Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules 1599 

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.501T05–1054 to read as 

follows: 

§ 100.501T05–1054 Special Local 

Regulation; Chesapeake Bay, between 

Sandy Point and Kent Island, MD. 

(a) Regulated area. The following 

location is a regulated area: All 

navigable waters of the Chesapeake Bay, 

adjacent to the shoreline at Sandy Point 

State Park and between and adjacent to 

the spans of the William P. Lane Jr. 

Memorial Bridges, from shoreline to 

shoreline, bounded to the north by a 

line drawn from the western shoreline 

at latitude 39°01′05.23′′ N., longitude 

076°23′47.93′′ W.; thence eastward to 

latitude 39°01′02.08′′ N., longitude 

076°22′58.38′′ W.; thence southward to 

latitude 38°59′57.02′′ N., longitude 

076°23′02.79′′ W.; thence eastward and 

parallel and 500 yards north of the north 

bridge span to eastern shoreline at 

latitude 38°59′13.70′′ N., longitude 

076°19′58.40′′ W.; and bounded to the 

south by a line drawn parallel and 500 

yards south of the south bridge span 

that originates from the western 

shoreline at latitude 39°00′17.08′′ N., 

longitude 076°24′28.36′′ W.; thence 

southward to latitude 38°59′38.36′′ N., 

longitude 076°23′59.67′′ W.; thence 

eastward to latitude 38°59′26.93′′ N., 

longitude 076°23′25.53′′ W.; thence 

eastward to the eastern shoreline at 

latitude 38°58′40.32′′ N., longitude 

076°20′10.45′′ W, located between 

Sandy Point and Kent Island, MD. All 

coordinates reference North American 

Datum 83 (NAD 1983). 

(b) Definitions—(1) Captain of the 

Port (COTP) Maryland-National Capital 

Region means the Commander, U.S. 

Coast Guard Sector Maryland-National 

Capital Region or any Coast Guard 

commissioned, warrant or petty officer 

who has been authorized by the Captain 

of the Port to act on his behalf. 

(2) Coast Guard Patrol Commander 

means a commissioned, warrant, or 

petty officer of the U.S. Coast Guard 

who has been designated by the 

Commander, Coast Guard Sector 

Maryland-National Capital Region. 

(3) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

(4) Participant means all persons and 

vessels participating in the Bay Bridge 

Paddle event under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region. 

(c) Special local regulations. (1) The 

COTP or Coast Guard Patrol 

Commander may forbid and control the 

movement of all vessels and persons, 

including event participants, in the 

regulated area. When hailed or signaled 

by an official patrol, a vessel or person 

in the regulated area shall immediately 

comply with the directions given. 

Failure to do so may result in expulsion 

from the area, citation for failure to 

comply, or both. The Coast Guard Patrol 

Commander may terminate the event, or 

the operation of any support vessel 

participating in the event, at any time it 

is deemed necessary for the protection 

of life or property. 

(2) Except for participants and vessels 

already at berth, all persons and vessels 

within the regulated area at the time it 

is implemented are to depart the 

regulated area. 

(3) Persons and vessels desiring to 

transit, moor, or anchor within the 

regulated area must first obtain 

authorization from the COTP MarylandNational Capital Region or Coast Guard 

Patrol Commander. Prior to the 

enforcement period, vessels or persons 

seeking permission to transit, moor, or 

anchor within the area may contact the 

COTP Maryland-National Capital 

Region at telephone number 410–576– 

2693 or on Marine Band Radio, VHF– 

FM channel 16 (156.8 MHz). During the 

enforcement period, vessels or persons 

seeking permission to transit, moor, or 

anchor within the area may contact the 

Coast Guard Patrol Commander on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) for direction. 

(4) The Coast Guard may be assisted 

in the patrol and enforcement of the 

regulated area by other Federal, State, 

and local agencies. The Coast Guard 

Patrol Commander and official patrol 

vessels enforcing this regulated area can 

be contacted on marine band radio 

VHF–FM channel 16 (156.8 MHz) and 

channel 22A (157.1 MHz). 

