10 CFR § 851.6 - Petitions for generally applicable rulemaking.

---
identifier: "/us/cfr/t10/s851.6"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 851.6 - Petitions for generally applicable rulemaking."
title_number: 10
title_name: "Energy"
section_number: "851.6"
section_name: "Petitions for generally applicable rulemaking."
chapter_name: "DEPARTMENT OF ENERGY"
part_number: "851"
part_name: "WORKER SAFETY AND HEALTH PROGRAM"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 2201(i)(3), (p); 42 U.S.C. 2282c; 42 U.S.C. 5801  42 U.S.C. 7101  50 U.S.C. 2401  28 U.S.C. 2461 note."
regulatory_source: "71 FR 6931, Feb. 9, 2006, unless otherwise noted."
cfr_part: "851"
---


# 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;”

(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.