46576 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

contest of the validity of the Order or of 

the Commission’s actions; (3) a 

determination by the Commission of 

whether Hill 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 the 

Order. 

22. The Agreement and the Order 

shall apply to, and be binding upon, 

Hill 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 Hill 

and each of its successors and assigns 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 the 

Order may not be used to vary or 

contradict their terms. 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. 

25. If any provision of the Agreement 

and 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 Hill agree 

that severing the provision materially 

affects the purpose of the Agreement 

and the Order. 

Hill Sportswear, Inc. 

Dated: August 6, 2009. 

By: lllllllllllllllllll

Young Min Park, President, 

Hill Sportswear, Inc., 

16250 Gundry Avenue, 

Paramount, CA 90723. 

Dated: August 10, 2009. 

By: lllllllllllllllllll

Michael D. McCaffrey, Esq., 

Law Offices of Michael D. McCaffrey, 

2030 Main Street, Suite 1200, 

Irvine, CA 92614–7256, 

Counsel for Hill Sportswear, Inc. 

U.S. Consumer Product Safety Commission 

Staff 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: August 12, 2009. 

By: lllllllllllllllllll

Seth B. Popkin, 

Lead Trial Attorney, 

Renee K. Haslett, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Hill 

Sportswear, Inc. (‘‘Hill’’) and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Hill, and it 

appearing that the Settlement 

Agreement and the Order are in the 

public interest, it is 

Ordered, that the Settlement 

Agreement be, and hereby is, accepted; 

and it is 

Further ordered, that Hill shall pay a 

civil penalty in the amount of one 

hundred thousand dollars 

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

paid in four (4) installments as follows: 

$25,000.00 shall be paid within twenty 

(20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement; $25,000.00 shall be paid 

within one hundred twenty (120) 

calendar days of service of the 

Commission’s final Order accepting the 

Agreement; $25,000.00 shall be paid 

within two hundred forty (240) calendar 

days of service of the Commission’s 

final Order accepting the Agreement; 

and $25,000.00 shall be paid within 

three hundred sixty-five (365) calendar 

days 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 Hill to 

make any of the foregoing payments 

when due, the total amount of the civil 

penalty shall become immediately due 

and payable, and interest on the unpaid 

amount shall accrue and be paid by Hill 

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 3rd day of September 

2009. 

By Order of the Commission: 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–21763 Filed 9–9–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0033] 

Kohl’s Department Stores, 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 Kohl’s 

Department Stores, Inc., containing a 

civil penalty of $425,000.00. 

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 September 

25, 2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0033, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: Seth 

B. Popkin, Lead Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7612. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: September 3, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Kohl’s Department Stores, Inc. 

(‘‘Kohl’s’’) and the staff (‘‘Staff’’) of the 

United States Consumer Product Safety 

Commission (‘‘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 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 46577 

Safety Act, 15 U.S.C. 2051—2089 

(‘‘CPSA’’). 

3. Kohl’s is a corporation organized 

and existing under the laws of 

Delaware, with its principal offices 

located in Menomonee Falls, Wisconsin. 

At all times relevant hereto, Kohl’s sold 

apparel, accessories, and other products. 

Staff Allegations 

4. From January to February, 2009, 

Kohl’s held for sale and/or sold Seattle 

Cotton Works hooded sweatshirts with 

drawstrings at the neck (‘‘Sweatshirts’’). 

5. Kohl’s sold Sweatshirts to 

consumers. 

6. The Sweatshirts are ‘‘consumer 

product[s],’’ and, at all times relevant 

hereto, Kohl’s was a ‘‘retailer’’ of those 

consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

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

2052(a)(5), (8), and (13). 

7. In February 1996, the Staff issued 

the Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(‘‘Guidelines’’) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, the Staff recommends that 

there be no hood and neck drawstrings 

in children’s upper outerwear sized 2T 

to 12. 

8. In June 1997, ASTM adopted a 

voluntary standard, ASTM F1816–97, 

that incorporated the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards and should be sure 

garments they sell conform to the 

voluntary standard. 

9. On May 19, 2006, the Commission 

posted on its Web site a letter from the 

Commission’s Director of the Office of 

Compliance to manufacturers, 

importers, and retailers of children’s 

upper outerwear. The letter urges them 

to make certain that all children’s upper 

outerwear sold in the United States 

complies with ASTM F1816–97. The 

letter states that the Staff considers 

children’s upper outerwear with 

drawstrings at the hood or neck area to 

be defective and to present a substantial 

risk of injury to young children under 

Federal Hazardous Substances Act 

(‘‘FHSA’’) section 15(c), 15 U.S.C. 

1274(c). The letter also notes the CPSA’s 

section 15(b) reporting requirements. 

