44506 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Proposed Rules 

(9) Evidence of title to the asserted 

patent(s) or other right to make the 

claim. 

(10) A copy of the United States 

Patent and Trademark Office (USPTO) 

file history of each patent, if it is 

available to the claimant. Indicate 

whether the patent has been the subject 

of any interference proceedings, 

certification of correction request, 

reexamination, or reissue proceedings at 

the USPTO, or lapsed for failure to pay 

any maintenance fee. In addition, the 

status of all corresponding foreign 

patents and patent applications and full 

copies of the same. 

(11) Pertinent prior art known to the 

claimant not contained in the USPTO 

file, for example, publications and 

foreign prior art. In addition to the 

foregoing, if claimant can provide a 

statement that the investigation may be 

limited to the specifically identified 

accused article(s) or process(es) or to a 

specific acquisition (e.g. identified 

contract(s)), it may speed disposition of 

the claim. Claimants are also 

encouraged to provide information on 

any ancillary matters that may have a 

bearing on validity or infringement. 

(c) Denial for refusal to provide 

information. In the course of 

investigating a claim, it may become 

necessary for NASA to request 

information in the control and custody 

of the claimant that is relevant to the 

disposition of the claim. Failure of the 

claimant to respond to a request for 

such information shall be sufficient 

reason alone for denying a claim. 

§ 1245.203 Incomplete notice of 

infringement. 

(a) If a communication alleging patent 

infringement or copyright infringement 

is received that does not meet the 

requirements set forth in § 1245.202(a), 

the sender shall be advised in writing by 

the Agency Counsel for Intellectual 

Property: 

(1) That the claim for infringement 

has not been satisfactorily presented; 

and 

(2) Of the elements necessary to 

establish a claim. 

(b) A communication, in which no 

infringement is alleged in accordance 

with § 1245.202(a), such as a mere 

proffer of a license, shall not be 

considered a claim for infringement. 

§ 1245.204 Indirect notice of infringement. 

A communication by a patent or 

copyright owner to addressees other 

than those specified in § 1245.202(a), 

such as NASA contractors, including 

contractors operating Governmentowned facilities, alleging that acts of 

infringement have occurred in the 

performance of a Government contract, 

grant, or other arrangement, shall not be 

considered a claim within the meaning 

of § 1245.202(a) until such 

communication meets the requirements 

specified therein. 

§ 1245.205 Processing of administrative 

claims. 

(a) Filing and forwarding of claims. 

All communications regarding claims 

should be addressed to: Agency Counsel 

for Intellectual Property, Office of the 

General Counsel, National Aeronautics 

and Space Administration, Washington, 

DC 20546–0001. If any communication 

relating to a claim or possible claim of 

patent or copyright infringement is 

received by an agency, organization, 

office, or field installation within 

NASA, it shall be forwarded to the 

Agency Counsel for Intellectual 

Property. 

(b) Disposition and notification. The 

General Counsel, or designee, shall 

investigate and administratively settle, 

deny, or otherwise dispose of each 

claim. When a claim is denied, the 

Agency shall so notify the claimant or 

the claimant’s authorized representative 

and provide the claimant with the 

reasons for denying the claim. 

Disclosure of information shall be 

subject to applicable statutes, 

regulations, and directives pertaining to 

security, access to official records, and 

the rights of others. 

(c) Termination of claims. If, while an 

administrative claim for patent or 

copyright infringement is pending 

against NASA, the claimant brings suit 

for patent or copyright infringement 

against the United States in the Court of 

Federal Claims based on the same facts 

or transactions as the administrative 

claim, the administrative claim shall 

thereupon be automatically dismissed, 

with no further action being required of 

NASA. 

Charles F. Bolden, Jr., 

Administrator. 

[FR Doc. 2011–18711 Filed 7–25–11; 8:45 am] 

BILLING CODE 7510–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1700 

[Docket No. CPSC–2011–0048] 

Petition Requesting Non-See-Through 

Packaging for Torch Fuel and Lamp Oil 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Comment request. 

