of the largest newspapers in the State to attract statewide attention.
* * *
* * * * *
    (g) * * * The Regional Administrator shall prepare a responsiveness
summary of significant comments received and the Regional
Administrator's response to these comments. * * *
    (h) If the Regional Administrator approves the State's section 404
program, the Regional Administrator shall notify the State and the
Secretary of the decision, publish notice in the Federal Register, and
post on EPA's website. The program for State-assumed waters shall
transfer to the State on the date established in the Memorandum of
Agreement between the State and Regional Administrator. The Secretary
shall suspend the issuance by the Corps of section 404 permits in State
regulated waters on such effective date.
* * * * *
0
25. Amend Sec.  233.16 by revising paragraphs (d)(2) and (3) and (e) to
read as follows:

Sec.  233.16  Procedures for revision of State programs.

* * * * *
    (d) * * *
    (2) Notice of approval of program changes which the Regional
Administrator determines are not substantial revisions may be given by
letter from the Regional Administrator to the Governor or the Tribal
leader and are effective upon the date in the approval letter. The
Regional Administrator will notify the Secretary of the approval of any
approved program modifications. The Regional Administrator will also
notify other Federal agencies of approved program modifications as
appropriate. The Regional Administrator shall post any such approval
letters on the relevant pages of EPA's website.
    (3) Whenever the Regional Administrator determines that the
proposed revision is substantial, the Regional Administrator shall
publish and circulate notice to those persons known to be interested in
such matters, provide opportunity for a public hearing, and consult
with the Corps, FWS, and NMFS. The Regional Administrator shall approve
or disapprove program revisions based on whether the program fulfills
the requirements of the Act and this part, and shall publish notice of
the decision in the Federal Register. For purposes of this paragraph,
substantial revisions include, but are not limited to, revisions that
affect the scope of activities regulated, criteria for review of
permits, public participation, or enforcement capability. Revisions to
an Indian Tribe's assumed program that would add a new geographic area
to the approved program require that the Regional Administrator
determine that the Tribe meets the eligibility criteria in Sec.  233.60
with regard to the new geographic area and constitute substantial
revisions.
* * * * *
    (e) Whenever the Regional Administrator has reason to believe that
circumstances have changed with respect to a State's program, the
Regional Administrator may request and the State shall provide a
supplemental Attorney General's statement, program description, or such
other documents or information as are necessary to evaluate the
program's compliance with the requirements of the Act and this part.

Subpart C--Permit Requirements

0
26. Amend Sec.  233.21 by revising paragraphs (b) and (e)(2) to read as
follows:

Sec.  233.21  General permits.

* * * * *
    (b) The Director may issue a general permit for categories of
similar activities if the Director determines that the regulated
activities will cause only minimal adverse environmental effects when
performed separately and will have only minimal cumulative adverse
effects on the environment. Any general permit issued shall be in
compliance with the section 404(b)(1) Guidelines.
* * * * *
    (e) * * *
    (2) Once the Director notifies the discharger of the Director's
decision to exercise discretionary authority to require an individual
permit, the discharger's activity is no longer authorized by the
general permit.
0
27. Amend Sec.  233.23 by revising the introductory text of paragraph
(c)(8) to read as follows:

Sec.  233.23  Permit conditions.

* * * * *
    (c) * * *
    (8) Inspection and entry. The permittee shall allow the Director,
or the Director's authorized representative, upon presentation of
proper identification, at reasonable times to:
* * * * *
0
28. Add Sec.  233.24 to read as follows:

Sec.  233.24  Judicial review.

    All States that administer or seek to administer a program under
this part shall provide an opportunity for judicial review in State
Court of the final approval or denial of permits by the State that is
sufficient to provide for, encourage, and assist public participation
in the permitting process. A State will meet this standard if State law
allows an opportunity for judicial review that is the same as that
available to obtain judicial review in Federal court of a Federally-
issued NPDES permit (see section 509 of the Clean Water Act). A State
will not meet this standard if, for example, it narrowly restricts the
class of persons who may challenge the approval or denial of permits
(for example, if only the permittee can obtain judicial review, if
persons must demonstrate injury to a pecuniary interest in order to
obtain judicial review, or if persons must have a property interest in
close proximity to a discharge or surface waters in order to obtain
judicial review), or if it requires the imposition of attorneys' fees
against the losing party, notwithstanding the merit of the litigant's
position. This requirement does not apply to Indian Tribes.

Subpart D--Program Operation

0
29. Amend Sec.  233.30 by revising paragraphs (a) and (b)(5) to read as
follows:

Sec.  233.30  Application for a permit.

