Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 47783 

K.S. Trading and each of its successors 

and assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject those 

referenced in paragraph 21 above to 

appropriate legal action. 

23. 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. 

24. 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 K.S. 

Trading agree that severing the 

provision materially affects the purpose 

of the Agreement and the Order. 

K.S. Trading Corporation 

Dated: July 14, 2009. 

Shin Auk Kang, 

President and Chief Executive Officer, K.S. 

Trading Corporation, 

75 Knickerbocker Road, Moonachie, NJ 

07074. 

Dated: July 20, 2009. 

Jay R. McDaniel, Esquire, 

Counsel for Respondent K.S. Trading 

Corporation, McDaniel & Chusid, LLP, 

54 Main Street, Hackensack, NJ 07601–7007. 

U.S. Consumer Product Safety Commission. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: July 21, 2009. 

Dennis C. Kacoyanis, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between K.S. 

Trading Corporation (‘‘K.S. Trading’’) 

and the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over K.S. 

Trading, 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 K.S. Trading 

shall pay a civil penalty in the amount 

of thirty-five thousand dollars 

($35,000.00) 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. Upon the failure of K.S. 

Trading to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by K.S. 

Trading 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 4th day of September 

2009. 

By order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–22398 Filed 9–16–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0035] 

Maran, 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 Maran, Inc., 

containing a civil penalty of $50,000.00. 

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 October 2, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to 

Comment 09–C0035, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Dennis C. Kacoyanis, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East-West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7587. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: September 14, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Maran, Inc. (‘‘Maran’’) 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. Maran is a corporation organized 

and existing under the laws of the State 

of Delaware, with its principal offices 

located in North Bergen, NJ. Maran is an 

importer of apparel. 

Staff Allegations 

4. Maran imported about 6,000 girls’ 

corduroy jackets with pink hoods and 

drawstrings (‘‘Drawstring Jackets’’). 

From April 30, 2006 to May 25, 2006, 

Maran imported the Drawstring Jackets 

and sold them from January 27, 2007 to 

January 29, 2009 to a major nationwide 

retailer who in turn sold them to 

consumers. 

5. The Drawstring Jackets are 

‘‘consumer product[s],’’ and, at all times 

relevant hereto, Maran 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). 

6. 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. 

7. In June 1997, ASTM adopted a 

voluntary standard, ASTM F1816–97, 

which incorporated the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards and should be sure 


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47784 Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 

garments they sell conform to the 

voluntary standard. 

8. 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. 

9. Maran reported to the Commission 

there had been no incidents or injuries 

involving Drawstring Jackets. 

10. Maran’s manufacture and 

distribution in commerce of the 

Drawstring Jackets 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. 

11. On May 15, 2008, the Commission 

and Maran announced a recall of the 

Drawstring Jackets. The recall informed 

consumers that they should 

immediately remove the drawstrings to 

eliminate the hazard. 

12. Maran had presumed and actual 

knowledge that the Drawstring Jackets 

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). Maran had obtained 

information that reasonably supported 

the conclusion that the Drawstring 

Jackets 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 Maran to immediately 

inform the Commission of the defect 

and risk. 

13. Maran knowingly failed to 

immediately inform the Commission 

about the Drawstring Jackets 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 Maran to civil penalties. 

Maran’s Response 

14. Maran denies the Staff’s 

allegations that Maran violated the 

CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Maran. 

16. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Maran, or a determination 

by the Commission, that Maran has 

knowingly violated the CPSA. 

17. In settlement of the Staff’s 

allegations, Maran shall pay a civil 

penalty in the amount of fifty thousand 

dollars ($50,000.00) 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. 

18. 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. 

19. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Maran 

knowingly, voluntarily, and completely 

waives any rights it may have regarding 

the Staff’s allegations 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 whether Maran 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. 

20. The Commission may publicize 

the terms of the Agreement and the 

Order. 

21. The Agreement and the Order 

shall apply to, and be binding upon, 

Maran and each of its successors and 

assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject those 

referenced in paragraph 21 above to 

appropriate legal action. 

23. 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. 

24. 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 Maran agree 

that severing the provision materially 

affects the purpose of the Agreement 

and the Order. 

Maran, Inc. 

Dated: May 18, 2009 

By: llllllllllllllll

David Greenberg, 

President and Chief Executive Officer. 

Maran, Inc., 4301–15 Tonnelle Avenue, 

North Bergen, NJ 07407. 

Dated: May 19, 2009 

By: llllllllllllllll

Robert L. Mulligan III, Esquire, 

Counsel for Respondent Maran, Inc. 

126 State Street, Hackensack, NJ 07601. 

U.S. Consumer Product Safety 

Commission. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: 05/22/09 

By: llllllllllllllll

Dennis C. Kacoyanis, 

Trial Attorney, Division of Compliance. 

Office of the General Counsel 

Order 

Upon consideration of the Settlement 

Agreement entered into between Maran, 

Inc. (‘‘Maran’’) and the U.S. Consumer 

Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Maran, 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 Maran shall pay 

a civil penalty in the amount of fifty 

thousand dollars ($50,000.00) 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 


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Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices 47785 

States Treasury. Upon the failure of 

Maran to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Maran 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 4th day 

of September 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product 

Safety Commission. 

[FR Doc. E9–22399 Filed 9–16–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DoD–2009–OS–0133] 

Manual for Courts-Martial; Proposed 

Amendments 

AGENCY: Joint Service Committee on 

Military Justice (JSC), DOD. 

ACTION: Notice of Proposed 

Amendments to the Manual for CourtsMartial, United States (2008 ed.) (MCM) 

and Notice of Public Meeting. 

