1. EPA Region 1: CT, MA, ME, NH, RI, VT US EPA, Region 01 Office of Ecosystem Protection NPDES Storm Water Program 1 Congress St, Suite 1100 ( CMU) Boston, MA 02114 2023 The States of Connecticut, Maine, Rhode Island, and Vermont are the NPDES Permitting Authority for the majority of discharges within their respective states. The 1998 CGP was issued in the State of Massachusetts on February 17, 1998 ( 63 FR 78116) and the terms and conditions of the 1998 permit are effective for large construction activities in Massachusetts until further noticed. EPA will reissue this permit for the State of Massachusetts and for Indian Country within the State of Massachusetts for both large and small construction activities at a future date.

Permit No. Areas of Coverage/ Where EPA is Permitting Authority CTR10000I Indian country within the State of Connecticut NHR100000 State of New Hampshire RIR10000I Indian country within the State of Rhode Island VTR10000F Federal Facilities in the State of Vermont 2. EPA Region 2: NJ, NY, PR, VI For NJ, NY, and VI:

US EPA, Region 02 NPDES Storm Water Program 290 Broadway, 24th Floor New York, NY 10007 1866 For PR:

US EPA, Region 02 Caribbean Environmental Protection Division NPDES Storm Water Program 1492 Ponce de Leon Ave Central Europa Building, Suite 417 San Juan, PR 00907 4127 The State of New York is the NPDES Permitting Authority for the majority of discharges within its state. The State of New Jersey and the Virgin Islands are the NPDES Permitting Authority for all discharges within their respective states.

Permit No. Areas of Coverage/ Where EPA is Permitting Authority NYR10000I Indian country within the State of New York PRR100000 The Commonwealth of Puerto Rico Small and Large Construction Activities B 1 General Permit 3. EPA Region 3: DE, DC, MD, PA, VA, WV US EPA, Region 03 NPDES Storm Water Program 1650 Arch St Philadelphia, PA 19103 The State of Delaware is the NPDES Permitting Authority for the majority of discharges within its state. Maryland, Pennsylvania, Virginia, and West Virginia are the NPDES Permitting Authority for all discharges within their respective states.

Permit No. Areas of Coverage/ Where EPA is Permitting Authority DCR100000 The District of Columbia DER10000F Federal Facilities in the State of Delaware 4. EPA Region 4: AL, FL, GA, KY, MS, NC, SC, TN US EPA, Region 04 Water Management Division NPDES Storm Water Program 61 Forsyth St SW Atlanta, GA 30303 3104 Coverage Not Available. Construction activities in Region 4 must obtain permit coverage under an alternative permit.

5. EPA Region 5: IL, IN, MI, MN, OH, WI US EPA, Region 05 NPDES & Technical Support NPDES Storm Water Program 77 W Jackson Blvd ( WN 16J) Chicago, IL 60604 3507 The States of Michigan, Minnesota, and Wisconsin are the NPDES Permitting Authority for the majority of discharges within their respective states. The States of Illinois, Indiana, and Ohio are the NPDES Permitting Authorities for all discharges within their respective states.

Permit No. Areas of coverage/ where EPA is Permitting Authority MIR10000I Indian country within the State of Michigan MNR10000I Indian country within the State of Minnesota WIR10000I Indian country within the State of Wisconsin, except the Sokaogon Chippewa ( Mole Lake) Community.

Small and Large Construction Activities B 2 General Permit 6. EPA Region 6: AR, LA, OK, TX, NM ( except see Region 9 for Navajo lands, and see Region 8 for Ute Mountain Reservation lands) US EPA, Region 06 NPDES Storm Water Program 1445 Ross Ave, Suite 1200 Dallas, TX 75202 2733 The States of Louisiana, Oklahoma, and Texas are the NPDES Permitting Authority for the majority of discharges within their respective state. The State of Arkansas is the NPDES Permitting Authority for all discharges within its respective state.

Permit No. Areas of coverage/ where EPA is Permitting Authority LAR15000I Indian country within the State of Louisiana NMR150000 The State of New Mexico, except Indian country NMR15000I Indian country within the State of New Mexico, except Navajo Reservation Lands that are covered under Arizona permit AZR10000I and Ute Mountain Reservation Lands that are covered under Colorado permit COR10000I. OKR15000I Indian country within the State of Oklahoma OKR15000F Discharges in the State of Oklahoma that are not under the authority of the Oklahoma Department of Environmental Quality, including activities associated with with oil and gas exploration, drilling, operations, and pipelines ( includes SIC Groups 13 and 46, and SIC codes 492 and 5171), and point source discharges associated with agricultural production, services, and silviculture ( includes SIC Groups 01, 02, 07, 08, 09). TXR15000F Discharges in the State of Texas that are not under the authority of the Texas Commission on Environmental Quality ( formerly TNRCC), including activities associated with the exploration, development, or production of oil or gas or geothermal resources, including transportation of crude oil or natural gas by pipeline. TXR15000I Indian country within the State of Texas.

7. EPA Region 7: IA, KS, MO, NE ( except see Region 8 for Pine Ridge Reservation Lands) US EPA, Region 07 NPDES Storm Water Program 901 N 5th St Kansas City, KS 66101 The States of Iowa, Kansas, and Nebraska are the NPDES Permitting Authority for the majority of discharges within their respective states. The State of Missouri is the NPDES Permitting Authority for all discharges within its state.

Permit No. Areas of coverage/ where EPA is Permitting Authority IAR10000I Indian country within the State of Iowa KSR10000I Indian country within the State of Kansas NER10000I Indian country within the State of Nebraska, except Pine Ridge Reservation lands ( see Region 8)

Small and Large Construction Activities B 3 General Permit 8. EPA Region 8: CO, MT, ND, SD, WY, UT ( except see Region 9 for Goshute Reservation and Navajo Reservation Lands), the Ute Mountain Reservation in NM, and the Pine Ridge Reservation in NE. US EPA, Region 08 NPDES Storm Water Program 999 18th St, Suite 300 ( EPR EP) Denver, CO 80202 2466 The States of Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming are the NPDES Permitting Authority for the majority of discharges within their respective states.

Permit No. Areas of coverage/ where EPA is Permitting Authority COR10000F Federal Facilities in the State of Colorado, except those located on Indian country COR10000I Indian country within the State of Colorado, as well as the portion of the Ute Mountain Reservation located in New Mexico MTR10000I Indian country within the State of Montana NDR10000I Indian country within the State of North Dakota, as well as that portion of the Standing Rock Reservation located in South Dakota ( except for the portion of the lands within the former boundaries of the Lake Traverse Reservation which is covered under South Dakota permit SDR10000I listed below) SDR10000I Indian country within the State of South Dakota, as well as the portion of the Pine Ridge Reservation located in Nebraska and the portion of the lands within the former boundaries of the Lake Traverse Reservation located in North Dakota ( except for the Standing Rock Reservation which is covered under North Dakota permit NDR10000I listed above) UTR10000I Indian country within the State of Utah, except Goshute and Navajo Reservation lands ( see Region 9) WYR10000I Indian country within the State of Wyoming 9. EPA Region 9: CA, HI, NV, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Goshute Reservation in UT and NV, the Navajo Reservation in UT, NM, and AZ, the Duck Valley Reservation in ID, and the Fort McDermitt Reservation in OR. US EPA, Region 09 NPDES Storm Water Program 75 Hawthorne St San Francisco, CA 94105 3901 The States of Arizona, California and Nevada are the NPDES Permitting Authority for the majority of discharges within their respective states. The State of Hawaii is the NPDES Permitting Authority for all discharges within its state.

