Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Notices 49453 

necessary to accommodate the timely 

completion of discussion relevant to the 

agenda items. To further accommodate 

discussion and completion of all items 

on the agenda, the meeting may be 

extended from, or completed prior to 

the date established in this notice. 

The meetings are open to the public, 

and will be conducted in English. 

However, simultaneous interpretation 

(English-Spanish) will be provided. 

Fishers and other interested persons are 

invited to attend and participate with 

oral or written statements regarding 

agenda issues. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be subjects for formal 

action during these meetings. Actions 

will be restricted to those issues 

specifically identified in this notice, and 

any issues arising after publication of 

this notice that require emergency 

action under section 305(c) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided that the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

For more information or request for sign 

language interpretation and/other 

auxiliary aids, please contact Mr. 

Miguel A. Rolo ́n, Executive Director, 

Caribbean Fishery Management Council, 

268 Mun ̃ oz Rivera Avenue, Suite 1108, 

San Juan, Puerto Rico 00918–1920, 

telephone (787) 766–5926, at least 5 

days prior to the meeting date. 

Dated: August 5, 2011. 

William D. Chappell, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–20332 Filed 8–9–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA624 

North Pacific Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The North Pacific Fishery 

Management Council’s Gulf of Alaska 

(GOA) and Bering Sea/Aleutian Islands 

(BS/AI) groundfish plan teams will meet 

in Seattle. 

DATES: The meetings will begin at 1 p.m. 

on Tuesday, August 30, and continue 

through Friday, September 2, 2011. 

ADDRESSES: The meetings will be held at 

the Alaska Fisheries Science Center, 

7600 Sand Point Way NE., Building 4, 

Observer Training Room (GOA Plan 

Team) and Traynor Room (BS/AI Plan 

Team), Seattle, WA. 

Council address: North Pacific 

Fishery Management Council, 605 W. 

4th Ave., Suite 306, Anchorage, AK 

99501–2252. 

FOR FURTHER INFORMATION CONTACT: Jane 

DiCosimo or Diana Stram, NPFMC, 

(907) 271–2809. 

SUPPLEMENTARY INFORMATION: Agenda: 

Principal business is to prepare and 

review the draft Economic Report, the 

draft Ecosystems Consideration Chapter, 

the draft stock assessments for some 

target-categories, and recommend 

preliminary groundfish catch 

specifications for 2012/13. 

The Agenda is subject to change, and 

the latest version will be posted at 

http://www.alaskafisheries.noaa.gov/ 

npfmc/. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during these meetings. Action 

will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Fishery Conservation and 

Management Act, provided the public 

has been notified of the Council’s intent 

to take final action to address the 

emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Gail Bendixen, 

(907) 271–2809, at least 5 working days 

prior to the meeting date. 

Dated: August 5, 2011. 

William D. Chappell, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–20333 Filed 8–9–11; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 11–C0007] 

CVS Pharmacy, 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 CVS 

Pharmacy, Inc., containing a civil 

penalty of $45,000.00. 

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 August 25, 

2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 11–C0007, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: Seth 

B. Popkin, Lead Trial 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) 504–7612. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: August 3, 2011. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

CVS Pharmacy, Inc. (‘‘CVS’’) and the 

U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff 

(‘‘Staff’’) enter into this Settlement 

Agreement (‘‘Agreement’’). The 

Agreement and the incorporated 

attached Order (‘‘Order’’) settle Staff’s 

allegations set forth below. 

Parties 

2. The Commission is an independent 

Federal regulatory agency established 

pursuant to, and responsible for the 

enforcement of, the Consumer Product 

Safety Act, 15 U.S.C. 2051–2089 

(‘‘CPSA’’). 


emcdonald on DSK2BSOYB1PROD with NOTICES
49454 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Notices 

3. CVS is a corporation organized and 

existing under the laws of Rhode Island, 

with its principal offices located in 

Woonsocket, Rhode Island. At all 

relevant times, CVS sold apparel and 

other products. 

Staff Allegations 

4. From August 2008 to January 2009, 

CVS sold and/or held for sale Golden 

Grove and Young USA children’s 

hooded fleece jackets with drawstrings 

at the neck (‘‘Jackets’’). 

5. CVS sold the Jackets, and/or held 

the Jackets for sale, to consumers. 

