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

E STIMATED 

### ANNUAL 

### R EPORTING 

### B URDEN

### —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


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

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 undersection 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 aremanufactured 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