ET  The time spent outdoors is 2 hours/ day BW  Body weight of a toddler is 15 kg Application Rate ( mg/ cm2) = AR ( lb ai/ A) * CF1 * CF2 Where:

APlb/ A = application rate ( lb ai/ A)

CF1 = weight unit conversion factor to convert the lbs ai in the application rate to mg ( 4.54 x 105 mg/ lb)

CF2 = area unit conversion factor to convert the surface area units ( acres) in the application rate to cm2 ( 2.47 x 10 8 acre/ cm2) Page 149 of 177 Table I2  Oral Exposure from Mouthing DSMA Treated Turf Exposure Scenario Formulation Application Rate ( lb ai/ acre) Fraction AI Transferable Body Weight ( kg) Surface area of turf mouthed ( cm2) Average Daily Oral Dose ( mg/ kg/ day) Incidental Oral MOE Object to Mouth ( Tier 3) Spray 2.5 20% 15 25 0.009 750 Average Daily Oral Dose ( mg/ kg/ day) = AR ( mg/ cm2) x F x SA ( cm2)

BW ( kg)

Where:

ADOD = oral dose on day of application ( mg/ kg/ day)

ARmg/ cm2 = application rate ( mg/ cm2)

F = fraction of residue transferable from treated turf (%)

SA = surface area of turf mouthed ( cm2/ day)

BW = body weight ( kg)

Assumptions:

SA  The surface area of turf mouthed is 25 cm2/ day F  The fraction of residue transferable from treated turf is 20%

BW  Body weight of a toddler is 15 kg Application Rate ( mg/ cm2) = AR ( lb ai/ A) * CF1 * CF2 Where:

APlb/ A = application rate ( lb ai/ A)

CF1 = weight unit conversion factor to convert the lbs ai in the application rate to mg ( 4.54 x 105 mg/ lb)

CF2 = area unit conversion factor to convert the surface area units ( acres) in the application rate to cm2 ( 2.47 x 10 8 acre/ cm2) Page 150 of 177 Table I3  Oral Exposure from Incidental Soil Ingestion Following DSMA Applications to Turf Exposure Scenario Formulation Application Rate ( lb ai/ acre) % of rate in uppermost 1 cm of soil Ingestion Rate ( mg/ day) Body Weight ( kg) Soil Residue ( ug/ g) Average Daily Dose ( mg/ kg/ day) Incidental Oral MOE Soil Ingestion Spray 2.5 100% 100 15 18.8 0.00013 56,000 Average Daily Oral Dose = AR ( mg/ cm2) x F ( cm) x IgR( mg/ day) x SDF ( cm3/ mg)

BW ( kg)

Where:

ADOD = oral dose on day of application ( mg/ kg/ day)

ARmg/ cm2 = application rate ( mg/ cm2)

F = fraction or residue retained on uppermost 1 cm of soil (%) ( note: this is an adjustment from surface area to volume)

SDF = soil density factor  volume of soil ( cm3) per microgram of soil;

IgR = ingestion rate of soil ( mg/ day)

BW = body weight ( kg)

Assumptions:

F  fraction or residue retained on uppermost 1 cm of soil is 100 percent based on soil incorporation into top 1 cm of soil after application ( 1.0/ cm)

SDF = soil density factor  volume of soil ( cm3) per gram of soil; to weight 6.7 x 10 4 cm3/ mg soil)

IgR  ingestion rate of soil is 100 mg/ day BW  body weight of a toddler is 15 kg Application Rate ( mg/ cm2) = AR ( lb ai/ A) * CF1 * CF2 Where:

APlb/ A = application rate ( lb ai/ A)

CF1 = weight unit conversion factor to convert the lbs ai in the application rate to mg ( 4.54 x 105 mg/ lb)

CF2 = area unit conversion factor to convert the surface area units ( acres) in the application rate to cm2 ( 2.47 x 10 8 acre/ cm2)

Table I4. Dermal Exposure from DSMA Treated Turfgrass Page 151 of 177 Exposure Scenario Formulation Age Group Exposed Application Rate ( lb ai/ acre) Default transferable residue (%) Hours of Exposure Transfer Coefficient ( cm2/ hr) Absorbed Dermal Dose ( mg/ kg/ day) Dermal MOE Adult 14,500 0.58 1,700 High Contact Lawn Activities Toddler 2 5,200 0.97 1,000 Adult 0.14 7,300 Mowing Turf Youths ( 10 12 yrs) 5% 2 3400 0.24 4,100 Adult 0.67 10,000 0.54 1,900 Gardening Youths ( 10 12 yrs) 20% 0.33 5,000 0.24 4,200 Adult 0.04 25,000 Golfer Spray Youths ( 10 12 yrs) 2.5 5% 4 500 0.072 14,000 Average Daily Dermal Dose ( mg/ kg/ day) = TTR ( mg/ cm2) x TC ( cm2/ hr) x ET ( hr/ day) x DA (%)

BW ( kg)

Where:

ADDD = Dermal exposure at on day of application attributable for activity in a previously treated area ( mg/ kg/ day)

ARmg/ cm2 = application rate ( mg/ cm2)

F = fraction of residue transferable from treated turf (%)

TC = Transfer Coefficient ( cm2/ hour);

ET = Exposure Time ( hours/ day);

DA = Dermal Absorption ( 5); and BW = Body Weight ( kg)

Assumptions:

F  fraction of residue transferable from treated turf is 5%; dislodgeable from garden foliage is 20%;

TC  The assumed transfer coefficients ( TCs) for adults and children performing short term high contact activities on treated turf are 14,500 and 5,200 cm2/ hour, respectively. The assumed transfer coefficients ( TCs) for adults and children performing short term high contact activities in treated gardens are 10,000 and 5,000 200 cm2/ hour, respectively. Golfing, mowing and other low contact activities were assumed to have a TC of 500 cm2/ hour.

ET  exposure time for high contact activities on residential lawns is 2 hours; exposure time for adults and children while gardening are 0.67 and 0.33 hours, respectively.; exposure time while golfing is 4 hours.

DA  Dermal absorption is 30%

BW  body weight for a toddler is 15 kg; for a youth is 39 kg; for an adult is 70 kg. Page 152 of 177 Table I5   Combined Incidental Oral Exposures to Toddlers from Postapplication Exposures to DSMA Treated Turf Exposure Scenario Application Type Application Rate ( lb ai/ acre) Hand to Mouth Average Daily Oral Dose ( mg/ kg/ day) Object to Mouth Average Daily Oral Dose ( mg/ kg/ day) Soil Ingestion Average Daily Oral Dose ( mg/ kg/ day) Combined Average Daily Oral Dose ( mg/ kg/ day) Combined Incidental Oral MOE Toddler on Turf Spray 2.5 0.037 0.009 0.00013 0.047 149 Page 153 of 177 Appendix J

MSMA Occupational Handler Exposure and Risk Appendices Page 154 of 177 Table J1. MSMA Dermal Occupational Handler Exposures and Risks Dermal Unit Exposures ( mg/ lb ai) Dermal Dose ( mg/ kg/ day) Dermal MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baselined PPE w/ Glovese PPE double layer w/ glovesf Eng Cong Baseline PPEw gloves PPEdouble layer w/ gloves Eng Cont Baseline PPEw gloves PPE double layer w/ gloves Eng Cont Mixer/ Loader Cotton ( pre plant or postplant up to cracking) 2 1.7 1200 2.9 0.023 0.017 0.0086 85 0.68 0.5 0.25 12 1500 2000 4000 Mixing/ Loading Liquid Concentrates for Aerial Applications ( 1a) Cotton ( postemergent over the top broadcast spray) 0.9375 0.8 1200 2.9 0.023 0.017 0.0086 40 0.32 0.23 0.12 25 3200 4300 8400 Cotton ( postemergent directed spray) 2 1.7 200 2.9 0.023 0.017 0.0086 14 0.11 0.083 0.042 70 8900 12000 24000 Cotton ( postemergent directed band application) 0.9375 0.8 200 2.9 0.023 0.017 0.0086 6.7 0.053 0.039 0.02 150 19000 26000 51000 Turf on sod farms 3.9204 3.4 80 2.9 0.023 0.017 0.0086 11 0.088 0.065 0.033 90 11000 15000 30000 Mixing/ Loading Liquids Concentrates for Groundboom Applications ( 1b) Lawns and Ornamental Turf ( athletic fields, golf courses,

parks) 2.6136 2.2 40 2.9 0.023 0.017 0.0086 3.7 0.029 0.033 0.011 270 34000 46000 91000 Page 155 of 177 Table J1. MSMA Dermal Occupational Handler Exposures and Risks Dermal Unit Exposures ( mg/ lb ai) Dermal Dose ( mg/ kg/ day) Dermal MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baselined PPE w/ Glovese PPE double layer w/ glovesf Eng Cong Baseline PPEw gloves PPEdouble layer w/ gloves Eng Cont Baseline PPEw gloves PPE double layer w/ gloves Eng Cont Lawns and Ornamental Turf ( established Bermudagrass and zoysia grass) 3.9204 3.4 40 2.9 0.023 0.017 0.0086 5.6 0.044 0.024 0.017 180 23000 31000 60000 Nonbearing Fruit, Nut,

