[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Rules and Regulations]
[Pages 58597-58599]
[FR Doc No: 2015-24727]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-3367; Special Conditions No. 25-596-SC]

Special Conditions: Flight Structures, Inc., Boeing Model 777-200
Dynamic Test Requirements for Single-Occupant, Oblique (Side-Facing)
Seats With Airbag Devices

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for Boeing Model 777-200
airplanes. This airplane, as modified by Flight Structures, Inc., will
have novel or unusual design features associated with oblique-angled,
single-occupant seats equipped with airbag systems. The applicable
airworthiness regulations do not contain adequate or appropriate safety
standards for these design features. These special conditions contain
the additional safety standards the Administrator considers necessary
to establish a level of safety equivalent to that established by the
existing airworthiness standards.

DATES: The effective date of these special conditions is September 30,
2015. We must receive your comments by November 16, 2015.

ADDRESSES: Send comments identified by docket number FAA-2015-3367
using any of the following methods:
    Federal eRegulations Portal: Go to http://www.regulations.gov/ and
follow the online instructions for sending your comments
electronically.
    Mail: Send comments to Docket Operations, M-30, U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE., Room W12-140, West
Building Ground Floor, Washington, DC, 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov/, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov/.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov/ at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: John Shelden, Airframe and Cabin
Safety, ANM-115, Transport Airplane Directorate, Aircraft Certification
Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone
425-227-2785; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for, prior public comment on these special conditions are
impracticable because these procedures would significantly delay
issuance of the design approval and thus delivery of the affected
airplane.
    In addition, the substance of these special conditions has been
subject to the public-comment process in several prior instances with
no substantive comments received. The FAA therefore finds that good
cause exists for making these special conditions effective upon
issuance.

Comments Invited

    We invite interested people to take part in this rulemaking by
sending written comments, data, or views. The most helpful comments
reference a specific portion of the special conditions, explain the
reason for any recommended change, and include supporting data.
    We will consider all comments we receive by the closing date for
comments. We may change these special conditions based on the comments
we receive.

Background

    On July 7, 2014, Flight Structures, Inc., applied for a
supplemental type certificate to allow the installation of oblique
business-class passenger seats, positioned at 32.5 degrees to the
vertical plane of the airplane longitudinal centerline, and to include
inflatable lap belts, in Boeing Model 777-200 airplanes.
    The seating configuration Flight Structures, Inc., proposes in
certification plan No. B3FS332-D10 includes the installation of TSO-
39c-approved, Zodiac Aries model, side-facing, pod-style, business-
class seats (with surrounding shells and front-row furniture),
installed at an angle of up to 32.5 degrees to the airplane
longitudinal centerline. These seats will include restraint (airbag)
systems for occupant restraint and injury protection.
    The Boeing Model 777-200 airplane, approved under Type Certificate
No. T00001SE, is a swept-wing, conventional-tail, twin-engine,
turbofan-powered transport airplane, with seating capacity for 440
passengers.

Type Certification Basis

    Under the provisions of title 14, Code of Federal Regulations (14
CFR) 21.101, Flight Structures, Inc., must show that the Model 777-200
airplane, as changed, meets the applicable provisions of the
regulations listed in Type Certificate No. T00001SE, or the applicable
regulations in effect on the date of application for the change, except
for earlier amendments as agreed upon by the FAA. The regulations
listed in the type certificate are commonly referred to as the
``original type- certification basis.'' The regulations listed in Type
Certificate No. T00001SE are as follows:
    14 CFR part 25, Amendments 25-1 through 25-82, with exceptions
listed in the type-certification data sheet. In addition, the
certification basis includes certain special conditions, exemptions, or
later amended sections of the applicable part that are not relevant to
these special conditions.
    If the Administrator finds that the applicable airworthiness
regulations (i.e., 14 CFR part 25) do not contain adequate or
appropriate safety standards for Boeing Model 777-200 airplanes because
of a novel or unusual design feature, special conditions are prescribed
under Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the applicant apply for a supplemental type
certificate to modify any other model included on the same type
certificate to incorporate the same novel or unusual design feature,
these special conditions would also apply to the other model under
Sec.  21.101.
    In addition to the applicable airworthiness regulations and special
conditions, the Boeing Model 777-200 airplane must comply with the
fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the
noise-certification requirements of 14 CFR part 36.
    The FAA issues special conditions as defined in 14 CFR 11.19, in
accordance with Sec.  11.38, and they become part of the type
certification basis under Sec.  21.101.

