22518 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Notices 

SUMMARY: Notice is hereby given that 

the S.O. Conte Anadromous Fish 

Research Center, U.S. Geological 

Survey; Box 796, 1 Migratory Way, 

Turners Falls, MA 01376 [Barnaby 

Watten: Responsible Party], has been 

issued a permit [File No. 16549] to take 

shortnose sturgeon (Acipenser 

brevirostrum) for purposes of scientific 

research. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following offices: 

• Permits, Conservation and 

Education Division, Office of Protected 

Resources, NMFS, 1315 East-West 

Highway, Room 13705, Silver Spring, 

MD 20910; phone (301) 427–8401; fax 

(301) 713–0376; and 

• Northeast Region, NMFS, 55 Great 

Republic Drive, Gloucester, MA 01930; 

phone (978) 281–9328; fax (978) 281– 

9394. 

FOR FURTHER INFORMATION CONTACT: 

Malcolm Mohead or Colette Cairns, 

(301) 427–8401. 

SUPPLEMENTARY INFORMATION: On April 

11, 2012, notice was published in the 

Federal Register (77 FR 21750) that a 

request for a scientific research permit 

to take shortnose sturgeon had been 

submitted by the above-named 

applicant. The requested permit has 

been issued under the authority of the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.) 

and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226). 

The Permit Holder is issued a fiveyear permit to study shortnose sturgeon 

in the wild and in captivity, 

determining up and downstream 

migrations, habitat use, spawning 

periodicity, seasonal movements of 

shortnose sturgeon in the Connecticut 

River from Agawam, MA to Montague, 

MA. He will also perform captive 

animal research in laboratory tests of 

up- and downstream fish passage 

studies, swimming performance tests, 

tagging studies, anesthesiology, 

behavior, physiology and contaminant 

studies, as well as producing progeny 

for further research. Additionally, the 

Permit Holder will collect fertilized 

embryo from each of the following 

rivers: Merrimack River (MA), and the 

Kennebec and Androscoggin Rivers 

(ME). 

Issuance of this permit, as required by 

the ESA, was based on a finding that 

such permit (1) was applied for in good 

faith, (2) will not operate to the 

disadvantage of such endangered or 

threatened species, and (3) is consistent 

with the purposes and policies set forth 

in section 2 of the ESA. 

Dated: April 11, 2013. 

P. Michael Payne, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2013–08870 Filed 4–15–13; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2011–0081] 

Request for Information Regarding 

Third Party Testing for Lead Content, 

Phthalate Content, and the Solubility of 

the Eight Elements Listed in ASTM 

F963–11 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC, or Commission) is 

issuing a notice seeking information on 

whether there are materials that can be 

determined not to include a prohibited 

element (lead or certain other elements) 

or chemical (six prohibited phthalates), 

such that third party testing is not 

required. The Commission also seeks 

information on materials that do not, 

and will not, contain the prohibited 

elements or chemicals in concentrations 

above their applicable maximum limit. 

DATES: Written comments must be 

submitted by June 17, 2013. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

0037 by any of the following methods: 

Electronic Submissions: Submit 

electronic comments in the following 

way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (email) except through 

http://www.regulations.gov. 

Written Submissions: Submit written 

submissions in the following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions) 

preferably in five copies, to: Office of the 

Secretary, U.S. 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 to http:// 

www.regulations.gov, including any 

personal information provided. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

(such as a Social Security Number) 

electronically; 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. 

FOR FURTHER INFORMATION CONTACT: 

Randy Butturini, Project Manager, 

Office of Hazard Identification and 

Reduction, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814; 301– 

504–7562; email: RButturini@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Consumer Product Safety Act 

(CPSA) generally requires that 

children’s products be tested by a third 

party CPSC-accepted laboratory for 

compliance with the applicable 

children’s product safety rules. The 

Commission notes, regardless of any 

third party testing obligation, 

compliance with the children’s products 

requirements discussed in this Request 

for Information (RFI) is always required. 

This RFI seeks information on 

whether there are materials, used in the 

manufacture of consumer products, that 

can be determined not to include a 

prohibited element (lead or certain other 

elements) or chemical (the six 

prohibited phthalates that are listed in 

section 108 of the Consumer Product 

Safety Improvement Act of 2008 

(CPSIA)), such that third party testing is 

not required. This RFI also seeks 

information on materials that do not, 

and will not, contain the prohibited 

elements or chemicals in concentrations 

above the legally allowable limit. 

Information provided by the public 

concerning the characteristics of such 

materials will be used to develop 

recommended courses of action for the 

Commission. 