Permit No. Areas of coverage/ where EPA is Permitting Authority ASR100000 The Island of American Samoa AZR10000I Indian country within the State of Arizona, as well as Navajo Reservation lands in New Mexico and Utah CAR10000I Indian country within the State of California GUR100000 The Island of Guam JAR100000 Johnston Atoll MWR100000 Midway Island and Wake Island NIR100000 Commonwealth of the Northern Mariana Islands NVR10000I Indian country within the State of Nevada, as well as the Duck Valley Reservation in Idaho, the Fort McDermitt Reservation in Oregon and the Goshute Reservation in Utah Small and Large Construction Activities B 4 General Permit 10. EPA Region 10: AK, WA, ID ( except see Region 9 for Duck Valley Reservation Lands), and OR ( except see Region 9 for Fort McDermitt Reservation). US EPA, Region 10 NPDES Storm Water Program 1200 6th Ave ( OW 130) Seattle, WA 98101 1128 Phone: ( 206) 553 6650 The States of Oregon and Washington are the NPDES Permitting Authority for the majority of discharges within their respective states.

Permit No. Areas of coverage/ where EPA is Permitting Authority AKR100000 The State of Alaska, except Indian country AKR10000I Indian country within the state of Alaska IDR100000 The State of Idaho, except Indian country IDR10000I Indian country within the State of Idaho, except Duck Valley Reservation lands ( see Region 9) ORR10000I Indian country within the State of Oregon, except Fort McDermitt Reservation lands ( see Region 9) WAR10000F Federal Facilities in the State of Washington, except those located on Indian country WAR10000I Indian country within the State of Washington Small and Large Construction Activities B 5 General Permit Appendix C  Endangered Species Act Review Procedures You must meet at least one of the six criteria in Subpart 1.3. C. 6 to be eligible for coverage under this permit. You must follow the procedures in this Appendix to assess the potential effects of storm water discharges and storm water discharge related activities on listed species and their critical habitat. When evaluating these potential effects, operators must evaluate the entire project area.

For purposes of this Appendix, the term " project area" is inclusive of the term " Action Area." Action area is defined in 50 CFR § 402.02 as all areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action. This includes areas beyond the footprint of the construction area that may be affected by storm water discharges and storm water discharge related activities. " Project area" is defined in Appendix A.

( Operators who are eligible and able to certify eligibility under Criterion B, C, D, or F of Subpart 1.3. C. 6 because of a previously issued ESA section 10 permit, a previously completed ESA section 7 consultation, or because the operator's activities were already addressed in another operator's certification of eligibility may proceed directly to Step Four.)

Step One: Determine if Listed Threatened or Endangered Species are Present On or Near Your Project Area You must determine, to the best of your knowledge, whether listed species are located on or near your project area. To make this determination, you should:

Determine if listed species are in your county or township. The local offices of the U. S. Fish and Wildlife Service ( FWS), National Marine Fisheries Service ( NMFS), and State or Tribal Heritage Centers often maintain lists of federally listed endangered or threatened species on their internet sites. Visit www. epa. gov/ npdes/ stormwater/ cgp to find the appropriate site for your state or check with your local office. In most cases, these lists allow you to determine if there are listed species in your county or township.

If there are listed species in your county or township, check to see if critical habitat has been designated and if that area overlaps or is near your project area.

  Contact your local FWS, NMFS, or State or Tribal Heritage Center to determine if the listed species could be found on or near your project area and if any critical habitat areas have been designated that overlap or are near your project area. Critical habitat areas maybe designated independently from the listed species for your county, so even if there are no listed species in your county or township, you must still contact one of the agencies mentioned above to determine if there are any critical habitat areas on or near your project area.

You can also find critical habitat designations and associated requirements at 50 CFR Parts 17 and 226. http:// www. access. gpo. gov.

  If there are no listed species in your county or township, no critical habitat areas on or near your project area, or if your local FWS, NMFS, or State or Tribal Heritage Center indicates that listed species are not a concern in your part of the county or township, you may check box A on the Notice of Intent Form.

If there are listed species and if your local FWS, NMFS, or State or Tribal Heritage Center indicates that these species could exist on or near your project area, you will need to do one or more of the following:

Conduct visual inspections: This method may be particularly suitable for construction sites that are smaller in size or located in non natural settings such as highly urbanized areas or industrial parks where there is little or no natural habitat, or for construction activities that discharge directly into municipal storm water collection systems.

Conduct a formal biological survey. In some cases, particularly for larger construction sites with extensive storm water discharges, biological surveys may be an appropriate way to assess whether species are located on or near the project area and whether there are likely adverse effects to such species. Biological surveys are frequently performed by environmental consulting firms. A biological survey may in some cases be useful in conjunction with Steps Two, Three, or Four of these instructions.

Conduct an environmental assessment under the National Environmental Policy Act ( NEPA). Such reviews may indicate if listed species are in proximity to the project area. Coverage under the CGP does not trigger such a review because the CGP does not regulate new sources ( that is, dischargers subject to New Source Performance Standards under section 306 of the Clean Water Act), and is thus statutorily Small and Large Construction Activities C 1 General Permit exempted from NEPA. See CWA section 511( c). However, some construction activities might require review under NEPA for other reasons such as federal funding or other federal involvement in the project.

If listed threatened or endangered species or critical habitat are present in the project area, you must look at impacts to species and/ or habitat when following Steps Two through Four. Note that many but not all measures imposed to protect listed species under these steps will also protect critical habitat. Thus, meeting the eligibility requirements of this CGP may require measures to protect critical habitat that are separate from those to protect listed species.

Step Two: Determine if the Construction Activity's Storm Water Discharges or Storm Water Discharge Related Activities Are Likely to Adversely Affect Listed Threatened or Endangered Species or Designated Critical Habitat To receive CGP coverage, you must assess whether your storm water discharges or storm water dischargerelated activities is likely to adversely affect listed threatened or endangered species or designated critical habitat that are present on or near your project area.

Potential adverse effects from storm water discharges and storm water discharge related activities include:

Hydrological. Storm water discharges may cause siltation, sedimentation or induce other changes in receiving waters such as temperature, salinity or pH. These effects will vary with the amount of storm water discharged and the volume and condition of the receiving water. Where a storm water discharge constitutes a minute portion of the total volume of the receiving water, adverse hydrological effects are less likely. Construction activity itself may also alter drainage patterns on a site where construction occurs that can impact listed species or critical habitat.

  Habitat. Excavation, site development, grading, and other surface disturbance activities from construction activities, including the installation or placement of storm water BMPs, may adversely affect listed species or their habitat. Storm water may drain or inundate listed species habitat.

Toxicity. In some cases, pollutants in storm water may have toxic effects on listed species.

The scope of effects to consider will vary with each site. If you are having difficulty determining whether your project is likely to adversely affect listed species or critical habitat, or one of the Services has already raised concerns to you, you must contact the appropriate office of the FWS, NMFS or Natural Heritage Center for assistance. If adverse effects are not likely, then you may check box E on the NOI form and apply for coverage under the CGP. If the discharge may adversely effect listed species or critical habitat, you must follow Step Three.