    (a) Except when an activity is authorized by a general permit
issued pursuant to Sec.  233.21 or is exempt from the requirements to
obtain a permit under Sec.  232.3, any person who proposes to discharge
dredged or fill material into State regulated waters shall complete,
sign, and submit a permit application to the Director. Applicants for
projects that take more than five years to complete must submit a
complete application for each five-year permit, and an applicant
seeking a new five-year permit should apply for the new permit at least
180 days prior to the expiration of the current permit. Persons
proposing to discharge dredged or fill material under the authorization
of a general permit must comply with any reporting requirements of the
general permit.
    (b) * * *
    (5) All activities which the applicant plans to undertake which are
reasonably related to the same project must be included in the same
permit application. For projects for which the planned schedule extends
beyond five years at the time of the initial five-year permit
application, the application for both the first and subsequent five-
year permits must include an analysis demonstrating that each element
of the 404(b)(1) Guidelines is met, consistent with 40 CFR part 230,
for the full term of the project.
* * * * *

0
30. Amend Sec.  233.31 by revising paragraph (a) and adding paragraphs
(c) and (d) to read as follows:

Sec.  233.31  Coordination requirements.

    (a) If a proposed discharge may affect the biological, chemical, or
physical integrity of the waters of any State(s) other than the State
in which the discharge occurs, the Director shall provide an
opportunity for such State(s) to submit written comments within the
public comment period and to suggest permit conditions. If these
recommendations are not accepted by the Director, the Director shall
notify the affected State and the Regional Administrator prior to
permit issuance in writing of the Director's failure to accept these
recommendations, together with the Director's reasons for so doing. The
Regional Administrator shall then have the time provided for in Sec.
233.50(d) to comment upon, object to, or make recommendations.
* * * * *
    (c) For the purposes of Sec.  233.31(a), the definition of
``State'' in Sec.  233.2 includes Indian Tribes that have been approved
by EPA under CWA section 518 and applicable regulations for eligibility
to administer any CWA provision as well as Indian Tribes that have been
approved by EPA under paragraph (d) of this section for eligibility for
the purpose of commenting under Sec.  233.31(a).
    (d) An Indian Tribe may apply to the Regional Administrator for a
determination that it meets the statutory criteria of section 518 of
the CWA, 33 U.S.C. 1377, to be treated in a manner similar to that in
which EPA treats a State, for purposes of the coordination requirements
of sections 404(h)(1)(C) and (E), 33 U.S.C. 1344(h)(1)(C) and (E), of
the CWA and paragraphs (a) and (c) of this section.
    (1) The Tribe's application shall concisely describe how:
    (i) The Indian Tribe is recognized by the Secretary of the
Interior;
    (ii) The Indian Tribe has a governing body carrying out substantial
governmental duties and powers;
    (iii) The functions to be exercised by the Indian Tribe pertain to
the management and protection of water resources which are held by an
Indian Tribe, held by the United States in trust for Indians, held by a
member of an Indian Tribe if such property interest is subject to a
trust restriction on alienation, or otherwise within the borders of the
Indian reservation; and
    (iv) The Indian Tribe is reasonably expected to be capable, in the
Regional Administrator's judgment, of carrying out the functions to be
exercised in a manner consistent with the terms and purposes of the CWA
and applicable regulations.
    (2) The Regional Administrator shall promptly notify the Indian
Tribe of receipt of an application submitted under this section and
shall process such application in a timely manner.
0
31. Amend Sec.  233.32 by revising the introductory text of paragraph
(c)(1) to read as follows:

Sec.  233.32  Public notice.

* * * * *
    (c) * * *
    (1) By mailing a copy of the notice to the following persons (any
person otherwise entitled to receive notice under this paragraph (c)(1)
may waive their rights to receive notice for any classes or categories
of permits):
* * * * *
0
32. Amend Sec.  233.33 is amended by revising paragraph (b) to read as
follows:

Sec.  233.33  Public hearing.

* * * * *
    (b) The Director shall hold a public hearing whenever the Director
determines there is a significant degree of public interest in a permit
application or a draft general permit. The Director may also hold a
hearing, at the Director's discretion, whenever the Director determines
a hearing may be useful to a decision on the permit application.
* * * * *
0
33. Amend Sec.  233.34 by revising paragraph (c) to read as follows:

Sec.  233.34  Making a decision on the permit application.

* * * * *
    (c) After the Director has completed review of the application and
consideration of comments, the Director will determine, in accordance
with the record and all applicable regulations, whether or not the
permit should be issued. No permit shall be issued by the Director
under the circumstances described in Sec.  233.20. The Director shall
prepare a written determination on each application outlining the
Director's decision and rationale for the decision. The determination
shall be dated, signed, and included in the official record prior to
final action on the application. The official record shall be open to
the public.
0
34. Amend Sec.  233.36 by revising the introductory text of paragraph
(a) and paragraph (c)(1) to read as follows:

Sec.  233.36  Modification, suspension or revocation of permits.

    (a) General. The Director may reevaluate the circumstances and
conditions of a permit either on the Director's own motion or at the
request of the permittee or of a third party and initiate action to
modify, suspend, or revoke a permit if the Director determines that
sufficient cause exists. Among the factors to be considered are:
* * * * *
    (c) * * *
    (1) The Director shall develop procedures to modify, suspend, or
revoke permits if the Director determines cause exists for such action
(Sec.  233.36(a)). Such procedures shall provide opportunity for public
comment (Sec.  233.32), coordination with the Federal review agencies
(Sec.  233.50), and opportunity for public hearing (Sec.  233.33)
following notification of the permittee. When permit modification is
proposed, only the conditions subject to modification need be reopened.
* * * * *
0
35. Revise Sec.  233.37 to read as follows:

Sec.  233.37  Signatures on permit applications and reports.

