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
Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices 20615 

opportunity for all interested parties to 

participate in the proceedings. 

Accordingly, we invited comments on 

the issues raised by the petition. In the 

Federal Register of November 16, 2011 

(76 FR 70975), we invited comments on 

the issues raised by the petition with 

comments due on December 16, 2011. 

On January 5, 2012 (77 FR 478), we 

reopened the comment period for 30 

days, with comments due on February 

6, 2012. We received one comment in 

support of the petition. The commenter 

stated that pedal tractors with 

aluminum alloy components cannot 

practicably be manufactured in 

accordance with the 100 ppm lead 

content requirement. The commenter 

also stated that the aluminum alloy 

components are not likely to be placed 

in the mouth or ingested and will not 

have a measurable adverse effect on 

public health or safety. 

The petitioner stated that the 

components of its pedal tractors are 

made of aluminum metal die castings, 

which are the best alloy of choice for 

pedal tractor production, based on 

weight, cost, structural properties, 

surface finish and coatings, corrosion 

resistance, bearing properties, and wear 

resistance. The pedal tractor 

components are manufactured via the 

aluminum die-casting process. Although 

the petitioner stated that it is able to 

meet the lead content requirements of 

300 ppm for its pedal tractor 

components, it is unable to meet 

consistently the 100 ppm lead content 

limits, due to alloys used in the 

aluminum die-cast process. 

Accordingly, the petitioner requested an 

exception from the 100 ppm lead 

content limit. 

For the reasons described in CPSC 

staff’s briefing package, available at 

http://www.cpsc.gov/library/foia/foia12/ 

brief/ertl.pdf, we agree with the 

petitioner and the commenter that an 

exception to the 100 ppm lead content 

limit for certain children’s ride-on pedal 

tractor component parts is appropriate. 

The petitioner indicated that two 

aluminum alloys with relatively low 

lead concentration can be purchased 

and used to manufacture the pedal 

tractor products. One of these aluminum 

alloys (A380.1) may contain more than 

300 ppm lead, although the petitioner 

indicated that this alloy can be 

obtained, with careful purchasing, with 

a lead content of no more than 300 ppm. 

The petitioner indicated that the second 

aluminum alloy (A413.1) that can be 

used to manufacture the products is 

available with less than 200 ppm lead. 

While the petitioner indicated that it is 

possible to manufacture their products 

with the specific alloy with lead content 

less than 200 ppm, the A380.1 alloy, or 

a similar alloy, with lead content no 

more than 300 ppm, is a practicable 

material for manufacturing the 

component parts of the pedal tractors 

because the A380.1 aluminum alloy is 

one of the most commonly used 

aluminum alloys in manufacturing and 

is more readily obtainable from sources 

than the A413.1 aluminum alloy. In 

addition, the A413.1 alloy costs $0.99 to 

$1.65 per unit more than the A380.1 

alloy (about 1 percent of the cost of the 

product), resulting in additional 

material costs of the product. Obtaining 

aluminum alloys at 100 ppm or other 

substitute alloys was considered not 

practicable for the petitioner. The use of 

another metal alloy, such as steel, or 

using plastic molded component parts 

was not practicable because it would 

result in completely retooling the 

manufacturing process and result in 

products that appeared different from 

the current product, which uses die-cast 

component parts. 

In addition, the products included in 

the petition are similar to two types of 

products that have specific statutory 

provisions regarding lead content 

requirements. The CPSIA, as amended 

by Public Law 112–28, established new 

provisions for specific exceptions from 

the 100 ppm lead content requirement. 

Section 101(b)(5) of the CPSIA provides 

that the lead content limit does not 

apply to off-highway vehicles. Section 

101(b)(6) of the CPSIA also provides 

that for metal component parts of 

bicycles and related products, the lead 

limit is 300 ppm, not 100 ppm, as 

otherwise applicable to children’s 

products. 

The petitioner’s children’s ride-on 

pedal tractors made with aluminum 

alloys are therefore granted an exception 

from the 100 ppm lead content limit, 

and allowed to have a lead limit of 300 

ppm instead, because it is not 

practicable to impose the lower lead 

limit on such aluminum alloys. These 

aluminum components include: body 

castings (right and left sides), rear wheel 

hubs, wide front axle yokes, wide frontend adaptor brackets, and other 

component parts that are similar to 

these parts and are not likely be placed 

in the mouth or ingested or extensively 

contacted by children because of their 

function and location on the product. 

The exposure to lead in such parts at the 

300 ppm limit is expected to be so low 

that it would have no measurable 

adverse effect on public health or safety 

as defined at 15 U.S.C. 1278a(b)(1)(B), 

taking into account normal and 

reasonably foreseeable use and abuse. 

For the same reasons, children’s 

products that are similar, such as other 

children’s ride-on tractors, children’s 

ride-on cars, and other ride-on toys 

intended for children ages 3 years and 

older that contain similar aluminum 

alloy component parts, including body 

castings (right and left sides), rear wheel 

hubs, wide front axle yokes, wide frontend adaptor brackets, and other 

component parts that are similar to 

these parts and are not likely to be 

placed in the mouth or ingested, or 

extensively contacted by children 

because of their function and location 

on the product must meet a lead content 

limit of 300 ppm for the aluminum alloy 

component parts. The exposure to lead 

in these similar component parts is 

expected to be so low that it would have 

no measurable adverse effect on public 

health or safety as defined at 15 U.S.C. 

1278a(b)(1)(B), taking into account 

normal and reasonably foreseeable use 

and abuse. 

Dated: April 2, 2012. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2012–8187 Filed 4–4–12; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

DAU Industry Day: ‘‘Affordability, 

Efficiency, and the Industrial Base’’ 

AGENCY: Defense Acquisition University 

(DAU), DoD. 

ACTION: Event notice. 

SUMMARY: Mrs. Katrina McFarland, 

President of Defense Acquisition 

University, will host a forum with 

industry to discuss affordability, 

efficiency, and the industrial base. After 

a variety of presenters, the session will 

conclude with Mr. Frank Kendall, 

Acting Under Secretary of Defense for 

Acquisition, Technology and Logistics, 

leading a panel to discuss how we will 

achieve affordable, efficient programs in 

this time of fiscal austerity, while 

maintaining a healthy industrial base. 

Following the plenary session, each 

company will have the opportunity to 

sign up for an individual, nonattribution, 20-minute session with a 

DAU faculty member. DAU plans to 

incorporate feedback into changes to the 

Business Acumen curriculum. The 

name of the event is DAU Industry Day: 

‘‘Affordability, Efficiency, and the 

Industrial Base’’. 

DATES: Tuesday, May 1, 2012, from 8:30 

a.m.–2 p.m. 

ADDRESSES: Howell Auditorium, 

Building 226, Defense Acquisition 


Tkelley on DSK3SPTVN1PROD with NOTICES