Step Three: Determine if Measures Can Be Implemented to Avoid Adverse Effects If you make a preliminary determination that adverse effects are likely to occur, you can still receive coverage under Criterion E of Subpart 1.3. C. 6 of the CGP if appropriate measures are undertaken to avoid or eliminate the likelihood of adverse effects prior to applying for CGP coverage. These measures may involve relatively simple changes to construction activities such as re routing a storm water discharge to bypass an area where species are located, relocating BMPs, or by changing the " footprint" of the construction activity. You should contact the FWS and/ or NMFS to see what appropriate measures might be suitable to avoid or eliminate the likelihood of adverse impacts to listed species and/ or critical habitat. ( See 50 CFR § 402.13( b)). This can entail the initiation of informal consultation with the FWS and/ or NMFS ( described in more detail in Step Four).

If you adopt measures to avoid or eliminate adverse affects, you must continue to abide by those measures for the duration of the construction project and coverage under the CGP. These measures must be described in the SWPPP and are enforceable CGP conditions and/ or conditions for meeting the eligibility criteria in Subpart 1.3. If appropriate measures to avoid the likelihood of adverse effects are not available, you must follow Step Four.

Step Four: Determine if the Eligibility Requirements of Criterion B, C, D, or F of Subpart 1.3. C. 6 Can Be Met Where adverse effects are likely, you must contact the FWS and/ or NMFS. You may still be eligible for CGP coverage if any likely adverse effects can be addressed through meeting Criterion B, C, D, or F of Subpart 1.3. C. 6 of the CGP. These criteria are as follows:

1. An ESA Section 7 Consultation Is Performed for Your Activity ( See Criterion B or C of Subpart 1.3. C. 6 of the CGP).

Formal or informal ESA section 7 consultation is performed with the FWS and/ or NMFS that addresses the effects of your storm water discharges and storm water discharge related activities on federally listed and threatened Small and Large Construction Activities C 2 General Permit species and designated critical habitat. FWS and/ or NMFS may request that consultation take place if any actions are identified that may affect listed species or critical habitat. In order to be eligible for coverage under this permit, consultation must result in a " no jeopardy opinion" or a written concurrence by the Service( s) on a finding that your storm water discharge( s) and storm water discharge related activities are not likely to adversely affect listed species or critical habitat ( For more information on consultation, see 50 CFR § 402). If you receive a " jeopardy opinion," you may continue to work with the FWS and/ or NMFS and your permitting authority to modify your project so that it will not jeopardize listed species or designated critical habitat.

Most consultations are accomplished through informal consultation. By the terms of this CGP, EPA has automatically designated operators as non federal representatives for the purpose of conducting informal consultations. See Subpart 1.3. C. 6 and 50 CFR § 402.08 and § 402.13. When conducting informal ESA section 7 consultation as a non federal representative, you must follow the procedures found in 50 CFR Part 402 of the ESA regulations. You must notify FWS and/ or NMFS of your intention and agreement to conduct consultation as a non federal representative.

Consultation may occur in the context of another federal action at the construction site ( e. g., where ESA section 7 consultation was performed for issuance of a wetlands dredge and fill permit for the project or where a NEPA review is performed for the project that incorporates a section 7 consultation). Any terms and conditions developed through consultations to protect listed species and critical habitat must be incorporated into the SWPPP. As noted above, operators may, if they wish, initiate consultation with the Services at Step Four.

Whether ESA section 7 consultation must be performed with either the FWS, NMFS or both Services depends on the listed species that may be affected by the operator's activity. In general, NMFS has jurisdiction over marine, estuaries, and anadromous species. Operators should also be aware that while formal section 7 consultation provides protection from incidental takings liability, informal consultation does not.

2. An Incidental Taking Permit Under Section 10 of the ESA is Issued for the Operators Activity ( See Criterion D of Subpart 1.3. C. 6 of the CGP).

Your construction activities are authorized through the issuance of a permit under section 10 of the ESA and that authorization addresses the effects of your storm water discharge( s) and storm water discharge related activities on federally listed species and designated critical habitat. You must follow FWS and/ or NMFS procedures when applying for an ESA Section 10 permit ( see 50 CFR § 17.22( b)( 1) for FWS and § 222.22 for NMFS). Application instructions for section 10 permits for FWS and NMFS can be obtained by accessing the FWS and NMFS websites ( http:// www. fws. gov and http:// www. nmfs. noaa. gov) or by contacting the appropriate FWS and NMFS regional office.

3. You are Covered Under the Eligibility Certification of Another Operator for the Project Area ( See Criterion F of Subpart 1.3. C. 6 of the CGP).

Your storm water discharges and storm water discharge related activities were already addressed in another operator's certification of eligibility under Criteria A through E of Subpart 1.3. C. 6 which also included your project area. For example, a general contractor or developer may have completed and filed an NOI for the entire project area with the necessary Endangered Species Act certifications ( criteria A E), subcontractors may then rely upon that certification and must comply with any conditions resulting from that process. By certifying eligibility under Criterion F of Subpart 1.3. C. 6, you agree to comply with any measures or controls upon which the other operator's certification under Criterion B, C, or D of Subpart 1.3. C. 6 was based. Certification under Criterion F of Subpart 1.3. C. 6 is discussed in more detail in the Fact Sheet that accompanies this permit.

You must comply with any terms and conditions imposed under the eligibility requirements of Criterion A through F to ensure that your storm water discharges and storm water discharge related activities are protective of listed species and/ or critical habitat. Such terms and conditions must be incorporated in the project's SWPPP. If the eligibility requirements of Subpart 1.3. C. 6 cannot be met, then you are not eligible for coverage under the CGP. In these instances, you may consider applying to EPA for an individual permit.

Small and Large Construction Activities C 3 General Permit Appendix D  Small Construction Waivers and Instructions These waivers are only available to storm water discharges associated with small construction activities ( i. e., 1 5 acres). As the operator of a small construction activity, you may be able to qualify for a waiver in lieu of needing to obtain coverage under this general permit based on: ( A) a low rainfall erosivity factor, ( B) a TMDL analysis, or ( C) an equivalent analysis that determines allocations for small construction sites are not needed. Each operator, otherwise needing permit coverage, must notify EPA of its intention for a waiver. It is the responsibility of those individuals wishing to obtain a waiver from coverage under this general permit to submit a complete and accurate waiver certification as described below. Where the operator changes or another is added during the construction project, the new operator must also submit a waiver certification to be waived.

A. Rainfall Erosivity Waiver Under this scenario the small construction project's rainfall erosivity factor calculation (" R" in the Revised Universal Soil Loss Equation) is less than 5 during the period of construction activity. The operator must certify to the Permitting Authority that construction activity will occur only when the rainfall erosivity factor is less than 5. The period of construction activity begins at initial earth disturbance and ends with final stabilization. Where vegetation will be used for final stabilization, the date of installation of a stabilization practice that will provide interim non vegetative stabilization can be used for the end of the construction period, provided the operator commits ( as a condition of waiver eligibility) to periodically inspect and properly maintain the area until the criteria for final stabilization as defined in the construction general permit have been met. If use of this interim stabilization eligibility condition was relied on to qualify for the waiver, signature on the waiver with its certification statement constitutes acceptance of and commitment to complete the final stabilization process. The operator must submit a waiver certification to EPA prior to commencing construction activities.

Note: The rainfall erosivity factor " R" is determined in accordance with Chapter 2 of Agriculture Handbook Number 703, Predicting Soil Erosion by Water: A Guide to Conservation Planning With the Revised Universal Soil Loss Equation ( RUSLE), pages 21   64, dated January 1997; United States Department of Agriculture ( USDA), Agricultural Research Service.

EPA funded a cooperative agreement with Texas A& M University to develop an online rainfall erosivity calculator. You can access the calculator from EPA's website at: www. epa. gov/ npdes/ stormwater/ cgp. Use of the calculator allows you to determine potential eligibility for the rainfall erosivity waiver. It may also be useful in determining the time periods during which construction activity could be waived from permit coverage. You may find that moving your construction activity by a few weeks or expediting site stabilization will allow you to qualify for the waiver.