    The application and any required reports must be signed by the
person who desires to undertake the proposed activity or by that
person's duly authorized agent if accompanied by a statement by that
person designating the agent. In either case, the signature of the
applicant or the agent will be understood to be an affirmation that the
applicant or the agent possesses or represents the person who possesses
the requisite property interest to undertake the activity proposed in
the application.

Subpart E--Compliance Evaluation and Enforcement

0
36. Amend Sec.  233.41 by revising paragraph (b)(2) to read as follows:

Sec.  233.41  Requirements for enforcement authority.

* * * * *
    (b) * * *
    (2) The burden of proof and degree of knowledge or intent required
under State law for establishing violations under paragraph (a)(3) of
this section, shall be no greater than the burden of proof or degree of
knowledge or intent EPA must provide when it brings an action under the
Act, except that a State may establish criminal violations based on any
form or type of negligence.
* * * * *

Subpart F--Federal Oversight

0
37. Amend Sec.  233.50 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (d), (e), (f), and (h)(1); and
0
c. Adding paragraph (k).

    The revisions and additions read as follows:

Sec.  233.50  Review of and objection to State permits and review of
compensatory mitigation instruments.

* * * * *
    (d) If the Regional Administrator intends to comment upon, object
to, or make recommendations with respect to a permit application, draft
general permit, or the Director's failure to accept the recommendations
of an affected State submitted pursuant to Sec.  233.31(a), the
Regional Administrator shall notify the Director of the Regional
Administrator's intent within 30 days of receipt. If the Director has
been so notified, the permit shall not be issued until after the
receipt of such comments or 90 days of the Regional Administrator's
receipt of the public notice, draft general permit, or Director's
response (Sec.  233.31(a)), whichever comes first. The Regional
Administrator may notify the Director within 30 days of receipt that
there is no comment but that the Regional Administrator reserves the
right to object within 90 days of receipt, based on any new information
brought out by the public during the comment period or at a hearing.
    (e) If the Regional Administrator has given notice to the Director
under paragraph (d) of this section, the Regional Administrator shall
submit to the Director, within 90 days of receipt of the public notice,
draft general permit, or Director's response (Sec.  233.31(a)), a
written statement of the Regional Administrator's comments, objections,
or recommendations; the reasons for the comments, objections, or
recommendations; and the actions that must be taken by the Director in
order to eliminate any objections. Any such objection shall be based on
the Regional Administrator's determination that the proposed permit is:
    (1) The subject of an interstate dispute under Sec.  233.31(a);
and/or
    (2) Outside requirements of the Act, these regulations, or the
404(b)(1) Guidelines. The Regional Administrator shall make available
upon request a copy of any comment, objection, or recommendation on a
permit application or draft general permit to the permit applicant or
to the public.
    (f) When the Director has received an EPA objection or requirement
for a permit condition to a permit application or draft general permit
under this section, the Director shall not issue the permit unless the
Director has taken the steps required by the Regional Administrator to
eliminate the objection.
* * * * *
    (h) * * *
    (1) If the Regional Administrator withdraws the objection or
requirement for a permit condition, the Director may issue the permit.
* * * * *
    (k) If the State establishes third-party compensation mechanisms as
part of its section 404 program (e.g., banks or in-lieu fee programs),
the Director must transmit a copy of instruments associated with these
compensatory mitigation approaches to the Regional Administrator, the
Corps, FWS, and NMFS for review prior to issuance, as well as to any
other State agencies to the extent the State committed to do so in the
program description pursuant to Sec.  233.11(k). To the extent the
State deems appropriate, the Director may also send these draft
instruments to other relevant State resource agencies for review. This
transmission and review requirement does not apply to permittee-
responsible compensatory mitigation. If the Regional Administrator, the
Corps, FWS, or NMFS intend to comment upon such instruments they must
notify the Director of their intent within 30 days of receipt. If the
Director has been so notified, the instrument must not be issued until
after the receipt of such comments or after 90 days of receipt of the
proposed instrument by the Regional Administrator, the Corps, the FWS,
or NMFS. The Director must respond to any comments received within 90
days from the Regional Administrator, the Corps, FWS, NMFS, or State
agencies that received the draft instruments pursuant to the State
program description and inform the commenting agency of any comments or
recommendations not accepted prior to approving the final compensatory
mitigation instrument. In the event that the Regional Administrator has
commented that the instrument fails to apply or ensure compliance with
the requirements of Sec.  233.11(k), the Director must not approve the
final compensatory mitigation instrument until the Regional
Administrator notifies the Director that the final instrument ensures
compliance with Sec.  233.11(k).
0
38. Amend Sec.  233.51 by adding paragraph (d) to read as follows:

Sec.  233.51  Waiver of review.

* * * * *
    (d) If within 20 days of public notice of a permit application,
pursuant to Sec.  233.32, a Tribe notifies EPA that the application
potentially affects Tribal rights or interests, including those beyond
reservation boundaries, EPA will request a copy of the public notice
for the permit application, even if Federal review of the relevant
category of discharge has been waived, and the Regional Administrator
and the Director shall then proceed in accordance with Sec.  233.50.
0
39. Amend Sec.  233.52 by revising paragraphs (b) and (e) to read as
follows:

Sec.  233.52  Program reporting.

