Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Notices 33177 

comments to the Committee at any time 

before or after the meeting. Parties 

wishing to submit written comments for 

consideration by the Committee in 

advance of a meeting must send them to 

NTIA’s Washington, DC office at the 

above-listed address and comments 

must be received five (5) business days 

before the scheduled meeting date, to 

provide sufficient time for review. 

Comments received after this date will 

be distributed to the Committee, but 

may not be reviewed prior to the 

meeting. It would be helpful if paper 

submissions also include a compact disc 

(CD) in Word or PDF format. CDs should 

be labeled with the name and 

organizational affiliation of the filer. 

Alternatively, comments may be 

submitted electronically to 

BWashington@ntia.doc.gov. Comments 

provided via electronic mail also may be 

submitted in one or more of the formats 

specified above. 

Records: NTIA maintains records of 

all Committee proceedings. Committee 

records are available for public 

inspection at NTIA’s Washington, DC 

office at the address above. Documents 

including the Committee’s charter, 

member list, agendas, minutes, and any 

reports are available on NTIA’s 

Committee Web page at http://

www.ntia.doc.gov/category/csmac. 

Dated: June 5, 2014. 

Kathy D. Smith, 

Chief Counsel, National Telecommunications 

and Information Administration. 

[FR Doc. 2014–13501 Filed 6–9–14; 8:45 am] 

BILLING CODE 3510–60–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 14–C0002] 

Cinmar, LLC, 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 Cinmar, 

LLC, containing a civil penalty of 

$3,100,000.00, 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 June 25, 

2014. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 14–C0002 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: June 5, 2014. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with the Consumer 

Product Safety Act (CPSA), 15 U.S.C. 

2051–2089 and 16 CFR 1118.20, 

Cinmar, LLC (Cinmar), and the U.S. 

Consumer Product Safety Commission 

(Commission), through its staff (staff), 

hereby enter into this Settlement 

Agreement (Agreement). The Agreement 

and the incorporated attached Order 

(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. By executing 

the Agreement, 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. Cinmar (d/b/a Frontgate) is a 

limited liability company, organized 

and existing under the laws of the state 

of Delaware, with its principal corporate 

office located at 5566 West Chester 

Road, West Chester, OH 45069. Cinmar 

is a retailer of home furnishings and 

decorative household items. 

Staff Charges 

4. Between November 2005 and July 

2010, Cinmar sold approximately 38,000 

Frontgate foldaway closet two- and 

three-step ladders made of mahogany 

wood and designed for use in walk-in 

closets (Subject Products, or Ladders). 

Cinmar sold the Ladders to consumers 

nationwide for between $89.95 and 

$149.50. 

5. The Ladders are ‘‘consumer 

products,’’ and at all relevant times, 

Cinmar was a ‘‘retailer’’ of these 

consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined or used in sections 

3(a)(5), (7) and (13), of the CPSA, 15 

U.S.C. 2052(a)(5), (7) and (13). 

6. The Ladders are defective because 

the steps can break unexpectedly, 

posing a fall hazard to consumers. 

7. CPSC staff charges that Cinmar 

received notice of the defect shortly 

after Ladder sales began in November 

2005. Between 2005 and 2010, Cinmar 

received hundreds of reports of step 

breakage during first and early use, 

including reports of injuries to 

consumers. During that same time, 

Cinmar implemented design changes to 

eliminate the hazard posed by the 

Subject Products. Throughout this 

period, Cinmar also paid out claims 

filed by consumers who reported that 

they had been injured when the Ladders 

broke during use. 

8. CPSC staff charges that (i) by 

September 28, 2007, Cinmar had 

sufficient information that reasonably 

supported the conclusion that the 

Ladders contained a defect that could 

create a substantial product hazard or 

created an unreasonable risk of serious 

injury or death and (ii) that Cinmar 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). 