If you are the operator of the construction activity and eligible for a waiver based on low erosivity potential, you must provide the following information on the waiver certification in order to be waived from permitting requirements:

1. Name, address and telephone number of the construction site operators;

2. Name ( or other identifier), address, county or similar governmental subdivision, and latitude/ longitude of the construction project or site;

3. Estimated construction start and completion ( i. e., final stabilization) dates, and total acreage ( to the nearest quarter acre) to be disturbed;

4. The rainfall erosivity factor calculation that applies to the active construction phase at your project site; and 5. A statement, signed and dated by an authorized representative as provided in Appendix G, Subsection 11, that certifies that the construction activity will take place during a period when the value of the rainfall erosivity factor is less than five.

At the time of publication, a Low Erosivity Waiver Form is not available. If EPA does create a form, it will be noticed ( either directly, by public notice, or by making information available on the Internet at www. epa. gov/ npdes/ stormwater/ cgp.

Note: If the R factor is 5 or greater, you cannot apply for the rainfall erosivity waiver, and must apply for permit coverage as per Subpart 2.1 of the construction general permit, unless you qualify for the Water Quality Waiver as described below.

If your small construction project continues beyond the projected completion date given on the waiver certification, you must recalculate the rainfall erosivity factor for the new project duration. If the R factor is below five ( 5), you Small and Large Construction Activities D 1 General Permit must update all applicable information on the waiver certification and retain a copy of the revised waiver as part of the site SWPPP. The new waiver certification must be submitted prior to the projected completion date listed on the original waiver form to assure your exemption from permitting requirements is uninterrupted. If the new R factor is five ( 5) or above, you must submit an NOI as per Part 2.

B. TMDL Waiver This waiver is available if EPA has established or approved a TMDL that addresses the pollutant( s) of concern and has determined that controls on storm water discharges from small construction activity are not needed to protect water quality. The pollutant( s) of concern include sediment ( such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the construction activity. Information on TMDLs that have been established or approved by EPA is available from EPA online at http:// www. epa. gov/ owow/ tmdl/ and from state and tribal water quality agencies.

If you are the operator of the construction activity and eligible for a waiver based on compliance with an EPA established or approved TMDL, you must provide the following information on the Waiver Certification form in order to be waived from permitting requirements:

1. Name, address and telephone number of the construction site operator( s);

2. Name ( or other identifier), address, county or similar governmental subdivision, and latitude/ longitude of the construction project or site;

3. Estimated construction start and completion ( i. e., final stabilization) dates, and total acreage ( to the nearest quarter acre) to be disturbed;

4. The name of the water body( s) that would be receiving storm water discharges from your construction project;

5. The name and approval date of the TMDL;

6. A statement, signed and dated by an authorized representative as provided in Appendix G, Subsection 11, that certifies that the construction activity will take place and that the storm water discharges will occur, within the drainage area addressed by the TMDL.

C. Equivalent Analysis Waiver This waiver is available for non impaired waters only. The operator can develop an equivalent analysis that determines allocations for his small construction site for the pollutant( s) of concern or determines that such allocations are not needed to protect water quality. This waiver requires a small construction operator to develop an equivalent analysis based on existing in stream concentrations, expected growth in pollutant concentrations from all sources, and a margin of safety.

If you are a construction operator who wants to use this waiver, you must develop your equivalent analysis and provide the following information to be waived from permitting requirements:

1. Name, address and telephone number of the construction site operator( s);

2 Name ( or other identifier), address, county or similar governmental subdivision, and latitude/ longitude of the construction project or site;

3 Estimated construction start and completion ( i. e., final stabilization) dates, and total acreage ( to the nearest quarter acre) to be disturbed;

4. The name of the water bodies that would be receiving storm water discharges from your construction project;

5. Your equivalent analysis;

6. A statement, signed and dated by an authorized representative as provided in Appendix G, Subsection 11, that certifies that the construction activity will take place and that the storm water discharges will occur, within the drainage area addressed by the equivalent analysis.

D. Waiver Deadlines and Submissions 1. Waiver certifications must be submitted prior to commencement of construction activities.

Small and Large Construction Activities D 2 General Permit 2. If you submit a TMDL or equivalent analysis waiver request, you are not waived until EPA approves your request. As such, you may not commence construction activities until receipt of approval from EPA.

3. Late Notifications: Operators are not prohibited from submitting waiver certifications after initiating clearing, grading, excavation activities, or other construction activities. The Agency reserves the right to take enforcement for any unpermitted discharges or permit noncompliance that occur between the time construction commenced and waiver authorization is granted.

Submittal of a waiver certification is an optional alternative to obtaining permit coverage for discharges of storm water associated with small construction activity, provided you qualify for the waiver. Any discharge of storm water associated with small construction activity not covered by either a permit or a waiver may be considered an unpermitted discharge under the Clean Water Act. As mentioned above, EPA reserves the right to take enforcement for any unpermitted discharges or permit noncompliance that occur between the time construction commenced and either discharge authorization is granted or a complete and accurate waiver certification is submitted. EPA may notify any operator covered by a waiver that they must apply for a permit. EPA may notify any operator who has been in non compliance with a waiver that they may no longer use the waiver for future projects. Any member of the public may petition EPA to take action under this provision by submitting written notice along with supporting justification.

Complete and accurate Rainfall Erosivity waiver certifications must be sent to the following address:

Regular U. S. Mail Delivery EPA Storm Water Notice Processing Center Mail Code 4203M U. S. EPA 1200 Pennsylvania Avenue, NW Washington, DC 20460 Overnight/ Express Mail Delivery EPA Storm Water Notice Processing Center Room 7420 U. S. EPA 1201Constitution Avenue, NW Washington, DC 20004 Complete and accurate TMDL or equivalent analysis waiver requests must be sent to the applicable EPA Region office specified in Appendix B.

Small and Large Construction Activities D 3 General Permit Appendix E  Notice of Intent Form and Instructions From the effective date of this permit, operators are to use the Notice of Intent Form contained in this Appendix to obtain permit coverage.

Small and Large Construction Activities E 1 General Permit Appendix F  Notice of Termination Form and Instructions From the effective date of this permit, operators are to use the Notice of Termination Form contained in this Appendix to terminate permit coverage.

Small and Large Construction Activities F 1 NPDES Form United States Environmental Protection Agency Washington, DC 20460 Notice of Termination ( NOT) of Coverage Under an NPDES General Permit for Storm Water Discharges Associated with Construction Activity Submission of this Notice of Termination constitutes notice that the party identified in Section II of this form is no longer authorized to discharge storm water associated with construction activity under the NPDES program from the site identified in Section III of this form. All necessary information must be included on this form. Refer to the instructions at the end of this form.

NPDES Storm Water General Permit Tracking Number:

Reason for Termination ( Check only one):

Final stabilization has been achieved on all portions of the site for which you are responsible.

Another operator has assumed control, according to Appendix G, Section 11. C of the CGP, over all areas of the site that have not been finally stabilized.

Coverage under an alternative NPDES permit has been obtained.

For residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner.

