K.S. Trading Corporation Inc., Provisional Acceptance of a Settlement Agreement and Order, CPSC Docket

K.S. Trading Corporation Inc., Provisional Acceptance of a Settlement Agreement and Order, CPSC Docket

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Federal Register/Vol. 74, No. 179/Thursday, September 17, 2009/Notices 47781 or practice. The USPTO is providing CA 90802–4213; phone (562)980–4001; CONSUMER PRODUCT SAFETY this opportunity for public comment fax (562)980–4018; and COMMISSION because the USPTO desires the benefit Pacific Islands Region, NMFS, 1601 Sunshine Act Meetings of public comment on the Interim Patent Kapiolani Blvd., Rm 1110, Honolulu, HI Subject Matter Eligibility Examination 96814–4700; phone (808)944–2200; fax TIME AND DATE: Tuesday, September 22, Instructions; however, notice and an (808)973–2941. 2009, 2 p.m. opportunity for public comment are not FOR FURTHER INFORMATION CONTACT: PLACE: Hearing Room 420, Bethesda required under 5 U.S.C. 553(b) or any Kristy Beard or Carrie Hubard, Towers, 4330 East West Highway, other law. See Cooper Techs. Co. v. (301)713–2289. Bethesda, Maryland. Dudas, 536 F.3d 1330, 1336–37, 87 SUPPLEMENTARY INFORMATION: On April U.S.P.Q.2d 1705, 1710 (Fed. Cir. 2008) STATUS: Closed to the Public. 16, 2009, a notice was published in the (stating that 5 U.S.C. 553, and thus 35 Federal Register (74 FR 17635) that Dr. MATTER TO BE CONSIDERED: Compliance U.S.C. 2(b)(2)(B), does not require notice Au had submitted an application to Weekly Report—Commission Briefing and comment rule making for amend Permit No. 1000–1617–04, The staff will brief the Commission on ‘‘ ‘interpretative rules, general which authorizes behavioral various compliance matters. statements ...

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Federal Register/ Notices/ Vol.74, No. 179/ Thursday,September 17, 2009
47781
or practice. The USPTO is providingCA 90802–4213; phone (562)980–4001;CONSUMER PRODUCT SAFETY this opportunity for public commentfax (562)980–4018; andCOMMISSION because the USPTO desires the benefitPacific Islands Region, NMFS, 1601 of public comment on the Interim PatentKapiolani Blvd., Rm 1110, Honolulu, HISunshine Act Meetings Subject Matter Eligibility Examination96814–4700; phone (808)944–2200; fax TIME AND DATE:Tuesday, September 22, Instructions; however, notice and an(808)973–2941. 2009, 2 p.m. opportunity for public comment are notFOR FURTHER INFORMATION CONTACT: PLACE:Hearing Room 420, Bethesda required under 5 U.S.C. 553(b) or anyKristy Beard or Carrie Hubard, Towers, 4330 East West Highway, other law.See Cooper Techs. Co.v. (301)713–2289. Dudas, 536 F.3d 1330, 1336–37, 87Bethesda, Maryland. SUPPLEMENTARY INFORMATION:On April U.S.P.Q.2d 1705, 1710 (Fed. Cir. 2008) 16, 2009, a notice was published in theSTATUS:Closed to the Public. (stating that 5 U.S.C. 553, and thus 35 Federal Register(74 FR 17635) that Dr.MATTER TO BE CONSIDERED:Compliance U.S.C. 2(b)(2)(B), does not require notice Au had submitted an application to Weekly Report—Commission Briefing and comment rule making for amend Permit No. 1000–1617–04, The staff will brief the Commission on ‘‘ ‘interpretative rules, general which authorizes behavioral various compliance matters. statements of policy, or rules of agency observations, photoidentification, For a recorded message containing the organization, procedure, or practice.’ ’’ genetic sampling, and suctioncup latest agenda information, call (301) (quoting 5 U.S.C. 553(b)(A))). Persons tagging of cetaceans in Hawaii and 504–7948. submitting written comments should California. The amendment was CONTACT PERSON FOR MORE INFORMATION: note that the USPTO may not provide a requested under the authority of the Todd A. Stevenson, Office of the ‘‘comment and response’’ analysis of Marine Mammal Protection Act of 1972, Secretary, U.S. Consumer Product such comments as notice and an as amended (16 U.S.C. 1361et seq.), the Safety Commission, 4330 East West opportunity for public comment are not regulations governing the taking and Highway, Bethesda, MD 20814, (301) required under 5 U.S.C. 553(b) or any importing of marine mammals (50 CFR 504–7923. other law. part 216), and the Endangered Species Dated: September 11, 2009. Act of 1973, as amended (16 U.S.C. 1531 Dated: September 11, 2009. Todd A. Stevenson, et seq.). The applicant has withdrawn David J. Kappos, Secretary. his application. Under Secretary of Commerce for Intellectual [FR Doc. E9–22396 Filed 9–16–09; 8:45 am] Property and Director of the United StatesDated: September 14, 2009. Patent and Trademark Office. BILLING CODE 6355–01–M P. Michael Payne, [FR Doc. E9–22420 Filed 9–16–09; 8:45 am] Chief, Permits, Conservation and Education Division, Office of Protected Resources, BILLING CODE 3510–16–P CONSUMER PRODUCT SAFETY National Marine Fisheries Service. COMMISSION [FR Doc. E9–22415 Filed 9–16–09; 8:45 am] DEPARTMENT OF COMMERCE[CPSC Docket No. 09–C0036] BILLING CODE 3510–22–S National Oceanic and Atmospheric K.S. Trading Corporation, Inc., Administration Provisional Acceptance of a CONSUMER PRODUCT SAFETY Settlement Agreement and Order RIN 0648–XR64COMMISSION AGENCY:Consumer Product Safety Marine Mammals; File No. 1000–1617Sunshine Act Meetings Commission. ACTION:Notice. AGENCY:National Marine FisheriesTIME AND DATE:Thursday, September 24 , Service (NMFS), National Oceanic and 2009, 2 p.m. SUMMARY:It is the policy of the Atmospheric Administration (NOAA), PLACE:Hearing Room 420, Bethesda Commission to publish settlements Commerce. Towers, 4330 EastWest Highway, which it provisionally accepts under the ACTION:Notice; withdrawal ofBethesda, Maryland. Consumer Product Safety Act in the application. STATUS:Closed to the public. Federal Registerin accordance with the MATTER TO BE CONSIDERED:Compliance terms of 16 CFR 1118.20(e). Published SUMMARY:Notice is hereby given that Status Report (Monthly)—Commission below is a provisionallyaccepted Whitlow Au, PhD, University of Hawaii, Briefing. Settlement Agreement with K.S. Trading Hawaii Institute of Marine Biology, The staff will brief the Commission on Corporation, containing a civil penalty Marine Mammal Research Program, PO various compliance matters. of $35,000.00. Box 1106, Kailua, Hawaii 96734, has For a recorded message containing the withdrawn an application to amendDATES:Any interested person may ask latest agenda information, call (301) Scientific Research Permit No. 1000–the Commission not to accept this 504–7948. 1617–04. agreementor otherwise comment on its CONTACT PERSON FOR MORE INFORMATION: contents by filing a written request with ADDRESSES:The documents related to Todd A. Stevenson, Office of the the Office of the Secretary by October 2, this action are available for review upon Secretary, U.S. Consumer Product 2009. written request or by appointment in the Safety Commission, 4330 EastWest following offices:ADDRESSES:Persons wishing to Highway, Bethesda, MD 20814, (301) Permits, Conservation and Educationcomment on this Settlement Agreement 504–7923. Division, Office of Protected Resources,should send written comments to the Dated: September 11, 2009. NMFS, 1315 EastWest Highway, RoomComment 09–C0036, Office of the Todd A. Stevenson, 13705, Silver Spring, MD 20910; phoneSecretary, Consumer Product Safety Secretary. (301)713–2289; fax (301)713–0376;Commission, 4330 East West Highway, [FR Doc. E9–22397 Filed 9–16–09; 8:45 am] Southwest Region, NMFS, 501 WestRoom 502, Bethesda, Maryland 20814– Ocean Blvd., Suite 4200, Long Beach,BILLING CODE 6355–01–M4408.
