[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Rules and Regulations]
[Pages 11108-11111]
[FR Doc No: 2015-04158]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 121, 125, and 135

[Docket No. FAA-2015-0289]

Policy Regarding Datalink Communications Recording Requirements

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Policy update and clarification; request for comments.

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SUMMARY: This policy statement updates and clarifies how the FAA
determines when datalink communications must be recorded as a function
of the cockpit voice recorder operational regulations. This policy
update eliminates unneeded limitations in current policy, and restates
the FAA's intent that the requirement function as a performance-based
regulation.

DATES: Effective March 2, 2015. Comments must be received by June 1,
2015.

ADDRESSES: Send comments identified by docket number FAA-2015-0289
using any of the following methods:
     Federal eRulemaking 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: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
    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 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: For technical questions concerning
this action contact Tim Shaver, Flight Standards Service, Aircraft
Maintenance Division--Avionics Maintenance Branch, AFS-360, Federal
Aviation Administration, 800 Independence Avenue SW., Washington, DC
20591; telephone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    For legal questions concerning this action contact Karen Petronis,
Senior Attorney, Regulations Division, AGC-200, Office of the Chief
Counsel, Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    In 2008, the FAA promulgated several amendments to the flight
recorder regulations of Title 14 of the Code of Federal Regulations (73
FR 12542, March 7, 2008; Docket No. FAA-2005-20245). Those regulations
amended the requirements for cockpit voice recorders (CVR) and digital
flight data recorders (DFDR) and affected certain air carriers,
operators, and aircraft manufacturers. In amending the regulations, the
FAA

increased the duration of certain CVR recordings; increased the data
recording rate for certain DFDR parameters; required the physical
separation of the DFDR and CVR; required improved reliability of the
power supplies to both the CVR and DFDR; and required that datalink
communications to or from an aircraft be recorded if datalink
communication (DLC) equipment is installed. The changes were based on
recommendations issued by the National Transportation Safety Board
(NTSB) following its investigations of several accidents and incidents,
and included other revisions the FAA determined necessary. These
changes to CVR and DFDR systems were intended to improve the quality
and quantity of information recorded and retained for accident and
incident investigations.
    When the rule was promulgated, the FAA recognized that emergent DLC
technology was changing the equipment and means used by pilots to
communicate. While the 2008 regulations did not mandate the
installation of datalink communication equipment, the FAA recognized
the value of the data communications on the aircraft equipped with DLC,
and the need for communicated data to be recorded.
    In the preamble to the 2008 final rule, the FAA discussed a range
of comments received about datalink communications, including
compatibility with international standards, compliance time, recording
capacities, and the application of the requirement to existing datalink
capabilities. Many of the FAA's responses to those comments indicated
that the requirement to record would depend on the dates of
certification, whether the certification was at manufacture or was a
retrofit, the extent of equipment installation and functionality, the
scope of the message set and changes made to it. In retaining the
installation of DLC as optional, but making recording mandatory at
installation, the FAA expected that the expansion of datalink
technology and its increasing value to operators would result in
routine recordation of the communications.
    Since 2010, implementation of the Controller Pilot Data Link
Communications (CPDLC) recording requirement has become more complex
than anticipated. The FAA has been presented with a greater number of
discrete aircraft equipment installations than expected when the rule
was promulgated. As such, individual decisions on whether the recording
rule applied have become difficult to make consistently within the
scope of our original guidance. At issue are aircraft that were
manufactured before the effective date of the rule (December 6, 2010)
that require widely varying levels of additional CPDLC equipment or
software to be fully functional.