Name:

IRS Employer Identification Number ( EIN):

Mailing Address:

Street:

City: State: Zip Code:

Phone:   Fax ( optional):

E mail ( optional):

Project/ Site Name:

Project Street/ Location:

City: State: Zip Code:

County or similar government subdivision:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

Print Name:

Print Title:

Signature:

Date: This Form Replaces Form 3517 7 ( 8 98) Form Approved OMB Nos. 2040 0086 and 2040 0211 Refer to the Following Page for Instructions EPA Form 3510 13 ( Rev. 6/ 03) II. Operator Information III. Project/ Site Information IV. Certification Information I. Permit Information Instructions for Completing EPA Form 3510 13 Notice of Termination ( NOT) of Coverage Under an NPDES General Permit for Storm Water Discharges Associated with Construction Activity NPDES Form This Form Replaces Form 3517 7 ( 8 98) Form Approved OMB Nos. 2040 0086 and 2040 0211 Who May File an NOT Form Permittees who are presently covered under the EPA issued National Pollutant Discharge Elimination System ( NPDES) General Permit for Storm Water Discharges Associated with Construction Activity may submit an NOT form when final stabilization has been achieved on all portions of the site for which you are responsible; another operator has assumed control in accordance with Appendix G, Section 11. C of the General Permit over all areas of the site that have not been finally stabilized; coverage under an alternative NPDES permit has been obtained; or for residential construction only, temporary stabilization has been completed and the residence has been transferred to the homeowner.

  Final stabilization  means that all soil disturbing activities at the site have been completed and that a uniform perennial vegetative cover with a density of at least 70% of the native background vegetative cover for the area has been established on all unpaved areas and areas not covered by permanent structures, or equivalent permanent stabilization measures ( such as the use of riprap, gabions, or geotextiles) have been employed. See   final stabilization  definition in Appendix A of the Construction General Permit for further guidance where background native vegetation covers less than 100 percent of the ground, in arid or semi arid areas, for individual lots in residential construction, and for construction projects on land used for agricultural purposes.

Completing the Form Type or print, using uppercase letters, in the appropriate areas only. Please place each character between the marks. Abbreviate if necessary to stay within the number of characters allowed for each item. Use only one space for breaks between words, but not for punctuation marks unless they are needed to clarify your response. If you have any questions about this form, refer to www. epa. gov/ npdes/ stormwater/ cgp or telephone the Storm Water Notice Processing Center at ( 866) 352 7755. Please submit original document with signature in ink   do not send a photocopied signature.

Section I. Permit Number Enter the existing NPDES Storm Water General Permit Tracking Number assigned to the project by EPA s Storm Water Notice Processing Center. If you do not know the permit tracking number, refer to www. epa. gov/ npdes/ stormwater/ cgp or contact the Storm Water Notice Processing Center at ( 866) 352 7755.

Indicate your reason for submitting this Notice of Termination by checking the appropriate box. Check only one:

Final stabilization has been achieved on all portions of the site for which you are responsible.

Another operator has assumed control according to Appendix G, Section 11. C over all areas of the site that have not been finally stabilized.

Coverage under an alternative NPDES permit has been obtained.

For residential construction only, if temporary stabilization has been completed and the residence has been transferred to the homeowner.

Section II. Operator Information Provide the legal name of the person, firm, public organization, or any other entity that operates the project described in this application and is covered by the permit tracking number identified in Section I. The operator of the project is the legal entity that controls the site operation, rather than the site manager. Provide the employer identification number ( EIN from the Internal Revenue Service; IRS). If the applicant does not have an EIN enter   NA  in the space provided. Enter the complete mailing address and telephone number of the operator. Optional: enter the fax number and e mail address of the operator.

Section III. Project/ Site Information Enter the official or legal name and complete street address, including city, state, zip code, and county or similar government subdivision of the project or site. If the project or site lacks a street address, indicate the general location of the site ( e. g., Intersection of State Highways 61 and 34). Complete site information must be provided for termination of permit coverage to be valid.

Section IV. Certification Information All applications, including NOIs, must be signed as follows: For a corporation: By a responsible corporate officer. For the purpose of this Part, a responsible corporate officer means: ( i) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or ( ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or For a municipality, state, federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this Part, a principal executive officer of a federal agency includes ( i) the chief executive officer of the agency, or ( ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency ( e. g., Regional Administrator of EPA).

Include the name and title of the person signing the form and the date of signing. An unsigned or undated NOT form will not be considered valid termination of permit coverage.

Paperwork Reduction Act Notice Public reporting burden for this application is estimated to average 0.5 hours per notice, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of 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. Send comments regarding the burden estimate, any other aspect of the collection of information, or suggestions for improving this form including any suggestions which may increase or reduce this burden to: Chief, Information Policy Branch, 2136, U. S. Environmental Protection Agency, 1200 Pennsylvania Avenue, NW, W ashington, DC 20460. Include the OMB number on any correspondence. Do not sent the completed form to this address.

EPA Form 3510 13 ( Rev. 6/ 03) General Permit Appendix G  Standard Permit Conditions STANDARD PERMIT CONDITIONS 1. Duty To Comply You must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or for denial of a permit renewal application.

A. You must comply with effluent standards or prohibitions established under section 307( a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405( d) of the CWA within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement.

B. The Clean Water Act provides that any person who violates section 301, 302, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any such sections in a permit issued under section 402, or any requirement imposed in a pretreatment program approved under sections 402( a)( 3) or 402( b)( 8) of the Act, is subject to a civil penalty not to exceed the maximum amounts authorized by Section 309( d) of the Act and the Federal Civil Penalties Inflation Adjustment Act ( 28 U. S. C. § 2461 note) as amended by the Debt Collection Improvement Act ( 31 U. S. C. § 3701 note) ( currently $ 27,500 per day for each violation).

The Clean Water Act provides that any person who negligently violates sections 301, 302, 306, 307, 308, 318, or 405 of the Act, or any condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, or any requirement imposed in a pretreatment program approved under section 402( a)( 3) or 402( b)( 8) of the Act, is subject to criminal penalties of $ 2,500 to $ 25,000 per day of violation, or imprisonment of not more than 1 year, or both. In the case of a second or subsequent conviction for a negligent violation, a person shall be subject to criminal penalties of not more than $ 50,000 per day of violation, or by imprisonment of not more than 2 years, or both. Any person who knowingly violates such sections, or such conditions or limitations is subject to criminal penalties of $ 5,000 to $ 50,000 per day of violation, or imprisonment for not more than 3 years, or both. In the case of a second or subsequent conviction for a knowing violation, a person shall be subject to criminal penalties of not more than $ 100,000 per day of violation, or imprisonment of not more than 6 years, or both. Any person who knowingly violates section 301, 302, 303, 306, 307, 308, 318 or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act, and who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury, shall, upon conviction, be subject to a fine of not more than $ 250,000 or imprisonment of not more than 15 years, or both. In the case of a second or subsequent conviction for a knowing endangerment violation, a person shall be subject to a fine of not more than $ 500,000 or by imprisonment of not more than 30 years, or both. An organization, as defined in section 309( c)( 3)( B)( iii) of the CWA, shall, upon conviction of violating the imminent danger provision, be subject to a fine of not more than $ 1,000,000 and can be fined up to $ 2,000,000 for second or subsequent convictions.

C. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318 or 405 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act. Pursuant to 40 CFR Part 19 and the Act, administrative penalties for Class I violations are not to exceed the maximum amounts authorized by Section 309( g)( 2)( A) of the Act and the Federal Civil Penalties Inflation Adjustment Act ( 28 U. S. C. § 2461 note) as amended by the Debt Collection Improvement Act ( 31 U. S. C. § 3701 note) ( currently $ 11,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $ 27,500). Pursuant to 40 CFR Part 19 and the Act, penalties for Class II violations are not to exceed the maximum amounts authorized by Section 309( g)( 2)( B) of the Act and the Federal Civil Penalties Inflation Adjustment Act ( 28 U. S. C. § 2461 note) as amended by the Debt Collection Improvement Act ( 31 U. S. C. § 3701 note) ( currently $ 11,000 per day for each day during which the violation continues, with the maximum amount of any Class II penalty not to exceed $ 137,500).

