Lasko Products, Inc., Provisional Acceptance of a Settlement Agreement and Order, CPSC Docket No. 09-C0003

Description

Federal Register/Vol. 74, No. 13/Thursday, January 22, 2009/Notices 3993 fishery. In the case of Bering Sea flatfish this vessel, or the amount or species of ADDRESSES: Persons wishing to fisheries, seasons have been cut short by fish caught. comment on this Settlement Agreement the halibut bycatch cap before the The activities that would be should send written comments to the quotas have been reached. Accurately conducted under this EFP are not Comment 09–C0003, Office of the accounting for halibut in NMFS expected to have a significant impact on Secretary, Consumer Product Safety estimates of mortality and assuring that the human environment as detailed in Commission, 4330 East West Highway, each halibut returned to the sea has the the categorical exclusion issued for this Room 502, Bethesda, Maryland 20814– highest possible chance of survival are action (see ADDRESSES). 4408. In accordance with § 679.6, NMFS has therefore high priorities for the IPHC’s, FOR FURTHER INFORMATION CONTACT: determined that the proposal warrants the Council’s, and NMFS’s management Belinda V. Bell, Trial Attorney, Division further consideration and has forwarded goals for both halibut and groundfish. of Compliance, Office of the General Before halibut are discarded at–sea, the application to the Council to initiate Counsel, Consumer Product Safety the catch must first be estimated by at– consultation. The Council will consider sea observers. In order to credibly the EFP ...

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Federal Register/ Notices/ Thursday,January 22, 2009/ Vol.74, No. 13

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fishery. In the case of Bering Sea flatfishthis vessel, or the amount or species of ADDRESSES :Persons wishing to fisheries, seasons have been cut short by fish caught.comment on this Settlement Agreement the halibut bycatch cap before the The activities that would be should send written comments to the quotas have been reached. Accurately conducted under this EFP are not Comment 09–C0003, Office of the accounting for halibut in NMFS expected to have a significant impact on Secretary, Consumer Product Safety estimates of mortality and assuring that the human environment as detailed in Commission, 4330 East West Highway, each halibut returned to the sea has the the categorical exclusion issued for this Room 502, Bethesda, Maryland 20814– highest possible chance of survival are action (see ADDRESSES ). 4408. therefore high priorities for the IPHC’s, In accordance with § 679.6, NMFS has FOR FURTHER INFORMATION CONTACT : the Council’s, and NMFS’s management determined that the proposal warrants Belinda V. Bell, Trial Attorney, Division goals for both halibut and groundfish. further consideration and has forwarded of Compliance, Office of the General Before halibut are discarded at–sea, the application to the Council to initiate Counsel, Consumer Product Safety the catch must first be estimated by at– consultation. The Council will consider Commission, 4330 East West Highway, sea observers. In order to credibly the EFP application during its February Bethesda, Maryland 20814–4408; account for halibut catch and to ensure 4–10, 2009, meeting, which will be held telephone [phone]. that the catch and discard of halibut is at the Renaissance Hotel in Seattle, SUPPLEMENTARY INFORMATION :The text of observed, NMFS prohibits any removal Washington. The applicant has been the Agreement and Order appears of halibut from a cod end, bin, or invited to appear in support of the below. conveyance system prior to being application. Dated: January 9, 2009. observed and enumerated by an at–sea Public Comments observer. Todd A. Stevenson, With the implementation of Interested persons may comment on Secretary. Amendment 80 to the FMP onthe application at the February 2009 United States of America September 14, 2007 (72 FR 52668), Council meeting during public Consumer Product Safety Commission allocation of halibut was modified for testimony. Information regarding the In the Matter of Lasko Products Inc., certain vessels, but