Unknown. Interim final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2016-07-21.xml --- 81 140 Thursday, July 21, 2016 Contents Agriculture Agriculture Department See Forest Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Viticultural Areas: Tip of the Mitt; Establishment, 47289-47291 2016-17274 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47395-47396 2016-17170 Coast Guard Coast Guard RULES Inspection of Towing Vessels;

Correction, 47312 2016-17224 Safety Zones: Hudson River, Edgewater, NJ, 47293-47295 2016-17332 Tennessee River 385.0-387.0; Scottsboro, AL, 47291-47293 2016-17333 NOTICES Requests for Applications: Great Lakes Pilotage Advisory Committee, 47401 2016-17239 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47362-47365 2016-17208 Order Extending the Designation of the Provider of Legal Entity Identifiers to be Used in Recordkeeping and Swap Data Reporting, 47359-47361 2016-17229 Consumer Product Consumer Product Safety Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Virginia Graeme Baker Pool and Spa Safety Act; Compliance Form, 47365-47366 2016-17215 Drug Drug Enforcement Administration NOTICES Decisions and Orders:

James Dustin Chaney, 47416-47418 2016-17250 Nicholas J. Nardacci, 47409-47411 2016-17264 Turning Tide, Inc., 47411-47416 2016-17245 Education Department Education Department RULES Final Priority and Requirements: Technical Assistance on State Data Collection Program—Targeted and Intensive Technical Assistance to States on the Analysis and Use of Formative and Summative Assessment Data to Support Implementation of States' Identified Measurable Result(s), 47296-47300 2016-17323 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Upward Bound and Upward Bound Math Science Annual Performance Report, 47375-47376 2016-17210 Applications for New Awards: Technical Assistance and Dissemination to Improve Services and Results for Children with Disabilities and Technical Assistance on State Data Collection--National Technical Assistance Center to Increase the Participation and Improve the Performance of Students with Disabilities on State and Districtwide Assessments, 47366-47375 2016-17324 Meetings:

National Advisory Committee on Institutional Quality and Integrity, 47378-47379 2016-17233 National Assessment Governing Board Quarterly Board Meeting, 47376-47378 2016-17331 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Annual Information Return/Reports, 47534-47681 2016-14893 Annual Reporting and Disclosure, 47496-47532 2016-14892 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;

Approvals and Promulgations: Approval of California Air Plan Revisions, El Dorado County Air Quality Management District, 47300-47302 2016-17177 Approval of California Air Plan Revisions, Mojave Desert Air Quality Management District, Riverside County Air Pollution Control District, and San Bernardino County Air Pollution Control District, 47302-47304 2016-17171 Exemption from the Requirement of a Tolerance: Isaria fumosorosea strain FE 9901, 47309-47311 2016-17275 Hazardous Chemical Reporting:

Community Right-to-Know; Revisions to Hazard Categories and Minor Corrections; Correction, 47311-47312 2016-17277 Pesticide Tolerances: Cyprodinil, 47304-47309 2016-17268 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California Air Plan Revisions, El Dorado County Air Quality Management District, 47324 2016-17172 California; Mojave Desert Air Quality Management District, Riverside County Air Pollution Control District, and San Bernardino County Air Pollution Control District, 47324 2016-17169 North Carolina;

Infrastructure Requirements for the PM2.5 National Ambient Air Quality Standard, 47314-47323 2016-17301 Clean Energy Incentive Program Design Details, 47325 2016-17279 NOTICES Meetings: Good Neighbor Environmental Board; Teleconferences, 47381 2016-17276 Science Advisory Board Biogenic Carbon Emissions Panel; Teleconferences, 47389 2016-17278 Requests to Voluntarily Cancel Certain Pesticide Registrations, 47381-47388 2016-17266 Federal Aviation Federal Aviation Administration RULES Establishment of Class D Airspace:

Destin, FL; Duke Field, Eglin AFB, FL; Revocation of Class D Airspace; Eglin AF Aux No 3 Duke Field, FL; and Amendment of Class D and E Airspace; Eglin Air Force Base, FL; Eglin Hurlburt Field, FL; and Crestview, FL, 47287 2016-17246 PROPOSED RULES Airworthiness Directives: International Aero Engines AG Turbofan Engines, 47313-47314 2016-17159 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Operations Specifications, Part 129 Application, 47489-47490 2016-17300 Meetings:

Special Committee 235, Non-Rechargeable Lithium Battery and Batteries, 47489 2016-17309 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47389-47393 2016-17178 2016-17179 2016-17180 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 47393 2016-17401 Terminations of Receiverships: Colorado Capital Bank, Castle Rock, CO, 47393-47394 2016-17211 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

Pacific Gas and Electric Co., 47380-47381 2016-17220 Preliminary Permit Applications: Lockplus Hydro Friends Fund IV, LLC, 47380 2016-17221 Requests under Blanket Authorization: Columbia Gas Transmission, LLC, 47379-47380 2016-17219 Federal Financial Federal Financial Institutions Examination Council NOTICES Home Mortgage Disclosure Act Filing Instructions Guides for HMDA Data Collected in 2017 and 2018, 47394 2016-17234 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 47394 2016-17237 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings;

Sunshine Act, 47490 2016-17355 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 47394-47395 2016-17271 Food and Drug Food and Drug Administration RULES Administrative Actions for Noncompliance; Lesser Administrative Actions; Confirmation of Effective Date, 47288 2016-17186 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Program for Enhanced Review Transparency and Communication for New Molecular Entity New Drug Applications, etc., in Prescription Drug User Fee Acts, 47398-47399 2016-17185 Charter Renewals:

Science Board to the Food and Drug Administration, 47396-47397 2016-17182 Draft Guidance: General Principles for Evaluating the Human Food Safety of New Animal Drugs Used in Food-Producing Animals, 47397-47398 2016-17188 Regulatory Review Periods for Patent Extensions: QUTENZA, 47399-47400 2016-17187 Foreign Trade Foreign-Trade Zones Board NOTICES Poposed Production Activities: Sasol Chemicals (USA), LLC; Foreign-Trade Zone 87, Lake Charles, LA;, 47346 2016-17304 Forest Forest Service NOTICES Meetings:

New Mexico Collaborative Forest Restoration Program Technical Advisory Panel, 47345-47346 2016-17222 Newspapers Used for Publication of Legal Notices: Southwestern Region: Arizona, New Mexico, and Parts of Oklahoma and Texas, 47344-47345 2016-17325 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard RULES Petitions for Rulemaking, Amendment, or Repeal, 47285-47287 2016-16984 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Continuum of Care Homeless Assistance; Technical Submission, 47408 2016-17258 Emergency Solutions Grant Data Collection, 47406-47407 2016-17256 Family Self-Sufficiency Program Demonstration, 47402-47403 2016-17294 Promise Zones Reporting, 47404-47406 2016-17299 Public Housing Agency Executive Compensation Information, 47406 2016-17257 Privacy Act; Systems of Records, 47403-47404 2016-17255 Indian Affairs Indian Affairs Bureau RULES Indian Child Welfare Act Proceedings, 47288-47289 2016-17269 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Annual Information Return/Reports, 47534-47681 2016-14893 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China, 47347 2016-17302 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from Mexico, 47352-47354 2016-17314 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Korea, 47347-47349 2016-17313 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey, 47349-47351, 47355-47357 2016-17315 2016-17316 Magnesium Metal from the People's Republic of China, 47351-47352 2016-17206 Polyethylene Retail Carrier Bags from Malaysia, 47346-47347 2016-17307 Antidumping or Countervailing Duty Investigations, Orders, or Reviews;