& Vineyards 4 3.4 80 2.9 0.023 0.017 0.0086 11 0.09 0.067 0.034 88 11000 15000 30000 Mixing/ Loading Liquids Concentrates for Groundboom Applications ( 1b) Cont. Noncrop Areas 4.5 3.9 100 2.9 0.023 0.017 0.0086 16 0.13 0.094 0.047 63 7900 11000 21000 Lawns and Ornamental Turf ( athletic fields, golf courses,

parks) 2.6136 2.2 100 2.9 0.023 0.017 0.0086 9.3 0.074 0.054 0.028 110 14000 18000 36000 Lawns and Ornamental Turf ( well established actively growing turfgrass) 2.178 1.9 100 2.9 0.023 0.017 0.0086 7.7 0.061 0.045 0.023 130 16000 22000 44000 Mixing/ Loading Liquid Concentrates to Support LCO Handgun Applications ( mixing/ loadin g supports 20 LCOs) ( 1c) Lawns and Ornamental Turf ( established Bermudagrass and zoysia grass) 3.9204 3.4 100 2.9 0.023 0.017 0.0086 14 0.11 0.082 0.041 72 9000 12000 24000 Page 156 of 177 Table J1. MSMA Dermal Occupational Handler Exposures and Risks Dermal Unit Exposures ( mg/ lb ai) Dermal Dose ( mg/ kg/ day) Dermal MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baselined PPE w/ Glovese PPE double layer w/ glovesf Eng Cong Baseline PPEw gloves PPEdouble layer w/ gloves Eng Cont Baseline PPEw gloves PPE double layer w/ gloves Eng Cont Mixing/ Loading Liquid Concentrates to Support Rights of Way ( 1d) Noncrop Areas 4.5 3.9 80 2.9 0.023 0.017 0.0086 13 0.1 0.075 0.038 78 9900 13000 26000 Applicator Cotton 2 1.7 1200 No Data No Data No Data 0.005 No Data No Data No Data 0.15 No Data No Data No Data 6800 Applying Sprays via Aerial Equipment ( 2) Cotton 0.9375 0.8 1200 No Data No Data No Data 0.005 No Data No Data No Data 0.069 No Data No Data No Data 15000 Cotton 2 1.7 200 0.014 0.014 0.011 0.005 0.069 0.069 0.054 0.025 15000 15000 19000 41000 Cotton 0.9375 0.8 200 0.014 0.014 0.011 0.005 0.032 0.032 0.025 0.011 31000 31000 40000 87000 Turf on sod farms 3.9204 3.4 80 0.014 0.014 0.011 0.005 0.054 0.054 0.042 0.019 19000 19000 24000 52000 Applying Sprays via Groundboom Equipment ( 3) Lawns and Ornamental Turf ( athletic fields, golf courses,

parks) 2.6136 2.2 40 0.014 0.014 0.011 0.005 0.018 0.018 0.014 0.0064 56000 56000 71000 160000 Page 157 of 177 Table J1. MSMA Dermal Occupational Handler Exposures and Risks Dermal Unit Exposures ( mg/ lb ai) Dermal Dose ( mg/ kg/ day) Dermal MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baselined PPE w/ Glovese PPE double layer w/ glovesf Eng Cong Baseline PPEw gloves PPEdouble layer w/ gloves Eng Cont Baseline PPEw gloves PPE double layer w/ gloves Eng Cont Lawns and Ornamental Turf ( well established actively growing turfgrassgolf courses) 2.178 1.9 40 0.014 0.014 0.011 0.005 0.015 0.015 0.012 0.0053 67000 67000 85000 190000 Lawns and Ornamental Turf ( established Bermudagrass and zoysia grass golf courses) 3.9204 3.4 40 0.014 0.014 0.011 0.005 0.027 0.027 0.021 0.0096 37000 37000 47000 100000 Nonbearing Fruit & Nut Orchards &

Vineyards 4 3.4 80 0.014 0.014 0.011 0.005 0.055 0.055 0.043 0.02 18000 18000 23000 51000 Applying Sprays via Groundboom Equipment ( 3)

Cont. Noncrop Areas 4.5 3.9 100 0.014 0.014 0.011 0.005 0.077 0.077 0.061 0.028 13000 13000 16000 36000 Lawns and Ornamental Turf ( athletic parks, golf courses,

parks) 2.6136 2.2 5 No Data 0.34 0.19 Not Feasible No Data 0.054 0.03 No Data No Data 18000 33000 No Data Applying Sprays via Handgun Equipment ( 4) Lawns and Ornamental Turf ( well established actively growing turfgrass) 2.178 1.9 5 No Data 0.34 0.19 Not Feasible No Data 0.045 0.025 No Data No Data 22000 39000 No Data Page 158 of 177 Table J1. MSMA Dermal Occupational Handler Exposures and Risks Dermal Unit Exposures ( mg/ lb ai) Dermal Dose ( mg/ kg/ day) Dermal MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baselined PPE w/ Glovese PPE double layer w/ glovesf Eng Cong Baseline PPEw gloves PPEdouble layer w/ gloves Eng Cont Baseline PPEw gloves PPE double layer w/ gloves Eng Cont Applying Sprays via Handgun Equipment ( 4)

Cont. Lawns and Ornamental Turf ( established Bermudagrass and zoysia grass) 3.9204 3.4 5 No Data 0.34 0.19 Not Feasible No Data 0.082 0.046 No Data No Data 12000 22000 No Data Applying Sprays via Rights of Way Equipment ( 5) Noncrop Areas 4.5 3.9 80 1.3 0.39 0.29 Not Feasible 5.7 1.7 1.3 No Data 170 580 780 No Data Flagger Cotton 2 1.7 350 0.011 N/ A 0.01 0.00022 0.094 No Data 0.086 0.0019 11000 No Data 12000 530000 Flagging for Aerial Sprays Applications ( 6) Cotton 0.9375 0.8 350 0.011 N/ A 0.01 0.00022 0.044 No Data 0.04 0.00088 23000 No Data 25000 1100000 Mixer/ Loader/ Applicator Lawns and Ornamental Turf ( athletic fields, golf courses,

parks) 2.6136 2.2 5 15 0.33 Data available Not Feasible 2.8 0.062 No Data Not Feasible 360 16000 No Data Not Feasible Lawns and Ornamental Turf ( well established actively growing turfgrass) 2.178 1.9 5 15 0.33 Data available Not Feasible 2.3 0.051 No Data Not Feasible 430 19000 No Data Not Feasible Mixing/ Loading/ Applying Liquid Concentrates with Low Pressure Handwand ( ORETF) ( 7) Lawns and Ornamental Turf ( established Bermudagrass and zoysia grass) 3.9204 3.4 5 15 0.33 Data available Not Feasible 4.2 0.092 No Data Not Feasible 240 11000 No Data Not Feasible Page 159 of 177 Table J1. MSMA Dermal Occupational Handler Exposures and Risks Dermal Unit Exposures ( mg/ lb ai) Dermal Dose ( mg/ kg/ day) Dermal MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baselined PPE w/ Glovese PPE double layer w/ glovesf Eng Cong Baseline PPEw gloves PPEdouble layer w/ gloves Eng Cont Baseline PPEw gloves PPE double layer w/ gloves Eng Cont Lawns and Ornamental Turf ( athletic fields, golf courses,

parks) 2.6136 2.2 5 No Data 0.45 0.245 Not Feasible No Data 0.072 0.039 Not Feasible No Data 14000 25000 Not Feasible Lawns and Ornamental Turf ( well established actively growing turfgrass) 2.178 1.9 5 No Data 0.45 0.245 Not Feasible No Data 0.06 0.033 Not Feasible No Data 17000 31000 Not Feasible Lawns and Ornamental Turf ( established Bermudagrass and zoysia grass) 3.9204 3.4 5 No Data 0.45 0.245 Not Feasible No Data 0.11 0.059 Not Feasible No Data 9200 17000 Not Feasible Mixing/ Loading/ Applying Liquid Concentrates with a Handgun Sprayer ( LCO ORETF data)

( 8) Nonbearing Fruit & Nut Orchards &

Vineyards 4 3.4 5 No Data 0.45 0.245 Not Feasible No Data 0.11 0.06 Not Feasible No Data 9100 17000 Not Feasible a Application rates are the maximum application rates determined from EPA registered labels for MSMA b Application Rate of MMA = ( MW of MAA/ MW of MSMA * Application Rate of MSMA)

c Amount handled per day values are HED estimates of acres or gallons or other area/ amount treated per day based on industry sources and HED estimates.

d Baseline is long sleeve shirt, long pants, shoes, socks and no gloves and no respirator e Single layer w/ gloves is baseline attire plus chemical resistant gloves.

f Double layer w/ gloves is coveralls worn over long sleeve shirt and long pants, plus chemical resistant gloves.

g Engineering control is closed mixing/ loading system, enclosed cab, or enclosed cockpit.

h Dermal MOE = NOAEL ( 1000 mg/ kg/ day) / dermal daily dose ( mg/ kg/ day), where dermal dose = daily unit exposure ( mg/ lb ai) x application rate x amount handled per day / body weight ( 70 kg adult). Page 160 of 177 Table J2. MSMA Occupational Inhalation Handler Exposure and Risks Inhalation Unit Exposures ( ug/ lb ai) Inhalation Dose ( mg/ kg/ day) Inhalation MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baseline d 80%