Regulatory Basis

    The regulation requires recordation of the data on the CVR, and was
added to the CVR sections of various operating rules in 14 CFR. These
regulations were linked to the certification regulations for the
particular aircraft, which refer to an approved data message set that
must be recorded from the communications unit that translates the
signal into data usable by the flight crew (in most cases the flight
management system). Rather than define a specific message set, the FAA
intended that the requirement be performance based to account for the
differing needs and equipage of operators and the evolution of data
capabilities.
    There are two guidance documents that apply to datalink
communications. First, Advisory Circular, AC 20-160--Onboard Recording
of Controller Pilot Data Link Communication (CPDLC) in Crash Survivable
Memory, identifies CPDLC messages that may be approved for inclusion in
an approved message set. We regularly review this document as new DLC
systems and capabilities are developed, the need for specific
information changes, and coordination with other international
regulating entities occurs.
    The second guidance document is an FAA information bulletin, InFO
10016, released August 16, 2010, which was intended to present in more
detail the circumstances that make the recordation requirement
applicable to a specific aircraft. When applied to individual aircraft,
however, the guidance documents raised unanticipated questions
regarding when the requirement would apply, including the effect of
equipment changes, and whether the timing of certain changes could
alter the applicability of the recording requirement.
    For example, while the FAA recognized that there were aircraft with
DLC system design approvals established before the effective date of
the rule, the question arose whether simple activation of the same
system (such as by a software modification) would make recording
mandatory. Since the system designs were approved prior to the rule,
they would not have included DLC recording as part of the initial
certification requirements, either for the system or the message set.
The InFO included guidance on upgrading existing aircraft with DLC
recording capability, which included a decision process requiring
consideration of multiple factors, such as the date of manufacture of
the aircraft, whether installation of both a CVR and a flight data
recorder were required, the date of installation of any datalink
equipment on the aircraft, whether the datalink equipment had an
approved message set, whether a supplemental type certificate was
required to install or activate the datalink equipment, and whether a
software change alone was sufficient to make the data link recording
requirement applicable to a particular aircraft.

Current Operating Environment

    Since the 2008 rules were promulgated, domestic CPDLC has expanded
and evolved, and is poised to become a significant means to enhance
safety, efficiency and capacity in the domestic national airspace
system (NAS). The FAA is now actively promoting the use of this
technology, and has invested in the Data Communications Program (Data
Comm) to provide more robust DLC services between pilots and air
traffic controllers. Data Comm will provide a data link between the
ground and flight deck avionics for safety-of-flight air traffic
control clearances, instructions, traffic flow management messages,
flight crew requests, and reports. Data Comm has also become a core
component of NextGen, as Data Comm provides needed enhancements for
communication infrastructure. Data Comm is expected to reduce the
impact of ground delays that result from airport reconfigurations,
weather, and congestion; reduce communication errors; improve
controller and pilot efficiency through automated information exchange;
enable broader use of NextGen services (e.g., enhanced re-routes,
trajectory operations); and increase controller productivity, leading
to increased NAS capacity.
    The FAA is developing data communications capability in two phases.
Segment 1 Phase 1 (S1P1) will deploy the CPDLC departure clearance
capability in the tower domain. Segment 1 Phase 2 (S1P2) will deliver
data communications services to the en route domain (such as airborne
reroutes, transfer of communications/initial check-in, and direct-to-
fix routing). A second segment enhancing these services is also
planned. Collectively, these services will contribute to a reduction in
flight delays, reduced environmental impacts, and more efficient routes
for aircraft resulting in increased operational efficiency, added
flexibility, and enhanced safety. In order

to realize the benefits of Data Comm in the NAS domestically,
additional aircraft beyond those that currently support Data Comm in
the Oceanic airspace are needed.
    As part of the equipage initiative to support Data Comm, operators
seeking to incorporate DLC equipment through the FAA-sponsored Data
Comm program have reported that current interpretations of the rule and
the guidance materials have resulted in an inconsistent determination
of when DLC recordation is required on individual aircraft. The
resulting uncertainty has delayed the installation of DLC equipment,
with operators reporting significant costs to modify aircraft to record
this data if the aircraft is not already equipped with the necessary
wiring and upgraded information management systems. The difficulties
and inconsistencies in application of the recordation criteria are
reducing industry participation in the Data Comm program. As part of
the NexGen Implementation Working Group (NIWG) activities in 2014,
industry representatives noted that their declining participation in
the Data Comm program was the result of the additional cost of the
recording equipment, further delaying the goal of the fleet size needed
to make the system effective.
    In 2014, the NIWG recommended that the Performance-based Operations
Rulemaking Committee (PARC) develop a recommendation on the recording
rule and present it to the FAA. The PARC is an FAA-sponsored rulemaking
committee that has both the FAA and aviation community at large among
its members, and which makes recommendations to FAA management on the
issues it addresses. Since 2005, the PARC has maintained a
Communications Working Group (CWG) to address the implementation of
aeronautical communications systems. In 2012, the PARC CWG began a
review of airborne datalink recording capabilities.
    The interplay of the recording regulation and the implementation of
NextGen were confirmed by the findings of the PARC in its report it
submitted to the FAA in October 2014. The FAA met with the PARC CWG and
the Data Comm program participants and came to the conclusions already
discussed--that determining whether datalink recording is required on
individual aircraft manufactured before the effective date of the rule
is difficult, resulting in confused and inconsistent decision making;
and that the Datalink Recording (DLR) equipage policy defined in the
current InFO 10016 leaves questions as to whether certain equipment
changes and revisions to DLC systems and certification documentation
caused the recordation requirement to apply.

