39666 Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 

per year. Up to 90 right whales may be 

incidentally harassed during the 

research. The research will take place 

along the eastern seaboard of the U.S. 

and the permit is issued for five years. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), an environmental 

assessment (EA) was prepared analyzing 

the effects of the permitted activities on 

the human environment. Based on the 

analyses in the EA, NMFS determined 

that issuance of the permit would not 

significantly impact the quality of the 

human environment and that 

preparation of an environmental impact 

statement was not required. That 

determination is documented in a 

Finding of No Significant Impact 

(FONSI), signed on July 1, 2010. 

Issuance of this permit, as required by 

the ESA, was based on a finding that 

such permit: (1) was applied for in good 

faith; (2) will not operate to the 

disadvantage of such endangered 

species; and (3) is consistent with the 

purposes and policies set forth in 

section 2 of the ESA. 

Dated: July 6, 2010. 

Tammy C. Adams, 

Acting Chief, Permits, Conservation and 

Education Division, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2010–16921 Filed 7–9–10; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No.CPSC–2010–0071] 

Petition Requesting Revision of Bunk 

Bed Standard To Incorporate 

Requirements for Head and Neck 

Entrapment Testing in Spaces Created 

by Side Structures, Including Ladders 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission,’’ ‘‘CPSC,’’ or 

‘‘we’’) received a petition requesting the 

Commission to initiate a rulemaking to 

revise the Commission’s regulations 

regarding bunk beds, codified under 

both the Consumer Product Safety Act 

(‘‘CPSA’’) and the Federal Hazardous 

Substances Act (‘‘FHSA’’) at 16 CFR 

1213, 1500, and 1513 (the ‘‘Bunk Bed 

Standard’’), to incorporate requirements 

for head and neck entrapment testing in 

spaces created by side structures that 

are provided with a bunk bed, including 

ladders. The Commission invites 

written comments concerning this 

petition to initiate a rulemaking to 

revise the Bunk Bed Standard. 

DATES: Comments on the petition must 

be received by September 10, 2010. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2010– 

0071, by any of the following methods: 

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 (e-mail) except through 

http://www.regulations.gov. 

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 

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: 

Rocky Hammond, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland, 20814; telephone 

(301) 504–6833, e-mail 

rhammond@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

The Commission received a petition 

from Carol Pollack-Nelson, PhD of 

Independent Safety Consulting 

(‘‘Petitioner’’) requesting that the 

Commission initiate a rulemaking to 

revise the regulations related to bunk 

beds, codified at 16 CFR parts 1213, 

1500, and 1513 (‘‘Bunk Bed Standard’’), 

to incorporate requirements for head 

and neck entrapment testing in spaces 

created by side structures that are 

provided with a bunk bed, including 

ladders. The Commission regulates 

bunk beds under both the Federal 

Hazardous Substances Act (‘‘FHSA’’) (16 

CFR 1500 and 1513), for bunk beds 

intended for use by children, and the 

Consumer Product Safety Act (‘‘CPSA’’) 

(16 CFR 1213), for bunk beds not 

specifically intended for children. The 

regulations under both statutes are 

virtually identical. 