This RFI consists of four parts, 

seeking data and information 

concerning the following children’s 

products and materials used to 

manufacture those products: 

• Toys subject to ASTM F963–11, 

Standard Consumer Safety 

Specification for Toy Safety, and the 

presence, if any, or at what levels, of the 

eight elements designated in section 

4.3.5 of the standard. The solubility of 

each element is limited to no more than 

the levels listed in Tables 1 and 2 of the 

standard. Additionally, for accessible 

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Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Notices 22519 

component parts of toys primarily 

intended for children 12 years old and 

younger, the lead content must be no 

greater than 100 parts per million 

(ppm), and the lead content of paints or 

surface coatings must be no greater than 

90 ppm, in accordance with section 101 

of the CPSIA; 

• Toys and certain child care articles, 

and the presence, if any, or at what 

levels, of the six prohibited phthalates 

listed in section 108 of the CPSIA. 

These products are subject to a 

maximum concentration of 1000 ppm 

(or 0.1 percent) for each of the six 

prohibited phthalates; 

• Manufactured woods and the 

presence, if any, or at what levels, of 

lead. Accessible manufactured wood in 

children’s products is subject to the 

maximum allowable lead content 

requirement of 100 ppm; 

• Synthetic food dyes and the 

presence, if any, or at what levels, of 

lead. Accessible synthetic food dyes in 

children’s products are subject to the 

maximum allowable lead content 

requirement of 100 ppm. 

II. Background 

A. Requirements 

The CPSIA made the ASTM 

International toy safety standard, ASTM 

F963–11, a mandatory children’s 

product safety standard. ASTM F963–11 

includes restrictions on the maximum 

solubility of eight elements (antimony, 

arsenic, barium, cadmium, chromium, 

lead, mercury, and selenium) in 

coatings and substrates of toys subject to 

that standard. 

The CPSIA also limits the 

concentration of six prohibited 

phthalates in component parts of 

children’s toys and child care articles. 

The CPSIA limits the lead content of 

component parts of children’s products 

to 100 ppm (currently) in each 

accessible component part. A children’s 

product is a consumer product that is 

designed and intended primarily for 

children 12 years old and younger. 

B. Third Party Testing 

Section 14(a) of the CPSA, as 

amended by section 102 of the CPSIA, 

requires third party testing of: children’s 

products for lead content; toys and child 

care articles for the prohibited 

phthalates; and toys subject to the 

ASTM F963–11 toy safety standard for 

eight elements. For children’s products, 

toys, and child care articles subject to 

CPSIA requirements, and toys subject to 

ASTM F963–11 that may contain these 

prohibited materials, third party testing 

is required for certification, material 

change, and periodic testing. 

Section 14(a) of the CPSA, as amend 

by section 102 of the CPSIA, requires 

third party testing for lead content in 

certain products and materials. The 

Commission, however, has determined 

that certain products or materials 

inherently do not contain lead at levels 

that exceed the specified lead content 

limits, and therefore, no third party 

testing of these products and materials 

is required. See 16 CFR 1500.91 for a list 

of the materials. 

In addition to making these 

determinations, the Commission 

published a rule containing procedures 

and requirements for future Commission 

determinations regarding certain 

materials or products that do not, and 

would not, exceed the lead limits. 16 

CFR 1500.89. Interested parties may 

consult the determinations rule at 16 

CFR 1500.91 and the determinations 

procedures rule at 16 CFR 1500.89 for 

additional information about these prior 

Commission actions. 

Section 14 of the CPSA requires third 

party testing of children’s toys and 

certain child care articles for 

compliance with the phthalates 

requirements. In August 2009, the 

Commission made available a statement 

of policy on testing with respect to the 

CPSIA section 108 restrictions for 

phthalates in component parts of 

children’s toys and child care articles, 

which can be found at: http://www.cpsc.

gov/PageFiles/110003/componenttesting

policy.pdf. In August 2012, in the notice 

of requirements (NOR), Third Party 

Testing for Certain Children’s Products; 

Notice of Requirements for 

Accreditation of Third Party Conformity 

Assessment Bodies to Assess Conformity 

With the Limits on Phthalates in 

Children’s Toys and Child Care Articles, 

the Commission included a footnote 

regarding materials that are not 

expected inherently to contain 

phthalates, and thus, do not require 

third party testing. The NOR can be 

found at: http://www.gpo.gov/fdsys/pkg/ 

FR-2011-08-10/pdf/2011-19678.pdf. 