Cost of Modification

    Since datalink recording itself was still optional under the 2008
regulation, and the use of datalink communication was still limited,
neither the recording requirement nor the guidance focused on the cost
of the installing recording equipment or on the safety benefits of DLC
use. The optional installation and varied use on in-service aircraft
left the FAA unable to estimate whether, when, or how many existing
aircraft would install DLC systems with CPDLC functionality. The FAA
anticipated that the economic benefits of DLC to an operator would be
the determining factor in a decision whether to install it at all. With
the recent input of the NIWG and the PARC, the economic impact of
installing a required DLC recording system is becoming better
understood. Cost data have been collected from the airline partners
that are participating in the Data Comm program and the PARC. The
reported cost for installing the recording functions is $135,000 per
aircraft. The costs associated with equipping an aircraft manufactured
before 2010 with datalink recording were approximated as follows:

 CVR Hardware--$18,000
 CVR Control Panel--$7,000
 Non-Recurring Engineering (CVR)--$10,000
 New Communications Management Unit (CMU) (recording capable)--
$35,000
 New CMU software that enables datalink recording--$10,000
 Non-recurring Engineering (CMU)--$10,000
 Installation Kits (CVR/CMU combined)--$10,000
 Installation Labor--$15,000
 Aircraft out of service costs (wiring run and access
required)--$20,000

Datalink Communication Safety Benefits

    While the efficiency benefits of CPDLC had been projected and
quantified in several studies that were available at the time of the
rulemaking, the safety benefits had not been the subject of similar
study. In 2012, the FAA began a preliminary analysis on the potential
safety benefits arising from the implementation of two systems, the
Future Air Navigation System (FANS 1/A) CPDLC and Automatic Dependent
Surveillance--Contract (ADS-C), and presented the results to the North
Atlantic Safety Analysis Reduced Separation Implementation Group (NAT
SARSIG) in 2012. As the summary of discussions and conclusions of the
meeting states, ``These preliminary results indicated a significant
potential for enhancing safety in the International Civil Aviation
Organization North Atlantic Region (ICAO NAT) Region, particularly in
the vertical dimension.'' (See Appendix L to the Summary of Discussions
of the NAT SARSIG Sixteenth Meeting, October 2012, included in the
docket for this notice). The NAT SARSIG indicated that projected safety
benefits include improved conformance monitoring and intervention
capability through early detection and resolution of errors via
integrated FANS 1/A CPDLC and ADS-C; a reduction in errors associated
with manual pilot data entry of clearances resulting from the ability
to load data link clearances directly into the Flight Management System
(FMS); and a reduction in the duration of loss of communication between
aircraft and air traffic control (ATC) when transferring ATC contact by
using a reviewable message.
    The ability to send reviewable messages is expected to
significantly reduce several communications errors, such as read-back
and hear-back errors, lack of read-back and hear-back, and audio
interruptions. These types of communications errors impact ATC
operations. As an example, failure to comply with an assigned altitude
may result from not hearing the communication, hearing it incorrectly,
or ATC not hearing a reply.
    In its report, the PARC recommended first that the FAA clarify its
guidance material to indicate that the recordation requirement does not
apply to certain cases of datalink retrofit including those aircraft
(1) that have an existing certified datalink capability; (2) that can
activate a datalink capability that was certified before the effective
date of the rule; and (3) that modify installation modifications to
certified data link capability that do not change the FANS 1/A or ATN
B1 interoperability. The PARC also recommended that the FAA go further
and revise the regulations to exclude any aircraft manufactured before
the effective date of the rule from the requirement to record datalink
communications messages, regardless of the date of installation of the
DLC equipment. Finally, the PARC recommended that the FAA work with the
European Aviation Safety Agency and ICAO to continue harmonizing data
link recording rules, their applicability, and timelines.

