33,864
                                                                         -6,558
                                                                          9,149
                                                                         36,456
Cost
                                                                     $1,760,928
                                                                      -$340,999
                                                                       $475,765
                                                                     $1,895,695

As can be seen from Table 17, the total, bottom line burden incurred by the EPA for the part 70 Operating Permits Program is estimated to be about 36,500 hours and $1.9 million dollars per year. This total represents approximately 2 hours and $120 per source.

6(e)(iii) Variations in the Annual Bottom Line

The annual burden is not expected to change significantly from year to year over the 3 years covered by this ICR renewal. However, the burden is expected to increase incrementally each year as the number of permitted sources increases by about 2.5 percent per year.

6(f) Reasons for Change in Burden

The part 70 program has been evolving since its inception, beginning with promulgation of the part 70 regulations in 1992. Early on, state and local permitting authorities developed their programs, submitted them to the EPA for approval and began issuing the initial permits. As of the beginning of this ICR, nearly all initial permits have been approved and permit issuance activities have shifted to processing permit renewals and permit implementation activities, such as operating gap-filling monitoring and preparing monitoring or compliances reports. The FAP rule was designed to reduce the number of permit modification procedures necessary for processing by sources and permitting authorities to reduce overall burden and cost. The GHG Tailoring rule reduces the number of sources that would otherwise have to get a permit under the statutory "major source" thresholds, so even though it modestly increases the number of sources that have to get permits, it is beneficial to sources and permitting authorities because it prevents a much larger number of sources from having to get permits. Also, this ICR renewal reflects Step 2 of the phase-in of GHG permitting under the GHG Tailoring rule because this step is in effect at this time. Step 3 of the GHG Tailoring rule, which is scheduled to take effect in July of 2013, has been proposed at this time, but it would require the same applicability thresholds as Step 2. There is at least one other future rulemaking scheduled concerning applicability thresholds under the GHG Tailoring rule and if this rulemaking results in any expansion of the  universe of sources subject to permitting under part 70, the EPA will likely revise its burden and cost estimates for the part 70 program consistent with that rulemaking at that time.

With the experience gained through program implementation, the EPA and permitting authorities have a better sense of the activities associated with the program and the burden of those activities. The activities in this ICR have been developed based on this knowledge. The burden (in hours) in this ICR can be accurately compared to the approved burden levels in its predecessor on an activity-by-activity basis, since these burdens are independent of changes in the wage rates used to compute the costs for each activity.

The approved burden level in the 2007 ICR renewal was about 4.2 million hours per year for sources and 1.3 million burden hours per year for permitting authorities, for a total of about 5.5 million hours. Table 18 compares the burden in the 2007 ICR with the burden in this ICR renewal. The change in burden is a decrease from the 2007 ICR primarily due to burden reductions from fewer permit modifications being necessary due to implementation of the FAP rule. During the period of the 2007 ICR renewal, sources and permitting authorities were focused on revising existing permits (through significant modification procedures and renewals) to put flexibility provisions, authorized by the FAP rule, into existing title V permits, which partially offset the burden reductions that come from fewer permit modifications under the FAP rule. During the period of this ICR, we assume those FAP rule provisions have been established in the permits (except for a small number of new sources seeking Tier 2 flexible permits) and, thus, sources and permitting authorities alike reap the recurring burden reductions that come from the reduction in the number of significant and minor permit modifications that must be processed over the period of this ICR renewal. We estimate that the FAP rule reduces the burden by about 234,000 hours per year for sources and 180,000 hours per year for permitting authorities over the 3 years or this ICR renewal. The effects of the FAP rule are partially offset by the increased burden resulting from the requirement to permit GHG-emitting sources, although this burden has been limited by the GHG Tailoring rule to about 136,000 hours per year for sources and 102,000 hours per year for permitting authorities. Nevertheless, the FAP rule still provides a net reduction in burden for sources and permitting authorities after taking the GHG Tailoring rule into account.

         Table 18. Burden Change from 2007 ICR to Current ICR (Hours)

                              Type of Respondent
                  Average Annual Burden in November 2007 ICR
                     Average Annual Burden in ICR Renewal
                                  Difference

Sources
                                                                      4,176,069
                                                                      3,977,316
                                                                       -198,753
Permitting Authorities
                                                                      1,349,570
                                                                      1,336,370
                                                                        -13,200
Total
                                                                      5,525,639
                                                                      5,313,686
                                                                       -211,953

Also affecting the calculation of burden in this renewal is a change in the source population and the number of permits issued to part 70 sources since the last ICR renewal. Recent data shows a decline of almost 900 sources and permits from the levels assumed in the 2007 ICR renewal, possibly attributable to sources that have ceased operation due to the recent national economic decline. Also, our assumption concerning the number of new sources subject to permitting has changed  -  we assumed 50 new sources per year in the 2007 renewal, while this renewal assumes 100 new sources per year (based on recent data collected from permitting authorities).

In addition, as discussed in section 6(b)(i), we recalculated the cost of labor for sources and permitting authorities for this ICR renewal. While not affecting the burden in terms of hours, this resulted in a significant increase in the dollar-per-hour rate assumed for sources and permitting authorities. As a result of this change, the estimated cost of labor for this ICR increased by about $90 million per year for sources and $11 million per year for permitting authorities despite the decrease in burden hours for these respondents.

For the EPA, the estimated burden level in the 2007 ICR renewal was about 33,400 hours per year, which we estimate will increase to about 36,500 hours per year over the 3 years of this ICR renewal. Unlike the situation for sources and permitting authorities, we believe that the increase in burden for the EPA resulting from GHG permitting will be greater than the reduction achieved due to the FAP rule. This is because we expect EPA's role in reviewing and consulting with permitting authorities regarding permit modifications for GHGs will be significant during the initial implementation period that is currently taking place, while the level of EPA oversight that is foregone due to the reduction in modifications under the FAP rule will be less so. In addition, we updated the cost of labor assumed for the EPA (see section 6(c)). Based on the projected increases in burden hours and the dollar-per-hour rate for EPA labor, we estimate that the cost to the federal government of the part 70 program will increase by about $393,000.

6(g) Burden Statement

As previously noted, it is impractical to attempt to delineate burden by respondent and activity due to the large number of respondents, the variation in the circumstances for each respondent, and the varied nature of the activities of the program. Following in Table 19 is the apportioned burden for each type of respondent. This is derived from the total permitting authority hourly burden divided by the number of permitting authorities, and similarly for sources.

                      Table 19. Burden Statement (Hours)

                              Type of Respondent
                             Number of Respondents
                              Total Annual Burden
                     Average Annual Burden per Respondent
                       Average Annual Burden per Source

Sources
                                                                         15,940
                                                                      3,977,316
                                                                            250
                                                                            250
Permitting Authorities
                                                                            112
                                                                      1,336,370
                                                                         11,932
                                                                             84

For the federal government, the EPA is the only affected entity covered by this ICR. We project an annual burden of 36,456 hours for the EPA, or about 2 hours per source.

Burden means the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install, and utilize technology and systems for the purposes of collecting, validating, and verifying information, processing and maintaining information, and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.

