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. 


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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 46579 

Written statements should be submitted 

to the Panel’s Designated Federal 

Officer; the Designated Federal Officer’s 

contact information can be obtained 

from the General Services 

Administration’s Federal Advisory 

Committee Act Database at https:// 

www.fido.gov/facadatabase/public.asp. 

Written statements that do not pertain 

to the scheduled meeting of the Panel 

may be submitted at any time. However, 

if individual comments pertain to a 

specific topic being discussed at a 

planned meeting then these statements 

must be submitted no later than five 

business days prior to the meeting in 

question. The Designated Federal 

Officer will review all submitted written 

statements and provide copies to all the 

committee members. 

Public Comments 

In addition to written statements, the 

Panel will set aside 1 hour for 

individual or interested groups to 

address the Panel. To ensure 

consideration of their comments, 

individuals and interested groups 

should submit written statements as 

outlined in this notice, but if they still 

want to address the Panel then they will 

be afforded the opportunity to register to 

address the Panel. The Panel’s 

Designated Federal Officer will have a 

‘‘Sign Up Roster’’ available at the Panel 

meeting, for registration on a first-come, 

first-serve basis. Those wishing to 

address the Panel will be given no more 

than 5 minutes to present their 

comments, and at the end of the 1-hour 

time period no further public comments 

will be accepted. Anyone who signs up 

to address the Panel but is unable to do 

so due to the time limitation may 

submit their comments in writing; 

however, they must understand that 

their written comments may not be 

reviewed prior to the Panel’s 

deliberation. Accordingly, the Panel 

recommends that individuals and 

interested groups consider submitting 

written statements instead of addressing 

the Panel. 

Dated: September 3, 2009. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. E9–21744 Filed 9–9–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Federal Advisory Committee; Defense 

Health Board (DHB) Meeting 

AGENCY: Department of Defense (DoD). 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act of 1972 (5 

U.S.C., Appendix as amended), the 

Sunshine in the Government Act of 

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

41 CFR 102–3.150, and in accordance 

with section 10(a)(2) of Public Law, DoD 

announces that the DoD Task Force on 

the Prevention of Suicide by Members 

of the Armed Forces, a subcommittee of 

the Defense Health Board (DHB), will 

meet on October 8, 2009. 

DATES: The meeting will be held on 

October 8, 2009, from 8 a.m. to 5 p.m. 

Subject to the availability of space, the 

meeting is open to the public from 9 

a.m. to 12 p.m. and from 1 to 4 p.m. The 

meeting is closed to the public from 8 

to 9 a.m., 12 to 1 p.m., and 4 to 5 p.m. 

for administrative working meetings. 

Registration: 

The public is encouraged to register 

for the meeting. 

Special Accommodations: 

If special accommodations are 

required to attend (sign language, 

wheelchair accessibility) please contact 

Ms. Lisa Jarrett at (703) 681–8448 ext. 

1280 by September 23, 2009. 

ADDRESSES: The meeting will be held at 

the Hilton Hotel San Diego Resort & 

Spa, 1775 E Mission Bay Dr., San Diego, 

CA 92109. 

Written statements may be mailed to 

the address under FOR FURTHER

INFORMATION CONTACT, e-mailed to 

dhb@ha.osd.mil, or faxed to (703) 681– 

3317. 

Additional information, agenda 

updates, and meeting registration are 

available online at the Defense Health 

Board Web site, http://www.ha.osd.mil/ 

dhb. 

FOR FURTHER INFORMATION CONTACT: 

Commander Edmond F. Feeks, 

Executive Secretary, Defense Health 

Board, Five Skyline Place, 5111 

Leesburg Pike, Suite 810, Falls Church, 

Virginia 22041–3206, (703) 681–8448, 

ext. 1228 (phone), (703) 681–3317 (fax), 

or e-mail: edmond.feeks@tma.osd.mil. 

SUPPLEMENTARY INFORMATION: 

Agenda 

The DoD Task Force on the 

Prevention of Suicide by Members of 

the Armed Forces will meet to receive 

briefings on current efforts toward the 

prevention of suicide among Service 

members of the Armed Services. The 

Task Force will receive briefings on the 

DoD Suicide Event Report, Suicide 

Prevention and Risk Reduction 

Committee, the Defense Centers of 

Excellence, and the Mental Health 

Advisory Team. The Task Force will 

also participate in a panel discussion as 

well as discussions with families. 

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

amended, and 41 CFR 102–3.140 

through 102–3.165 and subject 

availability of space, the October 8, 

2009, Defense Health Board meeting is 

open to the public from 9 a.m. to 12 

p.m. and from 1 to 4 p.m. As follows, 

the meeting is closed to the public from 

8 to 9 a.m., 12 to 1 p.m., and 4 to 5 p.m. 

8 a.m.–9 a.m. (Closed Session: 

Administrative Working Meeting); 

9 a.m.–12 p.m. (Open Session); 

12 p.m.–1 p.m. (Closed Session: 

Administrative Working Meeting); 

1 p.m.–4 p.m. (Open Session); 

4 p.m.–5 p.m. (Closed Session: 

Administrative Working Meeting). 

Written Statements 

Anyone wishing to provide input to 

the Task Force on the Prevention of 

Suicide by Members of the Armed 

Forces should submit a written 

statement in accordance with 41 CFR 

102–3.140(C) and section 10(a)(3) of the 

Federal Advisory Committee Act, and 

the procedures described in this notice. 

Written statements should be no longer 

than two type-written pages and must 

address the following detail: The issue, 

discussion, and a recommended course 

of action. Supporting documentation 

may also be included as needed to 

establish the appropriate historical 

context and to provide any necessary 

background information. 

Individuals desiring to submit a 

written statement may do so through the 

Board’s Designated Federal Officer 

(DFO) at any point (see FOR FURTHER

INFORMATION CONTACT). If the written 

statement is not received at least 10 

calendar days prior to the meeting, then 

it may not be provided to for 

consideration by the Task Force on the 

Prevention of Suicide by Members of 

the Armed Forces until the next open 

meeting. 

The DFO will review all timely 

submissions with the Task Force on the 

Prevention of Suicide by Members of 

the Armed Forces Chairperson, and 

ensure they are provided to members of 

the Task Force before the meeting that 

is subject to this DFO Federal Officer 

may choose to invite the submitter of 

the comments to orally present their 

issue during an open portion of this 

meeting or at a future meeting. 

The DFO, in consultation with the 

Task Force on the Prevention of Suicide 

by Members of the Armed Forces 

Chairperson, may, if desired, allot a 

specific amount of time for members of 

the public to present their issues for 

review and discussion by the Task Force 


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