FAA Analysis

    The FAA has reviewed the PARC report and discussed the issue with
various aviation organizations. Based on the data and recommendations
received, the FAA concluded that a significant need for clarification
and revision of current policy exits. The agency and the industry have
made significant investment in data communications. These systems are
expected to reduce communication errors and improve safety in the NAS
as they enhance NAS efficiency and capacity.
    The FAA better understands the cost of installing DLR systems on
aircraft that were designed and manufactured before the regulation was
promulgated and no provisions for DLC recording were available. Most
aircraft produced after the effective date of the rule have the base
mechanisms for DLC already installed at manufacture, which
significantly decreases the cost and impact of incorporating a
recording component. Accordingly, the policy changes announced in this
document are applicable to aircraft that were manufactured before
December 6, 2010 (or April 6, 2012, if complying with part 91).
    The FAA agrees that the complexity of the current guidance has
resulted in inconsistent application of the rule. The recording
regulation was not intended to discourage the installation of datalink
capability, and its applicability should not depend on the subjective
interpretation of factors as minor as the day a previously installed
system was turned on or the scope of changes to a previously approved
DLC system. In order to maximize the safety and efficiency benefits of
DLC use in the NAS, the FAA is simplifying its guidance regarding the
applicability of the recording requirement for aircraft that were
manufactured before the effective date of the rule.
    The target aircraft for this policy change represent approximately
30% of the current U.S. fleet operating under parts 121 and 135, as
reported by the PARC. These 2,116 aircraft were manufactured prior to
2010 and had a certified DLC system that was available before the
recordation rule became effective. This number will gradually decrease
as these older aircraft are retired and replaced. Since DLC recordation
was not required when these aircraft were manufactured, none of the
messages associated with those certified systems were identified,
making application of the regulation difficult and inconsistent. The
FAA forecasts that by 2020, 34% of the U.S. fleet (approximately 2,200)
will consist of aircraft manufactured after 2010 that have DLC
recording capability.

Comments Requested

    While this policy update is effective on publication, the FAA seeks
comment from interested persons regarding the application of the policy
to affected operators. We are particularly interested in comments
identifying the make/model/series of aircraft that had a certified DLC
design approval prior to the effective date of the rule, and any
information regarding the economic impacts of the prior and revised
polices, and descriptions of circumstances for which application of the
regulation remains unclear following this policy update.

Updated Policy

    Datalink recording requirements are found in the operating
regulations of Title 14 of the Code of Federal Regulations (14 CFR),
specifically in Sec.  91.609, effective April 6, 2012; and in
Sec. Sec.  121.359, 125.227 and 135.151, effective December 6, 2010.
These regulations each require that the subject airplanes or rotorcraft
that install datalink communication equipment on or after [the
effective date of the rule], must record all datalink messages as
required by the certification rule applicable to the aircraft.
    This policy statement clarifies how the FAA defines the phrase
``install datalink communication equipment'' for purposes of the
recordation requirement. Clarification of this policy and FAA guidance
material is intended to assist FAA personnel and aircraft operators in
determining when datalink recording is required.

Definition of Datalink Communication Equipment

    The term ``datalink communication equipment'' as used in these
regulations, means all of the components installed on the aircraft that
are necessary to complete data communications. The equipment may vary
for individual aircraft, but could include the Flight Management
Computer; Communications Management Unit (CMU), or equipment with an
equivalent function that hosts an approved message set (e.g., CPDLC
application), the datalink router (e.g., hosted in the CMU) that routes
the messages to the radios, any radios (e.g., VHF, HF Datalink, Satcom)
that are used to transmit the messages using an approved message set,
and any antennas associated with these radios.