2. Duty to Reapply If you wish to continue an activity regulated by this permit after the expiration date of this permit, you must apply for and obtain a new permit.

Small and Large Construction Activities G 1 General Permit 3. Need to Halt or Reduce Activity Not a Defense It shall not be a defense for you in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

4. Duty to Mitigate You must take all reasonable steps to minimize or prevent any discharge or sludge use or disposal in violation of this permit which has a reasonable likelihood of adversely affecting human health or the environment.

5. Proper Operation and Maintenance You must at all times properly operate and maintain all facilities and systems of treatment and control ( and related appurtenances) which are installed or used by you to achieve compliance with the conditions of this permit. Proper operation and maintenance also includes adequate laboratory controls and appropriate quality assurance procedures. This provision requires the operation of backup or auxiliary facilities or similar systems which are installed by you only when the operation is necessary to achieve compliance with the conditions of this permit.

6. Permit Actions This permit may be modified, revoked and reissued, or terminated for cause. Your filing of a request for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance does not stay any permit condition.

7. Property Rights This permit does not convey any property rights of any sort, or any exclusive privileges.

8. Duty to Provide Information You must furnish to EPA, within a reasonable time, any information which EPA may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit or to determine compliance with this permit. You must also furnish to EPA upon request, copies of records required to be kept by this permit.

9. Inspection and Entry You must allow EPA, or an authorized representative ( including an authorized contractor acting as a representative of the Administrator), upon presentation of credentials and other documents as may be required by law, to:

A. Enter upon your premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

B. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

C. Inspect at reasonable times any facilities, equipment ( including monitoring and control equipment), practices, or operations regulated or required under this permit; and D. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by the Clean Water Act, any substances or parameters at any location.

10. Monitoring and Records A. Samples and measurements taken for the purpose of monitoring must be representative of the monitored activity.

B. You must retain records of all monitoring information, including all calibration and maintenance records and all original strip chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least 3 years from the date of the sample, measurement, report or application. This period may be extended by request of EPA at any time.

C. Records of monitoring information must include:

1. The date, exact place, and time of sampling or measurements;

2. The individual( s) who performed the sampling or measurements;

3. The date( s) analyses were performed Small and Large Construction Activities G 2 General Permit 4. The individual( s) who performed the analyses;

5. The analytical techniques or methods used; and 6. The results of such analyses.

D. Monitoring results must be conducted according to test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, unless other test procedures have been specified in the permit.

E. The Clean Water Act provides that any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this permit shall, upon conviction, be punished by a fine of not more than $ 10,000, or by imprisonment for not more than 2 years, or both. If a conviction of a person is for a violation committed after a first conviction of such person under this paragraph, punishment is a fine of not more than $ 20,000 per day of violation, or by imprisonment of not more than 4 years, or both.

11. Signatory Requirements A. All applications, including NOIs, must be signed as follows:

1. For a corporation: By a responsible corporate officer. For the purpose of this Part, a responsible corporate officer means: ( i) a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or ( ii) the manager of one or more manufacturing, production, or operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

2. For a partnership or sole proprietorship: By a general partner or the proprietor, respectively; or 3. For a municipality, state, federal, or other public agency: By either a principal executive officer or ranking elected official. For purposes of this Part, a principal executive officer of a federal agency includes ( i) the chief executive officer of the agency, or ( ii) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency ( e. g., Regional Administrator of EPA).

B. All reports required by this permit, including SWPPPs, must be signed by a person described in Appendix G, Subsection 11. A above or by a duly authorized representative of that person. A person is a duly authorized representative only if:

1. The authorization is made in writing by a person described in Appendix G, Subsection 11. A;

2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. ( A duly authorized representative may thus be either a named individual or any individual occupying a named position); and 3. The signed and dated written authorization is included in the SWPPP. A copy must be submitted to EPA, if requested.

C. Changes to Authorization. If an authorization under Subpart 2.1 is no longer accurate because a different operator has responsibility for the overall operation of the construction site, a new NOI satisfying the requirements of Subpart 2.1 must be submitted to EPA prior to or together with any reports, information, or applications to be signed by an authorized representative. The change in authorization must be submitted within the time frame specified in Subpart 2.2, and sent to the address specified in Subpart 2.3.

D. Any person signing documents required under the terms of this permit must include the following certification:

" I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is,

Small and Large Construction Activities G 3 General Permit to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

E. The CWA provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or non compliance shall, upon conviction, be punished by a fine of not more than $ 10,000 per violation, or by imprisonment for not more than 6 months per violation, or by both.

12. Reporting Requirements A. Planned changes. You must give notice to EPA as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when:

1. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR § 122.29( b); or 2. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR § 122.42( a)( 1).

B. Anticipated noncompliance. You must give advance notice to EPA of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

C. Transfers. This permit is not transferable to any person except after notice to EPA. EPA may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. ( See 40 CFR § 122.61; in some cases, modification or revocation and reissuance is mandatory.)

D. Monitoring reports. Monitoring results must be reported at the intervals specified elsewhere in this permit.

1. Monitoring results must be reported on a Discharge Monitoring Report ( DMR) or forms provided or specified by EPA for reporting results of monitoring of sludge use or disposal practices.

2. If you monitor any pollutant more frequently than required by the permit using test procedures approved under 40 CFR Part 136 or, in the case of sludge use or disposal, approved under 40 CFR Part 136 unless otherwise specified in 40 CFR Part 503, or as specified in the permit, the results of this monitoring must be included in the calculation and reporting of the data submitted in the DMR or sludge reporting form specified by EPA.

3. Calculations for all limitations which require averaging of measurements must use an arithmetic mean.

E. Compliance schedules. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit must be submitted no later than 14 days following each schedule date.

F. Twenty four hour reporting.

1. You must report any noncompliance which may endanger health or the environment. Any information must be provided orally within 24 hours from the time you become aware of the circumstances. A written submission must also be provided within five days of the time you become aware of the circumstances. The written submission must contain a description of the noncompliance and its cause; the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

2. The following shall be included as information which must be reported within 24 hours under this paragraph.

a. Any unanticipated bypass which exceeds any effluent limitation in the permit. ( See 40 CFR § 122.41( g).)

b. Any upset which exceeds any effluent limitation in the permit c. Violation of a maximum daily discharge limitation for any of the pollutants listed by EPA in the permit to be reported within 24 hours. ( See 40 CFR § 122.44( g).)

Small and Large Construction Activities G 4 General Permit 3. EPA may waive the written report on a case by case basis for reports under Appendix G, Subsection 12. F. 2 if the oral report has been received within 24 hours.

G. Other noncompliance. You must report all instances of noncompliance not reported under Appendix G, Subsections 12. D, 12. E, and 12. F, at the time monitoring reports are submitted. The reports must contain the information listed in Appendix G, Subsection 12. F.

H. Other information. Where you become aware that you failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Permitting Authority, you must promptly submit such facts or information.

13. Bypass A. Definitions.

1. Bypass means the intentional diversion of waste streams from any portion of a treatment facility 2. Severe property damage means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production.

B. Bypass not exceeding limitations. You may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation. These bypasses are not subject to the provisions of Appendix G, Subsections 13. C and 13. D.

