36(b)(1) Arms Sales Notification, 59260-59265 [07-5112]
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59260
Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices
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report, which documented the fire
investigator’s simulated test of the
compressor, until January 20, 2006. TAP
did not have sufficient information to
reasonably support the conclusion that
it should file a section 15(b) report until
January 20, 2006.
17. TAP enters into this Settlement
Agreement and Order to avoid incurring
additional legal costs and expenses. In
settling this matter, TAP does not admit
any fault, liability, or statutory or
regulatory violation, and this Settlement
Agreement and Order do not constitute
and are not evidence of any fault or
wrongdoing on the part of TAP.
IV. Agreement of the Parties
18. The Commission has jurisdiction
over this matter and over TAP under the
Consumer Product Safety Act, 15 U.S.C.
2051–2084.
19. In settlement of the staff’s
allegations, TAP agrees to pay a civil
penalty in the amount of $100,000.00 as
set forth in the attached incorporated
Order.
20. The parties enter this Settlement
Agreement for settlement purposes only.
The Settlement Agreement does not
constitute an admission by TAP or a
determination by the Commission that
TAP violated the CPSA’s reporting
requirements in accordance with 16
CFR 1118.20(f).
21. Upon provisional acceptance of
this Settlement Agreement 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 the
procedures set forth in 16 CFR
1118.20(e). Unless the Commission
receives a written request not to accept
the Settlement Agreement and Order
within 15 calendar days, the Agreement
will be deemed finally accepted on the
16th calendar day after the date it is
published in the Federal Register in
accordance with 16 CFR 1118.20(f).
22. Upon final acceptance of this
Settlement Agreement by the
Commission and issuance of the Final
Order, TAP 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 TAP failed to comply with the
CPSA and the underlying regulations;
(iv) a statement of findings of fact or
conclusions of law; and (v) any claims
under the Equal Access to Justice Act.
23. The Commission may publicize
the terms of the Settlement Agreement
and Order.
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24. This Settlement Agreement and
Order shall apply to, and be binding
upon TAP and each of its successors
and assigns.
25. 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 this Order may subject TAP
to appropriate legal action.
26. 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
contradict its terms.
27. This Settlement Agreement shall
not be waived, changed, amended,
modified, or otherwise altered without
written agreement thereto executed by
TAP and approved by the Commission.
28. 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, such provisions shall be
fully severable. The rest of Settlement
Agreement and Order shall remain in
full effect, unless the Commission and
TAP jointly determine that severing the
provision materially changes the
purpose of the Settlement Agreement
and Order.
TAP Enterprises, Inc.
d/b/a Cummins Industrial Tools.
Dated: September 6, 2007.
Christopher K. Lyon,
Vice President, TAP Enterprises, Inc., d/b/a/
Cummins Industrial Tools, 650 North
Lincoln, Spring Hill, KS 66083.
Dated: September 14, 2007.
Jill M. Zucker, Esquire,
Bryan Cave, LLP,
Attorney for TAP Enterprises, Inc., d/b/a
Cummins Industrial Tools, 700 Thirteenth
Street, NW., Washington, DC 20005–3906.
Consumer Product Safety Commission.
John Gibson Mullan,
Assistant Executive Director, Office of
Compliance and Field Operations,
Consumer Product Safety Commission,
4330 East West Highway, Bethesda, MD
20814.
Ronald G. Yelenik,
Acting Director, Legal Division, Office of
Compliance and Field Operations.
Dated: September 17, 2007.
Dennis C. Kacoyanis,
Trial Attorney, Legal Division, Office of
Compliance and Field Operations.
Order
Upon consideration of the Settlement
Agreement entered into between TAP
Enterprises, Inc., d/b/a Cummins
Industrial Tools (‘‘TAP’’) and the staff of
the Consumer Product Safety
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Commission (‘‘the Commission’’); and
the Commission having jurisdiction
over the subject matter and TAP; and it
appearing that the Settlement
Agreement and Order is in the public
interest, it is
Ordered that the Settlement
Agreement be, and hereby, is accepted;
and it is
Further ordered that TAP shall pay a
civil penalty of ONE HUNDRED
THOUSAND DOLLARS ($100,000.00) to
the United States Treasury in four
installments as follows: TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00)
shall be paid within twenty (20)
calendar days of service of the Final
Order upon TAP; TWENTY-FIVE
THOUSAND DOLLARS ($25,000.00)
shall be paid within 180 days of service
of the Final Order upon TAP; TWENTYFIVE THOUSAND DOLLARS
($25,000.00) shall be paid within 270
days of service of the Final Order upon
TAP; and TWENTY-FIVE THOUSAND
DOLLARS ($25,000.00) shall be paid
within 365 days of service of the Final
Order upon TAP. Upon the failure of
TAP to make any of the foregoing
payments when due, the entire amount
of the civil penalty shall become due
and payable, and 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 15th
day of October, 2007.