Applicability

    In applying this regulation, aircraft are divided into two groups:
Those manufactured on or after the effective date of the rule, and
those manufactured before that date.
    Those airplanes or rotorcraft manufactured on or after the
effective date, must record all datalink communications when both of
the following conditions are met:
     The aircraft is required to have both a cockpit voice
recorder and a flight data recorder; and
     The aircraft has datalink equipment installed that uses an
approved message set (see FAA Advisory Circular 20-160).
    Those airplanes or rotorcraft manufactured before the effective
date of the rule must record all datalink communications when both of
the following conditions are met:
     The aircraft is required to have both a cockpit voice
recorder and a flight data recorder; and
     The MAKE/MODEL/SERIES of the aircraft did not have any
certified DLC equipment installation design approval (providing one or
more of the messages identified in AC 20-160) prior to the effective
date of the rule.
    The FAA InFO 10016 dated August 16, 2010 is cancelled. A revised
InFO reflecting the policy changes noted here is under development and
will be posted on the FAA Web site when completed.

    Issued in Washington, DC, on February 23, 2015.
John S. Duncan,
Director, Flight Standards Service.
[FR Doc. 2015-04158 Filed 2-25-15; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register: December 21, 2007 (Volume 72, Number 245)] [CORRECTIONS]                [Page 72823] [DOCID:fr21de07-144]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0214; Directorate Identifier 2007-NM-224-AD] RIN 2120-AA64

  Airworthiness Directives; McDonnell Douglas Model 717-200  Airplanes

Correction

    In proposed rule, document E7-22727 beginning on page 65478 in the  issue of Wednesday, November 21, 2007, make the following correction:

Sec.  39.13  [Corrected]

    On page 65480, in Sec.  39.13, in the second column, in the third  line, ``appropriate'' should read ``appropriate action''.

[FR Doc. Z7-22727 Filed 12-20-07; 8:45 am]

BILLING CODE 1505-01-D


[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Proposed Rules]
[Pages 3664-3666]
[FR Doc No: 2012-1440]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-1138]
RIN 1625-AA09

Drawbridge Operation Regulation; Sacramento River, CA

AGENCY: Coast Guard, DHS.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Coast Guard is seeking comments and information on how
best to address a proposal to change the operating regulation for the
Freeport Drawbridge, mile 46.0, over the Sacramento River. The bridge
owner has proposed to change the 6 a.m. and 10 p.m., summer time ``on
demand'' bridge opening hours to a new timeframe between 9 a.m. and 5
p.m.; and to extend the annual winter operating schedule to include the
month of October, due to a documented decrease in drawbridge openings
compared to other nearby bridges. The proposed change is to address the
issue of misalignment between drawbridge staffing and actual usage of
the drawbridge that currently appears to be resulting in unnecessary
staffing of the drawbridge during periods of navigational inactivity.
In addressing this issue, the Coast Guard will continue to ensure the
reasonable needs of navigation and maritime users are met. We will use
your comments to help determine the best means to resolve this issue.

DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before March 26,
2012 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-1138 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>. To avoid duplication, please use only one of
these four methods. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section below for
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email David H. Sulouff, Chief, Bridge Section, Eleventh Coast
Guard District; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or
submitting material to the docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to respond to this notice by submitting comments
and related materials. All comments received will be posted without
change to http://www.regulations.gov and will include any personal
information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
notice (USCG-2011-1138), indicate the specific section of this document
to which each comment applies, and provide a reason for each suggestion
or recommendation. You may submit your comments and material online
(via http://www.regulations.gov) or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online via
www.regulations.gov, it will be considered received by the Coast Guard
when you successfully transmit the comment. If you fax, hand deliver,
or mail your comment, it will be considered as having been received by
the Coast Guard when it is received at the Docket Management Facility.
We recommend that you include your name and a mailing address, an email
address, or a telephone number in the body of your document so that we
can contact you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
inserting USCG-2011-1138 in the ``Keyword'' box, and then clicking
``Search.'' If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all

comments and material received during the comment period.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
inserting USCG-2011-1138 in the ``Keyword'' box, and then clicking
``Search.'' You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the Department of Transportation West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. We
have an agreement with the Department of Transportation to use the
Docket Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one before the comment period ends, using one of the four
methods specified under ADDRESSES. Please explain why you believe a
public meeting would be beneficial. If we determine that one would aid
in solving this problem, we will hold one at a time and place announced
by a later notice in the Federal Register.

