36(b)(1) Arms Sales Notification, 30787-30791 [2010-13096]

Download as PDF Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices sroberts on DSKD5P82C1PROD with NOTICES it had imported or sold any spinning tops that did not comply with the lead paint standard. 29. Schylling never intentionally or knowingly imported, sold or offered for sale any products that did not comply with the lead paint standard or other legal requirement. At all times relevant to this matter, Schylling’s actions were reasonable, were based on its good faith understanding of the operative facts and fully satisfied any and all standards of care. 30. Schylling has entered into the Agreement for settlement purposes only, to avoid incurring additional expenses and the distraction of litigation. Accordingly, the Agreement and Order do not constitute, and are not evidence of, any fault or wrongdoing on the part of Schylling. Agreement of the Parties 31. Under the CPSA, the Commission has jurisdiction over this matter and over Schylling. 32. The parties enter into the Agreement for settlement purposes only. The Agreement does not constitute an admission by Schylling, or a determination by the Commission, that Schylling knowingly violated the CPSA. 33. In settlement of the Staff’s allegations, Schylling shall pay a civil penalty in the total amount of Four Hundred Thousand ($400,000.00) dollars. The civil penalty shall be paid in four (4) installments as follows: $75,000.00 shall be paid within twenty (20) calendar days of service of the Commission’s final Order accepting the Agreement; $75,000.00 shall be paid on or before the oneyear anniversary of the Commission’s final Order accepting the Agreement; $125,000.00 shall be paid on or before the two-year anniversary of service of the Commission’s final Order accepting the Agreement; and $125,000.00 shall be paid on or before the three-year anniversary of service of the Commission’s final Order accepting the Agreement. Each payment shall be made by check payable to the order of the United States Treasury. 34. Upon the Commission’s provisional acceptance of the Agreement, the Agreement shall be placed on the public record and published in the Federal Register in accordance with the procedures set forth in 16 CFR 1118.20(e). In accordance with 16 CFR 1118.20(f), if the Commission does not receive any written request not to accept the Agreement within fifteen (15) days, the Agreement shall be deemed finally accepted on the sixteenth (16th) day after the date it is published in the Federal Register. 35. Upon the Commission’s final acceptance of the Agreement and issuance of the final Order, Schylling knowingly, voluntarily, and completely waives any rights it may have in this matter to the following: (1) An administrative or judicial hearing; (2) judicial review or other challenge or contest of the validity of the Commission’s Order or actions; (3) a determination by the Commission of whether Schylling failed to comply with the CPSA and its underlying regulations; (4) a statement of findings of fact VerDate Mar<15>2010 19:08 Jun 01, 2010 Jkt 220001 and conclusions of law; and (5) any claims under the Equal Access to Justice Act. 36. The Commission may publish the terms of the Agreement and Order. 37. The Agreement and Order shall apply to, and be binding upon, Schylling and each of its successors and assigns. 38. The Commission issues the Order under the provisions of the CPSA, and violation of the Order may subject those referenced in paragraph 37 to appropriate legal action. 39. The Agreement may be used in interpreting the Order. Understandings, agreements, representations, or interpretations apart from those contained in the Agreement and Order may not be used to vary or contradict its terms. The Agreement shall not be waived, amended, modified, or otherwise altered, except in a writing that is executed by the party against whom such waiver, amendment, modification, or alteration is sought to be enforced. 40. If any provision of the Agreement and Order is held to be illegal, invalid, or unenforceable under present or future laws effective during the terms of the Agreement and Order, such provision shall be fully severable. The balance of the Agreement and Order shall remain in full force and effect, unless the Commission and Schylling agree that severing the provision materially affects the purpose of the Agreement and Order. Schylling Associates, Inc. Dated: May 17, 2010. Jack Schylling, President, Schylling Associates, Inc. Dated: May 18, 2010. Victor E. Schwartz, Cary Silverman, Shook, Hardy & Bacon, LLP, 1155 F Street, NW., Suite 200, Washington, DC 20004– 1305. Counsel for Schylling Associates, Inc. U.S. Consumer Product Safety Commission Staff. Cheryl A. Falvey, General Counsel, Office of the General Counsel. Dated: May 18, 2010. Melissa V. Hampshire, Assistant General Counsel, Alex Dennis, Attorney, Division of Enforcement and Information, Office of the General