79656 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices 

addition to the Council’s ex-officio 

members, the Secretaries of Energy, 

Labor, and the Treasury (or their 

designees) on the Government response 

to past Council recommendations 

regarding competitiveness, workforce 

development issues, energy policy, 

trade agreements and other issues 

affecting the U.S. manufacturing sector 

and to determine the Council’s work 

plan for 2012. 

DATES: January 20, 2012. 

TIME: 9:30 a.m.–11:30 a.m. EST. 

ADDRESSES: The U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW., Room 4830, Washington DC 

20230. All guests are requested to 

register in advance. This meeting will be 

physically accessible to people with 

disabilities. Seating is limited and will 

be on a first come, first served basis. 

Requests for sign language 

interpretation, other auxiliary aids, or 

pre-registration, should be submitted no 

later than January 13, 2012 to Jennifer 

Pilat, the Manufacturing Council, Room 

4043, 1401 Constitution Avenue NW., 

Washington, DC, 20230, telephone (202) 

482–4501, OACIE@trade.gov. Last 

minute requests will be accepted, but 

may be impossible to fill. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Pilat, the Manufacturing 

Council, Room 4043, 1401 Constitution 

Avenue NW., Washington, DC, 20230, 

telephone: (202) 482–4501, email: 

OACIE@trade.gov 

SUPPLEMENTARY INFORMATION: The 

Council was re-chartered on April 8, 

2010, to advise the Secretary of 

Commerce on matters relating to the 

U.S. manufacturing industry. No time 

will be available for oral comments from 

members of the public attending the 

meeting. Any member of the public may 

submit pertinent written comments 

concerning the Council’s affairs at any 

time before or after the meeting. 

Comments may be submitted to Jennifer 

Pilat at the contact information 

indicated above. To be considered 

during the meeting, comments must be 

received no later than 5 p.m. Eastern 

Time on January 13, 2012, to ensure 

transmission to the Council prior to the 

meeting. Comments received after that 

date will be distributed to the members 

but may not be considered at the 

meeting. 

Copies of Council meeting minutes 

will be available within 90 days of the 

meeting. 

Dated: December 19, 2011. 

Jennifer Pilat, 

Executive Secretary, The Manufacturing 

Council. 

[FR Doc. 2011–32826 Filed 12–21–11; 8:45 am] 

BILLING CODE 3510–DR–P 

COMMISSION OF FINE ARTS 

Notice of Meeting 

The next meeting of the U.S. 

Commission of Fine Arts is scheduled 

for 19 January 2012, at 9 a.m. in the 

Commission offices at the National 

Building Museum, Suite 312, Judiciary 

Square, 401 F Street NW., Washington 

DC, 20001–2728. Items of discussion 

may include buildings, parks and 

memorials. 

Draft agendas and additional 

information regarding the Commission 

are available on our Web site: 

www.cfa.gov. Inquiries regarding the 

agenda and requests to submit written 

or oral statements should be addressed 

to Thomas Luebke, Secretary, U.S. 

Commission of Fine Arts, at the above 

address; by emailing staff@cfa.gov; or by 

calling (202) 504–2200. Individuals 

requiring sign language interpretation 

for the hearing impaired should contact 

the Secretary at least 10 days before the 

meeting date. 

Dated December 15, 2011 in Washington, 

DC. 

Thomas Luebke, 

AIA Secretary. 

[FR Doc. 2011–32707 Filed 12–21–11; 8:45 am] 

BILLING CODE 6330–01–M 

COMMODITY FUTURES TRADING 

COMMISSION 

Submission for OMB Review; 

Comment Request; Correction 

In notice document 2011–31650 

appearing on page 76953 in the issue of 

December 9, 2011, make the following 

correction: 

On page 76953, in the second column, 

in the SUPPLEMENTARY INFORMATION

section, the last sentence before Burden, 

should read ‘‘The Federal Register 

notice with a 60-day comment period 

soliciting comments on this collection 

of information was published on’’, 

should read ‘‘September 30, 2011 (76 FR 

60810)’’. 

