Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38419 

By Order of the Commission: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18506 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0028] 

Cardinal Distributing Company, 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 Cardinal 

Distributing Company, Inc., containing a 

civil penalty of $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 August 18, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0028, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: M. 

Reza Malihi, Trial Attorney, Division of 

Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Cardinal Distributing 

Company, Inc., CPSC Docket No. 09–C0028. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Cardinal Distributing Company, Inc. 

(‘‘Cardinal’’) and the staff (‘‘Staff’’) of the 

United States Consumer Product Safety 

Commission (‘‘CPSC’’ or the ‘‘Commission’’) 

enter into this Settlement Agreement 

(‘‘Agreement’’). The Agreement and the 

incorporated attached Order (‘‘Order’’) settle 

the 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’’). 

3. Cardinal is a corporation organized and 

existing under the laws of Maryland, with its 

principal offices located in Baltimore, 

Maryland. At all times relevant hereto, 

Cardinal imported and/or sold toy jewelry. 

Staff Allegations 

4. Between November 2005 and April 

2007, Cardinal imported into the United 

States about 900,000 units of toy jewelry, 

consisting of Children’s ‘‘Sportswear’’ 

Necklaces, Item # 8261 (‘‘Necklace(s)’’), and 

Children’s Charm Bracelets, Item # INK705 

(‘‘Bracelet(s)’’). Cardinal offered for sale or 

sold most of the subject products through 

vending machines located in malls, discount, 

department and grocery stores nationwide 

from January 2006 through April 2007 for 

$0.25 per unit. 

5. The Necklaces and Bracelets are 

‘‘consumer product(s),’’ and, at all times 

relevant hereto, Cardinal was a 

‘‘manufacturer’’ and/or a ‘‘retailer’’ of those 

consumer product(s), which were 

‘‘distributed in commerce,’’ as those terms 

are defined in CPSA sections 3(a)(3), (5), (8), 

(11), and (13), 15 U.S.C. 2052(a)(3), (5), (8), 

(11), and (13). 

6. The Necklaces and Bracelets are articles 

intended to be entrusted to or for use by 

children, and, therefore, are subject to the 

requirements of the Commission’s Ban of 

Lead-Containing Paint and Certain Consumer 

Products Bearing Lead-Containing Paint, 16 

CFR part 1303 (the ‘‘Ban’’). Under the Ban, 

toys and other children’s articles must not 

bear ‘‘lead-containing paint,’’ defined as 

paint or other surface coating materials 

whose lead content is more than 0.06 percent 

of the weight of the total nonvolatile content 

of the paint or the weight of the dried paint 

film. 16 CFR 1303.2(b)(1) 

7. On February 16, 2007, the Staff obtained 

samples of the Necklaces from one of 

Cardinal’s customers based in Illinois, which 

subsequently were tested at the CPSC 

Laboratory for the presence of lead. The test 

results demonstrated that the yellow paint on 

certain Necklace samples contained a total 

lead content from 0.519 percent to 0.726 

percent. These levels of lead are in excess of 

the permissible 0.06 percent limit set forth in 

the Ban. 

8. Cardinal reported to CPSC on April 10, 

2007 that recent testing of the Bracelets by an 

independent laboratory had demonstrated 

that their surface coating contained a total 

lead content as high as 1.5 percent. These 

levels of lead are in excess of the permissible 

0.06 percent limit set forth in the Ban. 

9. On April 17, 2007, the Commission and 

Cardinal announced a consumer-level recall 

of about 900,000 units of the Necklaces and 

Bracelets because ‘‘The paint on this jewelry 

contains high levels of lead. Lead is toxic if 

ingested by young children and can cause 

adverse health effects.’’ 

10. Although Cardinal reported no 

incidents or injuries associated with the 

Necklaces and Bracelets, it failed to take 

adequate action to ensure that none would 

bear or contain lead-containing paint, thereby 

creating a risk of lead poisoning and adverse 

health effects to children. 

11. The Necklaces and Bracelets constitute 

‘‘banned hazardous products’’ under CPSA 

section 8 and the Ban, 15 U.S.C. 2057 and 16 

CFR 1303.1(a)(1), 1303.4(b), in that they bear 

or contain paint or other surface coating 

materials whose lead content exceeds the 

permissible limit of 0.06 percent of the 

weight of the total nonvolatile content of the 

paint or the weight of the dried paint film. 

12. Between November 2005 and April 

2007, Cardinal sold, manufactured for sale, 

offered for sale, distributed in commerce, or 

imported into the United States, or caused 

one or more of such acts, with respect to the 

aforesaid banned hazardous Necklaces and 

Bracelets, in violation of section 19(a)(1) of 

the CPSA, 15 U.S.C. 2068(a)(1). Cardinal 

committed these prohibited acts 

‘‘knowingly,’’ as that term 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, Cardinal is subject to civil 

penalties for the aforementioned violations. 

Cardinal Response 

14. Cardinal denies the Staff’s allegations 

set forth above that Cardinal knowingly 

violated the CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission has 

jurisdiction over this matter and over 

Cardinal. 

16. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Cardinal, 

or a determination by the Commission, that 

Cardinal has knowingly violated the CPSA. 