By that date, Cinmar had received more 

than 600 Ladder returns due to breakage 

and had been notified of at least one 

personal injury lawsuit filed by a 

consumer alleging injury from a broken 

Ladder. 

9. CPSC staff charges that, when 

consumers contacted Cinmar regarding 

their broken Ladders, Cinmar routinely 

provided the consumers with 

replacement Ladders which Cinmar 

knew were just as likely to break. 

10. Despite having information 

regarding the Ladders’ defect or risk, 

Cinmar failed to inform the Commission 

immediately, as required by sections 

15(b)(3) and (4) of the CPSA, 15 U.S.C. 

2064(b)(3) and (4). 

11. Cinmar did not file its Full Report 

with the Commission until July 29, 

2010. By that time, more than 1,200 

consumers had returned their Ladders 

to Cinmar, most citing breakage, and 

others citing cosmetic problems. Also by 

that time, Cinmar had received notice of 

at least two dozen injuries, one of which 

required surgery and another 

necessitated hospitalization. 


emcdonald on DSK67QTVN1PROD with NOTICES
33178 Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Notices 

12. In failing to inform the 

Commission about the Subject Products 

immediately, Cinmar 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, Cinmar is subject 

to civil penalties for its knowing failure 

to report, as required by section 15(b) of 

the CPSA, 15 U.S.C. 2064(b). 

Cinmar’s Response 

14. Cinmar neither admits nor denies 

the charges set forth in paragraphs 4 

through 13, including, but not limited 

to, the charge that the Ladders 

contained a defect which could create a 

substantial product hazard or created an 

unreasonable risk of serious injury or 

death, and the contention that Cinmar 

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 Ladders described herein 

and over Cinmar. 

16. In settlement of staff’s charges, 

and to avoid the cost, distraction, delay, 

uncertainty, and inconvenience of 

protracted litigation or other 

proceedings, Cinmar shall pay a civil 

penalty in the amount of three million 

one hundred thousand dollars 

($3,100,000.00), which shall be due and 

payable within twenty (20) calendar 

days after receiving service of the 

Commission’s final Order accepting the 

Agreement. All payments to be made 

under the Agreement shall constitute 

debts owing to the United States and 

shall be made by electronic wire transfer 

to the United States via: http://

www.pay.gov. 

17. The parties agree that this 

settlement figure is predicated, among 

other things, upon the accuracy of oral 

and written representations of, and 

statements by, Cinmar and Cinmar’s 

representatives (including 

representations and warranties set forth 

in the Agreement). 

18. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Cinmar or a determination 

by the Commission that Cinmar violated 

the CPSA. 

19. Following staff’s receipt of the 

Agreement executed on behalf of 

Cinmar, 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, within fifteen (15) 

calendar days, the Commission does not 

receive any written request not to accept 

the Agreement, the Agreement shall be 

deemed finally accepted on the 

sixteenth (16th) calendar day after the 

date the Agreement is published in the 

Federal Register, in accordance with 16 

CFR 1118.20(f). 

20. The Agreement is conditioned 

upon, and subject to, the Commission’s 

final acceptance, as set forth above, and 

is subject to the provisions of 16 CFR 

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

Commission’s final acceptance of the 

Agreement and service of the accepted 

Agreement upon Cinmar, and (ii) the 

date of issuance of the final Order, the 

Agreement shall be in full force and 

effect and shall be binding upon the 

parties. 

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

Commission’s final acceptance of the 

Agreement and service of the accepted 

Agreement upon Cinmar, and (ii) the 

date of issuance of the final Order, for 

good and valuable consideration, 

Cinmar 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 the Agreement: (a) 

An administrative or judicial hearing; 

(b) judicial review or other challenge or 

contest of the validity of the Order or of 

the Commission’s actions; (c) a 

determination by the Commission of 

whether Cinmar 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. 

