58784 Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Council to convene a public 

meeting. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council will convene a 

meeting of the Standing, Special Shrimp 

and Special Reef Fish Scientific and 

Statistical Committees (SSC). 

DATES: The meeting will convene at 1 

p.m. on Tuesday, October 11, 2011 and 

conclude by 12 p.m., Thursday, October 

13, 2011. 

ADDRESSES: The meeting will be held at 

the Gulf of Mexico Fishery Management 

Council, 2203 North Lois Avenue, Suite 

1100, Tampa, FL 33607. 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 N. 

Lois Avenue, Suite 1100, Tampa, FL 

33607. 

FOR FURTHER INFORMATION CONTACT: 

Steven Atran, Population Dynamics 

Statistician; Gulf of Mexico Fishery 

Management Council; telephone: (813) 

348–1630. 

SUPPLEMENTARY INFORMATION: The 

Standing and Special Shrimp SSC will 

meet jointly on Tuesday, October 11, 

2011 to review benchmark stock 

assessments on brown shrimp, white 

shrimp and pink shrimp, and may 

consider recommending definitions of 

overfishing limit (OFL) and acceptable 

biological catch (ABC) based on those 

assessments. The remainder of the 

meeting will be a joint meeting of the 

Standing and Special Reef Fish SSC. 

The Standing and Special Reef Fish SSC 

will review and make recommendations 

on the SEDAR stock assessment 

schedule. The SSC will then review 

update assessments of gray triggerfish 

and vermilion snapper, and will 

recommend OFL and ABC for those 

stocks based on the assessments. The 

SSC will also discuss data needs from 

the Southeast Fisheries Science Center 

in order to reevaluate the 2012 red 

snapper annual catch limit during their 

next meeting. A representative from the 

Southeast Regional Office will present 

the methodology used to calculate the 

length of the red snapper recreational 

season, and will review a set of Excel 

spreadsheets used as decision tools for 

evaluating commercial and recreational 

greater amberjack management 

measures under Reef Fish Amendment 

35. SSC members who attended the 

October 4–6, 2011 National SSC meeting 

in Williamsburg, VA will give a report 

on that meeting, and the Chair of the 

Ecosystem SSC will present a summary 

of the September 15, 2011 Ecosystem 

SSC webinar. The SSC will then discuss 

possible revisions to the definition of 

optimum yield based on the revised 

National Standard 1 guidelines, and will 

review the tentative schedule of SSC 

meetings planned for 2012. 

Copies of the agenda and other related 

materials can be obtained by calling 

(813) 348–1630 or can be downloaded 

from the Council’s ftp site, 

ftp.gulfcouncil.org. 

Although other non-emergency issues 

not on the agenda may come before the 

Scientific and Statistical Committees for 

discussion, in accordance with the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

those issues may not be the subject of 

formal action during this meeting. 

Actions of the Scientific and Statistical 

Committees will be restricted to those 

issues specifically identified in the 

agenda 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 the public has been notified of 

the Council’s intent to take action to 

address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Kathy Pereira at the Council (see 

ADDRESSES) at least 5 working days prior 

to the meeting. 

Dated: September 16, 2011. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–24302 Filed 9–21–11; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 11–C0011] 

Bad Boy Enterprises, LLC, 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 Bad Boy 

Enterprises, LLC, containing a civil 

penalty of $715,000.00. 

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 7, 

2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 11–C0011, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Belinda V. Bell, Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7592. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: September 16, 2011. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Bad Boy Enterprises, LLC (‘‘Bad Boy’’) 

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 set forth below. 

The Parties 

2. Staff is the staff of the Commission, 

an independent federal regulatory 

agency established pursuant to, and 

responsible for, the enforcement of the 

CPSA, 15 U.S.C. 2051–2089. 

3. Bad Boy is a corporation, organized 

and existing under the laws of the State 

of Mississippi, with its principal 

corporate office located at 413 Liberty 

Road, Natchez, Mississippi 39120. 

Staff Allegations 

4. Between 2003 and October 2009, 

Bad Boy manufactured and distributed 

approximately nine thousand three 

hundred (9,300) off-road utility buggy 

vehicles (‘‘Buggies’’). Buggies 

distributed by Bad Boy between 2003 

and 2007, were manufactured with the 

Series motor, and an accelerator and 

controller system designed for the Series 

motor (‘‘Series Buggies’’). Buggies 

distributed by Bad Boy between 2007 

and 2009, were manufactured with a 

‘‘separately excited’’ motor, and an 

accelerator and controller system 

designed for the separately excited 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices 58785 

motor (‘‘SePex Buggies’’). Retailers and 

authorized Bad Boy distributors sold the 

Series and SePex Buggies nationwide 

for approximately between $8,000 and 

$12,000. 

