27190 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Notices 

23 Gloucester meeting will focus on 

developing options for River Herring 

and Shad Catch Caps for 

implementation in 2014 per 

Amendment 14 to the Atlantic 

Mackerel, Squid, and Butterfish Fishery 

Management Plan. Implementation of 

Amendment 14 is expected by January 

1, 2014. This first meeting will be held 

jointly with the New England Fishery 

Management Council’s (NEFMC) 

Atlantic Herring Plan Development 

Team. The NEFMC is considering River 

Herring and/or Shad catch caps for the 

Atlantic Herring fishery so a joint 

meeting has been arranged. The May 28 

webinar meeting will address any 

outstanding River Herring and Shad Cap 

issues as well as other MSB 

management measures for 2014. If you 

would like assistance with the webinar 

connection, please contact M. Jan 

Saunders at the Mid-Atlantic Council 

Office, (302) 526–5251, at least 5 days 

prior to the meeting date. 

Special Accommodations 

The meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to M. 

Jan Saunders at the Mid-Atlantic 

Council Office, (302) 526–5251, at least 

5 days prior to the meeting date. 

Dated: May 6, 2013. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–11040 Filed 5–8–13; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XC662 

Pacific Fishery Management Council; 

Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The Pacific Fishery 

Management Council’s (Pacific Council) 

Enforcement Consultants (EC) will hold 

an online webinar, which is open to the 

public. 

DATES: The webinar will be held 

Thursday, May 23, 2013, from 10 a.m. 

to 12 noon Pacific Time. 

ADDRESSES: To attend the EC webinar, 

please reserve your seat by visiting 

https://www2.gotomeeting.com/register/

689010826. If requested, enter your 

name, email address, and the webinar 

ID, which is 689–010–826. Once 

registered, participants will receive a 

confirmation email message that 

contains detailed information about 

viewing the event. To only join the 

audio teleconference of the webinar 

from the U.S. or Canada, call the toll 

number +1 (914) 339–0021 (note: this is 

not a toll-free number) and use the 

access code 328–966–651 when 

prompted. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: Jim 

Seger, Staff Officer; telephone: (503) 

820–2280. 

SUPPLEMENTARY INFORMATION: The 

primary purpose of the webinar is to 

develop recommendations on the vessel 

monitoring system (VMS) agenda item 

scheduled for the June 2013 Pacific 

Council meeting. The main VMS issue 

to be discussed pertains to fishery 

declarations required by vessels with 

VMS units acquired for use in the 

commercial groundfish fishery. Other 

items on the June 2013 Pacific Council 

agenda may also be discussed during 

the meeting. 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 Magnuson-Stevens Fishery 

Conservation and Management Act, 

provided the public has been notified of 

the EC’s intent to take final 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 Mr. 

Kris Kleinschmidt, at (503) 820–2280, at 

least 5 days prior to the meeting date. 

Dated: May 6, 2013. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–11039 Filed 5–8–13; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 13–C0005] 

Williams-Sonoma, 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 WilliamsSonoma, Inc., containing a civil penalty 

of $987,500, within twenty (20) days of 

service of the Commission’s final Order 

accepting the Settlement Agreement. 

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 May 24, 

2013. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 13–C0005, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Kelly M. Moore, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7447. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: May 6, 2013. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with the Consumer 

Product Safety Act, 15 U.S.C. 2051– 

2089 (CPSA) and 16 CFR 1118.20, 

Williams-Sonoma, Inc. (WS), and the 

United States Consumer Product Safety 

Commission (Commission), through its 

staff (Staff), hereby enter into this 

Settlement Agreement (Agreement). The 

Agreement, and the incorporated 

attached Order, resolve Staff’s charges 

set forth below. 

The Parties 

2. The Commission is an independent 

federal regulatory agency, established 

pursuant to, and responsible for, the 

enforcement of the CPSA, 15 U.S.C. 

2051–2089. By executing the 

Agreement, the Staff is acting on behalf 

of the Commission, pursuant to 16 CFR 

1118.20(b). The Commission issues the 

Order under the provisions of the CPSA. 

3. WS is a corporation, organized and 

existing under the laws of the State of 

Delaware, with its principal corporate 

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Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Notices 27191 

1At least one consumer was injured in each of the 

eight incidents reported to WS through October 28, 

2006; in one such incident, two consumers reported 

injury. The incident report WS received on October 

28, 2006 included an account of the ninth Productrelated injury then known to WS. 

office located at 3250 Van Ness Avenue, 

San Francisco, CA 94109. 

4. At all times relevant to this 

Agreement, Pottery Barn, Inc. was a 

wholly-owned subsidiary of WS. 

Staff Charges 

5. Between 2003 and 2008, WS 

imported into the United States 

approximately 30,000 wooden 

hammock stands (the Products) and 

distributed them exclusively through 

Pottery Barn and PBteen catalogs and 

Web sites, and Pottery Barn Outlet 

stores. The Products were sold 

nationwide for approximately $300. 

