Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Notices 4023 

1The Commission voted 3–1 to provisionally 

accept this Settlement Agreement and Order. 

Chairman Inez M. Tenenbaum and Commissioners 

Nancy A. Nord and Anne M. Northup voted to 

provisionally accept the Settlement Agreement and 

Order. Commissioner Robert S. Adler voted to reject 

the Settlement Agreement and Order. Chairman 

Tenenbaum and Commissioner Adler filed 

statements concerning this action which may be 

viewed on the Commission’s Web site at http:// 

www.cpsc.gov/pr/tenenbaum01192012.pdf and 

http://www.cpsc.gov/pr/adler01192012.pdf, 

respectively, or obtained from the Commission’s 

Secretariat. 

MATTERS TO BE CONSIDERED: Surveillance 

and Enforcement Matters. In the event 

that the times or dates of these or any 

future meetings change, an 

announcement of the change, along with 

the new time and place of the meeting 

will be posted on the Commission’s 

Web site at http://www.cftc.gov 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, (202) 418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2012–1774 Filed 1–24–12; 4:15 pm] 

BILLING CODE 6351–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

AGENCY HOLDING THE MEETING: 

Commodity Futures Trading 

Commission. Sunshine Act Meetings. 

TIME AND DATE: 10 a.m., Friday February 

3, 2012. 

PLACE: 1155 21st St., NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

MATTERS TO BE CONSIDERED: Surveillance 

and Enforcement Matters. In the event 

that the times or dates of these or any 

future meetings change, an 

announcement of the change, along with 

the new time and place of the meeting 

will be posted on the Commission’s 

Web site at http://www.cftc.gov. 

CONTACT PERSON FOR MORE INFORMATION: 

Sauntia S. Warfield, (202) 418–5084. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2012–1772 Filed 1–24–12; 4:15 pm] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Thursday, February 2, 

2012, 9 a.m.–12 p.m. 

PLACE: Room 420, Bethesda Towers, 

4330 East West Highway, Bethesda, 

Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 

MATTERS TO BE CONSIDERED: 

1. Decisional Matter: Infant Swings— 

Notice of Proposed Rulemaking. 

2. Briefing Matter: ASTM F’963 ’11. 

A live webcast of the Meeting can be 

viewed at www.cpsc.gov/webcast. 

TIME AND DATE: Thursday, February 2, 

2012; 2 p.m.–3 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

MATTER TO BE CONSIDERED: 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: January 24, 2012. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2012–1847 Filed 1–24–12; 4:15 p.m.] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 12–C0006] 

Hewlett-Packard Company, 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 HewlettPackard Company, containing a civil 

penalty of $425,000.00, within twenty 

(20) days of service of the Commission’s 

final Order accepting the Settlement 

Agreement.1

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 February 

10, 2012. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 12–C0006, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Amy S. Colvin, General Attorney, 

Division of Enforcement and 

Information, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7639. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: January 20, 2012. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Hewlett-Packard Company (‘‘HP’’) and 

the 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 (‘‘Order’’) 

resolve the Staff’s allegations set forth 

below. 

Parties 

2. The Staff is the staff of the U.S. 

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. 

3. HP is a corporation, organized and 

existing under the laws of Delaware, 

with its principal executive office 

located in Palo Alto, California. 

Staff Allegations 

4. Between December 2004 and July 

2006, HP imported approximately 

32,000 lithium-ion battery packs (the 

‘‘Products’’) that were shipped with, 

sold as accessories for use with, or 

provided as spare parts for the following 

HP notebook computers: the HP 

Pavilion dv1000, dv8000, and zd8000 

series; the Compaq Presario v2000 and 

v2400 series; and the HP Compaq 

nc6110, nc6120, nc6140, nc6220, 

nc6230, nx4800, nx4820, nx6110, 

nx6120, and nx9600 models. HP, in 

addition to computer and electronics 

stores nationwide, as well as various 

Web retailers, sold notebook computers 

that contained the Products for between 

$700 and $3,000. The Products that 

were sold separately for use with the 

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4024 Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Notices 

notebook computers retailed for 

between $100 and $160. 

5. The Products are ‘‘consumer 

products’’ and, at all relevant times, HP 

was 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 Products can overheat, posing 

a fire and burn hazard to consumers. 

7. Between June 2005 and March 

2007, HP received 17 reports of Product 

incidents, some of which involved 

flames or fires. 

8. Between March 2007 and April 

2007, HP conducted a study, from 

which it obtained additional 

information about the Products. 