halibut bycatch meeting is available at the Council’s a corporation continued to limit fishing in some website athttp://www.fakr.noaa.gov/ [CPSC Docket No. 09–C0003] fisheries. The Amendment 80 sector npfmc/council.htm. Copies of the Settlement Agreement received an initial allocation of 2,525 mt application and categorical exclusion of halibut bycatch mortality, but that are available for review from NMFS (see 1. This Settlement Agreement allocation will decrease by 50 mt per ADDRESSES is made by and between ). (‘‘Agreement’’) year until it reaches 2,325 mt in 2012 the staff (‘‘staff’’) of the U.S. Consumer Authority:16 U.S.C. 1801et seq. and subsequent years. In certain years, Product Safety Commission Dated: January 15, 2009. this amount is less than the sector’s (‘‘Commission’’) and Lasko Products Emily H. Menashes, historic catch; therefore, finding ways to Inc. (‘‘Lasko’’), a corporation, in Acting Director, Office of Sustainable accurately estimate halibut survival is accordance with 16 CFR 1118.20 of the Fisheries, National Marine Fisheries Service. important for this sector. Commission’s Procedures for This application for an EFP from [FR Doc. E9–1184 Filed 1–21–09; 8:45 am] Investigations, Inspections, and NPFF proposes to study two methods BILLING CODE 3510–22–S Inquiries under the Consumer Product for predicting halibut survival. It would Safety Act (‘‘CPSA’’). This Agreement allow researchers onboard a catcher and the incorporated attached Order processor vessel to collect CONSUMER PRODUCT SAFETY (‘‘Order’’) resolve the staffs allegations approximately 100 halibut caught with COMMISSION set forth below. non–pelagic trawl gear and evaluate a [CPSC Docket No. 09–C0003] The Parties reflex action mortality predictor (RAMP) for predicting delayed mortality in 2. The Commission is an independent Lasko Products Inc., Provisional individual trawl–caught halibut. The federal regulatory agency established Acceptance of a Settlement Agreement RAMP method would be combined with pursuant to, and responsible for the and Order and compared to the existing IPHC enforcement of the CPSA, 15 U.S.C. halibut mortality predictor currently AGENCY :Consumer Product Safety 2051–2089. used by observers. To assess and Commission. 3. Lasko is a corporation organized compare these two methods, halibut ACTION :Notice. andexisting under the laws of the would be held in live tanks on a vessel Commonwealth of Pennsylvania, with SUMMARY :It is the policy of the and assessed by each method. The its principal corporate office located in Commission to publish settlements collection and holding of halibut in this West Chester, Pennsylvania. which it provisionally accepts under the manner requires an exemption from 4. At all times relevant herein, Lasko Consumer Product Safety Act in the regulations that prohibit retention of designed, manufactured and sold Federal Registerin accordance with the halibut by trawl gear, and requiring that portable electric fans, including those terms of 16 CFR 1118.20(e). Published all halibut caught with this gear be that are the subject of the Agreement below is a provisionally accepted released as soon as possible and Order. Settlement Agreement with Lasko (§ 679.7(a)(12), and § 679.21(b)(2)(ii)). Staff Allegations Products Inc., containing a civil penalty This EFP would apply for the period of $500,000.00. of time required to complete the5. Between 1999 and 2001, Lasko experiment during 2009, in areas open DATES :Any interested person may askmanufactured and distributed to directed fishing for flatfish. It would the Commission not to accept this approximately 5.6 million of the subject be of limited scope and duration andagreement or otherwise comment on itsportable electric fans under the would not be expected to change thecontents by filing a written request withfollowing brand names and model nature or duration of the groundfishthe Office of the Secretary by Februarynumbers: Lasko 2135, 3300, 3400, 3410, fishery, fishing practices or gear used by5, 2009.3510, 3515, 3521,3550, 3700, 3723,

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Federal Register74, No. 13/ Vol.January 22, 2009/ Thursday,/ Notices

