33392 Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices 

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 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 107 / Tuesday, June 4, 2013 / Notices 33393 

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. 


tkelley on DSK3SPTVN1PROD with NOTICES