Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices 68167 

owner Scripps Research Institute, timely 

filed an application under 35 U.S.C. 

156(d)(5) for an additional interim 

extension of the term of U.S. Patent No. 

5,407,914. The patent claims the human 

drug product, SURFAXIN®

(lucinactant), and a method of using 

SURFAXIN® (lucinactant). The 

application indicates that a New Drug 

Application, NDA No. 21–746, for the 

human drug product SURFAXIN®

(lucinactant) has been filed, and is 

currently undergoing regulatory review 

before the Food and Drug 

Administration for permission to market 

or use the product commercially. 

Review of the application indicates 

that, except for permission to market or 

use the product commercially, the 

subject patent would be eligible for an 

extension of the patent term under 35 

U.S.C. 156, and that the patent should 

be extended for an additional one year 

as required by 35 U.S.C. 156(d)(5)(B). 

Because it is apparent that the 

regulatory review period will continue 

beyond the extended expiration date of 

the patent, November 17, 2011, interim 

extension of the patent term under 35 

U.S.C. 156(d)(5) is appropriate. 

An interim extension under 35 U.S.C. 

156(d)(5) of the term of U.S. Patent No. 

5,407,914 is granted for a period of one 

additional year from the extended 

expiration date of the patent, i.e., until 

November 17, 2012. 

Dated: October 28, 2011. 

Robert W. Bahr, 

Acting Associate Commissioner for Patent 

Examination Policy, United States Patent and 

Trademark Office. 

[FR Doc. 2011–28499 Filed 11–2–11; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

[Docket No. PTO–C–2011–0069] 

National Medal of Technology and 

Innovation Nomination Evaluation 

Committee Meeting 

AGENCY: United States Patent and 

Trademark Office. 

ACTION: Notice of closed meeting. 

SUMMARY: The National Medal of 

Technology and Innovation (NMTI) 

Nomination Evaluation Committee will 

meet in closed session on Friday, 

November 18, 2011. The primary 

purpose of the meeting is to discuss the 

relative merits of persons, teams and 

companies nominated for the 2011 

NMTI Medal. 

DATES: The meeting will convene 

Friday, November 18, 2011, at 

approximately 9 a.m., and adjourn at 

approximately 5 p.m. 

ADDRESSES: The meeting will be held at 

the United States Patent and Trademark 

Office, 600 Dulany Street, Alexandria, 

VA 22314. 

FOR FURTHER INFORMATION CONTACT: 

Vikrum Aiyer, Program Manager, 

National Medal of Technology and 

Innovation Program, United States 

Patent and Trademark Office, 600 

Dulany Street, Alexandria, VA 22314; 

telephone (571) 272–8818, or by 

electronic mail: nmti@uspto.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Federal Advisory Committee Act, 

5 U.S.C. app. 2, notice is hereby given 

that the NMTI Nomination Evaluation 

Committee, chartered to the United 

States Department of Commerce, will 

meet at the United States Patent and 

Trademark Office campus in 

Alexandria, Virginia. 

The Secretary of Commerce is 

responsible for recommending to the 

President prospective NMTI Medal 

recipients. The NMTI Nomination 

Evaluation Committee evaluates the 

nominations received pursuant to 

public solicitation and makes its 

recommendations for the Medal to the 

Secretary. Committee members are 

distinguished experts in the fields of 

science, technology, business and patent 

law drawn from both the public and 

private sectors and are appointed by the 

Secretary for three-year terms. 

The NMTI Nomination Evaluation 

Committee was established in 

accordance with the Federal Advisory 

Committee Act (FACA). The Committee 

meeting will be closed to the public in 

accordance with FACA and 5 U.S.C. 

552b(c)(4), (6) and (9)(B), because the 

discussion of the relative merit of the 

Medal nominations is likely to disclose 

information of a personal nature that 

would constitute a clearly unwarranted 

invasion of personal privacy; premature 

disclosure of the Committee’s 

recommendations would be likely to 

significantly frustrate implementation of 

the Medal Program; and the meeting 

will include a Department of Commerce 

Ethics Division presentation and 

question and answer session which may 

be closed to protect the privileged and 

confidential personal financial 

information of Committee members. 

The Chief Financial Officer and 

Assistant Secretary for Administration, 

United States Department of Commerce, 

formally determined on October 26, 

2011, pursuant to Section 10(d) of the 

Federal Advisory Committee Act, that 

the meeting may be closed because 

Committee members are concerned with 

matters that are within the purview of 

5 U.S.C. 552b(c)(4), (6) and (9)(B). Due 

to closure of this meeting, copies of any 

minutes of the meeting will not be 

available. A copy of the determination 

is available for public inspection at the 

United States Patent and Trademark 

Office. 

Dated: October 28, 2011. 

Teresa Stanek Rea, 

Deputy Under Secretary of Commerce for 

Intellectual Property and Deputy Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. 2011–28500 Filed 11–2–11; 8:45 am] 

BILLING CODE 3510–16–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meeting—Emergency 

Meeting Notice 

This notice that an emergency 

meeting was held is published pursuant 

to the provisions of the Government in 

the Sunshine Act, Public Law 94–409, 

5 U.S.C. 552b. 

AGENCY HOLDING THE MEETING: 

Commodity Futures Trading 

Commission. 

TIME AND DATE: The Commission held an 

emergency closed meeting on October 

31, 2011 at 12 p.m. The Commission, by 

a recorded unanimous vote, determined 

that the agency business required that 

business of the agency required that the 

meeting be held at that time. 

PLACE: Three Lafayette Center, 1155 

21st St. NW., Washington, DC, 9th Floor 

Commission Conference Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Registrant 

Financial Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, Assistant Secretary 

of the Commission, 202–418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2011–28607 Filed 11–1–11; 11:15 am] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 12–C0003] 

Spin Master, Inc. and Spin Master, Ltd., 

Provisional Acceptance of a 

Settlement Agreement and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 


srobinson on DSK4SPTVN1PROD with NOTICES
68168 Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with Spin 

Master, Inc. and Spin Master, Ltd., 

containing a civil penalty of 

$1,300,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by November 

18, 2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 12–C0003, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: Seth 

B. Popkin, Lead Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7612. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: October 26, 2011. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Spin Master, Inc. (‘‘SMI’’) and Spin Master 

Ltd. (‘‘SML’’) (collectively ‘‘Spin Master’’), 

and U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff (‘‘Staff’’), 

enter into this Settlement Agreement 

(‘‘Agreement’’). The Agreement and the 

incorporated attached Order (‘‘Order’’) settle 

staff’s allegations set forth below. 

Parties 

2. Staff is the staff of the Commission, an 

independent federal regulatory agency 

established pursuant to, and responsible for, 

the enforcement of the Consumer Product 

Safety Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 

3. SMI is a corporation, organized and 

existing under the laws of Delaware, with its 

principal offices located in Los Angeles, 

California. At all relevant times, SMI 

imported and sold toys. 

4. SML is a corporation, organized and 

existing under the laws of Canada, with its 

principal offices located in Toronto, Ontario, 

Canada. At all relevant times, SML 

developed and marketed toys. 

5. At all relevant times, SMI was and is a 

wholly-owned subsidiary of Spin Master US 

Holdings, Inc., which is a wholly-owned 

subsidiary of SML. 

Staff Allegations 

6. From on or about April 16, 2007, to on 

or about November 7, 2007, SMI imported 

into the United States, sold to U.S. 

consumers, and sold to U.S. retailers, 

approximately 750,000 units of Aqua Dots. 

Aqua Dots were children’s arts and crafts 

toys that consisted of tiny beads of different 

colors that stuck together when sprayed with 

water, allowing children to create various 

shapes and designs. Aqua Dots were 

marketed and sold in different kits with 

various accessories. 

7. Aqua Dots are ‘‘consumer product[s],’’ 

and, at all relevant times, SMI was a 

‘‘manufacturer’’ and ‘‘retailer’’ of those 

consumer products, and SML was a 

‘‘manufacturer’’ of those consumer products, 

which were ‘‘distributed in commerce,’’ as 

those terms are defined in CPSA sections 

3(a)(5), (8), (11), and (13), 15 U.S.C. 

2052(a)(5), (8), (11), and (13). 

8. By mid-October 2007, Spin Master had 

received reports that children and a dog had 

become ill and received emergency medical 

treatment after ingesting Aqua Dots; however, 

Spin Master failed to report to the 

Commission. 

9. On October 18, 2007, Spin Master 

learned that Aqua Dots contained 1,4- 

butylene glycol (‘‘TMG’’). TMG is a chemical 

that, upon ingestion, metabolizes to gamma 

hydroxybutyrate (GHB), a Schedule I 

controlled substance. On October 19, 2007, 

Spin Master received information that TMG 

is harmful if swallowed, and that, upon 

ingestion, it targets the kidneys and central 

nervous system. 

10. In the days and weeks that followed, 

Spin Master continued to receive reports of 

children falling ill after ingesting Aqua Dots. 

The firm also received reports of children 

falling ill after ingesting a similar product 

manufactured by the same overseas factory 

using the same ingredients list containing 

TMG. 

11. On November 2, 2007, Spin Master 

received a report that a child became ill after 

ingesting Aqua Dots. On November 5, 2007, 

Commission staff contacted Spin Master and 

notified them of that ingestion incident, 

which had occurred in October 2007. 

12. On November 7, 2007, Spin Master, in 

cooperation with the Commission, 

voluntarily recalled the product. 

13. In the press release announcing the 

recall, Spin Master acknowledged that 

‘‘[c]hildren who swallow the beads can 

become comatose, develop respiratory 

depression, or have seizures.’’ 

14. While the firm had enlisted an outside 

testing agency to evaluate the toxicity of the 

product, the testing was inadequate. 

Notwithstanding the testing results, the 

incident data reflective of human experience 

suggested that the product was toxic. 

15. During the relevant time, Spin Master 

obtained information that reasonably 

supported the conclusion that Aqua Dots 

contained a defect or possible defect that 

could create a substantial product hazard, or 

that Aqua Dots created an unreasonable risk 

of serious injury or death. Accordingly, CPSA 

sections 15(b)(3) and (4), 15 U.S.C. 2064(b)(3) 

and (4), required Spin Master to inform the 

Commission immediately of the defect and 

risk. 

16. Spin Master knowingly failed to inform 

the Commission immediately about Aqua 

Dots, as required by CPSA sections 15(b)(3) 

and (4), 15 U.S.C. 2064(b)(3) and (4), and as 

the term ‘‘knowingly’’ is defined in CPSA 

section 20(d), 15 U.S.C. 2069(d). Under CPSA 

section 19(a)(4), 15 U.S.C. 2068(a)(4), these 

failures constituted prohibited acts, and 

pursuant to CPSA section 20, 15 U.S.C. 2069, 

subjected Spin Master to civil penalties. 

17. Aqua Dots are ‘‘toxic’’ within the 

meaning of FHSA section 2(g), 15 U.S.C. 

1261(g), and are a ‘‘hazardous substance’’ 

within the meaning of FHSA section 

2(f)(1)(A), 15 U.S.C. 1261(f)(1)(A). 

18. As a toy or other article intended for 

use by children that is a hazardous 

substance, or that contains a hazardous 

substance that is susceptible to access by a 

child to whom such toy or article is 

entrusted, Aqua Dots are a ‘‘banned 

hazardous substance’’ within the meaning of 

FHSA section 2(q)(1)(A), 15 U.S.C. 

1261(q)(1)(A). 

19. During the relevant time, under FHSA 

§ 5(c)(5), 15 U.S.C. 1264(c)(5), Spin Master 

acquired knowledge that Aqua Dots were 

toxic and constituted a banned hazardous 

substance, and were prohibited from being 

imported and sold. Pursuant to FHSA section 

5(c)(1), 15 U.S.C. 1264(c)(1), Spin Master’s 

prohibited acts subjected it to civil penalties. 

Spin Master’s Responsive Allegations 

20. Spin Master denies staff’s allegations 

that Spin Master knowingly violated the 

CPSA and FHSA; and Spin Master denies 

any liability and wrongdoing. 

21. Spin Master desires to settle this matter 

without the expense of litigation. 

22. The Agreement and the payments made 

thereunder are made in compromise of 

disputed and unproven allegations and are 

not admissions of liability of any kind, 

whether legal or factual. 

23. Spin Master, Inc. was the distributor of 

Aqua Dots in the United States, and was not 

involved in the design or manufacture, nor 

was it the creator or inventor, of Aqua Dots. 

Spin Master Ltd., located in Toronto, Canada, 

was the parent of Spin Master, Inc. 

24. Spin Master had no involvement in the 

production of the product and was not given 

any insight into the chemical composition of 

the product, which at all times remained a 

closely guarded trade secret by the 

manufacturer. 

25. Spin Master ensured the product 

underwent all legally required testing under 

FHSA regulations, CPSC lead content 

requirements, Canadian Hazardous Products 

regulations, and ASTM labeling standards 

before distribution of the product began, and 

the product passed all such testing. The 

distributor, SMI, began distributing the 

product in the United States in April 2007. 

Approximately 1,335,151 units of Aqua Dots 

were sold. 

26. Spin Master went above and beyond all 

legally required testing and engaged a highly 

regarded independent testing agency to 

conduct live animal acute toxicity testing 

(‘‘live animal testing’’) on the product on 

June 6, 2007. 

27. On August 10, 2007, Spin Master 

received and reasonably relied upon the 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices 68169 

official live animal testing results from the 

independent testing agency that stated: ‘‘[the 

product] MEETS the following 

requirement(s): Classification of not being 

toxic as defined in and tested per 16 CFR 

1500.3(c)(2)(i)(A), ‘Acute oral toxicity’ (FHSA 

regulations.)’’ SMI received oral confirmation 

of this test result as early as August 1, 2007. 

28. It became apparent only after the 

November 7, 2007 recall that the live animal 

toxicity testing conducted by independent 

testing agencies was not performed at an 

appropriate standard of professional care. 

29. In October 2007, Spin Master was 

advised of ingestion incidents arising from 

the ingestion of large quantities of a similar 

product and that governmental authorities in 

countries other than the United States had 

investigated those incidents and found that 

product to be safe. 

30. On October 18, 2007, Spin Master was 

advised that the manufacturer of the product 

had switched the chemical formulation from 

1,5 Pentamethylene Glycol to contain 1,4– 

Butylene Glycol (‘‘TMG’’). Upon being 

advised of the chemical switch, the 

distributor began investigating the product. 

On October 19, 2007, the distributor received 

a Material Safety Data Sheet (‘‘MSDS’’) for 

TMG. 

31. On October 25, 2007, Spin Master was 

advised of the results of a Toxicological Risk 

Assessment performed by a board-certified 

toxicologist, which stated that none of the 

ingredients in the product were banned or 

restricted for use in consumer products in the 

United States, and that the product 

containing TMG would be safe under the 

FHSA regulations when used as intended or 

under circumstances involving reasonably 

foreseeable misuse, assuming that as many as 

50 beads would be ingested in a single event. 

The distributor was also advised that 4 grams 

of the product, or 50 beads, would have to 

be consumed to cause significant harm by 

ingestion. 

32. In early November 2007, Spin Master 

received a detailed report of an ingestion 

incident involving the product. 

33. On November 7, 2007, Spin Master 

voluntarily recalled the product in 

conjunction and cooperation with the 

Commission. 

Agreement of the Parties 

34. Under the CPSA and FHSA, the 

Commission has jurisdiction over this matter 

and, for purposes of this agreement only, 

over Spin Master. 

35. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Spin 

Master, nor does it constitute a determination 

by the Commission, that Spin Master 

knowingly violated the CPSA and FHSA, or 

a concession by either party of the accuracy 

of the representations set forth in the other 

party’s Responsive Allegations. 

36. In settlement of staff’s allegations, Spin 

Master shall pay a civil penalty in the total 

amount of one million three hundred 

thousand dollars ($1,300,000.00). The civil 

penalty shall be paid in two (2) installments 

as follows: six hundred fifty thousand dollars 

($650,000.00) shall be paid on or before 

January 10, 2012; and six hundred fifty 

thousand dollars ($650,000.00) shall be paid 

on or before January 10, 2013. Both payments 

shall be made electronically to the 

Commission via: http://www.pay.gov. 

37. Upon provisional acceptance of the 

Agreement, the Agreement shall be placed on 

the public record and published in the 

Federal Register, in accordance with the 

procedures set forth in 16 CFR 1118.20(e). In 

accordance with 16 C.F.R. § 1118.20(f), if the 

Commission does not receive any written 

request not to accept the Agreement within 

fifteen (15) calendar days, the Agreement 

shall be deemed finally accepted on the 

sixteenth (16th) calendar day after the date it 

is published in the Federal Register. 

38. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Spin Master knowingly, 

voluntarily, and completely waives any 

rights it may have in this matter to the 

following: (1) An administrative or judicial 

hearing; (2) judicial review or other challenge 

or contest of the validity of the Order or of 

the Commission’s actions; (3) a 

determination by the Commission of whether 

Spin Master failed to comply with the CPSA, 

the FHSA, and their underlying regulations; 

(4) a statement of findings of fact and 

conclusions of law; and (5) any claims under 

the Equal Access to Justice Act. 

39. The parties may publicize the terms of 

the Agreement and the Order. 

40. The Agreement and the Order shall 

apply to, and be binding upon, Spin Master 

and each of its successors and assigns. 

41. The Commission issues the Order 

under the provisions of the CPSA and FHSA, 

and violation of the Order may subject Spin 

Master and each of its successors and assigns 

to appropriate legal action. 

42. The Agreement may be used in 

interpreting the Order. The Agreement 

constitutes the entire agreement and 

understanding between the parties related to 

the subject matter contained herein and is 

subject to the terms of the Order. 

Understandings, agreements, representations, 

or interpretations apart from those contained 

in the Agreement and the Order may not be 

used to vary or contradict their terms. The 

Agreement shall not be waived, amended, 

modified, or otherwise altered without 

written agreement thereto, executed by the 

party against whom such waiver, 

amendment, modification, or alteration is 

sought to be enforced. 

43. If any provision of the Agreement and 

the Order is held to be illegal, invalid, or 

unenforceable under present or future laws 

effective during the terms of the Agreement 

and the Order, such provision shall be fully 

severable. The balance of the Agreement and 

the Order shall remain in full force and 

effect, unless the Commission and Spin 

Master agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

SPIN MASTER, INC. 

Dated: October 19, 2011 by: 

lllllllllllllllllllll

Ronnen Harary, 

Director and CEO, 5890 West Jefferson 

Boulevard, Suite E, Los Angeles, CA 90116. 

SPIN MASTER LTD. 

Dated: October 19, 2011 by: 

lllllllllllllllllllll

Ronnen Harary, 

Director and CEO, 450 Front Street West, 

Toronto, Ontario. 

Dated: October 19, 2011 by: 

lllllllllllllllllllll

Ronald Y. Rothstein, Esq., 

Winston & Strawn LLP, 35 West Wacker 

Drive, Chicago, IL 60601, Counsel for Spin 

Master, Inc., and Spin Master Ltd. 

Dated: October 19, 2011 by: 

lllllllllllllllllllll

Frederick B. Locker, Esq., 

Locker, Greenberg & Brainin, 420 5th 

Avenue, Suite 2602, New York, NY 10018, 

Counsel for Spin Master, Inc., and Spin 

Master Ltd. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Office of the General Counsel. 

Cheryl A. Falvey, 

General Counsel. 

Mary B. Murphy, 

Assistant General Counsel. 

Dated: October 19, 2011 by: 

lllllllllllllllllllll

Seth B. Popkin, 

Lead Trial Attorney. 

lllllllllllllllllllll

Renee McCune, 

Attorney. 

Order 

Upon consideration of the Settlement 

Agreement entered into among Spin Master, 

Inc. and Spin Master Ltd. (collectively ‘‘Spin 

Master’’), and the U.S. Consumer Product 

Safety Commission (‘‘Commission’’) staff, 

and the Commission having jurisdiction over 

the subject matter and, for purposes of this 

agreement only, over Spin Master, and it 

appearing that the Settlement Agreement and 

the Order are in the public interest, it is 

Ordered, that the Settlement Agreement be, 

and hereby is, accepted; and it is 

Further ordered, that Spin Master shall pay 

a civil penalty in the total amount of one 

million three hundred thousand dollars 

($1,300,000.00). The civil penalty shall be 

paid in two (2) installments as follows: Six 

hundred fifty thousand dollars ($650,000.00) 

shall be paid on or before January 10, 2012; 

and six hundred fifty thousand dollars 

($650,000.00) shall be paid on or before 

January 10, 2013. Both payments shall be 

made electronically to the Commission via: 

http://www.pay.gov. Upon the failure of Spin 

Master to make any of the foregoing 

payments when due, the total amount of the 

civil penalty shall become due and payable 

immediately, and interest on the unpaid 

amount shall accrue and be paid by Spin 

Master at the federal legal rate of interest set 

forth at 28 U.S.C. 1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 26th day of October, 

2011. 

BY ORDER OF THE COMMISSION: 

lllllllllllllllllllll

Todd A. Stevenson, 


srobinson on DSK4SPTVN1PROD with NOTICES
68170 Federal Register / Vol. 76, No. 213 / Thursday, November 3, 2011 / Notices 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–28558 Filed 11–2–11; 8:45 am] 

BILLING CODE 6355–01–P 

COUNCIL ON ENVIRONMENTAL 

QUALITY 

Instructions for Implementing 

Sustainable Locations for Federal 

Facilities in Accordance With 

Executive Order 13514 

AGENCY: Council on Environmental 

Quality. 

ACTION: Notice of availability of 

sustainable locations for Federal 

facilities implementing instructions. 

SUMMARY: The Chair of the Council on 

Environmental Quality (CEQ) has issued 

instructions to Federal agencies for 

integrating sustainable facility location 

decision-making principles into agency 

policies and practices, as required under 

Executive Order 13514 (‘‘E.O. 13514’’), 

‘‘Federal Leadership in Environmental, 

Energy, and Economic Performance,’’ 

signed by President Obama on October 

5, 2009. 74 FR 52117, Oct. 8, 2009. The 

purpose of the Executive Order is to 

establish an integrated strategy toward 

sustainability in the Federal 

Government including, efforts to operate 

high performance sustainable buildings 

in sustainable locations, and strengthen 

the vitality and livability of the 

communities for Federal agencies. 

Section 2(f) of the E.O. 13514 directs 

agencies to ‘‘advance regional and local 

integrated planning by * * * 

participating in regional transportation 

planning and recognizing existing 

community transportation 

infrastructure; * * * ensuring that 

planning for new Federal facilities or 

new leases includes consideration of 

sites that are pedestrian friendly, near 

existing employment centers, and 

accessible to public transit, and 

emphasizes existing central cities and, 

in rural communities, existing or 

planned town centers.’’ Section 5(b) of 

E.O. 13514 directs the Chair of CEQ to 

issue instructions to implement the 

Executive Order. The Instructions for 

Implementing Sustainable Locations for 

Federal Facilities are now available at: 

http://www.whitehouse.gov/ 

administration/eop/ceq/sustainability/ 

sustainable-locations. 

DATES: The Instructions for 

Implementing Sustainable Locations for 

Federal Facilities were issued on 

September 15, 2011. 

ADDRESSES: The Instructions for 

Implementing Sustainable Locations for 

Federal Facilities are available at: http:// 

www.whitehouse.gov/administration/ 

eop/ceq/sustainability/sustainablelocations. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Moore, Federal Environmental 

Executive, Office of the Federal 

Environmental Executive, (202) 395– 

5750. 

SUPPLEMENTARY INFORMATION: Section 

5(b) of E.O. 13514 authorizes the Chair 

of the Council on Environmental 

Quality (CEQ) to issue instructions to 

implement the Executive Order. The 

‘‘Instructions for Implementing 

Sustainable Locations for Federal 

Facilities’’ provide formal direction 

from the Chair of CEQ to Federal 

agencies to improve sustainability 

performance by ensuring a balanced 

consideration and evaluation of land 

use, the built environment, cost, 

security, mission need and competition 

on facility location decision-making. 

The Instructions ensure that agencies 

make responsible choices in the siting of 

facilities that are owned or leased by the 

Federal government, striking an 

appropriate balance among cost, 

security and sustainability, while 

meeting agency mission need and 

ensuring competition. The Instructions 

apply only to Federal agencies, 

operations, and programs. Agencies are 

expected to implement the Instructions 

as part of their compliance with E.O. 

13514. 

Authority: E.O. 13514, 74 FR 52117 

Dated: October 28, 2011. 

Nancy H. Sutley, 

Chair. 

[FR Doc. 2011–28474 Filed 11–2–11; 8:45 am] 

BILLING CODE 3125–W0–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Revised Non-Foreign Overseas Per 

Diem Rates 

AGENCY: DoD, Per Diem, Travel and 

Transportation Allowance Committee. 

ACTION: Notice of Revised Non-Foreign 

Overseas Per Diem Rates. 

SUMMARY: The Per Diem, Travel and 

Transportation Allowance Committee is 

publishing Civilian Personnel Per Diem 

Bulletin Number 278. This bulletin lists 

revisions in the per diem rates 

prescribed for U.S. Government 

employees for official travel in Alaska, 

Hawaii, Puerto Rico, the Northern 

Mariana Islands and Possessions of the 

United States. Actual Expense 

Allowance (AEA) changes announced in 

Bulletin Number 194 remain in effect. 

Bulletin Number 278 is being published 

in the Federal Register to assure that 

travelers are paid per diem at the most 

current rates. 

DATES: Effective Date: November 1, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Mrs. Allison Lovelady, (571) 372–1271. 

SUPPLEMENTARY INFORMATION: This 

document gives notice of revisions in 

per diem rates prescribed by the Per 

Diem Travel and Transportation 

Allowance Committee for non-foreign 

areas outside the continental United 

States. It supersedes Civilian Personnel 

Per Diem Bulletin Number 277. 

Distribution of Civilian Personnel Per 

Diem Bulletins by mail was 

discontinued. Per Diem Bulletins 

published periodically in the Federal 

Register now constitute the only 

notification of revisions in per diem 

rates to agencies and establishments 

outside the Department of Defense. For 

more information or questions about per 

diem rates, please contact your local 

travel office. The text of the Bulletin 

follows: The changes in Civilian 

Bulletin 278 are updated rates for 

Alaska. 

Dated: October 31, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 


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