Correction, 47354 2016-17205 Requests for Nominations: Environmental Technologies Trade Advisory Committee, 47354-47355 2016-17204 Justice Department Justice Department See Drug Enforcement Administration NOTICES Service Contract Inventory, 47418 2016-17248 Labor Department Labor Department See Employee Benefits Security Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Privacy Act; Systems of Records, 47418-47419 2016-17209 Land Land Management Bureau NOTICES Meetings:

Northwest Resource Advisory Council White River Field Office Travel Management Subgroup, 47409 2016-17267 Southwest Resource Advisory Council, 47408-47409 2016-17265 Mine Mine Safety and Health Administration NOTICES Petitions for Modification of Application of Existing Mandatory Safety Standards, 47419-47437 2016-17173 2016-17174 National Highway National Highway Traffic Safety Administration NOTICES Importation Eligibility; Petitions: Model Year 1995 Lamborghini Diablo SE30 Passenger Cars, 47490-47491 2016-17190 Model Year 2008-2011 Ferrari 599 Passenger Cars, 47491-47493 2016-17191 Petitions for Inconsequential Noncompliance:

Spartan Motors USA, Inc., 47493-47494 2016-17189 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 47400-47401 2016-17175 2016-17176 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES International Affairs: Antarctic Marine Living Resources Convention Act, 47325-47343 2016-17129 NOTICES Determination of Overfishing or an Overfished Condition, 47357-47358 2016-17163 Endangered and Threatened Species: Take of Steelhead, 47359 2016-17214 Evaluation of State Coastal Management Programs, 47357 2016-17217 National Estuarine Research Reserve System, 47358 2016-17216 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements;

Availability, etc.: Reno Creek in Situ Uranium Recovery Project in Campbell County, WY, 47442-47443 2016-17329 NRC Vision and Strategy for Non-Light Water Reactor Mission Readiness, 47443-47444 2016-17327 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47437-47438 2016-17226 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Asbestos in General Industry, 47440-47442 2016-17247 Expansions of Recognition;

Applications: SGS North America, Inc., 47438-47440 2016-17241 Pension Benefit Pension Benefit Guaranty Corporation PROPOSED RULES Annual Information Return/Reports, 47534-47681 2016-14893 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Civil Service Retirement System Survivor Annuitant Express Pay Application for Death Benefits, 47444 2016-17223 Court Orders Affecting Retirement Benefits, 47445-47446 2016-17225 Federal Long Term Care Insurance Program Enrollee Decision Period for Current Enrollees, 47445 2016-17212 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 47446 2016-17238 Postal Service Postal Service NOTICES New Hazardous Materials Packaging Provisions, 47446-47447 2016-17203 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Captive Nations Week (Proc. 9469), 47683-47686 2016-17438 Honoring the Victims of the Attack in Baton Rouge, LA (Proc. 9470), 47687 2016-17439 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 47458-47459, 47475-47481 2016-17193 2016-17199 Bats EDGX Exchange, Inc., 47461-47466 2016-17194 Fixed Income Clearing Corp., 47466-47469 2016-17200 International Securities Exchange, LLC, 47459-47461 2016-17197 ISE Gemini, LLC, 47483-47484 2016-17196 ISE Mercury, LLC, 47481-47483 2016-17195 NYSE Arca, Inc., 47447-47457 2016-17198 NYSE MKT LLC, 47469-47475 2016-17201 Small Business Small Business Administration NOTICES Disaster Declarations:

California, 47485 2016-17321 West Virginia, 47484 2016-17320 Surface Transportation Surface Transportation Board NOTICES Acquisition of Controls: Silverado Stages, Inc.; Michelangelo Leasing, Inc. And Ryan's Express Transportation Services, Inc., 47485-47486 2016-17228 Agency Information Collection Activities; Proposals, Submissions, and Approvals Class I Railroad Annual Report, 47486-47487 2016-17235 Discontinuance of Service Exemptions: Northern Lines Railway Co., LLC; Stearns and Benton Counties, MN, 47487-47488 2016-17368 Trade Representative Trade Representative, Office of United States NOTICES Generalized System of Preferences:

Results of the 2015/2016 Annual GSP Review, 47488-47489 2016-17202 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration NOTICES Meetings: Intelligent Transportation Systems Program Advisory Committee, 47494 2016-17218 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service Separate Parts In This Issue Part II Labor Department, Employee Benefits Security Administration, 47496-47532 2016-14892 Part III Labor Department, Employee Benefits Security Administration, 47534-47681 2016-14893 Pension Benefit Guaranty Corporation, 47534-47681 2016-14893 Treasury Department, Internal Revenue Service, 47534-47681 2016-14893 Part IV Presidential Documents, 47683-47687 2016-17438 2016-17439 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 140 Thursday, July 21, 2016 Rules and Regulations DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 3 [Docket No. DHS-2009-0009] RIN 1601-AA56 Petitions for Rulemaking, Amendment, or Repeal AGENCY: Office of the Secretary, DHS.

ACTION: Interim final rule. SUMMARY: Pursuant to the Administrative Procedure Act, the Department of Homeland Security (DHS or Department) is adopting a process under which interested persons may petition the Department to issue, amend, or repeal a rule. DATES: This rule is effective August 22, 2016. Comments must be submitted on or before September 19, 2016. ADDRESSES: You may submit comments, identified by docket number DHS-2009-0009, by *one* of the following methods:

(1)*Federal eRulemaking Portal: http://www.regulations.gov.*

(2)*Fax:* 202-343-4011.

(3)*Mail:* Danny Fischler, OGC, Mail Stop 0485, 245 Murray Lane SW., Department of Homeland Security, Washington, DC 20528-0485. *Instructions:* In your submission, please include the agency name and docket number for this rulemaking. We will post all comments, without any change and including any personal information contained in the comment, to the public docket. All comments may be read at *http://www.reguations.gov.* We strongly encourage commenters to submit comments through the Federal eRulemaking Portal, as it is the best way to ensure that we timely receive your comment. *Docket:* For access to the docket or to read background documents or comments, go to *http://www.regulations.gov.* FOR FURTHER INFORMATION CONTACT: Danny Fischler, Office of the General Counsel, U.S. Department of Homeland Security, 202-282-9822. SUPPLEMENTARY INFORMATION: I. Background 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. Other federal agencies have adopted similar petition procedures. *See, e.g.,* 49 CFR 5.11, 5.13 (Department of Transportation); 24 CFR 10.20 (Department of Housing and Urban Development). Two components of DHS have component-specific regulations governing rulemaking petitions. *See* 33 CFR 1.05-20 (U.S. Coast Guard); 44 CFR 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 the Department. II. Discussion of the Rule The discussion below provides a section-by-section description of the rule's provisions. § 3.1 Definitions This section includes definitions that apply throughout the rule. § 3.3 Applicability This section describes the applicability of this rule. Interested persons who wish to submit a rulemaking petition to DHS 1 must use the process outlined in this rule, except as follows: 1 Except as provided below, reference to DHS in this rule also includes reference to DHS components.

(1)Interested persons who wish to submit a rulemaking petition on a matter related to the U.S. Coast Guard must submit their request to the U.S. Coast Guard pursuant to 33 CFR 1.05-20.

(2)Interested persons who wish to submit a rulemaking petition on a matter related to FEMA must submit their request to FEMA pursuant to 44 CFR 1.18. In summary, the procedures described in this rule cover rulemaking petitions related to the rulemaking functions of all Department components, except for the U.S. Coast Guard and FEMA. 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 2 ), U.S. Immigration and Customs Enforcement, the National Protection and Programs Directorate, and the Transportation Security Administration