* * * * *
    (b) The Director shall submit to the Regional Administrator within
90 days after completion of the annual period, a draft annual report
evaluating the State's administration of its program identifying
problems the State has encountered in the administration of its
program, steps taken to resolve these problems, as well as
recommendations for resolving any outstanding problems along with a
timeline for resolution. Items that shall be addressed in the annual
report include an assessment of the cumulative impacts of the State's
permitting program on the integrity of the State regulated waters;
identification of areas of particular concern and/or interest within
the State; the number and nature of individual and general permits
issued, modified, and denied; number of violations identified and
number and nature of enforcement actions taken; number of suspected
unauthorized activities reported and nature of action taken; an
estimate of extent of activities regulated by general permits; the
number of permit applications received but not yet processed; and an
assessment of avoidance, minimization, and compensation required for
permits issued, including the type and quantity of resources impacted,
type and quantity of compensation required (including quantification
and rationale for out-of-kind or compensation provided outside the
watershed), and a description of why compensation was not required, if
applicable. The Annual Report shall briefly summarize resolution of
issues identified in the previous Annual Report. Additionally, to the
extent appropriate, the Annual Report should analyze program resources
and staffing, including staffing changes, training, and vacancy rate
since approval or the previous Annual Report.
* * * * *
    (e) Within 30 days of receipt of the Regional Administrator's final
comments, the Director will finalize the annual report, incorporating
and/or responding to the Regional

Administrator's comments, and transmit the final report to the Regional
Administrator. The Director shall make a copy of the final annual
report, accepted by the Regional Administrator, publicly available.
* * * * *
0
40. Amend Sec.  233.53 by revising paragraphs (a)(1) and (c) to read as
follows:

Sec.  233.53  Withdrawal of program approval.

    (a) * * *
    (1) The State shall give the Administrator and the Secretary no
less than 180 days' notice of the proposed transfer. With the notice,
the State shall submit a plan for the orderly transfer of all relevant
program information not in the possession of the Secretary (such as
permits, permit files, reports, permit applications, as well as files
regarding ongoing investigations, compliance orders, and enforcement
actions) which are necessary for the Secretary to administer the
program. The notice shall include the proposed transfer date.
* * * * *
    (c) The following procedures apply when the Administrator orders
the commencement of proceedings to determine whether to withdraw
approval of a State program:
    (1) Notice to State. If the Regional Administrator has cause to
believe that a State is not administering or enforcing its assumed
program in compliance with the requirements of the CWA and this part,
the Regional Administrator shall inform the Director of the State
agency administering the approved program in writing of the specific
areas of alleged noncompliance. If the State demonstrates to the
Regional Administrator within 30 days of such notification that the
State program is in compliance, the Regional Administrator shall take
no further action toward withdrawal, and shall so notify the State in
writing.
    (2) Public hearing. If the State has not demonstrated its
compliance to the satisfaction of the Regional Administrator within 30
days of notification, the Regional Administrator shall inform the
Director of that finding. The Administrator shall then schedule a
public hearing to solicit comments on the administration of the State
program and its compliance with the Act and this part. Notice of such
public hearing shall be published in the Federal Register, on EPA's
website, and in enough of the largest newspapers and/or news websites
in the State to attract statewide attention and mailed or emailed to
persons on appropriate Tribal, State, and EPA mailing lists. This
hearing shall be convened not less than 30 days or more than 60 days
following the date of publication of the notice of the hearing in the
Federal Register. Notice of the hearing shall identify the
Administrator's concerns. All interested parties shall be given
opportunity to make written or oral presentations on the State's
program at the public hearing.
    (3) Notice to State of findings. If the Administrator finds, after
the public hearing, that the State is not in compliance, the
Administrator shall notify the State via letter of the specific
deficiencies in the State program, including administration and
enforcement, and of necessary remedial actions. Within 90 days of
receipt of the above letter, the State shall either carry out the
required remedial action(s) or the Administrator shall withdraw program
approval. If the State performs all required remedial action(s) in the
allotted time or, if the Administrator determines as a result of the
hearing that the State is in compliance, the Administrator shall so
notify the State in writing and conclude the withdrawal proceedings. If
the Administrator makes the determination that the assumed program
should be withdrawn, then such determination will be published in the
Federal Register, and the Administrator shall remove from the CFR, as
appropriate, any provision addressing that State's assumed program. The
effective date of the withdrawal, and the date upon which the Corps
shall be the permitting authority, shall be 30 days after publication
of the Administrator's decision in the Federal Register.
    (4) Determination to withdraw. The Administrator's determination to
withdraw program approval shall constitute final Agency action within
the meaning of 5 U.S.C. 704.
* * * * *

Subpart G--Eligible Indian Tribes

Sec.  233.60  [Amended]

0
41. Amend Sec.  233.60 by removing in paragraph (c) the word ``Untied''
and adding in its place the word ``United.''
0
42. Amend Sec.  233.61 by revising paragraph (e) to read as follows:

Sec.  233.61  Determination of Tribal eligibility.

