38404 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XQ66 

Fisheries of the South Atlantic; South 

Atlantic 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 South Atlantic Fishery 

Management Council will hold a 

meeting of its King and Spanish 

Mackerel (Mackerel) Advisory Panel in 

North Charleston, SC. See 

SUPPLEMENTARY INFORMATION. 

DATES: The meeting will take place 

August 18–19, 2009. See 

SUPPLEMENTARY INFORMATION for specific 

dates and times. 

ADDRESSES: The meeting will be held at 

the Hilton Garden Inn, 5265 

International Boulevard, North 

Charleston, SC; telephone: (843) 308– 

9330. 

FOR FURTHER INFORMATION CONTACT: Kim 

Iverson, Public Information Officer, 

South Atlantic Fishery Management 

Council, 4055 Faber Place Drive, Suite 

201, N. Charleston, SC 29405; 

telephone: (843) 571–4366 or toll free 

(866) SAFMC–10; fax: (843) 769–4520; 

email: kim.iverson@safmc.net. 

SUPPLEMENTARY INFORMATION: Members 

of the Mackerel Advisory Panel will 

meet from 1 p.m. until 5 p.m. on August 

18, 2009, and from 8:30 a.m. until 3 

p.m. on August 19, 2009. 

The Advisory Panel will review 

actions and management alternatives in 

draft Amendment 18 to the Fishery 

Management Plan (FMP) for the Coastal 

Migratory Pelagic Resources (Mackerels) 

in the Gulf of Mexico and South 

Atlantic Region. The joint amendment is 

being prepared in order to meet the 

mandates of the Reauthorized 

Magnuson-Stevens Act, including the 

establishment of Maximum Sustainable 

Yield (MSY), Allowable Biological 

Catch (ABC) and Overfishing Levels 

(OFLs) as recommended by both the 

Gulf of Mexico Fishery Management 

Council’s Scientific and Statistical 

Committee (SSC) and the South Atlantic 

Council’s SSC, Annual Catch Limits 

(ACLs), Annual Catch Targets (ACTs) 

and Accountability Measures (AMs) for 

Gulf Migratory Group king mackerel, 

Gulf Migratory Group Spanish mackerel, 

South Atlantic Migratory Group king 

mackerel, South Atlantic Migratory 

Group Spanish Mackerel, and cobia in 

both the Gulf of Mexico and South 

Atlantic. The amendment also includes 

alternatives for establishing a Gulf 

Migratory Group and South Atlantic 

Migratory Group for cobia, additions to 

Framework procedures that would 

include stock assessments through the 

Southeast Data, Assessment, and 

Review (SEDAR) stock assessment 

program, OFLs, ABCs, ACLs and 

possibly Annual Catch Targets (ACTs) 

to the list of items that can be modified 

through Framework actions, and an 

alternative to prohibit the sale of 

recreational bag limit Atlantic Migratory 

Group king mackerel. 

The AP will provide 

recommendations to the Council 

regarding the alternatives in the draft 

amendment. The Gulf of Mexico Fishery 

Management Council is taking the lead 

in development of joint Amendment 18. 

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 this 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 Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

auxiliary aids should be directed to the 

council office (see ADDRESSES) 3 days 

prior to the meeting. 

Note: The times and sequence 

specified in this agenda are subject to 

change. 

Dated: July 29, 2009. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–18410 Filed 7–31–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN: 0648–XQ68 

Gulf of Mexico 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 Gulf of Mexico Fishery 

Management Council will convene a 

meeting of the ABC Control Rule 

Workgroup. 

DATES: The meeting will convene at 1 

p.m. on Monday, August 17, 2009 and 

conclude by 3 p.m. on Tuesday, August 

18, 2009. 

ADDRESSES: The meeting will be held at 

the Quorum, 700 N. Westshore Blvd, 

Tampa, FL 33609, telephone: (813) 289– 

8200. 

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 ABC 

Control Rule Workgroup will meet to 

begin the process of developing a 

structured decision making framework 

to assist in assessing scientific 

uncertainty, the probability of 

overfishing, and acceptable levels of risk 

when setting acceptable biological catch 

(ABC). The working group includes 

Council members, Council staff, NOAA 

staff, and members of the Scientific and 

Statistical Committee (SSC). Under the 

Magnuson-Stevens Fishery 

Conservation and Management 

Reauthorization Act of 2006, the SSC is 

charged with setting ABC levels for 

managed stocks that account for 

scientific uncertainty in the estimate of 

the overfishing limit (OFL) and any 

other scientific uncertainty. 