5. The Buggies are ‘‘consumer 

products’’ and, at all relevant times, Bad 

Boy 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 Buggies are defective because 

they can accelerate suddenly during use 

or when the ignition is in the idle 

position, creating a runaway vehicle 

situation. 

7. Bad Boy received its first complaint 

involving sudden acceleration of a 

Series Buggy in April 2005. 

8. In spring 2007, Bad Boy began 

manufacturing and distributing SePex 

Buggies. 

9. By spring 2008, Bad Boy was aware 

of at least 10 reports of sudden 

acceleration Buggies. 

10. In May 2008, Bad Boy developed 

new software to remedy the sudden 

acceleration problem exhibited by the 

SePex Buggies. Bad Boy implemented 

the software repair program without 

notifying the Commission of the sudden 

acceleration problem. Despite 

knowledge of the information set forth 

in Paragraphs 5 through 9, Bad Boy did 

not report to the Commission until 

August 13, 2009. At that time, Bad Boy 

reported to the Commission about the 

SePex Buggies only. By that date, Bad 

Boy was aware of at least thirty two (32) 

reports involving sudden acceleration of 

the SePex Buggies and aware of at least 

twenty two (22) sudden acceleration 

reports of the Series Buggies. Bad Boy 

recalled the SePex Buggies on October 

21, 2009. 

11. In May 2010, Bad Boy developed 

a second repair program for the SePex 

Buggies to address continued reports of 

sudden acceleration. On May 28, 2010, 

Bad Boy finally reported the Series 

Buggies and notified the Commission 

that the Firm was including them in the 

expanded repair program. By this time, 

Bad Boy was aware of thirty-three (33) 

reports of sudden acceleration involving 

the Series Buggies. On December 22, 

2010, Bad Boy announced the recall of 

the Series Buggies along with the 

second SePex Buggy recall. 

12. Although Bad Boy had obtained 

sufficient information to reasonably 

support the conclusion that the Buggies 

contained a defect which could create a 

substantial product hazard, or created 

an unreasonable risk of serious injury or 

death, Bad Boy 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 inform 

the Commission immediately of the 

defect or advising that the defect 

involved the Buggies, Bad Boy 

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). 

13. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Bad Boy 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 Bad Boy Enterprises LLC 

14. Bad Boy denies the allegations of 

Staff that the Buggies contain a defect 

which could create a substantial 

product hazard or create an 

unreasonable risk of serious injury or 

death, and denies that it violated the 

reporting requirements of Section 15(b) 

of the CPSA, 15 U.S.C. § 2064(b). 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Bad Boy. 

16. In settlement of Staff’s allegations, 

Bad Boy shall pay a civil penalty in the 

amount of seven hundred fifteen 

thousand dollars ($715,000.00) 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. 

17. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Bad Boy or a 

determination by the Commission that 

Bad Boy violated the CPSA’s reporting 

requirements. 

18. 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). 

19. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Bad Boy 

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 Bad Boy 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, 

Bad Boy and each of its successors and/ 

or assigns until the obligations 

described in Paragraph 16 have been 

fulfilled to the satisfaction of the 

Commission. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject Bad 

Boy and each of its successors and/or 

assigns to appropriate legal action until 

the obligations described in Paragraph 

16 have been fulfilled to the satisfaction 

of the Commission. 

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 Bad Boy 

agree that severing the provision 

materially affects the purpose of the 

Agreement and Order. 

Bad Boy Enterprises LLC 

Dated: July 26, 2011. 

By: lllllllllllllllllll

John Dale, IV, 

Managing Member, Bad Boy Enterprises, LLC, 

413 Liberty Road, Natchez, Mississippi 

39120. 

Dated: July 26, 2011. 

By: lllllllllllllllllll

Patrick P. Burns, Jr., 

Managing Member, Bad Boy Enterprises, LLC, 

413 Liberty Road, Natchez, Mississippi 

39120. 

Dated: August 1, 2011. 

