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level physiological effects (Level B harassment) of small numbers of certain species of marine mammals. See Table 3 for the requested authorized take
numbers of marine mammals.

Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses

Section 101(a)(5)(D) of the MMPA also requires NMFS to determine that
the authorization will not have an unmitigable adverse effect on the availability of marine mammal species
or stocks for subsistence use. There are
no relevant subsistence uses of marine mammals in the study area (in the deep water of the northwest GOM) that implicate MMPA section 101(a)(5)(D).

Endangered Species Act

Of the species of marine mammals that may occur in the survey area, several are listed as endangered under the ESA, including the North Atlantic right, humpback, sei, fin, blue, and sperm whales. USGS did not request take of endangered North Atlantic right, humpback, sei, fin, and blue whales due to the low likelihood of encountering this species during the cruise. Under section 7 of the ESA, USGS has initiated formal consultation with the NMFS, Office of Protected Resources, Endangered Species Act Interagency Cooperation Division, on this seismic survey. NMFS’s Office of Protected Resources, Permits and Conservation Division, has also initiated and engaged
in formal consultation under section 7
of the ESA with NMFS’s Office of Protected Resources, Endangered Species Act Interagency Cooperation Division, on the issuance of an IHA under section 101(a)(5)(D) of the MMPA for this activity. These two
consultations were consolidated and addressed in a single Biological Opinion addressing the direct and indirect effects of these interdependent actions. In April 2013, NMFS issued a Biological Opinion and concluded that the action and issuance of the IHA are not likely to jeopardize the continued existence of
cetaceans and sea turtles and included an Incidental Take Statement (ITS) incorporating the requirements of the
IHA as Terms and Conditions of the ITS is likewise a mandatory requirement of the IHA. The Biological Opinion also concluded that designated critical habitat of these species does not occur
in the action area and would not be affected by the survey.

National Environmental Policy Act

To meet NMFS’s NEPA requirements for the issuance of an IHA to USGS, USGS provided NMFS an ‘‘Environmental Assessment and
Determination Pursuant to the National Environmental Policy Act, 42 U.S.C.

4321 et seq. and Executive Order 12114 Low-Energy Marine Seismic Survey by the U.S. Geological Survey in the Deepwater Gulf of Mexico, April–May 2013,’’ which incorporates a draft
‘‘Environmental Assessment of LowEnergy Marine Geophysical Survey by the U.S. Geological Survey in the Northwestern Gulf of Mexico, April– May 2013,’’ prepared by LGL Ltd.,
Environmental Research Associates on behalf of USGS. The EA analyzes the direct, indirect, and cumulative environmental impacts of the specified activities on marine mammals including those listed as threatened or endangered under the ESA. NMFS has fully evaluated the potential direct, indirect,
and cumulative effects on the human environment prior to making a final decision on the IHA application and deciding whether or not to issue a Finding of No Significant Impact (FONSI). After considering the EA, the information in the IHA application, Biological Opinion, and the Federal Register notice, as well as public comments, NMFS has determined that the issuance of the IHA is not likely to result in significant impacts on the human environment and has prepared a FONSI. An Environmental Impact Statement is not required and will not be prepared for the action.

Authorization

NMFS has issued an IHA to USGS for the take, by Level B harassment, of
small numbers of marine mammals incidental to conducting a low-energy marine seismic survey in the deep water of the northwestern GOM, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated.

Dated: May 30, 2013.
Helen Golde, Deputy Director, Office of Protected Resources, National Marine Fisheries Service.

[FR Doc. 2013–13185 Filed 6–3–13; 8:45 am]

**BILLING CODE 3510–22–P**

**CONSUMER PRODUCT SAFETY**
**COMMISSION**

**Public Availability of Consumer Product Safety Commission FY 2012**  **Service Contract Inventory**

**AGENCY :**  Consumer Product Safety

Commission.

**ACTION :**  Notice.

**SUMMARY :**  The Consumer Product Safety Commission (CPSC or we), in accordance with section 743(c) of
Division C of the Consolidated Appropriations Act, 2010 (Pub. L. 111– 117, 123 Stat. 3034, 3216), is announcing the availability of CPSC’s service contract inventory for fiscal year (FY) 2012. This inventory provides
information on service contract actions over $25,000 that CPSC made in FY

2012.

**FOR FURTHER INFORMATION CONTACT :**  Donna Hutton, Director, Division of Procurement Services, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814. Telephone: 301–504–7009; email: dhutton@cpsc.gov.

**SUPPLEMENTARY INFORMATION :**  On December 16, 2009, the Consolidated Appropriations Act, 2010 (Consolidated Appropriations Act), Public Law 111– 117, became law. Section 743(a) of the Consolidated Appropriations Act, titled, ‘‘Service Contract Inventory Requirement,’’ requires agencies to submit to the Office of Management and Budget (OMB) an annual inventory of
service contracts awarded or extended through the exercise of an option on or after April 1, 2010, and describes the contents of the inventory. The contents of the inventory must include:

(A) A description of the services purchased by the executive agency and the role the services played in achieving agency objectives, regardless of whether such a purchase was made through a contract or task order;

(B) The organizational component of the executive agency administering the contract, and the organizational component of the agency whose requirements are being met through contractor performance of the service;

(C) The total dollar amount obligated
for services under the contract and the funding source for the contract;

(D) The total dollar amount invoiced for services under the contract;

(E) The contract type and date of award;

(F) The name of the contractor and place of performance;

(G) The number and work location of contractor and subcontractor employees, expressed as full-time equivalents for direct labor, compensated under the

contract;

(H) Whether the contract is a personal services contract; and

(I) Whether the contract was awarded on a noncompetitive basis, regardless of
date of award. Section 743(a)(3)(A) through (I) of the Consolidated Appropriations Act. Section 743(c) of the Consolidated Appropriations Act requires agencies to ‘‘publish in the Federal Register a notice


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that the inventory is available to the public.’’

