30-day Federal Register Notice

Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices
I. Approval of Agenda
II. Approval of the March 9, 2012
Meeting Minutes
III. Comments from the USCCR
Inspector General
IV. Management and Operations
• Discussion on Agency Staffing
• Staff Director’s Report
V. Program Planning Update and
discussion of projects
• VRA Statutory Enforcement Report
Update
VI. Adjourn Meeting
CONTACT PERSON FOR FURTHER
INFORMATION: Lenore Ostrowsky,

Acting
Chief, Public Affairs Unit (202) 376–
8591.
Hearing-impaired persons who will
attend the meeting and require the
services of a sign language interpreter
should contact Pamela Dunston at (202)
376–8105 or at [email protected]
at least seven business days before the
scheduled date of the meeting.

Dated: April 3, 2012.
Kimberly Tolhurst,
Senior Attorney-Advisor.
[FR Doc. 2012–8356 Filed 4–3–12; 4:15 pm]
BILLING CODE 6335–01–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XB129

New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of cancellation of a
public meeting.
AGENCY:

The New England Fishery
Management Council (Council) has
cancelled the public meeting of its
Scientific and Statistical Committee
(SSC) that was scheduled for Monday,
April 16, 2012 beginning at 8 a.m. in
Providence, RI.
FOR FURTHER INFORMATION CONTACT: Paul
J. Howard, Executive Director, New
England Fishery Management Council;
telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION: The initial
notice was published on March 30,
2012, (77 FR 19231), and the meeting
will be rescheduled at a later date and
announced in the Federal Register.

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SUMMARY:

Authority: 16 U.S.C. 1801 et seq.

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Dated: April 2, 2012.
William D. Chappell,
Acting Director, Office of Sustainable
Fisheries National Marine Fisheries Service.
[FR Doc. 2012–8224 Filed 4–4–12; 8:45 am]
BILLING CODE 3510–22–P

COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities; Proposed Collection,
Comment Request
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:

The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) seeks public comment
on the collection of certain information
by the Commission under section 745 of
the Wall Street Reform and Consumer
Protection Act (‘‘Dodd-Frank Act’’). The
Paperwork Reduction Act (‘‘PRA’’)
requires federal agencies to publish a
notice in the Federal Register
concerning each proposed collection of
information and to allow 60 days for
public comment. Section 745 requires
the Commission to seek public comment
for not less than 30 days with respect to
certain industry filings. This notice
solicits comments on the provisions of
the Commission’s final rulemaking on
‘‘Provisions Common to Registered
Entities’’ under which the Commission
would collect comments on the industry
filings by publication of documents
related to the filings and a request for
comments on the Commission’s public
Web site.1
DATES: Comments must be submitted on
or before May 7, 2012.
ADDRESSES: You may submit comments,
identified by ‘‘Part 40 Notice and
Comment Collection,’’ by any of the
following methods:
• Agency Web site, via its Comments
Online process: http://
comments.cftc.gov. Follow the
instructions for submitting comments
through the Web site.
• Mail: Send to David A. Stawick,
Secretary, Commodity Futures Trading
Commission, 1155 21st Street NW.,
Washington, DC 20581.
• Hand delivery/Courier: Same as
Mail above.
• Federal eRulemaking Portal: http://
www.regulations.gov/search/index.jsp.
Follow the instructions for submitting
comments.
All comments must be submitted in
English, or if not, accompanied by an
SUMMARY:

1 76

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FR 44776, July 27, 2011.

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English translation. Comments will be
posted as received to http://
www.cftc.gov. You should submit only
information that you wish to make
available publicly. If you wish the
Commission to consider information
that is exempt from disclosure under the
Freedom of Information Act, a petition
for confidential treatment of the exempt
information may be submitted according
to the procedures set forth in § 145.9 of
the Commission’s regulations.2
The Commission reserves the right,
but shall have no obligation, to review,
pre-screen, filter, redact, refuse or
remove any or all of your submission
from www.cftc.gov that it may deem to
be inappropriate for publication, such as
obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
rulemaking will be retained in the
public comment file and will be
considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under the Freedom of Information Act.
For Further Information or a Copy
Contact: Bella Rozenberg, Assistant
Deputy Director, Division of Market
Oversight, Commodity Futures Trading
Commission, (202) 418–5119,
[email protected] or Mathew T.
Hargrow, Attorney, Office of the General
Counsel, (202) 418–5267,
[email protected].
SUPPLEMENTARY INFORMATION: Under the
PRA, federal agencies must obtain
approval from the Office of Management
and Budget (‘‘OMB’’) for each collection
of information they collect or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) as ‘‘the obtaining,
causing to be obtained, soliciting * * *
facts or opinions by or for any agency,
regardless of form or format [from] ten
or more persons.’’ An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a valid
OMB control number.
Section 3506(c)(2)(A) of the PRA, 44
U.S.C. 3506(c)(2)(A), requires federal
agencies to provide a 60-day notice in
the Federal Register for each proposed
collection of information before
submitting the collection to OMB for
approval. Under OMB regulations,
which implement provisions of the
PRA, certain ‘‘facts or opinions that are
submitted in response to a general
solicitation of comments from the
public, published in the Federal
Register or other publications,’’ 5 CFR
2 Commission regulations referred to herein are
found at 17 CFR Ch. 1 (2010). Commission
regulations are accessible on the Commission’s Web
site, www.cftc.gov.

