Notice of Telephonic Prehearing Conference, 58099-58100 [2012-23071]
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Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices
subject to civil penalties for its knowing
failure to report, as required under
section 15(b) of the CPSA, 15 U.S.C.
2064(b).
tkelley on DSK3SPTVN1PROD with NOTICES
Response of Haier America Trading,
LLC
12. Haier America denies the Staff’s
allegations, including, but not limited
to, that the Blenders contain a defect
that could create a substantial product
hazard or create an unreasonable risk of
serious injury or death, and that Haier
America failed to timely notify the
Commission in accordance with Section
15(b) of the CPSA, 15 U.S.C. 2064(b).
13. Haier America notified CPSC
upon discovering that a nut securing the
blade assembly had not been
consistently tightened during
production of certain units of the
Blenders. Haier America was (and is)
aware of only one report of a minor cut
to a consumer’s hand, associated with
the reported issue, which did not
require medical attention. Haier
America conducted a voluntary recall of
the Blenders to replace the blade
assembly pursuant to CPSC’s Fast Track
recall program, acting to reduce the risk
of injury, in furtherance of its
customers’ best interests.
Agreement of the Parties
14. Under the CPSA, the Commission
has jurisdiction over this matter and
over Haier America.
15. In settlement of staff’s allegations,
Haier America shall pay a civil penalty
in the amount of $850,000.00 within 20
calendar days of receiving service of the
Commission’s final Order accepting the
Agreement. The payment shall be made
electronically to the CPSC via
www.pay.gov.
16. The parties enter into this
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Haier America, nor does it
constitute a determination by the
Commission, that Haier America
violated the CPSA’s reporting
requirements.
17. In consideration of Haier
America’s payment, the Commission
agrees to release Haier America, as well
as its current and former directors,
officers, employees, agents and
representatives from any civil claim that
the Commission has or may have against
those parties arising out of or relating to
the recall of the Blenders announced on
December 2, 2009, or the Staff’s
allegations that Haier America failed to
report in a timely manner a potential
hazard involving the Blenders.
18. Upon provisional acceptance of
the Agreement by the Commission, the
Agreement shall be placed on the public
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20:38 Sep 18, 2012
Jkt 226001
record and published in the Federal
Register in accordance with the
procedures set forth in 16 C.F.R.
1118.20(e). If the Commission does not
receive any written request not to accept
the Agreement within 15 calendar days,
the Agreement shall be deemed finally
accepted on the 16th calendar day after
the date it is published in the Federal
Register, in accordance with 16 C.F.R.
1118.20(f).
19. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, Haier
America knowingly, voluntarily, and
completely waives any rights it may
have in this matter to the following: (a)
an administrative or judicial hearing; (b)
judicial review or other challenge or
contest of the Commission’s actions; (c)
a determination by the Commission of
whether Haier America failed to comply
with the CPSA and the underlying
regulations; (d) a statement of findings
of fact and conclusions of law; and (e)
any claims under the Equal Access to
Justice Act.
20. The Commission may publicize
the terms of the Agreement and the
Order.
21. The Agreement and the Order
shall apply to, and be binding upon,
Haier America and each of its
successors and/or assigns.
22. The Commission issues the Order
under the provisions of the CPSA, and
a violation of the Order may subject
Haier America and each of its
successors and/or assigns to appropriate
legal action.
23. The Agreement may be used in
interpreting the Order. Understandings,
agreements, representations, or
interpretations apart from those
contained in the Agreement and the
Order may not be used to vary or
contradict the terms or the Agreement
and the Order. The Agreement shall not
be waived, amended, modified, or
otherwise altered without written
agreement thereto, executed by the party
against whom such waiver, amendment,
modification, or alteration is sought to
be enforced.
24. If any provision of the Agreement
or the Order is held to be illegal,
invalid, or unenforceable under present
or future laws effective during the terms
of the Agreement and the Order, such
provision shall be fully severable. The
balance of the Agreement and the Order
shall remain in full force and effect,
unless the Commission and Haier
America agree that severing the
provision materially affects the purpose
of the Agreement and Order.
HAIER AMERICA TRADING, LLC.
Dated: August 23,2012.
PO 00000
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Fmt 4703
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58099
lllllllllllllllllllll
Mary Ann G. Lemere,
VP & General Counsel, Haier America
Trading, LLC, 1356 Broadway, New York, NY
10018.
Dated: August 28, 2012.
lllllllllllllllllllll
Eric A. Rubel, Esquire,
Arnold & Porter, LLP, 555 Twelfth Street
NW., Washington, DC 20004–1206, Counsel
for Haier America Trading, LLC.