To comment on the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden, including the use of automated collection techniques, the EPA has established a public docket for this ICR under Docket ID Number EPA-HQ-OAR-2004-0015, which is available for online viewing at www.regulations.gov, or in-person viewing at the Air and Radiation Docket and Information Center in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Reading Room is<PHONE_NUMBER>, and the telephone number for the Air and Radiation Docket and Information Center is<PHONE_NUMBER>. An electronic version of the public docket is available at www.regulations.gov. This site can be used to submit or view public comments, access the index listing of the contents of the public docket, and to access those documents in the public docket that are available electronically. When in the system, select "search," then key in the Docket ID Number identified above. Also, you can send comments to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW, Washington, D.C. 20503, Attention: Desk Officer for EPA. Please include the EPA Docket ID Number EPA-HQ-OAR-2004-0015 and OMB Control Number 2060-0243 in any correspondence.

                                 ATTACHMENT 1

                      ASSUMPTIONS FOR PART 70 ICR RENEWAL

 TIME PERIOD OF ICR

 The time period covered by this ICR is May 1, 2012 to April 2015

 SOURCE POPULATION

 Total population of title V sources as of June 2011 = 14,998.
   An additional 100 sources will be added to the program before the ICR period begins, so the source populations at the beginning of ICR period will be 15,088.
 This ICR projects that 284 new sources will become subject to title V each year increasing the population as follows:
 Source population at the end of ICR year 1 = 15,372
 Source population at the end of ICR year 2 = 15,656
 Source population at the end of ICR year 3 = 15,940

 INITIAL PERMIT ISSUANCE BACKLOG

  The total backlog of existing sources that had not received their initial permits was 338 sources as of June 2011.
  We Assume 85 initial backlogged permits will be issued before the ICR period begins and that all backlogged initial permits will be issued by the end of the ICR period (85 each year).

 GENERAL PERMITS

  Assume 16% of existing permits at beginning of ICR period are general permits.
  Assume no new general permits will be issued during period of ICR
  Assume 16% of renewals will be for general permits.

 INITIAL PERMITS ISSUANCE RATE

 Single-source permits are non-general permits.
 There will be 253 backlogged initial single-source permits that will be issued in equal amounts each year of the ICR.
 Source with backlogged permits have already submitted permit applications.
 There will be 852 new single-source permits issued during the ICR (284 per year).
 552 of the 852 new single-source permits will be for sources that become subject due to step 2 of the GHG Tailoring rule, 300 of the 852 are subject for other reasons -- the GHG estimate is from the RIA for the GHG Tailoring rule.
 Initial permits are composed of the new permits issued to new sources and new permits issued to reduce the backlog of sources that have submitted applications but are awaiting permit issuance (852 new + 253 backlog = 1,105 initial permits)

 PERMIT APPLICATIONS

 During the period of this ICR, it is assumed that only the new initial sources will submit applications for initial title V permits - backlogged initial source are assumed to have already prepared and submitted permit applications.

 PERMIT REVISION RATES

 Sources covered by general permits will not apply for permit revisions.
 Permit revisions estimates for any year are based on the number of single-source permits in force at the beginning of the year.
 Significant modifications occur for 10% of existing single-source permits per year.
 Minor permit modifications and administrative amendments occur for 50% of existing single-source permits per year.

 PERMIT RENEWAL

 Both single-source and general permits are renewed but we treat them separately because burdens differ greatly.
 Data indicate permit renewal backlog of 3,335 single-source permits as of June 2011 (permits that are passed their deadline for renewal).
 We assume that equal numbers of backlogged permits renewed each year.
 An additional 3,320 single-source permits will come due for renewal each year on their normal schedule (approximately 1/5 of the universe of permits issued or renewed 5 years previously, due to 5-year permit term).
 Assume 16% of all renewals are general permits and 84 % single-source permits.

 OPERATION OF GAP-FILING MONITORING

  We assume operation of such monitoring in 50% of all permits.

 MONITORING AND COMPLIANCE STATUS REPORTS

 These reports are made based on all previously-issued permits (single-source and general), so the permit total at the beginning of each ICR year is used to calculate the number of reports occurring each year.

 SYNTHETIC MINOR PERMITS

 All synthetic minor permits had been issued prior to July 2007 so no burden is included during the term of this ICR.

 PERMITTING AUTHORITY ACTIVITIES

 Program administration, general permits administration, and preparing the enforcement reports occur on a yearly basis.
 All new initial single-source permits (new and backlog) are assumed to go through the activities of permit drafting, public notification, interaction with the EPA, and issuance notifications.
 The activities of public hearings and finalizing draft permits that have public comment is assumed for 2% of new permits.

EPA ACTIVITIES

 The EPA reviews 25% of all new initial permits and consults on 25% of issues on new single-source permits, significant modifications, and minor permit modification.
  The EPA reviews all significant and minor permit modifications to single-source permits.
  The EPA reviews 5% of all single-source permit renewals.
  Program oversight and review of enforcement reports occurs on a yearly basis

FLEXIBLE AIR PERMITS

 See the ICR for the Flexible Air Permits rule (the FAP ICR) for more on the assumptions used in this portion of this ICR.
 All existing tier 1 and 2 FAP permits were issued prior to the beginning of this ICR.
 Tier I FAPs are 5% of all title V existing permits (existing when the ICR period begins or 797 permits).
 No new Tier 1 FAPs expected during ICR period because the EPA assumes that new sources are built and permitted to handle anticipated growth.
 Each Tier I FAP avoids 5 MPM per year and 1 SPM every 5 years.
 Tier 2 FAPs are 10% of all title V existing permits or 1,574 existing permits and 10% of all new permits issued by the end of the ICR period or 119 permits.
 Each Tier 2 FAP avoids 1 MPM per year.

GHG TAILORING RULE

 The burden hour assumptions in this ICR are from the RIA and the ICR change worksheet for the GHG Tailoring rule.
 The RIA for the GHG Tailoring rule estimated 552 new single-source permits due to GHG during Step 2 of the GHG Tailoring rule  -  we assume all will be issued in equal amounts during each year of the ICR period.
 We assume no residential or commercial sources (non-industrial sources) will be issued title V permits during Step 2  -  the GHG Tailoring rule RIA estimated less than 20 such permits would be issued and assumed the permit issuance burden would be one half that of industrial sources.
 All modifications and all renewals for existing single-source permits (non-GHG) will experience a small burden increase to address GHG requirements.
 We assume no general permits will be issued for new GHG sources during the period of this analysis.
 Modifications due to GHG are new modifications to single-source permits that not already accounted for in the baseline analysis. The NSR RIA assumes 915 per year of these.  See Appendix C, table 3.1.
 We assume 80% of renewals that occur during this period will need to address GHG due to combustion-related activities.
 The only additional burden for the EPA is related to review (100%) and consultation (25%) of minor permit modifications (MPM) and significant permit modifications (SPM) due to GHG.