* * * * *
    (e) The Administrator may, at the Administrator's discretion,
request further documentation necessary to support a Tribal
application.
* * * * *
0
43. Amend Sec.  233.62 by revising paragraph (a) and adding paragraph
(c) to read as follows:

Sec.  233.62  Procedures for processing an Indian Tribe's application.

    (a) The Regional Administrator shall process an application of an
Indian Tribe submitted pursuant to Sec.  233.61 in a timely manner. The
Regional Administrator shall promptly notify the Indian Tribe of
receipt of the application.
* * * * *
    (c) The Regional Administrator shall follow the procedures for
substantial program revisions described in Sec.  233.16 in processing a
Tribe's request to add additional geographic area(s) to its assumed 404
dredged and fill permit program that would add reservation areas to the
scope of its approved program. A Tribe making such a request shall
provide an application meeting the requirements of Sec.  233.61 that
describes how the Tribe meets the eligibility criteria in Sec.  233.60
for the new area.

Subpart H--Approved State Programs

0
44. Revise Sec.  233.70 to read as follows:

Sec.  233.70  Michigan.

    The applicable regulatory program for discharges of dredged or fill
material into waters of the United States in Michigan that are not
presently used, or susceptible for use in their natural condition or by
reasonable improvement as a means to transport interstate or foreign
commerce shoreward to the ordinary high water mark, including wetlands
adjacent thereto, except those on Indian lands, is the program
administered by the Michigan Department of Environment, Great Lakes,
and Energy (previously named Department of Natural Resources,
Department of Environmental Quality, and Department of Natural
Resources and Environment), approved by EPA, pursuant to section 404 of
the CWA. Notice of this approval was published in the Federal Register
on October 2, 1984; the effective date of this program is October 16,
1984. This program consists of the following elements, as submitted to
EPA in the State's program submission and subsequently revised.
    (a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable 404 Program
under the CWA for the State of Michigan. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists on [Effective DATE of final rule]. To enforce
any edition other than that specified in this

section, the EPA must publish a document in the Federal Register and
the material must be available to the public. This incorporation by
reference (IBR) material is available for inspection at the EPA and at
the National Archives and Records Administration (NARA). Copies of this
IBR material also may be obtained from the EPA. Contact the EPA at: EPA
Docket Center Reading Room, WJC West Building, Room 3334, 1301
Constitution Avenue NW, Washington, DC 20004 (telephone number: 202-
566-1744), or send mail to Mail Code 5305G, 1200 Pennsylvania Ave. NW,
Washington, DC 20460, and at the Water Division, Environmental
Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, IL
60604. For information on the availability of this IBR material at
NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or
email [email protected]. Copies of the materials incorporated by
reference for Michigan's program can also be accessed at the Michigan
Department of Environment, Great Lakes, and Energy office at 525 W
Allegan St., Lansing, MI 48933, or at http://www.legislature.mi.gov/.
    (1) Natural Resources and Environmental Protection Act 451 of 1994,
Part 323 Great Lakes Shorelands Protection and Management, MCL Sec.
324.323 and Part 325 Great Lakes Submerged Lands, MCL Sec.  324.325 et
seq.
    (2) Natural Resources and Environmental Protection Act 451 of 1994,
Part 31 Water Resources Protection, MCL Sec.  324.31 et seq.
    (3) Natural Resources and Environmental Protection Act 451 of 1994,
Part 303 Wetland Protection, MCL Sec.  324.303 et seq.
    (4) Natural Resources and Environmental Protection Act 451 of 1994,
Part 301 Inland Lakes and Streams, MCL Sec.  324.301 et seq.
    (5) The Michigan Administrative Procedures Act of 1969, MCL Sec.
24-201 et seq.
    (6) Natural Resources and Environmental Protection Act 451 of 1994,
Parts 307 Inland Lake Levels and 315 Dam Safety, MCL Sec.  324.307 et
seq. and MCL Sec.  324.315 et seq.
    (7) R 281.21 through R 281.26 inclusive, R 281.811 through R
281.846 inclusive, R 281.921 through R 281.925 inclusive, R 281.951
through R 281.961 inclusive, and R 281.1301 through R 281.1313
inclusive of the Michigan Administrative Code.
    (b) Other Laws. The following statutes and regulations, although
not incorporated by reference, also are part of the approved State-
administered program:
    (1) Administrative Procedures Act, MCL 24.201 et seq.
    (2) Freedom of Information Act, MCL 15.231 et seq.
    (3) Open Meetings Act, MCL 15.261 et seq.
    (4) Natural Resources and Environmental Protection Act 451 of 1994,
Part 17 Michigan Environmental Protection Act, MCL 324.17 et seq.
    (c) Memoranda of Agreement.
    (1) The Memorandum of Agreement between EPA Region V and the
Michigan Department of Natural Resources, signed by the EPA Region V
Administrator on December 9, 1983. The 1983 Memorandum of Agreement has
subsequently been replaced by a Memorandum of Agreement between EPA
Region V and the Michigan Department of Environmental Quality (now
referred to as the Michigan Department of Environment, Great Lakes, and
Energy) signed on November 9, 2011.
    (2) The Memorandum of Agreement between the U.S. Army Corps of
Engineers and the Michigan Department of Natural Resources, signed by
the Commander, North Central Division, on March 27, 1984.
    (d) Statement of Legal Authority. (1) ``Attorney General
Certification section 404/State of Michigan'', signed by Attorney
General of Michigan, as submitted with the request for approval of
``The State of Michigan 404 Program'', October 26, 1983.
    (e) The Program description and any other materials submitted as
part of the original submission or supplements thereto.
0
45. Amend Sec.  233.71 by:
0
a. Revising the last sentence of the introductory paragraph and
paragraph (a); and
0
b. Removing and reserving paragraph (b).
    The revisions read as follows:

Sec.  233.71  New Jersey.

    * * * This program consists of the following elements, as submitted
to EPA in the State's program submission:
    (a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable 404 Program
under the CWA for the State of New Jersey. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Material is
incorporated as it exists as of 1 p.m. on March 2, 1994. To enforce any
edition other than that specified in this section, the EPA must publish
a document in the Federal Register and the material must be available
to the public. This incorporation by reference (IBR) material is
available for inspection at the EPA and at the National Archives and
Records Administration (NARA). Copies of this IBR material also may be
obtained from the EPA. Contact the EPA at: EPA Docket Center Reading
Room, WJC West Building, Room 3334, 1301 Constitution Avenue NW,
Washington, DC 20004 (telephone number:<PHONE_NUMBER>), or send mail to
Mail Code 5305G, 1200 Pennsylvania Ave. NW, Washington, DC 20460, and
at the Library of the Region 2 Regional Office, Ted Weiss Federal
Building, 290 Broadway, New York, NY 10007. For information on the
availability of this IBR material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email
[email protected]. Copies of the materials incorporated by
reference for New Jersey's program can also be accessed at the New
Jersey Department of Environmental Protection at 401 East State St.,
Trenton, NJ 08625, or at https://www.epa.gov/cwa404g/us-interactive-map-state-and-tribal-assumption-under-cwa-section-404#nj.
    (1) New Jersey Statutory Requirements Applicable to the Freshwater
Wetlands Program, 1994.
    (2) New Jersey Regulatory Requirements Applicable to the Freshwater
Wetlands Program, 1994.
    (b) [Reserved]
* * * * *
[FR Doc. 2023-15284 Filed 8-11-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 194 (Monday, October 7, 2013)]
[Notices]
[Page 61943]
[FR Doc No: 2013-24374]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

Filings Instituting Proceedings

    Docket Numbers: RP13-1344-000.
    Applicants: Dominion Cove Point LNG, LP.
    Description: DCP--2013 Revenue Crediting Report.
    Filed Date: 9/23/13.
    Accession Number: 20130923-5019.
    Comments Due: 5 p.m. e.t.10/7/13.

    Docket Numbers: RP13-1345-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Negotiated Rates--MarketLink--PPL to be effective 10/
1/2013.
    Filed Date: 9/23/13.
    Accession Number: 20130923-5051.
    Comments Due: 5 p.m. e.t. 10/7/13.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: September 24, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-24374 Filed 10-4-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: December 8, 2008 (Volume 73, Number 236)]
[Notices]
[Page 74565-74566]
[DOCID:fr08de08-111]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-98-3637; FMCSA-99-6156; FMCSA-00-7006; FMCSA-00-7165;
FMCSA-00-8203; FMCSA-02-12294; FMCSA-04-18885; FMCSA-06-23773; FMCSA-
06-24783]

Qualification of Drivers; Exemption Renewals; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

-----------------------------------------------------------------------

SUMMARY: FMCSA previously announced its decision to renew the
exemptions from the vision requirement in the Federal Motor Carrier
Safety Regulations for 15 individuals. FMCSA has statutory authority to
exempt individuals from the vision requirement if the exemptions
granted will not compromise safety. The Agency has reviewed the
comments submitted in response to the previous announcement and
concluded that granting these exemptions will provide a level of safety
that will be equivalent to, or greater than, the level of safety
maintained without the exemptions for these commercial motor vehicle
(CMV) drivers.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may see all the comments online through the Federal Document
Management System (FDMS) at http://www.regulations.gov.

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
for a 2-year period if it finds ``such exemption would likely achieve a
level of safety that is equivalent to, or greater than, the level that
would be achieved absent such exemption.'' The statute also

allows the Agency to renew exemptions at the end of the 2-year period.
The comment period ended on November 10, 2008.

Discussion of Comments

    FMCSA received no comments in this proceeding.

Conclusion

    The Agency has not received any adverse evidence on any of these
drivers that indicates that safety is being compromised. Based upon its
evaluation of the 15 renewal applications, FMCSA renews the Federal
vision exemptions for Donald O. Clopton, Richard B. Eckert, Charles B.
Edwards, Gary R. Evan, George R. Gorsuch, Jr., Harlan L. Gunter, Steven
H. Heidorn, Danny E. Hillier, Jimmy D. Johnson, II., Gary L. Killian,
Volga Kirkwood, Garry R. Setters, Jimmy E. Settle, Noel S. Wangerin,
and Hubert Whittenburg.
    In accordance with 49 U.S.C. 31136(e) and 31315, each renewal
exemption will be valid for 2 years unless revoked earlier by FMCSA.
The exemption will be revoked if: (1) The person fails to comply with
the terms and conditions of the exemption; (2) the exemption has
resulted in a lower level of safety than was maintained before it was
granted; or (3) continuation of the exemption would not be consistent
with the goals and objectives of 49 U.S.C. 31136 and 31315.