Novel or Unusual Design Features

    The business-class seating configuration Flight Structures, Inc.,
proposes is novel and unusual due to the seat installation at 32.5
degrees to the aircraft centerline, the airbag-system installation, and
the seat/occupant interface with the surrounding furniture that
introduces occupant alignment and loading concerns. The proposed
business-class seating configuration also is beyond the limits of
current acceptable equivalent-level-of-safety findings.
    Ongoing research is progressing to establish acceptable limits.
Until those limits become available, the FAA proposes a set of interim
limits based on the current literature available, current National
Highway Traffic Safety Administration (NHTSA) regulations, and
preliminary test data from the research program.
    The existing regulations do not provide adequate or appropriate
safety standards for occupants of oblique-angled seats with airbag
systems. To provide a level of safety that is equivalent to that
afforded occupants of forward- and aft-facing seats, additional
airworthiness standards, in the form of special conditions, are
necessary. These special conditions supplement part 25 and, more
specifically, supplement Sec. Sec.  25.562 and 25.785. The requirements
contained in these special conditions consist of both test conditions
and injury pass/fail criteria.

Discussion

    Amendment 25-15 to part 25, dated October 24, 1967, introduced the
subject of side-facing seats, and a requirement that each occupant in a
side-facing seat must be protected from head injury by a safety belt
and a cushioned rest that will support the arms, shoulders, head, and
spine.
    Subsequently, Amendment 25-20, dated April 23, 1969, clarified the
definition of side-facing seats to require that each occupant of a
seat, positioned at more than an 18-degree angle to the vertical plane
of the airplane longitudinal centerline, must be protected from head
injury by a safety belt and an energy-absorbing rest that will support
the arms, shoulders, head, and spine; or by a safety belt and shoulder
harness that will prevent the head from contacting any injurious
object. The FAA concluded that an 18-degree angle would provide an
adequate level of safety based on tests that were performed at that
time, and thus adopted that standard.
    Part 25 was amended June 16, 1988, by Amendment 25-64, to revise
the emergency-landing conditions that must be considered in the design
of the airplane. Amendment 25-64 revised the static-load conditions in
14 CFR 25.561, and added the new Sec.  25.562 that requires dynamic
testing for all seats approved for occupancy during takeoff and
landing. The intent of Amendment 25-64 is to provide an improved level
of safety for occupants on transport-category airplanes. Because most
seating is forward-facing on transport-category airplanes, the pass/
fail criteria developed in Amendment 25-64 focused primarily on these
seats. As a result, the FAA issued Policy Memorandums ANM-03-115-30 and
PS-ANM-100-2000-00123 to provide the additional guidance necessary to
demonstrate the level of safety required by the regulations for side-
facing seats.
    To reflect current research findings, the FAA developed a
methodology to address all fully side-facing seats (i.e., seats
positioned in the airplane with the occupant facing 90 degrees to the
vertical plane of the airplane centerline), and has documented those
requirements in a set of new special conditions. The FAA issued Policy
Statement PS-ANM-25-03-R1 to define revised injury criteria associated
with neck and leg injuries.
    The proposed Model 777-200 airplane business-class seat
installation is novel such that the current Model 777-200 airplane
certification basis does not adequately protection of the occupant's
neck and spine for seat

configurations that are positioned at an angle greater than 18 degrees
from the airplane centerline. Therefore, the Flight Structures, Inc.,
proposed configuration will require new special conditions.
    These special conditions will provide head injury criteria, neck
injury criteria, spine injury criteria, and body-to-wall contact
criteria. They contain the additional safety standards that the
Administrator considers necessary to establish a level of safety
equivalent to that established by the existing airworthiness standards.

