63906 Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices 

Telephone: (703) 603–7740, Fax: (703) 

603–0655, or e-mail 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to 41 U.S.C 

47(a)(2) and 41 CFR 51–2.3. Its purpose 

is to provide interested persons an 

opportunity to submit comments on the 

proposed actions. 

Additions 

If the Committee approves the 

proposed additions, the entities of the 

Federal Government identified in this 

notice will be required to procure the 

product and services listed below from 

nonprofit agencies employing persons 

who are blind or have other severe 

disabilities. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. If approved, the action will not 

result in any additional reporting, 

recordkeeping or other compliance 

requirements for small entities other 

than the small organizations that will 

furnish the product and services to the 

Government. 

2. If approved, the action will result 

in authorizing small entities to furnish 

the product and services to the 

Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with the product and 

services proposed for addition to the 

Procurement List. 

Comments on this certification are 

invited. Commenters should identify the 

statement(s) underlying the certification 

on which they are providing additional 

information. 

End of Certification 

The following product and services 

are proposed for addition to 

Procurement List for production by the 

nonprofit agencies listed: 

Product 

NSN: 6140–01–413–3926—Rechargeable 

Battery, AA, Nickel Metal Hydride. 

NPA: North Jersey Friendship House, Inc., 

Hackensack, NJ. 

Contracting Activity: Defense Logistics 

Agency Land and Maritime, Columbus, 

OH. 

Coverage: C–List for 100% of the requirement 

of the Department of Defense, as 

aggregated by the Defense Logistics 

Agency Land and Maritime, Columbus, 

OH. 

Services 

Service Type/Location: Custodial and 

Grounds Maintenance, Keyport Three 

Dimensional Range, Bldg. 475, NAVFAC 

NW., Zelatched Point, WA. 

NPA: Skookum Educational Programs, 

Bremerton, WA. 

Contracting Activity: Dept of the Navy, 

NAVFAC Northwest, Silverdale, WA. 

Service Type/Location: Custodial Service, 

White Mountain National Forest, Saco 

Ranger Administrative Site, Routes 112, 

33 Kancamagus Highway, Conway, NH. 

NPA: Northern New England Employment 

Services, Portland, ME. 

Contracting Activity: Department of 

Agriculture, Forest Service, Allegheny 

National Forest, Warren, PA. 

Service Type/Location: Grounds 

Maintenance, United States Southern 

Command, 9301 NW., 33rd Street, Doral, 

FL. 

NPA: Goodwill Industries of South Florida, 

Inc., Miami, FL. 

Contracting Activity: Department of the 

Army, BASOPS Act Westside Plaza II, 

Miami, FL. 

Deletion 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. If approved, the action will not 

result in additional reporting, 

recordkeeping or other compliance 

requirements for small entities. 

2. If approved, the action may result 

in authorizing a small entity to provide 

the service to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with the service proposed 

for deletion from the Procurement List. 

End of Certification 

The following service is proposed for 

deletion from the Procurement List: 

Service 

Service Type/Location: Removal of Tool 

Identification Numbers, Tinker Air Force 

Base, OK. 

NPA: Work Activity Center, Inc., Moore, OK. 

Contracting Activity: Dept of the Air Force, 

FA8101 OC ALC PKO, Tinker AFB, OK. 

Patricia Briscoe, 

Deputy Director, Business Operations, 

(Pricing and Information Management). 

[FR Doc. 2011–26575 Filed 10–13–11; 8:45 am] 

BILLING CODE 6353–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 12–C0002] 

Henry Gordy International, Inc., 

Provisional Acceptance of a 

Settlement Agreement and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with Henry 

Gordy International, Inc., containing a 

civil penalty of $1,100,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by October 

31, 2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 12–C0002, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Kennedy Vieira, Esquire, 

Division of Enforcement and 

Information, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7623. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: October 7, 2011, 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Henry Gordy International, Inc., its 

current and/or former corporate 

parent(s), affiliates, successors, and/or 

assigns, and any and/or all current and/ 

or former directors, officers, agents and 

employees (collectively ‘‘Henry Gordy’’) 

and staff (‘‘staff’’) of the United States 

Consumer Product Safety Commission 

(‘‘Commission’’) hereby enter into this 

Settlement Agreement (‘‘Agreement’’) 

under the Consumer Product Safety Act 

(‘‘CPSA’’). The Agreement and the 

incorporated attached Order resolve 

staff’s allegations and settle any and all 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices 63907 

claims under the CPSA and the Child 

Safety Protection Act, Public Law 103– 

267, 108 Stat. 722 (1994), which exist or 

arise from staff’s allegations set forth 

below. 

