58070 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Proposed Rules 

(iii) For any article that would require 

the cautionary statement specified in 16 

CFR 1500.20(d)(3)(i) or (ii): 

(iv) For any article that would require 

the cautionary statement specified in 16 

CFR 1500.20(d)(4)(i) or (ii): 

(f) Prominence and conspicuousness 

of labeling statements. The requirements 

of 16 CFR 1500.121 relating to the 

prominence and conspicuousness of 

precautionary labeling statements for 

hazardous substances shall apply to any 

labeling statement required under 16 

CFR 1500.20(d) and (e), with the 

following clarifications and 

modifications. 

(1) Catalogues and other printed 

materials. 

(i) All labeling statements shall be 

printed in type that is not smaller than 

0.08 inches. 

(ii) All labeling statements shall be 

printed in type that is not smaller than 

the largest of any other statements or 

text, other than the product or article 

name, in the individual and adjacent 

product advertisements. 

(2) Internet Web sites. 

(i) All labeling statements shall be 

printed in type that is not smaller than 

the largest of any other statements or 

text, other than the product or article 

name, in the advertisement. 

(ii) All labeling statements shall be 

located immediately before any other 

statements or text in the advertisement 

that describes the function, use, or 

characteristics of the article being 

advertised (for example, the product 

description). 

(3) Safety Alert Symbol. Any safety 

alert symbol required by this section 

shall be an equilateral triangle. The 

height of the safety alert symbol shall be 

equal to or exceed the height of the 

letters of the signal word ‘‘WARNING’’. 

The height of the exclamation point 

inside the triangle shall be at least half 

the height of the triangle, and the 

exclamation point shall be centered 

vertically in the triangle. The safety alert 

symbol shall be separated from the 

signal word by a distance no larger than 

the space occupied by the first letter of 

the signal word. In all other respects, 

the safety alert symbol shall conform 

generally to the provisions of 16 CFR 

1500.121 relating to signal words. 

Note: The following appendix will not 

appear in the Code of Federal 

Regulations: 

List of Relevant Documents 

1. Memorandum from Robert 

Franklin, Directorate for Economic 

Analysis, to Barbara E. Parisi, Attorney, 

Office of General Counsel, ‘‘Economic 

Issues Associated with Section 105 of 

the Consumer Product Safety 

Improvements Act of 2008 (Concerning 

the inclusion of Cautionary Labeling for 

Toys and Games in Catalogs and Other 

Printed Materials),’’ September 16, 

2008. 

2. Memorandum from Timothy P. 

Smith, Engineering Psychologist, 

Division of Human Factors, Directorate 

for Engineering Sciences, to Barbara 

Parisi, Regulatory Affairs Attorney, 

Office of the General Counsel, ‘‘Size and 

Placement of Cautionary Statements 

Specified in Section 105, Labeling 

Requirement for Advertising Toys and 

Games, of the Consumer Product Safety 

Improvement Act of 2008,’’ September 

15, 2008. 

Dated: September 30, 2008. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E8–23543 Filed 10–3–08; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2008–0995] 

RIN 1625–AA09 

Drawbridge Operation Regulations; 

Intracoastal Waterway (ICW) Beach 

Thorofare, Atlantic City, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the drawbridge operation 

regulations of the Route 30 Bridge, at 


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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Proposed Rules 58071 

ICW mile 67.2, across Beach Thorofare 

at Atlantic City, NJ. This proposal 

would allow for the drawbridge to open 

on signal every hour during high transit 

periods in the summer months and to 

operate on an advance notice basis at all 

other times. The proposed changes 

would result in more efficient use of the 

bridge. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

December 5, 2008. 

ADDRESSES: You may submit comments 

identified by Coast Guard docket 

number USCG–2008–0995 to the Docket 

Management Facility at the U.S. 

Department of Transportation. To avoid 

duplication, please use only one of the 

following methods: 

(1) Online: http:// 

www.regulations.gov. 

(2) 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. 

(3) Hand Delivery: Room W12–140 on 

the Ground Floor of the West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The telephone 

number is 202–366–9329. 

(4) Fax: 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call Terrance Knowles, 

Environmental Protection Specialist, 

Fifth Coast Guard District, at (757) 398– 

6587. If you have questions on viewing 

or submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking 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. We have an agreement with 

the Department of Transportation (DOT) 

to use the Docket Management Facility. 

Please see DOT’s ‘‘Privacy Act’’ 

paragraph below. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2008–0995), 

indicate the specific section of this 

document to which each comment 

applies, and give the reason for each 

comment. We recommend that you 

include your name and a mailing 

address, an e-mail address, or a phone 

number in the body of your document 

so that we can contact you if we have 

questions regarding your submission. 

You may submit your comments and 

material by electronic means, mail, fax, 

or delivery to the Docket Management 

Facility at the address under ADDRESSES; 

but please submit your comments and 

material by only one means. If you 

submit them by mail or delivery, submit 

them in an unbound format, no larger 

than 81⁄2 by 11 inches, suitable for 

copying and electronic filing. If you 

submit them 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. We may 

change this proposed rule in view of 

them. 