PPERe 90%

PPERf Eng Cong Baseline 80% PPER 90% PPER Eng Cont Baseline 80%

PPE R 90%

PPE R Eng Cont Mixer/ Loader Cotton ( pre plant or post plant up to cracking) 2 1.7 1200 1.2 0.24 0.12 0.083 0.035 0.0071 0.0035 0.0024 120 620 1200 1800 Mixing/ Loading Liquid Concentrates for Aerial Applications ( 1a) Cotton ( postemergent over the top broadcast spray) 0.9375 0.8 1200 1.2 0.24 0.12 0.083 0.017 0.0033 0.0017 0.0011 260 1300 2600 3800 Cotton ( postemergent directed spray) 2 1.7 200 1.2 0.24 0.12 0.083 0.0059 0.0012 0.00059 0.00041 740 3700 7400 11000 Cotton ( postemergent directed band application) 0.9375 0.8 200 1.2 0.24 0.12 0.083 0.0028 0.00055 0.00028 0.00019 1600 7900 16000 23000 Turf on sod farms 3.9204 3.4 80 1.2 0.24 0.12 0.083 0.0046 0.00092 0.00046 0.00032 950 4700 9500 14000 Lawns and Ornamental Turf ( athletic fields,

golf courses,

parks) 2.6136 2.2 40 1.2 0.24 0.12 0.083 0.0015 0.00031 0.00015 0.00011 2800 14000 28000 41000 Lawns and Ornamental Turf ( established bermudagrass and zoysia grass) 3.9204 3.4 40 1.2 0.24 0.12 0.083 0.0023 0.00046 0.00023 0.00016 1900 9500 19000 27000 Nonbearing Fruit,

Nut, & Vineyards 4 3.4 80 1.2 0.24 0.12 0.083 0.0047 0.00094 0.00047 0.00033 930 4700 9300 13000 Mixing/ Loading Liquids Concentrates for Groundboom Applications ( 1b) Noncrop Areas 4.5 3.9 100 1.2 0.24 0.12 0.083 0.0066 0.0013 0.00066 0.00046 660 3300 6600 9600 Mixing/ Loading Liquid Concentrates to Support LCO Handgun Applications Lawns and Ornamental Turf ( athletic fields,

golf courses,

parks) 2.6136 2.2 100 1.2 0.24 0.12 0.083 0.0038 0.00077 0.00038 0.00027 1100 5700 11000 16000 Page 161 of 177 Table J2. MSMA Occupational Inhalation Handler Exposure and Risks Inhalation Unit Exposures ( ug/ lb ai) Inhalation Dose ( mg/ kg/ day) Inhalation MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baseline d 80%

PPERe 90%

PPERf Eng Cong Baseline 80% PPER 90% PPER Eng Cont Baseline 80%

PPE R 90%

PPE R Eng Cont Lawns and Ornamental Turf ( well established actively growing turfgrass) 2.178 1.9 100 1.2 0.24 0.12 0.083 0.0032 0.00064 0.00032 0.00022 1400 6800 14000 20000 ( mixing/ loading supports 20 LCOs)

( 1c) Lawns and Ornamental Turf ( established bermudagrass and zoysia grass) 3.9204 3.4 100 1.2 0.24 0.12 0.083 0.0058 0.0012 0.00058 0.0004 760 3800 7600 11000 Mixing/ Loading Liquid Concentrates to Support Rights of Way ( 1d) Noncrop Areas 4.5 3.9 80 1.2 0.24 0.12 0.083 0.0053 0.0011 0.00053 0.00037 830 4100 8300 12000 Applicator Cotton 2 1.7 1200 No Data No Data No Data 0.068 No Data No Data No Data 0.002 No Data No Data No Data 2200 Applying Sprays via Aerial Equipment ( 2) Cotton 0.9375 0.8 1200 No Data No Data No Data 0.068 No Data No Data No Data 0.00094 No Data No Data No Data 4700 Cotton 2 1.7 200 0.74 0.148 0.074 0.043 0.0036 0.00073 0.00036 0.00021 1200 6000 12000 21000 Cotton 0.9375 0.8 200 0.74 0.148 0.074 0.043 0.0017 0.00034 0.00017 0.000099 2600 13000 26000 44000 Turf on sod farms 3.9204 3.4 80 0.74 0.148 0.074 0.043 0.0028 0.00057 0.00028 0.00017 1500 7700 15000 26000 Applying Sprays via Groundboom Equipment ( 3) Lawns and Ornamental Turf ( athletic fields,

golf courses,

parks) 2.6136 2.2 40 0.74 0.148 0.074 0.043 0.00095 0.00019 0.000095 0.000055 4600 23000 46000 79000 Lawns and Ornamental Turf ( well established actively growing turfgrass golf courses) 2.178 1.9 40 0.74 0.148 0.074 0.043 0.00079 0.00016 0.000079 0.000046 5500 28000 55000 95000 Applying Sprays via Groundboom Equipment ( 3) Cont. Lawns and Ornamental Turf ( established bermudagrass and zoysia grass gofl courses) 3.9204 3.4 40 0.74 0.148 0.074 0.043 0.0014 0.00028 0.00014 0.000083 3100 15000 31000 53000 Page 162 of 177 Table J2. MSMA Occupational Inhalation Handler Exposure and Risks Inhalation Unit Exposures ( ug/ lb ai) Inhalation Dose ( mg/ kg/ day) Inhalation MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baseline d 80%

PPERe 90%

PPERf Eng Cong Baseline 80% PPER 90% PPER Eng Cont Baseline 80%

PPE R 90%

PPE R Eng Cont Nonbearing Fruit & Nut Orchards & Vineyards 4 3.4 80 0.74 0.148 0.074 0.043 0.0029 0.00058 0.00029 0.00017 1500 7500 15000 26000 Noncrop Areas 4.5 3.9 100 0.74 0.148 0.074 0.043 0.0041 0.00082 0.00041 0.00024 1100 5400 11000 18000 Lawns and Ornamental Turf ( athletic parks,

golf courses,

parks) 2.6136 2.2 5 1.4 0.28 0.14 Not Feasible 0.00022 0.000045 0.000022 No Data 20000 98000 200000 No Data Lawns and Ornamental Turf ( well established actively growing turfgrass) 2.178 1.9 5 1.4 0.28 0.14 Not Feasible 0.00019 0.000037 0.000019 No Data 23000 120000 230000 No Data Applying Sprays via Handgun Equipment ( 4) Lawns and Ornamental Turf ( established bermudagrass and zoysia grass) 3.9204 3.4 5 1.4 0.28 0.14 Not Feasible 0.00034 0.000067 0.000034 No Data 13000 65000 130000 No Data Applying Sprays via Rights of Way Equipment ( 5) Noncrop Areas 4.5 3.9 80 3.9 0.78 0.39 Not Feasible 0.017 0.0034 0.0017 No Data 250 1300 2500 No Data Flagger Cotton 2 1.7 350 0.35 0.07 0.035 0.007 0.003 0.0006 0.0003 0.00006 1500 7300 15000 73000 Flagging for Aerial Sprays Applications ( 6) Cotton 0.9375 0.8 350 0.35 0.07 0.035 0.007 0.0014 0.00028 0.00014 0.000028 3100 16000 31000 160000 Mixer/ Loader/ Applicator Page 163 of 177 Table J2. MSMA Occupational Inhalation Handler Exposure and Risks Inhalation Unit Exposures ( ug/ lb ai) Inhalation Dose ( mg/ kg/ day) Inhalation MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baseline d 80%

PPERe 90%

PPERf Eng Cong Baseline 80% PPER 90% PPER Eng Cont Baseline 80%

PPE R 90%

PPE R Eng Cont Lawns and Ornamental Turf ( athletic fields,

golf courses,

parks) 2.6136 2.2 5 2.7 0.54 0.27 Not Feasible 0.0005 0.0001 0.00005 Not Feasible 8700 43000 87000 Not Feasible Lawns and Ornamental Turf ( well established actively growing turfgrass) 2.178 1.9 5 2.7 0.54 0.27 Not Feasible 0.00042 0.000084 0.000042 Not Feasible 10000 52000 100000 Not Feasible Mixing/ Loading/

Applying Liquid Concentrates with Low Pressure Handwand ( ORETF)

( 7) Lawns and Ornamental Turf ( established bermudagrass and zoysia grass) 3.9204 3.4 5 2.7 0.54 0.27 Not Feasible 0.00076 0.00015 0.000076 Not Feasible 5800 29000 58000 Not Feasible Lawns and Ornamental Turf ( athletic fields,

golf courses,

parks) 2.6136 2.2 5 1.8 0.36 0.18 Not Feasible 0.00029 0.000058 0.000029 Not Feasible 15000 76000 150000 Not Feasible Mixing/ Loading/ App lying Liquid Concentrates with a Handgun Sprayer ( LCO ORETF data)

( 8) Lawns and Ornamental Turf ( well established actively growing turfgrass) 2.178 1.9 5 1.8 0.36 0.18 Not Feasible 0.00024 0.000048 0.000024 Not Feasible 18000 91000 180000 Not Feasible Page 164 of 177 Table J2. MSMA Occupational Inhalation Handler Exposure and Risks Inhalation Unit Exposures ( ug/ lb ai) Inhalation Dose ( mg/ kg/ day) Inhalation MOEh Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Application Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Baseline d 80%

PPERe 90%

PPERf Eng Cong Baseline 80% PPER 90% PPER Eng Cont Baseline 80%

PPE R 90%

PPE R Eng Cont Lawns and Ornamental Turf ( established bermudagrass and zoysia grass) 3.9204 3.4 5 1.8 0.36 0.18 Not Feasible 0.00043 0.000086 0.000043 Not Feasible 10000 51000 100000 Not Feasible Nonbearing Fruit & Nut Orchards & Vineyards 4 3.4 5 1.8 0.36 0.18 Not Feasible 0.00044 0.000088 0.000044 Not Feasible 9900 50000 99000 Not Feasible a Application rates are the maximum application rates determined from EPA registered labels for MSMA b Application Rate of MMA = ( MW of MAA/ MW of MSMA * Application Rate of MSMA)

c Amount handled per day values are HED estimates of acres, miles, or feet treated per day based on industry sources and HED estimates.

d Baseline is no respirator e 80% Respirator is quarter face dust/ mist respirator ( that provides an 80% protection factor).

f 90% Respirator is half face dust/ mist respirator ( that provides a 90% protection factor).