Public Law 112–28 (PL 112–28), 

enacted on August 11, 2011, amended 

section 14 of the CPSA and directed the 

CPSC to consider ways to reduce the 

third party testing burden consistent 

with assuring compliance of children’s 

products to the applicable consumer 

product safety rules. The resulting 

briefing package, dated August 29, 2012, 

is available at: http://www.cpsc.gov/

PageFiles/129398/reduce3pt.pdf. In 

response to the third party testing 

burden reduction briefing package, on 

January 18, 2013, the Commission 

directed staff to develop an RFI to solicit 

information on the four topics listed 

above. The fiscal year 2013 Operating 

Plan text directing the staff can be found 

on page 24 at: http://www.cpsc.gov/

Global/Budget/2013OperatingPlan.pdf. 

III. General Information Requested 

In preparing comments to submit to 

CPSC regarding one or more sections of 

the RFI, commenters should include 

information on the following: 

• The chemicals and raw materials 

used in manufacturing a specific 

product or component part, and their 

typical or possible concentrations of 

lead, phthalates, or the elements 

specified in the ASTM F963–11 toy 

safety standard; 

• The extent to which recycled 

materials or other materials (such as 

plastic color concentrates or other 

additives) with potentially variable 

concentrations of lead, phthalates, or 

the elements specified in the ASTM 

F963–11 toy safety standard are used in 

manufacturing a specific product or 

component part; 

• The manufacturing processes and 

conditions (such as potential sources of 

contaminants) that could increase the 

concentration in the product or material 

of lead, phthalates, or the elements 

specified in the ASTM F963–11 toy 

safety standard; 

• The possibility that variations 

among worldwide manufacturers in 

their use of raw materials and processes 

could impact manufacturers’ ability to 

meet consistently the concentration 

limits for lead, phthalates, or the 

elements specified in the ASTM F963– 

11 toy safety standard; and 

• Other relevant factors that could 

impact the concentration in products or 

materials of lead, phthalates, or the 

elements specified in the ASTM F963– 

11 toy safety standard. 

In addition to identifying the 

materials that could be determined to be 

compliant with an applicable chemical 

limit without requiring third party 

testing, commenters should explain in 

detail why such a conclusion could be 

made. Commenters should explain their 

reasons and provide evidence to support 

their claim that present and future 

production will continue to comply 

with the applicable children’s product 

safety rules. 

IV. Additional Information Requested 

A. Children’s Toys and the Eight 

Elements in ASTM F963–11 

Section 4.3.5 of ASTM F963–11 

establishes limits on the maximum 

soluble content of the eight elements in 

paints, surface coatings, and substrates 

of toys subject to the standard. (Of these 

elements, the standard—and the 

CPSIA—limit the total lead content in 

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22520 Federal Register / Vol. 78, No. 73 / Tuesday, April 16, 2013 / Notices 

paints and surface coatings to 90 ppm 

and the total lead content of accessible 

substrates to 100 ppm.) Some of the 

ways compliance with the soluble limit 

could be demonstrated are through: 

• Component part testing showing 

that all of the component parts of the 

toy have a solubility of one or more of 

the eight elements of no more than their 

maximum allowable values; or 

• Showing that the component parts’ 

content limit for an element is at or 

below the maximum solubility limit 

allowed, which also indicates 

compliance with that limit. (This 

alternate route to show compliance is 

provided for by section 8.3.1 of the 

ASTM F963–11 standard). 

The commenter should explain, in 

addition to the requested general 

information, how consistent compliance 

to the soluble limit of element(s) in a 

material or component part, can be 

assured without third party testing. 

B. Phthalate Concentrations in 

Plasticized Component Parts 

Section 108 of the CPSIA permanently 

prohibits the sale of any ‘‘children’s toy 

or child care article’’ containing 

concentrations of more than 0.1 percent 

of the following chemicals: 

• dibutyl phthalate (DBP); 

• butyl benzyl phthalate (BBP); or 

• di(2-ethylhexyl) phthalate (DEHP). 

Section 108 prohibits on an interim 

basis the sale of ‘‘any children’s toy that 

can be placed in a child’s mouth’’ or 

‘‘child care article’’ containing 

concentrations of more than 0.1 percent 

of: 

• di-n-octyl phthalate (DnOP); 

• diisononyl phthalate (DINP); or 

• diisodecyl phthalate (DIDP), 

pending review by a Chronic Hazard 

Advisory Panel (CHAP). 

Section 108 of the CPSIA defines the 

terms ‘‘children’s toy,’’ ‘‘children’s toy 

that can be placed in a child’s mouth,’’ 

and ‘‘child care article.’’ Additional 

information is available at: http://www.

cpsc.gov/Regulations-Laws-Standards/

CPSIA/Phthalates/PhthalatesInformation. 