(5) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event date and times. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. to 1:30 p.m. 

on June 2, 2018, and, if necessary due 

to inclement weather, from 7 a.m. to 

1:30 p.m. on June 3, 2018. 

Dated: January 5, 2018. 

Lonnie P. Harrison, Jr., 

Captain, U.S. Coast Guard, Captain of the 

Port Maryland-National Capital Region. 

[FR Doc. 2018–00420 Filed 1–11–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2017–0965] 

RIN 1625–AA00 

Safety Zone; Cape Fear River, NC 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

navigable waters of the Cape Fear River 

in Brunswick County and New Hanover 

County, North Carolina. This temporary 

safety zone is intended to restrict vessel 

traffic on the Cape Fear River while a 

vessel transports two new Post-Panamax 

gantry cranes to the North Carolina State 

Port in Wilmington, North Carolina. 

This action is intended to restrict vessel 

traffic on the Cape Fear River to protect 

mariners and vessels from the hazards 

associated with transporting the 

assembled gantry cranes. Entry of 

vessels or persons into this safety zone 

is prohibited unless specifically 

authorized by the Captain of the Port 

(COTP) North Carolina or a designated 

representative. We invite your 

comments on this proposed rulemaking. 


sradovich on DSK3GMQ082PROD with PROPOSALS
1600 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 12, 2018. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2017–0965 using the Federal 

eRulemaking Portal at http://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, contact Petty Officer 

Matthew Tyson, Waterways 

Management Division, U.S. Coast Guard 

Sector North Carolina, Wilmington, NC; 

telephone: 910–772–2221, email: 

Matthew.I.Tyson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

COTP Captain of the Port 

II. Background, Purpose, and Legal 

Basis 

On August 22, 2017, the North 

Carolina State Port Authority notified 

the Coast Guard that they will be 

transporting two pre-assembled PostPanamax gantry cranes up the Cape Fear 

River to the North Carolina State Port in 

Wilmington, North Carolina. The 

planned transit date is April 1, 2018 

with alternate dates of March 29th, 30th, 

31st, April 2nd, 3rd, or 4th, 2018. The 

transit path will be from the Cape Fear 

River Entrance Buoy, north through the 

Cape Fear River to the turning basin, 

and ending at the North Carolina State 

Port in Wilmington, North Carolina. The 

COTP North Carolina has determined 

that potential safety hazards associated 

with transporting the gantry cranes 

would be a concern for anyone 

transiting the Cape Fear River. 

The purpose of this rule is to protect 

persons, vessels, and the marine 

environment on the navigable waters on 

the Cape Fear River during the transport 

of the gantry cranes. The Coast Guard 

proposes this rulemaking under 

authority in 33 U.S.C. 1231. 

III. Discussion of Proposed Rule 

The COTP proposes to establish a 

safety zone on a portion of the Cape 

Fear River to be enforced during the 

transit of a vessel transporting two preassembled Post-Panamax gantry cranes 

up the Cape Fear River on April 1, 2018. 