C. Notice   1. Anticipated bypass. If you know in advance of the need for a bypass, you must submit prior notice, if possible at least ten days before the date of the bypass.

2. Unanticipated bypass. You must submit notice of an unanticipated bypass as required in Appendix G, Subsection 12. F ( 24 hour notice).

D. Prohibition of bypass.

1. Bypass is prohibited, and EPA may take enforcement action against you for bypass, unless:

a. Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;

b. There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate back up equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and c. You submitted notices as required under Appendix G, Subsection 13. C.

2. EPA may approve an anticipated bypass, after considering its adverse effects, if EPA determines that it will meet the three conditions listed above in Appendix G, Subsection 13. D. 1.

14. Upset A. Definition. Upset means an exceptional incident in which there is unintentional and temporary noncompliance with technology based permit effluent limitations because of factors beyond your reasonable control. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.

B. Effect of an upset. An upset constitutes an affirmative defense to an action brought for noncompliance with such technology based permit effluent limitations if the requirements of Appendix G, Subsection 14. C are met. No determination made during administrative review of claims that noncompliance was caused by upset, and before an action for noncompliance, is final administrative action subject to judicial review.

C. Conditions necessary for a demonstration of upset. A permittee who wishes to establish the affirmative defense of upset must demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:

1. An upset occurred and that you can identify the cause( s) of the upset;

2. The permitted facility was at the time being properly operated; and Small and Large Construction Activities G 5 General Permit Small and Large Construction Activities G 6 3. You submitted notice of the upset as required in Appendix G, Subsection 12. F. 2. b( 24 hour notice).

4. You complied with any remedial measures required under Appendix G, Section 4.

D. Burden of proof. In any enforcement proceeding, you, as the one seeking to establish the occurrence of an upset, has the burden of proof.


[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Proposed Rules]
[Pages 75512-75515]
[FR Doc No: 2013-29593]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-1027; Directorate Identifier 2013-NM-121-AD]
RIN 2120-AA64

Airworthiness Directives; The Boeing Company Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain The Boeing Company Model 737-600, -700, 700C, -800, -900, and -
900ER series airplanes. This proposed AD was prompted by a report of
installation of incorrect wire support clamps within the left and right
Environmental Control Systems (ECS) bay area during production, which
is a flammable leakage zone. Use of incorrect wire support clamps that
are not fully cushioned could allow electrical power wiring to come in
contact with the exposed metal of the improper clamp, causing a short
circuit and subsequent electrical arcing. This proposed AD would
require inspecting to identify the part number of the wire support
clamp, and related investigative and corrective actions if necessary.
We are proposing this AD to prevent electrical arcing and a potential
ignition source, which, in combination with flammable fuel vapors,
could result in a fuel tank explosion, and consequent loss of the
airplane.

DATES: We must receive comments on this proposed AD by January 27,
2014.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-

2207; telephone<PHONE_NUMBER>, extension 1; fax<PHONE_NUMBER>; Internet
https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability of
this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Management Facility
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Office (phone:<PHONE_NUMBER>) is in the ADDRESSES
section. Comments will be available in the AD docket shortly after
receipt.

FOR FURTHER INFORMATION CONTACT: Georgios Roussos, Aerospace Engineer,
Systems and Equipment Branch, ANM-130S, FAA, Seattle Aircraft
Certification Office, 1601 Lind Avenue SW., Renton, WA 98057-3356;
phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2013-1027;
Directorate Identifier 2013-NM-121-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received a report of the installation of incorrect wire support
clamps within the left and right Environmental Control Systems (ECS)
bay area during production, which is a flammable leakage zone. Use of
incorrect wire support clamps that are not fully cushioned could allow
electrical power wiring to come in contact with the exposed metal of
the improper clamp, causing a short circuit and subsequent electrical
arcing. We are proposing this AD to prevent electrical arcing and a
potential ignition source, which, in combination with flammable fuel
vapors, could result in a fuel tank explosion, and consequent loss of
the airplane.

Related Rulemaking

    On November 18, 2010, we issued AD 2010-24-11, Amendment 39-16530
(75 FR 74616, December 1, 2010) for certain The Boeing Company Model
737-600, -700, -800, and -900 series airplanes. That AD required
sealing the fasteners on the front end rear spars inside the main fuel
tank and on the lower panel of the center fuel tank, inspecting the
wire bundle support installation in the equipment cooling system bays
to identify the type of clamp installed, and determine whether the
Teflon sleeve was installed, and doing related corrective actions if
necessary.
    On February 20, 2013, we issued AD 2013-04-11, Amendment 39-17369
(78 FR 14644, March 7, 2013) for certain The Boeing Company Model 737-
600, -700, -800, and -900ER series airplanes. That AD required
inspections to identify the part number of the wire support clamp,
related investigative actions, and corrective actions if necessary.

Relevant Service Information

    We reviewed Boeing Special Attention Service Bulletin 737-28-1312,
dated April 19, 2013. For information on the procedures and compliance
times, see this service information at http://www.regulations.gov by
searching for Docket No. FAA-2013-1027. The related investigative
actions include an eddy current inspection of the wing front spar for
cracking and a detailed inspection of the bolt forward of the wing
front spar upper chord for cracking or missing bolts. The corrective
actions include repairing cracking and replacing bolts with new bolts.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously. The phrase ``related
investigative actions'' is used in this proposed AD. ``Related
investigative actions'' are those actions that are identified as
follow-on actions that are: (1) Related to the primary action, and (2)
are on-condition actions that further investigate the nature of any
condition found. Related investigative actions could include, for
example, inspections.
    In addition, the phrase ``corrective actions'' is used in this
proposed AD. ``Corrective actions'' are those actions that are on-
condition actions that correct or address any condition found.
Corrective actions could include, for example, repairs, removal and
replacement, and modifications.

Clarification of Applicability in Paragraph (c) of This Proposed AD

    The NOTE specified in Paragraph 1.A., ``Effectivity,'' of Boeing
Special Attention Service Bulletin 737-28-1312, dated April 19, 2013,
is in error. It does not impact the Variable Number list in paragraph
1.A.1. of that section. Therefore, for the applicability of this
proposed AD, we have referred to the Variable Number list in paragraph
1.A.1., ``Effectivity,'' in paragraph (c) of this proposed AD.

Costs of Compliance

    We estimate that this proposed AD affects 519 airplanes of U.S.
registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per   Cost on U.S.
                 Action                              Labor cost             Parts cost    product     operators
----------------------------------------------------------------------------------------------------------------
Inspection..............................  6 work-hours x $85 per hour =            $0        $510      $264,690
                                           $510.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary related
investigative and corrective actions that would be required based on
the results of the proposed inspection. We have no way of determining
the number of aircraft that might need these actions.

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Parts     Cost per
                  Action                                Labor cost                cost      product
----------------------------------------------------------------------------------------------------
Related investigative and corrective        1 work-hour x $85 per hour = $85.         $3        $88
 actions.
----------------------------------------------------------------------------------------------------------------

    According to the manufacturer, some of the costs of this proposed
AD may be covered under warranty, thereby reducing the cost impact on
affected individuals. We do not control warranty coverage for affected
individuals. As a result, we have included all costs in our cost
estimate.
    We have received no definitive data that would enable us to provide
cost estimates for the on-condition repair of chafed or damaged wiring
specified in this proposed AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

The Boeing Company: Docket No. FAA-2013-1027; Directorate Identifier
2013-NM-121-AD.

