48808 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices 

III. Data 

OMB Number: 0651–0045. 

Form Number(s): PTO–2042. 

Type of Review: Revision of a 

currently approved collection. 

Affected Public: Individuals or 

households; businesses or other forprofits; and not-for-profit institutions. 

Estimated Number of Respondents: 

1,857 responses per year. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public approximately 30 minutes (0.5 

hours) to read the instructions and 

subscriber agreement, gather the 

necessary information, prepare the 

Certificate Action Form, and submit the 

completed request. 

Estimated Total Annual Respondent 

Burden Hours: 929 hours. 

Estimated Total Annual Respondent 

Cost Burden: $129,131. The USPTO 

expects that 70% of the submissions for 

this collection will be prepared by 

paraprofessionals, 15% by attorneys, 

and 15% by independent inventors. 

Using those proportions and the 

estimated rates of $122 per hour for 

paraprofessionals, $325 per hour for 

attorneys in private firms, and $30 per 

hour for independent inventors, the 

USPTO estimates that the average rate 

for those respondents will be 

approximately $139 per hour. Therefore, 

the estimated total respondent cost 

burden for this collection will be 

approximately $129,131 per year. 

Item Estimated time for 

response 

Estimated 

annual 

responses 

Estimated annual burden 

hours 

Certificate Action Form (including Subscriber Agreement) (PTO–2042) .................... 30 minutes 1,857 929 

Totals .................................................................................................................... ........................................ 1,857 929 

Estimated Total Annual Non-hour 

Respondent Cost Burden: $4,531. There 

are no capital start-up costs, 

maintenance costs, or fees associated 

with this information collection. 

However, this collection does have 

annual (non-hour) cost burden 

associated with the Certificate Action 

Form. 

This collection has costs due to the 

notarization requirement for 

authenticating the signatures on the 

Certificate Action Form. The USPTO 

estimates that the average fee for having 

a signature notarized is $2 and that 

1,857 responses for these forms will be 

submitted annually, for a total cost of 

$3,714 per year. 

This collection also has postage costs 

for submitting the Certificate Action 

Form to the USPTO by mail. The form 

cannot be faxed or submitted 

electronically because it requires an 

original notarized signature. The 

USPTO estimates that the first class 

postage cost for these forms will be 44 

cents and that it will receive 1,857 

mailed responses annually, for a total 

postage cost of approximately $817 per 

year. 

IV. Request for Comments 

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 

(including hours and cost) of the 

proposed collection of information; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, e.g., the use of 

automated collection techniques or 

other forms of information technology. 

Comments submitted in response to 

this notice will be summarized or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Dated: August 4, 2011. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer. 

[FR Doc. 2011–20097 Filed 8–8–11; 8:45 am] 

BILLING CODE 3510–16–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meetings 

The following notice of scheduled 

meetings is published pursuant to the 

provisions of the Government in the 

Sunshine Act, Public Law 94–409, 5 

U.S.C. 552b. 

Agency Holding the Meetings 

Commodity Futures Trading 

Commission. 

Times and Dates 

The Commission has scheduled 

meetings for the following dates: 

October 4, 2011 at 9:30 a.m. 

October 18, 2011 at 9:30 a.m. 

November 1, 2011 at 9:30 a.m. 

November 17, 2011 at 9:30 a.m. 

Place 

Three Lafayette Center, 1155 21st St., 

NW., Washington, DC. Lobby Level 

Hearing Room (Room 1000). 

STATUS: Open. 

Matters To Be Considered 

The Commission has scheduled these 

meetings to consider various rulemaking 

matters, including the issuance of 

proposed rules and the approval of final 

rules. The Commission may also 

consider and vote on dates and times for 

future meetings. Agendas for each of the 

scheduled meetings will be made 

available to the public and posted on 

the Commission’s Web site at http:// 

www.cftc.gov at least seven (7) days 

prior to the meeting. In the event that 

the times or dates of the meetings 

change, an announcement of the change, 

along with the new time and place of 

the meeting will be posted on the 

Commission’s Web site. 

CONTACT PERSON FOR MORE INFORMATION: 

David A. Stawick, Secretary of the 

Commission, 202–418–5071. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2011–20351 Filed 8–5–11; 4:15 pm] 

BILLING CODE 6351–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 11–C0008] 

Black & Decker (U.S.) 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 


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Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices 48809 

below is a provisionally accepted 

Settlement Agreement with Black & 

Decker (U.S.) Inc., containing a civil 

penalty of $960,000.00. 

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 August 24, 

2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to 

Comment 11–C0008, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

William J. Moore, Jr., Trial Attorney, 

Division of Enforcement and 

Information, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7583. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: August 2, 2011. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

(1) In accordance with 16 CFR 

1118.20, Black & Decker (U.S.) Inc., its 

responsible officials, and its foreign and 

domestic corporate parents, affiliates, 

agents and employees (collectively 

‘‘Black & Decker’’ or ‘‘the Firm’’) and the 

staff (‘‘Staff’’) of the United States 

Consumer Product Safety Commission 

(‘‘Commission’’) hereby enter into this 

Settlement Agreement (‘‘Agreement’’) 

under the Consumer Product Safety Act 

(‘‘CPSA’’). The Agreement and the 

incorporated attached Order resolve the 

Staff’s allegations set forth below. 