Applicability

    These special conditions are applicable to the Boeing Model 777-200
airplanes configured with the business-class seating defined in Flight
Structures, Inc., certification plan No. B3FS332-D10. Should Flight
Structures, Inc., apply at a later date for a supplemental type
certificate to modify any other model included on Type Certificate No.
T00001SE to incorporate the same novel or unusual design feature, these
special conditions would apply to the other model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model of airplane. It is not a rule of general applicability,
and affects only the applicant who applied to the FAA for approval of
these features on the airplane.
    The substance of these special conditions has been subjected to the
notice and comment period in several prior instances, and has been
derived without substantive change from those previously issued. It is
unlikely that prior public comment would result in a significant change
from the substance contained herein. Therefore, because a delay would
significantly affect the certification of the airplane, the FAA has
determined that prior public notice and comment are unnecessary and
impracticable, and good cause exists for adopting these special
conditions upon publication in the Federal Register. The FAA is
requesting comments to allow interested persons to submit views that
may not have been submitted in response to the prior opportunities for
comment described above.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

    The authority citation for these special conditions is as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

    Accordingly, pursuant to the authority delegated to me by the
Administrator, the following special conditions are issued as part of
the type certification basis for the Boeing Model 777-200 airplane.

Side-Facing Seats Special Conditions

    In addition to the requirements of Sec.  25.562:

1. Head-Injury Criteria

    Compliance with Sec.  25.562(c)(5) is required, except that, if the
anthropomorphic test device (ATD) has no apparent contact with the
seat/structure but has contact with an airbag, a head-injury criterion
(HIC) unlimited score in excess of 1000 is acceptable, provided the
HIC15 score (calculated in accordance with 49 CFR 571.208) for that
contact is less than 700.

2. Body-to-Wall/Furnishing Contact

    If a seat is installed aft of structure (e.g., an interior wall or
furnishing) that does not provide a homogenous contact surface for the
expected range of occupants and yaw angles, then additional analysis
and/or test(s) may be required to demonstrate that the injury criteria
are met for the area that an occupant could contact. For example, if
different yaw angles could result in different airbag performance, then
additional analysis or separate test(s) may be necessary to evaluate
performance.

3. Neck Injury Criteria

    The seating system must protect the occupant from experiencing
serious neck injury. The assessment of neck injury must be conducted
with the airbag device activated, unless there is reason to also
consider that the neck-injury potential would be higher for impacts
below the airbag-device deployment threshold.
    a. The Nij (calculated in accordance with 49 CFR
571.208) must be below 1.0, where Nij =Fz/
Fzc + My/Myc, and Nij
critical values are:
    i. Fzc = 1530 lb for tension
    ii. Fzc = 1385 lb for compression
    iii. Myc = 229 lb-ft in flexion
    iv. Myc = 100 lb-ft in extension
    b. In addition, peak Fz must be below 937 lb in tension
and 899 lb in compression.
    c. Rotation of the head about its vertical axis, relative to the
torso, is limited to 105 degrees in either direction from forward-
facing.
    d. The neck must not impact any surface that would produce
concentrated loading on the neck.