(TSA)among other Department components. 2 In November 2002, Congress passed the Homeland Security Act, and DHS formally came into being as a stand-alone, Cabinet-level department. The Homeland Security Act transferred the Customs Service to DHS, but did not transfer authority related to customs-revenue functions to DHS. Section 412 of the Homeland Security Act provided that the Treasury Department retained customs-revenue function authority, but that the Treasury Department could delegate this authority to DHS. By Treasury Department Order 100-16, Treasury delegated to the Secretary of Homeland Security the authority related to the customs revenue functions subject to certain exceptions. One of the exceptions provides that the Secretary of the Treasury retains the sole authority to approve regulations concerning certain specified customs-revenue subject matters. For further discussion of custom-revenue function authority, see the Appendix to 19 CFR part 0. § 3.5 Format and Mailing Instructions. This section provides instructions for how to submit a rulemaking petition to the Department. The petitioner must clearly mark the rulemaking petition itself as a rulemaking petition. In addition, the petitioner must provide essential contact information—including a name and mailing address—so that the Department is able to reply to the petitioner. A petitioner may also submit additional information, such as telephone numbers, a fax number, and/or an email address. The Department will accept petitions by mail (no courier service accepted) to the address(es) designated in the regulation. The Department will accept most petitions for rulemaking at a single address, however, petitioners may also submit petitions related to TSA-specific authorities directly to TSA, at the address in the regulation. Section 3.5 contains the minimum procedural requirements for formatting and submitting a rulemaking petition under this regulation. In the interest of efficiency and sound public administration, DHS may decline to accept as a rulemaking petition any correspondence that does not meet these basic requirements. § 3.7 Content of a Rulemaking Petition This section discusses the substantive content of a rulemaking petition. DHS encourages petitioners to submit rulemaking petitions that clearly explain what the petitioner is requesting, identify specific regulations, and include actionable data. DHS is better positioned to understand and respond to a rulemaking petition if it describes with reasonable particularity the rule that the petitioner is asking DHS to issue, amend, or repeal, as well as the factual and legal basis for the petition. The regulatory text highlights some items that would help DHS to understand and respond to a petition. DHS may deny the petition if it does not adequately describe what the petition is requesting and provide adequate support for the request. *§ 3.9 Responding to a Rulemaking Petition* The regulation describes DHS's process for responding to rulemaking petitions. This section states that DHS, in its discretion, may solicit public comment on a rulemaking petition. Following appropriate consideration of a rulemaking petition, DHS responds to the petition by letter or by **Federal Register** publication. The responsible official may grant or deny the petition, in whole or in part. Granting the petition means that DHS is initiating regulatory action. By contrast to the final disposition outcomes described immediately above, DHS may also deny or summarily dismiss without prejudice any petition that is moot, premature, repetitive, frivolous, or which plainly does not warrant further consideration. III. Regulatory Analyses A. Administrative Procedure Act This is a rule of agency organization, procedure, or practice under the Administrative Procedure Act, 5 U.S.C. 553(b)(A). Although the Administrative Procedure Act does not require DHS to provide a period of advance notice and opportunity for public comment, DHS invites public comment on this rule. B. Executive Order 12866 Assessment (Regulatory Planning and Review) Executive Orders 13563 and 12866 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule is not a significant regulatory action for the purposes of Executive Order 12866, as amended, and therefore review by the Office of Management and Budget is not necessary. This rule describes how to petition DHS to issue, amend, or repeal a rule. The rule's qualitative benefits include additional transparency and accountability for the public. The rule imposes no additional costs on the public or the government. C. Regulatory Flexibility Act This rule does not require a general notice of proposed rulemaking and, therefore, is exempt from the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 *et seq.* D. Paperwork Reduction Act This rule does not contain or modify any collections of information under the Paperwork Reduction Act. *See* 44 U.S.C. 3501 *et seq.* List of Subjects in 6 CFR Part 3 Administrative practice and procedure. For the reasons set forth in the preamble, DHS amends 6 CFR chapter I by adding part 3 to read as follows: PART 3—PETITIONS FOR RULEMAKING Sec. 3.1 Definitions. 3.3 Applicability. 3.5 Format and mailing instructions. 3.7 Content of a rulemaking petition. 3.9 Responding to a rulemaking petition. Authority: 5 U.S.C. 301, 553(e); 6 U.S.C. 112. § 3.1 Definitions. As used in this part: *Component* means each separate organizational entity within the U.S. Department of Homeland Security