                                 ATTACHMENT 2

TITLE V OF THE CLEAN AIR ACT, THE STATUTORY REQUIREMENTS FOR THE RESPONDENT INFORMATION

 SEC. 502. PERMIT PROGRAMS

 	 (a)  Violations.-  After the effective date of any permit program approved or promulgated under  this title, it shall be unlawful for any person to violate any requirement of a permit issued under this title, or to operate an affected source (as provided in title IV), a major source, any other  source (including an area source) subject to standards or regulations under section 111 or 112,  any other source required to have a permit under parts C or D of title I, or any other stationary source in a category designated (in whole or in part) by regulations promulgated by the  Administrator (after notice and public comment) which shall include a finding setting forth the basis for such designation, except in compliance with a permit issued by a permitting authority under this title. (Nothing in this subsection shall be construed to alter the applicable requirements of this Act that a permit be obtained before construction or modification.)  The Administrator may, in the Administrator's discretion and consistent with the applicable provisions of this Act, promulgate regulations to exempt one or more source categories (in whole or in part) from the requirements of this subsection if the Administrator finds that compliance with such requirements is impracticable, infeasible, or unnecessarily burdensome on such categories, except that the Administrator may not exempt any major source from such requirements.
 	(b)  Regulations.-  The Administrator shall promulgate within 12 months after the date of the enactment of the Clean Air Act Amendments of 1990 regulations establishing the minimum elements of a permit program  to be administered by any air pollution control agency. These elements shall include each of the following:
 	(1)  Requirements for permit applications, including a standard application form and criteria for determining in a timely fashion the completeness of applications.
 	(2)  Monitoring and reporting requirements.
 	(3)(A)  A requirement under State or local law or interstate compact that the owner or operator of all sources subject to the requirement to obtain a permit under this title pay an annual fee, or the equivalent over some other period, sufficient to cover all reasonable (direct and indirect) costs required to develop and administer the permit program requirements of this title, including section 507, including the reasonable costs of -
 	(i)  reviewing and acting  upon any application for such a permit,
 	(ii)  if the owner or operator receives a permit for such source, whether before or after the  date of the enactment of the Clean Air Act Amendments of 1990, implementing and enforcing the terms and conditions of any such permit (not including any court costs or other costs  associated with any enforcement action),
 	(iii)  emissions and ambient monitoring,
 	(iv)  preparing generally applicable regulations, or guidance,
 	(v)  modeling, analyses, and demonstrations, and
 	(vi)  preparing inventories and tracking emissions.
 	(B) The total amount of fees collected by the permitting authority shall conform to the following requirements:
 	(i)  The Administrator shall not approve a program as meeting the requirements of this  paragraph unless the State demonstrates that, except as otherwise provided in subparagraphs (ii)  through (v) of this  subparagraph, the program will result in the collection, in the aggregate,  from all sources subject to subparagraph (A), of an amount not less than $25 per ton of each regulated pollutant, or such other amount as the Administrator may determine adequately  reflects the reasonable costs of the permit program.
 	(ii)  As used in this subparagraph, the term "regulated pollutant" shall mean (I) a volatile organic compound; (II) each pollutant regulated under section 111 or 112; and (III) each  pollutant for which a national primary ambient air quality standard has been  promulgated (except that carbon monoxide shall be excluded from this reference).
 	(iii)  In determining the amount under clause (i), the permitting authority is not required to include any amount of regulated pollutant emitted by any source in excess of 4,000 tons per year of that regulated pollutant.
 	(iv)  The requirements of clause (i) shall not apply if the permitting authority demonstrates that collecting an amount less than the amount specified under clause (i) will meet the requirements of subparagraph (A).
 	(v)  The fee calculated under clause (i) shall be increased (consistent with the need to cover the reasonable costs authorized by subparagraph (A)) in each year beginning after the year of the enactment of the Clean Air Act Amendments of 1990 by the percentage, if any, by which the Consumer Price Index for the most recent calendar year ending before the beginning of such year exceeds the Consumer Price Index for the calendar year 1989. For purposes of this clause -
 	(I) the Consumer Price Index for any calendar year is the average of the Consumer Price  Index for all-urban consumers published by the Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year, and
 	(II) the revision of the Consumer Price Index which is most consistent with the Consumer Price Index for calendar year 1989 shall be used.
 	(C)(i)  If the Administrator determines, under subsection (d), that the fee provisions of the operating permit program do not meet the requirements of this paragraph, or if the Administrator makes a determination, under subsection (i), that the permitting authority is not adequately  administering or enforcing an approved fee program, the Administrator may, in addition to taking any other action authorized under this  title, collect reasonable fees from the sources identified under subparagraph (A). Such fees shall be designed solely to cover the Administrator's costs of administering the provisions of the permit program promulgated by the Administrator.
 	(ii) Any source that fails to pay fees lawfully imposed by the Administrator under this subparagraph shall pay a penalty of 50 percent of the fee amount, plus interest on the fee amount computed in accordance with section 6621(a)(2) of the Internal Revenue Code of 1986 (relating  to computation of interest on underpayment of Federal taxes).
 	(iii) Any fees, penalties, and interest collected under this subparagraph shall be deposited in a special fund in the United States Treasury for licensing and other services, which thereafter shall be available for appropriation, to remain available until expended, subject to appropriation, to carry out the Agency's activities for which the fees were collected. Any fee required to be collected by a State, local, or interstate agency under this subsection shall be utilized solely to cover all reasonable (direct and indirect) costs required to support the permit program as set forth in subparagraph (A).
 	(4)  Requirements for adequate personnel and funding to administer the program.
 	(5)  A requirement that the permitting authority have adequate authority to:
 	(A)  issue permits and assure compliance by all sources required to have a permit under  this title with each applicable standard, regulation or requirement under this Act;
 	(B)  issue permits for a fixed term, not to exceed 5 years;
 	(C)  assure that upon  issuance or renewal permits incorporate emission limitations and  other requirements in an applicable implementation plan;
 	(D)  terminate, modify, or revoke and reissue permits for cause;
 	(E)  enforce permits, permit fee requirements, and the requirement to obtain a permit,  including authority to recover civil penalties in a maximum amount of not less than $10,000 per day for each violation, and provide appropriate criminal penalties; and
 	(F) assure that no permit will be issued if the Administrator objects to its issuance in a timely manner under this title.
 	(6)  Adequate, streamlined, and reasonable procedures for expeditiously determining  when applications are complete, for processing such applications, for public notice, including  offering an opportunity for public comment and a hearing, and for expeditious review of permit actions, including applications, renewals, or revisions, and including an opportunity for judicial  review in State court of the final permit action by the applicant, any person who participated in  the public comment process, and any other person who could obtain judicial review of that action under applicable law.
 	(7)  To ensure against unreasonable delay by the permitting authority, adequate authority and procedures to provide that a failure of such permitting authority to act on a permit  application or permit renewal application (in accordance with the time periods specified in section 503 or, as appropriate, title IV) shall be treated as a final permit action solely for  purposes of obtaining judicial review in State court of an action brought by any person referred to in paragraph (6) to require that action be taken by the permitting authority on such application without additional delay.
 	(8) Authority, and reasonable procedures consistent with the need for expeditious action  by the permitting authority on permit applications and related matters, to make available to the public any permit application, compliance plan, permit, and monitoring or compliance report under section 503(e), subject to the provisions of section 114(c) of this Act.
 	(9)  A requirement that the permitting authority, in the case of permits with a term of 3 or more years for major sources, shall require revisions to the permit to incorporate applicable standards and regulations promulgated under this Act after the issuance of such permit. Such revisions shall occur as expeditiously as practicable and consistent with the procedures established under paragraph (6) but not later than 18 months after the promulgation of such standards and regulations. No such revision shall be required if the effective date of the standards or regulations is a date after the expiration of the permit term. Such permit revision shall be treated as a permit renewal if it complies with the requirements of this title regarding renewals.
 	(10) Provisions to allow changes within a permitted facility (or one operating pursuant to section 503(d)) without requiring a permit revision, if the changes are not modifications under  any provision of title I and the changes do not exceed the emissions allowable under the permit (whether expressed therein as a rate of emissions or in terms of total emissions:  Provided, That the facility provides the Administrator and the permitting authority with written notification in advance of the proposed changes which shall be a minimum of 7 days, unless the permitting  authority provides in its regulations a different time frame for emergencies.
 	(c)  Single Permit.-  A single permit may be issued for a facility with multiple sources.
 	(d)  Submission and Approval.-  (1) Not later than 3 years after the date of the enactment  of the Clean Air Act Amendments of 1990, the Governor of each State shall develop and submit to  the Administrator a permit program under State or local law or under an interstate compact meeting the requirements of this title. In addition, the Governor shall submit a legal opinion from the attorney general (or the attorney for those State air pollution control agencies that have independent legal counsel), or from the chief legal officer of an interstate agency, that the laws of the State, locality, or the interstate compact provide adequate authority to carry out the program. Not later than 1 year after receiving a program, and after notice and opportunity for public comment, the Administrator shall approve or disapprove such program, in whole or in part. The Administrator may approve a program to the extent that the program meets the requirements of this Act, including the regulations issued under subsection (b). If the program is disapproved, in whole or in part, the Administrator shall notify the Governor of any revisions or modifications necessary to obtain approval. The Governor shall revise and resubmit the program for review under this section within 180 days after receiving notification.
 	(2)(A)  If the Governor does not submit a program as required under paragraph (1) or if the Administrator disapproves a program submitted by the Governor under paragraph (1), in  whole or in part, the Administrator may, prior to the expiration of the 18-month period referred to in subparagraph (B), in the Administrator's discretion, apply any of the sanctions specified in section 179(b).
 	(B)  If the Governor does not submit a program as required under paragraph (1), or if the  Administrator disapproves any such program submitted by the Governor under paragraph (1), in whole or in part, 18 months after the date required for such submittal or the date of such  disapproval, as the case may be, the Administrator shall apply sanctions under section 179(b) in the same manner and subject to the same deadlines and other conditions as are applicable in the  case of a determination, disapproval, or finding under section 179(a).
 	(C)  The sanctions under section 179(b)(2) shall not apply pursuant to this paragraph in  any area unless the failure to submit or the disapproval referred to in subparagraph (A) or (B) relates to an air pollutant for which such area has been designated a nonattainment area (as  defined in part D of title I).
 	(3)  If a program meeting the requirements of this title has not been approved in whole for any State, the Administrator shall, 2 years after the date required for submission of such a program under paragraph (1), promulgate, administer, and enforce a program under this title for that State.
 	(e)  Suspension.- The Administrator shall suspend the issuance of permits promptly upon  publication of notice of approval of a permit program under this section, but may, in such notice, retain jurisdiction over permits that have been federally issued, but for which the administrative or judicial review process is not complete. The Administrator shall continue to administer and enforce federally issued permits under this title until they are replaced by a permit issued by a permitting program. Nothing in this subsection should be construed to limit the Administrator's ability to enforce permits issued by a State.
 	(f)  Prohibition.-  No partial permit program shall be approved unless, at a minimum, it  applies, and ensures compliance with, this title and each of the following:
 	(1) All requirements established under title IV applicable to "affected sources."
 	(2)  All requirements established under section 112 applicable to "major sources", "area sources," and "new sources."
 	(3)  All requirements of title I (other than section 112) applicable to sources required to have a permit under this title. Approval of a partial program shall not relieve the State of its obligation to submit a complete program, nor from the application of any sanctions under this Act for failure to submit an approvable permit program.
 	(g)  Interim Approval.-  If a program (including a partial permit program) submitted under this title substantially meets the requirements of this title, but is not fully approvable, the Administrator may by rule grant the program interim approval. In the notice of final rulemaking, the Administrator shall specify the changes that must be made before the program can receive full approval. An interim approval under this subsection shall expire on a date set by the Administrator not later than 2 years after such approval, and may not be renewed. For the period of any such interim approval, the provisions of subsection (d)(2), and the obligation of the  Administrator to promulgate a program under this title for the State pursuant to subsection (d)(3), shall be suspended. Such provisions and such obligation of the Administrator shall apply after the expiration of such interim approval.
 	(h)  Effective Date.-  The effective date of a permit program, or partial or interim program, approved under this title, shall be the effective date of approval by the Administrator. The effective date of a permit program, or partial permit program, promulgated by the Administrator shall be the date of promulgation.
 	(i)  Administration and Enforcement.-  (1)  Whenever the Administrator makes a  determination that a permitting authority is not adequately administering and enforcing a  program, or portion thereof, in accordance with the requirements of this title, the Administrator shall provide notice to the State and may, prior to the expiration of the 18-month period referred to in paragraph (2), in the Administrator's discretion, apply any of the sanctions specified in section 179(b).
 	(2)  Whenever the Administrator makes a determination that a permitting authority is not  adequately administering and enforcing a program, or portion thereof, in accordance with the requirements of this title, 18 months after the date of the notice under paragraph (1), the  Administrator shall apply the sanctions under section 179(b) in the same manner and subject to the same deadlines and other conditions as are applicable in the case of a determination,  disapproval, or finding under section 179(a).
 	(3)  The sanctions under section 179(b)(2) shall not apply pursuant to this subsection in  any area unless the failure to adequately enforce and administer the program relates to an air pollutant for which such area has been designated a nonattainment area.
 	(4)  Whenever the Administrator has made a finding under paragraph (1) with respect to any State, unless the State has corrected such deficiency within 18 months after the date of such finding, the Administrator shall, 2 years after the date of such finding, promulgate, administer, and enforce a program under this title for that State. Nothing in this paragraph shall be construed to affect the validity of a program which has been approved under this title or the authority of any permitting authority acting under such program until such time as such program is promulgated by the Administrator under this paragraph. [42 U.S.C. 7661a]

