Petition Requesting Non-See-Through Packaging for Torch Fuel and Lamp Oil, 44506-44507 [2011-18512]

Download as PDF 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. wreier-aviles on DSKDVH8Z91PROD with PROPOSALS § 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 VerDate Mar<15>2010 14:37 Jul 25, 2011 Jkt 223001 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 claims. Processing of administrative (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 U.S. Consumer Product Safety Commission. ACTION: Comment request. AGENCY: PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 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: SUMMARY: Electronic Submissions Submit electronic comments in the following way: Federal eRulemaking Portal: https:// 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 https://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: https://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: https:// 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 E:\FR\FM\26JYP1.SGM 26JYP1 wreier-aviles on DSKDVH8Z91PROD with PROPOSALS Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Proposed Rules 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 VerDate Mar<15>2010 14:37 Jul 25, 2011 Jkt 223001 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: https://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 Commodity Futures Trading Commission and Securities and Exchange Commission. ACTION: Notice of roundtable discussion; request for comment. AGENCIES: 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 SUMMARY: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 44507 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. 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 https://www.cftc.gov/ PressRoom/Events/2011/index.htm and on the SEC’s Web site at https:// www.sec.gov/news/press/2011/2011151.htm. ADDRESSES: 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 https://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 https:// www.sec.gov/news/press/2011/2011151.htm. All submissions will be reviewed jointly by the Agencies. All comments must be in English or be accompanied by an English translation. All FOR FURTHER INFORMATION CONTACT: E:\FR\FM\26JYP1.SGM 26JYP1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Proposed Rules]
[Pages 44506-44507]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18512]


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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.

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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: https://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 https://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: https://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: https://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

[[Page 44507]]

packaged in containers that are not see-through. 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 child-resistant 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[deg] 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., 
child-resistant 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: https://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

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