9. By September 2007, HP knew of 

approximately 22 reports of incidents 

involving the Products. In at least two 

of those incidents, the Products caused 

injury to consumers. In at least one of 

those incidents, the consumer 

apparently went to the hospital. HP did 

not receive any information on the 

consumer’s injuries or treatment, if any. 

10. Despite being aware of the 

information set forth in Paragraphs 6 

through 9, HP did not report to the 

Commission until July 25, 2008. By that 

time, HP was aware of at least 31 reports 

of incidents involving the Products, 

which had caused injuries to at least 

two consumers. HP also was aware that 

at least one consumer apparently went 

to the hospital because of an incident 

involving the Product. Following 

consultation with the Commission from 

July to October 2008, the Products were 

recalled in October 2008. 

11. Although HP had obtained 

sufficient information to reasonably 

support the conclusion that the 

Products contained a defect which 

could create a substantial product 

hazard, or created an unreasonable risk 

of serious injury or death, HP failed to 

immediately inform the Commission 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 

immediately inform the Commission, 

HP 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). 

12. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, HP is 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). 

Response Of Hewlett-Packard Company 

13. On or about October 30, 2008, the 

Commission, in cooperation with HP 

and other companies, announced a 

voluntary recall of the Products. The 

recall announcement can be accessed at: 

http://www.cpsc.gov/cpscpub/prerel/ 

prhtml09/09035.html. 

14. HP denies all of the Staff’s 

allegations, including, but not limited 

to, the allegations that the Products (or 

the notebooks with which the Products 

were used) could create an unreasonable 

risk of serious injury or death, or that 

HP violated the reporting requirements 

of the CPSA. HP further denies that it 

committed any violation of the CPSA 

‘‘knowingly,’’ as that term is defined in 

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

2069(d). With respect to the voluntary 

recall of the Products and the 

communications/reports leading up to 

that recall, HP acted in accordance with 

the CPSA and in its customers’ best 

interests. 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over HP. 

16. In settlement of the Staff’s 

allegations, HP shall pay a civil penalty 

in the amount of four hundred twentyfive thousand dollars ($425,000.00) 

within 20 calendar days of receiving 

service of the Commission’s final Order 

accepting the Agreement. The payment 

shall be made by check payable to the 

order of the United States Treasury. 

17. In consideration of HP’s payment, 

the Commission agrees to release HP, as 

well as its current and former directors, 

officers, trustees, 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 October 30, 2008, or the 

Staff’s allegations that HP failed to 

report in a timely manner a potential 

hazard involving the Products. 

18. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by HP or a determination by 

the Commission that HP knowingly 

violated the CPSA’s reporting 

requirements. The Agreement by the 

parties of the terms and conditions set 

forth herein is without any adjudication 

of any issue of fact or law. 

19. 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 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). 

20. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, HP 

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 HP failed to comply with the 

CPSA and the underlying regulations; 

(iv) a statement of findings of fact and 

conclusions of law; and (v) any claims 

under the Equal Access to Justice Act. 

21. The Commission may publicize 

the terms of the Agreement and the 

Order. 

22. The Agreement and the Order 

shall apply to, and be binding upon, HP 

and each of its successors and/or 

assigns. 

23. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject HP 

and each of its successors and/or assigns 

to appropriate legal action. 

24. 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 executed by the party 

against whom such waiver, amendment, 

modification, or alteration is sought to 

be enforced. 

25. If any provision of the Agreement 

and 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 HP agree 

that severing the provision materially 

affects the purpose of the Agreement 

and Order. 

26. This Agreement may be signed in 

counterparts. 

Hewlett-Packard Company 

Dated: December 15, 2011. 

By: lllllllllllllllllll

James Mouton, 

Hewlett-Packard Company, 

Senior Vice President & General Manager, 

Personal Systems Group, 

PC Global Business Unit, 

11445 Compaq Center Dr W, 

Houston, TX 77070. 

Dated: December 20, 2011. 

Sarah L. Wilson, Esquire, 

Covington & Burling LLP, 

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Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Notices 4025 

1201 Pennsylvania Ave. NW., 

Washington, DC 20004, 

Counsel for Hewlett-Packard Company. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel. 

Melissa V. Hampshire, 

Assistant General Counsel. 

Dated: January 9, 2012. 