g Engineering control is closed mixing/ loading system or enclosed cockpit.

h Inhalation MOE = NOAEL ( 4.38 mg/ kg/ day) / inhalation daily dose ( mg/ kg/ day), where inhalation dose = daily unit exposure ( mg/ lb ai) x application rate x amount handled per day / body weight ( 70 kg adult) Page 165 of 177 Appendix K

MSMA Residential Handler Exposure and Risk Appendices Page 166 of 177 Table K1. MSMA Residential Dermal and Inhalation Handler Exposure and Risks Baseline Unit Exposures Baseline Doses ( mg/ kg/

day) Baseline MOE Exposure Scenario Crop or Target Application Rate of MSMAa ( lb ai/ acre) Applicatio n Rate of MAAb ( lb ai/ acre) Area Treated Dailyc ( acres) Dermald ( mg/ lb ai) Inhalatione ( ug/ lb ai) Dermal Inhalation Dermalf Inhalationg Mixer/ Loader/ Applicator 3.9204 3.4 0.5 38 2.7 0.91 0.000065 1100 68000 2.6136 2.2 0.5 38 2.7 0.61 0.000043 1600 100000 Mixing/ Loading/ Applying Liquid Concentrates with Low Pressure Handwand ( ORETF  ground directed)

( 1) lawns and ornamental turf 2.178 1.9 0.5 38 2.7 0.51 0.000036 2000 120000 3.9204 3.4 0.5 11 17 0.26 0.00041 3800 11000 2.6136 2.2 0.5 11 17 0.18 0.00027 5700 16000 Mixing/ Loading/ Applying Liquid Concentrates with Hose End Sprayer ( Residential ORETF data)

( 2) lawns and ornamental turf 2.178 1.9 0.5 11 17 0.15 0.00023 6800 19000 3.9204 3.4 0.5 2.6 11 0.062 0.00026 16000 17000 2.6136 2.2 0.5 2.6 11 0.042 0.00018 24000 25000 Loading/ Applying Liquid Concentrates with RTU Hose End Sprayer ( Residential ORETF data)

( 3) lawns and ornamental turf 2.178 1.9 0.5 2.6 11 0.035 0.00015 29000 30000 a Application rates are the maximum application rates determined from EPA registered labels for MSMA b Application Rate of MMA = ( MW of MAA/ MW of MSMA * Application Rate of MSMA)

c Amount handled per day values are HED estimates of acres, square feet, or gallons applied based on the Standard Operating Procedures for Residential Assessments,

industry sources, and HED estimates.

d Baseline Dermal is short sleeve shirt, short pants, shoes, socks and no gloves e Baseline Inhalation: no respirator.

f Dermal MOE = NOAEL ( 1000 mg/ kg/ day) / dermal daily dose ( mg/ kg/ day), where dermal dose = daily unit exposure ( mg/ lb ai) x application rate x amount handled per day x dermal absorption factor / body weight ( 70 kg adult).

g Inhalation MOE = NOAEL ( 4.38 mg/ kg/ day) / inhalation daily dose ( mg/ kg/ day), where inhalation dose = daily unit exposure ( mg/ lb ai) x application rate x amount handled per day / body weight ( 70 kg adult). Page 167 of 177 Appendix L

MSMA Residential Postapplication Exposure and Risk Appendices Page 168 of 177 Table L1  Oral Exposure from Hand to Mouth Activity on MSMA Treated Turf Exposure Scenario Formulation Application Rate ( lb ai/ acre) Fraction AI Transferable Surface area of hands ( cm2) Exposure Frequency ( events/ hr) Saliva Extraction Factor Exposure Time ( hrs/ day) Body Weight ( kg) Average Daily Oral Dose ( mg/ kg/ day) Incidental Oral MOE Hand to Mouth Spray 3.4 5% 20 20 50% 2 15 0.051 140 Average Daily Oral Dose Oral Dose ( mg/ kg/ day) = AR ( mg/ cm2) x SAhand ( cm2) x EXT x FQ( events/ hr) x ET( hrs/ day)

BW ( kg)

Where:

ADOD = oral dose on day of application ( mg/ kg/ day)

ARmg/ cm2 = application rate ( mg/ cm2)

F = fraction of residue transferable from treated turf (%)

SAhand = surface area of 1 to 3 fingers ( cm2)

EXT = extraction rate by saliva (%)

FQ = frequency of hand to mouth events ( events/ hour)

ET = exposure duration ( hours/ day)

BW = body weight ( kg)

Assumptions:

F  The fraction of residue transferable from turf is 5%

SA  The surface area of 1 to 3 fingers is 20 cm2 FQ  The frequency of hand to mouth events is 20 events per hour EXT  The extraction rate by saliva is 50%.

ET  The time spent outdoors is 2 hours/ day BW  Body weight of a toddler is 15 kg Application Rate ( mg/ cm2) = AR ( lb ai/ A) * CF1 * CF2 Where:

APlb/ A = application rate ( lb ai/ A)

CF1 = weight unit conversion factor to convert the lbs ai in the application rate to mg ( 4.54 x 105 mg/ lb)

CF2 = area unit conversion factor to convert the surface area units ( acres) in the application rate to cm2 ( 2.47 x 10 8 acre/ cm2) Page 169 of 177 Table L2  Oral Exposure from Mouthing MSMA Treated Turf Exposure Scenario Formulation Application Rate ( lb ai/ acre) Fraction AI Transferable Body Weight ( kg) Surface area of turf mouthed ( cm2) Average Daily Oral Dose ( mg/ kg/ day) Incidental Oral MOE Object to Mouth ( Tier 3) Spray 3.4 20% 15 25 0.013 550 Average Daily Oral Dose ( mg/ kg/ day) = AR ( mg/ cm2) x F x SA ( cm2)

BW ( kg)

Where:

ADOD = oral dose on day of application ( mg/ kg/ day)

ARmg/ cm2 = application rate ( mg/ cm2)

F = fraction of residue transferable from treated turf (%)

SA = surface area of turf mouthed ( cm2/ day)

BW = body weight ( kg)

Assumptions:

SA  The surface area of turf mouthed is 25 cm2/ day F  The fraction of residue transferable from treated turf is 20%

BW  Body weight of a toddler is 15 kg Application Rate ( mg/ cm2) = AR ( lb ai/ A) * CF1 * CF2 Where:

APlb/ A = application rate ( lb ai/ A)

CF1 = weight unit conversion factor to convert the lbs ai in the application rate to mg ( 4.54 x 105 mg/ lb)

CF2 = area unit conversion factor to convert the surface area units ( acres) in the application rate to cm2 ( 2.47 x 10 8 acre/ cm2) Page 170 of 177 Table L3  Oral Exposure from Incidental Soil Ingestion Following MSMA Applications to Turf Exposure Scenario Formulation Application Rate ( lb ai/ acre) % of rate in uppermost 1 cm of soil Ingestion Rate ( mg/ day) Body Weight ( kg) Soil Residue ( ug/ g) Average Daily Dose ( mg/ kg/ day) Incidental Oral MOE Soil Ingestion Spray 3.4 100% 100 15 25.5 0.00017 41,000 Average Daily Oral Dose = AR ( mg/ cm2) x F ( cm) x IgR( mg/ day) x SDF ( cm3/ mg)

BW ( kg)

Where:

ADOD = oral dose on day of application ( mg/ kg/ day)

ARmg/ cm2 = application rate ( mg/ cm2)

F = fraction or residue retained on uppermost 1 cm of soil (%) ( note: this is an adjustment from surface area to volume)

SDF = soil density factor  volume of soil ( cm3) per microgram of soil;

IgR = ingestion rate of soil ( mg/ day)

BW = body weight ( kg)

Assumptions:

F  fraction or residue retained on uppermost 1 cm of soil is 100 percent based on soil incorporation into top 1 cm of soil after application ( 1.0/ cm)

SDF = soil density factor  volume of soil ( cm3) per gram of soil; to weight 6.7 x 10 4 cm3/ mg soil)

IgR  ingestion rate of soil is 100 mg/ day BW  body weight of a toddler is 15 kg Application Rate ( mg/ cm2) = AR ( lb ai/ A) * CF1 * CF2 Where:

APlb/ A = application rate ( lb ai/ A)

CF1 = weight unit conversion factor to convert the lbs ai in the application rate to mg ( 4.54 x 105 mg/ lb)

CF2 = area unit conversion factor to convert the surface area units ( acres) in the application rate to cm2 ( 2.47 x 10 8 acre/ cm2)

Table L4. Dermal Exposure from MSMA Treated Turfgrass Page 171 of 177 Exposure Scenario Formulation Age Group Exposed Application Rate ( lb ai/ acre) Default transferable residue (%) Hours of Exposure Transfer Coefficient ( cm2/ hr) Absorbed Dermal Dose ( mg/ kg/ day) Dermal MOE Adult 14,500 0.79 1,300 High Contact Lawn Activities Toddler 5% 2 5,200 1.3 760 Adult 0.19 5,400 Mowing Turf Youths ( 10 12 yrs) 5% 2 3,400 0.33 3,000 Adult 0.67 10,000 0.73 1,400 Gardening Youths ( 10 12 yrs) 20% 0.33 5,000 0.32 3,100 Adult 0.054 18,000 Golfer Spray Youths ( 10 12 yrs) 3.4 5% 4 500 0.098 10,000 Average Daily Dermal Dose ( mg/ kg/ day) = TTR ( mg/ cm2) x TC ( cm2/ hr) x ET ( hr/ day) x DA (%)

BW ( kg)

Where:

ADDD = Dermal exposure at on day of application attributable for activity in a previously treated area ( mg/ kg/ day)

ARmg/ cm2 = application rate ( mg/ cm2)

F = fraction of residue transferable from treated turf (%)

TC = Transfer Coefficient ( cm2/ hour);

ET = Exposure Time ( hours/ day);

DA = Dermal Absorption ( 5); and BW = Body Weight ( kg)

Assumptions:

F  fraction of residue transferable from treated turf is 5%; dislodgeable from garden foliage is 20%;

TC  The assumed transfer coefficients ( TCs) for adults and children performing short term high contact activities on treated turf are 14,500 and 5,200 cm2/ hour, respectively. The assumed transfer coefficients ( TCs) for adults and children performing short term high contact activities in treated gardens are 10,000 and 5,000 200 cm2/ hour, respectively. Golfing, mowing and other low contact activities were assumed to have a TC of 500 cm2/ hour.

