Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 45301 

months of age or younger, the use and 

abuse tests set forth under the 

Commission’s regulations at 16 CFR 

1500.50 and 16 CFR 1500.51 (excluding 

the bite test of 1500.51(c)), will be used 

to evaluate accessibility of phthalatecontaining component parts of a 

children’s toy or child care article as a 

result of normal and reasonably 

foreseeable use and abuse of the 

product. 

(f) For children’s toys or child care 

articles intended for children that are 

over 18 months, but not over 36 months 

of age, the use and abuse tests set forth 

under the Commission’s regulations at 

16 CFR 1500.50 and 16 CFR 1500.52 

(excluding the bite test of 1500.52(c)), 

will be used to evaluate accessibility of 

phthalate-containing component parts 

of a children’s toy or child care article 

as a result of normal and reasonably 

foreseeable use and abuse of the 

product. 

(g) For children’s toys intended for 

children that are over 36 months, but 

not over 96 months of age, the use and 

abuse tests set forth under the 

Commission’s regulations at 16 CFR 

1500.50 and 16 CFR 1500.53 (excluding 

the bite test of 1500.53(c)), will be used 

to evaluate accessibility of phthalatecontaining component parts of a 

children’s toy as a result of normal and 

reasonably foreseeable use and abuse of 

the product. 

(h) For children’s toys intended for 

children over 96 months through 12 

years of age, the use and abuse tests set 

forth under the Commission’s 

regulations at 16 CFR 1500.50 and 16 

CFR 1500.53 (excluding the bite test of 

1500.53(c)) intended for children aged 

37–96 months will be used to evaluate 

accessibility of phthalate-containing 

component parts of a children’s toy as 

a result of normal and reasonably 

foreseeable use and abuse of the 

product. 

(i) Because the Commission proposes 

to adopt the same guidance with respect 

to inaccessibility for phthalates that was 

adopted by the Commission with regard 

to inaccessibility of lead, paint, 

coatings, and electroplating may not be 

considered a barrier that would render 

phthalate-containing component parts 

of toys and child care articles 

inaccessible. A children’s toy or child 

care article that is or contains a 

phthalate-containing part that is 

enclosed, encased, or covered by fabric 

and passes the appropriate use and 

abuse tests on such covers, is 

considered inaccessible to a child, 

unless the product or part of the 

product, in one dimension, is smaller 

than 5 centimeters. However, vinyl (or 

other plasticized material) covered 

mattresses/sleep surfaces which contain 

phthalates that are designed or intended 

by the manufacturer to facilitate sleep of 

children age 3 and younger, are 

considered accessible and would not be 

considered inaccessible through the use 

of fabric coverings, including sheets and 

mattress pads. 

(j) The intentional disassembly or 

destruction of products by children 

older than age 8 years, by means or 

knowledge not generally available to 

younger children, including use of tools, 

will not be considered in evaluating 

products for accessibility of phthalatecontaining components. 

Dated: July 26, 2012. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2012–18620 Filed 7–30–12; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR Part 226 

Establishment of the Osage Negotiated 

Rulemaking Committee 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: On June 18, 2012, the 

Department published a notice of intent 

to establish the Osage Negotiated 

Rulemaking Committee (Committee). 

The Committee will develop specific 

recommendations to address future 

management and administration of the 

Osage Mineral Estate, including 

potential revisions to the regulations 

governing leasing of Osage Reservation 

lands for oil and gas mining at 25 CFR 

part 226. This notice establishes the 

Committee, and announces a public 

meeting of the Committee. 

DATES: Meeting: Tuesday, August 21, 

2012 from 11:00 a.m. to 6:00 p.m. and 

Wednesday, August 22, 2012 from 9:00 

a.m. to 6:00 p.m. (Central Time). 