Petitioner acknowledges that the risk 

of injury caused by head and neck 

entrapment in the end structures of 

bunk beds is quite low in compliant 

products because of the Bunk Bed 

Standard, but argues that same risk of 

injury continues to exist with regard to 

the space between a ladder and the side 

of the bed, which the standard does not 

address. The petition identifies 3 

fatalities, and 4 other incidents of 

children whose head and/or neck were 

entrapped between the side of the bed 

and a bunk bed ladder. The hazard 

purportedly arises from the potential 

that a child’s neck may become 

entrapped if the ‘‘child’s head is able to 

pass (partially) through the space 

created by a horizontal ladder rung and 

the top of the mattress, [and] the neck 

* * * drop[s] into the gap between the 

vertical ladder post and the side of the 

mattress * * *. Further contributing to 

the hazard pattern is the fact that the 

child’s chin hooks over the vertical post 

of the ladder and is pinned at the back 

of the head by the mattress. The weight 

of the body outside the bed pulls the 

head and neck against the vertical 

ladder post. All of these factors together 

contribute to the neck entrapment and 

resulting strangulation.’’ Petitioner states 

that assessing the entrapment hazard 

requires use of a neck probe that 

simulates the dimensions of the smallest 

user’s neck. Using anthropometry data 

collected on children in the United 

States, the Petitioner argues that any 

space greater than 1.9 in (4.8 cm) can 

pose a risk of neck entrapment in bunk 

bed side structures. 

Petitioner concludes that, while the 

hazard of head and neck entrapment on 

bunk beds and the methods of testing 

for a potential hazard are known to the 

industry, and data on injuries involving 

side structures have been on record with 

the CPSC for decades, the hazard of side 

structure entrapments on bunk beds has 

not been addressed in the Bunk Bed 

Standard. Petitioner argues that deaths 

have occurred and will continue to 

occur unless the Bunk Bed Standard is 

revised to include testing for head and 

neck entrapment in spaces created by 

side structures. 

Interested parties may obtain a copy 

of the petition by writing or calling the 

Office of the Secretary, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814; 

telephone (301) 504–6833. The petition 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 132 / Monday, July 12, 2010 / Notices 39667 

is also available on the CPSC Web site 

at http://www.cpsc.gov. 

Dated: July 6, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–16918 Filed 7–9–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Availability for Non-Exclusive or 

Partially Exclusive Licensing of a U.S. 

Patent Application 

AGENCY: Department of the Army, DoD. 

ACTION: Notice. 

SUMMARY: Announcement is made of the 

availability for licensing of the 

invention set forth in U.S. Patent 

7,632,659, which issued on December 

15, 2009, entitled ‘‘Use of Shigella 

Invaplex to Transport Functional 

Proteins and Transcriptionally Active 

Nucleic Acids Across Mammalian Cell 

Membranes In Vitro and In Vivo,’’ and 

U.S. Patent Application Serial No. 12/ 

563,794, entitled ‘‘Use of Shigella 

Invaplex to Transport Functional 

Proteins and Transcriptionally Active 

Nucleic Acids Across Mammalian Cell 

Membranes In Vitro and In Vivo,’’ filed 

September 21, 2009. U.S. Patent 

Application Serial No. 12/563,794 is a 

continuation application of U.S. Patent 

7,632,659. Foreign rights are also 

available for licensing (PCT/US2004/ 

039100). The United States Government, 

as represented by the Secretary of the 

Army, has rights to this invention. 

ADDRESSES: Commander, U.S. Army 

Medical Research and Materiel 

Command, ATTN: Command Judge 

Advocate, MCMR–JA, 504 Scott Street, 

Fort Detrick, Frederick, MD 21702– 

5012. 

FOR FURTHER INFORMATION CONTACT: For 

patent issues, Ms. Elizabeth Arwine, 

Patent Attorney, (301) 619–7808. For 

licensing issues, Dr. Paul Mele, Office of 

Research and Technology Applications 

(ORTA), (301) 619–6664, both at telefax 

(301) 619–5034. 

SUPPLEMENTARY INFORMATION: The 

inventions relate to the use of Invaplex 

to transport materials, including 

functional proteins and biologically 

active nucleic acids, across eukaryotic 

cell membranes. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 2010–16889 Filed 7–9–10; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Availability for Non-Exclusive or 

Partially Exclusive Licensing of a U.S. 

Patent Application 

AGENCY: Department of the Army, DoD. 

ACTION: Notice. 

SUMMARY: Announcement is made of the 

availability for licensing of the 

invention set forth in U.S. Patent 

Application Serial No. 11/727,486, 

entitled ‘‘Artificial Invaplex,’’ filed 

March 27, 2007. Foreign rights are also 

available for licensing (PCT/US2007/ 

007482). The United States Government, 

as represented by the Secretary of the 

Army, has rights to this invention. 