  SEC. 503. PERMIT APPLICATIONS.

 	(a) APPLICABLE DATE.-Any source specified in section 502(a) shall become subject to a permit program, and required to have a permit, on the later of the following dates-
 	(1) The effective date of a permit program or partial or interim permit program applicable to the source; or
       	(2) The date such source becomes subject to section 502(a).
       	(b) COMPLIANCE PLAN.-(1) The regulations required by section 502(b) shall include a requirement that the applicant submit with the permit application a compliance plan describing how the source will comply with all applicable requirements under this Act. The compliance plan shall include a schedule of compliance, and a schedule under which the permittee will submit progress reports to the permitting authority no less frequently than every 6 months.
 	(2) The regulations shall further require the permittee to periodically (but no less frequently than annually) certify that the facility is in compliance with any applicable requirements of the permit, and to promptly report any deviations from permit requirements to the permitting authority.
 	(c) DEADLINE.-Any person required to have a permit shall, not later than 12 months after the date on which the source becomes subject to a permit program approved or promulgated under this title, or such earlier date as the permitting authority may establish, submit to the permitting authority a compliance plan and an application for a permit signed by a responsible official, who shall certify the accuracy of the information submitted. The permitting authority shall approve or disapprove a completed application (consistent with the procedures established under this title for consideration of such applications), and shall issue or deny the permit, within 18 months after the date of receipt thereof, except that the permitting authority shall establish a phased schedule for acting on permit applications submitted within the first full year after the effective date of a permit program (or a partial or interim program). Any such schedule shall assure that at least one-third of such permits will be acted on by such authority annually over a period of not to exceed 3 years after such effective date. Such authority shall establish reasonable procedures to prioritize such approval or disapproval actions in the case of applications for construction or modification under the applicable requirements of this Act.
 	(d) TIMELY AND COMPLETE APPLICATIONS.-Except for sources required to have a permit before construction or modification under the applicable requirements of this Act, if an applicant has submitted a timely and complete application for a permit required by this title (including renewals), but final action has not been taken on such application, the source's failure to have a permit shall not be a violation of this Act, unless the delay in final action was due to the failure of the applicant timely to submit information required or requested to process the application. No source required to have a permit under this title shall be in violation of section 502(a) before the date on which the source is required to submit an application under subsection (c).
 	(e) COPIES; AVAILABILITY.-A copy of each permit application, compliance plan (including the schedule of compliance), emissions or compliance monitoring report, certification, and each permit issued under this title, shall be available to the public. If an applicant or permittee is required to submit information entitled to protection from disclosure under section 114(c) of this Act, the applicant or permittee may submit such information separately. The requirements of section 114(c) shall apply to such information. The contents of a permit shall not be entitled to protection under section 114(c).