ADDRESSES: The meetings will be held at 

the Osage Mineral Council, 813 

Grandview Avenue, Pawhuska, OK 

74056. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Impson, Designated Federal 

Officer, Bureau of Indian Affairs, 

Telephone: (918) 781–4600; Fax: (918) 

781–4604, or Email: 

robert.impson@bia.gov. Include the 

words Osage Negotiated Rulemaking in 

the subject line. 

SUPPLEMENTARY INFORMATION: On 

October 14, 2011, the United States and 

the Osage Nation (formerly known as 

the Osage Tribe) signed a Settlement 

Agreement to resolve litigation 

regarding alleged mismanagement of the 

Osage Nation’s oil and gas mineral 

estate, among other claims. As part of 

the Settlement Agreement, the parties 

agreed that it would be mutually 

beneficial ‘‘to address means of 

improving the trust management of the 

Osage Mineral Estate, the Osage Tribal 

Trust Account, and Other Osage 

Accounts.’’ Settlement Agreement, 

Paragraph 1.i. The parties agreed that a 

review and revision of the existing 

regulations is warranted to better assist 

the Bureau of Indian Affairs (BIA) in 

managing the Osage Mineral Estate. The 

parties agreed to engage in a negotiated 

rulemaking for this purpose. Settlement 

Agreement, Paragraph 9.b. After the 

Committee submits its report, BIA will 

develop a proposed rule to be published 

in the Federal Register. 

Public Comments: Public comments 

were submitted nominating members of 

the Osage Minerals Council who were 

not named or were named as alternates 

in the June 18, 2012, Federal Register 

Notice. These comments generally 

expressed concern that some elected 

members of the Osage Minerals Council 

were not being allowed to participate on 

the Committee. The Department 

understands that the Osage Minerals 

Council, which is the governing body of 

the Osage Mineral Estate, voted on the 

members who would sit on the 

Committee in order of preference; 

therefore, the interests of all Council 

members will be represented by the 

members voted to serve on the 

Committee by the Osage Minerals 

Council. Additionally, alternates will 

serve on the Committee as an official 

member when a Committee member is 

absent. Nominations were also received 

naming individual Osage Headright 

holders. The Department believes that 

as members who vote for the Osage 

Minerals Council, the interests of each 

of these individuals will be adequately 

represented by those members voted to 

serve on the Committee, each of whom 

is an elected member of the Osage 

Minerals Council and empowered to 

make decisions regarding the Osage 

Minerals Estate. Public comments were 

also received nominating non-Osage 

Headright holders due to concerns that 

the Osage Minerals Council does not 

have the best interests of shareholders 

in mind. Because all shareholders 

receive the same benefit per headright 

interest, however, the Department 

believes that the Osage members of the 


emcdonald on DSK67QTVN1PROD with PROPOSALS
45302 Federal Register / Vol. 77, No. 147 / Tuesday, July 31, 2012 / Proposed Rules 

Committee, each of whom are also 

shareholders, will adequately represent 

the interest of all shareholders. It is 

relevant to note that all of the 

individuals who are not appointed to 

the Committee will have an opportunity 

to participate in the negotiated 

rulemaking by attending Committee 

meetings, submitting information and 

speaking at Committee meetings during 

the public comment sessions. Some of 

the comments nominating the various 

individuals also raised issues with the 

Osage Constitution and role of the BIA 

in managing the Osage Mineral Estate. 

These issues are not relevant to the 

nomination and appointment of 

members to the Committee. In any 

event, the Osage Nation operates 

pursuant to a duly enacted Constitution 

dated March 11, 1996. Additionally, the 

goal of the negotiated rulemaking is to 

provide recommendations to improve 

BIA’s management and administration 

of the Osage Mineral Estate. 

Certification and Establishment of 

Committee: Therefore, in accordance 

with the provisions of the Federal 

Advisory Committee Act (FACA), as 

amended (5 USC Appendix 2), and with 

the concurrence of the General Services 

Administration, the Department of the 

Interior is announcing the establishment 

of the Osage Negotiated Rulemaking 

Committee. The Committee will report 

to the Secretary of the Interior through 

the Designated Federal Officer. The 

Bureau of Indian Affairs will provide 

administrative and logistical support to 

the Committee. The members are those 

individuals identified in the Notice of 

Intent published on June 18, 2012. 