ET  exposure time for high contact activities on residential lawns is 2 hours; exposure time for adults and children while gardening are 0.67 and 0.33 hours, respectively.; exposure time while golfing is 4 hours.

DA  Dermal absorption is 30%

BW  body weight for a toddler is 15 kg; for a youth is 39 kg; for an adult is 70 kg. Page 172 of 177 Table L5   Combined Incidental Oral Exposures to Toddlers from Postapplication Exposures to MSMA Treated Turf Exposure Scenario Application Type Application Rate ( lb ai/ acre) Hand to Mouth Average Daily Oral Dose ( mg/ kg/ day) Object to Mouth Average Daily Oral Dose ( mg/ kg/ day) Soil Ingestion Average Daily Oral Dose ( mg/ kg/ day) Combined Average Daily Oral Dose ( mg/ kg/ day) Combined Incidental Oral MOE Toddler on Turf Spray 3.4 0.051 0.013 0.00017 0.064 110 Page 173 of 177 Appendix M   Assumptions Page 174 of 177 Table M1. Sources of Exposure Data Used In The Occupational Arsenicals Handler Exposure And Risk Calculations Exposure Scenario ( Number) Data Source Standard Assumptions ( 8 hr work day) a Commentsb, c Mixer/ Loader Descriptors Mixing/ Loading Liquid Formulations PHED V1.1 Aerial: 1200 acres for cotton;

Groundboom: 200 acres for cotton, 80 acres for turf on sod farms, lawns/

ornamental turf, non bearing fruits, nut and vineyards, 100 acres for non crop areas, 40 acres for lawns/ ornamental turf;

Handgun ( LCO): 100 acres for lawns and ornamental turf;

Rights of way: 80 acres for non crop areas Baseline: Dermal, hand, and inhalation = acceptable grades. Hands = 53 replicates; Dermal = 72 to 122 replicates;

and Inhalation = 85 replicates. High confidence in hand, dermal, and inhalation data. No protection factor was needed to define the unit exposures.

PPE: The same dermal data are used as for baseline coupled with a 50% protection factor to account for an additional layer of clothing. Hands = acceptable grades. Hands = 59 replicates. High confidence in hand data. A respirator protection factor of 5 is applied to estimate the use of a quarter face respirator ( dust/ mist filtering only). A respirator protection factor of 10 is applied to estimate the use of a half face negative pressure respirator or a powered air purifying respirator ( dust/ mist filtering and/ or organic vapor removing).

Engineering Controls: Hands, dermal, and inhalation = acceptable grades. Hands = 31 replicates; Dermal = 16 to 22 replicates; and Inhalation = 27 replicates. High confidence in hand, dermal, and inhalation data. Gloves were used coupled with engineering controls since empirical data without gloves were not available and back calculation of gloves to a no glove scenario is believed to give erroneously high estimates.

Applying Descriptors Applying Sprays via Fixedwing Aircraft PHED V1.1 1200 acres for cotton Engineering Controls: Dermal and hands = AB grade and Inhalation = ABC grade. Dermal = 20 to 28 replicates;

Hands = 34 replicates; and Inhalation = 23 replicates. High confidence in dermal and hand data. Medium confidence in inhalation data. No protection factor was needed to define the unit exposure value.

EPA has no data for this scenario, other than enclosed cockpits B the engineering control.

Applying Sprays via Groundboom Sprayer PHED V1.1 200 acres for cotton; 80 acres for turf on sod farms and non bearing fruits, nuts,

and vineyards; 100 acres for non crop areas, and 40 acres for lawn and ornamental turf Baseline: Dermal, hand, and inhalation = AB grades. Dermal = 23 to 42 replicates; Hands = 29 replicates; and Inhalation = 22 replicates. High confidence in hand, dermal, and inhalation data. No protection factors were needed to define the unit exposure values.

PPE: The same dermal data are used as for baseline coupled with a 50% protection factor to account for an additional layer of clothing. Hands = ABC grades. Hands = 21 replicates. Medium confidence in hand data. A respirator protection factor of 5 is applied to estimate the use of a quarter face respirator ( dust/ mist filtering only). A respirator protection factor of 10 is applied to estimate the use of a half face negative pressure respirator or a powered air purifying respirator ( dust/ mist filtering and/ or organic vapor removing).

Engineering Controls: Dermal and Hands = ABC grade. Inhalation = AB grades. Dermal = 20 to 31 replicates;

Hands = 16 replicates; and inhalation = 16 replicates. Medium confidence in the hand and dermal data. High confidence in inhalation data. No protection factor needed to define the unit exposure value. Protective gloves not used. Page 175 of 177 Table M1. Sources of Exposure Data Used In The Occupational Arsenicals Handler Exposure And Risk Calculations Exposure Scenario ( Number) Data Source Standard Assumptions ( 8 hr work day) a Commentsb, c Applying Sprays via Handgun Sprayer PHED V1.1 5 acres for lawns and ornamental turf Baseline: No data PPE: Dermal and hands = C grade, and inhalation = B grade. Dermal = 0 to 14 replicates; Hands = 14 replicates;

Inhalation = 14 replicates. Low confidence for dermal, hand, and inhalation data. Low confidence in inhalation data. A respirator protection factor of 5 is applied to estimate the use of a quarter face respirator ( dust/ mist filtering only). A respirator protection factor of 10 is applied to estimate the use of a half face negative pressure respirator or a powered air purifying respirator ( dust/ mist filtering and/ or organic vapor removing).

Engineering Controls: Not considered feasible for this exposure scenario.

Applying Sprays via Rights of Way Sprayer PHED V1.1 80 acres for non crop areas Baseline: Dermal = ABC grade with 4 20 replicates; Hands = AB grade with 16 replicates; inhalation = A grade with 16 replicates. High confidence in inhalation data; low confidence in dermal/ hand data due to lack of dermal replicates No protection factor was required to calculate unit exposures.

PPE: The same dermal data are used as for baseline coupled with a 50% protection factor to account for an additional layer of clothing. Hand = AB grade with 4 replicates. Low confidence in hand data due to the small number of replicates. A respirator protection factor of 5 is applied to estimate the use of a quarter face respirator ( dust/ mist filtering only). A respirator protection factor of 10 is applied to estimate the use of a half face negative pressure respirator or a powered air purifying respirator ( dust/ mist filtering and/ or organic vapor removing).

Engineering Controls: : Not considered feasible for this exposure scenario.

Flagging Descriptors Flagging for Aerial Spray Applications PHED V1.1 350 acres for cotton Baseline: Dermal, hands, and inhalation = AB grades. Dermal = 18 to 28 replicates; Hands = 30 replicates; and Inhalation = 28 replicates. High confidence in dermal, hand, and inhalation data. No protection factor was required to calculate unit exposures.

PPE: The same dermal data are used as for baseline coupled with a 50% protection factor to account for an additional layer of clothing. Hand = AB grades. Hands = 6 replicates. Low confidence in hand data due to the small number of replicates. A respirator protection factor of 5 is applied to estimate the use of a quarter face respirator ( dust/ mist filtering only). A respirator protection factor of 10 is applied to estimate the use of a half face negative pressure respirator or a powered air purifying respirator ( dust/ mist filtering and/ or organic vapor removing).

Engineering Controls: The same data are used as for baseline coupled with a 98% protection factor to account for the use of an engineering control ( e. g., sitting in a vehicle).

Mixing/ Loading/ Applying Descriptors Mixing/ Loading/ Applying Liquid Concentrates via Low Pressure Handwand ( Gardens) ORETF Chemical Handler Exposure Studies  5 acres Baseline: Hands ( no gloves) = 20 replicates; dermal = unknown replicates; inhalation = unknown replicates PPE: The same dermal data are used as for baseline; gloved hands = 20 replicates. A respirator protection factor of 5 is applied to estimate the use of a quarter face respirator ( dust/ mist filtering only). A respirator protection factor of 10 is applied to estimate the use of a half face negative pressure respirator or a powered air purifying respirator ( dust/ mist filtering and/ or organic vapor removing).

Engineering Controls: Not considered feasible for this exposure scenario. Page 176 of 177 Table M1. Sources of Exposure Data Used In The Occupational Arsenicals Handler Exposure And Risk Calculations Exposure Scenario ( Number) Data Source Standard Assumptions ( 8 hr work day) a Commentsb, c Mixing/ Loading/ Applying Liquid Concentrates via Handgun Sprayer ( ORETF data) ORETF Chemical Handler Exposure Studies 5 acres Baseline: Hands ( no gloves) = no data; dermal = 15 replicates; inhalation = 15 replicates PPE: : The same dermal data are used as for baseline coupled with a 50% protection factor to account for an additional layer of clothing; gloved hands = 15 replicates. A respirator protection factor of 5 is applied to estimate the use of a quarter face respirator ( dust/ mist filtering only). A respirator protection factor of 10 is applied to estimate the use of a half face negative pressure respirator or a powered air purifying respirator ( dust/ mist filtering and/ or organic vapor removing).