Background

    Anyone may submit a written request to the District Commander for a
permanent change to a drawbridge operating requirement. The request
must include documentation supporting or justifying the requested
change. If after evaluating the request, the District Commander
determines that the requested change is not needed, he or she will
respond to the request in writing and provide the reasons for denial of
the requested change. If the District Commander decides that a change
may be needed, he or she will begin a rulemaking to implement the
change.
    The Freeport, CA Drawbridge, mile 46.0 over the Sacramento River,
is owned by the County of Sacramento and maintained by Sacramento and
Yolo Counties. Both counties have submitted a request for a permanent
change to the Freeport, CA Drawbridge operating requirements. The
existing drawbridge regulation found at 33 CFR 117.189, requires the
drawbridges between Isleton, CA and the American River junction
(including the Freeport drawbridge), to open on signal from May 1
through October 31 from 6 a.m. to 10 p.m. and from November 1 through
April 30 from 9 a.m. to 5 p.m. At all other times, the draws shall open
on signal if at least four hours notice is given to the drawtender at
the Rio Vista bridge across the Sacramento River, mile 12.8.
    The Counties who maintain and operate the drawbridge have proposed
to change the summer time ``on demand'' bridge opening hours from
between 6 a.m. and 10 p.m., to between 9 a.m. and 5 p.m.; and to extend
the annual winter operating schedule to include the month of October.
    The bridge owner has provided bridge operating statistics that show
significantly fewer drawspan operations during 2009-2010 than nearby
bridges at Georgiana Slough, Tyler Island and Walnut Grove. The
statistical information and a detailed explanation by the bridge owner
have been included in the docket and are available for public review
and comment. The bridge owner also has indicated a significant amount
of outreach has been performed on this proposal to various waterway
user organizations including the Pacific Inter-Club Yacht Association,
the Recreational Boaters of California, the Capital City Yacht Club,
the Sacramento Yacht Club, River View Yacht Club and Hornblower
Cruises.
    The Coast Guard policy regarding the promulgation of drawbridge
operation regulations requires that no regulation shall be implemented
for the sole purpose of saving the bridge owner the cost to operate a
bridge, nor to save wear and tear mechanically on a bridge. It is the
bridge owner's statutory and regulatory responsibility to provide the
necessary drawbridge tenders for the safe and prompt opening of a
bridge and to maintain drawbridges in good operating condition.
    The Freeport Drawbridge provides 29 feet of vertical clearance for
vessels above Mean High Water in the closed-to-navigation position and
unlimited vertical clearance when open. The Sacramento River is
navigable from its confluence with Suisun Bay to mile 245.0 at Red
Bluff, CA.
    A regulation change to 33 CFR 117.189 may look like the following:
    (a) The draws of each bridge from Isleton to the American River
junction except for the Sacramento County highway bridge across the
Sacramento River, mile 46.0 at Freeport, shall open on signal from May
1 through October 31 from 6 a.m. to 10 p.m. and from November 1 through
April 30 from 9 a.m. to 5 p.m. At all other times, the draws shall open
on signal if at least four hours notice is given to the drawtender at
the Rio Vista bridge across the Sacramento River, mile 12.8.
    (b) The draw of the Sacramento County highway bridge, mile 46.0 at
Freeport, shall open on signal from May 1 through September 30 from 9
a.m. to 5 p.m. At all other times, the draw shall open on signal if at
least four hours notice is given to the drawtender at the Rio Vista
Bridge across the Sacramento River, mile 12.8.