    Issued on: November 28, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-28948 Filed 12-5-08; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 84, Number 148 (Thursday, August 1, 2019)]
[Notices]
[Pages 37668-37669]
[FR Doc No: 2019-16404]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002; Internal Agency Docket No. FEMA-B-1950]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before October 30, 2019.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location https://www.fema.gov/preliminaryfloodhazarddata and the
respective Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1950, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
             Larimer County, Colorado and Incorporated Areas
          Project: 18-08-0037S Preliminary Date: March 8, 2019
------------------------------------------------------------------------
Town of Berthoud.......................  Town Hall, 807 Mountain Avenue,
                                          Berthoud, CO 80513.
Town of Johnstown......................  Town Hall, 450 South Parish
                                          Avenue, Johnstown, CO 80534.
Unincorporated Areas of Larimer County.  Larimer County Courthouse
                                          Offices Building, 200 West Oak
                                          Street, Fort Collins, CO
                                          80521.
------------------------------------------------------------------------

              Citrus County, Florida and Incorporated Areas
        Project: 13-04-1877S Preliminary Date: September 29, 2018
------------------------------------------------------------------------
City of Crystal River..................  City Hall, 123 Northwest U.S.
                                          Highway 19, Crystal River, FL
                                          34428.
Unincorporated Areas of Citrus County..  Citrus County Government
                                          Building, 3600 West Sovereign
                                          Path, Suite 111, Lecanto, FL
                                          34461.
------------------------------------------------------------------------
             Hernando County, Florida and Incorporated Areas
         Project: 13-04-1877S Preliminary Date: August 24, 2018
------------------------------------------------------------------------
City of Weeki Wachee...................  City Hall, 6131 Commercial Way,
                                          Weeki Wachee, FL 34606.
Unincorporated Areas of Hernando County  Hernando County Zoning
                                          Division, 789 Providence
                                          Boulevard, Brooksville, FL
                                          34601.
------------------------------------------------------------------------
           Hillsborough County, Florida and Incorporated Areas
         Project: 13-04-1877S Preliminary Date: October 26, 2018
------------------------------------------------------------------------
City of Tampa..........................  Construction Services Center,
                                          1400 North Boulevard, Tampa,
                                          FL 33607.
Unincorporated Areas of Hillsborough     Hillsborough County Public
 County.                                  Works Department, 601 East
                                          Kennedy Boulevard, 22nd Floor,
                                          Tampa, FL 33602.
------------------------------------------------------------------------
             Manatee County, Florida and Incorporated Areas
        Project: 13-04-1877S Preliminary Date: November 30, 2018
------------------------------------------------------------------------
City of Anna Maria.....................  City Hall, 10005 Gulf Drive,
                                          Anna Maria, FL 34216.
City of Bradenton......................  City Hall, 101 Old Main Street
                                          West, Bradenton, FL 34205.
City of Bradenton Beach................  City Hall, 107 Gulf Drive
                                          North, Bradenton Beach, FL
                                          34217.
City of Holmes Beach...................  City Hall, 5801 Marina Drive,
                                          Holmes Beach, FL 34217.
City of Palmetto.......................  Building Department, 601 17th
                                          Street West, Palmetto, FL
                                          34221.
Town of Longboat Key...................  Town Hall, 501 Bay Isles Road,
                                          Longboat Key, FL 34228.
Unincorporated Areas of Manatee County.  Manatee County Building and
                                          Development Services
                                          Department, 1112 Manatee
                                          Avenue West, 4th Floor,
                                          Bradenton, FL 34205.
------------------------------------------------------------------------

[FR Doc. 2019-16404 Filed 7-31-19; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register: January 5, 2009 (Volume 74, Number 2)]
[Notices]
[Page 334-335]
[DOCID:fr05ja09-111]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-25290]

Commercial Driver's License Standards; Isuzu Motors America,
Inc.'s Exemption Application

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition; granting of application for
exemption.

-----------------------------------------------------------------------

SUMMARY: The FMCSA announces its decision to approve Isuzu Motors
America, Inc.'s (Isuzu), application for an exemption for a period of 2
years for 27 of its driver-employees who are citizens and residents of
Japan and hold a Japanese CDL, to enable them to test-drive commercial
motor vehicles (CMVs) in the United States without a commercial
driver's license (CDL) issued by one of the States. Isuzu requested the
exemption so that these driver-employees can operate as a team,
evaluating and testing production and prototype CMVs in the United
States in order to assist in the design of safe vehicles for sale in
the United States. FMCSA believes the knowledge and skills testing and
training program that Japanese drivers must undergo to obtain a
Japanese CDL ensures a level of safety that is equivalent to, or
greater than, the level of safety achieved without the exemption.