The transport is expected to take 

between five and seven hours. There 

will be alternate dates of March 29th, 

30th, 31st, April 2nd, 3rd, or 4th, 2018 

in case severe weather or other 

conditions prevent the safe transit of the 

vessel on April 1st. Exact enforcement 

times will be based on tide schedules 

and anticipated sea conditions and will 

be announced by broadcast to mariners 

at least two days prior to the transit. The 

safety zone will include all navigable 

waters of the Cape Fear River from the 

International Regulations for Prevention 

of Collisions at Sea, 1972 (COLREGS, 

72) Demarcation Line drawn from Oak 

Island Light House to Bald Head Island 

Abandon Light House noted on NOAA 

chart 11537 and proceeding north up 

the Cape Fear River from shore to shore 

to the Cape Fear Memorial Bridge, a 

length of approximately 26 miles. The 

safety zone will be enforced until the 

vessel transporting the cranes has been 

safely moored at North Carolina State 

Port in Wilmington, North Carolina. The 

duration of this zone is intended to 

protect persons, vessels, and the marine 

environment on the navigable waters of 

the Cape Fear River during the transport 

of the gantry cranes. No vessel or person 

will be permitted to enter the safety 

zone unless specifically authorized by 

the Captain of the Port North Carolina 

or a designated representative. There 

will be a pre-designated safety vessel 

ahead of the transport vessel to monitor 

the flow of traffic and inform mariners 

that the gantry crane transit is in 

progress. Vessels that are less than 40 

feet in height and will not impede the 

transport vessel may request permission 

to pass through the safety zone or 

remain in place as the transport vessel 

passes. The Fort Fisher and Bald Head 

ferries will be able to operate on their 

normal schedule as long as the 

scheduled transit will not come within 

one mile of the transport vessel and they 

receive permission from the Captain of 

the Port North Carolina or a designated 

representative. The strict height 

restriction of 40 feet is required because 

portions of the transported cranes 

extend over the water on both sides of 

the transport vessel. The regulatory text 

we are proposing appears at the end of 

this document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not 

been designated a ‘‘significant 

regulatory action,’’ under Executive 

Order 12866. Accordingly, the NPRM 

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, and 

duration of the proposed safety zone. 

Vessel traffic will not be allowed to 

enter or transit a portion of the Cape 

Fear River on April 1, 2018 with 

alternate dates of March 29th, 30th, 

31st, April 2nd, 3rd, or 4th, 2018 for 

approximately five to seven hours. The 

Coast Guard will issue a Local Notice to 

Mariners and transmit a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 regarding the safety zone. 

This portion of the Cape Fear River has 

been determined to be a high traffic 

area. This rule allows vessels to request 

permission to pass through the moving 

safety zone or remain in place as long 

as they are under the height restriction 

of 40 feet. 

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 proposed rule would 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 IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules 1601 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed 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. The Coast Guard will 

not retaliate against small entities that 

question or complain about this 

proposed rule or any policy or action of 

the Coast Guard. 

C. Collection of Information 

This proposed rule would 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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would 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 proposed rule has 

implications for federalism or Indian 

tribes, please contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

F. Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have made a 

preliminary determination 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 proposed rule 

involves a safety zone on all navigable 

waters of the Cape Fear River from the 

International Regulations for Prevention 

of Collisions at Sea, 1972 (COLREGS, 

72) Demarcation Line drawn from Oak 

Island Light House to Bald Head Island 

Abandon Light House noted on NOAA 

chart 11537 and proceeding north up 

the Cape Fear River from shore to shore 

to the Cape Fear Memorial Bridge, a 

length of approximately 26 miles. 

Normally such actions are categorically 

excluded from further review under 

paragraph 34(g) of Figure 2–1 of 

Commandant Instruction M16475.lD. A 

preliminary Record of Environmental 

Consideration supporting this 

determination is available in the docket 

where indicated under ADDRESSES. We 

seek any comments or information that 

may lead to the discovery of a 

significant environmental impact from 

this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

We encourage you to submit 

comments through the Federal 

eRulemaking Portal at http://

www.regulations.gov. If your material 

cannot be submitted using http://

www.regulations.gov, contact the person 

in the FOR FURTHER INFORMATION

CONTACT section of this document for 

alternate instructions. 

We accept anonymous comments. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. For more about privacy and 

the docket, visit http://

www.regulations.gov/privacyNotice. 

Documents mentioned in this NPRM 

as being available in the docket, and all 

public comments, will be in our online 

docket at http://www.regulations.gov 

and can be viewed by following that 

website’s instructions. Additionally, if 

you go to the online docket and sign up 

for email alerts, you will be notified 

when comments are posted or a final 

rule is published. 

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 proposes to 

amend 33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 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; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T05–0965 to read as 

follows: 

§ 165.T05–0965 Safety Zone, Cape Fear 

River, Brunswick County and New Hanover 

County, NC. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Cape Fear River from the International 

Regulations for Prevention of Collisions 

at Sea, 1972 (COLREGS, 72) 

Demarcation Line drawn from Oak 

Island Light House to Bald Head Island 

Abandon Light House noted on NOAA 

chart 11537 and proceeding north up 

the Cape Fear River from shore to shore 

to the Cape Fear Memorial Bridge, in 

Brunswick County and New Hanover 

County, NC. 