22. Cinmar shall implement and 

maintain a formal compliance program 

designed to ensure compliance with the 

statutes and regulations enforced by the 

Commission that, at a minimum, 

contains the following elements: (i) 

Written standards and policies; (ii) 

procedures for reviewing claims and 

reports for safety concerns and for 

implementing corrective and preventive 

actions when compliance deficiencies 

or violations are identified (including 

procedures to prevent defective 

products from being introduced into 

commerce); (iii) 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; (iv) 

effective communication of company 

compliance-related policies and 

procedures to all employees, through 

training programs, or otherwise; (v) 

senior manager responsibility for 

compliance and accountability for 

violations of the statutes and regulations 

enforced by the Commission; (vi) 

oversight of compliance by Cinmar’s 

governing body; and (vii) retention of all 

compliance-related records for at least 

five (5) years, and availability of such 

records to staff upon request. 

23. Cinmar shall maintain and enforce 

a system of internal controls and 

procedures designed to ensure that: (i) 

Information required to be disclosed by 

Cinmar 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 

Cinmar 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 

Cinmar’s ability to record, process, and 

report to the Commission in accordance 

with applicable law. 

24. Upon request of staff, Cinmar shall 

provide written documentation of such 

improvements, processes, and controls, 

including, but not limited to, the 

effective dates of such improvements, 

processes, and controls. Cinmar shall 

cooperate fully and truthfully with staff 

and shall make available all 

information, materials, and personnel 

deemed necessary by staff to evaluate 

Cinmar’s compliance with the terms of 

the Agreement. 

25. The parties acknowledge and 

agree that the Commission may make 

public disclosure of the terms of the 

Agreement and the Order. 

26. Cinmar represents that the 

Agreement: (i) Is entered into freely and 

voluntarily, without any degree of 

duress or compulsion whatsoever; (ii) 

has been duly authorized; and (iii) 

constitutes the valid and binding 

obligation of Cinmar, and each of its 

successors and/or assigns, enforceable 

against Cinmar in accordance with the 

Agreement’s terms. The individuals 

signing the Agreement on behalf of 

Cinmar represent and warrant that they 

are duly authorized by Cinmar to 

execute the Agreement. 

27. The Commission signatories 

represent that they are signing the 

Agreement in their official capacities 

and that they are authorized to execute 

the Agreement. 

28. The Agreement is governed by the 

laws of the United States. 

29. The Agreement and the Order 

shall apply to, and be binding upon, 


emcdonald on DSK67QTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 111 / Tuesday, June 10, 2014 / Notices 33179 

Cinmar and each of its subsidiaries, 

successors, transferees, and assigns, and 

a violation of the Agreement or Order 

may subject Cinmar and each of its 

successors, transferees, and assigns to 

appropriate legal action. 

30. The Agreement and the Order 

constitute the complete agreement 

between the parties on the subject 

matter contained herein and therein. 

31. 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 therefore, shall not be 

construed against any party for that 

reason in any subsequent dispute. 

32. The Agreement shall 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. 

33. 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 Cinmar 

agree that severing the provision 

materially affects the purpose of the 

Agreement and Order. 

CINMAR, LLC 

Dated: 5/27/2014 

By: llllllllllllllll

H.R. Harvey, 

President, Cinmar, LLC, 5566 West 

Chester Road, West Chester, OH 

45069. 

Dated: 5/28/2014 

By: llllllllllllllll

Ivan J. Wasserman 

Manatt, Phelps & Phillips, LLP, 700 12th 

Street NW., Suite 1100, Washington, 

DC 20005, Counsel for Cinmar, LLC. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Stephanie Tsacoumis 

General Counsel. 

Mary B. Murphy 

Assistant General Counsel. 

Dated: 5/28/2014 

By: llllllllllllllll

Kelly Moore, 

Trial Attorney, Division of Compliance, 

Attorney. 

Order 

Upon consideration of the Settlement 

Agreement entered into between 

Cinmar, LLC (Cinmar), and the U.S. 

