Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 70975 

Summary of Monitoring, Reporting, 

and other Requirements Under the 2010 

LOA Annual Exercise Reports 

The Navy submitted their classified 

and unclassified 2010 exercise reports 

within the required timeframes and the 

unclassified report is posted on NMFS 

Web site: http://www.nmfs.noaa.gov/pr/ 

permits/incidental.htm. NMFS has 

reviewed both reports and they contain 

the information required by the 2010 

LOA. The reports indicate the amounts 

of different types of training that 

occurred from November 12, 2010, to 

May 1, 2011. The Navy conducted zero 

Sinking Exercises (SINKEX) and all 

other exercise types conducted 

(classified data) fell within the amount 

indicated in the LOA. 

2010 Monitoring 

The Navy conducted the monitoring 

required by the 2010 LOA and described 

in the Monitoring Plan, which included 

passive acoustic monitoring utilizing 

high-frequency acoustic recording 

packages (HARPs) and marine mammal 

tagging and tracking. The Navy 

submitted their 2010 Monitoring Report, 

which is posted on NMFS’ Web site 

(http://www.nmfs.noaa.gov/pr/permits/

incidental.htm), within the required 

timeframe. Because data is gathered 

through May 1 and the report is due in 

July, some of the data analysis will 

occur in the subsequent year’s report. 

Navy-funded marine mammal 

monitoring accomplishments within 

NWTRC for the past year consisted of 

the following: 

Passive Acoustic Monitoring 

Two high-frequency acoustic 

monitoring packages (HARP) were 

deployed by Scripps Institute of 

Oceanography (SIO) within the NWTRC. 

The first HARP was deployed in January 

2011 approximately 25 nm from the 

coast in the southern part of NOAA’s 

Olympic Coast National Marine 

Sanctuary. SIO has had HARPs in the 

same approximate location periodically 

since 2004. A second HARP was 

deployed in May 2011 near the edge of 

an underwater canyon west of the 

Olympic Coast National Marine 

Sanctuary boundary. Vocalization data 

from these HARPs is currently 

undergoing analysis by SIO and results 

will be presented in next year’s 

Monitoring Report. 

Tagging 

The Navy purchased a total of 10 

satellite tracking tags suitable for 

deployment on a number of marine 

mammal species within the NWTRC. 

Field deployment for tagging marine 

mammals should occur before the end 

of summer 2011 and will result in a 

three-year joint project between the 

Navy, NMFS, Cascadia Research 

Collective, Washington Department of 

Fish and Wildlife, and Oregon 

Department of Fish and Wildlife. 

In conclusion, the Navy successfully 

implemented the monitoring 

requirements for the NWTRC by the end 

of the first monitoring period. Over the 

next year, the Navy will continue to 

maintain the two HARPs that are 

currently in the water, while analyzing 

and presenting results from previously 

recorded data. Furthermore, the Navy 

will continue the joint tagging study of 

marine species within the NWTRC. 

Adaptive Management 

The Navy’s adaptive management of 

the NWTRC monitoring program 

involves close coordination with NMFS 

to align marine mammal monitoring 

with the overall objectives of the 

monitoring plan. Monitoring under the 

2010 LOA only represents the beginning 

of the first year of a planned five-year 

effort. Therefore, it would be premature 

to draw detailed conclusions or initiate 

comprehensive monitoring changes 

before more monitoring and data 

analysis is complete. 

Authorization 

The Navy complied with the 

requirements of the 2010 LOA. Based on 

our review of the record, NMFS has 

determined that the marine mammal 

take resulting from the 2010 military 

readiness training and research 

activities falls within the levels 

previously anticipated, analyzed, and 

authorized. Further, the level of taking 

authorized in 2011 for the Navy’s 

NWTRC activities is consistent with our 

previous findings made for the total 

taking allowed under the NWTRC 

regulations. Finally, the record supports 

NMFS’ conclusion that the total number 

of marine mammals taken by the 2010 

activities in the NWTRC will have no 

more than a negligible impact on the 

affected species or stock of marine 

mammals and will not have an 

unmitigable adverse impact on the 

availability of these species or stocks for 

taking for subsistence uses. 

Accordingly, NMFS has issued an LOA 

for Navy training and research activities 

conducted in the NWTRC from 

November 12, 2011, through November 

11, 2012. 

Dated: November 9, 2011. 

James H. Lecky, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2011–29614 Filed 11–15–11; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket Number: CPSC–2011–0087] 

Petition Requesting Exception From 

Lead Content Limits 

AGENCY: 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 

invite written comments concerning the 

petition. 

DATES: Submit comments by December 

16, 2011. 

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, Consumer Product Safety 

Commission, 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 

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., 

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70976 Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Notices 

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 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 

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., Corporate office of divisions: 

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 die-cast rideon pedal tractors, scaled for children 

ages 3–10. 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 die-casting 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 up to 

the 300 ppm lead content limit. 

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–2011– 

0087, through http:// 

www.regulations.gov or on the CPSC 

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

library/foia/foia12/brief/ertlpetition.pdf. 

Interested parties also may 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. 

Dated: November 9, 2011. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2011–29504 Filed 11–15–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2011–OS–0125] 

Proposed Collection; Comment 

Request 

AGENCY: Defense Security Service, DoD. 

ACTION: Notice. 

SUMMARY: In compliance with Section 

3506 (c) (2) (A) of the Paperwork 

Reduction Act of 1995, the Defense 

Security Service (DSS) announces the 

proposed extension of a public 

information collection and seeks public 

comments on the provision thereof. 

Comments are invited on: (a) Whether 

the proposed collection is necessary for 

the proper performance of the functions 

of the agency, including whether the 

information shall have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the information to be 

collected; and (c) ways to enhance the 

quality, utility and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

information collection on respondents, 

including through the use of automated 

collection techniques or other forms of 

information technology. 

DATES: Consideration will be given to all 

comments received by January 17, 2012. 

ADDRESS: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal Rule Making Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd Floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include agency name, docket 

number and title for this Federal 

Register document. The general policy 

of comments and other submissions 

from members of the public is to make 

these submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contract 

information. 

FOR FURTHER INFORMATION CONTACT: To 

request more information on this 

proposed data collection or obtain a 

copy of the proposal and associated 

collection instrument, please write to 

Defense Security Service, OCIO, Attn: 

Mr. Prakash Kollaram, Russell-Knox 

Building, 27130 Telegraph Road, 

Quantico, VA 22134–2253, or call 

Defense Security Service at (571) 305– 

6445. 

Title, Associated Form, and OMB 

Number: ‘‘Department of Defense 

Security Agreement,’’ ‘‘Appendage to 

Department of Defense Security 

Agreement,’’ ‘‘Certificate Pertaining to 

Foreign Interests;’’ DD Forms, 441, 

441–1 and SF 328; OMB No. 0704–0194. 

Needs and Uses: Executive Order (EO) 

12829, ‘‘National Industrial Security 

Program (NISP),’’ stipulates that the 

Secretary of Defense shall serve as the 

Executive Agent for inspecting and 

monitoring the contractors, licensees, 

and grantees who require or will require 

access to or, who store or will store 

mstockstill on DSK4VPTVN1PROD with NOTICES