478 Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 

ESTIMATED ANNUAL REPORTING BURDEN—Continued 

Regulation 

Estimated number 

of respondents 

or recordkeepers 

per year 

Reports annually 

by each 

respondent 

Total annual 

responses 

Estimated 

average number 

of hours 

per response 

Estimated 

total number 

of hours of annual 

burden in fiscal 

year 

Grand total (Reporting and 

recordkeeping) ..................... 303.00 13,996.00 6,004.00 

There are no capital costs or operating 

and maintenance costs associated with 

this collection. 

Dated: December 30, 2011. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2011–33841 Filed 1–4–12; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, January 11, 

2012; 10 a.m.–11 a.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

Matter To Be Considered 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

FOR FURTHER INFORMATION CONTACT: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: January 3, 2012. 

Todd A Stevenson, 

Secretary. 

[FR Doc. 2012–64 Filed 1–3–12; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC–2011–0087] 

Petition Requesting Exception From 

the Lead Content Limits; Reopening of 

the Comment Period 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Comment request. 

SUMMARY: The Consumer Product Safety 

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

or ‘‘we’’ or ‘‘us’’) 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 

reopening the comment period for 30 

days. 

DATES: Submit comments by February 6, 

2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2011– 

0087, 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 502, 4330 

East West Highway, Bethesda, MD 

20814; telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

petition number for this rulemaking. 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 

electronically. 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: 

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 manufactured after August 12, 

2011, 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 lead content limits 

under certain circumstances. The 

exception allows us, on our 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. 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 the notice and solicitation 


emcdonald on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 3 / Thursday, January 5, 2012 / Notices 479 

for written comments would provide the 

most efficient process for obtaining the 

necessary information, as well as 

provide adequate opportunity for all 

interested parties to participate in the 

proceedings. However, we would have 

the option to hold a public hearing or 

public meeting, if appropriate, to 

determine whether a petition for a 

functional purpose exception should be 

granted. 

On September 29, 2011, Joseph L. 

Ertl, Inc., (‘‘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 old. The 

petitioner states 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, and 

bearing properties and wear resistance. 

The pedal tractor components are 

manufactured via the aluminum diecasting process. Although the petitioner 

states 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 requests an 

exception from the 100 ppm lead 

content limit to continue to manufacture 

its pedal tractors with components 

above the 100 ppm lead content limit. 

In the Federal Register of November 

16, 2011 (76 FR 70975) we invited 

comments on the issues raised by the 

petition. Interested parties could view a 

copy of the petition under supporting 

and related materials identified by 

Docket No. CPSC–2011–0087, through 

http://www.regulations.gov or on the 

CPSC Web site at: http://www.cpsc.gov/ 

library/foia/foia12/brief/ertlpetition.pdf 

or obtain a copy of the petition by 

writing or calling the Office of the 

Secretary, Consumer Product Safety 

Commission, Bethesda, MD 20184; 

telephone (301) 504–7923. 

Recently, however, we learned that 

part of the petition was omitted 

inadvertently from the public docket. 

Accordingly, to give interested parties a 

meaningful opportunity to comment, we 

have made the entire petition available 

for viewing through http://www.

regulations.gov or on the CPSC Web site 

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

foia12/brief/ertlpetition.pdf. Interested 

parties may also obtain a copy of the 

petition by writing or calling the Office 

of the Secretary, Consumer Product 

Safety Commission, Bethesda, MD 

20184; telephone (301) 504–7923. 

Through this notice, we are reopening 

the comment period to give all 

interested parties additional time to 

comment on the petition. Thus, the 

comment period is reopened until 

February 6, 2012. 

Dated: December 28, 2011. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–33631 Filed 1–4–12; 8:45 am] 

BILLING CODE 6355–01–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

Sunshine Act Notice 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Notice of public meeting. 

SUMMARY: Pursuant to the provisions of 

the ‘‘Government in the Sunshine Act’’ 

(5 U.S.C. 552b), and as authorized by 42 

U.S.C. 2286b, notice is hereby given of 

the Defense Nuclear Facilities Safety 

Board’s (Board) public hearing and 

meeting described below. The Board 

invites any interested persons or groups 

to present any comments, technical 

information, or data concerning safety 

issues related to the matters to be 

considered. 

DATES: Time and Date of Meeting: 

Session I: 1 p.m.–4 p.m., March 22, 

2012; Session II: 6 p.m.–9 p.m., March 

22, 2012. 

PLACE: Three Rivers Convention Center, 

7016 West Grandridge Boulevard, 

Kennewick, Washington 99352. 

STATUS: Open. While the Government in 

the Sunshine Act does not require that 

the scheduled discussion be conducted 

in a meeting, the Board has determined 

that an open meeting in this specific 

case furthers the public interests 

underlying both the Sunshine Act and 

the Board’s enabling legislation. 

MATTERS TO BE CONSIDERED: In Session I 

of this public hearing and meeting, the 

Board will receive testimony from the 

Department of Energy (DOE) and its 

contractors concerning the status of 

actions related to unresolved technical 

safety issues in the design of the Waste 

Treatment and Immobilization Plant 

(WTP). This will include actions 

discussed in DOE’s implementation 

plan for the Board’s Recommendation 

2010–2, Pulse Jet Mixing at the Waste 

Treatment and Immobilization Plant, 

issued on December 17, 2010, and 

progress in defining the infrastructure 

needs at the Tank Farms in order to 

deliver waste safely and efficiently to 

WTP. During Session II, the Board will 

receive testimony regarding the status of 

actions related to DOE’s implementation 

plan for the Board’s Recommendation 

2011–1, Safety Culture at the Waste 

Treatment and Immobilization Plant, 

which was issued on June 9, 2011. The 

Board will also examine the link 

between the safety culture of DOE and 

its contractors and the ability of the 

WTP project to identify and resolve 

technical issues, such as those 

discussed in Session I, in a timely 

manner. The public hearing portion of 

this proceeding is authorized by 42 

U.S.C. 2286b. 

FOR FURTHER INFORMATION CONTACT: 

Brian Grosner, General Manager, 

Defense Nuclear Facilities Safety Board, 

625 Indiana Avenue NW., Suite 700, 

Washington, DC 20004–2901, (800) 788– 

4016. This is a toll-free number. 

SUPPLEMENTARY INFORMATION: Public 

participation in the hearing is invited. 

The Board is setting aside time at the 

end of each session of the hearing for 

presentations and comments from the 

public. Requests to speak may be 

submitted in writing or by telephone. 

The Board asks that commenters 

describe the nature and scope of their 

oral presentations. Those who contact 

the Board prior to close of business on 

March 16, 2012, will be scheduled to 

speak at the session of the hearing most 

relevant to their presentations. At the 

beginning of Session I, the Board will 

post a schedule for speakers at the 

entrance to the hearing room. Anyone 

who wishes to comment or provide 

technical information or data may do so 

in writing, either in lieu of, or in 

addition to, making an oral 

presentation. The Board Members may 

question presenters to the extent 

deemed appropriate. Documents will be 

accepted at the hearing or may be sent 

to the Board’s Washington, DC, office. 

The Board will hold the record open 

until April 23, 2012, for the receipt of 

additional materials. The hearing will 

be presented live through Internet video 

streaming. A link to the presentation 

will be available on the Board’s Web site 

(www.dnfsb.gov). A transcript of the 

hearing, along with a DVD video 

recording, will be made available by the 

Board for inspection and viewing by the 

public at the Board’s Washington office 

and at DOE’s public reading room at the 

DOE Federal Building, 1000 

Independence Avenue SW., 

Washington, DC 20585. The Board 

specifically reserves its right to further 

schedule and otherwise regulate the 

course of the meeting and hearing, to 

recess, reconvene, postpone, or adjourn 


emcdonald on DSK5VPTVN1PROD with NOTICES