10. Kohl’s informed the Commission 

that there had been no incidents or 

injuries associated with the Sweatshirts. 

11. Kohl’s distribution in commerce 

of the Sweatshirts did not meet the 

Guidelines or ASTM F1816–97, failed to 

comport with the Staff’s May 2006 

defect notice, and posed a strangulation 

hazard to children. 

12. On March 12, 2009, the 

Commission, in cooperation with the 

Sweatshirts’ distributor, announced a 

recall of the Sweatshirts, informing 

consumers that they should 

immediately remove the drawstrings 

from the Sweatshirts to eliminate the 

hazard, or call the manufacturer to 

arrange for a full refund. 

13. Kohl’s had presumed and actual 

knowledge that the Sweatshirts 

distributed in commerce posed a 

strangulation hazard and presented a 

substantial risk of injury to children 

under FHSA section 15(c)(1), 15 U.S.C. 

1274(c)(1). Kohl’s had obtained 

information that reasonably supported 

the conclusion that the Sweatshirts 

contained a defect that could create a 

substantial product hazard or that they 

created an unreasonable risk of serious 

injury or death. CPSA sections 15(b)(3) 

and (4), 15 U.S.C. 2064(b)(3) and (4), 

required Kohl’s to immediately inform 

the Commission of the defect and risk. 

14. Kohl’s knowingly failed to 

immediately inform the Commission 

about the Sweatshirts as required by 

CPSA sections 15(b)(3) and (4), 15 

U.S.C. 2064(b)(3) and (4), and as the 

term ‘‘knowingly’’ is defined in CPSA 

section 20(d), 15 U.S.C. 2069(d). This 

failure violated CPSA section 19(a)(4), 

15 U.S.C. 2068(a)(4). Pursuant to CPSA 

section 20, 15 U.S.C. 2069, this failure 

subjected Kohl’s to civil penalties. 

Kohl’s Responsive Allegations 

15. Kohl’s denies the Staff’s 

allegations above, including, but not 

limited to, the allegations that Kohl’s 

failed to timely notify the Commission 

about the Sweatshirts as required by 

CPSA sections 15(b)(3) and (4). Kohl’s 

denies that it otherwise violated the 

CPSA or FHSA. 

16. In order to supply products to 

Kohl’s, vendors are required to 

represent and warrant to Kohl’s that all 

merchandise delivered to Kohl’s will 

comply with all existing laws, 

regulations, standards, orders, and 

rulings, including, but not limited to, 

the CPSA and the FHSA. 

17. After confirming that the 

Sweatshirts contained drawstrings, 

Kohl’s immediately (i) sent notice to all 

Kohl’s stores to pull the Sweatshirts 

from the shelves, (ii) had the 

Sweatshirts pulled from the Kohls.com 

Web site, and (iii) took additional steps 

to prevent further sales of the 

Sweatshirts. 

18. Kohl’s timely notified the 

Commission of the Sweatshirts pursuant 

to section 15 of the CPSA. 

19. Kohl’s fully cooperated with the 

Commission and the Sweatshirts’ 

distributor in providing information 

necessary for the Commission to 

determine, with the Sweatshirts’ 

distributor, whether a recall was 

warranted. 

20. Kohl’s implemented the recall 

announced by the Commission and the 

Sweatshirts’ distributor. 

21. Kohl’s has entered into the 

Agreement to avoid incurring additional 

expenses and the distraction of 

litigation. The Agreement and Order do 

not constitute and are not evidence of 

any fault or wrongdoing by Kohl’s. 

Agreement of the Parties 

22. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Kohl’s. 

23. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Kohl’s, or a determination 

by the Commission, that Kohl’s 

knowingly violated the CPSA. 

24. In settlement of the Staff’s 

allegations, Kohl’s shall pay a civil 

penalty in the amount of four hundred 

twenty-five thousand dollars 

($425,000.00) within twenty (20) 

calendar days of service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be by 

check payable to the order of the United 

States Treasury. 

25. Upon issuance of, and Kohl’s 

compliance with, the final Order, the 

Commission regards this matter as 

resolved and agrees not to bring a civil 

penalty action against Kohl’s based 

upon the Staff’s allegations contained 

herein regarding the Sweatshirts. 

26. Upon 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 

Agreement within fifteen (15) calendar 

days, the Agreement shall be deemed 

finally accepted on the sixteenth (16th) 

calendar day after the date it is 

published in the Federal Register. 

27. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Kohl’s 

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 Order or of 

the Commission’s actions; (3) a 

determination by the Commission of 


erowe on DSK5CLS3C1PROD with NOTICES
46578 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

whether Kohl’s 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. 

28. The Commission may publicize 

the terms of the Agreement and the 

Order. 