6. The Products are wooden hammock 

stands for outdoor use that are held 

together by metal brackets. Cloth 

hammocks designed for one or multiple 

users can be hooked to the steel eye 

bolts located on the Product’s vertical 

support beams. The Products are 

‘‘consumer products’’ ‘‘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), and at all relevant times, WS 

was a ‘‘manufacturer’’ and ‘‘retailer’’ of 

those items, as such terms are defined 

or used in sections 3(a) (11) and (13) of 

the CPSA, 15 U.S.C. 2052(a)(11) and 

(13). 

7. The Products are defective because 

water and moisture can become trapped 

in the metal brackets, which can cause 

the wooden beams to rot inside the 

bracket. The Products were marketed for 

outdoor use, where they would 

routinely be exposed to rain and other 

inclement weather. Because the rotting 

was occurring inside the metal bracket, 

where it was hidden from view, there 

sometimes was no outward indication to 

consumers that the wood was rotting, 

until a consumer sat in the hammock 

and the beams broke. This posed fall 

and laceration hazards to consumers. 

8. WS received notice of a Product 

failure as early as November 2004, when 

a consumer reported to WS that the 

vertical support beam of the Product’s 

wooden frame had snapped, causing her 

guest to fall to the ground and sustain 

injury. 

9. On or before October 28, 2006, the 

date by which WS received its eighth 

incident report involving the Products,1

WS had obtained sufficient information 

that reasonably supported the 

conclusion that the Products contained 

a defect or possible defect that could 

create a substantial product hazard or 

created an unreasonable risk of serious 

injury or death. WS was required 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). 

10. Despite having information 

regarding the Products’ defect, WS 

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). 

11. WS did not file its Full Report 

with the Commission until September 

11, 2008. WS recalled the Products on 

October 1, 2008. By that time, WS was 

aware of 45 incidents involving the 

Products. 

12. In failing to inform the 

Commission about the Products 

immediately, WS 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, WS 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 Williams-Sonoma, Inc. 

14. WS neither admits nor denies the 

charges set forth in paragraphs 5 

through 13 above, including but not 

limited to, the charge that the Products 

contained a defect that could create a 

substantial product hazard or create an 

unreasonable risk of serious injury or 

death, and the contention that WS failed 

to notify the Commission in a timely 

manner, in accordance with 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 the matter 

involving the Products described herein 

and over WS. 

16. In settlement of Staff’s charges, 

and to avoid the cost, distraction, delay, 

uncertainty, and inconvenience of 

protracted litigation or other 

proceedings, WS shall pay a civil 

penalty in the amount of nine hundred 

eighty-seven thousand five hundred 

dollars ($987,500) within twenty (20) 

calendar days after receiving service of 

the Commission’s final Order accepting 

the Agreement. The payment shall be 

made by electronic wire transfer to the 

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

17. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by WS or a determination by 

the Commission that WS violated the 

CPSA’s reporting requirements. 

18. Following Staff’s receipt of this 

Agreement executed on behalf of WS, 

Staff shall promptly submit the 

Agreement to the Commission for 

provisional acceptance. Promptly 

following 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 the 

Agreement is published in the Federal 

Register, in accordance with 16 CFR 

1118.20(f). 

19. This Agreement is conditioned 

upon, and subject to, the Commission’s 

final acceptance, as set forth above, and 

it is subject to the provisions of 16 CFR 

1118.20(h). Upon the later of: (i) 

Commission’s final acceptance of this 

Agreement and service of the accepted 

Agreement upon WS; and (ii) the date 

of issuance of the final Order, this 

Agreement shall be in full force and 

effect and shall be binding upon the 

parties. 

20. Effective upon the later of: (i) The 

Commission’s final acceptance of the 

Agreement and service of the accepted 

Agreement upon WS; and (ii) and the 

date of issuance of the final Order, for 

good and valuable consideration, WS 

hereby expressly and irrevocably waives 

and agrees not to assert any past, 

present, or future rights to the following, 

in connection with the matter described 

in this Agreement: (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 WS 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. WS shall implement and maintain 

a compliance program designed to 

ensure compliance with the safety 

statutes and regulations enforced by the 

Commission that, at a minimum, 

contains the following elements: (i) 

Written standards and policies; (ii) a 

mechanism for confidential employee 

reporting of compliance-related 

questions or concerns to either a 

compliance officer or to another senior 

manager with authority to act as 

necessary; (iii) effective communication 

of company compliance-related policies 

and procedures to all employees 

through training programs or otherwise; 

(iv) senior manager responsibility for 

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27192 Federal Register / Vol. 78, No. 90 / Thursday, May 9, 2013 / Notices 

compliance; (v) board oversight of 

compliance (if applicable); and (vi) 

retention of all compliance-related 

records for at least five (5) years and 

availability of such records to Staff upon 

request. 