 SEC. 504. PERMIT REQUIREMENTS AND CONDITIONS.

 	(a) CONDITIONS.-Each permit issued under this title shall include enforceable emission limitations and standards, a schedule of compliance, a requirement that the permittee submit to the permitting authority, no less often than every 6 months, the results of any required monitoring, and such other conditions as are necessary to assure compliance with applicable requirements of this Act, including the requirements of the applicable implementation plan.
 	(b) MONITORING AND ANALYSIS.-The Administrator may by rule prescribe procedures and methods for determining compliance and for monitoring and analysis of pollutants regulated under this Act, but continuous emissions monitoring need not be required if alternative methods are available that provide sufficiently reliable and timely information for determining compliance. Nothing in this subsection shall be construed to affect any continuous emissions monitoring requirement of title IV, or where required elsewhere in this Act.
 	(c) INSPECTION, ENTRY, MONITORING, CERTIFICATION, AND REPORTING.-Each permit issued under this title shall set forth inspection, entry, monitoring, compliance certification, and reporting requirements to assure compliance with the permit terms and conditions. Such monitoring and reporting requirements shall conform to any applicable regulation under subsection (b). Any report required to be submitted by a permit issued to a corporation under this title shall be signed by a responsible corporate official, who shall certify its accuracy.

 §70.5(c)  Standard applications form and required information. The State program under this part shall provide for a standard application form or forms. Information as described below for each emissions unit at a part 70 source shall be included in the application. The Administrator may approve as part of a State program a list of insignificant activities and emissions levels which need not be included in permit applications. However, for insignificant activities which are exempted because of size or production rate, a list of such insignificant activities must be included in the application. An application may not omit information needed to determine the applicability of, or to impose, any applicable requirement, or to evaluate the fee amount required under the schedule approved pursuant to §70.9 of this part. The permitting authority may use discretion in developing application forms that best meet program needs and administrative efficiency. The forms and attachments chosen, however, shall include the elements specified below:
 	(1)  Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact.
 	(2)  A description of the source's processes and products (by Standard Industrial Classification Code) including any associated alternative scenario identified by the source.
 	(3)  The following emission related information:
 	(i)  All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except where such units are exempted under this paragraph (c) of this section. The permitting authority shall require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under the fee schedule approved pursuant to §70.9(b) of this part.
 	(ii)  Identification and description of all points of emissions described in paragraph (c)(3)(i) of this section in sufficient detail to establish the basis for fees and applicability of requirements of the Act.
 	(iii)  Emissions rate in tpy and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method.
 	(iv)  The following information to the extent it is needed to determine to regulate emissions: Fuels, fuel use, raw materials, production rates, and operating schedules.
 	(v)  Identification and description of air pollution control equipment and compliance monitoring devices or activities.
 	(vi)  Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the part 70 source.
 	(vii)  Other information required by any applicable requirement (including information related to stack height limitations developed pursuant to section 123 of the Act.)
 	(viii)  Calculations on which the information on paragraphs (c)(3)(i) through (c)(3)(vii) of this section is based.
 	(4)  The following air pollution control requirements:
 	(i)   Citation and description of all applicable requirements, and
 	(ii)  Description of or reference to any applicable test method for determining compliance with each applicable requirement.
 	(5)  Other specific information that may be necessary to implement and enforce other applicable requirements of the Act or of this part or to determine the applicability of such requirements.
 	(6)  An explanation of any proposed exemptions from otherwise applicable requirements.
 	(7)  Additional information as determined to be necessary by the permitting authority to define alternative operating scenarios identified by the source pursuant to § 70.6(a)(9) of this part or to define permit terms and conditions implementing § 70.4(b)(12) or § 70.6(a)(10) of this part.
 	(8)  A compliance plan for all part 70 sources that contains all the following:
 	(i)  A description of the compliance status of the source with respect to all applicable requirements.
 	(ii)  A description as follows:
 	(A)  For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
 	(B)  For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis.
 	(C)  For requirements for which the source is not in compliance at the time or permit issuance, a narrative description of how the source will achieve compliance with such requirements.
 	(iii)  A compliance schedule as follows:
 	(A)  For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.
 	(B)  For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.
 	(C)  A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to and shall not sanction noncompliance with, the applicable requirements on which it is based.
 	(iv)  A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a schedule of compliance to remedy a violation.
 	(v)  The compliance plan content requirements specified in this paragraph shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under title IV of the Act with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.
 	(9)  Requirements for compliance certification, including the following:
 	(i)  A certification of compliance with all applicable requirements by a responsible official consistent with paragraph (d) of this section and section 114(a)(3) of the Act;
 	(ii)  A statement of methods used for determining compliance, including a description of monitoring, record keeping, and reporting requirements and test methods;
 	(iii)  A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the permitting authority; and
 	(iv)  A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act.
 	(10)  The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under title IV of the Act.
 	(d)  Any application form, report, or compliance certification submitted pursuant to these regulations shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this part shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

                                 ATTACHMENT 3

ANALYSIS OF PART 70 STATE PROGRAM EVALUATIONS FOR ICR RENEWAL PURPOSES (1587.07)

                                   Background

   * Representative sample of State Evaluations selected (below) for review.
   * List of state/local agencies reviewed is similar to list of states that initially responded to surveys for earlier ICRs.
                 o             Previous ICR estimates based on responses from:  New Jersey, West Virginia, Mississippi, San Joaquin, Illinois, Vermont, Alabama, Dayton Ohio, Wisconsin.
                 o             Audit analysis based on same list, except for Dayton, Ohio and San Joaquin, where audits are not available for review.
                 o             State of Ohio was substituted for Dayton, Ohio because Dayton is a field office of the Ohio program, not a separate program.
   * State program evaluations not designed primarily for ICR purposes  -  designed for programs oversight purposes instead  -  thus, results only partially appropriate for ICR purposes.
   * State evaluations reports did not typically address totals burdens hours or costs for individual activities, sources or states, nor did they address average burden hours or average costs per permit, per source, or per permitting authority.
   * Data for ICR renewal also provided by the EPA's internal TOPS part 70 tracking system  -  a system where EPA Regional offices  provide tracking data on a 6-month basis for each approved part 70 program (some 3-month data also available for historical purposes).
                 o             TOPS data not summarized below, but independently included in assumptions included in ICR (i.e., source universe subject to permitting, number of initial permits issued, number of renewal permits issued,  Number of significant modification issued, number of general permits (also interpreted as number of sources subject to general permitting).
   * Since the last ICR renewal (30 months ago), the Title V Taskforce under the Clean Act Advisory Committee has undertaken a review of the title V program (this was mentioned briefly in the current ICR, section 3,3).  This effort resulted in a list of recommendations for changes to policy and rulemakings to make the programs amore effective, but no data useful for ICR renewal purposes was generated.
   * For the record, the previous ICR assumed the following:
         o General permits are 1/5 of the total.
         o Public notification occurs for every draft permit.
         o Public comments cause draft permits to be revised 10% of the time.
         o Public hearings are held for 2% of permits.
         o Gap-filling monitoring (or recordkeeping which serves the same purpose) is required in (1/2) of permits, including general permits.
         o Significant permit revisions occur in 1/10 of issued single permits (does not include general permits) on an annual basis (30% over 3 years)
         o Minor permit modifications occur in (1/2) of single permits each year (150% of permits over 3 years)
         o Administrative amendments occurs in (1/2) of single permits each year (150% of permits over 3 years)
         o Permit renewals occur roughly at the same rate as the initial permits expire and that any backlog of renewals is reduced over the 3-year period of the ICR.
         o Applying for a permit renewal is about 1/2 the burden of applying for an initial permit, while for states, permit renewals are about 1/3 the burden of initial permits.
         o 100% of compliance reports reviewed by states.