The Parties 

2. Staff is the staff of the Consumer 

Product Safety Commission, an 

independent federal regulatory agency 

established pursuant to, and responsible 

for, the enforcement of the CPSA, 15 

U.S.C. 2051–2089, and the CSPA, Public 

Law 103–267, 108 Stat. 722. 

3. Henry Gordy is a corporation, 

organized and existing under the laws of 

the State of Delaware, with its principal 

corporate office located at P.O. Box 

2769, 900 North Avenue, Plainfield, 

New Jersey 07062–0769. 

Staff Allegations 

4. Between September 2005 and 

February 2008, Henry Gordy imported 

approximately 1,806,048 units of the 

‘‘Auto Fire Target Set’’ (‘‘Target Set’’). 

Each Target Set consisted of the 

following: A toy gun; soft, pliable, 

plastic toy darts; and a small target. The 

Target Sets were sold for $1.50 

nationwide by Family Dollar Stores, 

Inc., exclusively during the period 

September 2005 through January 2009. 

5. The Target Sets are ‘‘consumer 

products.’’ At all relevant times, Henry 

Gordy, as importer of the Target Sets, is 

a ‘‘manufacturer’’ of these consumer 

products, which were ‘‘distributed in 

commerce,’’ as those terms are defined 

or used in sections 3(a)(5), (8) and (11) 

of the CPSA, 15 U.S.C. 2052(a)(5), (8) 

and (11). 

6. The Target Sets are defective 

because if a child places the soft, pliable 

plastic toy dart in their mouth, the dart 

can be inhaled into the throat and it can 

prevent the child from breathing. 

7. Henry Gordy received its first 

report of a death involving a Target Set 

on or about May 1, 2006, after an 8-yearold boy choked on a dart and died on 

March 9, 2006. 

8. In response to the death reported 

on or about May 1, 2006, Henry Gordy 

implemented a design change, on or 

about August 3, 2006, to add a product 

warning to the Target Set’s packaging, 

which stated: ‘‘Parental Supervision 

Suggested.’’ 

9. On January 8, 2007, Henry Gordy 

was notified that a 10-year-old boy had 

died after he swallowed a dart and 

asphyxiated. 

10. On October 31, 2007, Henry Gordy 

was notified that a 9-year-old boy had 

died after he swallowed a dart and 

asphyxiated. 

11. Despite being aware of the 

information set forth in Paragraphs 7 

through 10, Henry Gordy did not report 

to the Commission until May 29, 2009, 

after staff asked Henry Gordy to do so. 

By May 29, 2009, Henry Gordy was 

aware of three deaths involving the 

Target Sets. 

12. In its report to the Commission on 

May 29, 2009, Henry Gordy did not 

include the death on March 9, 2006, of 

the 8-year-old boy; nor did Henry Gordy 

notify the Commission of the packaging 

design change it made in response to 

that death. 

13. On June 30, 2009, staff informed 

Henry Gordy that the Target Sets should 

be recalled. 

14. On September 28, 2009, Henry 

Gordy notified staff that it would not 

agree to staff’s request for a recall of the 

Target Sets. 

15. Ultimately, the Target Sets were 

recalled on May 17, 2010, by the 

exclusive retailer, Family Dollar Stores, 

Inc. 

16. On May 23, 2010, six days after 

the recall was announced, another 8- 

year-old boy died after he swallowed a 

dart and asphyxiated. 

17. Although Henry Gordy had 

obtained sufficient information to 

reasonably support the conclusion that 

the Target Sets contained a defect which 

could create a substantial product 

hazard, or created an unreasonable risk 

of serious injury or death, Henry Gordy 

failed to inform the Commission 

immediately of such defect or risk, as 

required by sections 15(b)(3) and (4) of 

the CPSA, 15 U.S.C. 2064(b)(3) and (4). 