Consumer Product Safety Commission 

(Commission), and the Commission 

having jurisdiction over the subject 

matter and over Cinmar, 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 Cinmar 

shall comply with the terms of the 

Settlement Agreement and shall pay a 

civil penalty of $3,100,000.00, within 

twenty (20) calendar days after receiving 

service of the Commission’s final Order 

accepting the Settlement Agreement. 

Upon failure of Cinmar to make the 

foregoing payment when due, interest 

on the unpaid amount shall accrue and 

be paid by Cinmar at the federal legal 

rate of interst set forth at 28 U.S.C. 

1961(a) and (b). If Cinmar fails to make 

such a 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 5th day of June, 2014. 

By Order of the Commission. 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2014–13483 Filed 6–9–14; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Response Systems To Adult Sexual 

Assault Crimes Panel; Notice of 

Federal Advisory Committee Meeting 

AGENCY: Department of Defense. 

ACTION: Notice of meeting. 

SUMMARY: On May 28, 2014, the 

Department of Defense published a 

notice titled Response Systems to Adult 

Sexual Assault Crimes Panel; Notice of 

Federal Advisory Committee Meeting 

(79 FR 30566–30567). Subsequent to the 

publication of that notice, the location 

of the meeting changed. This notice 

amends the location. 

DATES: A meeting of the Response 

Systems to Adult Sexual Assault Crimes 

Panel (‘‘the Panel’’) will be held June 16, 

2014 from 9:00 a.m. to 5:00 p.m. 

ADDRESSES: U.S. District Court for the 

Southern District of New York, Marshall 

Courthouse, Courtroom 506, 40 Centre 

Street (40 Foley Square), New York, NY 

10007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Shannon Green, Response Systems 

Panel, One Liberty Center, 875 N. 

Randolph Street, Suite 150, Arlington, 

VA 22203. Email: 

Shannon.l.green8.civ@mail.mil. Phone: 

(703) 693–3837. Web site: http://

responsesystemspanel.whs.mil. 

SUPPLEMENTARY INFORMATION: Due to a 

change in the location of the scheduled 

meeting on June 16, 2014, of the 

Response Systems Adult Sexual Assault 

Crimes Panel, the requirements of 41 

CFR 102–3.150(a) were not met. 

Accordingly, the Advisory Committee 

Management Officer for the Department 

of Defense, pursuant to 41 CFR 102– 

3.150(b), waives the 15-calendar day 

notification requirement. 

The location of the June 16, 2014 

meeting is revised to read as set forth in 

the ADDRESSES section. All other 

information in the Federal Register 

notice of May 28, 2014 (79 FR 30566– 

30567) remains the same. 

Dated: June 4, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–13430 Filed 6–9–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Extension of Public Comment Period 

for the Draft Supplemental 

Environmental Impact Statement for 

the Guam and Commonwealth of the 

Northern Mariana Islands Military 

Relocation (2012 Roadmap 

Adjustments) 

AGENCY: Department of the Navy, DOD. 

ACTION: Notice. 

SUMMARY: On April 18, 2014, the 

Department of Navy (DoN) published a 

Notice of Availability and Notice of 

Public Meetings, including a request for 

public comments, on the Draft 

Supplemental Environmental Impact 

Statement (SEIS) for the Guam and 

Commonwealth of the Northern Mariana 

Islands Military Relocation (2012 

Adjustment)(79 FR 21907, April 18, 

2014). The purpose of this notice is to 

announce an extension of the 60-day 

public comment period. The public 

comment period will be extended by 15 

days to end on July 1, 2014 Eastern 

Daylight Time (E.D.T.) [July 2, 2014, 

Chamorro Standard Time (ChST)]. 

DATES: The extended 75-day public 

comment period for the Draft SEIS 

began on April 18, 2014, EDT [April 19, 

2014, ChST) with the publication of the 


emcdonald on DSK67QTVN1PROD with NOTICES