11768 Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices 

TABLE 1—STANDARD EX-VESSEL PRICES BY SPECIES FOR THE 2013 ROCKFISH PROGRAM SEASON IN KODIAK, 

ALASKA.—Continued 

Species Period ending Standard ex-vessel price 

per pound 

November 30 ..................................................................... 0.23 

Thornyhead rockfish ............................................................ May 31 ............................................................................... 0.49 

June 30 .............................................................................. 0.32 

July 31 ................................................................................ 0.15 

August 31 ........................................................................... 0.00 

September 30 .................................................................... 0.46 

October 31 ......................................................................... 0.59 

November 30 ..................................................................... 0.35 

*The pelagic shelf rockfish (PSR) species group has been changed to ‘‘dusky rockfish.’’ 

Authority: 16 U.S.C. 773 et seq.; 1801 et 

seq.; 3631 et seq.; Pub. L. 108–447. 

Dated: February 26, 2014. 

James P. Burgess, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–04636 Filed 2–28–14; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2013–0016] 

Petition Requesting Exception From 

Lead Content Limits: BIC USA Inc.; 

Reopening of the Comment Period 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Comment request. 

SUMMARY: The Consumer Product Safety 

Commission (Commission or CPSC) 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, for a children’s pen 

from BIC USA Inc. (BIC). On April 30, 

2013 (78 FR 25256), the CPSC published 

notice of the petition inviting written 

comments concerning the petition. On 

January 21, 2014, BIC submitted a letter 

to the Commission to provide additional 

information about the possible 

availability of a low lead stainless steel 

alternative to the nickel silver alloy 

point for which a lead limit exception 

would be required. A copy of the letter 

may be viewed on: http://

www.regulations.gov, under docket 

number CPSC–2013–0016, Supporting 

and Related Materials. To allow 

interested parties to comment on the 

additional information, the Commission 

is reopening the comment period for 30 

days. 

DATES: Submit comments by April 2, 

2014. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2013– 

0016, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

The Commission does not accept 

comments submitted by electronic mail 

(email), except through 

www.regulations.gov. The Commission 

encourages you to submit electronic 

comments by using the Federal 

eRulemaking Portal, as described above. 

Written Submissions: Submit written 

submissions in the following way: Mail/ 

hand delivery/courier to: Office of the 

Secretary, Consumer Product Safety 

Commission, Room 820, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to: 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

that you do not want to be available to 

the public. If furnished at all, such 

information should be submitted in 

writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to: http://

www.regulations.gov, and insert the 

docket number CPSC–2013–0016, into 

the ‘‘Search’’ box, and follow the 

prompts. 

FOR FURTHER INFORMATION CONTACT: 

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

Directorate for Health Sciences, 

Consumer Product Safety Commission, 

5 Research Pl, Rockville, MD 20850; 

email: khatlelid@cpsc.gov; telephone: 

301–987–2558. 

SUPPLEMENTARY INFORMATION: On March 

25, 2013, BIC submitted a petition 

requesting an exception from the lead 

content limit of 100 ppm under section 

101(b) of the CPSIA for a new line of 

writing instrument products intended 

for children age five and up (BIC 

Children’s Pen) to address the needs of 

young children who are in the early 

stages of learning to write. BIC 

specifically requested an exception for 

the accessible portion of the nickel 

silver point assembly (which includes 

the point and point support 

subassembly) that BIC proposed to use 

in the BIC Children’s Pen. The petition 

noted that the point and point support 

subassembly in the BIC Children’s Pen 

contained total lead of approximately 

8720 ppm. According to BIC, all of the 

other accessible components of the BIC 

Children’s Pen contained total lead 

below 100 ppm. BIC asserted that 

removing or making excess lead 

inaccessible in manufacturing the BIC 

Children’s Pen is neither practicable nor 

technologically feasible. 

In the Federal Register of April 30, 

2013 (78 FR 25256), the CPSC invited 

comments on the issues raised by the 

petition. The Commission received five 

comments in response to the notice. 

On January 21, 2014, BIC submitted a 

letter to the CPSC to inform the 

Commission about the possible 

availability of a low lead stainless steel 

alternative to the nickel silver alloy 

point currently used in BIC’s solvent 

based ink pens and for which a lead 

limit exception would be required. BIC 

states that a trial batch of the stainless 

steel points passed BIC’s technical 

qualification when tested with BIC’s 

solvent based inks. BIC further states 

that production of the low lead stainless 

steel points on a consistent basis in 

industrial quantities to meet the volume 

and timing demands of customers is not 

technically feasible. Accordingly, BIC 

suggests that BIC’s earlier request for an 

exception for the continued use of the 

nickel silver alloy point be limited to 

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Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices 11769 

five years to allow BIC additional time 

to develop a compliant Children’s Pen. 

Through this notice, we are reopening 

the comment period to give all 

interested parties an opportunity to 

comment on the additional information 

provided by BIC. A copy of the letter 

may be viewed on http://

www.regulations.gov, under docket 

number CPSC–2013–0016, Supporting 

and Related Materials. 

Dated: February 26, 2014. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2014–04581 Filed 2–28–14; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Public Health Authority Notification 

AGENCY: Consumer Product Safety 

Commission (CPSC). 

ACTION: Notice . 

SUMMARY: CPSC is publishing this notice 

to inform hospitals and other health 

care organizations of CPSC’s status as a 

‘‘public health authority’’ under the 

medical privacy requirements of the 

Health Insurance Portability and 

Accountability Act of 1996 (HIPAA). 

FOR FURTHER INFORMATION CONTACT: 

Melissa Buford, CPSC Office of the 

General Counsel, 4330 East West 

Highway, Suite 704, Bethesda MD 

20814. 301–504–7636. 

