Submission for OMB review; comment request, 38886-38887 [05-13191]
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Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices
the CPSA, 15 U.S.C. 2069, Respondent
is subject to civil penalties.
Response of Rose Art
11. Rose Art denies the allegations of
the staff that the Kits contain a defect
which could create a substantial
product hazard, or create an
unreasonable risk of serious injury or
death, and denies that it violated the
reporting requirements of section 15(b)
of the CPSA, 15 U.S.C. 2064(b).
Respondent also denies that the
products when maintained and used
properly create a substantial product
hazard or an unreasonable risk of
serious injury or death under section
15(b) of the CPSA, 15 U.S.C. 2064(b).
Respondent asserts that it did not
‘‘knowingly’’ violate any reporting
requirements under the CPSA.
Respondent further asserts that any
injury associated with the use of its
products was attributable to
unreasonable consumer misuse of the
products contrary to instructions and
without adequate adult supervision.
12. Notwithstanding its denial that
the Kits contain a defect which could
create a substantial product hazard, or
create an unreasonable risk of serious
injury or death, Respondent
nevertheless, cooperated with the staff
in recalling the products.
Agreement of The Parties
13. The Commission has jurisdiction
over this matter and over Rose Art
Under the CPSA, 15 U.S.C. 2051–2084.
14. In settlement of the staff’s
allegations, Rose Art agrees to pay a
civil penalty of three hundred thousand
dollars ($300,000.00) in two
installments. The first installment of
one hundred fifty thousand dollars
($150,000.00) shall be paid within
twenty (20) calendar days of service of
the Final Order of the Commission
accepting this Settlement Agreement.
The second installment of one hundred
fifty thousand dollars ($150.000.00)
shall be paid on or before January 31,
2006. These payments shall be made by
check payable to the order of the United
States Treasury.
15. The parties enter into this
Settlement Agreement for settlement
purposes only. The Settlement
Agreement does not constitute an
admission by Rose Art, or a
determination by the Commission that
Rose Art has violated the CPSA’s
reporting requirements.
16. Upon provisional acceptance of
this Settlement Agreement and Order by
the Commission, the Commission shall
place this Agreement and Order on the
public record and shall publish it in the
Federal Register in accordance with he
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procedure set forth in 16 C.F.R.
1118.20(e). If the Commission does not
receive any written request not to accept
the Settlement Agreement and Order
within 15 days, the Agreement and
Order shall be deemed finally accepted
on the 16th day after the date it is
published in the Federal Register
17. Upon final acceptance of this
Settlement Agreement by the
Commission and issuance of the Final
Order, Rose Art knowingly, voluntarily
and completely waives any rights it may
have in this matter to the following: (i)
An administrative or judicial hearing;
(ii) judicial review or other challenge or
contest of the validity of the
Commission’s actions; (iii) a
determination by the Commission as to
whether Respondent failed to comply
with the CPSA and its underlying
regulations; (iv) a statement of findings
of fact and conclusions of law; and (v)
any claims under the Equal Access to
Justice Act.
18. The Commission may publicize
the terms of the Settlement Agreement
and Order.
19. This Settlement Agreement and
Order shall apply to, and be binding
upon Respondent and each of its
successors and assigns.
20. The Commission’s Order in this
matter is issued under the provisions of
the CPSA, 15 U.S.C. 2051–2084, and a
violation of the Order may subject
Respondent to appropriate legal action.
21. This Settlement Agreement may
be used in interpreting the Order.
Agreements, understandings,
representations, or interpretations made
outside of this Settlement Agreement
and Order may not be used to vary or
to contradict its terms.
22. The Settlement Agreement and
Order shall not be waived, changed,
amended, modified, or otherwise
altered, except in writing executed by
the party against whom such
amendment, modification, alteration, or
waiver is sought to be enforced, and
approved by the Commission.
23. If, after the effective date hereof,
any provision of this Settlement
Agreement and Order is held to be
illegal, invalid, or unenforceable under
present or future laws effective during
the terms of the Settlement Agreement
and Order shall remain in full effect,
unless the Commission and Respondent
determine that severing the provision
materially impacts the purpose of the
Settlement Agreement and Order.
Rose Art Industries, Inc.
Dated: April 25, 2005
Jeffrey Rosen,
Chief Operating Officer, Rose Art Industries,
Inc., 6 Regent Street, Livingston, NJ 07039.
Frederick B. Locker, Esq.,
PO 00000
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Locker, Brainin & Greenberg, 420 Fifth
Avenue, New York, NY 10018, Counsel for
Rose Art Industries, Inc.
U.S. Consumer Product Safety
Commission.
