Rule2024-07034
Petitions for Rulemaking, Amendment, or Repeal; Technical Amendment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 4, 2024
Effective
April 4, 2024
Issuing agencies
Homeland Security Department
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 66 (Thursday, April 4, 2024)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07034]
========================================================================
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.
========================================================================
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ 5 U.S.C. 553(e).
\2\ 81 FR 85401; see also 81 FR 47285 (July 21, 2016) (interim
final rule).
---------------------------------------------------------------------------
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]
BILLING CODE 9111-9B-P
</pre></body>
</html>Indexed from Federal Register on April 4, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.