Phthalates commonly are used as 

plasticizers (softeners) in plastics. 

Phthalates also are used in other 

products, including, but not limited to, 

paints, inks, adhesives, sealants, air 

fresheners, and scented products. In 

August 2009, the Commission issued a 

statement of policy listing materials 

that: 

• May contain phthalates, and 

therefore, should always be tested; and 

• Normally do not contain phthalates, 

and therefore, may not require testing. 

In the August 2012 NOR, a footnote 

indicated that the following materials 

are not expected inherently to contain 

phthalates, and thus, do not require 

third party testing:: 

• Untreated/unfinished wood; 

• Metal; 

• Natural fibers; 

• Natural latex; and 

• Mineral products. 

Staff is interested in information 

relating to materials that do not contain 

the prohibited phthalates in amounts 

greater than 1000 ppm. In addition to 

the requested general information, the 

commenter should explain how 

consistent compliance to the phthalates 

limits in a material or component part 

can be assured without third party 

testing. 

C. Lead Content in Manufactured Wood 

Products 

For the purposes of this RFI, 

‘‘manufactured wood’’ refers to 

composite wood products that are 

wood-based materials, such as particle 

board, medium density fiber board, and 

plywood, consisting largely of natural, 

untreated wood and glues, adhesives, 

waxes, resins, and similar materials. 

Only these constituents are the subject 

of the RFI. 

The Commission previously 

determined that natural wood 

(untreated, unadulterated, and 

uncoated) does not, and will not, 

contain lead in concentrations in excess 

of 100 ppm, as detailed in 16 CFR 

1500.91. The Commission has not made 

a similar determination for the 

adhesives or other possible constituents 

of a manufactured wood product. 

Manufactured wood products are 

complex, nonhomogeneous products. 

Therefore, some of the ways compliance 

with the lead content limit could be 

demonstrated are: 

• By testing a sample of a finished 

product, which must contain no more 

than 100 ppm lead; 

• Through component part testing of 

all the constituents of the manufactured 

wood, with test results showing that all 

of the constituents used to make the 

finished product contain no more than 

100 ppm lead; or 

• By demonstrating that a finished 

product will never exceed 100 ppm lead 

content, even if one or more 

constituents of the manufactured wood 

product contains lead in excess of 100 

ppm. 

As provided in 16 CFR 1500.91, a 

natural wood component part does not 

require testing. 

The commenter should explain, in 

addition to the requested general 

information, how consistent compliance 

to the lead concentration limit of the 

finished manufactured wood or the 

constituents can be assured without 

third party testing. 

D. Synthetic Food Additives 

As detailed in 16 CFR 1500.91, the 

Commission previously determined that 

natural materials, such as natural fibers 

and other plant-derived and animalderived materials, do not contain lead in 

concentrations above 100 ppm. These 

natural materials could include 

substances that may be used as food 

additives. However, certain synthetic 

materials that may be used as food 

additives are not included in the 

Commission determinations. Therefore, 

if a synthetic food additive is used in 

manufacturing a children’s product, the 

resulting finished product or component 

part is subject to the CPSC requirements 

for lead content for children’s products, 

including the third party testing 

requirements. 

Substances used as food additives are 

subject to the requirements of the U.S. 

Food and Drug Administration (FDA), 

including 21 CFR part 172. Because 21 

CFR part 172 does not require third 

party testing, compliance with FDA 

requirements is not sufficient to indicate 

compliance with section 101 of the 

CPSIA. To the extent that any synthetic 

food additive can be shown consistently 

not to contain lead at levels that exceed 

the specified lead content limits, 

recommendations could be made for 

future Commission action. 

The commenter should explain, in 

addition to the requested general 

information, how consistent compliance 

to the lead content limit of the synthetic 

food additive(s) can be assured without 

third party testing. 

Dated: April 11, 2013. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2013–08858 Filed 4–15–13; 8:45 am] 

BILLING CODE 6355–01–P 

COURT SERVICES AND OFFENDER 

SUPERVISION AGENCY 

Privacy Act of 1974: New System of 

Records 

AGENCY: Court Services and Offender 

Supervision Agency (CSOSA) 

ACTION: Notice of a new system of 

records. 

SUMMARY: CSOSA proposes to add a 

new system of records to its inventory 

of record systems subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

titled ‘‘Kiosk System.’’ This action is 

necessary to meet the requirements of 

the Privacy Act to publish in the 

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