6. The Jackets are ‘‘consumer 

product[s],’’ and, at all relevant times, 

CVS was a ‘‘retailer’’ of those consumer 

products, which were ‘‘distributed in 

commerce,’’ as those terms are defined 

in CPSA sections 3(a)(5), (8), and (13), 

15 U.S.C. 2052(a)(5), (8), and (13). 

7. In February 1996, Staff issued the 

Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(‘‘Guidelines’’) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, Staff recommends that no 

children’s upper outerwear in sizes 2T 

to 12 be manufactured or sold to 

consumers with hood and neck 

drawstrings. 

8. In June 1997, ASTM adopted a 

voluntary standard (ASTM F1816–97) 

incorporating the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards associated with 

drawstrings and should ensure that 

garments they sell conform to the 

voluntary standard. 

9. On May 19, 2006, the Commission 

posted on its Web site a letter from the 

Commission’s Director of the Office of 

Compliance to manufacturers, 

importers, and retailers of children’s 

upper outerwear. The letter urges them 

to make certain that all children’s upper 

outerwear sold in the United States 

complies with ASTM F1816–97. The 

letter states that Staff considers 

children’s upper outerwear with 

drawstrings at the hood or neck area to 

be defective and to present a substantial 

risk of injury to young children under 

Federal Hazardous Substances Act 

(‘‘FHSA’’) section 15(c), 15 U.S.C. 

1274(c). The letter also references the 

CPSA’s section 15(b) (15 U.S.C. 2064(b)) 

reporting requirements. 

10. CVS informed the Commission 

that there had been no reported 

incidents or injuries associated with the 

Jackets. 

11. CVS’s distribution in commerce of 

the Jackets did not meet either the 

Guidelines or ASTM F1816–97, failed to 

comport with Staff’s May 2006 defect 

letter, and posed a strangulation hazard 

to children. 

12. On March 25, 2009, the 

Commission, in cooperation with the 

Jackets’ importer, announced a recall of 

the Jackets. 

13. CVS had presumed and actual 

knowledge that the Jackets distributed 

in commerce posed a strangulation 

hazard and presented a substantial risk 

of injury to children under FHSA 

section 15(c)(1), 15 U.S.C. 1274(c)(1). 

CVS obtained information that 

reasonably supported the conclusion 

that the Jackets contained a defect that 

could create a substantial product 

hazard or that the Jackets created an 

unreasonable risk of serious injury or 

death. Pursuant to CPSA sections 

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

and (4), CVS was required to 

immediately inform the Commission of 

the defect and risk. 

14. CVS knowingly failed to 

immediately inform the Commission 

about the Jackets as required by CPSA 

sections 15(b)(3) and (4), 15 U.S.C. 

2064(b)(3) and (4), and as the term 

‘‘knowingly’’ is defined in CPSA section 

20(d), 15 U.S.C. 2069(d). This failure 

violated CPSA section 19(a)(4), 15 

U.S.C. 2068(a)(4). Pursuant to CPSA 

section 20, 15 U.S.C. 2069, this failure 

subjected CVS to civil penalties. 

CVS’s Responsive Allegations 

15. CVS denies Staff’s allegations that 

CVS knowingly violated the CPSA and 

asserts that at the time it sold the 

Jackets, CVS did not have adequate 

notice that civil penalties could arise 

from its conduct. In imputing 

knowledge to CVS, Staff principally 

relies upon ‘‘Recommended 

Guidelines,’’ which state that the 

‘‘CPSC’s drawstring guidelines do not 

represent a standard or mandatory 

requirement set by the agency.’’ Staff 

also relies upon ASTM F1816–97, but 

this voluntary standard merely 

incorporates the Guidelines by 

reference. 

16. In order to supply products to 

CVS, vendors are required to represent 

and warrant to CVS that all merchandise 

delivered to CVS will comply with all 

existing laws, regulations, standards, 

orders and rulings including, but not 

limited to, the CPSA. 

17. CVS sold not more than 582 

Jackets to consumers. 

18. CVS is entering into the 

Agreement for settlement purposes only, 

and has made a business decision to 

avoid additional expenses and 

distractions related to further 

administrative process and litigation. 

The Agreement and Order do not 

constitute and are not evidence of any 

fault or wrongdoing on the part of CVS. 

Agreement of the Parties 

19. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over CVS. 

20. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by CVS, or a determination 

by the Commission, that CVS knowingly 

violated the CPSA. 