By: lllllllllllllllllll

Erika Z. Jones, Esquire, 


jlentini on DSK4TPTVN1PROD with NOTICES
58786 Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices 

Mayer Brown LLP, 1999 K Street, NW., 

Washington, DC 20006–1101, Counsel for 

Bad Boy Enterprises LLC. 

U.S. Consumer Product Safety 

Commission Staff. 

Cheryl A. Falvey, 

General Counsel. 

Mary B. Murphy, 

Assistant General Counsel. 

Dated: September 6, 2011. 

By: lllllllllllllllllll

Belinda V. Bell, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No.: 11–C0011] 

In the Matter of: Bad Boy Enterprises, 

LLC 

Order 

Upon consideration of the Settlement 

Agreement entered into between Bad 

Boy Enterprises, LLC. (‘‘Bad Boy’’), and 

the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over Bad 

Boy, 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 Bad Boy shall 

pay a civil penalty in the amount of 

seven hundred fifteen thousand dollars 

($715,000.00) within twenty (20) days of 

service of the Commission’s final Order 

accepting the Settlement Agreement 

upon counsel for Bad Boy identified in 

the Settlement Agreement. The payment 

shall be made electronically to the CPSC 

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

failure of Bad Boy to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Bad Boy 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 16th day of September, 

2011. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–24343 Filed 9–21–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Meeting of the Defense Acquisition 

University Board of Visitors 

AGENCY: Defense Acquisition 

University, Department of Defense 

(DoD). 

ACTION: Notice of open meeting. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

1972 (5 U.S.C., Appendix, as amended), 

the Government in the Sunshine Act of 

1976 (5 U.S.C. 552b, as amended), and 

41 CFR 102–3.150, the Department of 

Defense announces that the following 

Federal advisory committee meeting of 

the Defense Acquisition University 

Board of Visitors will take place. 

DATES: Thursday, October 13, 2011, 

from 8:30 a.m.–11:45 a.m. 

ADDRESSES: Hirsch Center, Building 

226, Defense Acquisition University, 

9820 Belvoir Rd., Fort Belvoir, VA 

22060. 

FOR FURTHER INFORMATION CONTACT: 

Christen Goulding, Protocol Director, 

DAU: Phone: 703–805–5134, Fax: 703– 

805–5940, E-mail: 

christen.goulding@dau.mil. 

SUPPLEMENTARY INFORMATION: Purpose of 

the Meeting: The purpose of this 

meeting is to report back to the Board 

of Visitors on continuing items of 

interest. 

Agenda: 

8:30 a.m.—Welcome and approval of 

minutes. 

8:35 a.m.—Certification to Qualification. 

9:15 a.m.—Distinguished Faculty. 

10:15 a.m.—Mission Assistance. 

11 a.m.—DCMA Partnership Agreement. 

11:45 a.m.—Adjourn. 

Public’s Accessibility to the Meeting 

Pursuant to 5 U.S.C. 552b and 41 CFR 

102–3.140 through 102–3.165, and the 

availability of space, this meeting is 

open to the public. However, because of 

space limitations, allocation of seating 

will be made on a first-come, first 

served basis. Persons desiring to attend 

the meeting should call Ms. Christen 

Goulding at 703–805–5134. 

Committee’s Designated Federal 

Officer or Point of Contact: Ms. Kelley 

Berta, 703–805–5412. 

Dated: September 19, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–24351 Filed 9–21–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2011–OS–0101] 

Privacy Act of 1974; Systems of 

Records 

AGENCY: National Security Agency/ 

Central Security Service, Department of 

Defense (DoD). 

ACTION: Notice to Amend a System of 

Records. 

SUMMARY: The National Security Agency 

(NSA) is proposing to amend a system 

of records notice 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 

October 24, 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, 4800 Mark Center Drive, 

2nd floor, East Tower, 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. 

Anne Hill, National Security Agency/ 

Central Security Service, Freedom of 

Information Act and Privacy Act Office, 

9800 Savage Road, Suite 6248, Ft. 

George G. Meade, MD 20755–6248, or 

by phone at (301) 688–6527. 

SUPPLEMENTARY INFORMATION: The 

National Security Agency/Central 

Security System 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 specific changes to the records 

system being amended are set forth 

below followed by the notice, as 

amended, published in its entirety. The 

proposed amendment is not within the 


jlentini on DSK4TPTVN1PROD with NOTICES