John Gibson Mullan,
Director, Office of Compliance.
Eric L. Stone, Director,
Legal Division, Office of Compliance.
Dated: April 27, 2005.
Ronald G. Yelenik,
Senior Attorney, M. Reza Malihi, Trial
Attorney, Legal Division, Office of
Compliance.
Order
Upon consideration of the Settlement
Agreement entered into between Rose
Art Industries, Inc. (‘‘Rose Art’’) and the
staff of the U.S. Consumer Product
Safety Commission (the ‘‘Commission’’),
and the Commission having jurisdiction
over the subject matter and over Rose
Art, and it appearing that the Settlement
Agreement is in the public interest, it is
Ordered, that the Settlement
Agreement be, and hereby is, accepted;
and it is
Further Ordered, that Rose Art shall
pay a civil penalty of three hundred
thousand dollars ($300,000.00) in two
installments. The first installment of
one hundred fifty thousand dollars
($150,000.00) shall be paid within
twenty (20) calendar days of service of
the Final Order of the Commission
accepting the Settlement Agreement.
The second installment of one hundred
fifty thousand dollars ($150,000.00)
shall be paid on or before January 31,
2006. These payments shall be made by
check payable to the order of the United
States Treasury. Upon the failure of
Rose Art to make a payment or upon the
making of a late payment, (i) the entire
amount of the civil penalty shall
become due and payable, and (ii)
interest on the outstanding balance shall
accrue and be paid at the federal legal
rate of interest under the provisions of
28 U.S.C. 1961(a) and (b).
Provisionally accepted and Provisional
Order issued on the 30th day of June, 2005.
By Order of the Commission,
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 05–13288 Filed 7–5–05; 8:45 am]
BILLING CODE 6355–01–M
DEPARTMENT OF DEFENSE
Office of the Secretary
Submission for OMB review; comment
request
ACTION:
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Notice.
06JYN1
Federal Register / Vol. 70, No. 128 / Wednesday, July 6, 2005 / Notices
The Department of Defense has
submitted to OMB for clearance, the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
DEPARTMENT OF DEFENSE
Consideration will be given to all
comments received by August 5, 2005.
Title and OMB Number: Commissary
Evaluation and Utility Surveys—
Generic; OMB Number 0704–0407.
Type of Request: Extension.
Number of Respondents: 6,633.
Responses Per Respondent: 1.
Annual Responses: 6,633.
Average Burden Per Response: 1.34
minutes (average).
Annual Burden Hours: 148.
Needs and Uses: The Defense
Commissary Agency (DeCA) will
conduct a variety of one-time surveys to
include customer satisfaction and
preference surveys on various services
and processes within the commissary
system. The survey population will
include, but is not limited to, persons
eligible to use the commissary
throughout the world. The information
collected will be used to support or
assess: (1) Commissary renovation and
new construction, (2) commissary site
decisions, (3) impact to commissaries
that are near a closing commissary or a
commissary that is undergoing some
other kind of transformation, (4)
processes within the commissaries, (5)
commissary patrons perception of
savings compared to local commercial
supermarkets, and (6) demographic
mark-up of commissary users.
Affected Public: Individuals or
households; business or other for-profit.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: Mr. Lewis
Oleinick. Written comments and
recommendations on the proposed
information collection should be sent to
Mr. Oleinick at the Office of
Management and Budget, Desk Officer
for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503.
DOD Clearance Officer: Ms. Patricia
Toppings. Written requests for copies of
the information collection proposal
should be sent to Ms. Toppings, WHS/
ESD/Information Management Division,
1225 South Clark Street, Suite 504,
Arlington, VA 22202–4326.
ACTION:
DATES:
Dated: June 27, 2005.
Patricia L. Toppings,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 05–13191 Filed 7–5–05; 8:45 am]
BILLING CODE 5001–06–M
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Jkt 205001
Office of the Secretary
Submission for OMB Review;
Comment Request
Dated: June 27, 2005.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 05–13192 Filed 7–5–05; 8:45 am]
BILLING CODE 5001–06–M
Notice.
The Department of Defense has
submitted to OMB for clearance, the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
DATES: Consideration will be given to all
comments received by August 5, 2005.
Title, Form, and OMB Number:
Application for Uniformed Services
Identification Card—DEERS Enrollment;
DD Form 1172; OMB Number 0704–
0020.
Type of Request: Revision.
Number of Respondents: 1,146,898.
Responses Per Respondent: 1.
Annual Responses: 1,146,898.
Average Burden Per Response: 5
minutes.
Annual Burden Hours: 95,575.