Determining an acceptable level of risk 

of overfishing when setting ABC is a 

policy issue that requires input from 

both scientists and managers. The 

meeting will include discussions on the 

Magnuson-Stevens Act National 

Standard 1 guidelines, sources of 

scientific uncertainty, approaches to 

developing control rules for setting ABC 

including decision trees and analytical 

methods, and scheduling of future 

actions by the working group. 

Copies of the agenda and other related 

materials can be obtained by calling 

(813) 348–1630. 

Although other non-emergency issues 

not on the agenda may come before the 

ABC Control Rule Workgroup for 

discussion, in accordance with the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), those issues 

may not be the subject of formal action 

during this meeting. Actions of the ABC 

Control Rule Workgroup will be 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38405 

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 

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 Tina 

O’Hern at the Council (see ADDRESSES) 

at least 5 working days prior to the 

meeting. 

Dated: July 29, 2009. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–18403 Filed 7–31–09; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0022] 

Downeast Concepts, 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 Downeast 

Concepts, Inc., containing a civil 

penalty of $30,000.00. 

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–C0022, 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 or Neal S. 

Cohen, Trial Attorney, (same address); 

telephone (301) 504–7504. 

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 Downeast Concepts, Inc., 

CPSC Docket No. 09–C0022. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Downeast Concepts, Inc. (‘‘Downeast’’) 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. Downeast is a corporation organized and 

existing under the laws of Maine, with its 

principal offices located in Yarmouth, Maine. 

At all times relevant hereto, Downeast 

imported and/or sold painted metal water 

bottles. 

Staff Allegations 

4. Between February 2006 and February 

2007, Downeast imported into the United 

States about 18,000 units of metal water 

bottles, marketed under the ‘‘Backyard and 

Beyond’’ brand and painted with assorted 

animal and insect graphics on the exterior 

(Model Numbers: 60442, 60448, 67402, 

67404, 67442, 67444, 67742, 67744, 67746 

and 67748 (‘‘Bottle(s)’’)). Downeast 

distributed most of the subject products to 

major retailers, gift shops, convenience 

stores, mass merchandise and drug stores 

nationwide from February 2006 through 

January 2008 and said products were then 

sold for about $8.00 per unit. 

5. The Bottles are ‘‘consumer product(s),’’ 

and, at all times relevant hereto, Downeast 

was a ‘‘manufacturer’’ of those consumer 

product(s), which were ‘‘distributed in 

commerce,’’ as those terms are defined in 

CPSA sections 3(a)(3), (5), (8), and (11), 15 

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

6. The Bottles 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 ‘‘leadcontaining 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. Downeast reported to CPSC on January 

25, 2008 that recent testing of samples of the 

Bottles by an independent laboratory had 

demonstrated that various colors of paints 

used to create the designs on the outside 

surface of the Bottles contained a total lead 

content ranging from 0.07 percent to as high 

as 59.78 percent. These levels of lead are in 

excess of the permissible 0.06 percent limit 

set forth in the Ban. 

8. On March 25, 2008, the Commission and 

Downeast announced a consumer-level recall 

of about 18,000 units of the Bottles because 

‘‘Surface paint on the metal water bottles 

contains excessive levels of lead, violating 

the Federal lead paint standard.’’ 

9. Although Downeast reported no 

incidents or injuries associated with the 

Bottles, it failed to take adequate action to 

ensure that none would bear or contain leadcontaining paint, thereby creating a risk of 

lead poisoning and adverse health effects to 

children. 

10. The Bottles 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. 

11. Between February 2006 and January 

2008, Downeast manufactured 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 Bottles, in violation of 

section 19(a)(1) of the CPSA, 15 U.S.C. 

2068(a)(1). Downeast committed these 

prohibited acts ‘‘knowingly,’’ as that term 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, Downeast is subject to civil 

penalties for the aforementioned violations. 

Downeast’s Responsive Allegations 

13. Downeast denies the Staff’s allegations 

set forth above that Downeast knowingly 

violated the CPSA. 

Agreement of the Parties 

14. Under the CPSA, the Commission has 

jurisdiction over this matter and over 

Downeast. 

15. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by 

Downeast, or a determination by the 

Commission, that Downeast has knowingly 

violated the CPSA. 

16. In settlement of the Staff’s allegations, 

Downeast shall pay a civil penalty in the 

amount of thirty thousand dollars 

($30,000.00). 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 

by check payable to the order of the United 

States Treasury. 

17. 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 


sroberts on DSKD5P82C1PROD with NOTICES