Information Requested

    To aid us in evaluating this proposed rule, we seek response from
all waterway users who navigate in this area and may be affected by the
proposed change to the existing operating schedule of the Freeport
Drawbridge crossing the Sacramento River (found at 33 CFR 117.189):
Based on the last analysis of this waterway the Coast Guard determined
in 1986 that the existing regulation met the reasonable needs of
waterway traffic while still meeting the needs of land traffic.
However, that analysis is over twenty years old, thus, we need current
information from waterway users. In particular we would like to receive
comments addressing the following questions:
    (1) Would the proposal to reduce the summertime ``on demand''
operating hours and to include the month of October in the annual
winter operating regulation, result in any negative impact to
recreational, commercial or other navigational operation on the
waterway?
    (2) Would the proposal to reduce the summertime ``on demand''
operating hours and to include the month of October in the annual
winter operating regulation, add or subtract transit time through this
bridge or on the waterway?
    (3) Would the proposal to reduce the summertime ``on demand''
operating hours and to include the month of October in the annual
winter operating regulation, result in a significant economic impact on
a substantial number of small entities as described in the Regulatory
Flexibility Act (5 U.S.C. 601-612)? 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.

This document is issued under authority of 5 U.S.C. 552(a); 33 CFR
1.05-1, and 1.05-30.

    Dated: January 3, 2012.
J.R. Castillo,
Rear Admiral, U.S. Coast Guard, Commander, Eleventh Coast Guard
District.
[FR Doc. 2012-1440 Filed 1-24-12; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 188 (Thursday, September 27, 2012)]
[Notices]
[Page 59396]
[FR Doc No: 2012-23824]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2012-0003; FRL-9362-7]

SFIREG EQI Working Committee; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Association of American Pesticide Control Officials
(AAPCO)/State FIFRA Issues Research and Evaluation Group (SFIREG),
Pesticides Operations and Management (EQI) Working Committee will hold
a 2-day meeting, beginning on October 15, 2012, and ending October 16,
2012. This notice announces the location and times for the meeting and
sets forth the tentative agenda topics.

DATES: The meeting will be held on Monday, October 15, 2012, from 8:30
a.m. to 5 p.m. and 8:30 a.m. to noon on Tuesday, October 16, 2012.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at EPA, One Potomac Yard (South
Bldg.) 2777 Crystal Dr., Arlington,VA, 1st Floor South Conference Room.

FOR FURTHER INFORMATION CONTACT: Ron Kendall, Field External Affairs
Division, Office of Pesticide Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001;
telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>or Grier Stayton, SFIREG Executive
Secretary, P.O. Box 466, Milford, DE 19963; telephone number: (302)
422-8152; fax:<PHONE_NUMBER>; email address: Grier Stayton at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are
interested in pesticide regulation issues affecting States and any
discussion between EPA and SFIREG on FIFRA field implementation issues
related to human health, environmental exposure to pesticides, and
insight into EPA's decision-making process. You are invited and
encouraged to attend the meetings and participate as appropriate.
Potentially affected entities may include, but are not limited to:
Those persons who are or may be required to conduct testing of chemical
substances under the Federal Food, Drug, and Cosmetics Act (FFDCA), or
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and
those who sell, distribute, or use pesticides, as well as any non-
government organization.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2012-0003, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301 Constitution
Ave. NW., Washington, DC 20460-0001. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Public Reading Room is (202)
566-1744, and the telephone number for the OPP Docket is (703) 305-
5805. Please review the visitor instructions and additional information
about the docket available at http://www.epa.gov/dockets.

II. Tentative Agenda Topics

    1. Persistent herbicide residues in compost and plant materials.
    2. Endangered Species Act update on activities in the Pacific
Northwest and on Rozol for prairie dogs.
    3. Disposal of treated seed--environmental impacts.
    4. Reporting of bee kills--to and among states.
    5. Hydro-fracking and the use of biocides in the process.
    6. Endocrine disruptor screening update.
    7. Human and aquatic health benchmarks.
    8. 25(b) policy.

III. How can I request to participate in this meeting?

    This meeting is open for the public to attend. You may attend the
meeting without further notification.

List of Subjects

    Environmental protection.

    Dated: September 18, 2012.
Robert C. McNally,
Director, Field External Affairs Division, Office of Pesticide
Programs.
[FR Doc. 2012-23824 Filed 9-26-12; 8:45 am]
BILLING CODE 6560-50-P