4. Spine and Torso Injury Criteria

    a. The shoulders must remain aligned with the hips throughout the
impact sequence, or support for the upper torso must be provided to
prevent forward or lateral flailing beyond 45 degrees from the vertical
during significant spinal loading. Alternatively, the lumbar spine
tension (Fz) cannot exceed 1200 lb.
    b. Significant concentrated loading on the occupant's spine, in the
area between the pelvis and shoulders during impact, including rebound,
is not acceptable. During this type of contact, the interval for any
rearward (X-direction) acceleration exceeding 20g must be less than 3
milliseconds as measured by the thoracic instrumentation specified in
49 CFR part 572, subpart E, filtered in accordance with SAE
International (SAE) J211-1.
    c. Occupant must not interact with the armrest or other seat
components in any manner significantly different than would be expected
for a forward-facing seat installation.
    5. Longitudinal test(s), conducted to measure the injury criteria
above, must be performed with the FAA Hybrid III ATD, as described in
SAE 1999-01-1609. The test(s) must be conducted with an undeformed
floor, at the most-critical yaw case(s) for injury, and with all
lateral structural supports (armrests/walls) installed.

    Note:  Boeing must demonstrate that the installation of seats
via plinths or pallets meets all applicable requirements. Compliance
with the guidance contained in FAA Policy Memorandum PS-ANM-100-
2000-00123, dated February 2, 2000, titled ``Guidance for
Demonstrating Compliance with Seat Dynamic Testing for Plinths and
Pallets,'' is acceptable to the FAA.

Inflatable Lap Belt Special Conditions

    If inflatable lap belts are installed on single-place side-facing
seats, the lap belts must meet Special Conditions No. 25-187A-SC.

    Issued in Renton, Washington, on September 2, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-24727 Filed 9-29-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Proposed Rules]
[Pages 34804-34806]
[FR Doc No: 2018-15672]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0683]
RIN 1625-AA00

Safety Zone; Great Lakes Offshore Grand Prix; Lake Erie, Dunkirk,
NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
for certain waters of Dunkirk Harbor, Lake Erie, Dunkirk, NY during the
Great Lakes Offshore Grand Prix. This proposed rulemaking would
prohibit persons and vessels from being in the safety zone unless
authorized by the Captain of the Port Buffalo or a designated
representative. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before August 7, 2018.

ADDRESSES: You may submit comments identified by docket number USCG-
2018-0683 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, call or email LCDR Michael Collet, Chief of
Waterways Management, U.S. Coast Guard Sector Buffalo; telephone 716-
843-9322, 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, Purpose, and Legal Basis

    On March 22, 2018, Dunkirk Local Development Corporation and
Dunkirk Festivals notified the Coast Guard that it would be conducting
a professional high speed powerboat race from 10:00 a.m. until 5:00
p.m. on August 19, 2018. The race will be held in the vicinity of the
Dunkirk Harbor. Hazards from the boat regatta include high speed
vessels. The Captain of the Port Buffalo (COTP) has determined that
potential hazards associated with the Great Lakes Offshore Grand Prix
would be a safety concern for anyone within the designated safety zone.
    The purpose of this rulemaking is to enhance the safety of vessels
and racers on the navigable waters within the designated safety zone
before, during, and after the scheduled event. The Coast Guard proposes
this rulemaking under authority 33 U.S.C. 1231.

III. Discussion of Proposed Rule

    The COTP proposes to establish a temporary safety zone enforced
intermittently, from 10:00 a.m. until 5:00 p.m. on August 19, 2018 with
a rain date of August 18, 2018. The safety zone will encompass all
navigable waters of Lake Erie, Dunkirk, NY starting at position
42[deg]29'37.7'' N, 079[deg]21'17.7'' W then Northwest to
42[deg]29'45.2'' N, 079[deg]21'28.2'' W then Northeast to
42[deg]30'15.0'' N, 079[deg]21'20.0'' W then Northeast to
42[deg]30'39.0'' N, 079[deg]19'46.0'' W then Southeast to
42[deg]30'09.3'' N, 079[deg]19'03.1'' W. The duration of the zone is
intended to enhance the safety of vessels and these navigable waters
before, during, and after the scheduled 10:00 a.m. until 5:00 p.m. boat
races. No vessel or person would be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. 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, duration, and time-of-day of the safety zone. Vessel traffic
would not be able to safely transit around this safety zone, which
would impact a small designated area of Lake Erie. However, 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
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
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 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 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 establishing a safety zone
lasting 7 hours that would prohibit entry into all waters inside of
Lake Erie, Dunkirk, NY starting at position 42[deg]29'37.7'' N,
079[deg]21'17.7'' W then Northwest to 42[deg]29'45.2'' N,
079[deg]21'28.2'' W then Northeast to 42[deg]30'15.0'' N,
079[deg]21'20.0'' W then Northeast to 42[deg]30'39.0'' N,
079[deg]19'46.0'' W then Southeast to 42[deg]30'09.3'' N,
079[deg]19'03.1'' W. Normally such actions are 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 preliminary Record of
Environmental Consideration (REC) 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