By: lllllllllllllllllll

Amy S. Colvin, 

General Attorney, Division of Enforcement 

and Information, Office of the General 

Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between 

Hewlett-Packard Company (‘‘HP’’), and 

the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over HP, and 

it appearing that the Settlement 

Agreement and the Order are in the 

public interest, it is 

Ordered that the Settlement 

Agreement be, and hereby is, accepted; 

and it is 

Further ordered that HP shall pay a 

civil penalty in the amount of four 

hundred twenty-five thousand dollars 

($425,000.00) within twenty (20) 

calendar days of service of the 

Commission’s final Order accepting the 

Settlement Agreement. The payment 

shall be made by check payable to the 

order of the United States Treasury. 

Upon the failure of HP to make the 

foregoing payment when due, interest 

on the unpaid amount shall accrue and 

be paid by HP 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 20th day of January, 

2012. 

By Order of the Commission: 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2012–1644 Filed 1–25–12; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2012–OS–0010] 

Privacy Act of 1974; System of 

Records 

AGENCY: U.S. Central Command, DoD. 

ACTION: Notice to Amend a System of 

Records. 

SUMMARY: The U.S. Central Command is 

amending a system of records notice in 

its existing inventory of record systems 

subject to the Privacy Act of 1974 (5 

U.S.C. 552a), as amended. 

DATES: This proposed action will be 

effective on February 27, 2012 unless 

comments are received which result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

* Federal Rulemaking Portal: http:// 

www.regulations.gov. 

Follow the instructions for submitting 

comments. 

* Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

East Tower, 2nd Floor, Suite 02G09, 

Alexandria, VA 22350–3100. 

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 http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Evlyn Hearne, USCENTCOM CCJ6–RDF, 

7115 South Boundary Blvd., MacDill 

AFB, FL 33621–5101 or at (813) 827– 

7482. 

SUPPLEMENTARY INFORMATION: The U.S. 

Central Command systems of records 

notices subject to the Privacy Act of 

1974 (5 U.S.C. 552a), as amended, have 

been published in the Federal Register 

and are available from the address in 

FOR FURTHER INFORMATION CONTACT. 

The U.S. Central Command proposes 

to amend one system of records notice 

from its inventory of record systems 

subject to the Privacy Act of 1974 (5 

U.S.C. 552a), as amended. The proposed 

amendment is not within the purview of 

subsection (r) of the Privacy Act of 1974 

(5 U.S.C. 552a), as amended, which 

requires the submission of a new or 

altered system report. 

Dated: January 23, 2012. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

DPR 41 DoD 

SYSTEM NAME: 

Combined Mild Traumatic Brain 

Injury Registry (September 30, 2010, 75 

FR 60431). 

CHANGES: 

Change system ID to read 

‘‘FCENTCOM 01’’. 

* * * * * 

[FR Doc. 2012–1615 Filed 1–25–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Notice of Availability for Exclusive, 

Non-Exclusive, or Partially-Exclusive 

Licensing of an Invention Concerning 

the Use of Magnetism To Inactivate, 

Kill and/or Remove Malaria Parasites 

From Transfused Blood and Apparatus 

and Kits for Accomplishing the Same 

AGENCY: Department of the Army, DoD. 

ACTION: Notice. 

SUMMARY: The invention relates to 

preventing and/or reducing the 

incidence of transfusion-related malaria, 

and the use of magnetism to accomplish 

this. Announcement is made of the 

availability for licensing of the 

invention set forth in U.S. Provisional 

Patent Application Serial No. 61/ 

584,977, entitled ‘‘Use of Magnetism to 

Inactivate, Kill and/or Remove Malaria 

Parasites from Transfused Blood and 

Apparatus and Kits for Accomplishing 

the same,’’ filed on January 10, 2012. 

The United States Government, as 

represented by the Secretary of the 

Army, has rights to this invention. 

ADDRESSES: Commander, U.S. Army 

Medical Research and Materiel 

Command, ATTN: Command Judge 

Advocate, MCMR–JA, 504 Scott Street, 

Fort Detrick, Frederick, MD 21702– 

5012. 

FOR FURTHER INFORMATION CONTACT: For 

patent issues, Ms. Elizabeth Arwine, 

Patent Attorney, (301) 619–7808. For 

licensing issues, Dr. Paul Mele, Office of 

Research and Technology Applications 

(ORTA), (301) 619–6664, both at telefax 

(301) 619–5034. 

SUPPLEMENTARY INFORMATION: The 

invention relates to methods of 

preventing or reducing the incidence of 

transfusion-related malaria, and, in 

particular, to inactivating, killing and/or 

removing malaria parasites from blood 

supplies such as whole blood, platelets, 

plasma or other components of blood. 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 2012–1657 Filed 1–25–12; 8:45 am] 

BILLING CODE 3710–08–P 

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