Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices 20613 

1 76 FR 44776, July 27, 2011. 

2Commission regulations referred to herein are 

found at 17 CFR Ch. 1 (2010). Commission 

regulations are accessible on the Commission’s Web 

site, www.cftc.gov. 

I. Approval of Agenda 

II. Approval of the March 9, 2012 

Meeting Minutes 

III. Comments from the USCCR 

Inspector General 

IV. Management and Operations 

• Discussion on Agency Staffing 

• Staff Director’s Report 

V. Program Planning Update and 

discussion of projects 

• VRA Statutory Enforcement Report 

Update 

VI. Adjourn Meeting 

CONTACT PERSON FOR FURTHER

INFORMATION: Lenore Ostrowsky, Acting 

Chief, Public Affairs Unit (202) 376– 

8591. 

Hearing-impaired persons who will 

attend the meeting and require the 

services of a sign language interpreter 

should contact Pamela Dunston at (202) 

376–8105 or at signlanguage@usccr.gov 

at least seven business days before the 

scheduled date of the meeting. 

Dated: April 3, 2012. 

Kimberly Tolhurst, 

Senior Attorney-Advisor. 

[FR Doc. 2012–8356 Filed 4–3–12; 4:15 pm] 

BILLING CODE 6335–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XB129 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of cancellation of a 

public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) has 

cancelled the public meeting of its 

Scientific and Statistical Committee 

(SSC) that was scheduled for Monday, 

April 16, 2012 beginning at 8 a.m. in 

Providence, RI. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The initial 

notice was published on March 30, 

2012, (77 FR 19231), and the meeting 

will be rescheduled at a later date and 

announced in the Federal Register. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 2, 2012. 

William D. Chappell, 

Acting Director, Office of Sustainable 

Fisheries National Marine Fisheries Service. 

[FR Doc. 2012–8224 Filed 4–4–12; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities; Proposed Collection, 

Comment Request 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) seeks public comment 

on the collection of certain information 

by the Commission under section 745 of 

the Wall Street Reform and Consumer 

Protection Act (‘‘Dodd-Frank Act’’). The 

Paperwork Reduction Act (‘‘PRA’’) 

requires federal agencies to publish a 

notice in the Federal Register 

concerning each proposed collection of 

information and to allow 60 days for 

public comment. Section 745 requires 

the Commission to seek public comment 

for not less than 30 days with respect to 

certain industry filings. This notice 

solicits comments on the provisions of 

the Commission’s final rulemaking on 

‘‘Provisions Common to Registered 

Entities’’ under which the Commission 

would collect comments on the industry 

filings by publication of documents 

related to the filings and a request for 

comments on the Commission’s public 

Web site.1

DATES: Comments must be submitted on 

or before May 7, 2012. 

ADDRESSES: You may submit comments, 

identified by ‘‘Part 40 Notice and 

Comment Collection,’’ by any of the 

following methods: 

• Agency Web site, via its Comments 

Online process: http:// 

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

• Mail: Send to David A. Stawick, 

Secretary, Commodity Futures Trading 

Commission, 1155 21st Street NW., 

Washington, DC 20581. 

• Hand delivery/Courier: Same as 

Mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/search/index.jsp. 

Follow the instructions for submitting 

comments. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to http:// 

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the 

Commission to consider information 

that is exempt from disclosure under the 

Freedom of Information Act, a petition 

for confidential treatment of the exempt 

information may be submitted according 

to the procedures set forth in § 145.9 of 

the Commission’s regulations.2

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse or 

remove any or all of your submission 

from www.cftc.gov that it may deem to 

be inappropriate for publication, such as 

obscene language. All submissions that 

have been redacted or removed that 

contain comments on the merits of the 

rulemaking will be retained in the 

public comment file and will be 

considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

For Further Information or a Copy 

Contact: Bella Rozenberg, Assistant 

Deputy Director, Division of Market 

Oversight, Commodity Futures Trading 

Commission, (202) 418–5119, 

brozenberg@cftc.gov or Mathew T. 

Hargrow, Attorney, Office of the General 

Counsel, (202) 418–5267, 

mhargrow@cftc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, federal agencies must obtain 

approval from the Office of Management 

and Budget (‘‘OMB’’) for each collection 

of information they collect or sponsor. 

‘‘Collection of information’’ is defined 

in 44 U.S.C. 3502(3) as ‘‘the obtaining, 

causing to be obtained, soliciting * * * 

facts or opinions by or for any agency, 

regardless of form or format [from] ten 

or more persons.’’ An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a valid 

OMB control number. 

Section 3506(c)(2)(A) of the PRA, 44 

U.S.C. 3506(c)(2)(A), requires federal 

agencies to provide a 60-day notice in 

the Federal Register for each proposed 

collection of information before 

submitting the collection to OMB for 

approval. Under OMB regulations, 

which implement provisions of the 

PRA, certain ‘‘facts or opinions that are 

submitted in response to a general 

solicitation of comments from the 

public, published in the Federal 

Register or other publications,’’ 5 CFR 


Tkelley on DSK3SPTVN1PROD with NOTICES
20614 Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices 

3 75 FR 67282, Nov. 2, 2010. 

4Public Law 111–203, 124 Stat. 1376 (2010). 

5 7 U.S.C. 7a. 

6 75 FR 67282, 67296 (Nov. 2, 2010). 

7 Id. 

8 Id. at 67290. 

9 Id. 

1320.3(h)(4), or ‘‘facts or opinions 

obtained or solicited at or in connection 

with public hearings or meetings,’’ 5 

CFR 1320.3(h)(8), are excluded from the 

OMB approval process. 