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FOR FURTHER INFORMATION CONTACT:the term ‘‘knowingly’’ is defined inGuidelines, the Staff recommends that Dennis C. Kacoyanis, Trial Attorney,there be no hood and neck drawstringsCPSA section 20(d), 15 U.S.C. 2069(d). Division of Compliance, Office of thein children’s upper outerwear sized 2TThis failure violated CPSA section General Counsel, Consumer Productto 12.19(a)(4), 15 U.S.C. 2068(a)(4). Pursuant Safety Commission, 4330 East West7. In June 1997, ASTM adopted ato CPSA section 20, 15 U.S.C. 2069, this voluntary standard, ASTM F1816–97, Highway, Bethesda, Maryland 20814–failure subjected K.S. Trading to civil which incorporated the Guidelines. The 4408; telephone (301) 504–7587.penalties. Guidelines state that firms should be SUPPLEMENTARY INFORMATION:The text of K.S. Trading’s Response aware of the hazards and should be sure the Agreement and Order appears garments they sell conform to the14. K.S. Trading denies the Staff’s below. voluntary standard.allegations that K.S. Trading violated Dated: September 14, 2009. 8. On May 19, 2006, the Commissionthe CPSA. Todd A. Stevenson, posted on its Web site a letter from the Agreement of the Parties Secretary.Commission’s Director of the Office of Compliance to manufacturers,15. Under the CPSA, the Commission Settlement Agreement importers, and retailers of children’shas jurisdiction over this matter and 1. In accordance with 16 CFR 1118.20, upper outerwear. The letter urges themover K.S. Trading. K.S. Trading Corporation (‘‘K.S.16. The parties enter into the to make certain that all children’s upper Trading’’) and the staff (‘‘Staff’’) of theAgreement for settlement purposes only. outerwear sold in the United States United States Consumer Product Safety complies with ASTM F1816–97. TheThe Agreement does not constitute an Commission (‘‘Commission’’) enter intoletter states that the Staff considersadmission by K.S. Trading, or a this Settlement Agreementchildren’s upper outerwear withdetermination by the Commission, that (‘‘Agreement’’). The Agreement and thedrawstrings at the hood or neck area toK.S. Trading has knowingly violated the incorporated attached Order (‘‘Order’’)be defective and to present a substantialCPSA. 17. In settlement of the Staff’s settle the Staff’s allegations set forthrisk of injury to young children under allegations, K.S. Trading shall pay a below. FederalHazardous Substances Act civil penalty in the amount of thirtyfive (‘‘FHSA’’) section 15(c), 15 U.S.C. Parties thousand dollars ($35,000.00) within 1274(c). The letter also notes the CPSA’s 2. The Commission is an independenttwenty (20) calendar days of service of section 15(b) reporting requirements. Federal regulatory agency established9. K.S. Trading reported to thethe Commission’s final Order accepting pursuant to, and responsible for theCommission there had been nothe Agreement. The payment shall be by enforcement of, the Consumer Productincidents or injuries involvingcheck payable to the order of the United Safety Act, 15 U.S.C. 2051–2089Drawstring Sweatshirts.States Treasury. (‘‘CPSA’’). 10.K.S. Trading’s manufacture and18. Upon provisional acceptance of 3. K.S. Trading is a corporationdistribution in commerce of thethe Agreement, the Agreement shall be organized and existing under the laws ofDrawstring Sweatshirts did not meet theplaced on the public record and the State of New Jersey, with itsGuidelines or ASTM F1816–97, failed topublished in theFederal Registerin principal offices located in Moonachie,comport with the Staff’s May 2006accordance with the procedures set NJ. K.S. Trading is an importer ofdefect notice, and posed a strangulationforth in 16 CFR 1118.20(e). In apparel. hazardto children.accordance with 16 CFR 1118.20(f), if 11. On August 6, 2008, thethe Commission does not receive any Staff Allegations Commission and K.S. Tradingwritten request not to accept the 4. Between June 26, 2007 and July 11,announced a recall of the DrawstringAgreement within fifteen (15) calendar 2007, K.S. Trading imported about 5,740Sweatshirts. The recall informeddays, the Agreement shall be deemed boys’ hooded sweatshirts withconsumers that they shouldfinally accepted on the sixteenth (16th) drawstrings (‘‘Drawstring Sweatshirts’’)immediately remove the drawstrings tocalendar day after the date it is that were distributed from July 