Engineering Controls: Not considered feasible for this exposure scenario.

Applying Ready to Use Formulations via Trigger Pump Sprayer ORETF Chemical Handler Exposure Studies 1000 ft2 Baseline: Hands ( no gloves) = 20 replicates; dermal = unknown replicates; inhalation = unknown replicates PPE: The same dermal data are used as for baseline; gloved hands = 20 replicates. A respirator protection factor of 5 is applied to estimate the use of a quarter face respirator ( dust/ mist filtering only). A respirator protection factor of 10 is applied to estimate the use of a half face negative pressure respirator or a powered air purifying respirator ( dust/ mist filtering and/ or organic vapor removing).

Engineering Controls: Not considered feasible for this exposure scenario.

Mixing/ Loading/ Applying Liquids with Watering Can ( using ORETF hose end sprayer data) ORETF Chemical Handler Exposure Studies 1000 ft2 Baseline: Hands ( no gloves) = 30 replicates; dermal = 30 replicates; inhalation = 30 replicates PPE: The same dermal data are used as for baseline; gloved hands = no data. A respirator protection factor of 5 is applied to estimate the use of a quarter face respirator ( dust/ mist filtering only). A respirator protection factor of 10 is applied to estimate the use of a half face negative pressure respirator or a powered air purifying respirator ( dust/ mist filtering and/ or organic vapor removing).

Engineering Controls: Not considered feasible for this exposure scenario.

  All Standard Assumptions are based on an 8 hour work day as estimated by the Agency.

  All handler exposure assessments in this document are based on the " Best Available" data as defined by the HED SOP for meeting Subdivision U Guidelines ( i. e., completing exposure assessments). Best available grades are assigned to data as follows: matrices with A and B grade data ( i. e., Acceptable Grade Data) and a minimum of 15 replicates; if not available, then grades A, B and C data and a minimum of 15 replicates; if not available, then all data regardless of the quality ( i. e., All Grade Data) and number of replicates. High quality data with a protection factor take precedence over low quality data with no protection factor. Generic data confidence categories are assigned as follows:

High = grades A and B and 15 or more replicates per body part Medium = grades A, B, and C and 15 or more replicates per body part Low = grades A, B, C, D and E or any combination of grades with less than 15 replicates.

C PHED grading criteria do not reflect overall quality of the reliability of the assessment. Sources of the exposure factors should also be considered in the risk Page 177 of 177 Table M2: Sources of Exposure Data Used In The Residential Arsenicals Handler Exposure And Risk Calculations Exposure Scenario ( Number) Data Source Standard Assumptions ( 8 hr work day) a Commentsb, c Mixer/ Loader/ Applicator Descriptors Mixing/ Loading/ Applying Liquid Concentrates with Low Pressure Handwand ORETF Chemical Handler Exposure Studies: Gardens 0.5 acres Baseline ( short sleeve shirt and short pants): Hands ( no gloves) = 20 replicates; dermal = unknown replicates;

inhalation = unknown replicates Mixing/ Loading/ Applying Liquid Concentrates with Hose End Sprayer ORETF Chemical Handler Exposure Studies: Gardens 0.5 acres Baseline ( short sleeve shirt and short pants): Hands ( no gloves) = 20 replicates; dermal = 20 replicates; inhalation = 20 replicates Mixing/ Loading/ Applying Liquid Concentrates with Ready to Use Hose End Sprayer ORETF Chemical Handler Exposure Studies 0.5 acres Baseline: Dermal, hands ( no gloves), and inhalation = 30 replicates; no PPE data available for hands ( i. e., no glove data available).

Applying Ready to Use Formulations via Trigger Pump Sprayer MRID 410547 01 1000 ft2 Baseline: The only empirical data that are available are based on the use of no protective clothing.

Applying Ready to Use Formulations via Trigger Pump Sprayer ORETF Chemical Handler Exposure Studies 1000 ft2 Baseline: Hands ( no gloves) = 20 replicates; dermal = unknown replicates; inhalation = unknown replicates PPE and Engineering Controls data are not required for this assessment.

a All Standard Assumptions are based on an 8 hour work day as estimated by HED. BEAD data were not available.

b All handler exposure assessments in this document are based on the " Best Available" data as defined by the PHED SOP for meeting Subdivision U Guidelines ( i. e., completing exposure assessments). Best available grades are assigned to data as follows: matrices with A and B grade data ( i. e., Acceptable Grade Data) and a minimum of 15 replicates; if not available, then grades A, B and C data and a minimum of 15 replicates; if not available, then all data regardless of the quality ( i. e., All Grade Data) and number of replicates. High quality data with a protection factor take precedence over low quality data with no protection factor. Generic data confidence categories are assigned as follows:

High = grades A and B and 15 or more replicates per body part Medium = grades A, B, and C and 15 or more replicates per body part Low = grades A, B, C, D and E or any combination of grades with less than 15 replicates.

c PHED grading criteria do not reflect overall quality of the reliability of the assessment. Sources of the exposure factors should also be considered in the risk management decision.


[Federal Register Volume 80, Number 217 (Tuesday, November 10, 2015)]
[Rules and Regulations]
[Pages 69567-69569]
[FR Doc No: 2015-28568]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2015-4086; Special Conditions No. 25-605-SC]

Special Conditions: Boeing Model 787-9 Airplane; Structure-
Mounted Airbags

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

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SUMMARY: These special conditions are issued for the Boeing Model 787-9
airplane. This airplane will have a novel or unusual design feature
when compared to the state of technology envisioned in the
airworthiness standards for transport-category airplanes. This design
feature is airbags mounted to structure to prevent serious injury. The
applicable airworthiness regulations do not contain adequate or
appropriate safety standards for this design feature. These special
conditions 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.

DATES: This action is effective on Boeing on November 10, 2015. We must
receive your comments by December 28, 2015 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: Jeff Gardlin, FAA, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-
3356; telephone<PHONE_NUMBER>; facsimile<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice of, and
opportunity for prior public comment on, these special conditions is
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 prior instances with no
substantive comments received. The FAA therefore finds that good cause
exists for making these special conditions effective upon publication
in the Federal Register.

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 5, 2009, The Boeing Company applied for a change to type
certificate no. T00021SE for structure-mounted airbags in the Model
787-9 airplane. The Model 787-9 airplane, which is a derivative of the
Model 787 series currently approved under type certificate no.
T00021SE, has a maximum passenger capacity of 420 passengers and a
maximum takeoff weight of 557,000 lbs.

Type Certification Basis

    Under the provisions of Title 14, Code of Federal Regulations (14
CFR) 21.101, The Boeing Company must show that the 787-9, as changed,
continues to meet the applicable provisions of the regulations
reference listed in type certificate no. T00021SE 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 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 the Model 787-9 airplane because of a
novel or unusual design feature, special conditions are prescribed
under the provisions of Sec.  21.16.
    Special conditions are initially applicable to the model for which
they are issued. Should the type certificate

for that model be amended later to include any other model that
incorporates the same novel or unusual design feature, or should any
other model already included on the same type certificate be modified
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 Model 787-9 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 Model 787-9 airplane will incorporate the following novel or
unusual design feature: Airbags mounted to structure to prevent head
injury.

Discussion

    Boeing proposes to install structure-mounted airbags instead of
inflatable lap belts as a means to protect each occupant from serious
injury in the event of an emergency landing, as required by Sec.
25.562(c)(5), on 787-9 airplanes equipped with B/E Aerospace Super-
Diamond Model business-class passenger seats.
    Such use of airbags to provide injury protection for the occupant
is a novel or unusual feature for this airplane model, and the
applicable airworthiness regulations do not contain adequate or
appropriate airworthiness standards for these design features.
Therefore, special conditions are needed to address requirements
particular to installation of airbags in this manner.
    Special conditions exist for airbags installed on seat belts, known
as inflatable lap belts, which have been installed on Boeing passenger
seats. Structure-mounted airbags, although a novel design, were first
introduced on Jetstream Aircraft Limited Model 4100 series airplanes,
which resulted in issuance of Special Conditions 25-ANM-127 on May 14,
1997. These special conditions supplemented 14 CFR part 25 and, more
specifically, Sec. Sec.  25.562 and 25.785.
    The structure-mounted airbag, similar to the inflatable lap belt,
is designed to limit occupant forward excursion in the event of an
emergency landing. These airbags will reduce the potential for serious
injury, including reducing the head injury criterion (HIC) measurement
defined in part 25. However, structure-mounted airbags function
similarly as automotive airbags, where the airbag deploys from the
furniture that is in front of the passenger, relative to the airplane's
direction of flight, forming a barrier between the structure and
occupant. Also, unlike the inflatable lap belt, the structure-mounted
airbag does not move with the occupant. To account for out-of-position
and brace-position occupants, the airbag is designed to conform to the
curvature of the exposed structure in the head-strike zone.
    Because the airbag system is essentially a single-use device, it
could deploy under crash conditions that are not sufficiently so severe
as to require the injury protection the airbag system provides. Because
an actual crash is frequently composed of a series of impacts before
the airplane comes to rest, a larger impact following the initial
impact could render the airbag system unavailable. This potential
situation does not exist with standard upper-torso restraints, which
tend to provide continuous protection regardless of impact severity, or
number of impacts, in a crash event. Therefore, the airbag-system
installation should be such that it provides protection, when it is
required, by not expending its protection when it is not required. If
the airbag deployment threshold is unnecessarily low, the airbag would
need to continue to provide protection when an impact requiring
protection occurs.
    These special conditions 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

    As discussed above, these special conditions are applicable to the
Boeing Model 787-9 airplane. Should The Boeing Company apply at a later
date for a change to the type certificate to include another model
incorporating the same novel or unusual design feature, these special
conditions would apply to that model as well.