Consequently, through this notice, we are announcing that the CPSC’s service contract inventory for FY 2012 is available to the public. The inventory provides information on service contract actions over $25,000 that CPSC made in FY 2012. The information is organized by function to show how contracted resources are distributed throughout the CPSC. We developed the inventory in accordance with guidance issued on December 19, 2011 by the OMB. (The OMB guidance is available at: http:// www.whitehouse.gov/sites/default/files/omb/procurement/memo/servicecontract-inventories-guidance11052010.pdf. ) The CPSC’s Division of Procurement Services has posted its inventory, and a summary of the inventory can be found at our homepage at the following link: http://www.cpsc.gov/About-CPSC/AgencyReports/Service-Contract-Inventory/

.

Dated: May 30, 2013.

Todd A. Stevenson, Secretary, Consumer Product Safety

Commission.

[FR Doc. 2013–13164 Filed 6–3–13; 8:45 am]

**BILLING CODE 6355–01–P**

**CONSUMER PRODUCT SAFETY**
**COMMISSION**

**[Docket No. CPSC–2013–0022]**

**Petition Requesting a Ban or Standard**
**on Adult Portable Bed Rails**

**AGENCY :**  Consumer Product Safety

Commission.

**ACTION :**  Notice.

**SUMMARY :**  The Consumer Product Safety Commission (CPSC or Commission) has received two requests, asking that the Commission initiate proceedings under
section 8 of the Consumer Product Safety Act (CPSA) to determine that adult portable bed rails pose an unreasonable risk of injury and initiate related rulemaking under section 9 of the CPSA. Because both requests ask for rulemaking concerning the same product, CPSC is considering the requests as a single petition (CP13–1).
The Commission invites written comments concerning the petition.

**DATES :**  The Office of the Secretary must receive comments on the petition by August 5, 2013.

**ADDRESSES :**  You may submit comments, identified by Docket No. CPSC–2013– 0022, 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–2013–0022, into the ‘‘Search’’ box, and follow the prompts. A copy of the petition is
available at http://www.regulations.gov under Docket No. CPSC–2013–0022, Supporting and Related Materials.

**FOR FURTHER INFORMATION CONTACT :**  Rockelle Hammond, Office of the Secretary, U.S. Consumer Product Safety Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–6833.

**SUPPLEMENTARY INFORMATION :**  The Commission received two requests to initiate proceedings under section 8 of the Consumer Product Safety Act (CPSA) to determine that adult portable bed rails pose an unreasonable risk of injury and initiate related rulemaking
under section 9 of the CPSA. See 15 U.S.C. 2057 and 2058. Gloria Black, the Consumer Federation of America, and 60 other organizations (Consumer Group) made one request; Public Citizen made the other request (collectively referred to as petitioners). The CPSC has docketed the requests as a single petition.

Petitioners assert that adult portable bed rails currently on the market are responsible for many injuries and deaths among users, particularly the elderly and frail. Petitioners state that many of these deaths result from asphyxiation caused by entrapment within openings of the rail or between
the rail and the mattress or bed frame. In addition, petitioners claim that individuals who attempt to climb over bed rails may be at greater risk of injury or death than they would be if no rail were used at all. In support of their request, petitioners cite a CPSC memorandum dated October 11, 2012,
‘‘Adult Portable Bed Rail-Related Deaths, Injuries, and Potential Injuries: January 2003 to September 2012.’’ According to petitioners, the CPSC’s
data showed that there were 155 fatalities, of which 129 involved victims ages 60 years and over; most of the fatalities related to rail entrapment. In addition, petitioners state that the CPSC found an estimated 36,900 adult portable bed rail-related injuries that were treated in U.S. hospital emergency departments from January 2003 to
December 2011.

Petitioners request that the CPSC initiate proceedings under section 8 of
the CPSA that would ban all adult portable bed rails because, they assert, the product presents an unreasonable risk of injury and no feasible consumer product safety standard would adequately protect the public from these products. Public Citizen contends that no mandatory standard or warnings could be developed that would adequately protect against the hazards presented by adult portable bed rails. The Consumer Group, however, states that if the CPSC does not pursue a ban,
the Commission should initiate a rulemaking to promulgate mandatory standards under section 9 of the CPSA,
to reduce the unreasonable risk of asphyxiation and the entrapment hazards posed by adult portable bed rails, and to include warning labels in the standards. The Consumer Group also requests action under section 27(e) of the CPSA to require manufacturers of adult portable bed rails to provide performance and technical data regarding the safety of their products.

In addition, petitioners request a public recall notice and refund for all adult portable bed rails under section 15 of the CPSA. However, the Commission may docket as petitions only requests
for action that the Commission is authorized to take through the issuance, amendment, or revocation of rules. 16 CFR 1051.2(a). Accordingly, the recall and refund requested by petitioners are outside the scope of a rulemaking proceeding and will be forwarded to the CPSC Office of Compliance and Field Operations for review.