The Federal Register notice with a 60- 

day comment period soliciting 

comments on this collection of 

information was published on February 

15, 2012 (77 FR 8817). In the 

Commission’s final rulemaking on 

provisions common to registered 

entities,3 the Commission seeks to 

implement section 745 of the DoddFrank Act,4 which amends Section 5c 

the Commodity Exchange Act (CEA) 5 to 

enhance compliance by registered 

entities. This section permits a 

registered entity to elect to list for 

trading or accept for clearing any new 

contract or other instrument, or elect to 

approve and implement any new rule or 

rule amendment by providing to the 

Commission a written certification that 

the new contract, instrument, rule, or 

rule amendment complies with the 

CEA. Such rules or rule amendments 

become effective after ten (10) business 

days, unless the Commission notifies 

the registered entity that it is staying the 

certification because there exist novel or 

complex issues that require additional 

time to analyze, an inadequate 

explanation by the submitting registered 

entity, or a potential inconsistency with 

the CEA. Pursuant to section 745 and 

the final amendments to part 40 of the 

Commission’s regulations,6 the 

Commission will provide a not less than 

30-day comment period when it 

determines that the rule or rule 

amendment will be stayed. Pursuant to 

the final rules, the Commission will 

provide notice of the stay and the 

request for comment on its Web site, as 

well as specify the manner in which the 

public may submit comments.7

The Commission initially estimated 

that approximately 45 entities would be 

affected by the rule certification 

procedures.8 The initial estimate 

determined that these 45 entities would 

each have approximately 120 responses 

per year for a total of 5,400 responses.9

The Commission has amended these 

numbers in the final rule such that the 

estimated number of respondents is 

increased to 70 entities, the average 

annual responses by each respondent is 

decreased to 100. These numbers are 

based upon comments received 

regarding the proposed rules as well as 

changes made by the Commission to 

streamline the product certification 

process for certain swap contracts. The 

Commission anticipates that the 

mandatory responses to the new 

collection will take approximate 2 hours 

per response. 

The Commission cannot determine 

with precision how many of the 7,000 

responses it expects to receive will be 

stayed and subject to the notice and 

comment requirements of section 745 

and the part 40 regulations. The 

Commission anticipates that only a 

small fraction of these responses would 

be stayed and subject to a request for 

comment via Web site notice, and that 

each of the stayed rules or rule 

amendments typically will receive not 

more than 20 comments, a conservative 

number based on Commission history 

with industry filings. 

Issued by the Commission this 30th day of 

March 2012. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. 2012–8131 Filed 4–4–12; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2011–0087] 

Petition Requesting Exception from 

Lead Content Limits; Notice Granting 

Exception 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission’’ or ‘‘CPSC’’ 

or ‘‘we’’) has received a petition 

requesting an exception from the 100 

ppm lead content limit under section 

101(b) of the Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’), as 

amended by Public Law 112–28. We are 

granting an exception to the 100 ppm 

lead content limit for certain aluminum 

alloy components of children’s die-cast, 

ride-on pedal tractors, and similar 

component parts made of aluminum 

alloy on similar ride-on children’s 

products for children ages 3 years and 

older. Such products may include other 

children’s ride-on tractors, children’s 

ride-on cars, and other ride-on toys. 

These aluminum alloy components 

must meet a lead content limit of 300 

ppm. 

DATES: The effective date is April 5, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Kristina Hatlelid, Ph.D., M.P.H., 

Directorate for Health Sciences, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814; email: khatlelid@cpsc.gov. 

SUPPLEMENTARY INFORMATION: Under 

section 101(a) of the CPSIA, consumer 

products designed or intended primarily 

for children 12 years old and younger 

that contain lead content in excess of 

100 ppm are considered to be banned 

hazardous substances under the Federal 

Hazardous Substances Act (‘‘FHSA’’). 

Section 101(b)(1) of the CPSIA 

provides for a functional purpose 

exception from the lead content limits, 

under certain circumstances. The 

exception allows CPSC, on its own 

initiative, or upon petition by an 

interested party, to exclude a specific 

product, class of product, material, or 

component part from the lead limits 

established for children’s products 

under the CPSIA if, after notice and a 

hearing, we determine that: (i) The 

product, class of product, material, or 

component part requires the inclusion 

of lead because it is not practicable or 

not technologically feasible to 

manufacture such product, class of 

product, material, or component part, as 

the case may be, in accordance with 

section 101(a) of the CPSIA, by 

removing the excessive lead or by 

making the lead inaccessible; (ii) the 

product, class of product, material, or 

component part is not likely to be 

placed in the mouth or ingested, taking 

into account normal and reasonably 

foreseeable use and abuse of such 

product, class of product, material, or 

component part by a child; and (iii) an 

exception for the product, class of 

product, material, or component part 

will have no measurable adverse effect 

on public health or safety, taking into 

account normal and reasonably 

foreseeable use and abuse. Under 

section 101(b)(1)(B) of the CPSIA, there 

is no measurable adverse effect on 

public health or safety if the exception 

will result in no measurable increase in 

blood lead levels of a child. 

On September 29, 2011, Joseph L. 

Ertl, Inc., Scale Models and Dyersville 

Die Cast (‘‘petitioner’’), submitted a 

petition requesting an exception from 

the lead content limit of 100 ppm under 

section 101(b) of the CPSIA for its diecast, ride-on pedal tractors, scaled for 

children ages 3–10 years. Given the 

highly technical nature of the 

information sought, including data on 

the lead content of the product and test 

methods used to obtain those data, we 

believe that notice and solicitation for 

written comments is the most efficient 

process for obtaining the necessary 

information, and provides adequate 


Tkelley on DSK3SPTVN1PROD with NOTICES