22. WS shall maintain and enforce a 

system of internal controls and 

procedures designed to ensure that: (i) 

Information required to be disclosed by 

WS to the Commission is recorded, 

processed and reported in accordance 

with applicable law; (ii) all reporting 

made to the Commission is timely, 

truthful, complete and accurate; and (iii) 

prompt disclosure is made to WS’s 

management of any significant 

deficiencies or material weaknesses in 

the design or operation of such internal 

controls that are reasonably likely to 

adversely affect in any material respect 

WS’s ability to record, process and 

report to the Commission in accordance 

with applicable law. 

23. Upon request of Staff, WS shall 

provide written documentation of such 

improvements, processes, and controls, 

including, but not limited to, the 

effective dates of such improvements, 

processes, and controls. WS shall 

cooperate fully and truthfully with Staff 

and shall make available all 

information, materials, and personnel 

deemed necessary by Staff to evaluate 

WS’s compliance with the terms of the 

Agreement. 

24. The parties acknowledge and 

agree that the Commission may make 

public disclosure of the terms of the 

Agreement and the Order. 

25. WS represents that the Agreement: 

(i) Is freely and voluntarily entered into, 

without any degree of duress or 

compulsion whatsoever; (ii) has been 

duly authorized; and (iii) constitutes the 

valid and binding obligation of WS, 

enforceable against WS in accordance 

with its terms. The individuals signing 

the Agreement on behalf of WS 

represent and warrant that they are duly 

authorized by WS to execute the 

Agreement. 

26. The Commission signatories 

represent that they are signing the 

Agreement in their official capacities 

and that they are authorized to execute 

this Agreement. 

27. The Agreement is governed by the 

laws of the United States. 

28. The Agreement and the Order 

shall apply to, and be binding upon, WS 

and each of its successors, transferees, 

and assigns, and a violation of the 

Agreement or Order may subject WS, 

and each of its successors, transferees 

and assigns, to appropriate legal action. 

29. The Agreement and the Order 

constitute the complete agreement 

between the parties on the subject 

matter contained therein. 

30. 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. For purposes of 

construction, the Agreement shall be 

deemed to have been drafted by both of 

the parties and shall not, therefore, be 

construed against any party for that 

reason in any subsequent dispute. 

31. The Agreement may not be 

waived, amended, modified, or 

otherwise altered, except as in 

accordance with the provisions of 16 

CFR 1118.20(h). The Agreement may be 

executed in counterparts. 

32. 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 WS agree in 

writing that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

Dated: lllllllllllllllll

WILLIAMS-SONOMA, INC. 

By: 

lllllllllllllllllllll

Julie P. Whalen, 

Executive Vice President, Chief Financial 

Officer 

Williams-Sonoma, Inc. 

3250 Van Ness Avenue 

San Francisco, CA 94109 

Dated: 4/25/13 

By: 

lllllllllllllllllllll

Eric A. Rubel, 

Counsel to Williams Sonoma, Inc. 

Arnold & Porter LLP 

555 Twelfth Street NW. 

Washington, DC 20004–1206 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION 

Stephanie Tsacoumis, 

General Counsel 

Mary B. Murphy, 

Assistant General Counsel 

Dated: 4/25/13 

By: 

lllllllllllllllllllll

Kelly M. Moore, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel 

Order 

Upon consideration of the Settlement 

Agreement entered into between 

Williams-Sonoma, Inc. (WS), and the 

U.S. Consumer Product Safety 

Commission (Commission), and the 

Commission having jurisdiction over 

the subject matter and over WS, 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 WS shall comply 

with the terms of the Settlement 

Agreement and shall pay a civil penalty 

in the amount of nine hundred eightyseven thousand five hundred dollars 

($987,500) within twenty (20) days of 

service of the Commission’s final Order 

accepting the Settlement Agreement. 

The payment shall be made by 

electronic wire transfer to the 

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

Upon the failure of WS to make the 

foregoing payment when due, interest 

on the unpaid amount shall accrue and 

be paid by WS at the federal legal rate 

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

and (b). If WS fails to make such 

payment or to comply in full with any 

other provision as set forth in the 

Settlement Agreement, such conduct 

will be considered a violation of the 

Settlement Agreement and Order. 

Provisionally accepted and provisional 

Order issued on the 3rd day of May, 2013. 

BY ORDER OF THE COMMISSION: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission 

[FR Doc. 2013–11029 Filed 5–8–13; 8:45 am] 

BILLING CODE 6355–01–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Information Collection; Submission for 

OMB Review, Comment Request 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Notice. 

SUMMARY: The Corporation for National 

and Community Service (CNCS) has 

submitted a public information 

collection request (ICR) entitled Learn 

and Serve Progress Report Information 

Collection for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, (44 U.S.C. Chapter 35). Copies of 

this ICR, with applicable supporting 

documentation, may be obtained by 

calling the Corporation for National and 

Community Service, Sylvie Mortimer, at 

(202) 606–6749 or email to 

smortimer@cns.gov. Individuals who 

use a telecommunications device for the 

deaf (TTY–TDD) may call 1–800–833– 

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