(DHS)that reports directly to the Office of the Secretary. *DHS* means the U.S. Department of Homeland Security, including its components. *Rulemaking petition* means a petition to issue, amend, or repeal a rule, as described at 5 U.S.C. 553(e). § 3.3 Applicability.

(a)*General requirement.* Except as provided in paragraph

(b)of this section, this part prescribes the exclusive process for interested persons to submit a rulemaking petition on a matter within DHS's jurisdiction.

(b)*Exceptions* —(1) *U.S. Coast Guard.* This part does not apply to any petition for rulemaking directed to the U.S. Coast Guard. Such petitions are governed by 33 CFR 1.05-20.

(2)*Federal Emergency Management Agency.* This part does not apply to any petition for rulemaking directed to the Federal Emergency Management Agency. Such petitions are governed by 44 CFR 1.18. § 3.5 Format and mailing instructions.

(a)*Format.* A rulemaking petition must include in a prominent location—

(1)The words “Petition for Rulemaking” or “Rulemaking Petition;” and

(2)The petitioner's name and a mailing address, in addition to any other contact information (such as telephone number or email) that the petitioner chooses to include.

(b)*Mailing instructions* —(1) *General mailing address.* Any interested person may submit a rulemaking petition by sending it to the following address: U.S. Department of Homeland Security, Office of the General Counsel, Mail Stop 0485, Attn: Regulatory Affairs Law Division, 245 Murray Lane SW., Washington, DC 20528-0485.

(2)*Transportation Security Administration mailing address.* Any interested person may submit a rulemaking petition regarding a Transportation Security Administration program or authority directly to the Transportation Security Administration by sending it to the following address: Transportation Security Administration, Office of the Chief Counsel, TSA-2, Attn: Regulations and Security Standards Division, 601 South 12th Street, Arlington, VA 20598-6002.

(3)DHS does not accept rulemaking petitions delivered by courier. § 3.7 Content of a rulemaking petition.

(a)DHS will be better positioned to understand and respond to a rulemaking petition if the petition describes with reasonable particularity the rule that the petitioner is asking DHS to issue, amend, or repeal, and the factual and legal basis for the petition. For instance, DHS would be better able to understand and respond to a petition that includes—

(1)A description of the specific problem that the requested rulemaking would address;

(2)An explanation of how the requested rulemaking would resolve this problem;

(3)Data and other information that would be relevant to DHS's consideration of the petition;

(4)A description of the substance of the requested rulemaking; and

(5)Citation to the pertinent existing regulations provisions (if any) and pertinent DHS legal authority for taking action.

(b)[Reserved] § 3.9 Responding to a rulemaking petition.

(a)*Public procedure.* DHS may, in its discretion, seek broader public comment on a rulemaking petition prior to its disposition under this section.

(b)*Disposition.* DHS may respond to the petition by letter or by **Federal Register** publication. DHS may grant or deny the petition, in whole or in part.

(c)*Grounds for denial.* DHS may deny the petition for any reason consistent with law, including, but not limited to, the following reasons: The petition has no merit, the petition is contrary to pertinent statutory authority, the petition is not supported by the relevant information or data, or the petition cannot be addressed because of other priorities or resource constraints.

(d)*Summary disposition.* DHS may, by written letter, deny or summarily dismiss without prejudice any petition that is moot, premature, repetitive, or frivolous, or that plainly does not warrant further consideration. Jeh Charles Johnson, Secretary. [FR Doc. 2016-16984 Filed 7-20-16; 8:45 am]

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