Petition Requesting Exception From Lead Content Limits: BIC USA Inc.; Reopening of the Comment Period, 11768-11769 [2014-04581]
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11768
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
TABLE 1—STANDARD EX-VESSEL PRICES BY SPECIES FOR THE 2013 ROCKFISH PROGRAM SEASON IN KODIAK,
ALASKA.—Continued
Species
Standard ex-vessel price
per pound
Period ending
Thornyhead rockfish ............................................................
November 30 .....................................................................
May 31 ...............................................................................
June 30 ..............................................................................
July 31 ................................................................................
August 31 ...........................................................................
September 30 ....................................................................
October 31 .........................................................................
November 30 .....................................................................
0.23
0.49
0.32
0.15
0.00
0.46
0.59
0.35
*The pelagic shelf rockfish (PSR) species group has been changed to ‘‘dusky rockfish.’’
Authority: 16 U.S.C. 773 et seq.; 1801 et
seq.; 3631 et seq.; Pub. L. 108–447.
Dated: February 26, 2014.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–04636 Filed 2–28–14; 8:45 am]
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2013–0016]
Petition Requesting Exception From
Lead Content Limits: BIC USA Inc.;
Reopening of the Comment Period
U.S. Consumer Product Safety
Commission.
ACTION: Comment request.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
SUMMARY: The Consumer Product Safety
Commission (Commission or CPSC) 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, for a children’s pen
from BIC USA Inc. (BIC). On April 30,
2013 (78 FR 25256), the CPSC published
notice of the petition inviting written
comments concerning the petition. On
January 21, 2014, BIC submitted a letter
to the Commission to provide additional
information about the possible
availability of a low lead stainless steel
alternative to the nickel silver alloy
point for which a lead limit exception
would be required. A copy of the letter
may be viewed on: https://
www.regulations.gov, under docket
number CPSC–2013–0016, Supporting
and Related Materials. To allow
interested parties to comment on the
additional information, the Commission
is reopening the comment period for 30
days.
DATES: Submit comments by April 2,
2014.
VerDate Mar<15>2010
19:40 Feb 28, 2014
Jkt 232001
You may submit comments,
identified by Docket No. CPSC–2013–
0016, by any of the following methods:
Electronic Submissions: Submit
electronic comments to the Federal
eRulemaking Portal at: https://
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 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:
https://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: https://
www.regulations.gov, and insert the
docket number CPSC–2013–0016, into
the ‘‘Search’’ box, and follow the
prompts.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kristina Hatlelid, Ph.D., M.P.H.,
Directorate for Health Sciences,
Consumer Product Safety Commission,
5 Research Pl, Rockville, MD 20850;
email: khatlelid@cpsc.gov; telephone:
301–987–2558.
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Frm 00019
Fmt 4703
Sfmt 4703
On March
25, 2013, BIC submitted a petition
requesting an exception from the lead
content limit of 100 ppm under section
101(b) of the CPSIA for a new line of
writing instrument products intended
for children age five and up (BIC
Children’s Pen) to address the needs of
young children who are in the early
stages of learning to write. BIC
specifically requested an exception for
the accessible portion of the nickel
silver point assembly (which includes
the point and point support
subassembly) that BIC proposed to use
in the BIC Children’s Pen. The petition
noted that the point and point support
subassembly in the BIC Children’s Pen
contained total lead of approximately
8720 ppm. According to BIC, all of the
other accessible components of the BIC
Children’s Pen contained total lead
below 100 ppm. BIC asserted that
removing or making excess lead
inaccessible in manufacturing the BIC
Children’s Pen is neither practicable nor
technologically feasible.
In the Federal Register of April 30,
2013 (78 FR 25256), the CPSC invited
comments on the issues raised by the
petition. The Commission received five
comments in response to the notice.
On January 21, 2014, BIC submitted a
letter to the CPSC to inform the
Commission about the possible
availability of a low lead stainless steel
alternative to the nickel silver alloy
point currently used in BIC’s solvent
based ink pens and for which a lead
limit exception would be required. BIC
states that a trial batch of the stainless
steel points passed BIC’s technical
qualification when tested with BIC’s
solvent based inks. BIC further states
that production of the low lead stainless
steel points on a consistent basis in
industrial quantities to meet the volume
and timing demands of customers is not
technically feasible. Accordingly, BIC
suggests that BIC’s earlier request for an
exception for the continued use of the
nickel silver alloy point be limited to
SUPPLEMENTARY INFORMATION:
E:\FR\FM\03MRN1.SGM
03MRN1
Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices
five years to allow BIC additional time
to develop a compliant Children’s Pen.
Through this notice, we are reopening
the comment period to give all
interested parties an opportunity to
comment on the additional information
provided by BIC. A copy of the letter
may be viewed on https://
www.regulations.gov, under docket
number CPSC–2013–0016, Supporting
and Related Materials.