3733, 3750, 3800; Galaxy 3733; Generalcreated an unreasonable risk of seriousany claims under the Equal Access to Electric 106600, 106620, 106630; and injury or death.Justice Act. Air King 9500, and 9515, (collectively, 13. Lasko immediately commenced an 20. The Commission may publicize ‘‘fans’’ or ‘‘products’’). The fans were investigation and provided the the terms of the Agreement and Order. sold from 2000 through 2004, by Commission with an Initial Report, in a 21. The Agreement and Order shall distributors and in retail stores timely manner, on July 13, 2005. apply to, and be binding upon Lasko nationwide, for between $10 and $25.and each of its successors and assigns. 14. Lasko specifically denies that it 6. The fans are ‘‘consumer product(s)’’ 22. The Commission’s Order in this failed to immediately inform the and, at all times relevant herein, Lasko matter is issued under the provisions of Commission of any defect or risk as was a ‘‘manufacturer’’ of ‘‘consumer the CPSA, and a violation of the Order required by sections 15(b)(3) and (4) of product(s),’’ which were ‘‘distributed in may subject those referenced in the CPSA, 15 U.S.C. 2064(b)(3) and (4). commerce’’ as those terms are defined paragraph 21 above to appropriate legal Lasko further denies that it in any way or used in sections 3(a)(3), (5), (8), and action. or ‘‘knowingly’’ violated section 19(a)(4) (11) of the CPSA, 15 U.S.C. 2052(a)(3), 23. This Agreement may be used in of the CPSA, 15 U.S.C. 2068(a)(4), as the (5), (8), and (11). interpreting the Order. Agreements, term ‘‘knowingly’’ is defined in section 7. The fans are defective because it is understandings, representations, or 20(d) of the CPSA, 15 U.S.C. 2069(d). possible for an internal short to occur in interpretations made apart from those Agreement of the Parties the motor windings of some of the fans, contained in the Agreement and Order which may cause the fans to overheat, may not be used to vary or to contradict 15. Under the CPSA, the Commission smoke and/or catch fire, thereby their terms. has jurisdiction over this matter and presenting a substantial product hazard 24. The Agreement shall not be over Lasko. to consumers. waived, amended, modified, or 16. In settlement of the staff’s 8. Between November 2002 and otherwise altered, without written allegations, Lasko agrees to pay a civil September 2005, Lasko received agreement thereto executed by the party penalty of five hundred thousand approximately forty two (42) reports of against whom such amendment, dollars ($500,000.00) within twenty (20) incidents involving certain fans modification, alteration, or waiver is calendar days of receiving service of the overheating, smoking, melting or sought to be enforced. Commission’s final Order accepting the catching fire, which caused property 25. If, after the effective date hereof, Agreement. This payment shall be made damage and at least nine (9) personal any provision of the Agreement and the by check payable to the order of the injuries. Lasko filed its Initial Report on Order is held to be illegal, invalid, or United States Treasury and mailed to July 13, 2005 and filed its Full Report unenforceable under present or future Cheryl Falvey, General Counsel, Office on September 2, 2005. The fans were laws effective during the terms of the of the General Counsel, U.S. Consumer recalled on February 8, 2006. Agreement and the Order, such Product Safety Commission, 4330 East 9. Although Lasko had obtained provision shall be fully severable. The West Highway, Bethesda, MD 20814. sufficient information to reasonably balance of the Agreement and Order 17. The parties enter the Agreement support the conclusion that the fans shall remain in full force and effect, for settlement purposes only. The contained a defect which could create a unless the Commission and Lasko agree Agreement does not constitute an substantial product hazard, or created that severing the provision materially admission by Lasko or a determination an unreasonable risk of serious injury or affects the purpose of the Agreement by the Commission that Lasko violated death, it failed to immediately inform and Order. the CPSA’s reporting requirements. the Commission