By Order of the Commission,
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 07–5152 Filed 10–18–07; 8:45 am]
BILLING CODE 6355–01–M
DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal Nos. 08–03]
36(b)(1) Arms Sales Notification
Department of Defense, Defense
Security Cooperation Agency.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of Defense is
publishing the unclassified text of a
section 36(b)(1) arms sales notification.
This is published to fulfill the
requirements of section 155 of Public
Law 104–164 dated 21 July 1996.
FOR FURTHER INFORMATION CONTACT: Ms.
B. English, DSCA/DBO/CFM, (703) 601–
3740.
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Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices
The following is a copy of a letter to
the Speaker of the House of
Representatives, Transmittals 08–03
with attached transmittal, policy
justification, and Sensitivity of
Technology.
Dated: October 11, 2007.
L.M. Bynum,
OSD Federal Register Liaison Officer,
Department of Defense.
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Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices
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[FR Doc. 07–5112 Filed 10–18–07; 8:45 am]
BILLING CODE 5001–06–C
DEPARTMENT OF DEFENSE
Office of the Secretary
Membership of the Defense Contract
Audit Agency Senior Executive Service
Performance Review Boards
AGENCY:
Defense Contract Audit
Agency.
Notice of membership of the
Defense Contract Audit Agency Senior
Executive Service Performance Review
Boards.
ACTION:
SUMMARY: This notice announces the
appointment of members to the Defense
Contract Audit Agency (DCAA)
Performance Review Boards. The
Performance Review Boards provide fair
and impartial review of Senior
Executive Service (SES) performance
appraisals and make recommendations
to the Director, Defense Contract Audit
Agency, regarding final performance
ratings and performance awards for
DCAA SES members.
Effective Date: Upon publication
of this notice.
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DATES:
FOR FURTHER INFORMATION CONTACT:
Donna Riney, Chief, Human Resources
Management Division, Defense Contract
Audit Agency, 8725 John J. Kingman
Road, Suite 2135, Fort Belvoir, Virginia
22060–6219, (703) 767–1236.
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In
accordance with 5 U.S.C. 4314(c)(4), the
following are the names and titles of
DCAA career executives appointed to
serve as members of the DCAA
Performance Review Boards.
Appointees will serve one-year terms,
effective upon publication of this notice.
Headquarters Performance Review
Board:
Mr. Joseph Garcia, Assistant Director,
Operations, DCAA, chairperson.
Mr. Ken Saccoccia, Assistant Director,
Policy and Plans, DCAA, member.
Mr. John Farenish, General Counsel,
DCAA, member.
Regional Performance Review Board:
Mr. Francis Summers, Regional
Director, Mid-Atlantic Region, DCAA,
chairperson.
Mr. Christopher Andrezze, Regional
Director, Western Region, DCAA,
member.
Mr. Ed Nelson, Regional Director,
Northeastern Region, member.
SUPPLEMENTARY INFORMATION:
Dated: October 15, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison
Officer, DoD.
[FR Doc. 07–5165 Filed 10–18–07; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF EDUCATION
Submission for OMB Review;
Comment Request
AGENCY:
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Department of Education.
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SUMMARY: The IC Clearance Official,
Regulatory Information Management
Services, Office of Management invites
comments on the submission for OMB
review as required by the Paperwork
Reduction Act of 1995.
DATES: Interested persons are invited to
submit comments on or before
November 19, 2007.
ADDRESSES: Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Education Desk Officer,
Office of Management and Budget, 725
17th Street, NW., Room 10222,
Washington, DC 20503. Commenters are
encouraged to submit responses
electronically by e-mail to
oira_submission@omb.eop.gov or via fax
to (202) 395–6974. Commenters should
include the following subject line in
their response ‘‘Comment: [insert OMB
number], [insert abbreviated collection
name, e.g., ‘‘Upward Bound
Evaluation’’]. Persons submitting
comments electronically should not
submit paper copies.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
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Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices
Agencies
[Federal Register Volume 72, Number 202 (Friday, October 19, 2007)]
[Notices]
[Pages 59260-59265]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5112]
=======================================================================
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DEPARTMENT OF DEFENSE
Office of the Secretary
[Transmittal Nos. 08-03]
36(b)(1) Arms Sales Notification
AGENCY: Department of Defense, Defense Security Cooperation Agency.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense is publishing the unclassified text
of a section 36(b)(1) arms sales notification. This is published to
fulfill the requirements of section 155 of Public Law 104-164 dated 21
July 1996.
FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703)
601-3740.
[[Page 59261]]
The following is a copy of a letter to the Speaker of the House of
Representatives, Transmittals 08-03 with attached transmittal, policy
justification, and Sensitivity of Technology.
Dated: October 11, 2007.
L.M. Bynum,
OSD Federal Register Liaison Officer, Department of Defense.
BILLING CODE 5001-06-M
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[FR Doc. 07-5112 Filed 10-18-07; 8:45 am]
BILLING CODE 5001-06-C