SUPPLEMENTARY INFORMATION:

You can find an electronic copy of this rule using the internet by accessing the Government Publishing Office's web page at www.govinfo.gov/​app/​collection/​FR to view the daily published Federal Register edition or by accessing the Office of the Federal Register's web page at www.federalregister.gov. Copies are also available by contacting the individual identified in the FOR FURTHER INFORMATION CONTACT section.

Discussion of the Rule

This final rule makes technical amendments to certain sections of the CFR to align TSA's regulatory language with statutory terms and definitions in the Immigration and Nationality Act, such as “alien” rather than “non-citizen”. In general, the technical amendments are limited to replacing the term “non-U.S. citizen” with the term “alien” wherever the term appears in TSA regulations. In one instance, TSA is removing a definition that includes the word “non-U.S. citizen” because the definition is no longer needed in the regulation. The following table identifies the context for each change in 49 CFR chapter XII.

The Administrative Procedure Act (APA) (5 U.S.C. 553(B)(3)(b)) provides that when an agency, for good cause, finds that the notice and public procedures are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. TSA has determined that there is good cause for making this technical amendment final without prior proposal and opportunity for comment because the revisions are not substantive and will not affect the regulatory requirements in the affected parts. TSA has determined that public comment on such administrative changes is unnecessary and that there is good cause under the APA for proceeding with a final rule.

TSA has also determined that this rule is exempt from the notice and comment requirement under the APA because it is a rule of agency organization, procedure, or practice. See5 U.S.C. 553(b)(A). Because the rule is simply an administrative change that replaces terminology without altering the rights or interests of parties, it has no substantive effect on the regulatory requirements and places no stamp of approval or disapproval on any type of behavior. Accordingly, TSA is issuing this rule in its final form as a procedural rule.

Further, because a notice of proposed rulemaking and opportunity for public comment are not required for this rule under the APA or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, this rule is issued in final form.

Before a rule can take effect, the Congressional Review Act (CRA), as codified at 5 U.S.C. 801, requires Federal agencies to submit the rule and a report to Congress and the Comptroller General indicating whether it is a major rule. 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 ( printed page 7161) parties are not considered to be a rule for the purposes of the CRA. This technical amendment is a rule of agency organization, procedure, or practice that will not substantially affect the rights or obligations of non-agency parties. Thus, TSA is not required to submit the rule for review under the CRA.

The Amendments

For the reasons stated in the preamble, the Transportation Security Administration amends parts 1500, 1552, and 1570 of title 49, Code of Federal Regulations, as follows:

91 FR 7160