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

    Authority: 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.

0
2. Add Sec.  165.T09-0683 to read as follows:

Sec.  165.T09-0683  Safety Zone; Great Lakes Offshore Grand Prix; Lake
Erie, Dunkirk, NY.

    (a) Location. The safety zone will encompass all waters of Lake
Erie, Dunkirk,
    NY starting at position 42[deg]29'37.7'' N, 079[deg]21'17.7'' W
then Northwest to 42[deg]29'45.2'' N, 079[deg]21'28.2'' W then
Northeast to 42[deg]30'15.0'' N, 079[deg]21'20.0'' W then Northeast to
42[deg]30'39.0'' N, 079[deg]19'46.0'' W then Southeast to
42[deg]30'09.3'' N, 079[deg]19'03.1'' W.
    (b) Enforcement Period. This rule is effective from 10:00 a.m.
until 5:00 p.m. on August 19, 2018 with a rain date of August 18, 2018.
    (c) Regulations.
    (1) In accordance with the general regulations in Sec.  165.23 of
this part, entry into, transiting, or anchoring within this safety zone
is prohibited unless authorized by the Captain of the Port Buffalo or
his designated on-scene representative.
    (2) This safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port Buffalo or his designated on-
scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port
Buffalo is any Coast Guard commissioned, warrant or petty officer who
has been designated by the Captain of the Port Buffalo to act on his
behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone must contact the Captain of the Port Buffalo or his on-scene
representative to obtain permission to do so. The Captain of the Port
Buffalo or his on-scene representative may be contacted via VHF Channel
16. Vessel operators given permission to enter or operate in the safety
zone must comply with all directions given to them by the Captain of
the Port Buffalo, or his on-scene representative.

    Dated: July 17, 2018.
Joseph S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port Buffalo.
[FR Doc. 2018-15672 Filed 7-20-18; 8:45 am]
BILLING CODE 9110-04-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.  C.  20460

				OFFICE OF

PREVENTION, PESTICIDES

AND TOXIC SUBSTANCES

Chemical:  123802

DP Barcode: 337939

MEMORANDUM

DATE:		February 12, 2009

SUBJECT: 	Transmittal of Environmental Fate, Ecological Risk and
Endangered Species Assessment in Support of the Registration Review of
Fomesafen Sodium (PC123802)

FROM:	Paige Doelling, Ph.D., Fisheries Biologist

		Steve Wente, Biologist

Nancy Andrews, Ph.D, Branch Chief

		Environmental Risk Branch 1

Environmental Fate and Effects Division

TO:		Wilhelmena Livingston, Chemical Review Manager

		Special Review and Registration Division

Attached is the Environmental Fate, Ecological Risk and Endangered
Species Assessment in Support of the Registration Review of Fomesafen
Sodium (PC123802) and supporting appendices.  Key findings of the
assessment are summarized below.

Fomesafen is an herbicide, applied as a foliar spray (both pre-emergent
and post-emergent) for control of broad-leaved weeds, grasses, and
sedges.  Currently it is registered for use on soybeans, cotton, dry
beans and snap beans under FIFRA Section 3. Mode of action is via
cellular membrane disruption.  It is persistent in soil and surface
waters, and has the potential to leach to ground water.  Based on
physical properties, bioaccumulation and long-range transport are not
expected to be of concern.  It is extremely toxic to terrestrial plants,
but of fairly low acute toxicity to fish and wildlife.  Some chronic
reproductive effects have been noted in mammals, and may also occur in
birds. No major degradates of toxicological concern have been
identified.