Note that all of these state programs have been effective, with at least interim approval, which allowed them to begin issuing permits, for over 10 years at present.

                            Results of Evaluations

   * No major changes to assumptions for ICR renewal supported by this review  -  information within evaluation reports generally consistent with past EPA assumptions.
   * The state evaluations generally lack quantitative data, but they provide general support that the assumptions of the ICR are a directionally correct assessment of the frequency that certain activities occur.
   * One minor change is in the number of sources that are expected to get regulatory relief through the use of general permits.  The evaluations are not convincing on this point but tracking data shows that 16% of permits are general permits.
   * Another minor change is in the percentage of public comments that lead to changes to the draft permits.  The evaluations suggests that such changes are rare, consistent with the frequency that public hearings occur, since the standard for changing the permit and for holding a public hearing are similar.  Thus, we are changing the frequency for finalizing drafts permit with public comment to 2% from 10% within the burden estimates for permitting authorities.

                                State Summaries

New Jersey (410 Permits)
   1. No General permits
   2. "Perform Gap-filling exercise on every permit" (didn't answer question directly)
   3. Public comments on less than 2% of draft permits, all changed in response
   4. Public hearing requested occasionally, public attendance low
   5. Significant modifications: 1-2% (TOPS shows 46 over life of program)
   6. Minor Modifications: 90% (TOPS only addresses significant modifications)
   7. Admin Amendments: 10%
   8. Review 100% of compliance reports
   9. Renewals easier to process because applications focus on changes at sources since permit issued.  Renewals not a high priority at this time

West Virginia (171 Permits)
   1. 1 general permit (certain units at natural gas compressor facilities), 26 sources fully implemented (13% of sources)
   2. "Some sort" of gap-filling recordkeeping or monitoring in "most, if not all permits." (Didn't say how many units in these permits had such M&R).  Experience is causing NSR permits to be written better, so that less gap-filing will be necessary in title V permits in future
   3. Public comments are "rare," or"0 to 3%," and change due to comments occur similarly
   4. No Public hearings have ever been held
   5. 191 modifications to date (over life of program)
   6. Significant Modifications:  11% (TOPS shows 0 over life of program)
   7. Minor Modifications: 30.9%
   8. Admin Amendments: 46.1%
   9. Renewals easier to process, but we have only processed a few (Did not elaborate further)
   10. Review 100% of compliance reports

Mississippi (317 Permits)
   1. No general permits.  Will consider general permits for MACT area sources not exempted from Title V
   2. Said in "some cases" gap-filling has lead to new control devices.  Also, did not specify how often gap-filling recordkeeping or monitoring added other than to say that they did so when the underlying standards are inadequate
   3. Has not received many public comments, most on high profile sources on Gulf Coast.  Also said comments during public comment period are "rare"
   4. Did not specify that any public hearings have occurred
   5. 384 revisions during life of program
   6. Significant Modifications:  85 out of 384 or 22% (TOPS says 138)
   7. Minor Modifications: 24 out of 384 or 6%
   8. Admin Amendments: 33 out of 384 or 9% also they said 502(B)(10) changes were 242 out of 384 or 63% (these are similar in burden to admin. amendments because no public process required)
   9. Renewals not easier to-date, but streamlined renewal applications coming, so may be easier in future
   10. Review 100% of compliance reports

Alabama (251 Permits)
   1. No general permits issued
   2. Periodic monitoring added for "most units subject to a regulation that do not contain underlying monitoring requirements"
   3. Public comments:  Said they have not received many and that most were not relevant to title V
   4. Did not state that any hearings had ever been held, only stated that they have procedures in place to hold hearings
   5. TOPS says 54 significant revisions to date (no response to these questions in audit)
   6. Renewals easier than initial issuance because of staff experience
   7. Review 100% of compliance reports

Vermont (20 permits)
   1. No general permits
   2. They said they have added monitoring when necessary, but not how often
   3. Public comments very few, perhaps 5% (1 comment)
   4. State has had 1 public hearing
   5. Significant Modifications:  55.3% (TOPS says 6 over life of program)
   6. Minor Modifications: 20%
   7. Admin Amendments: 26.7%
   8. Renewals easier to process, application much better, review focuses on changes and CAM
   9. Review 100% of compliance reports

Wisconsin (148 Permits)
   1. General permits for non-metallic minerals processing plants, small heating units, hospital sterilizers, and printing presses; about 5% of sources
   2. They say they have added monitoring but not how often
   3. Public comments on 10% of permits, 5% change due to comment
   4. Did not say how often public hearings held
   5. Significant Modifications:  80% (TOPS says 136 life of program)
   6. Minor Modifications: 5%
   7. Admin Amendments: 15%
   8. Just plainly said easier to renew
   9. Review 100% of compliance reports

Illinois (728 Permits)
   1. No general permits
   2. No universal approach as to when gap-filing added.  Much recordkeeping added but monitoring only typically for utility sources; monitoring may be added for other source categories based on case-by-case determination
   3. Public comments on 5-7% of draft permits; most result in changes to the permit to some extent
   4. Did not specify has often public hearings have occurred.  The EPA notes that state's website for public hearing did not contain any public hearing records for title V permits within the last 6 months
   5. Significant Modifications: 15% (TOPS says 41)
   6. Minor Modifications: 40%
   7. Admin Amendments: 45%
   8. Renewals easier because most requirements already established in permits, requirements do not typically need to change, and renewal application much more complete than applications for initial permits
   9. Review 100% of compliance reports

Ohio (755 Permits)
   1. No general permits
   2. "Gap-filling as appropriate based on regulations and DAPC Engineering Guide #65".  Also said "routinely" added to permits
   3. Public comments on less than 5% of draft permits; changes due to comments less than 1%
   4. 8 public hearings have occurred during life of program
   5. Significant Modifications: 10% (TOPS says 18)
   6. Minor Modifications: 4%
   7. Admin Amendments: 86%
   8. Very much easier because just updating what already done
   9. Review 100% of compliance reports

