---
kind: "section"
citation: "10 C.F.R. § 851.6"
title: "10"
number: "851.6"
heading: "Petitions for generally applicable rulemaking."
url: "https://uscodex.org/cfr/10/851.6"
---

# §851.6. Petitions for generally applicable rulemaking.

- (a) **Right to file.** Any person may file a petition for generally applicable rulemaking to amend or interpret provisions of this part.
- (b) **How to file.** Any person who wants to file a petition for generally applicable rulemaking pursuant to this section must file by mail or messenger in an envelope addressed to the Office of General Counsel, GC-1, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585.
- (c) **Content of rulemaking petitions.** A petition under this section must:
  - (1) Be labeled “Petition for Rulemaking Under [10 CFR 851](/cfr/10/851.md);”
  - (2) Describe with particularity the provision of this part to be amended and the text of regulatory language to be added; and
  - (3) Explain why, if relevant, DOE should not choose to make policy by precedent through adjudication of petitions for assessment of civil penalty.
- (d) **Determinations upon rulemaking petitions.** After considering the petition and other information DOE deems relevant, DOE may grant the petition and issue an appropriate rulemaking notice, or deny the petition because the rule being sought:
  - (1) Would be inconsistent with statutory law;
  - (2) Would establish a generally applicable policy in a subject matter area that should be left to case-by-case determinations; or
  - (3) **For other good cause.**

## Notes

### Authority

Authority: 42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 5801 et seq.; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; 28 U.S.C. 2461 note.

### Source

Source: 71 FR 6931, Feb. 9, 2006, unless otherwise noted.