In failing to report to the Commission, 

Henry Gordy knowingly violated section 

19(a)(4) of the CPSA, 15 U.S.C. 

2068(a)(4), as the term ‘‘knowingly’’ is 

defined in section 20(d) of the CPSA, 15 

U.S.C. 2069(d). 

18. Henry Gordy also had obtained 

information to reasonably support the 

conclusion that a child had choked on 

a small part contained in a toy or game, 

and learned that the child had died as 

a result of that incident. Nevertheless, 

Henry Gordy did not report within 24 

hours of obtaining that information, as 

it was required to do under section 

102(a) of the CSPA, Public Law 103– 

267, 108 Stat. 722; 16 CFR 1117.4. By 

failing to report within 24 hours of 

obtaining the information about a child 

who had choked on a small part 

contained in a toy or game, Henry Gordy 

knowingly violated section 19(a)(3) of 

the CPSA, 15 U.S.C. 2068(a)(3), as the 

term ‘‘knowingly’’ is defined in section 

20(d) of the CPSA, 15 U.S.C. 2069(d). 

19. Henry Gordy made a material 

misrepresentation to staff in the course 

of an investigation under section 15(b) 

of the CPSA, by failing to report the 

March 9, 2006, death of an 8-year-old 

boy and also by failing to report the 

packaging design change that it had 

made to the Target Sets. In failing to 

provide this information to the 

Commission in its report under section 

15(b), Henry Gordy knowingly violated 

section 19(a)(13) of the CPSA, 15 U.S.C. 

2068(a)(13), as the term ‘‘knowingly’’ is 

defined in section 20(d) of the CPSA, 15 

U.S.C. 2069(d). 

20. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Henry Gordy is 

subject to civil penalties for its knowing 

failure to report under section 15(b) of 

the CPSA, as required under section 

19(a)(4) of the CPSA. Pursuant the 

CPSA, 15 U.S.C. 2069, Henry Gordy is 

also subject to civil penalties under 

section 19(a)(13) of the CPSA for 

knowingly making a material 

misrepresentation to staff in the course 

of its section 15(b) investigation. 

21. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Henry Gordy is 

subject to civil penalties for its knowing 

failure to report under the automatic 

reporting provisions of section 102(a) of 

the CSPA, pertaining to small parts 

incident reporting, Public Law 103–267, 

108 Stat. 722. 

Response of Henry Gordy 

22. Henry Gordy denies all of staff’s 

allegations in this Agreement and Order. 

23. Henry Gordy specifically denies 

that the Target Sets contain a defect 

which could create a substantial 

product hazard or create an 

unreasonable risk of serious injury or 

death, and Henry Gordy denies that it 

knowingly violated the reporting 

requirements of Section 15(b) of the 

CPSA, 15 U.S.C. 2064(b). 

24. Henry Gordy specifically denies 

that it had sufficient information to 

reasonably support the conclusion that 

the Target Sets contain a defect which 

could create a substantial product 

hazard or create an unreasonable risk of 

serious injury or death. 

25. Henry Gordy specifically denies 

that it had information to reasonably 

support the conclusion that a child had 

choked on a small part contained in a 

toy or game that it imported and as a 

result of that incident had died, and 

further denies that it knowingly violated 

the reporting requirements of the CSPA, 

Public Law 103–267, 108 Stat. 722; 16 

CFR 1117.4. 

26. Henry Gordy specifically denies 

that any of the four deaths described in 

staff’s allegations were caused by the 

Target Sets imported by Henry Gordy. 

27. Henry Gordy specifically denies 

that it made a material 

misrepresentation to staff in the course 

of staff’s investigation. 


tkelley on DSK3SPTVN1PROD with NOTICES
63908 Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices 

28. Henry Gordy is entering into this 

Agreement for settlement purposes only, 

and it has made a business decision to 

avoid additional expenses and 

distractions related to further 

administrative process and litigation. 

Agreement of the Parties 

29. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Henry Gordy. 

30. In settlement of staff’s allegations, 

Henry Gordy shall pay a civil penalty in 

the amount of one million, one hundred 

thousand dollars ($1,100,000.00) within 

twenty (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: http://www.pay.gov. 

31. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Henry Gordy or a 

determination by the Commission, that 

Henry Gordy knowingly violated the 

CPSA or the CSPA. 