Dated: February 26, 2014.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2014–04581 Filed 2–28–14; 8:45 am]
CONSUMER PRODUCT SAFETY
COMMISSION
Public Health Authority Notification
Consumer Product Safety
Commission (CPSC).
ACTION: Notice .
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
SUMMARY: CPSC is publishing this notice
to inform hospitals and other health
care organizations of CPSC’s status as a
‘‘public health authority’’ under the
medical privacy requirements of the
Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
FOR FURTHER INFORMATION CONTACT:
Melissa Buford, CPSC Office of the
General Counsel, 4330 East West
Highway, Suite 704, Bethesda MD
20814. 301–504–7636.
SUPPLEMENTARY INFORMATION: Congress
enacted HIPAA to improve portability
and continuity of health insurance,
among other purposes. (Pub. L. 104–
191, 110 Stat. 1936 (1996)). The U.S.
Department of Health and Human
Services (HHS) promulgated regulations
pursuant to HIPAA to address the
security and privacy of health data.
Known as the Privacy Rule, Standards
for Privacy of Individually Identifiable
Health Information, 45 CFR parts 160
and 164, the regulations established
procedures to protect the privacy of
individually identifiable health
information and to address the use and
disclosure of such information.
The Privacy Rule provides that
covered entities, including health care
providers, health plans, and health care
clearinghouses, may not use or disclose
protected health information, except in
certain expressly permitted
circumstances. Covered entities,
however, may disclose protected health
information to a ‘‘public health
authority.’’ As HHS recognized in
guidance issued on December 3, 2002,
and revised on April 3, 2003, disclosure
19:40 Feb 28, 2014
The HIPAA Privacy Rule recognizes the
legitimate need for public health authorities
and others responsible for ensuring public
health and safety to have access to protected
health information to carry out their public
health mission. The Rule also recognizes that
public health reports made by covered
entities are an important means of identifying
threats to the health and safety of the public
at large, as well as individuals. Accordingly,
the Rule permits covered entities to disclose
protected health information without
authorization for specified public health
purposes.
The regulations define a ‘‘public
health authority’’ broadly to include:
BILLING CODE 6355–01–P
VerDate Mar<15>2010
in certain circumstances is necessary to
support the work of public health
authorities:
Jkt 232001
an agency or authority of the United States,
a State, a territory, a political subdivision of
a State or territory, or an Indian tribe, or a
person or entity acting under a grant of
authority from or contract with such public
agency, including the employees or agents of
such public agency or its contractors or
persons or entities to whom it has grant
authority, that is responsible for public
health matters as part of its official mandate.
45 CFR 164.501. Moreover, the
preamble to the final Privacy Rule
underscored the expansive meaning of
‘‘public health authority.’’ Noting the
clear congressional mandate not to
interfere with current public health
practices, the preamble stated: ‘‘the
broad definition of ‘public health
authority’ is appropriate to achieve that
end.’’ 65 FR 82462 (December 28, 2000).
Thus, the Privacy Rule provides that
protected health information may be
disclosed to a public health authority
that is authorized by law to collect
certain health-related information.
Specifically, the Privacy Rule allows for
the disclosure of protected health
information to a public health authority
that is:
authorized by law to collect or receive such
information for the purpose of preventing or
controlling disease, injury, or disability,
including, but not limited to, the reporting of
disease, injury, vital events such as birth or
death and the conduct of public health
surveillance, public health investigations,
and public health interventions; or, at the
direction of a public health authority, to an
official of a foreign government agency that
is acting in collaboration with a public health
authority.
45 CFR 164.512(b)(1)(i).
CPSC is a public health authority
authorized by law to collect certain
health-related information in pursuit of
its official mandate. CPSC’s mission is
to protect the public against
unreasonable risks of injury associated
with consumer products and to promote
research and investigation into the
causes and prevention of product-
PO 00000
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Fmt 4703
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11769
related deaths, illnesses, and injuries. 15
U.S.C. 2051(b). As such, CPSC’s mission
falls well within the broad parameters of
a public health authority responsible for
public health matters as defined in the
Privacy Rule.
Additionally, in furtherance of its
mandate, CPSC is authorized by law to,
among other things, collect information
for the purpose of preventing injury or
death, report injury or death, and
conduct public health investigations.
For example, pursuant to statutory
direction, CPSC must ‘‘maintain an
Injury Information Clearinghouse to
collect, investigate, analyze, and
disseminate injury data, and
information, relating to the causes and
prevention of death, injury, and illness
associated with consumer products’’
and to ‘‘conduct such continuing
studies and investigations of deaths,
injuries, diseases, other health
impairments, and economic losses
resulting from accidents involving
consumer products as it deems
necessary.’’ 15 U.S.C. 2054(a)(1) and (2).
In addition, CPSC is authorized to
‘‘conduct research, studies, and
investigations on the safety of consumer
products and on improving the safety of
such products.’’ 15 U.S.C. 2054(b).
