Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices 58099 

subject to civil penalties for its knowing 

failure to report, as required under 

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

2064(b). 

Response of Haier America Trading, 

LLC 

12. Haier America denies the Staff’s 

allegations, including, but not limited 

to, that the Blenders contain a defect 

that could create a substantial product 

hazard or create an unreasonable risk of 

serious injury or death, and that Haier 

America failed to timely notify the 

Commission in accordance with Section 

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

13. Haier America notified CPSC 

upon discovering that a nut securing the 

blade assembly had not been 

consistently tightened during 

production of certain units of the 

Blenders. Haier America was (and is) 

aware of only one report of a minor cut 

to a consumer’s hand, associated with 

the reported issue, which did not 

require medical attention. Haier 

America conducted a voluntary recall of 

the Blenders to replace the blade 

assembly pursuant to CPSC’s Fast Track 

recall program, acting to reduce the risk 

of injury, in furtherance of its 

customers’ best interests. 

Agreement of the Parties 

14. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Haier America. 

15. In settlement of staff’s allegations, 

Haier America shall pay a civil penalty 

in the amount of $850,000.00 within 20 

calendar days of receiving service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made 

electronically to the CPSC via 

www.pay.gov. 

16. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Haier America, nor does it 

constitute a determination by the 

Commission, that Haier America 

violated the CPSA’s reporting 

requirements. 

17. In consideration of Haier 

America’s payment, the Commission 

agrees to release Haier America, as well 

as its current and former directors, 

officers, employees, agents and 

representatives from any civil claim that 

the Commission has or may have against 

those parties arising out of or relating to 

the recall of the Blenders announced on 

December 2, 2009, or the Staff’s 

allegations that Haier America failed to 

report in a timely manner a potential 

hazard involving the Blenders. 

18. 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 C.F.R. 

1118.20(e). If the Commission does not 

receive any written request not to accept 

the Agreement within 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 C.F.R. 

1118.20(f). 

19. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Haier 

America knowingly, voluntarily, and 

completely waives any rights it may 

have in this matter to the following: (a) 

an administrative or judicial hearing; (b) 

judicial review or other challenge or 

contest of the Commission’s actions; (c) 

a determination by the Commission of 

whether Haier America failed to comply 

with the CPSA and the underlying 

regulations; (d) a statement of findings 

of fact and conclusions of law; and (e) 

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, 

Haier America and each of its 

successors and/or assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

Haier America and each of its 

successors and/or assigns 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 the terms or the Agreement 

and the Order. 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 

or 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 Haier 

America agree that severing the 

provision materially affects the purpose 

of the Agreement and Order. 

HAIER AMERICA TRADING, LLC. 

Dated: August 23,2012. 

lllllllllllllllllllll

Mary Ann G. Lemere, 

VP & General Counsel, Haier America 

Trading, LLC, 1356 Broadway, New York, NY 

10018. 

Dated: August 28, 2012. 

lllllllllllllllllllll

Eric A. Rubel, Esquire, 

Arnold & Porter, LLP, 555 Twelfth Street 

NW., Washington, DC 20004–1206, Counsel 

for Haier America Trading, LLC. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel. 

Mary B. Murphy, 

Assistant General Counsel. 

Dated: September 4, 2012. 

lllllllllllllllllllll

Belinda V. Bell, 

Trial Attorney, Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Haier 

America Trading, LLC (‘‘Haier America’’), 

and the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and the 

Commission having jurisdiction over the 

subject matter and over Haier America, and 

it appearing that the Settlement Agreement 

and the Order are in the public interest, it is 

Ordered that the Settlement Agreement 

be, and is, hereby, accepted; and it is 

Further ordered, that Haier America 

shall pay a civil penalty in the amount of 

$850,000.00 within 20 calendar days of 

receiving service of the Commission’s final 

Order accepting the Settlement Agreement. 

The payment shall be made electronically to 

the CPSC via www.pay.gov. Upon the failure 

of Haier America to make the foregoing 

payment when due, interest on the unpaid 

amount shall accrue and be paid by Haier 

America 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 13th day of September, 2012. 

By Order of the Commission: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission 

[FR Doc. 2012–23043 Filed 9–18–12; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 12–2] 

Notice of Telephonic Prehearing 

Conference 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: Notice of telephonic 

prehearing conference In the Matter of 

ZEN MAGNETS, LLC, CPSC Docket No. 

12–2. 


tkelley on DSK3SPTVN1PROD with NOTICES
58100 Federal Register / Vol. 77, No. 182 / Wednesday, September 19, 2012 / Notices 

DATES: September 27, 2012, at 9:00 a.m. 

Mountain/10:00 a.m. Central/11:00 a.m. 

Eastern. 