SUMMARY: The Department of Defense is 

considering recommending changes to 

the Manual for Courts-Martial, United 

States (2008 Edition) (MCM). The 

proposed changes constitute the 2009 

annual review required by the MCM and 

DoD Directive 5500.17, ‘‘Role and 

Responsibilities of the Joint Service 

Committee (JSC) on Military Justice,’’ 

May 3, 2003 (DoD Directive 5500.17). 

The proposed changes concern the rules 

of procedure and evidence and the 

punitive articles applicable in trials by 

courts-martial. These proposed changes 

have not been coordinated within the 

Department of Defense under DoD 

Directive 5500.1, ‘‘Preparation, 

Processing and Coordinating 

Legislation, Executive Orders, 

Proclamations, Views Letters 

Testimony,’’ June 15, 2007, and do not 

constitute the official position of the 

Department of Defense, the Military 

Departments, or any other Government 

agency. 

This notice also sets forth the date, 

time and location for the public meeting 

of the JSC to discuss the proposed 

changes. 

This notice is provided in accordance 

with DoD Directive 5500.17. This notice 

is intended only to improve the internal 

management of the Federal Government. 

It is not intended to create any right or 

benefit, substantive or procedural, 

enforceable at law by any party against 

the United States, its agencies, its 

officers, or any person. 

In accordance with paragraph III.B.4 

of the Internal Organization and 

Operating Procedures of the JSC, the 

committee also invites members of the 

public to suggest changes to the Manual 

for Courts-Martial. 

DATES: Comments on the proposed 

changes must be received no later than 

November 16, 2009, to be assured 

consideration by the JSC. A public 

meeting for comments will be held on 

October 29, 2009 at 10:30 a.m. 

ADDRESSES: A public meeting for 

comments will be held on October 29, 

2009, at 10:30 a.m. in the 8th Floor 

Conference Room, 1501 Wilson Blvd., 

Rosslyn, VA 22209–2460. 

You may submit comments, identified 

by docket number and title, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number for this Federal Register 

document. The general policy for 

comments and other submissions from 

members of the public is to make these 

submissions available for public 

viewing on the Internet at http:// 

www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Commander Stacia 

Gawronski, Executive Secretary, Joint 

Service Committee on Military Justice, 

Office of the Judge Advocate General, 

Criminal Law Division (Code 20), 1254 

Charles Morris Street, SE., Suite B01, 

Washington Navy Yard, District of 

Columbia 20374, (202) 685–7683, e-mail 

stacia.gawronski@navy.mil. 

SUPPLEMENTARY INFORMATION: The 

proposed amendments by Executive 

Order to the MCM are as follows: 

Section 1. Part III of the Manual for 

Courts-Martial, United States, is 

amended as follows: 

(a) M.R.E. 504 (c)(2)(D) is added to 

read as follows: ‘‘(D) Where both parties 

have been substantial participants in 

illegal activity, those communications 

between the spouses during the 

marriage regarding the illegal activity in 

which they have jointly participated are 

not marital communications for 

purposes of the privilege in subdivision 

(b), and are not entitled to protection 

under the privilege in subdivision (b).’’ 

(b) The following amendments 

conform M.R.E. 609 to F.R.E. 609: 

(1) M.R.E. 609 (a) is amended to 

substitute the words ‘‘character for 

truthfulness’’ for the word ‘‘credibility.’’ 

(2) M.R.E. 609 (a)(2) is amended to 

substitute the words ‘‘regardless of the 

punishment, if it readily can be 

determined that establishing the 

elements of the crime required proof or 

admission of an act of dishonesty or 

false statement by the witness’’ for the 

words ‘‘if it involved dishonesty or false 

statement, regardless of the 

punishment.’’ 

(3) M.R.E. 609(c) is amended to 

substitute the words ‘‘a subsequent 

crime that was punishable by death, 

dishonorable discharge, or 

imprisonment in excess of one year’’ for 

the words ‘‘a subsequent crime which 

was punishable by death, dishonorable 

discharge, or imprisonment in excess of 

one year.’’ 

Section 2. Part IV of the Manual for 

Courts-Martial, United States, is 

amended as follows: 

(a) Paragraph 13, Article 89, 

Disrespect toward a superior 

commissioned officer, paragraph c.(1) is 

amended to substitute the words 

‘‘uniformed service’’ for ‘‘armed forces’’ 

everywhere the words ‘‘armed forces’’ 

appear in that paragraph. This change is 

made to clarify that the uniformed 

officers of the Public Health Service and 

the National Oceanographic and 

Atmospheric Administration, when 

assigned to and serving with the armed 

forces, are included in the definition of 

a superior commissioned officer. 

(b) A clerical amendment is made to 

Paragraph 35, Article 111, Drunken or 

reckless operation of vehicle, aircraft or 

vessel, paragraph f to read as follows: 

‘‘(f) Sample Specification. 

In that ___ (personal jurisdiction 

data), did (at/on board—location) 

(subject matter jurisdiction data, if 

required), on or about ___, 20 l, (in the 

motor pool area) (near the Officer’s 

Club) (at the intersection of ___ and ___) 

(while in the Gulf of Mexico) (while in 

flight over North America) physically 

control [a vehicle, to wit: (a truck) (a 

passenger car) (___)] [an aircraft, to wit: 

(an AH–64 helicopter) (an F–14A 

fighter) (a KC–135 tanker) (___)] [a 

vessel, to wit: (the aircraft carrier USS 

___) (the Coast Guard Cutter ___) (___)], 

[while drunk] [while impaired by ___] 

[while the alcohol concentration in his 

(blood or breath) equaled or exceeded 

the applicable limit under subparagraph 

(b) of the text of the statute in paragraph 

35 as shown by chemical analysis] [in 

a (reckless) (wanton) manner by 

(attempting to pass another vehicle on a 

sharp curve) (by ordering that the 


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