Public Meeting Information 

Meeting Agenda: At the first meeting, 

the Commission will be receiving 

informational briefings, discussing its 

goals and procedures, developing a 

meeting schedule and work plan, and 

reviewing the existing regulations and 

topics required to be included in the 

negotiated rulemaking pursuant to the 

Settlement Agreement. The public will 

be able to make comments on Tuesday, 

August 21 from 3:00 p.m. to 4:30 p.m.; 

and Wednesday, August 22, 2012, from 

1:00 p.m. to 2:30 p.m. The final agenda 

will be posted on www.bia.gov/ 

osageregneg prior to the meeting. 

Public Input: Interested members of 

the public may present, either orally or 

through written comments, information 

for the Committee to consider during 

the public meeting. Speakers who wish 

to expand their oral statements, or those 

who had wished to speak, but could not 

be accommodated during the public 

comment period, are encouraged to 

submit their comments in written form 

to the Committee after the meeting. 

Individuals or groups requesting to 

make comments at the public 

Committee meeting will be limited to 5 

minutes per speaker. Interested parties 

should contact Mr. Robert Impson, 

Designated Federal Officer, in writing 

(preferably via email), by August 17, 

2012 (See FOR FURTHER INFORMATION

CONTACT), to be placed on the public 

speaker list for this meeting. 

In order to attend this meeting, you 

must register by close of business 

August 17, 2012. The meeting location 

is open to the public, and current, 

government-issued, photo ID is required 

to enter. Space is limited, so all 

interested in attending should preregister. Please submit your name, time 

of arrival, email address and phone 

number to Mr. Robert Impson via email 

at robert.impson@bia.gov or by phone at 

(918) 781–4600. 

Certification Statement: I hereby 

certify that the establishment of the 

Osage Negotiated Rulemaking 

Committee is necessary, is in the public 

interest and is established under the 

authority of the Secretary of the Interior. 

Dated: July 26, 2012. 

Ken Salazar, 

Secretary, Department of the Interior. 

[FR Doc. 2012–18674 Filed 7–30–12; 8:45 am] 

BILLING CODE 4310–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2012–0388; FRL–9705–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; West 

Virginia; Prevention of Significant 

Deterioration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

revisions to the West Virginia State 

Implementation Plan (SIP), submitted 

by the West Virginia Department of 

Environmental Protection (WVDEP) on 

August 31, 2011. These revisions 

pertaining to West Virginia’s Prevention 

of Significant Deterioration (PSD) 

program incorporate preconstruction 

permitting regulations for fine 

particulate matter (PM2.5) and 

Greenhouse Gases (GHGs) into the West 

Virginia SIP. In addition, EPA is 

proposing to approve these revisions 

and portions of other related 

submissions for the purpose of 

determining that West Virginia has met 

its statutory obligations with respect to 

the infrastructure requirements of the 

Clean Air Act (CAA) which relate to 

West Virginia’s PSD permitting program 

and are necessary to implement, 

maintain, and enforce the 1997 PM2.5

and ozone National Ambient Air 

Quality Standards (NAAQS), the 2006 

PM2.5 NAAQS, and the 2008 lead and 

ozone NAAQS. EPA is proposing to 

approve these revisions in accordance 

with the requirements of the CAA. 

DATES: Written comments must be 

received on or before August 30, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2012–0388 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: cox.kathleen@epa.gov. 

C. Mail: EPA–R03–OAR–2012–0388, 

Kathleen Cox, Associate Director, Office 

of Permits and Air Toxics, Mailcode 

3AP10, U.S. Environmental Protection 

Agency, Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2012– 

0388. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 


emcdonald on DSK67QTVN1PROD with PROPOSALS