Additionally, each fiscal year CPSC is
required to submit a comprehensive
report to the President and Congress
documenting ‘‘thorough appraisal,
including statistical analyses, estimates,
and long-term projections, of the
incidence of injury and effects to the
population resulting from consumer
products, with a breakdown, insofar as
practicable, among the various sources
of such injury’’ and ‘‘statistics with
respect to injuries and deaths associated
with products that the Commission
determines present a substantial
product hazard under section 15(c).’’ 15
U.S.C. 2076(j)(1) and (6)(B).
As an agency responsible for public
health matters pursuant to its official
mandate, and with statutory
authorization to collect and report
information to prevent injury and death,
CPSC falls squarely within the
definition of a ‘‘public health
authority.’’ Accordingly, CPSC is
providing notice that it is a public
health authority within the meaning of
the Privacy Rule, entitled to receive
protected health information from
hospitals and other health care
organizations, without written
authorization or consent. The disclosure
of protected health information to a
public health authority is a permitted
disclosure under the Privacy Rule. 45
CFR 164.502(a)(1)(vi).
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Agencies
[Federal Register Volume 79, Number 41 (Monday, March 3, 2014)]
[Notices]
[Pages 11768-11769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04581]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[Docket No. CPSC-2013-0016]
Petition Requesting Exception From Lead Content Limits: BIC USA
Inc.; Reopening of the Comment Period
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Comment request.
-----------------------------------------------------------------------
SUMMARY: The Consumer Product Safety Commission (Commission or CPSC)
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, for a
children's pen from BIC USA Inc. (BIC). On April 30, 2013 (78 FR
25256), the CPSC published notice of the petition inviting written
comments concerning the petition. On January 21, 2014, BIC submitted a
letter to the Commission to provide additional information about the
possible availability of a low lead stainless steel alternative to the
nickel silver alloy point for which a lead limit exception would be
required. A copy of the letter may be viewed on: https://www.regulations.gov, under docket number CPSC-2013-0016, Supporting and
Related Materials. To allow interested parties to comment on the
additional information, the Commission is reopening the comment period
for 30 days.
DATES: Submit comments by April 2, 2014.
ADDRESSES: You may submit comments, identified by Docket No. CPSC-2013-
0016, by any of the following methods:
Electronic Submissions: Submit electronic comments to the Federal
eRulemaking Portal at: https://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 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: https://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: https://www.regulations.gov, and insert the
docket number CPSC-2013-0016, into the ``Search'' box, and follow the
prompts.
FOR FURTHER INFORMATION CONTACT: Kristina Hatlelid, Ph.D., M.P.H.,
Directorate for Health Sciences, Consumer Product Safety Commission, 5
Research Pl, Rockville, MD 20850; email: khatlelid@cpsc.gov; telephone:
301-987-2558.
SUPPLEMENTARY INFORMATION: On March 25, 2013, BIC submitted a petition
requesting an exception from the lead content limit of 100 ppm under
section 101(b) of the CPSIA for a new line of writing instrument
products intended for children age five and up (BIC Children's Pen) to
address the needs of young children who are in the early stages of
learning to write. BIC specifically requested an exception for the
accessible portion of the nickel silver point assembly (which includes
the point and point support subassembly) that BIC proposed to use in
the BIC Children's Pen. The petition noted that the point and point
support subassembly in the BIC Children's Pen contained total lead of
approximately 8720 ppm. According to BIC, all of the other accessible
components of the BIC Children's Pen contained total lead below 100
ppm. BIC asserted that removing or making excess lead inaccessible in
manufacturing the BIC Children's Pen is neither practicable nor
technologically feasible.
In the Federal Register of April 30, 2013 (78 FR 25256), the CPSC
invited comments on the issues raised by the petition. The Commission
received five comments in response to the notice.
On January 21, 2014, BIC submitted a letter to the CPSC to inform
the Commission about the possible availability of a low lead stainless
steel alternative to the nickel silver alloy point currently used in
BIC's solvent based ink pens and for which a lead limit exception would
be required. BIC states that a trial batch of the stainless steel
points passed BIC's technical qualification when tested with BIC's
solvent based inks. BIC further states that production of the low lead
stainless steel points on a consistent basis in industrial quantities
to meet the volume and timing demands of customers is not technically
feasible. Accordingly, BIC suggests that BIC's earlier request for an
exception for the continued use of the nickel silver alloy point be
limited to
[[Page 11769]]
five years to allow BIC additional time to develop a compliant
Children's Pen.
Through this notice, we are reopening the comment period to give
all interested parties an opportunity to comment on the additional
information provided by BIC. A copy of the letter may be viewed on
https://www.regulations.gov, under docket number CPSC-2013-0016,
Supporting and Related Materials.
Dated: February 26, 2014.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2014-04581 Filed 2-28-14; 8:45 am]
BILLING CODE 6355-01-P