(a) Comments Due Date

    We must receive comments by January 27, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to The Boeing Company Model 737-600, -700, 700C,
-800, -900, and -900ER series airplanes; certificated in any
category; having a Variable Number identified in paragraph 1.A.1.,
Effectivity, of Boeing Special Attention Service Bulletin 737-28-
1312, dated April 19, 2013.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel System.

(e) Unsafe Condition

    This AD was prompted by a report of installation of incorrect
wire support clamps within the left and right Environmental Control
Systems (ECS) bay area during production, which is a flammable
leakage zone. Use of incorrect wire support clamps that are not
fully cushioned could allow electrical power wiring to come in
contact with the exposed metal of the improper clamp, causing a
short circuit and subsequent electrical arcing. We are issuing this
AD to prevent electrical arcing and a potential ignition source,
which, in combination with flammable fuel vapors, could result in a
fuel tank explosion, and consequent loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection and Related Investigative and Corrective Actions

    Within 60 months after the effective date of this AD: Do a
detailed inspection to determine if a wire support clamp having part
number (P/N) TA0930034-10, TA0930034-10P, TA0930034-11, or
TA0930034-12P is installed, and do all applicable related
investigative and corrective actions before further flight, in
accordance with the Accomplishment Instructions of Boeing Special
Attention Service Bulletin 737-28-1312, dated April 19, 2013.

(h) Parts Installation Prohibition

    As of the effective date of this AD, no person may install a
wire support clamp on any airplane within the ECS area defined in
the Accomplishment Instructions of Boeing Special Attention Service
Bulletin 737-28-1312, dated April 19, 2013, unless the clamp has P/N
TA0930034-10, TA0930034-10P, TA0930034-11, or TA0930034-12P.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j)(1) of this AD.
Information may be emailed to<EMAIL_ADDRESS>    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager

of the local flight standards district office/certificate holding
district office.

(j) Related Information

    (1) For more information about this AD, contact Georgios
Roussos, Aerospace Engineer, Systems and Equipment Branch, ANM-130S,
FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW.,
Renton, WA 98057-3356; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>;
email<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Boeing Commercial Airplanes, Attention: Data & Services Management,
P.O. Box 3707, MC 2H-65, Seattle, Washington 98124-2207; telephone
206-544-5000, extension 1; fax<PHONE_NUMBER>; Internet https://www.myboeingfleet.com. You may view this referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, Washington. For information on the availability
of this material at the FAA, call<PHONE_NUMBER>.

    Issued in Renton, Washington, on December 4, 2013.
John P. Piccola,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-29593 Filed 12-11-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48219-48221]
[FR Doc No: 2018-20670]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0731]
RIN 1625-AA00

Safety Zone; Intracoastal Waterway, Biscayne Bay, Miami, FL

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Biscayne Bay east of Bayfront Park in
connection with aerobatic helicopter demonstrations sponsored by Red
Bull in Miami, Florida. The safety zone is needed to protect persons,
vessels, and the marine environment from potential hazards associated
with the aerial demonstrations over Biscayne Bay. Entry of vessels or
persons into this zone is prohibited, unless specifically authorized by
the Captain of the Port Miami (COTP).

DATES: This rule is effective from 2:30 p.m. October 20, 2018, through
4 p.m. October 21, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0731 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Omar Beceiro, Sector Miami Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary 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 is impracticable. The Coast Guard
received information regarding the size and location of the safety zone
with insufficient time to publish an NPRM and receive public comments.
Because of the potential hazards associated with the aerobatic
demonstrations, the safety zone is necessary to provide for the safety
of event participants and vessels transiting in proximity to the event
area. For these reasons, it would be impracticable and contrary to the
public interest to publish an NPRM.
    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.
    Delaying the effective date of this rule would be impracticable
because immediate action is needed to respond to potential safety
hazards associated with the event.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The COTP has determined that potential hazards associated with
aerobatic helicopter demonstrations will be a safety concern for
persons and vessels traveling underneath the demonstrations. This rule
is needed to protect persons, vessels, and the marine environment in
the navigable waters contained within the safety zone during aerial
demonstrations.

IV. Discussion of the Rule

    This rule establishes a safety zone for three, 30-minute periods
commencing at 2:30 p.m., 4 p.m., and 5:30 p.m. on October 20, 2018, and
for three, 30-minute periods commencing at 12:30 p.m., 2 p.m., and 3:30
p.m. on October

21, 2018. The safety zone will cover certain navigable waters of
Biscayne Bay east of Bayfront Park in Miami, FL. The duration of the
safety zone is intended to protect persons, vessels, and the marine
environment in these navigable waters during aerial demonstrations. No
vessel or person will be permitted to enter the safety zone without
obtaining permission from the COTP or a designated representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. Executive Order 13771 directs agencies to control
regulatory costs through a budgeting process. This rule has not been
designated a ``significant regulatory action,'' under Executive Order
12866. Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB), and pursuant to OMB guidance it is exempt
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be temporarily interrupted and prevented from transiting a short
section of the Intracoastal Waterway and Fisherman's Channel in Miami,
FL during demonstrations. The interruptions would affect a small
designated area of Biscayne Bay for 30-minute periods, three times each
day the safety zone is in effect. Moreover, the Coast Guard would issue
a Broadcast Notice to Mariners via VHF-FM marine channel 16 about the
zone, and the rule would allow vessels to seek permission to enter the
zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. 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.
    While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    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.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, 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. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. 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 (adjusted for
inflation) 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.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting approximately 90 minutes (three, 30-minute
periods) each day of the two-day event. During each 30-minute period
the safety zone is in effect, boating traffic will be temporarily
interrupted and prevented from transiting the Intracoastal Waterway or
Fisherman's Channel east of Bayfront Park in Miami, FL. The rule is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A
Record of Environmental Consideration supporting this determination is
available in the docket where indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

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

    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. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; and Department of Homeland Security Delegation
No. 0170.1.

0
2. Add a temporary Sec.  165.T07-0731 to read as follows:

Sec.  165.T07-0731  Safety Zone; Intracoastal Waterway, Biscayne Bay,
Miami, FL.

    (a) Location. The following coordinates define the temporary safety
zone located in Biscayne Bay, Miami, FL. All waters of Biscayne Bay
contained within the following points: Commencing at 25[deg]46'22'' N,
080[deg]10'28'' W; thence southwest to 25[deg]45'33'' N,
080[deg]10'39'' W; thence northwest to 25[deg]45'42'' N,
080[deg]11'05'' W; then northeast to 25[deg]46'34'' N, 080[deg]10'49''
W; thence southeast along the shoreline to origin. All coordinates are
North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the COTP
in the enforcement of the regulated area.
    (c) Regulations. (1) No person or vessel will be permitted to
enter, transit, anchor, or remain within the regulated area unless
authorized by COTP or a designated representative.
    (2) Persons and vessels desiring to enter, transit, anchor, or
remain within the regulated area may contact the COTP by telephone at
305-535-4313, or a designated representative via VHF radio on channel
16 to request authorization. If authorization is granted, all persons
and vessels receiving such authorization must comply with the
instructions of the COTP or a designated representative.
    (d) Enforcement period. This rule will be enforced from 2:30 p.m.
through 3 p.m., 4 p.m. through 4:30 p.m., and 5:30 through 6 p.m. on
October 20, 2018, and 12:30 p.m. through 1 p.m., 2 p.m. through 2:30
p.m., and 3:30 p.m. through 4 p.m. on October 21, 2018.

    Dated: September 18, 2018.
M.M. Dean,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2018-20670 Filed 9-21-18; 8:45 am]
 BILLING CODE 9110-04-P