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 at any time. 

Enter the docket number for this 

rulemaking (USCG–2008–0995) in the 

Search box, and click ‘‘Go>>.’’ You may 

also visit either the Docket Management 

Facility in Room W12–140 on the 

ground floor of the DOT West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays or at 

Commander (dpb), Fifth Coast Guard 

District, Federal Building, 1st Floor, 431 

Crawford Street, Portsmouth, VA 

233704–5004 between 8 a.m. and 4 

p.m., Monday through Friday, except 

Federal holidays. 

Privacy Act 

Anyone can search the electronic 

form of all 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 the 

Department of Transportation’s Privacy 

Act Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477), or you may visit http:// 

DocketsInfo.dot.gov. 

Public Meeting 

We do not now plan to hold a public 

meeting. However, you may submit a 

request for one to the Docket 

Management Facility at the address 

under ADDRESSES explaining why one 

would be beneficial. If we determine 

that one would aid this rulemaking, we 

will hold one at a time and place to be 

specified in a notice published in the 

Federal Register. 

Background and Purpose 

The New Jersey Department of 

Transportation (NJDOT) is responsible 

for the operation of the Route 30 Bridge, 

at ICW mile 67.2, across Beach 

Thorofare at Atlantic City, NJ. 

In the closed-to-navigation position, 

the Route 30 Bridge has a vertical 

clearance of 20 feet, above mean high 

water. The existing operating regulation 

is set out in 33 CFR 117.733(e) which 

requires the draw to open on signal 

except that, year-round from 11 p.m. to 

7 a.m. and, from November 1 through 

March 31 from 3 p.m. to 11 p.m., the 

draw need only open if at least four 

hours notice is given. 

The NJDOT requested changes to the 

existing regulations for the Route 30 

Bridge in an effort to provide more 

scheduled openings to accommodate the 

ever-increasing casino workforce and 

tourists and by limiting the number of 

openings to minimize vehicular traffic 

delays and accidents that may result 

from backups due to more frequent 

vessel openings, by requiring the hourly 

openings of draw span during the spring 

and summer months and to operate on 

an advance notice basis in the fall and 

winter months. 

A review of the bridge logs for the 

past three years supplied by NJDOT 

revealed the morning rush (7 a.m. to 9 

a.m.) is averaging a total of 11 openings/ 

year from June through September and 

the evening rush (4 p.m. to 6 p.m.) is 

averaging a total of 15 openings/year 

from June through September. The 

average daily traffic count from 7 a.m. 

and 8 p.m. for the same period revealed 

between 700 and 3800 vehicles. This 

excess traffic causes increased bottlenecks and safety hazards. Anticipated 

bridge openings on the hour will help 

to decrease delays to the local workforce 

and tourists. 

For the past three years, during the 

fall and winter months, the draw span 

averaged 23 vessel openings per year 

from November 1 through March 31 

between 7 a.m. and 3 p.m. 

Based on the above information, 

NJDOT has proposed to change the 

regulations to improve efficiency. 

Discussion of Proposed Rule 

The Coast Guard proposes to amend 

33 CFR 117.733(e) by requiring hourly 

vessel openings of the draw span from 

7 a.m. to 11 p.m. from April 1 through 

October 31. At all other times, the draw 

will continue to open on signal if four 

hours notice is given. This change will 

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58072 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Proposed Rules 

result in a more efficient use of the 

bridge. 

Regulatory Analysis 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This proposed rule is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Order. The Office 

of Management and Budget has not 

reviewed it under that Order. 

We expect the economic impact of 

this proposed rule to be so minimal that 

a full Regulatory Evaluation is 

unnecessary. We reached this 

conclusion based on the fact that the 

proposed changes have only a minimal 

impact on maritime traffic transiting the 

bridge. Mariners can plan their trips in 

accordance with the scheduled bridge 

openings to minimize delays. 

Additionally, vessels that can safely 

transit under the bridge while the draw 

span is in a closed position may do so 

at any time. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed rule could affect the 

following entities, some of which might 

be small entities: The owners or 

operators of vessels needing to transit 

through the bridge. 

This action will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. Vessels that can 

safely transit under the bridge while the 

draw span is in a closed position may 

do so at any time. All other mariners 

can plan their trips in accordance with 

the scheduled bridge openings to 

minimize delays. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

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 Waverly W. 

Gregory, Jr., Bridge Administrator, Fifth 

Coast Guard District, (757) 398–6222. 

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. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism. 

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 or more in any one year. 