U.S. CONSUMER PRODUCT SAFETY
COMMISSION STAFF
Cheryl A. Falvey,
General Counsel.
Mary B. Murphy,
Assistant General Counsel.
Dated: September 4, 2012.
lllllllllllllllllllll
Belinda V. Bell,
Trial Attorney, Office of the General Counsel.
Order
Upon consideration of the Settlement
Agreement entered into between Haier
America Trading, LLC (‘‘Haier America’’),
and the U.S. Consumer Product Safety
Commission (‘‘Commission’’) staff, and the
Commission having jurisdiction over the
subject matter and over Haier America, and
it appearing that the Settlement Agreement
and the Order are in the public interest, it is
Ordered that the Settlement Agreement
be, and is, hereby, accepted; and it is
Further ordered, that Haier America
shall pay a civil penalty in the amount of
$850,000.00 within 20 calendar days of
receiving service of the Commission’s final
Order accepting the Settlement Agreement.
The payment shall be made electronically to
the CPSC via www.pay.gov. Upon the failure
of Haier America to make the foregoing
payment when due, interest on the unpaid
amount shall accrue and be paid by Haier
America 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 13th day of September, 2012.
By Order of the Commission:
lllllllllllllllllllll
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission
[FR Doc. 2012–23043 Filed 9–18–12; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 12–2]
Notice of Telephonic Prehearing
Conference
U.S. Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
Notice of telephonic
prehearing conference In the Matter of
ZEN MAGNETS, LLC, CPSC Docket No.
12–2.
SUMMARY:
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58100
Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices
September 27, 2012, at 9:00 a.m.
Mountain/10:00 a.m. Central/11:00 a.m.
Eastern.
ADDRESSES: Members of the public are
welcome to attend the prehearing
conference at the Courtroom of Hon.
Dean C. Metry at 601 25th Street, 5th
Floor Courtroom, Galveston, Texas
77550.
DATES:
Jan
Emig, Paralegal Specialist, U.S. Coast
Guard ALJ Program, (409) 765–1300.
SUPPLEMENTARY INFORMATION: Any or all
of the following shall be considered
during the prehearing conference:
(1) Petitions for leave to intervene;
(2) Motions, including motions for
consolidation of proceedings and for
certification of class actions;
(3) Identification, simplification and
clarification of the issues;
(4) Necessity or desirability of
amending the pleadings;
(5) Stipulations and admissions of fact
and of the content and authenticity of
documents;
(6) Oppositions to notices of
depositions;
(7) Motions for protective orders to
limit or modify discovery;
(8) Issuance of subpoenas to compel
the appearance of witnesses and the
production of documents;
(9) Limitation of the number of
witnesses, particularly to avoid
duplicate expert witnesses;
(10) Matters of which official notice
should be taken and matters which may
be resolved by reliance upon the laws
administered by the Commission or
upon the Commission’s substantive
standards, regulations, and consumer
product safety rules;
(11) Disclosure of the names of
witnesses and of documents or other
physical exhibits which are intended to
be introduced into evidence;
(12) Consideration of offers of
settlement;
(13) Establishment of a schedule for
the exchange of final witness lists,
prepared testimony and documents, and
for the date, time and place of the
hearing, with due regard to the
convenience of the parties; and
(14) Such other matters as may aid in
the efficient presentation or disposition
of the proceedings.
Telephonic conferencing
arrangements to contact the parties will
be made by the court. Mary B. Murphy,
Esq., Jennifer Argabright, Esq., Counsel
for the U.S. Consumer Product Safety
Commission, shall be contacted by a
third party conferencing center at 301/
504–7809. David C, Japha, Esq., counsel
for ZEN MAGNETSm, LLC
(Respondent) shall be contacted by a
tkelley on DSK3SPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
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19:20 Sep 18, 2012
Jkt 226001
third party conferencing center at (303)
964–9500.
Authority: Consumer Product Safety Act
15 U.S.C. 2064.
Dated: September 14, 2012
Todd A. Stevenson,
Secretary.
[FR Doc. 2012–23071 Filed 9–18–12; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
Notice of Telephonic Prehearing
Conference; Correction
U.S. Consumer Product Safety
Commission.
AGENCY:
Correction
Federal Register Citation of Previous
Announcement:
Vol. 77, No. 179, Friday, September
14, 2012, page 56814.
Notice: Notice of Telephonic
Prehearing Conference, CPSC Docket
12–1.
Correction: The name of the docket
and respondent is incorrect. The correct
name of the respondent is Maxfield and
Oberton Holdings, LLC.