Conclusion

    This action affects only certain novel or unusual design features
on one model series of airplane. It is not a rule of general
applicability.
    Under standard practice, the effective date of final special
conditions would be 30 days after the date of publication in the
Federal Register; however, as the certification date for the Boeing
Model 787-9 airplane is imminent, the FAA finds that good cause exists
to make these special conditions effective upon publication in the
Federal Register.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping
requirements.

0
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 Boeing Model 787-9 airplanes.
    1. The applicant must demonstrate by test that the structure-
mounted airbag will deploy and provide protection under crash
conditions where it is necessary to prevent serious injury to a 50th
percentile occupant, as specified in Sec.  25.562. The means of
protection must provide a consistent approach to energy absorption for
a range of occupants, from a two-year-old child to a 95th percentile
male.
    2. The structure-mounted airbag must provide adequate protection
for each occupant regardless of the number of occupants of the seat
assembly.
    3. The structure-mounted airbag system must not be susceptible to
inadvertent deployment as a result of wear and tear, or inertial loads
resulting from in-flight or ground maneuvers (including gusts and hard
landings) likely to be experienced in service.
    4. Deployment of the structure-mounted airbag must not introduce
hazards or injury mechanisms to the seated occupant, including
occupants in the brace position. Deployment of the structure-mounted
airbag must also not result in injuries that could impede rapid exit
from the airplane.
    5. The applicant must demonstrate that an inadvertent deployment
that could cause injury to a standing or sitting person is improbable.
Inadvertent deployment must not cause injury to anyone who may be
positioned close to the structure-mounted airbag (e.g., seated in an
adjacent seat, or standing adjacent to the airbag installation or the
subject seat). Cases where a structure-mounted airbag is inadvertently
deployed near a seated occupant or an empty seat must be considered.
    6. Effects of the deflection and deformation of the structure to
which the airbag is attached must be taken into account when evaluating
deployment and location of the inflated airbag. The effect of loads
imposed by airbag

deployment, or stowed components where applicable, must also be taken
into account.
    7. Inadvertent deployment of the structure-mounted airbag during
the most critical part of flight will either not cause a hazard to the
airplane or is extremely improbable.
    8. The applicant must demonstrate that the structure-mounted
airbag, when deployed, does not impair access to the seatbelt- or
harness-release means, and must not hinder evacuation. This will
include consideration of adjacent seat places and the aisle.
    9. The airbag, once deployed, must not adversely affect the
emergency-lighting system, and must not block escape-path lighting to
the extent that the light(s) no longer meet their intended function.
    10. The structure-mounted airbag must not impede occupants' rapid
exit from the airplane 10 seconds after its deployment.
    11. Where structure-mounted airbag systems are installed in or
close to passenger evacuation routes (other than for the passenger seat
for which the airbag is installed), possibility of impact on emergency
evacuation (e.g., hanging in the aisle, potential trip hazard, etc.)
must be evaluated.
    12. The airbag electronic system must be designed to be protected
from lightning per 14 CFR 25.1316(b), and high-intensity radiated
fields (HIRF) per 14 CFR 25.1317(c).
    13. The structure-mounted airbag system must not contain or release
hazardous quantities of gas or particulate matter into the cabin.
    14. The structure-mounted airbag installation must be protected
from the effects of fire such that no hazard to occupants will result.
    15. The inflatable bag material must meet the 2.5-inches-per-minute
horizontal flammability test defined in 14 CFR part 25, appendix F,
part I, paragraph (a)(1)(iv).
    16. The design of the structure-mounted airbag system must protect
the mechanisms and controls from external contamination associated with
that which could occur on or around passenger seating.
    17. The structure-mounted airbag system must have a means to verify
the integrity of the structure-mounted airbag activation system.
    18. The applicant must provide installation limitations to ensure
installation compatibility between the seat design and opposing
monument or structure.

    Issued in Renton, Washington, on October 30, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2015-28568 Filed 11-9-15; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 121 (Friday, June 22, 2018)]
[Rules and Regulations]
[Pages 29003-29005]
[FR Doc No: 2018-13428]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0123]
RIN 1625-AA00

Safety Zone; Lavaca Bay, Point Comfort, TX

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of Lavaca Bay, Point Comfort, TX. This action
is necessary to provide for the safety of life on these navigable
waters near Point Comfort Bayfront Park during a fireworks display.
Entry of vessels or persons into this zone is prohibited unless
authorized by the Captain of the Port Sector Corpus Christi or a
designated representative.

DATES: This rule is effective from 7:30 p.m. through 9:30 p.m. on June
30, 2018.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0123 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 Petty Officer Kevin Kyles, Waterways Management Division,
U.S. Coast Guard; telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Corpus Christi
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

    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)(3)(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 would be impracticable.
This safety zone must be established by June 30, 2018 and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone until after the
scheduled date of the fireworks and compromise public safety.
    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 and contrary to the public interest
because immediate action is necessary to respond to the potential
safety hazards associated with the fireworks display.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Corpus Christi (COTP) has
determined that potential hazards associated with the fireworks display
occurring on June 30, 2018 will be a safety concern for anyone within a
500-foot radius of the fireworks display. This rule is necessary to
ensure the safety of life before, during, and after the scheduled
firework displays.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 7:30 p.m.
through 9:30 p.m. on June 30, 2018. The safety zone will cover all
navigable waters within 500 feet of the fireworks launch location at
Point Comfort Bayfront Park in the approximate position
28[deg]40'52.93'' N, 096[deg]33'47.723'' W, Point Comfort, TX. The
duration of the zone is intended to protect the public from the
fireworks display before, during, and after the scheduled fireworks
display. The duration of the zone is intended to protect personnel,
vessels, and the marine environment before, during, and after the
scheduled firework displays.
    Entry of vessels or persons into this zone is prohibited unless
authorized by the COTP or a designated representative. A designated
representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG
Sector Corpus Christi. Persons or vessels seeking to enter the safety
zone must request permission from the COTP or a designated
representative on VHF-FM

channel 16 or by telephone at<PHONE_NUMBER>. All persons and vessels
permitted to enter this safety zone must transit at the slowest safe
speed and comply with all lawful directions issued by the COTP or the
designated representative. The COTP or a designated representative will
inform the public of the enforcement times and date for this safety
zone through Broadcast Notices to Mariners (BNMs), Local Notices to
Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs), as
appropriate.

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 able to safely transit around this safety zone, which will
impact a small designated area of Lavaca Bay for about two hours on one
evening when vessel traffic is normally low. Moreover, the Coast Guard
will issue BNMs (via VHF-FM marine channel 16), Local Notices to
Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs),
about the zone. In addition, the rule allows 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
temporary safety zone may be small entities, for the reasons stated in
section IV.A above, this rule would 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 two hours that would prohibit entry within 500
feet of the fireworks launch location. It 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; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0123 to read as follows:

Sec.  165.T08-0123  Safety Zone; Lavaca Bay, Point Comfort, TX.

    (a) Location. The following area is a safety zone: All navigable
waters of Lavaca Bay encompassing a 500 feet of the fireworks launch
location at Point Comfort Bayfront Park in the approximate position
28[deg]40'52.93'' N, 096[deg]33'47.723'' W, Point Comfort, TX.
    (b) Effective period. This section is effective from 7:30 p.m.
through 9:30 p.m. on June 30, 2018.
    (c) Enforcement period. This section will be enforced from 7:30
p.m. through 9:30 p.m. on June 30, 2018.
    (d) Regulations. (1) In accordance with the general regulations in
Sec.  165.23, entry into this zone is prohibited unless authorized by
the Captain of the Port Sector Corpus Christi (COTP) or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the U.S. Coast Guard assigned to units under the
operational control of USCG Sector Corpus Christi.
    (2) Persons or vessels seeking to enter the safety zone must
request permission from the COTP or a designated representative on VHF-
FM channel 16 or by telephone at<PHONE_NUMBER>.
    (3) All persons and vessels permitted to enter this safety zone
must transit at the slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (e) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs),
as appropriate.

    Dated: June 15, 2018.
E.J. Gaynor,
Captain, U.S. Coast Guard, Captain of the Port Sector Corpus Christi.
[FR Doc. 2018-13428 Filed 6-21-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Page 14893]
[FR Doc No: 2017-05795]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14840-000]

Village of North Bennington; Notice of Preliminary Permit
Application Accepted for Filing and Soliciting Comments, Motions To
Intervene, and Competing Applications

    On February 28, 2017, the Village of North Bennington, Vermont,
filed an application for a preliminary permit, pursuant to section 4(f)
of the Federal Power Act (FPA), proposing to study the feasibility of
the Firehouse Dam Hydroelectric Project (Firehouse Project or project)
to be located on Paran Creek, near the Village of North Bennington, in
Bennington County, Vermont. The sole purpose of a preliminary permit,
if issued, is to grant the permit holder priority to file a license
application during the permit term. A preliminary permit does not
authorize the permit holder to perform any land-disturbing activities
or otherwise enter upon lands or waters owned by others without the
owners' express permission.
    The proposed Firehouse Project would consist of: (1) The existing
40-foot-long, 10-foot-concrete gravity Firehouse Dam and spillway
topped with new 1-foot-high flashboards and/or a new crest control
inflatable rubber gate; (2) an existing 1.27-acre impoundment with a
normal maximum water surface elevation 614.03 feet above mean sea
level; (3) a new intake structure; (4) a new 20-foot-long, 15-foot-wide
concrete and wood powerhouse containing a single 36-kilowatt turbine-
generator unit; (5) a new 75-foot-long, 12.47-kilovolt transmission
line; and (6) appurtenant facilities. The estimated annual generation
of the Firehouse Project would be 171.58 megawatt-hours.
    Applicant Contact: William F. Scully, P.O. Box 338, North
Bennington, Vermont 05257; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    FERC Contact: Michael Watts; phone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Competing applications and notices of intent must meet the requirements
of 18 CFR 4.36.
    The Commission strongly encourages electronic filing. Please file
comments, motions to intervene, notices of intent, and competing
applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief
comments up to 6,000 characters, without prior registration, using the
eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You
must include your name and contact information at the end of your
comments. For assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket number P-14840-000.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-14840) in the docket number field to access
the document. For assistance, contact FERC Online Support.