Though this proposed rule will not 

result in such an expenditure, we do 

discuss the effects of this rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

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

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it would not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed 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 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Proposed Rules 58073 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Commandant Instruction 

M16475.lD and the Department of 

Homeland Security Management 

Directive 5100.1, which guides the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321–4370f), 

and have made a preliminary 

determination that this action is not 

likely to have a significant effect on the 

human environment because it simply 

promulgates the operating regulations or 

procedures for drawbridges. We seek 

any comments or information that may 

lead to the discovery of a significant 

environmental impact from this 

proposed rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 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. Revise § 117.733(e) to read as 

follows: 

§ 117.733 New Jersey Intracoastal 

Waterway. 

* * * * * 

(e) The draw of the Route 30 Bridge 

across Beach Thorofare, mile 67.2 at 

Atlantic City, shall open on signal 

except that from April 1 through 

October 31 from 7 a.m. to 11 p.m., the 

draw need only open on the hour; At all 

other times, the draw need only open if 

at least four hours notice is given. 

* * * * * 

Dated: September 25, 2008. 

N.O. Buschman, 

Captain, Acting Commander, Fifth Coast 

Guard District. 

[FR Doc. E8–23604 Filed 10–3–08; 8:45 am] 

BILLING CODE 4910–15–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: Notice of inquiry. 

SUMMARY: The Copyright Office of the 

Library of Congress is preparing to 

conduct proceedings in accordance with 

provisions added by the Digital 

Millennium Copyright Act which 

provide that the Librarian of Congress 

may exempt certain classes of works 

from the prohibition against 

circumvention of technological 

measures that control access to 

copyrighted works. The purpose of this 

rulemaking proceeding is to determine 

whether there are particular classes of 

works as to which users are, or are 

likely to be, adversely affected in their 

ability to make noninfringing uses due 

to the prohibition on circumvention. 

This notice requests written comments 

from all interested parties, including 

representatives of copyright owners, 

educational institutions, libraries and 

archives, scholars, researchers and 

members of the public, in order to elicit 

evidence on whether noninfringing uses 

of certain classes of works are, or are 

likely to be, adversely affected by this 

prohibition on the circumvention of 

measures that control access to 

copyrighted works. 

DATES: Written comments must be 

received no later than December 2, 

2008. A notice of proposed rulemaking 

will be published in December 2008 that 

will identify proposed classes of works 

and solicit comments on those proposed 

classes, which will be due no later than 

February 2, 2009. 

ADDRESSES: Electronic submissions 

should be made through the Copyright 

Office website: http:// 

www.copyright.gov/1201/comment– 

forms; see section 3 of the 

SUPPLEMENTARY INFORMATION 

section for file formats and other 

information about electronic and non– 

electronic filing requirements. If a non– 

electronic submission is hand delivered 

by a private party, an original and ten 

copies of any comment must be 

delivered to Room LM–401 of the James 

Madison Memorial Building between 

8:30 a.m. and 5 p.m. and the envelope 

should be addressed as follows: Office 

of the General Counsel, U.S. Copyright 

Office, James Madison Memorial 

Building, Room LM–401, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. If hand 

delivered by a commercial courier, an 

original and ten copies of any comment 

must be delivered to the Congressional 

Courier Acceptance Site located at 

Second and D Streets, NE., Washington, 

DC, between 8:30 a.m. and 4 p.m. The 

envelope should be addressed as 

follows: Copyright Office General 

Counsel, Room LM–403, James Madison 

Memorial Building, 101 Independence 

Avenue, SE., Washington DC. If 

delivered by means of the United States 

Postal Service (see section 3 of the 

SUPPLEMENTARY INFORMATION 

about continuing delays), comments 

should be addressed to Copyright GC/ 

I&R, PO Box 70400, Washington, DC 

20024–0400. See SUPPLEMENTARY 

INFORMATION section for information 

about requirements and formats of 

submissions. Comments may not be 

delivered by means of overnight 

delivery services such as Federal 

Express, United Parcel Service, etc., due 

to delays in processing receipt of such 

deliveries. 

FOR FURTHER INFORMATION CONTACT: 

Robert Kasunic, Principal Legal 

Advisor, Office of the General Counsel, 

Copyright GC/I&R, PO Box 70400, 

Washington, DC 20024–0400. 

Telephone: (202) 707–8380; telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: 

1. Mandate for Rulemaking Proceeding 

The Digital Millennium Copyright 

Act, Pub. L. 105–304 (1998), amended 

title 17 of the United States Code to add 

Chapter 12, which among other things 

prohibits circumvention of access 

control technologies employed by or on 

behalf of copyright owners to protect 

their works. 

Specifically, subsection 1201(a)(1)(A) 

provides, inter alia, that ‘‘No person 

shall circumvent a technological 

measure that effectively controls access 

to a work protected under this title.’’ 

Subparagraph (B) limits this 

prohibition. It provides that prohibition 

against circumvention ‘‘shall not apply 

to persons who are users of a 

copyrighted work which is in a 

particular class of works, if such 

persons are, or are likely to be in the 

succeeding 3–year period, adversely 

affected by virtue of such prohibition in 

their ability to make noninfringing uses 

of that particular class of works under 

this title’’ as determined in this 

rulemaking. 

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