21. In settlement of Staff’s allegations, 

CVS shall pay a civil penalty in the 

amount of forty-five thousand dollars 

($45,000.00). The civil penalty shall be 

paid within twenty (20) calendar days of 

service of the Commission’s final Order 

accepting the Agreement. The payment 

shall be made electronically to the 

Commission via http://www.pay.gov. 

22. Upon 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) calendar 

days, the Agreement shall be deemed 

finally accepted on the sixteenth (16th) 

calendar day after the date it is 

published in the Federal Register. 

23. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, CVS 

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 Order or of 

the Commission’s actions; (3) a 

determination by the Commission of 

whether CVS failed to comply with the 

CPSA and its underlying regulations; (4) 

a statement of findings of fact and 

conclusions of law; and (5) any claims 

under the Equal Access to Justice Act. 

24. The Commission may publicize 

the terms of the Agreement and the 

Order. 

25. The Agreement and the Order 

shall apply to, and be binding upon, 

CVS and each of its successors and 

assigns. 

26. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject CVS 

and each of its successors and assigns to 

appropriate legal action. 

27. The Agreement may be used in 

interpreting the Order. Understandings, 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Notices 49455 

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. 

28. 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 CVS agree 

that severing the provision materially 

affects the purpose of the Agreement 

and the Order. 

CVS Pharmacy, Inc. 

Dated: June 21, 2011. 

Judith Samsoni, Vice President, 

CVS Pharmacy, Inc., 

One CVS Drive, 

Woonsocket, RI 02895. 

Dated: June 21, 2011. 

Stephen P. Murphy, Esq., 

Reed Smith LLP, 

1301 K Street, NW., 

Suite 1100, East Tower, 

Washington, DC 20005–3373. 

Counsel for CVS Pharmacy, Inc. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel. 

Mary B. Murphy, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: June 28, 2011. 

Seth B. Popkin, Lead Trial Attorney, Division 

of Compliance, Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between CVS 

Pharmacy, Inc. (‘‘CVS’’) and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over CVS, 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 CVS shall pay a 

civil penalty in the amount of forty-five 

thousand dollars ($45,000.00) within 

twenty (20) calendar days of service of 

the Commission’s final Order accepting 

the Agreement. The payment shall be 

made electronically to the Commission 

via http://www.pay.gov. Upon the 

failure of CVS to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by CVS 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 3rd day 

of August, 2011. 

By order of the commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–20216 Filed 8–9–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2011–OS–0088] 

Privacy Act of 1974; System of 

Records 

AGENCY: Defense Information Systems 

Agency, Department of Defense. 

ACTION: Notice to delete two systems of 

records. 

SUMMARY: The Defense Information 

Systems Agency is deleting two systems 

of records notices 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 without further notice on 

September 9, 2011 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, 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 http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanette M. Weathers-Jenkins, Defense 

Information Systems Agency, 5600 

Columbia Pike, Room 933–I, Falls 

Church, VA 22041–2705, or by phone at 

(703) 681–2103. 

SUPPLEMENTARY INFORMATION: The 

Defense Information Systems Agency 

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 Defense Information Systems 

Agency proposes to delete two systems 

of records notices from its inventory of 

record systems subject to the Privacy 

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

The proposed deletion 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: August 5, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

K240.02 

SYSTEM NAME: 

Sensitive Compartmented Info (SCI) 

Posn/Pers Accountability System 

(February 22, 1993, 58 FR 10562). 

REASON: 

DISA does not upload or input PII 

into the Sensitive Compartmented Info 

(SCI) Posn/Pers Accountability System 

also known as Scattered Castles. The PII 

within the database is covered by DPR 

34, Defense Civilian Personnel Data 

System (April 21, 2006, 71 FR 20649). 

K240.08 

SYSTEM NAME: 

Security Violation Case File (February 

22, 1993, 58 FR 10562). 

REASON: 

Records were destroyed in accordance 

with DISA’s records management 

disposition and destruction 

requirements. 

[FR Doc. 2011–20256 Filed 8–9–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Privacy Act of 1974; System of 

Records 

AGENCY: Defense Intelligence Agency, 

DoD. 

ACTION: Notice to alter a system of 

records. 

SUMMARY: The Defense Intelligence 

Agency is proposing to alter a system to 


emcdonald on DSK2BSOYB1PROD with NOTICES