On page 76953, in the second column, 

‘‘Burden statement’’ should read, 

‘‘Burden statement: The respondent 

burden for this collection is estimated to 

average 2.5 hours per response. 

Respondents/Affected Entities: 15. 

Estimated number of responses: 15. 

Estimated total annual burden on 

respondents: 0.17 hours. 

Frequency of collection: On occasion. 

Issued in Washington, DC, on December 

16, 2011, by the Commission. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

[FR Doc. 2011–32724 Filed 12–21–11; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 12–C0005] 

E & B Giftware LLC, 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 E & B 

Giftware LLC, containing a civil penalty 

of $550,000.00, of which $50,000 shall 

be suspended, 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 January 6, 

2012. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 12–C0005, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Regan A. Sweeney, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7831. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices 79657 

Dated: December 19, 2011. 

Todd A. Stevenson, 

Secretary. 

United States of America Consumer 

Product Safety Commission 

In the matter of: 

E & B Giftware LLC. 

CPSC Docket No.: 12–C0005. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

E&B Giftware LLC (‘‘E&B’’) and staff 

(‘‘Staff’’) of the U.S. Consumer Product 

Safety Commission (‘‘Commission’’ or 

‘‘CPSC’’) hereby enter into this 

Settlement Agreement (‘‘Agreement’’) 

under the Consumer Product Safety Act 

(‘‘CPSA’’). The Agreement and the 

incorporated attached Order resolve 

Staff’s allegations set forth below. 

The Parties 

2. Staff is the staff of the CPSC, an 

independent federal regulatory agency 

established pursuant to, and responsible 

for the enforcement of, the CPSA, 15 

U.S.C. 2051–2089. 

3. E&B Giftware LLC is a limited 

liability corporation, organized and 

existing under the laws of the State of 

Delaware, with its principal corporate 

office located in Yonkers, New York. 

E&B Giftware LLC is a parent to many 

other companies, including but not 

limited to, EB Brands, Inc. (hereinafter, 

‘‘EB’’). 

Staff Allegations 

4. Between January 2000 and October 

2008, EB imported and distributed 

approximately 3 million (3,000,000) of 

the subject exercise balls under the 

following brand names: Bally Total 

Fitness, Everlast, Valeo, and Body Fit 

Fitness Balls (collectively referred to as 

‘‘exercise balls’’), which were sold at 

department stores and fitness retailers 

nationwide from May 2000 to February 

2009, for between $15.00 and $30.00. 

The exercise balls remain on the market. 

5. The exercise balls are ‘‘consumer 

products’’ and, at all relevant times, EB 

imported and distributed the exercise 

balls. Therefore, EB was a 

‘‘manufacturer’’ of these consumer 

products, which were ‘‘distributed in 

commerce,’’ as those terms are defined 

or used in sections 3(a)(5), (8), and (11) 

of the CPSA, 15 U.S.C. 2052(a)(5), (8), 

and (11). 

6. The exercise balls are defective 

because they can rupture and/or 

explode when overinflated by 

consumers, thereby posing a falling 

hazard to consumers. 

7. EB received its first report of an 

incident involving a burst exercise ball 

in January 2004. 

8. By 2007, EB knew of approximately 

25 reports of incidents involving 

bursting exercise balls. In 20 of those 

incidents, the bursting exercise balls 

were alleged to have caused various 

injuries, most of them minor. 

9. Despite being aware of the 

information set forth in paragraphs 6 

through 8, EB did not report to the 

Commission until October of 2008. By 

that time, EB was aware of at least 44 

reports of incidents involving bursting 

exercise balls, which were alleged to 

have caused physical injuries, most of 

them minor, to 29 consumers. In April 

2009, Commission staff and EB agreed 

that EB would revise its existing 

warning labels to consumers advising 

against overinflating the exercise balls. 

No other changes to the label, warnings, 

or instructions, or to the specifications, 

composition, or manufacturing process 

were recommended. 

