47464 Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Rules and Regulations 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminates 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

would not create an environmental risk 

to health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it would not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.1D, 

which guides the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that this action is one 

of a category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(32)(e) of the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, an environmental 

analysis checklist and a categorical 

exclusion determination are not 

required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. From September 4, 2010, to October 

5, 2012, in § 117.1007, suspend 

paragraphs (b) and (c) and add new 

paragraph (d) to read as follows: 

§ 117.1007 Elizabeth River—Eastern 

Branch. 

* * * * * 

(d) The draw of the Berkley Bridge, 

mile 0.4, at Norfolk, shall operate as 

follows: 

(1) The draw shall remain closed one 

hour prior to the published start of a 

scheduled marine event regulated under 

Sec. 100.501, and shall remain closed 

until one hour following the completion 

of the event unless the Patrol 

Commander designated under Sec. 

100.501 allows the bridge to open for 

commercial vessel traffic. 

(2) The draw shall open on signal at 

any time for vessels carrying, in bulk, 

cargoes regulated by 46 CFR 

subchapters D or O, or Certain 

Dangerous Cargoes as defined in 33 CFR 

160.204. 

(3) For all other vessels, the draw 

shall open on signal at any time, except 

from 5 a.m. to 7 p.m., Monday through 

Friday, except Federal holidays. During 

these times, the draw shall: 

(i) Open for commercial vessels with 

a draft of 18 feet or more, provided at 

least 6 hours notice was given to the 

Berkley Bridge Traffic Control room at 

(757) 494–2490. 

(ii) Open on signal at 9 a.m., 11 a.m., 

1 p.m. and 2:30 p.m. 

(4) If the bridge is not opened during 

a particular scheduled opening per 

paragraph (d)(3)(ii) of this section and a 

vessel has made prior arrangements for 

a delayed opening, the draw tender may 

provide a single opening up to 30 

minutes past that scheduled opening 

time for that signaling vessel, except at 

2:30 p.m. The draw tender may provide 

a single opening up to 20 minutes past 

the 2:30 p.m. scheduled opening time 

for a signaling vessel that made prior 

arrangements for a delayed opening. A 

vessel may make prior arrangements for 

a delayed opening by contacting the 

Berkley Bridge Traffic Control room at 

(757) 494–2490. 

Dated: July 23, 2010. 

William D. Lee, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2010–19518 Filed 8–5–10; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2008–8] 

Exemption to Prohibition on 

Circumvention of Copyright Protection 

Systems for Access Control 

Technologies 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Final Rule; correction. 

SUMMARY: The Copyright Office makes a 

nonsubstantial correction to its 

regulation announcing the prohibition 

against circumvention of technological 

measures that effectively control access 

to copyrighted works shall not apply to 

persons who engage in noninfringing 

uses of six classes of copyrighted works. 

EFFECTIVE DATE: August 6, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Robert Kasunic, Assistant General 

Counsel, and David O. Carson, General 

Counsel, Copyright GC/I&R, P.O. Box 

70400, Washington, D.C. 20024. 


erowe on DSK5CLS3C1PROD with RULES
Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Rules and Regulations 47465 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: The 

Copyright Office makes a non– 

substantive correcting amendment to 

the final rule governing exemption to 

prohibition on circumvention of 

copyright protection systems for access 

control technologies which was 

published July 27, 2010. 

List of Subjects in 37 CFR 201 

Copyright, Exemptions to prohibition 

against circumvention. 

Correction 

For the reason set forth in the 

preamble, 37 CFR part 201 is corrected 

by making the following technical 

amendment: 

PART 201–GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702 

■ 2. Amend § 201.40 (b) introductory 

text by removing the word ‘‘five’’. 

Dated: July 28, 2010 

Marybeth Peters, 

Register of Copyrights. 

[FR Doc. 2010–19007 Filed 8–5–10; 8:45 am] 

BILLING CODE 1410–30–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2005–0190; FRL–8836–8] 

Pymetrozine; Regulation Denying 

NRDC’s Objections on Remand 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final Regulation. 

SUMMARY: In this regulation, EPA again 

denies objections by the Natural 

Resources Defense Council (NRDC) to 

an action establishing tolerance 

regulations for the pesticide 

pymetrozine under section 408 of the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). EPA’s previous denial of 

NRDC’s objections, published in the 

Federal Register on August 10, 2005, 

was remanded to EPA by the U.S. Court 

of Appeals, Ninth Circuit, for further 

explanation of EPA’s decision on the 

application of the FFDCA’s requirement 

concerning an additional tenfold safety 

factor for the protection of infants and 

children to these pesticide tolerances. In 

the challenged action, EPA had applied 

a reduced additional safety factor to 

several risk assessments for 

pymetrozine. EPA has reviewed its 

decision on the children’s safety factor 

in light of the current data on 

pymetrozine and now determined that 

the full additional children’s safety 

factor should be applied in assessing the 

risk of the pymetrozine tolerances. 

However, EPA still denies NRDC’s 

objections because the increase in the 

children’s safety factor does not change 

EPA’s conclusion that the tolerances are 

safe. EPA’s explanation for its decisions 

on the children’s safety factor and the 

safety of pymetrozine tolerances are 

included in this regulation. 

DATES: This regulation is effective 

August 6, 2010. Objections and requests 

for hearings must be received on or 

before October 5, 2010, and must be 

filed in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2004–0190. To access the 

electronic docket, go to http:// 

www.regulations.gov, and search for the 

docket number. Follow the instructions 

on the regulations.gov website to view 

the docket index or access available 

documents. All documents in the docket 

are listed in the docket index available 

in regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available in the electronic 

docket at http://www.regulations.gov, 

or, if only available in hard copy, at the 

OPP Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Meredith Laws, Registration Division 

(7510P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 304–7038; e-mail address: 

laws.meredith@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

In this document EPA denies 

objections by the NRDC to EPA’s 

establishment of certain pesticide 

tolerances. This action may also be of 

interest to agricultural producers, food 

manufacturers, or pesticide 

manufacturers. Potentially affected 

entities may include, but are not limited 

to those engaged in the following 

activities: 

• Crop production (NAICS) code 111), 

e.g., agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS code 

112), e.g., cattle ranchers and farmers, 

dairy cattle farmers, livestock farmers. 

• Food manufacturing (NAICS code 

311), e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

code 32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

This listing is not intended to be 

exhaustive, but rather to provide 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 Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s pilot 

e-CFR site at http://www.gpoaccess.gov/ 

ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, 21 

U.S.C. 346a, any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 


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