Ecologically, the organisms most at risk from fomesafen are terrestrial
plants, especially dicots.  Because terrestrial plants are important
both ecologically (they provide a critical part of both the structure
and function that defines “habitat”) and economically (nearby
non-target, non-treated crop plants may be affected), these potential
impacts are an important consideration.  No LOCs were exceeded for
aquatic endpoints except the listed species LOC for freshwater
non-vascular plants.  At the time of this assessment, there were no
listed non-vascular freshwater plants, and no listed species had been
identified as having an obligate relationship with freshwater
non-vascular plants.  For terrestrial organisms, chronic LOCs were
exceeded for birds (and by extension, reptiles and amphibians) at all
but the lowest application rate.  Chronic LOCs were exceeded for mammals
only for small herbivorous mammals at the highest application rate.
Chronic LOC exceedences apply to both listed and non-listed species.

For terrestrial plants, using drift estimates based on the more
sensitive dicots, effects should be anticipated as far as 850 ft for
ground applications, and 1,000 ft for aerial applications.  An analysis
of the impact of modifying droplet size spectrum and the differences in
aerial versus ground application methods has been included in the risk
description.  Based on spray drift estimations, clearance distances for
chronic exceedences are well within the clearance distances for
terrestrial plants, thus if terrestrial plants are protected, then by
virtue of sensitivity, other vulnerable organisms should be protected as
well.  Clearance distances for chronic effects on birds, reptiles,
amphibians, and mammals are 10 ft from the application source for ground
applications (based on low boom estimates) and 100 ft for aerial
applications (based on application parameters used in AgDrift Tier I
estimates).

For listed animals, both aquatic and terrestrial, the primary risk posed
by use of fomesafen as currently registered under Section 3 is due to
potential degradation of plant communities providing food, shelter, or
protection from predators.  On the basis of these indirect effects and
the anticipated magnitude of such effect, an overall determination of
may affect, likely to adversely affect applies to all listed species
located with 850 ft of the application location.  The action area, based
on the furthest extent at which an LOC is exceeded (dicots), is 1,000 ft
away from agricultural land in geographic areas where fomesafen is
registered for use.  No direct effects are anticipated for aquatic
organisms, constituting a no effect determination for these organisms on
the basis of direct effects.  Based on available data, there is a
chronic risk to birds, reptiles, and terrestrial-phase amphibians.  The
Agency is unable to evaluate the potential magnitude of these chronic
effects, thus the overall determination for these taxa is may affect,
likely to adversely affect.

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EXAMPLE PROCEDURE FOR COLLECTING BULK WATER SAMPLES FOR LABORATORY FILTRATION AND CRYPTOSPORIDIUM ANALYSIS JUNE 2003 DRAFT Draft June 2003 1 Example Procedure for Collecting Bulk Water Samples for Laboratory Filtration and Cryptospordium Analysis 1.0 Required Materials Check to make sure the following materials are available before collecting sample:

Q Several pairs of new, powder free latex gloves ( Lab Safety Supply, cat. number 16285XL, or equivalent)

Q Sample collection form Q 10 L cubitainer ( Eagle Picher cat. number 360 2.5, or equivalent)

Q Sample number label 9 Waterproof pen Q Cooler, approximately 34 quart ( Coleman, model number 5281A703, or equivalent)

Q Two large plastic trash bags Q Two 8 lb. bags of ice Q Four 13 × 18 inch ziplock bags Q Strapping tape Q Two, self adhesive plastic airbill sleeves Q Airbill for shipment 2.0 Collecting the Sample 2.1 Put on a pair of powder free latex gloves.

2.2 Turn on the influent tap and flush the system by allowing source water to flow for 2 to 3 minutes or until any debris that has accumulated has cleared or the turbidity in the water becomes visibly uniform.