17. In settlement of the Staff’s allegations, 

Cardinal shall pay a civil penalty in the 

amount of one hundred thousand dollars 

($100,000.00). The civil penalty shall be paid 

in two (2) installments as follows: $50,000.00 

shall be paid within twenty (20) calendar 

days of service of the Commission’s final 

Order accepting the Agreement; and 

$50,000.00 shall be paid within six (6) 

months of service of the Commission’s final 

Order accepting the Agreement. Each 

payment shall be made by check payable to 

the order of the United States Treasury. 

18. The CPSC agrees to take no further 

action involving Cardinal with respect to 

CPSC Sample Nos. 07–302–0148 and 07– 

302–0149 (Children’s Rings with Dice or 

Horseshoes, Release No. 07–174), and CPSC 

No. RP070318 (Children’s Turquoise Rings, 

Release No. 07–189). 

19. Upon the Commission’s 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 


sroberts on DSKD5P82C1PROD with NOTICES
38420 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

Agreement within fifteen (15) days, the 

Agreement shall be deemed finally accepted 

on the sixteenth (16th) day after the date it 

is published in the Federal Register. 

20. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Cardinal 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 Commission’s 

Order or actions; (3) a determination by the 

Commission of whether Cardinal 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. 

21. The Commission may publicize the 

terms of the Agreement and Order. 

22. The Agreement and Order shall apply 

to, and be binding upon, Cardinal and each 

of its successors and assigns. 

23. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Cardinal 

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 Order may not be used to 

vary or contradict its terms. The Agreement 

shall not be waived, amended, modified, or 

otherwise altered, except in a writing that is 

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 

Order is held to be illegal, invalid, or 

unenforceable under present or future laws 

effective during the terms of the Agreement 

and Order, such provision shall be fully 

severable. The balance of the Agreement and 

Order shall remain in full force and effect, 

unless the Commission and Cardinal agree 

that severing the provision materially affects 

the purpose of the Agreement and Order. 

CARDINAL DISTRIBUTING COMPANY, 

INC. 

Dated: 11/13/08. 

By: lllllllllllllllllll

Daniel Paszkiewicz, 

President, Cardinal Distributing Company, 

Inc., 6801 Quad Avenue, Baltimore, MD 

21237. 

Dated: 11/14/08. 

By: lllllllllllllllllll

Caroline A. Pilch, Esq., 

Yen Pilch Komadina & Flemming, P.C., 6017 

North 15th Street, Phoenix, AZ 85014, 

Counsel for Cardinal Distributing Company, 

Inc. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Division of 

Compliance, Office of the General Counsel. 

Dated: 4/14/09. 

By: lllllllllllllllllll

M. Reza Malihi, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Cardinal Distributing 

Company, Inc., CPSC Docket No. 09–C0028. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Cardinal 

Distributing Company, Inc. (‘‘Cardinal’’) and 

the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and the 

Commission having jurisdiction over the 

subject matter and over Cardinal, and it 

appearing that the Settlement Agreement and 

Order are in the public interest, it is 

ordered, that the Settlement Agreement be, 

and hereby is, accepted; and it is 

further ordered, that Cardinal shall pay a 

civil penalty in the amount of one hundred 

thousand dollars ($100,000.00). The civil 

penalty shall be paid in two (2) installments 

as follows: $50,000.00 shall be paid within 

twenty (20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement; and $50,000.00 shall be paid 

within six (6) months of service of the 

Commission’s final Order accepting the 

Agreement. Each payment shall be made by 

check payable to the order of the United 

States Treasury. Upon the failure of Cardinal 

to make any of the foregoing payments when 

due, (i) the entire amount of the civil penalty 

shall become due and payable, and (ii) 

interest on the outstanding balance shall 

accrue and be paid by Cardinal 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 8th day of July 2009. 

By Order of the Commission: 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18512 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2009–OS–0120] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Under Secretary of 

Defense for Acquisition, Technology 

and Logistics, Department of Defense. 

ACTION: Notice. 

In compliance with section 

35006(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics announces 

the proposed extension of a public 

information collection for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of DoD’s estimate of the 

burden of the proposed information 

collection; ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

forms of information technology. 

DATES: Consideration will be given to all 

comments received by October 2, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

Federal eRulemaking 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, docket 

number and title 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: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Defense 

Standardization Program Office (DSPO), 

Defense Logistics Agency, J–307, 

Attention: Ms. Karen Bond, 8725 John J. 

Kingman Road, Mail Stop 6233, Fort 

Belvoir, VA 20060–6221, or contact the 

Defense Standardization Program Office 

(DSPO) at (703) 767–6871. 

Title, Associated Forms, and OMB 

Number: Acquisition Management 

Systems and Data Requirements Control 

List (AMSDL); Numerous Forms; 0704– 

0188. 

Needs and Uses: The Acquisition 

Management Systems and Data 

Requirements Control List (AMSDL) is a 

list of data requirements used in 

Department of Defense (DoD) contracts. 

The information collected will be used 

by DoD personnel and other DoD 

contractors to support the design, test, 

manufacture, training, operation, and 

maintenance of procured items, 

including weapons systems critical to 

the national defense. 

Affected Public: Business or Other 

For-Profit; Not-For-Profit Institutions. 

Annual Burden Hours: 26,915,328. 

Number of Respondents: 944. 

Responses per Respondent: 432. 


sroberts on DSKD5P82C1PROD with NOTICES