29. The Agreement and the Order 

shall apply to, and be binding upon, 

Kohl’s and each of its successors and 

assigns. 

30. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject 

Kohl’s and each of its successors and 

assigns to appropriate legal action. 

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. 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. 

32. If any provision of the Agreement 

and 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 Kohl’s agree 

that severing the provision materially 

affects the purpose of the Agreement 

and the Order. 

Kohl’s Department Stores, Inc. 

Dated: July 29, 2009. 

Jeff Manby, 

Executive VP, GMM—Men’s/YMen’s/ 

Children’s, Kohl’s Department Stores, Inc., 

N56 W17000 Ridgewood Drive, Menomonee 

Falls, WI 53051. 

Dated: August 3, 2009. 

Paul Izzo, Esq., 

One Post Office Square, Sharon, MA 02067. 

Counsel for Kohl’s Department Stores, Inc. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: August 11, 2009. 

Seth B. Popkin, 

Lead Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Kohl’s 

Department Stores, Inc. (‘‘Kohl’s’’) and 

the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over Kohl’s, 

and it appearing that the Settlement 

Agreement and the Order are in the 

public interest, it is 

Ordered, that the Settlement 

Agreement be, and hereby is, accepted; 

and it is 

Further Ordered, that Kohl’s shall pay 

a civil penalty in the amount of four 

hundred twenty-five thousand dollars 

($425,000.00) 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. Upon the failure 

of Kohl’s to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Kohl’s 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 2nd day 

of September, 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–21764 Filed 9–9–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Uniform Formulary Beneficiary 

Advisory Panel Meeting 

AGENCY: Department of Defense, 

Assistant Secretary of Defense (Health 

Affairs). 

ACTION: Notice of meeting. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

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

and the Government in the Sunshine 

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

the Department of Defense announces 

that the Uniform Formulary Beneficiary 

Advisory Panel (hereafter referred to as 

the Panel) will meet to review and 

comment on recommendations made to 

the Director, TRICARE Management 

Activity, by the Pharmacy and 

Therapeutics Committee regarding the 

Uniform Formulary. 

Due to scheduling difficulties the 

Uniform Formulary Beneficiary 

Advisory Panel was unable to finalize 

its agenda in time to publish notice of 

its meeting in the Federal Register for 

the 15 calendar days required by 41 CFR 

102–3.150(a). Accordingly, the 

Committee Management Officer for the 

Department of Defense, pursuant to 41 

CFR 102–3.150(b), waives the 15 

calendar-day notification requirement. 

DATES: The meeting will be held 

September 24, 2009, from 8 a.m. to 5 

p.m. and is open to the public, but 

seating is limited. The panel will also 

conduct an Administrative Work 

Meeting from 7 a.m. to 8 a.m. that is 

closed to the public. 

ADDRESSES: The meetings will be held at 

the Naval Heritage Center Theater, 701 

Pennsylvania Avenue, NW., 

Washington, DC 20004. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Colonel Thomas Bacon, 

Designated Federal Officer, Uniform 

Formulary Beneficiary Advisory Panel, 

Skyline 5, Suite 810, 5111 Leesburg 

Pike, Falls Church, VA 22041–3206; 

(703) 681–2890 (phone), (703) 681–1940 

(fax), e-mail: Baprequests@tma.osd.mil. 

SUPPLEMENTARY INFORMATION: 

Meeting Accessibility 

Pursuant to 5 U.S.C. 552b, as 

amended, and 41 CFR 102–3.140 

through 102–3.165, and the availability 

of space this meeting is open to the 

public. Seating is limited and will be 

provided only to the first 220 people 

signing in. All persons must sign in 

legibly. 

Meeting Agenda 

Sign-In; Welcome and Opening 

Remarks; Public Citizen Comments; 

Scheduled Therapeutic Class Reviews— 

Phosphodiesterase-5 Inhibitors and New 

Drugs in Previously Reviewed Classes; 

Drugs recommended for non-formulary 

placement due to non-compliance with 

2008 NDAA Section 703; Panel 

Discussions and Vote, and comments 

following each therapeutic class review. 

Administrative Work Meeting 

Prior to the public meeting the Panel 

will conduct an Administrative Work 

Meeting from 7 a.m. to 8 a.m. to discuss 

administrative matters of the Panel. 

Pursuant to 41 CFR 102–3.160, the 

Administrative Work Meeting will be 

closed to the public. 

Written Statements 

Pursuant to 41 CFR 102–3.105(j) and 

102–3.140, the public or interested 

organizations may submit written 

statements to the membership of the 

Panel at any time or in response to the 

stated agenda of a planned meeting. 


erowe on DSK5CLS3C1PROD with NOTICES