(b) Definitions. As used in this 

section: 

Designated representative means a 

Coast Guard Patrol Commander, 


sradovich on DSK3GMQ082PROD with PROPOSALS
1602 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Proposed Rules 

including a Coast Guard commissioned, 

warrant, or petty officer designated by 

the Captain of the Port North Carolina 

(COTP) for the enforcement of the safety 

zone. 

Captain of the Port means the 

Commander, Sector North Carolina. 

Participants means persons and 

vessels involved in support of the gantry 

crane transport. 

(c) Regulations. (1) The general 

regulations governing safety zones in 

§ 165.23 apply to the area described in 

paragraph (a) of this section. 

(2) With the exception of participants, 

entry into or remaining in this safety 

zone is prohibited unless authorized by 

the COTP North Carolina or the COTP 

North Carolina’s designated 

representative. All vessels under 40 feet 

in height within this safety zone when 

this section becomes effective may 

request permission to remain in the 

zone. All other vessels must depart the 

zone immediately. 

(3) To request permission to remain 

in, enter, or transit through the safety 

zone, contact the COTP North Carolina 

or the COTP North Carolina’s 

representative through the Coast Guard 

Sector North Carolina Command Duty 

Officer, Wilmington, North Carolina, at 

telephone number 910–343–3882, or on 

VHF–FM marine band radio channel 13 

(165.65 MHz) or channel 16 (156.8 

MHz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

Federal, State, and local agencies. 

(e) Enforcement period. This 

regulation will be enforced during 

vessel transit on April 1, 2018 or 

alternatively, March 29th, 30th, 31st, 

April 2nd, 3rd, or 4th, 2018. 

Dated: December 19, 2017. 

Bion B. Stewart, 

Captain, U.S. Coast Guard Captain of the 

Port North Carolina. 

[FR Doc. 2018–00421 Filed 1–11–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2017–0634; FRL–9972– 

14—Region 8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Montana; Revisions to East Helena 

Lead SIP 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

State Implementation Plan (SIP) 

revisions submitted by the state of 

Montana on September 11, 2013. The 

submittal revises the portions of the 

Administrative Rules of Montana (ARM) 

that pertain to the East Helena Lead SIP. 

This action is being taken under section 

110 of the Clean Air Act (CAA) (Act). 

DATES: Written comments must be 

received on or before February 12, 2018. 

ADDRESSES: Submit your comments, 

identified by EPA–R08–OAR–2017– 

0634 at http://www.regulations.gov. 

Follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from www.regulations.gov. The EPA 

may publish any comment received to 

its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e., on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Leone, Air Program, U.S. 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129, (303) 312–6227, 

leone.kevin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

What should I consider as I prepare my 

comments for the EPA? 

a. Submitting Confidential Business 

Information (CBI). Do not submit CBI to 

the EPA through http://

www.regulations.gov or email. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to the EPA, mark the outside 

of the disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

b. Tips for Preparing Your Comments. 

When submitting comments, remember 

to: 

i. Identify the rulemaking by docket 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions—The agency 

may ask you to respond to specific 

questions or organize comments by 

referencing a Code of Federal 

Regulations (CFR) part or section 

number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

The proposed SIP revisions stem from 

a June 10, 2013, Montana Board of 

Environmental Review Order (Board 

Order) removing a stipulated condition 

in an August 4, 1995 Board Order. The 

condition limited the allowable 

concentration of lead in raw feed 

material at the American Chemet 

Corporation’s East Helena facility. 

Specifically, American Chemet 

requested a change to the 1995 Board 

Order which would eliminate Exhibit A, 

Section C, Subsection B. This 

subsection reads: 

‘‘Feed Material into the plant shall 

have a quarterly average lead content of 

less than 0.15%, and an average annual 

lead content of less than 0.10%.’’ 

All other East Helena Lead SIP 

provisions, including direct numerical 

limits on lead emissions from American 

Chemet Corporation’s East Helena 

facility, would remain unchanged. 

The East Helena Lead SIP includes a 

‘‘lead in feed’’ limitation for the 

American Chemet facility, which was 

created as part of the Montana 


sradovich on DSK3GMQ082PROD with PROPOSALS