DATES: This exemption is effective on January 5, 2009 and expires on
January 5, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Robert F. Schultz, Jr., FMCSA
Office of Bus and Truck Standards and Operations, Driver and Carrier
Operations Division, Telephone:<PHONE_NUMBER>, or e-mail<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
for a maximum of 2 years if it finds ``* * * such exemption would
likely achieve a level of safety that is equivalent to, or greater
than, the level that would be achieved absent such exemption * * *''
The procedure for requesting an exemption is prescribed by 49 CFR part
381. FMCSA has evaluated Isuzu's application on its merits and decided
to grant the exemption from 49 CFR 383.23 for the 27 Isuzu employees
listed under ``Japanese Drivers'' below for a 2-year period.

Isuzu Application for an Exemption

    Isuzu has applied for an exemption from the requirement of 49 CFR
383.23 that operators of CMVs must obtain a CDL from one of the States.
Specifically, it asks that 27 of its employee-drivers who are citizens
and residents of Japan and hold a Japanese CDL be permitted to operate
a CMV in the United States for a period of 2 years. The exemption would
allow these individuals to test-drive Isuzu CMVs without a CDL issued
by one of the States. A copy of the request for exemption is in the
docket identified at the beginning of this notice.

Comments

    On August 25, 2008, FMCSA published a notice of Isuzu's application
for exemption (73 FR 50065), and requested comments from the public.
Only one brief comment was received; it urged FMCSA to deny the
exemption because the author believed that the 27 Isuzu employees
should be required to comply with the CDL law. The comment did not
address the qualifications of these employees to operate CMVs, nor did
it address the core issue as defined by 49 U.S.C. 31315 and 31136(e),
i.e. whether granting these exemptions will lower the level of safety
of CDL operations in the U.S. below the level of safety that would be
experienced if this exemption were denied.

Japanese Drivers

    This exemption enables the following 27 drivers to operate CMVs in
the U.S. without a CDL for a period of 2 years: Yasushi Akazawa, Kenji
Takashima, Kunihisa Nagata, Hidenori Seki, Toshihiko Morikawa, Koichi
Uneo, Atsushi Fujiwara, Katsushi Suzuki, Mitsugu Yamamoto, Takashi
Nakaya, Takahisa Chiba, Shigeru Kitano, Daisuke Mori, Takahiro
Kakizaki, Takamasa Ono, Koichi Sekine, Shinichi Takahashi, Shinya
Ogawa, Masamitsu Oohata, Tamotsu Watanabe, Masahito Suzuki, Kazuya
Suwa, Hiroshi Yokobori, Tatsuji Kitamura, Shinichi Ishiguro, Takashi
Hiromatsu, and Jun Mizushima.

Method To Ensure an Equivalent or Greater Level of Safety

    These Isuzu drivers are citizens and residents of Japan, have valid
Japanese-issued CDLs, and are experienced CMV operators. Drivers
applying to obtain a Japanese-issued CDL must successfully pass a
knowledge test and a skills test before a license to operate a CMV is
issued. Prior to taking the tests, drivers are required to hold a
conventional driver's license for at least 3 years. A driver granted a
Japanese CDL may legally operate any CMV permitted on the roads of
Japan. Thus, the requirements of a Japanese-issued CDL are considered
comparable to, or as effective as, the requirements for a U.S. CDL (49
CFR part 383). Isuzu believes that these drivers will operate in such a
manner that the level of safety with the exemptions in place will
equal, or exceed, the level of safety that would be attained in the
absence of the exemption.

FMCSA Decision

    The FMCSA decision to grant these 27 drivers an exemption from
Section 383.23 is based on the merits of the application for exemption,
the rigorous knowledge and skills testing of Japanese drivers
concerning the safe operation of CMVs, and consideration of the comment
submitted in response to the public notice.

Terms and Conditions of the Exemption

    Exemption from the requirements of Section 383.23 is granted to the
27 individuals identified under the ``Japanese Drivers'' heading above,
subject to the following terms and conditions: (1) That these drivers
are subject to the drug and alcohol regulations, including testing, as
provided in 49 CFR part 382, (2) that these drivers are subject to the
same driver disqualification rules under 49 CFR parts 383 and 391 that
apply to other CMV drivers in the United States, (3) that these drivers
keep a copy of the exemption in the CMV they are driving at all times,
(4) that Isuzu notify FMCSA in writing of any accident, as defined in
49 CFR 390.5, involving one of the exempted drivers, and (5) that Isuzu
notify FMCSA in writing if any driver is convicted of a disqualifying
offense described in section 383.51 or 391.15 of the Federal Motor
Carrier Safety Regulations.
    The exemption will be revoked if: (1) The Isuzu drivers fail to
comply with the terms and conditions of the exemption; (2) the
exemption has resulted in a lower level of safety than was maintained
before it was granted; or (3) continuation of the exemption would not
be consistent with the goals and objectives of 49 U.S.C. 31315 and
31136.

    Issued on: December 19, 2008.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E8-31364 Filed 1-2-09; 8:45 am]

BILLING CODE 4910-EX-P