Needs and Uses: This information
collection requirement is needed to
obtain the necessary information to
authorize members of the Uniformed
Services, their spouses and dependents,
and other authorized individuals certain
benefits and privileges. These privileges
include health care, use of commissary,
base exchange, and morale, welfare, and
recreation facilities. This information
collection is needed to obtain the
necessary data to determine eligibility,
to provide eligible individuals with an
identification care for benefits and
privileges administered by the
Uniformed Services, and maintain a
centralized database of eligible
individuals.
Affected Public: Individuals or
households.
Frequency: On occasion.
Respondent’s Obligation: Required to
obtain or retain benefits.
OMB Desk Officer: Mr. Lewis
Oleinick.
Written comments and
recommendations on the proposed
information collection should be sent to
Mr. Oleinick at the Office of
Management and Budget, Desk Officer
for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503.
DOD Clearance Officer: Ms. Patricia
Toppings.
Written requests for copies of the
information collection proposal should
be sent to Ms. Toppings, WHS/ESD/
Information Management Division, 1225
South Clark Street, Suite 504, Arlington,
VA 22202–4326.
PO 00000
38887
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DEPARTMENT OF DEFENSE
Office of the Secretary
New Collection; Comment Request
Office of the Assistant
Secretary of Defense for Health Affairs,
DoD.
ACTION: Notice.
AGENCY:
In accordance with section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the Office of the
Assistant Secretary of Defense (Health
Affairs) announces the new collection of
a public information collection and
seeks public comment on the provisions
thereof. Comments are invited on: (a)
Whether the new collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the information
collection; (c) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (d)
ways to minimize the burden of the
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology.
DATES: Consideration will be given to all
comments received by September 6,
2005.
ADDRESSES: Written comments and
recommendations on the information
collection will be sent to Office of the
Assistant Secretary of Defense (Health
Affairs) TRICARE Management Activity,
Contracting Office, 16401 East
Centretech Parkway, Aurora Colorado
80011–9088—Attn: Mr. Bruce Mitterer
or Mr. Marty Blomberg.
FOR FURTHER INFORMATION CONTACT: To
request more information on this
proposed information collection, please
write to the above address or contact
one of the following: Mr. Bruce Mitterer,
TRICARE Management Activity,
Contracting Officer, or Mr. Marty
Blomberg, 16401 East Centretech
Parkway, Aurora, Colorado 80011–9088,
1–303–676–3575.
Title; Associated Form; and OMB
Number: TRIWEST/TRICARE Provider
Satisfaction Survey.
Needs and Uses: The data will be
used to improve the services and
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]]>Agencies
[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Notices]
[Pages 38886-38887]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13191]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
Submission for OMB review; comment request
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 38887]]
The Department of Defense has submitted to OMB for clearance, the
following proposal for collection of information under the provisions
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
DATES: Consideration will be given to all comments received by August
5, 2005.
Title and OMB Number: Commissary Evaluation and Utility Surveys--
Generic; OMB Number 0704-0407.
Type of Request: Extension.
Number of Respondents: 6,633.
Responses Per Respondent: 1.
Annual Responses: 6,633.
Average Burden Per Response: 1.34 minutes (average).
Annual Burden Hours: 148.
Needs and Uses: The Defense Commissary Agency (DeCA) will conduct a
variety of one-time surveys to include customer satisfaction and
preference surveys on various services and processes within the
commissary system. The survey population will include, but is not
limited to, persons eligible to use the commissary throughout the
world. The information collected will be used to support or assess: (1)
Commissary renovation and new construction, (2) commissary site
decisions, (3) impact to commissaries that are near a closing
commissary or a commissary that is undergoing some other kind of
transformation, (4) processes within the commissaries, (5) commissary
patrons perception of savings compared to local commercial
supermarkets, and (6) demographic mark-up of commissary users.
Affected Public: Individuals or households; business or other for-
profit.
Frequency: On occasion.
Respondent's Obligation: Voluntary.
OMB Desk Officer: Mr. Lewis Oleinick. Written comments and
recommendations on the proposed information collection should be sent
to Mr. Oleinick at the Office of Management and Budget, Desk Officer
for DoD, Room 10236, New Executive Office Building, Washington, DC
20503.
DOD Clearance Officer: Ms. Patricia Toppings. Written requests for
copies of the information collection proposal should be sent to Ms.
Toppings, WHS/ESD/Information Management Division, 1225 South Clark
Street, Suite 504, Arlington, VA 22202-4326.
Dated: June 27, 2005.
Patricia L. Toppings,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 05-13191 Filed 7-5-05; 8:45 am]
BILLING CODE 5001-06-M