Counsel. United States of America Consumer Product Safety Commission CPSC Docket No. 10–C0004 In the Matter of Schylling Associates, Inc.; Order Upon consideration of the Settlement Agreement entered into between Schylling Associates, Inc. (‘‘Schylling’’), and the U.S. Consumer Product Safety Commission (‘‘Commission’’) staff, and the Commission having jurisdiction over the subject matter and over Schylling, and it appearing that the Settlement Agreement and Order are in the public interest, it is ordered, that the Settlement Agreement be, and hereby is, PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 30787 accepted; and it is further ordered, that Schylling shall pay a civil penalty in the total amount of Four Hundred Thousand ($400,000.00) dollars. The civil penalty shall be paid in four (4) installments as follows: $75,000.00 shall be paid within twenty (20) calendar days of service of the Commission’s final Order accepting the Agreement; $75,000.00 shall be paid on or before the oneyear anniversary of service of the Commission’s final Order accepting the Agreement; $125,000.00 shall be paid on or before the two-year anniversary of service of the Commission’s final Order accepting the Agreement; and $125,000.00 shall be paid on or before the three-year anniversary of service of the Commission’s final Order accepting the Agreement. Each payment shall be made by check payable to the order of the United States Treasury. Upon the failure of Schylling to make any of the foregoing payments when due, (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 by Schylling at the Federal legal rate of interest set forth at 28 U.S.C. 1961(a) and (b). Provisionally accepted and provisional Order issued on the 26th day of May, 2010. By Order of the Commission. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2010–13088 Filed 6–1–10; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 10–06] 36(b)(1) Arms Sales Notification AGENCY: Defense Security Cooperation Agency, DoD. ACTION: Notice. SUMMARY: The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification 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. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 10–06 with attached transmittal, policy justification, and Sensitivity of Technology. Dated: May 26, 2010. Mitchell S. Bryman, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001-06-P E:\FR\FM\02JNN1.SGM 02JNN1 VerDate Mar<15>2010 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 19:08 Jun 01, 2010 Jkt 220001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4725 E:\FR\FM\02JNN1.SGM 02JNN1 EN02JN10.305</GPH> sroberts on DSKD5P82C1PROD with NOTICES 30788 VerDate Mar<15>2010 19:08 Jun 01, 2010 Jkt 220001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4725 E:\FR\FM\02JNN1.SGM 02JNN1 30789 EN02JN10.306</GPH> sroberts on DSKD5P82C1PROD with NOTICES Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices VerDate Mar<15>2010 Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 19:08 Jun 01, 2010 Jkt 220001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4725 E:\FR\FM\02JNN1.SGM 02JNN1 EN02JN10.307</GPH> sroberts on DSKD5P82C1PROD with NOTICES 30790 [FR Doc. 2010–13096 Filed 6–1–10; 8:45 am] BILLING CODE 5001–06–C DEPARTMENT OF DEFENSE Office of the Secretary sroberts on DSKD5P82C1PROD with NOTICES [Docket ID: DOD–2010–OS–0073] Privacy Act of 1974; System of Records AGENCY: Defense Intelligence Agency, DoD. ACTION: Notice to alter a system of records. VerDate Mar<15>2010 19:08 Jun 01, 2010 Jkt 220001 SUMMARY: The Defense Intelligence Agency is proposing to alter a system of records in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on July 2, 2010, unless comments are received which result in a contrary determination. You may submit comments, identified by docket number and title, by any of the following methods: ADDRESSES: PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 30791 • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https:// www.regulations.gov as they are received without change, including any E:\FR\FM\02JNN1.SGM 02JNN1 EN02JN10.308</GPH> Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices

Agencies

[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30787-30791]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13096]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 10-06]


36(b)(1) Arms Sales Notification

AGENCY: Defense Security Cooperation Agency, DoD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense is publishing the unclassified text 
of a section 36(b)(1) arms sales notification 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.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 10-06 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: May 26, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
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[FR Doc. 2010-13096 Filed 6-1-10; 8:45 am]
BILLING CODE 5001-06-C
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