ADDRESSES: Members of the public are 

welcome to attend the prehearing 

conference at the Courtroom of Hon. 

Dean C. Metry at 601 25th Street, 5th 

Floor Courtroom, Galveston, Texas 

77550. 

FOR FURTHER INFORMATION CONTACT: Jan 

Emig, Paralegal Specialist, U.S. Coast 

Guard ALJ Program, (409) 765–1300. 

SUPPLEMENTARY INFORMATION: Any or all 

of the following shall be considered 

during the prehearing conference: 

(1) Petitions for leave to intervene; 

(2) Motions, including motions for 

consolidation of proceedings and for 

certification of class actions; 

(3) Identification, simplification and 

clarification of the issues; 

(4) Necessity or desirability of 

amending the pleadings; 

(5) Stipulations and admissions of fact 

and of the content and authenticity of 

documents; 

(6) Oppositions to notices of 

depositions; 

(7) Motions for protective orders to 

limit or modify discovery; 

(8) Issuance of subpoenas to compel 

the appearance of witnesses and the 

production of documents; 

(9) Limitation of the number of 

witnesses, particularly to avoid 

duplicate expert witnesses; 

(10) Matters of which official notice 

should be taken and matters which may 

be resolved by reliance upon the laws 

administered by the Commission or 

upon the Commission’s substantive 

standards, regulations, and consumer 

product safety rules; 

(11) Disclosure of the names of 

witnesses and of documents or other 

physical exhibits which are intended to 

be introduced into evidence; 

(12) Consideration of offers of 

settlement; 

(13) Establishment of a schedule for 

the exchange of final witness lists, 

prepared testimony and documents, and 

for the date, time and place of the 

hearing, with due regard to the 

convenience of the parties; and 

(14) Such other matters as may aid in 

the efficient presentation or disposition 

of the proceedings. 

Telephonic conferencing 

arrangements to contact the parties will 

be made by the court. Mary B. Murphy, 

Esq., Jennifer Argabright, Esq., Counsel 

for the U.S. Consumer Product Safety 

Commission, shall be contacted by a 

third party conferencing center at 301/ 

504–7809. David C, Japha, Esq., counsel 

for ZEN MAGNETSm, LLC 

(Respondent) shall be contacted by a 

third party conferencing center at (303) 

964–9500. 

Authority: Consumer Product Safety Act 

15 U.S.C. 2064. 

Dated: September 14, 2012 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2012–23071 Filed 9–18–12; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Notice of Telephonic Prehearing 

Conference; Correction 

AGENCY: U.S. Consumer Product Safety 

Commission. 

Correction 

Federal Register Citation of Previous 

Announcement: 

Vol. 77, No. 179, Friday, September 

14, 2012, page 56814. 

Notice: Notice of Telephonic 

Prehearing Conference, CPSC Docket 

12–1. 

Correction: The name of the docket 

and respondent is incorrect. The correct 

name of the respondent is Maxfield and 

Oberton Holdings, LLC. 

Contact Person for Additional 

Information: Todd A. Stevenson, Office 

of the Secretary, 4330 East West 

Highway, Bethesda, MD 20814 (301) 

504–7923. 

Dated: September 14, 2012. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2012–23070 Filed 9–18–12; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2012–HA–0117] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Assistant 

Secretary of Defense for Health Affairs, 

DoD. 

ACTION: Notice. 

In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, the Office of the 

Assistant Secretary of Defense for 

Health Affairs announces the proposed 

extension of a public information 

collection and seeks public comment on 

the provisions thereof. Comments are 

invited on: (a) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Consideration will be given to all 

comments received by November 19, 

2012. 

ADDRESSES: 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, 4800 Mark Center Drive, 

East Tower, Suite 02G09, Alexandria, 

VA 22350–3100. 

Instructions: All submissions received 

must include the agency name, docket 

number and title 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: To 

request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to Mr. Mike Talisnik, Office 

of the ASD (HA)—TMA, 7700 Arlington 

Blvd., Suite 5101, Falls Church, VA 

22042, (703) 681–8723. 

Title; Associated Form; and OMB 

Number: TriCase Case Management & 

Authorization System; OMB Control 

Number 0720–TBD. 

Needs and Uses: TriCase (Case 

Management and Authorization System) 

manages cases involving the 

coordination of medical care and 

medical transportation. The system 

provides International SOS employees 

with a central application to interact 

with TRICARE beneficiaries, providers, 

family members, and government 

representatives to manage healthcare 

delivery activities. TriCase is available 

in four International SOS offices 

worldwide and is limited to authorized 

TRICARE users who meet appropriate 

clearance levels. The system has been 

tailored to support TRICARE 

Management Activity (TMA). 


tkelley on DSK3SPTVN1PROD with NOTICES