    Dated: March 16, 2017.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2017-05795 Filed 3-22-17; 8:45 am]
 BILLING CODE 6717-01-P


Appendix E-2 Cecil County Emission Reduction Measures List/ RACM Analysis

Strategy Category	Strategy Name	Brief Description	Above 0.1 tons per day VOC reduced	Above 0.1 tons per day NOx reduced	Below $10,000 per ton of VOC reduced	Below $10,000 per ton of NOx reduced	RACM Yes or No?	RACM Explanation:

Fuel	Biodiesel fuel	Expand use of biodiesel fuel for on-road vehicles.	(

NO

Will not provide reductions before May 2008

Fuel	Low-NOx diesel fuel	Require regional use of low-NOx fuel additives for on-road diesel vehicles	 	(	(	(

NO	Will not provide reductions before May 2008

Funding	Sell clean air license plates	Sell Clean Air License Plates to fund air quality programs (similar to “Save the Bay” tags).  Use the revenue to pay for cost effective emission reduction technologies.	 	   	(

NO

Will not provide reductions before May 2008

I/M	“Cash for Clunkers” Gas Caps Program	Provide free replacement gas caps to light- and medium-duty vehicle owners.

NO

Will not advance attainment based on potential emission reductions

I/M	Enhanced enforcement of smoking vehicles	Increase smoking vehicle enforcement for trucks.

NO

Will not advance attainment based on potential emission reductions

I/M	Remote Sensing Program	Adopt a remote sensing program.

NO

Will not provide reductions before May 2008

Idling	Auxiliary Power Units (APU)	Increase Market Penetration of APUs to Reduce Truck Idling.	 	 	 	(

NO

Will not provide reductions before May 2008

Idling	Electrified parking for tour buses	Provide electrified parking spaces for tour buses.	 	 	(	(

NO

Will not provide reductions before May 2008

Mode Shift/VMT	Clean Commute Marketing through Opinion Leaders	Recruit public opinion leaders to educate and encourage the public to reduce single occupant vehicle commuting.

NO

Will not provide reductions before May 2008

Mode Shift/VMT	Vehicle share programs	Develop vehicle share programs.

	(	(

NO	Will not provide reductions before May 2008

Mode Shift/VMT 	Telecourses at local colleges and universities	Encourage local colleges and universities to offer telecourses to reduce vehicle trips.

 (

(

NO

Will not advance attainment based on potential emission reductions

Mode Shift/VMT 	Mass marketing campaign	Marketing effort involving business-to-business advertising campaign in print media and on world wide web.

NO

Will not advance attainment based on potential emission reductions

New Vehicle	Private fleets buy gasoline hybrid electric vehicles	Require fleets operating in the Cecil County nonattainment area to be comprised of a percentage of Advanced Technology--Partial ZEVs (PZEVs).

 (

(

NO

Will not provide reductions before May 2008

New Vehicle	Hybrid vehicle tax incentives	Establish incentives to purchase hybrid electric vehicles.

 (

(

NO

Will not provide reductions before May 2008

New Vehicle	Rebate for Hybrid Vehicle Purchase	Issue rebates for purchase and registration of hybrid vehicles.

 (

(

NO

Will not provide reductions before May 2008

Parking	New surface parking at transit centers	Add new parking spaces at transit center parking lots.

NO

Will not provide reductions before May 2008

Retrofit	Improve truck fleet efficiency	Encourage Adoption of Technologies that Increase Truck Fleet Efficiency.

 (

(

NO

Will not provide reductions before May 2008

Retrofit	Voluntary NOx Diesel Retrofits	Implement voluntary diesel retrofit programs targeted at reducing NOx emissions. Target a variety of fleets and vehicle types.	 	(	 	(

NO

Will not provide reductions before May 2008

Retrofit	Voluntary PM Diesel Retrofits	Implement voluntary diesel retrofit programs targeted at reducing PM emissions. Target a variety of fleets and vehicle types.

NO

Will not advance attainment based on potential emission reductions

Transit	Clean Fuel Shuttles--mostly CNG	Use alternative fuel shuttle buses at airports. Include private lot shuttles--on a voluntary basis.

NO

Will not advance attainment based on potential emission reductions

Transit	Discounted pre-paid transit fare instruments	Institute/promote method for employers to provide transportation vouchers (i.e., for alternatives to SOV).

NO

Will not advance attainment based on potential emission reductions

Transit	Real-time bus schedule	Provide real-time bus schedule information.

(

(

NO

 Will not advance attainment based on potential emission reductions

Transit	Emergency ride home	Provide free taxi rides home for transit riders on systems that cannot get them home at midday for emergency situations	 	 	(	(

NO

Will not advance attainment based on potential emission reductions

VMT Reduction	School course on transportation-related air quality	Create and distribute public school course material on air pollution from motor vehicles

NO

Will not advance attainment based on potential emission reductions

Source:  E.H. Pechan & Associates, Inc., “ Review of Emission Reductions Strategies”,

              December 8, 2006


[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60004-60005]
[FR Doc No: 2016-20913]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-D-2495]

Submission of Warning Plans for Cigars; Draft Guidance for
Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Submission of
Warning Plans for Cigars.'' The draft guidance, when finalized, will
help those involved in the manufacture, distribution, and sale of
cigars in the United States understand the new cigar warning plan
requirements under FDA's final rule deeming these products to be
subject to the tobacco product authorities in the Federal Food, Drug,
and Cosmetic Act (the FD&C Act). The draft guidance reiterates the
required health warning statements and the requirements for random
display and distribution that should be provided in cigar warning
plans, and, when finalized, will help persons determine who should
submit a warning plan, when a plan must be submitted, and what
information should be included when submitting a plan.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by September 29, 2016.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on http://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2016-D-2495 for ``Submission of Warning Plans for Cigars.''
Received comments will be placed in the docket and, except for those
submitted as ``Confidential Submissions,'' publicly viewable at http://www.regulations.gov or at the Division of Dockets Management between 9
a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on http://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in

accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: http://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
    Submit written requests for single copies of this guidance to the
Center for Tobacco Products, Food and Drug Administration, Document
Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave., Silver
Spring, MD 20993-0002. Send one self-addressed adhesive label to assist
that office in processing your request or include a fax number to which
the guidance document may be sent. See the SUPPLEMENTARY INFORMATION
section for information on electronic access to the guidance.

FOR FURTHER INFORMATION CONTACT: Deirdre Jurand, Center for Tobacco
Products, Food and Drug Administration, 10903 New Hampshire Ave.,
Document Control Center, Bldg. 71, Rm. G335, 10903 New Hampshire Ave.,
Silver Spring, MD 20993-0002, 1-877-287-1373<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Submission of Warning Plans for Cigars.''
    On June 22, 2009, the President signed the Family Smoking
Prevention and Tobacco Control Act (Tobacco Control Act) (Pub. L. 111-
31) into law. The Tobacco Control Act granted FDA important new
authority to regulate the manufacture, marketing, and distribution of
cigarettes, cigarette tobacco, roll-your-own tobacco (RYO), and
smokeless tobacco products to protect the public health and to reduce
tobacco use by minors.
    The Tobacco Control Act also gave FDA the authority to issue a
regulation deeming all other products that meet the statutory
definition of a tobacco product as subject to FDA regulatory authority
(``deeming'') (section 901(b) of the FD&C Act (21 U.S.C. 387a)). On May
10, 2016, FDA issued that rule, extending FDA's tobacco product
authority to cigars, among other products (81 FR 28973). Among the
requirements that now apply to cigars are health warning statements
prescribed under section 906(d) of the FD&C Act (21 U.S.C. 387f(d)),
which permits restrictions on the sale and distribution of tobacco
products that are ``appropriate for the protection of public health.''
The regulation specifies the health warning statements to be displayed
and also requires the submission of warning plans that provide for the
random, equal display and random distribution of the statements on
cigar packaging and advertising.
    The draft guidance discusses the regulatory requirements to submit
warning plans, who submits a warning plan, the scope of a warning plan,
when to submit a warning plan, what information should be submitted in
a warning plan, where to submit a warning plan, and what approval of a
warning plan means.

II. Significance of Draft Guidance

    FDA is issuing this draft guidance consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on cigar warning
plans. It does not establish any rights for any person and is not
binding on FDA or the public. You can use an alternative approach if it
satisfies the requirements of the applicable statutes and regulations.

III. Paperwork Reduction Act of 1995

    This draft guidance also refers to previously approved collections
of information found in FDA regulations. The collections of information
in 21 CFR part 1143 have been approved under OMB control number 0910-
0768.

IV. Electronic Access

    Persons with access to the Internet may obtain an electronic
version of the guidance at either http://www.regulations.gov or http://www.fda.gov/TobaccoProducts/Labeling/RulesRegulationsGuidance/default.htm.

    Dated: August 25, 2016.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2016-20913 Filed 8-30-16; 8:45 am]
 BILLING CODE 4164-01-P