10. Although EB had obtained 

sufficient information to reasonably 

support the conclusion that the exercise 

balls either contained a defect which 

could create a substantial product 

hazard, or created an unreasonable risk 

of serious injury or death, EB failed to 

immediately inform the Commission 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). In failing to 

report immediately to the Commission, 

EB 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). 

11. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, EB is subject to 

civil penalties for its failure to 

immediately report to the Commission, 

as required under section 15(b) of the 

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

Response of E&B Giftware, LLC (on 

behalf of EB) 

12. EB denies the allegations of Staff 

that the exercise balls contain a defect 

which could create a substantial 

product hazard or create an 

unreasonable risk of serious injury or 

death. Furthermore, it denies that it 

violated the reporting requirements of 

Section 15(b) of the CPSA, 15 U.S.C. 

2064(b). 

13. Exercise balls are manufactured 

from plastic material that is inflated. All 

exercise balls can be damaged and/or 

burst when they are subject to abuse or 

misuse. The mere fact that an exercise 

ball is reported to burst does not 

indicate that the exercise ball is 

defective. The number of complaints of 

burst exercise balls received by EB was 

very small, constituting only 

approximately .0015 percent of all 

exercise balls sold by EB. The injuries 

reported were minor, and the injuries 

were consistent with those expected 

when people fall off of exercise 

equipment. 

14. EB investigated the complaints 

and reports received about bursting 

balls, and it conducted tests of the 

exercise balls. The exercise balls passed 

all of the tests to which they were 

subjected; no manufacturing flaws could 

be identified; and there was no 

indication that the balls were defective. 

The investigations did not reveal that 

the exercise balls contained a defect. 

15. EB did not knowingly fail to 

report to the Commission. To the 

contrary, EB voluntarily filed a report 

with the Commission even though the 

testing concluded that the exercise balls 

did not burst when used as directed by 

the instructions. 

Agreement of the Parties 

16. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over E&B Giftware LLC and EB. 

17. In settlement of Staff’s allegations, 

E&B or an affiliate shall pay a civil 

penalty in the amount of five hundred 

and fifty thousand dollars ($550,000.00), 

with $50,000.00 of that sum suspended. 

The civil penalty is payable within 

twenty (20) calendar days of E&B or an 

affiliate receiving service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made 

by electronic payment via www.pay.gov. 

18. The parties agree that in 

consideration of this suspension of the 

above-referenced portion of the penalty 

amount, E&B will provide the CPSC 

with evidence of its program to comply 

with the reporting requirements of 

section 15(b) of the Consumer Product 

Safety Act, 15 U.S.C. 2064(b), including 

Standard Operating Procedures and 

training materials in the possession of, 

or created by, E&B. 

19. The parties agree that if E&B fails 

to provide evidence of a compliance 

program within 20 days after the date 

this agreement becomes final, fails to 

pay the $500,000 civil penalty by the 

date designated, or commits a violation 

of 15 U.S.C. 2051, et seq., within two 

years of the date this agreement 

becomes final, such conduct will be 

considered a violation of this Agreement 

and Order, and the $50,000 suspended 

portion of the civil penalty will be 

immediately due and payable, along 

with interest accrued at the rate 

specified in accordance with the Order 

in this case. 

20. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by either EB or E&B, or a 

determination by the Commission that 


jlentini on DSK4TPTVN1PROD with NOTICES
79658 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Notices 

EB or E&B violated the CPSA’s reporting 

requirements. Upon issuance of, and 

E&B’s compliance with, the final Order, 

the Commission regards this matter as 

resolved and agrees not to bring a civil 

penalty action, or other enforcement 

action against EB, E&B, or any of their 

directors, officers, agents, employees, 

representatives, successors, assigns, or 

any person in active concert and 

participation with any of them, based on 

Staff’s allegations, set forth above, 

regarding the exercise balls. 

21. Upon 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 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 16th 

calendar day after the date it is 

published in the Federal Register, in 

accordance with 16 CFR 1118.20(f). 

22. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, EB, E&B and 

any affiliate knowingly, voluntarily, and 

completely waives any rights it may 

have in this matter to the following: (i) 

An administrative or judicial hearing; 

(ii) judicial review or other challenge or 

contest of the Commission’s actions; (iii) 

a determination by the Commission as 

to whether EB, E&B or any affiliate 

failed to comply with the CPSA and the 

underlying regulations; (iv) a statement 

of findings of fact and conclusions of 

law; and (v) any claims under the Equal 

Access to Justice Act. 

23. The Agreement and the Order 

shall apply to, and be binding upon, EB, 

E&B Giftware LLC, and each of its 

successors and/or assigns. 

24. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject EB, 

E&B and each of its successors and 

assigns to appropriate legal action. 

25. 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. 

26. 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, EB and E&B 

agree that severing the provision 

materially affects the purpose of the 

Agreement and Order. 

E & B GIFTWARE LLC 

Dated: December 1, 2011 

By: 

llllllllllllllllllll

David Mauer, 

Chief Executive Officer 

E & B GIFTWARE LLC, 

4 Executive Plaza, 

Yonkers, NY 10701. 

Dated: December 1, 2011 

By: 

llllllllllllllllllll

Kate Beardsley, 

Esq., 

Zuckerman Spaeder LLP, 

1800 M Street, NW., 

Suite 1000, 

Washington, DC 20036–5807. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel. 

Mary B. Murphy, 

Assistant General Counsel, 

Office of the General Counsel. 

Dated: December 1, 2011 

By: 

llllllllllllllllllll

Regan A. Sweeney, 

Trial Attorney, 

Division of Compliance, 

Office of the General Counsel. 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

In the matter of: 

E & B GIFTWARE LLC 

CPSC Docket No.: 12–C0005 

Order 

Upon consideration of the Settlement 

Agreement entered into between E&B 

Giftware LLC (‘‘E&B’’) and U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over E&B, 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 E&B shall pay a 

civil penalty in the amount of five 

hundred fifty thousand dollars 

($550,000.00), of which $50,000 shall be 

suspended, within twenty (20) days of 

service of the Commission’s final Order 

accepting the Settlement Agreement. 

The payment shall be made via 

www.pay.gov. Upon the failure of E&B 

to make the foregoing payment of 

$500,000 when due, interest on the 

unpaid amount shall accrue and be paid 

by E&B at the federal legal rate of 

interest set forth at 28 U.S.C. 1961(a) 

and (b). In the event that E&B fails to 

make such payment, fails to provide 

evidence of their compliance program, 

as specified in the agreement, or 

commits another violation of 15 U.S.C. 

2051, et seq., within two years of the 

date this agreement becomes final, the 

suspended portion of the civil penalty 

will be due and payable immediately, 

along with interest on the unpaid 

amount and will accrue and be paid by 

E&B 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 19th 

day of December, 2011. 

BY ORDER OF THE COMMISSION: 

lllllllllllllllllll

Todd A. Stevenson, 

Secretary, 

U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–32861 Filed 12–21–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal Nos. 11–45] 

36(b)(1) Arms Sales Notification 

AGENCY: Department of Defense, Defense 

Security Cooperation Agency. 

ACTION: Notice. 

SUMMARY: The Department of Defense is 

publishing the unclassified text of a 

section 36(b)(1) arms sales notification. 

This is published to fulfill the 

requirements of section 155 of Public 

Law 104–164 dated July 21, 1996. 

FOR FURTHER INFORMATION CONTACT: Ms. 

B. English, DSCA/DBO/CFM, (703) 601– 

3740. 

The following is a copy of a letter to 

the Speaker of the House of 

Representatives, Transmittals 11–45 

with attached transmittal, policy 

justification, and Sensitivity of 

Technology. 

Dated: December 19, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

BILLING CODE 5001–06–P 


jlentini on DSK4TPTVN1PROD with NOTICES