                                 ATTACHMENT 4

                   DECEMBER 14, 2011 FEDERAL REGISTER NOTICE

77820 Federal Register / Vol. 76, No. 240 / Wednesday, December 14, 2011 / Notices

ENVIRONMENTAL PROTECTION AGENCY
[EPA - HQ - OAR - 2004 - 0015 and EPA - HQ - OAR - 2004 - 0016; FRL - 9506 - 5]
Agency Information Collection Activities; Proposed Collections; Comment Request; State Operating Permit Program (Renewal) and Federal Operating Permit Program (Renewal)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), this document announces that the EPA is planning to submit a request to renew two existing approved Information Collection Requests (ICR) to the Office of Management and Budget (OMB). The two ICRs are scheduled to expire on April 30, 2012. Before submitting the two ICRs to OMB for review and approval, the EPA is soliciting comments on specific aspects of the proposed information collections as described below.
DATES: Comments must be submitted on or before February 13, 2012.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA - HQ - OAR - 2004 - 0015 (for the part 70 state program) or Docket ID No. EPA - HQ - OAR - 2004 - 0016 (for the part 71 Federal program), by one of the following methods:
	:: http://www.regulations.gov: Follow the on-line instructions for submitting comments.
	:: Email<EMAIL_ADDRESS>	:: Fax: (202) 566 - 9744.
	:: Mail: U.S. Environmental Protection Agency, Air and Radiation Docket and Information Center, Mailcode: 2822T, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Attention: Docket ID No. EPA - HQ - OAR - 2004 - 0015 (for Part 70) or Docket ID No. EPA - HQ - OAR - 2004 - 0016 (for Part 71). Please include a total of two copies.
	:: Hand Delivery: EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC 20460. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information.
	Instructions: Direct your comments to Docket ID No. EPA - HQ - OAR - 2004 - 0015 for the ICR renewal for the part 70 state permitting program or EPA - HQ - OAR - 2004 - 0016 for the ICR renewal for the part 71 Federal (EPA) permitting program. The EPA's policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov Web site is an ``anonymous access'' system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http://www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD - ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption and be free of any defects or viruses. For additional information about the EPA's public docket, visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Mr. Jeff Herring, Air Quality Policy Division, Office of Air Quality Planning and Standards (C504 - 05), Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541 - 3195; fax number: (919) 541 - 5509; email address<EMAIL_ADDRESS>SUPPLEMENTARY INFORMATION:

How can I access the docket and/or submit comments?

The EPA has established a public docket for the Part 70 ICR renewal under Docket ID No. EPA - HQ - OAR - 2004 - 0015 and a public docket for the Part 71 ICR renewal under Docket ID No. EPA - HQ - OAR - 2004 - 0016, which are available for online viewing at http://www.regulations.gov, or in person viewing at the Air and Radiation Docket in the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC The EPA/DC Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566 - 1744. Use http://www.regulations.gov to obtain a copy of the draft collection of information, submit or view public comments, access the index listing of the contents of the docket and access those documents in the public docket that are available electronically. Once in the system, select ``search,'' then key in the docket ID number identified in this document.

What information is the EPA particularly interested in?

Pursuant to section 3506(c)(2)(A) of the PRA, the EPA specifically solicits comments and information to enable it to:
	(i) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
	(ii) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
	(iii) Enhance the quality, utility and clarity of the information to be collected; and
	(iv) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated electronic, mechanical or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. In particular, the EPA is requesting  comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that the EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

What should I consider when I prepare my comments for the EPA?

You may find the following suggestions helpful for preparing your comments:
	1. Explain your views as clearly as possible and provide specific examples.
	2. Describe any assumptions that you used.
	3. Provide copies of any technical information and/or data you used that support your views.
	4. If you estimate potential burden or costs, explain how you arrived at the estimate that you provide.
	5. Offer alternative ways to improve the collection activity.
	6. Make sure to submit your comments by the deadline identified under DATES.
	7. To ensure proper receipt by the EPA, be sure to identify the docket ID number assigned to this action in the subject line on the first page of your response. You may also provide the name, date, and Federal Register citation.

What information collection activity does this apply to?

	Affected entities: Entities potentially affected by this action are those which must apply for and obtain an operating permit under title V of the Clean Air Act (Act). These, in general, include sources which are defined as ``major'' under any title of the Act.
	Title: Part 70 State Operating Permit Program (Renewal) and Part 71 Federal Operating Permit Program (Renewal).
	ICR number: For the Part 70 regulations, EPA ICR No. 1587.12 and OMB Control No. 2060 - 0243. For the Part 71 regulations, EPA ICR No. 1713.10 and OMB Control No. 2060 - 0336.
	ICR status: The two ICRs are both scheduled to expire on April 30, 2012.
	Abstract: Title V of the Act requires states to develop and implement a program for issuing operating permits to all sources that fall under any Act definition of ``major'' and certain other non-major sources that are subject to federal air quality regulations. The Act further requires the EPA to develop regulations that establish the minimum requirements for those state operating permits programs, to oversee implementation of the state programs, and to operate a federal operating permits program in areas not subject to an approved state program. An agency may not conduct or sponsor, and a
person is not required to respond to, a collection of information request unless it displays a currently valid OMB control number. The OMB control numbers for the EPA's regulations in 40 CFR are listed in 40 CFR part 9 and 48 CFR chapter 15. The EPA regulations setting forth requirements for the state operating permit program are at 40 CFR part 70 and the EPA regulations setting forth the requirements for the federal (EPA) operating permit program are at 40 CFR part 71. The part 70 program is designed to be implemented primarily by state and local permitting authorities in all areas where they have jurisdiction. The part 71 program is designed to be implemented primarily by the EPA in all areas where state and local agencies do not have jurisdiction, such as Indian Country and offshore beyond states' seaward boundaries.
	In order to receive an operating permit for a major or other source subject to either of the permitting programs, the applicant must conduct the necessary research, perform the appropriate analyses and prepare the permit application with documentation to demonstrate that their project meets all applicable statutory and regulatory requirements. Specific activities and requirements are listed and described in the Supporting Statements for the two ICRs.
	State and local agencies under part 70 and the EPA (or a delegate agency) under part 71 review permit applications, provide for public review of proposed permits, issue permits based on consideration of all technical factors and public input, and review information submittals required of sources during the term of the permit. Also, under part 70, the EPA reviews certain actions of the state and local agencies and provides oversight of the programs to ensure that they are being adequately implemented and enforced. Under part 71, the EPA reviews certain actions and performs oversight for any delegate agency, consistent with the terms of a delegation agreement. Consequently, information prepared and submitted by sources is essential for sources to receive permits, and for Federal, state, and local permitting agencies to adequately review the permit applications and thereby properly administer and manage the program.
	Since the previous renewal of this ICR, the EPA has promulgated two changes to the part 70 and 71 regulations: the Flexible Air Permits rule and the Greenhouse Gas (GHG) Tailoring rule. The first rule provides a mechanism for sources to establish provisions in their operating permits that result in fewer permit revisions necessary during the term of the permit. The second rule establishes levels where GHG emissions trigger permitting requirements. The information collection requirements for these regulatory revisions were approved by OMB after the approval of the 2007 ICR renewal and those approved changes are included and updated in these ICR renewals. Also, the previous part 71 ICR renewal identifed the EPA as the sole permitting authority, while this part 71 renewal identifies the EPA and one delegate agency, the Navajo Nation, as permitting authorities (the EPA continues to serve as a permitting authority in all areas, while the delegate agency serves as a permitting authority in a limited portion of Indian country).
	Information that is collected is handled according to the EPA's policies set forth in title 40, chapter 1, part 2, subpart B -- Confidentiality of Business Information (see 40 CFR part 2). See also section 114(c) of the Act.
	Burden Statement: Burden means the total time, effort or financial resources expended by persons to generate, maintain, retain or disclose or provide information to or for a federal agency. This includes the time needed to review instructions; develop, acquire, install and utilize technology and systems for the purposes of collecting, validating and verifying information, processing and maintaining information and disclosing and providing information; adjust the existing ways to comply with any previously applicable instructions and requirements; train personnel to be able to respond to a collection of information; search data sources; complete and review the collection of information; and transmit or otherwise disclose the information. The annual public reporting and recordkeeping burden for the collection of information under parts 70 and part 71 is broken down as follows:

                             Type of permit action
                                    Part 70
                                    Part 71
Permitting Authority:
  Number of Sources.............................................................................................
Burden Hours per Response:
  Sources...............................................................................................................
  Permitting Authority.........................................................................................
Total Annual Burden Hours:
  Sources...............................................................................................................
  Permitting Authority.........................................................................................
                                                                         15,940
                                                                            250
                                                                             84

                                                                      3,977,118
                                                                      1,334,766
                                                                            174

                                                                            215
                                                                             94

                                                                         37,413
                                                                       1,318[a]
Any minor discrepencies are due to rounding.

