On July 21, 2016, the Department of Homeland Security (DHS) published in the Federal Register an interim final rule [Docket No. DHS-2009-0009] adopting a process under which interested persons may petition DHS to issue, amend, or repeal a 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 (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.
Two components of DHS have component-specific regulations governing rulemaking petitions. See 33 C.F.R. 1.05-20 (U.S. Coast Guard); 44 C.F.R. 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 DHS. 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), U.S. Immigration and Customs Enforcement, the National Protection and Programs Directorate, and the Transportation Security Administration (TSA) among other Department components. Under the rule, DHS will not accept rulemaking petitions delivered by courier.
The rule is effective August 22, 2016. Comments must be submitted on or before September 19, 2016.