regulatory action for
Petitions for Rulemaking, Amendment, that online communication is more the purposes of Executive Order 12866,
or Repeal efficient. DHS agrees that in certain as amended, and therefore review by the
contexts online communication is more Office of Management and Budget is not
AGENCY: Office of the Secretary, DHS. necessary.
efficient than physical mail, but has
ACTION: Final rule.
decided to retain the requirement to This rule describes how to petition
SUMMARY: Pursuant to the submit rulemaking petitions by physical DHS to issue, amend, or repeal a rule.
Administrative Procedure Act, the mail. In this context, DHS believes that The rule’s qualitative benefits include
Department of Homeland Security (DHS physical mail is a more effective and additional transparency and
or Department) is adopting a process appropriate means of submission to the accountability for the public. The rule
under which interested persons may agency. A properly filed rulemaking imposes no additional costs on the
petition the Department to issue, petition is a legal document giving rise public or the government.
amend, or repeal a rule. to specific legal obligations on the part
DATES: This rule is effective December of the agency. See 5 U.S.C. 553(e), C. Regulatory Flexibility Act
28, 2016. 555(e), 702, 706. DHS believes a more
formal means of communication is This rule does not require a general
FOR FURTHER INFORMATION CONTACT: notice of proposed rulemaking and,
Danny Fischler, Office of the General therefore appropriate. In addition, DHS
believes that physical mail imposes a therefore, is exempt from the
Counsel, U.S. Department of Homeland
minimal additional burden as compared requirements of the Regulatory
Security, 202–282–9822.
to online communication. Flexibility Act, 5 U.S.C. 601 et seq.
SUPPLEMENTARY INFORMATION:
DHS has determined that no changes D. Paperwork Reduction Act
I. Background and Response to to the interim final rule are necessary.
Comment Accordingly, this rule finalizes the This rule does not contain or modify
The Administrative Procedure Act interim final rule without change.2 any collections of information under the
(APA) requires that each agency give Paperwork Reduction Act. See 44 U.S.C.
interested persons the right to petition II. Regulatory Analyses
3501 et seq.
the agency for the issuance, amendment, A. Administrative Procedure Act
or repeal of a rule. 5 U.S.C. 553(e). Such List of Subjects in 6 CFR Part 3
a petition is known as a ‘‘rulemaking This rule, like the interim final rule
that preceded it, is a rule of agency Administrative practice and
petition.’’ On July 21, 2016, DHS procedure.
published an interim final rule organization, procedure, or practice
describing its procedures for receiving under the Administrative Procedure For the reasons set forth in the
and responding to rulemaking Act, 5 U.S.C. 553(b)(A). Although the preamble, the interim final rule adding
petitions.1 81 FR 47285. The interim Administrative Procedure Act did not 6 CFR part 3, which was published at
require DHS to provide a period of 81 FR 47285 on July 21, 2016, is
mstockstill on DSK3G9T082PROD with RULES

1 As explained in the preamble to the interim advance notice and opportunity for adopted as a final rule without change.
final rule, two components of DHS have public comment, DHS invited public
component-specific regulations governing comment on the interim final rule, and Jeh Charles Johnson,
rulemaking petitions. See 33 CFR 1.05–20 (U.S.
Coast Guard); 44 CFR 1.17, 1.18 (Federal Emergency Secretary.
Management Agency). The interim final rule left 2 DHS incorporates by reference the statement of [FR Doc. 2016–28561 Filed 11–25–16; 8:45 am]
those regulations in place. This rule continues to basis and purpose accompanying the proposed rule.
BILLING CODE 9110–9B–P
leave those regulations in place. 81 FR 47285–47286.

VerDate Sep<11>2014 16:28 Nov 25, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4700 Sfmt 9990 E:\FR\FM\28NOR1.SGM 28NOR1

Document Created: 2018-02-14 08:35:53
Document Modified: 2018-02-14 08:35:53

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		Final rule.
Dates		This rule is effective December 28, 2016.
Contact		Danny Fischler, Office of the General Counsel, U.S. Department of Homeland Security, 202-282-9822.
FR Citation		81 FR 85401
RIN Number		1601-AA56

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

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

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

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary