25256 Federal Register / Vol. 78, No. 83 / Tuesday, April 30, 2013 / Notices 

migratory pelagics. The Panel will 

provide input to the Gulf Council on 

preferred actions and alternatives for 

both amendments, and will suggest 

which actions and alternatives need not 

be considered further. These 

recommendations will be provided to 

the Gulf Council at their June 2013 

meeting in Pensacola, FL. 

Copies of the agenda and other related 

materials can be obtained by calling 

(813) 348–1630. 

Although other non-emergency issues 

not on the agenda may come before the 

Advisory Panel for discussion, in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act, those issues may not be the subject 

of formal action during this meeting. 

Actions of the Advisory Panel will be 

restricted to those issues specifically 

identified in the agenda and any issues 

arising after publication of this notice 

that require emergency action under 

Section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the Council’s intent to take 

action to address the emergency. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Kathy Pereira at the Council (see 

ADDRESSES) at least 5 working days prior 

to the meeting. 

Dated: April 25, 2013. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–10092 Filed 4–29–13; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XC648 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

scheduling a joint public meeting of its 

Groundfish Committee and Habitat 

Committee on May 17, 2013 to consider 

actions affecting New England fisheries 

in the exclusive economic zone (EEZ). 

Recommendations from this group will 

be brought to the full Council for formal 

consideration and action, if appropriate. 

DATES: This meeting will be held on 

Friday, May 17, 2013 at 9 a.m. 

ADDRESSES: 

Meeting address: The meeting will be 

held at the Sheraton Harborside Hotel, 

250 Market Street, Portsmouth, NH 

03801; telephone: (603) 431–2300; fax: 

(603) 433–5649. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Nies, Executive Director, 

New England Fishery Management 

Council; telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The 

Groundfish and Habitat Committees will 

convene jointly to continue 

development of alternatives for 

inclusion in Omnibus Essential Fish 

Habitat Amendment 2. The Committees 

will receive a report from the Closed 

Area Technical Team and Habitat Plan 

Development Team with technical 

advice about integrating Habitat 

Management and Juvenile Groundfish 

Habitat Management Options, including 

a summary of various evaluation 

metrics. The Committees will provide 

guidance about packaging options into 

alternatives. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

listed in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Thomas A. Nies, Executive Director, at 

(978) 465–0492, at least 5 days prior to 

the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 25, 2013. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–10143 Filed 4–29–13; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket Number: CPSC–2013–0016] 

Petition Requesting Exception From 

Lead Content Limits: BIC USA Inc. 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (Commission or CPSC) 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 from BIC USA Inc. 

(BIC). We invite written comments 

concerning the petition. 

DATE: Submit comments by May 30, 

2013. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2013– 

0016, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments to the Federal 

eRulemaking Portal at: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

The Commission does not accept 

comments submitted by electronic mail 

(email), except through 

www.regulations.gov. The Commission 

encourages you to submit electronic 

comments by using the Federal 

eRulemaking Portal, as described above. 

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, 

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, 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 

that you do not want to be available to 

the public. 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, and insert the 

docket number, CPSC–2013–0016, into 

the ‘‘Search’’ box, and follow the 

prompts. 


pmangrum on DSK3VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 83 / Tuesday, April 30, 2013 / Notices 25257 

FOR FURTHER INFORMATION CONTACT: 

Kristina Hatlelid, Ph.D., M.P.H., 

Directorate for Health Sciences, 

Consumer Product Safety Commission, 

5 Research Pl, Rockville, MD 20850; 

email: khatlelid@cpsc.gov; telephone: 

301–987–2558. 

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 lead content limits 

under certain circumstances. The 

exception allows the CPSC, on the 

Commission’s 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, the 

Commission determines 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. 

In November 2012, CPSC staff issued a 

report, which found that, for the 

purposes of evaluating children’s 

products for an exception from the 

CPSIA lead limit, a product will have no 

measurable adverse effect on public 

health or safety if a potential exposure 

to lead from the product is estimated to 

result in an increase in a child’s blood 

lead level of less than 0.8 mg/dL. The 

level of exposure that would be 

associated with such an increase is 

approximately 2.2 mg per day. That 

report may be viewed at: http:// 

www.cpsc.gov/PageFiles/133902/ 

lead101.pdf. 

Given the highly technical nature of 

the information required for an 

exception, including data on the lead 

content of the product and test methods 

used to obtain those data, the 

Commission finds that notice of the 

petition and solicitation for written 

comments would provide the most 

efficient process for providing an 

adequate opportunity for all interested 

parties to participate in the proceeding. 

However, the Commission may hold a 

public hearing or public meeting if the 

Commission deems a public hearing or 

public meeting appropriate and 

necessary to determine whether the 

petition for a functional purpose 

exception should be granted. 

On March 25, 2013, BIC submitted a 

petition requesting an exception from 

the lead content limit of 100 ppm under 

section 101(b) of the CPSIA for a new 

line of writing instrument products 

aimed at children age 5 and up (BIC 

Children’s Pen) to address the needs of 

young children who are in the early 

stages of learning to write. BIC 

specifically requests the functional 

purpose exemption for the point 

component of the BIC Children’s Pen. 

The accessible portion of the nickel 

silver points assembly that BIC proposes 

to use in its BIC Children’s Pen contains 

total lead of approximately 8720 ppm 

(point and point support subassembly). 

According to BIC, all of the other 

accessible components of the BIC 

Children’s Pen contain total lead below 

100 ppm. 

BIC contends that removing or making 

excess lead inaccessible in 

manufacturing the BIC Children’s Pen is 

neither practicable nor technologically 

feasible. BIC states that if BIC were to 

change the metal alloy to reduce the 

lead content to below 100 ppm, millions 

of dollars in high-speed manufacturing 

equipment would require retooling and 

use of cutting oil to produce the points, 

requiring significant resources and 

capital. In addition, BIC asserts that 

adjusting manufacturing processes in 

this way would result in lower point 

manufacturing productivity and a 

reduction in machine speeds and 

machine cycling. 

BIC further states that the only metal 

alloy available for pen points that 

contain lead below 100 ppm is stainless 

steel. However, BIC does not produce 

stainless steel points in any of its 

factories. According to BIC, stainless 

steel points are more commonly used 

with water-based inks typically found in 

roller ball pens and gel ink pens. The 

BIC Children’s Pen will not contain a 

water-based ink; rather, the pen will 

contain a solvent-based ink that is used 

in BIC’s ballpoint pens. 

BIC also contends that the BIC 

Children’s Pen point is not likely to be 

placed in the mouth or ingested. 

According to BIC, the BIC Children’s 

Pen is designed without a cap, clip, or 

pen body that can be opened. In 

addition, the point is securely adhered 

to the ink cartridge, and therefore, the 

point is not easily detachable, and the 

point is retractable. BIC states that the 

frequency of mouthing of objects by 

children who are intended to use the 

BIC Children’s Pen is relatively low for 

the user age group (ages 5¥12), and 

because the pen point is sharp, children 

will not mouth the pen point end of the 

product. 

Finally, BIC asserts that granting an 

exception will have no measurable 

adverse effect on public health or safety, 

taking into account normal and 

foreseeable use and abuse because the 

potential exposure to the pen point 

would have no measurable increase in 

blood lead levels of a child. According 

to BIC, a child’s fingers would not likely 

be in contact with the pen point during 

normal use conditions, and the point 

would be extremely difficult to grip. In 

addition, BIC states that a wipe test of 

the pen point shows that even in a worst 

case analysis (assuming purposeful 

dermal contact), the potential exposure 

to lead would be 0.31 mg/day, which is 

far less than the CPSC staff 

recommendation that 2.2 mg/day can be 

used in a determination of a 

‘‘measurable increase’’ in blood lead 

levels of a child. 

Through this notice, we invite written 

comments on the petition. Interested 

parties may view a copy of the petition 

under supporting and related materials 

identified by Docket No. CPSC–2013– 

0016, through http:// 

www.regulations.gov. Interested parties 

also may obtain a copy of the petition 

by writing or calling the Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, MD 20184; email: 

cpsc-os@cpsc.gov, telephone 301–504– 

7923. 

Dated: April 25, 2013. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2013–10093 Filed 4–29–13; 8:45 am] 

BILLING CODE 6355–01–P 


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