2007 toeliminate the hazard.published in theFederal Register. August 2007 to several nationwide12. K.S. Trading had presumed and19. Upon the Commission’s final retailers, who inturn sold them toactual knowledge that the Drawstringacceptance of the Agreement and consumers under the ‘‘Raw Blue’’ tradeSweatshirts distributed in commerceissuance of the final Order, K.S. Trading name. poseda strangulation hazard andknowingly, voluntarily, and completely 5. The Drawstring Sweatshirts arepresented a substantial risk of injury towaives any rights it may have regarding ‘‘consumer product[s],’’ and, at all timeschildren under FHSA section 15(c)(1),the Staff’s allegations to the following: relevant hereto, K.S. Trading was a15 U.S.C. 1274(c)(1). K.S. Trading had(1) An administrative or judicial ‘‘manufacturer’’ of those consumerobtained information that reasonablyhearing; (2) judicial review or other products, which were ‘‘distributed insupported the conclusion that thechallenge or contest of the validity of commerce,’’ as those terms are definedDrawstring Sweatshirts contained athe Order or of the Commission’s in CPSA sections 3(a) (5), (8), and (11),defect that could create a substantialactions; (3) a determination by the 15 U.S.C. 2052(a)(5), (8), and (11).product hazard or that they created anCommission of whether K.S. Trading 6. In February 1996, the Staff issuedunreasonable risk of serious injury orfailed to comply with the CPSA and its the Guidelines for Drawstrings ondeath. CPSA sections 15(b)(3) and (4),underlying regulations; (4) a statement Children’s Upper Outerwear15 U.S.C. 2064(b)(3) and (4), requiredof findings of fact and conclusions of (‘‘Guidelines’’) to help prevent childrenK.S. Trading to immediately inform thelaw; and (5) any claims under the Equal from strangling or entangling on neckCommission of the defect and risk.Access to Justice Act. and waist drawstrings. The Guidelines13. K.S. Trading knowingly failed to20. The Commission may publicize state that drawstrings can cause, andimmediately inform the Commissionthe terms of the Agreement and the have caused, injuries and deaths whenabout the Drawstring Sweatshirts asOrder. they catch on items such as playgroundrequired by CPSA sections 15(b)(3) and21. The Agreement and the Order equipment, bus doors, or cribs. In the(4), 15 U.S.C. 2064(b)(3) and (4), and asshall apply to, and be binding upon,
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K.S. Trading and each of its successorsFurther ordered,that K.S. TradingSUPPLEMENTARY INFORMATION:The text of and assigns.shall pay a civil penalty in the amountthe Agreement and Order appears 22. The Commission issues the Orderof thirtyfive thousand dollarsbelow. under the provisions of the CPSA, and($35,000.00) within twenty (20) Dated: September 14, 2009. violation of the Order may subject thosecalendar days of service of the Todd A. Stevenson, referenced in paragraph 21 above to Commission’s final Order accepting the Secretary. appropriate legal action. Agreement. The payment shall be by 23. The Agreement may be used in check payable to the order of the UnitedSettlement Agreement interpreting the Order. Understandings, States Treasury. Upon the failure of K.S. 1. In accordance with 16 CFR 1118.20, agreements, representations, or Trading to make the foregoing payment Maran, Inc. (‘‘Maran’’) and the staff interpretations apart from those when due, interest on the unpaid (‘‘Staff’’) of the United States Consumer contained in the Agreement and the amount shall accrue and be paid by K.S. Product Safety Commission Order may not be used to vary or Trading at the Federal legal rate of (‘‘Commission’’) enter into this contradict their terms. The Agreement interest set forth at 28 U.S.C. 1961(a) Settlement Agreement (‘‘Agreement’’). shall not be waived, amended, and (b). The Agreement and the incorporated modified, or otherwise altered without Provisionally accepted and provisional attached Order (‘‘Order’’) settle the written agreement thereto executed by Order issued on the 4th day of September Staff’s allegations set forth below. the party against whom such waiver, 2009. amendment, modification, or alteration Parties By order of the Commission. is sought to be enforced. Todd A. Stevenson, 2. The Commission is an independent 24. If any provision of the Agreement Secretary, U.S. Consumer Product Safety federal