SUMMARY: The U.S. Consumer Product 

Safety Commission (‘‘Commission’’ or 

‘‘we’’) has received a petition (PP 11–1) 

requesting that the Commission initiate 

rulemaking to require special packaging 

for torch fuel and lamp oil to make it 

impossible to see the product when it is 

in the container. We invite written 

comments concerning the petition. 

DATES: The Office of the Secretary must 

receive comments on the petition by 

September 26, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2011– 

0048, 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 (e-mail), 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, U.S. Consumer Product 

Safety Commission, Room 502, 4330 

East West Highway, Bethesda, MD 

20814; telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

petition number for this rulemaking. 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: 

Rochelle 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 has received a submission 

from John L. Branum, Attorney at Law, 

on behalf of Bettsy Bumpas 

(‘‘petitioner’’), dated May 9, 2011, 

requesting that we initiate rulemaking to 

require torch fuel and lamp oil to be 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Proposed Rules 44507 

packaged in containers that are not seethrough. We are docketing this request 

as a petition under the Poison 

Prevention Packaging Act (‘‘PPPA’’). 15 

U.S.C. 1471–1477. 

The PPPA authorizes the Commission 

to issue requirements that certain 

household substances be sold in childresistant containers. 15 U.S.C. 1471– 

1477. Child-resistant packaging 

requirements currently apply to torch 

fuel and lamp oil. (More specifically, 

the child-resistant packaging 

requirements apply to ‘‘kindling and/or 

illuminating preparations,’’ which 

includes ‘‘cigarette lighter fuel, charcoal 

lighter fuel, camping equipment fuel, 

torch fuel, and fuel for decorative and 

functional lanterns, which contain 10 

percent or more by weight of petroleum 

distillates and have a viscosity of less 

than 100 Saybolt universal seconds at 

100° Fahrenheit.’’ 16 CFR 1700.14(7)). 

The PPPA does not authorize the 

Commission to prescribe specific 

packaging designs for household 

substances. 15 U.S.C. 1472(d). However, 

in the case of a household substance for 

which special packaging, i.e., childresistant packaging, is required, the 

Commission may prohibit the packaging 

of such substance in packages which it 

determines are unnecessarily attractive 

to children. Id. Therefore, in order to 

issue a rule requiring that torch fuel and 

lamp oil not be sold in see-through 

containers, the Commission would need 

to determine that the packaging is 

‘‘unnecessarily attractive’’ to children. 

Petitioner asserts that certain 

petroleum distillates, including torch 

fuel and lamp oil, as currently 

packaged, resemble juice. Petitioner 

notes that because young children enjoy 

the taste of juice and are accustomed to 

drinking it regularly, packaging 

petroleum distillates in clear plastic 

bottles causes needless danger, as 

children may mistake it for juice. 

Petitioner states that ‘‘the New Jersey 

Poison Information and Education 

System stated in June 2008 that four 

people were hospitalized, one was 

critically ill, and one killed due to torch 

oil being mistaken for apple juice.’’ 

Petitioner also states that ‘‘from 2002 

through 2009 the Annual Report of the 

American Association of Poison Control 

Centers’ National Data System has 

chronicled the exposure of many young 

children to lamp oils, which includes 

torch fuels.’’ Petitioner’s son died after 

ingesting torch fuel from a clear plastic 

bottle. 

While torch fuel and lamp oil are 

already subject to child-resistant 

packaging and labeling requirements 

under the Poison Prevention Packaging 

Act and the Federal Hazardous 

Substances Act, petitioner asserts that 

additional special packaging is 

necessary. Specifically, petitioner 

requests that the CPSC initiate 

rulemaking ‘‘that would require 

manufacturers of [torch fuel and lamp 

oils] to package the product in 

containers that make it impossible to see 

the product when in the container.’’ 