ADDRESSES: Commander, U.S. Army 

Medical Research and Materiel 

Command, ATTN: Command Judge 

Advocate, MCMR–JA, 504 Scott Street, 

Fort Detrick, Frederick, MD 21702– 

5012. 

FOR FURTHER INFORMATION CONTACT: For 

patent issues, Ms. Elizabeth Arwine, 

Patent Attorney, (301) 619–7808. For 

licensing issues, Dr. Paul Mele, Office of 

Research and Technology Applications 

(ORTA), (301) 619–6664, both at telefax 

(301) 619–5034. 

SUPPLEMENTARY INFORMATION: The 

invention relates to an artificial invasin 

complex hat can facilitate the transport 

of biomolecules, therapeutics and 

antibiotics across cell membranes in a 

manner similar to native Shigella 

Invaplex. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 2010–16897 Filed 7–9–10; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Availability for Non-Exclusive or 

Partially Exclusive Licensing of a U.S. 

Patent Application 

AGENCY: Department of the Army, DoD. 

ACTION: Notice. 

SUMMARY: Announcement is made of the 

availability for licensing of the 

invention set forth in U.S. Patent 

Application Serial No. 12/149,076, 

entitled ‘‘Combinations of Gene 

Deletions for Live Attenuated Shigella 

Vaccine Strains,’’ filed April 25, 2008. 

Foreign rights are also available for 

licensing (PCT/US2008/005342). The 

United States Government, as 

represented by the Secretary of the 

Army, has rights to this invention. 

ADDRESSES: Commander, U.S. Army 

Medical Research and Materiel 

Command, ATTN: Command Judge 

Advocate, MCMR–JA, 504 Scott Street, 

Fort Detrick, Frederick, MD 21702– 

5012. 

FOR FURTHER INFORMATION CONTACT: For 

patent issues, Ms. Elizabeth Arwine, 

Patent Attorney, (301) 619–7808. For 

licensing issues, Dr. Paul Mele, Office of 

Research and Technology Applications 

(ORTA), (301) 619–6664, both at telefax 

(301) 619–5034. 

SUPPLEMENTARY INFORMATION: The 

invention relates generally to Shigella 

vaccine, strains, their use in vaccines, 

and the methods for treatment of 

dysentery. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 2010–16894 Filed 7–9–10; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Availability for Non-Exclusive or 

Partially Exclusive Licensing of a U.S. 

Patent Application 

AGENCY: Department of the Army, DoD. 

ACTION: Notice. 

SUMMARY: Announcement is made of the 

availability for licensing of the 

invention set forth in U.S. Patent 

Application Serial No. 11/132,199, 

entitled ‘‘Construction of Live 

Attenuated Shigella Vaccine Strains that 

Express CFA/I Antigens (CFAB and 

CFAE) and the B Subunit of Heat-Labile 

Enterotoxin (LTB) From Enterotoxigenic 

E. Coli,’’ filed May 19, 2005. The United 

States Government, as represented by 

the Secretary of the Army, has rights to 

this invention. 

ADDRESSES: Commander, U.S. Army 

Medical Research and Materiel 

Command, ATTN: Command Judge 

Advocate, MCMR–JA, 504 Scott Street, 

Fort Detrick, Frederick, MD 21702– 

5012. 

FOR FURTHER INFORMATION CONTACT: For 

patent issues, Ms. Elizabeth Arwine, 

Patent Attorney, (301) 619–7808. For 

licensing issues, Dr. Paul Mele, Office of 

Research and Technology Applications 

(ORTA), (301) 619–6664, both at telefax 

(301) 619–5034. 

SUPPLEMENTARY INFORMATION: The 

invention relates to materials and 

methodologies for preparing multivalent 

vaccines, recombinant DNA expression 


erowe on DSK5CLS3C1PROD with NOTICES