[a] Only delegate agency burden is shown for part 71.

	Respondents/Affected Entities: Industrial plants (sources); state, local, and tribal permitting authorities.
	Estimated Number of Respondents: For part 70, there are 15,940 sources and 112 state and local permitting authorities. For part 71, there are 174 industry sources and 1 tribal delegate permitting authority (the EPA serves as a permitting authority but is not a respondent).
	Estimated Total Annual Burden: For part 70, the total annual burden for sources and state and local permitting authorities is 5,311,884 hours and the total annual cost is $226,736,622. For part 71, the total annual burden for sources and the one delegate agency (tribal) is 38,731 hours and the total annual cost is $1,865,183.

Are there changes in the estimates from the last approval?

	Since the last renewal of the part 70 ICR (in 2007), there is a decrease of 214 thousand hours (or about a 4 percent decrease) of annual respondent burden. This change is primarily due to an updated estimate of the number of permits expected compared to the last ICR renewal. To a lesser extent, this decrease is due to reduced permit renewal activity related to implementation of the Flexible Permits rule. Although the GHG Tailoring rule increased the number of source respondents by 552, the increase in burden was more than offset by the decrease in burden from the updated estimate of the number of permits and the decreased burden from the implementation of the Flexible Air Permits rule. Also, the annual per respondent burden has changed very little since the last part 70 ICR renewal (248 hours previously compared to the new estimate of 250 hours or about a 1 percent increase).
	Since the last renewal of the part 71 ICR (in 2007), there is an increase of 10 thousand hours of total annual respondent burden (about a 36 percent increase). This is primarily due to an updated estimate of the number of permits expected (123 permits in the prior renewal versus 174 permits in this renewal or a 42 percent increase), which is due to increased energy development (oil and gas exploration and alternative energy development) in offshore areas under the EPA jurisdiction. In the current part 71 renewal, the Flexible Air Permits rule and the GHG Tailoring rule result in nearly offseting decreases and increases in burden. Also, even though the total annual burden has increased compared to the prior ICR renewal, the annual per source burden has decreased by about 3 percent.

What is the next step in the process for this ICR?

	The EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. At that time, the EPA will issue another Federal Register notice pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICRs to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the technical person listed under FOR FURTHER INFORMATION CONTACT.

	Dated: December 8, 2011.

Mary E. Henigin,
Acting Office Director, Office of Air Quality Planning and Standards.

[FR Doc. 2011 - 32062 Filed 12 - 13 - 11; 8:45 am]
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[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Notices]
[Page 25631]
[FR Doc No: 2023-08922]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER23-1669-000]

Raceway Solar 1, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Raceway Solar 1, LLC's application for market-based rate authority,
with an accompanying rate tariff, noting that such application includes
a request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 11, 2023.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at [email protected] or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: April 21, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-08922 Filed 4-26-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: August 1, 2008 (Volume 73, Number 149)]
[Rules and Regulations]
[Page 44911-44913]
[DOCID:fr01au08-3]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2008-0720]
RIN 1625-AA00

Safety Zone; Bollotta & Associates USS Midway Fireworks Display;
San Diego Harbor, San Diego, CA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone, on the
navigable waters of the San Diego Bay in support of the Bollotta &
Associates USS Midway Fireworks Display. This safety zone is necessary
to provide for the safety of the participants, crew, spectators,
participating vessels, and other vessels and users of the waterway.
Persons and vessels are prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative.

DATES: This rule is effective from 9:30 p.m. through 10 p.m. on August
2, 2008.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2008-0720 and are available online
at http://www.regulations.gov. They are also available for inspection
or copying at two locations: The Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays, and
the U.S. Coast Guard Sector San Diego, 2710 N. Harbor Drive, San Diego,
CA 92101 between 8 a.m. and 3 p.m., Monday through Friday, except
Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call Petty Officer Kristen Beer, USCG, Waterways
Management, U.S. Coast Guard Sector San Diego at<PHONE_NUMBER>. If you
have questions on viewing the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it was impracticable since the
logistical details of the fireworks show was not finalized nor
presented to the Coast Guard in enough time to draft and publish an
NPRM. As such, the event would occur before the rulemaking process was
complete.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. The issuance of the final approval
and permitting was so recent that in order for the rule to be in effect
at the time of the fireworks display it is necessary that the rule be
made effective less than 30 days after publication. In addition, it
would be contrary to the public interest not to publish this rule due
to protection from inherent dangers to the crew and public that are
present from a fireworks display.

Background and Purpose

    Fireworks & Stage FX America, Inc. is sponsoring the Bollotta &
Associates USS Midway Fireworks Display, a fireworks presentation from
an anchored barge located 250 yards from the USS Midway. The safety
zone will be an area consisting of a 200 yard radius around the barge.
This safety zone is necessary to provide for the safety of the crew,
spectators, vessels and other users of the waterway.

Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 9:30 p.m. to 10 p.m. on August 2, 2008. The limits of the safety
zone will be an area consisting of a 200 yard radius around the
anchored barge located at approximately 32[deg]42'48'' N,
117[deg]10'43'' W.
    The safety zone is necessary to provide for the safety of the
crews, spectators, and other vessels and users of the waterway. Persons
and vessels will be prohibited from entering into, transiting through,
or anchoring within this safety zone unless authorized by the Captain
of the Port, or his designated representative.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs

and benefits under section 6(a)(3) of that Order. The Office of
Management and Budget has not reviewed it under that Order.
    We expect the economic impact of this proposed rule to be so
minimal that a full Regulatory Evaluation is unnecessary.
    This determination is based on the size and location of the safety
zone. Commercial and recreational vessels will not be hindered by the
safety zone. Vessels will not be allowed to transit through the
designated safety zone during the specified times, however, vessel
traffic can pass safely around the safety zone.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the San Diego Bay from 9:30 p.m. to 10 p.m.
on August 2, 2008.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons. This
rule will be in effect for only one half hour late in the day when
vessel traffic is low. Vessel traffic can pass safely around the safety
zone. Before the effective period, the Coast Guard will publish a local
notice to mariners (LNM) and will issue broadcast notice to mariners
(BNM) alerts via marine channel 16 VHF before the safety zone is
enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would

limit the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(g), of the Instruction, from further
environmental documentation. A final environmental analysis checklist
and a final categorical exclusion determination are available in the
docket where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

Words of Issuance and Proposed Regulatory Text

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.

0
2. A new temporary safety zone Sec.  165.T11-074:

Sec.  165.T11-074  Safety zone; Bollotta & Associates USS Midway
Fireworks Display; San Diego Harbor, San Diego, CA.

    (a) Location. The limits of the proposed safety zone would be an
area consisting of a 200 yard radius around an anchored barge located
at approximately 32[deg]42'48'' N, 117[deg]10'63'' W.
    (b) Enforcement Period. This section will be enforced from 9:30
p.m. to 10 p.m. on August 2, 2008. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
Designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: July 22, 2008.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port Sector San Diego.
[FR Doc. E8-17608 Filed 7-31-08; 8:45 am]

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