SUPPLEMENTARY INFORMATION: Congress 

enacted HIPAA to improve portability 

and continuity of health insurance, 

among other purposes. (Pub. L. 104– 

191, 110 Stat. 1936 (1996)). The U.S. 

Department of Health and Human 

Services (HHS) promulgated regulations 

pursuant to HIPAA to address the 

security and privacy of health data. 

Known as the Privacy Rule, Standards 

for Privacy of Individually Identifiable 

Health Information, 45 CFR parts 160 

and 164, the regulations established 

procedures to protect the privacy of 

individually identifiable health 

information and to address the use and 

disclosure of such information. 

The Privacy Rule provides that 

covered entities, including health care 

providers, health plans, and health care 

clearinghouses, may not use or disclose 

protected health information, except in 

certain expressly permitted 

circumstances. Covered entities, 

however, may disclose protected health 

information to a ‘‘public health 

authority.’’ As HHS recognized in 

guidance issued on December 3, 2002, 

and revised on April 3, 2003, disclosure 

in certain circumstances is necessary to 

support the work of public health 

authorities: 

The HIPAA Privacy Rule recognizes the 

legitimate need for public health authorities 

and others responsible for ensuring public 

health and safety to have access to protected 

health information to carry out their public 

health mission. The Rule also recognizes that 

public health reports made by covered 

entities are an important means of identifying 

threats to the health and safety of the public 

at large, as well as individuals. Accordingly, 

the Rule permits covered entities to disclose 

protected health information without 

authorization for specified public health 

purposes. 

The regulations define a ‘‘public 

health authority’’ broadly to include: 

an agency or authority of the United States, 

a State, a territory, a political subdivision of 

a State or territory, or an Indian tribe, or a 

person or entity acting under a grant of 

authority from or contract with such public 

agency, including the employees or agents of 

such public agency or its contractors or 

persons or entities to whom it has grant 

authority, that is responsible for public 

health matters as part of its official mandate. 

45 CFR 164.501. Moreover, the 

preamble to the final Privacy Rule 

underscored the expansive meaning of 

‘‘public health authority.’’ Noting the 

clear congressional mandate not to 

interfere with current public health 

practices, the preamble stated: ‘‘the 

broad definition of ‘public health 

authority’ is appropriate to achieve that 

end.’’ 65 FR 82462 (December 28, 2000). 

Thus, the Privacy Rule provides that 

protected health information may be 

disclosed to a public health authority 

that is authorized by law to collect 

certain health-related information. 

Specifically, the Privacy Rule allows for 

the disclosure of protected health 

information to a public health authority 

that is: 

authorized by law to collect or receive such 

information for the purpose of preventing or 

controlling disease, injury, or disability, 

including, but not limited to, the reporting of 

disease, injury, vital events such as birth or 

death and the conduct of public health 

surveillance, public health investigations, 

and public health interventions; or, at the 

direction of a public health authority, to an 

official of a foreign government agency that 

is acting in collaboration with a public health 

authority. 

45 CFR 164.512(b)(1)(i). 

CPSC is a public health authority 

authorized by law to collect certain 

health-related information in pursuit of 

its official mandate. CPSC’s mission is 

to protect the public against 

unreasonable risks of injury associated 

with consumer products and to promote 

research and investigation into the 

causes and prevention of productrelated deaths, illnesses, and injuries. 15 

U.S.C. 2051(b). As such, CPSC’s mission 

falls well within the broad parameters of 

a public health authority responsible for 

public health matters as defined in the 

Privacy Rule. 

Additionally, in furtherance of its 

mandate, CPSC is authorized by law to, 

among other things, collect information 

for the purpose of preventing injury or 

death, report injury or death, and 

conduct public health investigations. 

For example, pursuant to statutory 

direction, CPSC must ‘‘maintain an 

Injury Information Clearinghouse to 

collect, investigate, analyze, and 

disseminate injury data, and 

information, relating to the causes and 

prevention of death, injury, and illness 

associated with consumer products’’ 

and to ‘‘conduct such continuing 

studies and investigations of deaths, 

injuries, diseases, other health 

impairments, and economic losses 

resulting from accidents involving 

consumer products as it deems 

necessary.’’ 15 U.S.C. 2054(a)(1) and (2). 

In addition, CPSC is authorized to 

‘‘conduct research, studies, and 

investigations on the safety of consumer 

products and on improving the safety of 

such products.’’ 15 U.S.C. 2054(b). 

Additionally, each fiscal year CPSC is 

required to submit a comprehensive 

report to the President and Congress 

documenting ‘‘thorough appraisal, 

including statistical analyses, estimates, 

and long-term projections, of the 

incidence of injury and effects to the 

population resulting from consumer 

products, with a breakdown, insofar as 

practicable, among the various sources 

of such injury’’ and ‘‘statistics with 

respect to injuries and deaths associated 

with products that the Commission 

determines present a substantial 

product hazard under section 15(c).’’ 15 

U.S.C. 2076(j)(1) and (6)(B). 

As an agency responsible for public 

health matters pursuant to its official 

mandate, and with statutory 

authorization to collect and report 

information to prevent injury and death, 

CPSC falls squarely within the 

definition of a ‘‘public health 

authority.’’ Accordingly, CPSC is 

providing notice that it is a public 

health authority within the meaning of 

the Privacy Rule, entitled to receive 

protected health information from 

hospitals and other health care 

organizations, without written 

authorization or consent. The disclosure 

of protected health information to a 

public health authority is a permitted 

disclosure under the Privacy Rule. 45 

CFR 164.502(a)(1)(vi). 

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