of such defect or risk as Lasko Products, Inc. 18. Upon provisional acceptance of required by sections 15(b)(3) and (4) of the Agreement by the Commission, the Dated: 12/11/08. the CPSA, 15 U.S.C. 2064(b)(3) and (4). Agreement shall be placed on the public By: Bradford M. Brush, General Counsel, In failing to do so, Lasko ‘‘knowingly’’ Lasko Products, Inc., 820 Lincoln Avenue, record and published in theFederal violated section 19(a)(4) of the CPSA, 15 West Chester, PA 19380. Registerin accordance with the U.S.C. 2068(a)(4), as the term Dated: 12/10/08. procedures set forth in 16 CFR ‘‘knowingly’’ is defined in section 20(d) By: Neil A. Goldberg, Esquire, 665 Main 1118.20(e). If the Commission does not of the CPSA, 15 U.S.C. 2069(d). Street, Suite 400, Buffalo, NY 14203, Counsel receive any written requests not to 10. Pursuant to section 20 of the for Lasko Products, Inc. accept the Agreement within 15 CPSA, 15 U.S.C. 2069, Lasko is subject calendar days, the Agreement shall be U.S. Consumer Product Safety Commission to civil penalties for its failure to report deemed finally accepted on the 16th Cheryl Falvey, as required under section 15(b) of the calendar day after the date it is General Counsel. CPSA, 15 U.S.C. 2064(b). published in theFederal Register, in Ronald G. Yelenik, Response of Lasko Assistant General Counsel, Division of accordance with 16 CFR 1118.20(f). Compliance, Office of the General Counsel. 11. In the spring and early summer of 19. Upon the Commission’s final Dated: 12/16/08. 2005, Lasko received notice of a number acceptance of the Agreement and By: Belinda V. Bell, Trial Attorney, Division of claims and/or received certain issuance of the final Order, Lasko of Compliance, Office of the General Counsel. products for inspection that indicated a knowingly, voluntarily and completely United States of America potential pattern of failure that had not waives any rights it may have in this been seen prior to that time. matter to the following: (i) An Consumer Product Safety Commission 12. The number and the nature ofadministrative or judicial hearing; (ii) In the Matter of Lasko Products Inc. incidents or claims reported to Laskojudicial review or other challenge or prior to the summer of 2005 wascontest of the Commission’s actions; (iii) [CPSC Docket No. 09–C0003] insufficient to indicate any specific a determination by the Commission as Order failure mode, pattern of failure or toto whether Lasko failed to comply with reasonably support the conclusion thatthe CPSA and the underlyingUpon consideration of the Settlement the fans contained a defect which couldregulations; (iv) a statement of findingsAgreement entered into between Lasko create a substantial product hazard, orof fact and conclusions of law; and (v) Products Inc. (‘‘Lasko’’) and the U.S.

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Consumer Product Safety Commission DEPARTMENT OF DEFENSE information contained therein may (‘‘Commission’’) staff, and the specifically be disclosed outside the Commission having jurisdiction over Office of the Secretary DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows: the subject matter and over Lasko, and [Docket ID DOD–2009–OS–0003] To the U.S. Department of the it appearing that the Settlement Treasury to provide information on Agreement and Order are in the public Privacy Act of 1974; System of check issues and electronic funds interest, it is Records transfers. Orderedthat the Settlement AGENCY :Defense Finance and To Federal Reserve banks to distribute Agreement be, and hereby is, accepted Accounting Service, DoD. payments made through the direct and it is ACTION :Notice to amend a system of deposit system to financial Further ordered records. organizations that Lasko shall payor their processing agents a civil penalty in the amount of five authorized by individuals to receive and SUMMARY :The Defense Finance and hundred thousand dollars deposit payments in their accounts. Accounting Service is proposing to The DoD ‘Blanket Routine Uses’ ($500,000.00), within twenty (20) amend a system of records notice in its published at the beginning of the DFAS calendar days of service of the existing inventory of record systems compilation of systems of records Commission’s final Order accepting the subject to the Privacy Act of 1974 (5 notices apply to this system.’’ Settlement Agreement. The payment U.S.C. 552a), as amended. shall be made by check payable to the * * * * * DATES :The proposed action will be order of the United States Treasury. effective without further notice on SAFEGUARDS : Upon the failure of Lasko to make the February 23, 2009 unless comments are Delete entry and replace with foregoing payment when due, interest received which would result in a ‘‘Records are stored in an office building on the unpaid amount shall accrue and contrary determination. protected by guards, controlled be paid by Lasko at the federal legal rate ADDRESSES : screening, use of visitor registers, Defense Finance and of interest set forth at 28 U.S.C. 1961(a) Accounting Service, Freedom of electronic access, and/or locks. Access and (b). Information Act/Privacy Act Program to records is limited to individuals who Provisionally accepted and Manager, 8899 E. 56th Street, are properly screened and cleared on a Provisional Order issued on the 9th day Indianapolis, IN 46249–0150. need to know basis in the performance Passwords and digital of January 2009. FOR FURTHER INFORMATION CONTACT : Ms. oftheir duties. signatures are used to control access to Linda Krabbenhoft at (303) 589–3510. By Order of the Commission. the system data, and procedures are in SUPPLEMENTARY INFORMATION :The place to deter and detect browsing and Todd A. Stevenson, Defense Finance and Accounting unauthorized access. Physical and Secretary, Service’s system of record notices electronic access are limited to persons subject to the Privacy Act of 1974 (5 Consumer Product Safety Commission. responsible for servicing and authorized U.S.C. 552a), as amended, have been [FR Doc. E9–755 Filed 1–21–09; 8:45 am] to use the system.’’ published in theFederal Registerand BILLING CODE 6355–01–M are available from the address above. RETENTION AND DISPOSAL : The specific changes to the record Delete entry and replace with system being amended are set forth ‘‘Records may be temporary in nature below followed by the notice, as and deleted when actions are DEPARTMENT OF DEFENSE amended, published in its entirety. The completed, superseded, obsolete, or no proposed amendment is not within the longer needed. Other records may be cut DEPARTMENT OF ENERGY purview of subsection (r) of the Privacy off at the end of the payroll year, or Act of 1974 (5 U.S.C. 552a), as amended, destroyed up to 6 years and 3 months ENVIRONMENTAL PROTECTION which requires the submission of new after cutoff. Records are destroyed by AGENCY or altered systems reports. degaussing.’’ Dated: January 13, 2009. NUCLEAR REGULATORY NOTIFICATION PROCEDURE : Morgan E. Frazier, COMMISSION Delete entry and replace with Alternate OSD Federal Register Liaison Officer, Department of Defense. ‘‘Individuals seeking to determine [Docket No. EPA–HQ–OAR–2006–0957] whether information about themselves T7901a is contained in this system of records MultiAgency Radiation Survey and should address inquiries to Defense SYSTEM NAME : Assessment of Materials and Finance and Accounting Service, Standard Negotiable Instrument Equipment Manual Freedom of Information/Privacy Act Processing System (June 4, 2007, 72 FR Program Manager, Corporate Correction 30786). Communications and Legislative CHANGES : Liaison, 8899 E. 56th Street, In notice document E9–975 beginning Indianapolis, IN 46249–1050. on page 2998 in the issue of Friday, * * * * * Written requests should contain January 16, 2008, the docket number ROUTINE USES OF RECORDS MAINTAINED IN THE individual’s full name, Social Security should read as set forth above. SYSTEM , INCLUDING CATEGORIES OF USERS AND Number (SSN), current address and THE PURPOSES OF SUCH USES : [FR Doc. Z9–975 Filed 1–21–09; 8:45 am] telephone number.’’ BILLING CODE 1505–01–D Delete entry and replace with ‘‘In RECORD ACCESS PROCEDURES : addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of theDelete entry and replace with Privacy Act, these records or‘‘Individuals seeking access to

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