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Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices

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1320.3(h)(4), or ‘‘facts or opinions
obtained or solicited at or in connection
with public hearings or meetings,’’ 5
CFR 1320.3(h)(8), are excluded from the
OMB approval process.
The Federal Register notice with a 60day comment period soliciting
comments on this collection of
information was published on February
15, 2012 (77 FR 8817). In the
Commission’s final rulemaking on
provisions common to registered
entities,3 the Commission seeks to
implement section 745 of the DoddFrank Act,4 which amends Section 5c
the Commodity Exchange Act (CEA) 5 to
enhance compliance by registered
entities. This section permits a
registered entity to elect to list for
trading or accept for clearing any new
contract or other instrument, or elect to
approve and implement any new rule or
rule amendment by providing to the
Commission a written certification that
the new contract, instrument, rule, or
rule amendment complies with the
CEA. Such rules or rule amendments
become effective after ten (10) business
days, unless the Commission notifies
the registered entity that it is staying the
certification because there exist novel or
complex issues that require additional
time to analyze, an inadequate
explanation by the submitting registered
entity, or a potential inconsistency with
the CEA. Pursuant to section 745 and
the final amendments to part 40 of the
Commission’s regulations,6 the
Commission will provide a not less than
30-day comment period when it
determines that the rule or rule
amendment will be stayed. Pursuant to
the final rules, the Commission will
provide notice of the stay and the
request for comment on its Web site, as
well as specify the manner in which the
public may submit comments.7
The Commission initially estimated
that approximately 45 entities would be
affected by the rule certification
procedures.8 The initial estimate
determined that these 45 entities would
each have approximately 120 responses
per year for a total of 5,400 responses.9
The Commission has amended these
numbers in the final rule such that the
estimated number of respondents is
increased to 70 entities, the average
annual responses by each respondent is
decreased to 100. These numbers are
based upon comments received
3 75

FR 67282, Nov. 2, 2010.
Law 111–203, 124 Stat. 1376 (2010).
5 7 U.S.C. 7a.
6 75 FR 67282, 67296 (Nov. 2, 2010).
7 Id.
8 Id. at 67290.
9 Id.
4 Public

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regarding the proposed rules as well as
changes made by the Commission to
streamline the product certification
process for certain swap contracts. The
Commission anticipates that the
mandatory responses to the new
collection will take approximate 2 hours
per response.
The Commission cannot determine
with precision how many of the 7,000
responses it expects to receive will be
stayed and subject to the notice and
comment requirements of section 745
and the part 40 regulations. The
Commission anticipates that only a
small fraction of these responses would
be stayed and subject to a request for
comment via Web site notice, and that
each of the stayed rules or rule
amendments typically will receive not
more than 20 comments, a conservative
number based on Commission history
with industry filings.
Issued by the Commission this 30th day of
March 2012.
David Stawick,
Secretary of the Commission.
[FR Doc. 2012–8131 Filed 4–4–12; 8:45 am]
BILLING CODE P

CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2011–0087]

Petition Requesting Exception from
Lead Content Limits; Notice Granting
Exception
U.S. Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:

The Consumer Product Safety
Commission (‘‘Commission’’ or ‘‘CPSC’’
or ‘‘we’’) has received a petition
requesting an exception from the 100
ppm lead content limit under section
101(b) of the Consumer Product Safety
Improvement Act of 2008 (‘‘CPSIA’’), as
amended by Public Law 112–28. We are
granting an exception to the 100 ppm
lead content limit for certain aluminum
alloy components of children’s die-cast,
ride-on pedal tractors, and similar
component parts made of aluminum
alloy on similar ride-on children’s
products for children ages 3 years and
older. Such products may include other
children’s ride-on tractors, children’s
ride-on cars, and other ride-on toys.
These aluminum alloy components
must meet a lead content limit of 300
ppm.
DATES: The effective date is April 5,
2012.
FOR FURTHER INFORMATION CONTACT:
Kristina Hatlelid, Ph.D., M.P.H.,
SUMMARY:

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Directorate for Health Sciences,
Consumer Product Safety Commission,
4330 East West Highway, Bethesda, MD
20814; email: [email protected].
SUPPLEMENTARY INFORMATION: Under
section 101(a) of the CPSIA, consumer
products designed or intended primarily
for children 12 years old and younger
that contain lead content in excess of
100 ppm are considered to be banned
hazardous substances under the Federal
Hazardous Substances Act (‘‘FHSA’’).
Section 101(b)(1) of the CPSIA
provides for a functional purpose
exception from the lead content limits,
under certain circumstances. The
exception allows CPSC, on its own
initiative, or upon petition by an
interested party, to exclude a specific
product, class of product, material, or
component part from the lead limits
established for children’s products
under the CPSIA if, after notice and a
hearing, we determine that: (i) The
product, class of product, material, or
component part requires the inclusion
of lead because it is not practicable or
not technologically feasible to
manufacture such product, class of
product, material, or component part, as
the case may be, in accordance with
section 101(a) of the CPSIA, by
removing the excessive lead or by
making the lead inaccessible; (ii) the
product, class of product, material, or
component part is not likely to be
placed in the mouth or ingested, taking
into account normal and reasonably
foreseeable use and abuse of such
product, class of product, material, or
component part by a child; and (iii) an
exception for the product, class of
product, material, or component part
will have no measurable adverse effect
on public health or safety, taking into
account normal and reasonably
foreseeable use and abuse. Under
section 101(b)(1)(B) of the CPSIA, there
is no measurable adverse effect on
public health or safety if the exception
will result in no measurable increase in
blood lead levels of a child.
On September 29, 2011, Joseph L.
Ertl, Inc., Scale Models and Dyersville
Die Cast (‘‘petitioner’’), submitted a
petition requesting an exception from
the lead content limit of 100 ppm under
section 101(b) of the CPSIA for its diecast, ride-on pedal tractors, scaled for
children ages 3–10 years. Given the
highly technical nature of the
information sought, including data on
the lead content of the product and test
methods used to obtain those data, we
believe that notice and solicitation for
written comments is the most efficient
process for obtaining the necessary
information, and provides adequate

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