32. Upon provisional acceptance of 

the Agreement by the Commission, 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). If the Commission does not 

receive any written request(s) not to 

accept the Agreement within fifteen (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 CFR 1118.20(f). 

33. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Henry Gordy 

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 Commission’s actions; (iii) 

a determination by the Commission of 

whether Henry Gordy failed to comply 

with the CPSA and the underlying 

regulations; (iv) a determination by the 

Commission of whether Henry Gordy 

failed to comply with the CSPA and the 

underlying regulations; (v) a statement 

of findings of fact and conclusions of 

law; and (vi) any claims under the Equal 

Access to Justice Act. 

34. The Commission may publicize 

the terms of the Agreement and the 

Order. 

35. Henry Gordy shall comply with 

the provisions of the Agreement and 

Order. 

36. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

Henry Gordy to appropriate legal action. 

37. 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 their terms. 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. 

38. 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 Henry 

Gordy agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. The 

Agreement may be signed in 

counterparts. 

Henry Gordy International, Inc. 

Dated: September 23, 2011. 

By: lllllllllllllllllll

David Segal, 

President, 

Henry Gordy International, Inc., 

P.O. Box 2769, 900 North Avenue, 

Plainfield, New Jersey 07062–0769, and 

Dated: September 26, 2011. 

By: lllllllllllllllllll

Bridget E. Calhoun, 

Esq., 

Crowell & Moring LLP, 

1001 Pennsylvania Ave., NW., 

Washington, D.C. 20004. 

Counsel for Henry Gordy International, Inc., 

U.S. Consumer Product Safety Commission 

Staff, 

Cheryl A. Falvey, 

General Counsel. 

Melissa V. Hampshire, 

Assistant General Counsel. 

Dated: September 28, 2011. 

By: lllllllllllllllllll

Patricia Kennedy Vieira, Esq., 

Division of Enforcement and Information, 

Office of the General Counsel. 

lllllllllllllllllllll

lllllllllllllllllllll

Order 

Upon consideration of the Settlement 

Agreement entered into between Henry 

Gordy International, Inc., its current 

and/or former corporate parent(s), 

affiliates, successors, and/or assigns, 

and any and/or all current and/or 

former directors, officers, agents, and 

employees (collectively ‘‘Henry Gordy’’) 

and the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over Henry 

Gordy, 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 Henry Gordy 

shall pay a civil penalty in the amount 

of one million one hundred thousand 

dollars ($1,100,000.00) within twenty 

(20) days of service of the Commission’s 

final Order accepting the Settlement 

Agreement. The payment shall be made 

electronically to the CPSC via: http:// 

www.pay.gov. Upon the failure of Henry 

Gordy to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Henry Gordy at the Federal legal rate of 

interest set forth at 28 U.S.C. 1961(a) 

and (b). (continued on next page) 

Provisionally accepted and provisional 

Order issued on the 7th day of October, 2011. 

BY ORDER OF THE COMMISSION: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, 

U.S. Consumer Product Safety Commission. 

[FR Doc. 2011–26662 Filed 10–13–11; 8:45 am] 

BILLING CODE 6355–01–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Sunshine Act Notice 

The Board of Directors of the 

Corporation for National and 

Community Service gives notice of the 

following meeting: 

DATE AND TIME: Thursday, October 20, 

2011, 10:30 a.m.–12 p.m. 

PLACE: Corporation for National and 

Community Service, 1201 New York 

Avenue, NW., Suite 8312, Washington, 

DC 20525 (Please go to 10th floor 

reception area for escort). 

CALL-IN INFORMATION: This meeting is 

available to the public through the 

following toll-free call-in number: 888– 

946–3503 conference call access code 

number 6754733. Any interested 

member of the public may call this 

number and listen to the meeting. 

Callers can expect to incur charges for 

calls they initiate over wireless lines, 

and the Corporation will not refund any 

incurred charges. Callers will incur no 

charge for calls they initiate over landline connections to the toll-free 

telephone number. Replays are 

generally available one hour after a call 

ends. The toll-free phone number for the 

replay is 402–220–9658. The end replay 

date is October 27, 2011 10:59 p.m. 

Central Time. This meeting will also be 

broadcast live on the Web. Members of 


tkelley on DSK3SPTVN1PROD with NOTICES