regulatory agency established and the Order is held to be illegal, Commission. pursuant to, and responsible for the invalid, or unenforceable under present [FR Doc. E9–22398 Filed 9–16–09; 8:45 am] enforcement of, the Consumer Product or future laws effective during the terms Safety Act, 15 U.S.C. 2051–2089 BILLING CODE 6355–01–P of the Agreement and the Order, such (‘‘CPSA’’). provision shall be fully severable. The 3. Maran is a corporation organized balance of the Agreement and the Order CONSUMER PRODUCT SAFETY and existing under the laws of the State shall remain in full force and effect, COMMISSION of Delaware, with its principal offices unless the Commission and K.S. located in North Bergen, NJ. Maran is an Trading agree that severing the [CPSC Docket No. 09–C0035]importer of apparel. provision materially affects the purpose of the Agreement and the Order. Staff Allegations Maran, Inc., Provisional Acceptance of K.S. Trading Corporation a Settlement Agreement and Order 4. Maran imported about 6,000 girls’ Dated: July 14, 2009. corduroy jackets with pink hoods and AGENCY:Consumer Product Safety Shin Auk Kang, drawstrings (‘‘Drawstring Jackets’’). Commission. President and Chief Executive Officer, K.S. From April 30, 2006 to May 25, 2006, Trading Corporation, ACTION:Notice. Maran imported the Drawstring Jackets 75 Knickerbocker Road, Moonachie, NJ and sold them from January 27, 2007 to 07074. SUMMARY:It is the policy of the January 29, 2009 to a major nationwide Dated: July 20, 2009.Commission to publish settlements retailer who in turn sold them to Jay R. McDaniel, Esquire,which it provisionally accepts under the consumers. Consumer Product Safety Act in the Counsel for Respondent K.S. Trading 5. The Drawstring Jackets are Corporation, McDaniel & Chusid, LLP, Federal Registerin accordance with the 54 Main Street, Hackensack, NJ 07601–7007.‘‘consumer product[s],’’ and, at all times terms of 16 CFR 1118.20(e). Published relevant hereto, Maran was a U.S. Consumer Product Safety Commission. below is a provisionally accepted ‘‘manufacturer’’ of those consumer Cheryl A. Falvey, Settlement Agreement with Maran, Inc., General Counsel.products, which were ‘‘distributed in containing a civil penalty of $50,000.00. commerce,’’ as those terms are defined Ronald G. Yelenik, DATES:Any interested person may ask Assistant General Counsel, Office of thein CPSA sections 3(a)(5), (8), and (11), the Commission not to accept this General Counsel.15 U.S.C. § 2052(a)(5), (8), and (11). agreement or otherwise comment on its Dated: July 21, 2009.6. In February 1996, the Staff issued contents by filing a written request with Dennis C. Kacoyanis,the Guidelines for Drawstrings on the Office of the Secretary by October 2, Trial Attorney, Division of Compliance,Children’s Upper Outerwear 2009. Office of the General Counsel. (‘‘Guidelines’’) to help prevent children ADDRESSES:Persons wishing to from strangling or entangling on neck Ordercomment on this Settlement Agreement and waist drawstrings. The Guidelines should send written comments to Upon consideration of the Settlementstate that drawstrings can cause, and Comment 09–C0035, Office of the Agreement entered into between K.S.have caused, injuries and deaths when Secretary, Consumer Product Safety Trading Corporation (‘‘K.S. Trading’’)they catch on items such as playground Commission, 4330 EastWest Highway, and the U.S. Consumer Product Safetyequipment, bus doors, or cribs. In the Room 502, Bethesda, Maryland 20814– Commission (‘‘Commission’’) staff, andGuidelines, the Staff recommends that 4408. the Commission having jurisdictionthere be no hood and neck drawstrings FOR FURTHER INFORMATION CONTACT over the subject matter and over K.S.:in children’s upper outerwear sized 2T Trading, and it appearing that theDennis C. Kacoyanis, Trial Attorney,to 12. Settlement Agreement and the Order areDivision of Compliance, Office of the7. In June 1997, ASTM adopted a in the public interest, it isGeneral Counsel, Consumer Productvoluntary standard, ASTM F1816–97, Ordered,that the SettlementSafety Commission, 4330 EastWestwhich incorporated the Guidelines. The Agreement be, and hereby is, accepted;Highway, Bethesda, Maryland 20814–Guidelines state that firms should be and it is4408; telephone (301) 504–7587.aware of the hazards and should be sure
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