Petitioner notes that this could be 

accomplished ‘‘by packaging the fuel in 

a solid container or opaque plastic 

child-resistant container or a metal 

container.’’ 

By this notice, we seek comments 

concerning this petition. Interested 

parties may obtain a copy of the petition 

by writing or calling the Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, Room 820, 4330 

East West Highway, Bethesda, MD 

20814; telephone (301) 504–7923. 

Copies of the petition are also 

available for inspection from 8:30 a.m. 

to 5 p.m., Monday through Friday, in 

the Commission’s Public Reading Room, 

Room 419, 4330 East West Highway, 

Bethesda, MD, or from our Web site at: 

http://www.cpsc.gov. 

Dated: July 18, 2011. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–18512 Filed 7–25–11; 8:45 am] 

BILLING CODE 6355–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Chapter I 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Chapter II 

[Release No. 34–64939; File No. 4–636] 

Joint Public Roundtable on 

International Issues Relating to the 

Implementation of Title VII of the DoddFrank Wall Street Reform and 

Consumer Protection Act 

AGENCIES: Commodity Futures Trading 

Commission and Securities and 

Exchange Commission. 

ACTION: Notice of roundtable discussion; 

request for comment. 

SUMMARY: On Monday, August 1, 2011, 

commencing at 9 a.m. and ending at 4 

p.m., staff of Commodity Futures 

Trading Commission (‘‘CFTC’’) and 

Securities and Exchange Commission 

(‘‘SEC’’) (each, an ‘‘Agency,’’ and 

collectively, the ‘‘Agencies’’) will hold a 

public roundtable meeting at which 

invited participants will discuss various 

international issues related to the 

implementation of Title VII of the DoddFrank Wall Street Reform and Consumer 

Protection Act. 

DATES: The public roundtable meeting 

will be held on Monday, August 1, 

2011. 

ADDRESSES: The roundtable discussion 

will take place in the Conference Center 

at the CFTC’s headquarters, Three 

Lafayette Centre, 1155 21st Street, NW., 

Washington, DC. The discussion will be 

open to the public with seating made 

available on a first-come, first-served 

basis. Members of the public may also 

listen to the meeting by telephone. Callin participants should be prepared to 

provide their first name, last name and 

affiliation. The information for the 

conference call is set forth below. 

• U.S. toll-free: (866) 844–9416. 

• International toll: (203) 369–5026. 

• Passcode: 4316057. 

A transcript of the public roundtable 

discussion will be published on the 

CFTC’s Web site at http://www.cftc.gov/ 

PressRoom/Events/2011/index.htm and 

on the SEC’s Web site at http:// 

www.sec.gov/news/press/2011/2011- 

151.htm. 

FOR FURTHER INFORMATION CONTACT: The 

CFTC’s Office of Public Affairs at (202) 

418–5080 or the SEC’s Office of Public 

Affairs at (202) 551–4120. 

SUPPLEMENTARY INFORMATION: The 

roundtable discussion will take place on 

Monday, August 1, 2011, commencing 

at 9 a.m. and ending at 4 p.m. Members 

of the public who wish to comment on 

the topics addressed at the discussion, 

may do so via: 

• Paper submission to David Stawick, 

Secretary, Commodity Futures Trading 

Commission, Three Lafayette Centre, 

1155 21st Street, NW., Washington, DC 

20581, or Elizabeth M. Murphy, 

Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090; or 

• Electronic submission via visiting 

http://comments.cftc.gov/ 

PublicComments/ 

ReleasesWithComments.aspx and 

submitting comments through the 

CFTC’s Web site; and/or by e-mail to 

rule-comments@sec.gov (all e-mails 

must reference the file number 4–636 in 

the subject field) or through the 

comment form available at http:// 

www.sec.gov/news/press/2011/2011- 

151.htm. 

All submissions will be reviewed 

jointly by the Agencies. All comments 

must be in English or be accompanied 

by an English translation. All 


wreier-aviles on DSKDVH8Z91PROD with PROPOSALS