2.3 While the system is flushing, record the following information on the sample collection form:

O Public water system ( PWS) name O PWS address O Sampler name O Sample ID ( optional)

O Public Water System Identification ( PWS ID) number O Public Water System facility ID number O Facility name O Sample collection point ID O Sample collection point name O Sample collection date Draft June 2003 2 O Source water type ( optional [ but required for E. coli sample forms])

O Requested analysis ( circle Cryptosporidium field sample for routine monitoring sample; circle both " Cryptosporidium field sample" and " Cryptosporidium matrix spike" sample if you are sending an additional sample with the monitoring sample for matrix spike analysis)

2.4 After the system has been flushed, any optional water quality parameters such as temperature, pH, and/ or turbidity should be measured now.

2.5 Fill the 10 L cubitainer. If both a field sample and a matrix spike sample are being collected, fill one immediately after the other. Record the following information on the sample collection form:

O Sample collection time O Comments to laboratory, if needed 2.6 Immediately following sample collection, tighten the cubitainer cap( s) and place the cubitainer( s) in a refrigerator to chill prior to packing the shipping cooler for shipment. If no refrigerator is available, and the sample will not be shipped for several hours, place the cubitainer( s) in the shipping cooler with ice to chill, and replace the ice before shipping.

Note! Method 1622/ 1623 requires that the temperature of the sample upon arrival at the laboratory must be < 10 ° C ( but not frozen), and the laboratory must have the filter processed within 96 hours of sample collection. If the sample temperature and holding time requirements are not met, then the sample is invalid and must be recollected.

3.0 Packing the Sample 3.1 Insert two large plastic trash bags into the shipping cooler to create a double liner. Immediately before packing the cooler, place an 8 lb bag of ice into each of the two plastic, ziplock bags. To prevent leaks place each ice pack into an additional ziplock bag. Seal each ziplock bag, expelling as much air as possible, and secure top with tape.

Note! Shipping companies may delay sample shipments if leakage occurs. Double liners and ziplock bags around ice will prevent leakage and delays.

3.2 Place the chilled cubitainer upright into the center of the lined cooler. Place the two ice packs into the cooler, one on each side of the cubitainer.

3.3 If you will be monitoring sample temperature during shipment, place in the cooler the temperature monitoring device ( e. g., extra sample bottle for measuring sample temperature upon receipt at the laboratory, thermometer vial, or Thermochron   iButton). Seal each liner bag by twisting top of bag and tying in a knot.

3.4 Peel the backing off one of the plastic airbill sleeves and attach the sleeve to the inside of the cooler lid.

O Sign and date the sample collection form.

Fold the completed sample collection form, and place it inside the plastic sleeve. Draft June 2003 3 3.5 Close the cooler lid, seal the horizontal joints with duct tape, and secure the lid with tape by taping the cooler at each end, perpendicular to the seal.

Note! Shipping companies may delay sample shipments if leakage occurs. Be sure to seal the cooler joints.

3.6 Peel the backing off of the second airbill sleeve and attach the sleeve to the outside of the cooler lid. Complete the shipping airbill with the laboratory address, billing information, sample weight, and shipping service. Remove the shipper's copy of the airbill, and place the remainder of the airbill inside the plastic sleeve.

4.0 Shipping and Tracking 4.1 Ship samples on the day of collection and use a reliable shipping service for next day delivery. If samples are not shipped the day of collection, the sample must be maintained at < 10 ° C ( but not frozen) by chilling in a refrigerator or cooler filled with ice.

4.2 Contact the laboratory to notify them of the sample shipment. Request that the laboratory contact you the next day if the sample is not received.

4.3 Using the airbill number on the shipper's copy of the airbill, track the sample shipment using the shipping company's web page or by contacting the shipping company over the phone.

4.4 If problems are encountered with the shipment, communicate with the shipping company to resolve, and update the laboratory regarding the status of the shipment.