Contact Person for Additional
Information: Todd A. Stevenson, Office
of the Secretary, 4330 East West
Highway, Bethesda, MD 20814 (301)
504–7923.
Dated: September 14, 2012.
Todd A. Stevenson,
Secretary.
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DoD–2012–HA–0117]
Proposed Collection; Comment
Request
Office of the Assistant
Secretary of Defense for Health Affairs,
DoD.
ACTION: Notice.
AGENCY:
In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the Office of the
Assistant Secretary of Defense for
Health Affairs announces the proposed
extension of a public information
collection and seeks public comment on
the provisions thereof. Comments are
invited on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
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Fmt 4703
Sfmt 4703
You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
East Tower, Suite 02G09, Alexandria,
VA 22350–3100.
Instructions: All submissions received
must include the agency name, docket
number and title 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
personal identifiers or contact
information.
ADDRESSES:
To
request more information on this
proposed information collection or to
obtain a copy of the proposal and
associated collection instruments,
please write to Mr. Mike Talisnik, Office
of the ASD (HA)—TMA, 7700 Arlington
Blvd., Suite 5101, Falls Church, VA
22042, (703) 681–8723.
Title; Associated Form; and OMB
Number: TriCase Case Management &
Authorization System; OMB Control
Number 0720–TBD.
Needs and Uses: TriCase (Case
Management and Authorization System)
manages cases involving the
coordination of medical care and
medical transportation. The system
provides International SOS employees
with a central application to interact
with TRICARE beneficiaries, providers,
family members, and government
representatives to manage healthcare
delivery activities. TriCase is available
in four International SOS offices
worldwide and is limited to authorized
TRICARE users who meet appropriate
clearance levels. The system has been
tailored to support TRICARE
Management Activity (TMA).
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2012–23070 Filed 9–18–12; 8:45 am]
PO 00000
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
proposed 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 November 19,
2012.
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]]>Agencies
[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58099-58100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23071]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 12-2]
Notice of Telephonic Prehearing Conference
AGENCY: U.S. Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Notice of telephonic prehearing conference In the Matter of
ZEN MAGNETS, LLC, CPSC Docket No. 12-2.
[[Page 58100]]
DATES: September 27, 2012, at 9:00 a.m. Mountain/10:00 a.m. Central/
11:00 a.m. Eastern.
ADDRESSES: Members of the public are welcome to attend the prehearing
conference at the Courtroom of Hon. Dean C. Metry at 601 25th Street,
5th Floor Courtroom, Galveston, Texas 77550.
FOR FURTHER INFORMATION CONTACT: Jan Emig, Paralegal Specialist, U.S.
Coast Guard ALJ Program, (409) 765-1300.
SUPPLEMENTARY INFORMATION: Any or all of the following shall be
considered during the prehearing conference:
(1) Petitions for leave to intervene;
(2) Motions, including motions for consolidation of proceedings and
for certification of class actions;
(3) Identification, simplification and clarification of the issues;
(4) Necessity or desirability of amending the pleadings;
(5) Stipulations and admissions of fact and of the content and
authenticity of documents;
(6) Oppositions to notices of depositions;
(7) Motions for protective orders to limit or modify discovery;
(8) Issuance of subpoenas to compel the appearance of witnesses and
the production of documents;
(9) Limitation of the number of witnesses, particularly to avoid
duplicate expert witnesses;
(10) Matters of which official notice should be taken and matters
which may be resolved by reliance upon the laws administered by the
Commission or upon the Commission's substantive standards, regulations,
and consumer product safety rules;
(11) Disclosure of the names of witnesses and of documents or other
physical exhibits which are intended to be introduced into evidence;
(12) Consideration of offers of settlement;
(13) Establishment of a schedule for the exchange of final witness
lists, prepared testimony and documents, and for the date, time and
place of the hearing, with due regard to the convenience of the
parties; and
(14) Such other matters as may aid in the efficient presentation or
disposition of the proceedings.
Telephonic conferencing arrangements to contact the parties will be
made by the court. Mary B. Murphy, Esq., Jennifer Argabright, Esq.,
Counsel for the U.S. Consumer Product Safety Commission, shall be
contacted by a third party conferencing center at 301/504-7809. David
C, Japha, Esq., counsel for ZEN MAGNETSm, LLC (Respondent) shall be
contacted by a third party conferencing center at (303) 964-9500.
Authority: Consumer Product Safety Act 15 U.S.C. 2064.
Dated: September 14, 2012
Todd A. Stevenson,
Secretary.
[FR Doc. 2012-23071 Filed 9-18-12; 8:45 am]
BILLING CODE 6355-01-P
