46574 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 

1State Broadband Data and Development Grant 

Program, Notice of Funds Availability and 

Solicitation of Applications, 74 FR 32545 (July 8, 

2009) (NOFA). 

2 74 FR 32550. 

20230; by telephone at (202) 482–4949 

or via electronic mail at 

broadbandmapping@ntia.doc.gov. 

Information about the State Broadband 

Data and Development Grant Program 

can also be obtained electronically via 

the Internet at http:// 

www.broadbandusa.gov/ 

broadband_mapping.htm. 

SUPPLEMENTARY INFORMATION: On July 8, 

2009, NTIA published a Notice of Funds 

Availability (NOFA) in the Federal 

Register to announce the availability of 

funds for the State Broadband Data and 

Development Grant Program pursuant to 

the authority provided in the American 

Recovery and Reinvestment Act of 2009 

(Recovery Act), Public Law 111–5, 123 

Stat. 115 (2009), and the Broadband 

Data Improvement Act (BDIA), Title I, 

Public Law 110–385, 122 Stat. 4096 

(2008).1 In the NOFA, NTIA provided 

that the period of performance for 

awards under the Program would be five 

years from the date of award.2

NTIA’s highest priority with respect 

to this Program is to facilitate the 

development and maintenance of a 

national broadband map. The Agency 

seeks to develop the map in such a way 

that encourages continually improved 

data collection efforts while maintaining 

fiscal responsibility, resulting in a map 

that meets the requirements of Congress 

and the needs of all stakeholders, 

including policymakers and consumers. 

To that end, NTIA has determined that 

it will at this time fund mapping and 

data collection efforts for two years and 

will assess lessons learned, determine 

best practices, and investigate 

opportunities for improved data 

collection prior to obligating funding for 

subsequent years. NTIA now clarifies 

that the initial period of performance for 

funds allocated to Broadband Mapping 

purposes will be two (2) years from the 

date of award and any subsequent 

funding will be subject to and 

contingent upon the agency’s review of 

program priorities and the availability of 

funds. 

NTIA will review and negotiate 

awards based on the five-year budget 

that applicants have already submitted. 

In light of this clarification, however, 

NTIA will allow an applicant to submit 

a new budget on SF 424A reflecting any 

revisions necessary for the first two 

years of the award period (2009–2010, 

2010–2011). Any revised budget must 

be submitted no later than 11:59 p.m. on 

September 15, 2009, through the online 

Grants.gov system. NTIA requests that 

Applicants also submit a courtesy copy 

to broadbandmapping@ntia.doc.gov. 

The period of performance for funds 

allocated to Broadband Planning 

purposes will remain five (5) years from 

the date of award. All other 

requirements provided in the Notice 

published on July 8, 2009, remain 

unchanged. 

Dated: September 4, 2009. 

Lawrence E. Strickling, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. E9–21797 Filed 9–9–09; 8:45 am] 

BILLING CODE 3560–60–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Global Markets Advisory Committee 

Meeting 

The Commission’s Global Markets 

Advisory Committee will conduct a 

public meeting on September 30, 2009. 

The meeting will take place in the first 

floor hearing room of the Commission’s 

Washington, DC headquarters, Three 

Lafayette Centre, 1155 21st Street NW., 

Washington, DC 20581 from 1 p.m. to 5 

p.m. There will also be a live broadcast 

of the meeting via webcast. To view the 

live webcast from a desktop PC with 

Internet access go to http:// 

www.cftc.gov. 

The purpose of the meeting is to 

discuss global markets issues related to 

the Commission’s regulatory 

responsibilities. The meeting will be 

chaired by Commissioner Jill Sommers 

who is Chairman of the Global Markets 

Advisory Committee. 

The agenda will consist of the 

following: 

• Opening Remarks from 

Commissioners/Introduction of GMAC 

Members. 

• Update on IOSCO Issues. 

• Bankruptcy Issues—CFTC/UK FSA/ 

Lehman Brothers. 

• Overview of Treasury Proposal to 

Regulate OTC Derivatives/CFTC 

Legislative Language. 

• Presentation by UK FSA on OTC 

Derivatives. 

• New Business. 

The meeting is open to the public. 

Any member of the public who wishes 

to file a written statement with the 

committee should mail a copy of the 

statement to the attention of: Global 

Markets Advisory Committee, c/o 

Commissioner Jill Sommers, Three 

Lafayette Centre, 1155 21st Street NW., 

Washington, DC 20581, before the 

meeting. Members of the public who 

wish to make oral statements should 

inform Commissioner Sommers in 

writing at the foregoing address at least 

three business days before the meeting. 

Reasonable provision will be made, if 

time permits, for oral presentations of 

no more than five minutes each in 

duration. 

For further information concerning 

this meeting, please contact Andrew 

Morton at 202–418–5030. 

Issued by the Commission in Washington, 

DC on September 4, 2009. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E9–21856 Filed 9–9–09; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0034] 

Hill Sportswear, 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 Hill 

Sportswear, Inc., containing a civil 

penalty of $100,000.00. Commissioner 

Nancy Nord issued a statement that is 

available on the Commission’s Web site, 

http://www.cpsc.gov. 

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–C0034, 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 and Renee K. 

Haslett, Trial Attorney, (same address); 

telephone (301) 504–7673. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices 46575 

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, Hill Sportswear, Inc. (‘‘Hill’’) 

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 

Safety Act, 15 U.S.C. 2051–2089 

(‘‘CPSA’’). 

3. Hill is a corporation organized and 

existing under the laws of California, 

with its principal offices located in 

Paramount, California. At all times 

relevant hereto, Hill sold apparel. 

Staff Allegations 

4. From 2003 through 2008, Hill 

manufactured, held for sale, and/or sold 

children’s hooded pullover and zipper 

sweatshirts with drawstrings at the 

neck, style numbers HK008 and HK009 

(collectively, ‘‘Sweatshirts’’). 

5. Hill sold Sweatshirts to retailers. 

6. The Sweatshirts are ‘‘consumer 

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

hereto, Hill was a ‘‘manufacturer’’ of 

those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

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

2052(a)(5), (8), and (11). 

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. In November 2008, a three-year 

old boy reportedly strangled to death 

when his Sweatshirt’s drawstring 

became stuck on a playground slide. 

11. Hill’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 February 12, 2009, the 

Commission announced Hill’s recall of 

the Sweatshirts. 

13. Hill 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). Hill 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 Hill to immediately inform the 

Commission of the defect and risk. 

14. Hill 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 Hill to civil penalties. 

Hill’s Responsive Allegations 

15. Hill denies the Staff’s allegations 

that Hill knowingly violated the CPSA 

and denies the other allegations above, 

including, but not limited to, the 

allegations that Hill had actual 

knowledge (i) that the Sweatshirts posed 

a strangulation risk; (ii) that the 

Sweatshirts presented a substantial risk 

of injury to children; and (iii) that Hill 

failed to immediately inform the 

Commission about the Sweatshirts. Hill 

further denies the Staff’s allegations that 

Hill obtained information that 

reasonably supported the conclusion 

that the Sweatshirts contained a defect 

that could create a substantial product 

hazard or an unreasonable risk of 

serious injury or death. To the contrary, 

Hill alleges that as soon as it had actual 

notice of the Commission’s guidelines, 

it promptly complied with all such 

guidelines. 

Agreement of the Parties 

16. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Hill. 

17. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Hill, or a determination by 

the Commission, that Hill knowingly 

violated the CPSA. 

18. In settlement of the Staff’s 

allegations, 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. 

19. 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. 

20. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Hill 

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 


erowe on DSK5CLS3C1PROD with NOTICES
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 


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