The Parties 

(2) The Staff is the staff of the 

Consumer Product Safety Commission, 

an independent federal regulatory 

agency established pursuant to, and 

responsible for, the enforcement of the 

CPSA, 15 U.S.C. 2051–2089. 

(3) Black & Decker is a corporation 

organized and existing under the laws of 

the State of Maryland, with its principal 

corporate office located at 701 East 

Joppa Road, Towson, Maryland. 

Staff Allegations 

(4) Between November 2005 and 

October 2006, Black & Decker imported 

and distributed approximately one 

hundred thirty-six thousand (136,000) 

newly designed electric, hand-held 

grass trimmer/edgers known as model 

GH1000 Grasshog XP (‘‘Grasshog XP’’). 

The Grasshog XPs were sold through 

retailers nationwide for approximately 

$70.00. 

(5) The Grasshog XPs are ‘‘consumer 

products’’ and, at all times relevant 

hereto, Black & Decker 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 Grasshog XPs contained 

several defects that presented four 

failure modes: (1) The cutting string 

spool covers and spools can be 

projected off the Grasshog XP at high 

speed in unpredictable directions, 

allowing these components to strike the 

user or bystanders; (2) the dual cutting 

lines were fed and cut off at high speed 

and at irregular intervals during use, 

allowing the line to strike the user; (3) 

the spool line feed guard can fall off 

during use, exposing the user to injury 

from overly long high speed cutting 

line; and (4) the spool housing may 

overheat, exposing users to risks of burn 

injuries. 

(7) Black & Decker first learned of 

defects in its Grasshog XP spool cover 

in December 2005. It modified the 

defective spool cover manufacturing 

process and changed the spool cover to 

a different material (‘‘the new spool 

cover’’) for future production. In January 

2006, the firm recalled 9,000 Grasshogs. 

In February 2006, Black & Decker 

informed the CPSC staff of what it 

termed a ‘‘quality’’ problem involving 

the original spool cover but did not file 

a report under 15 U.S.C. 2064(b) at that 

time. 

A. Violation of 15 U.S.C. 2068(a)(3), 

Failure To Provide Information 

Requested by CPSC Staff 

Paragraphs one through seven, above, 

are hereby incorporated herein by 

reference. 

(8) Black & Decker received its first 

complaints involving Grasshog XP 

defects, including problems with the 

new replacement spool cover, in midMarch and April 2006. By the end of 

May 2006, the Firm had received 80 

safety complaints, personal injury 

reports and hundreds of warranty 

claims involving the Grasshog XP. The 

subject of the complaints, reports and 

warranty claims were the defects set 

forth in Paragraph 6, supra. 

(9) In a letter dated May 9, 2006, 

CPSC staff asked Black & Decker for full 

report information with regard to the 

Grasshog XP, including, but not limited 

to, the defective spool covers the Firm 

discovered in December 2005 and 

replaced in January 2006. 

(10) Despite an awareness of the 

information set forth in Paragraphs six 

and eight, supra, and other information 

germane to written questions posed by 

the staff on May 9, 2006, Black & Decker 

did not comply with the staff written 

request to provide a full report 

concerning the Grasshog XP. In late May 

2006, the firm provided limited, 

incomplete information regarding its 

January spool cover recall. Among other 

acts of omission, it failed to provide 

information about defects it discovered 

in the replacement spool cover system 

used in production from January 2006 

forward. These new, defective spool 

covers had been intended as the remedy 

and were provided as replacement 

covers in the firm’s January 2006 recall. 

(11) Based upon the incomplete 

information provided by Black & 

Decker, on June 30, 2006, the staff sent 

Black & Decker a letter closing the case 

file that had been opened on May 9, 

2006. The staff letter of June 30, 2006 

reminded Black & Decker of its duty to 

immediately report information that the 

risk or hazard posed by the Grasshog XP 

was greater than or different from that 

indicated by the information that had 

been supplied by the firm to date. 

(12) By June 2006, Black & Decker had 

received 216 Grasshog XP safety 

complaints and approximately 14 

reports of injury. Despite the 

Commission staff letters of May 2 and 

June 30, 2006 requesting this 

information, Black & Decker silently 

acquiesced in the file closure without 

revealing this information. 

(13) Black & Decker waited until 

October 2006 to provide information 

requested by the staff on May 9, 2006. 

By its acts and omissions, the Firm 

knowingly violated Section 19(a)(3) of 

the CPSA, 15 U.S.C. 2068(a)(3), as the 

term ‘‘knowingly’’ is defined in section 

20(d) of the CPSA, 15 U.S.C. 2069(d). 

B. Violation of 15 U.S.C. 2068(a)(4) 

Failure To Furnish Information 

Required by Sections 15(b)(3) and (b)(4) 

of the CPSA 

Paragraphs one through thirteen, 

above, are hereby incorporated herein 

by reference. 

(14) From July through September 

2006, Black & Decker continued to 

receive large numbers of safety 

complaints, injury reports and warranty 

claims involving defects in the Grasshog 

XP new spool cover, the spool line 

feeder, the spool line feed guard and the 

spool feed housing (as set forth in 

Paragraph 6 above.) Although Black & 

Decker had obtained sufficient 

information to reasonably support the 


sroberts on DSK5SPTVN1PROD with NOTICES
48810 Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices 

conclusion that the Grasshog XP 

contained defects which could create a 

substantial product hazard, or created 

an unreasonable risk of serious injury or 

death on or before May 1, 2006, Black 

& Decker failed to immediately inform 

the Commission of such defects or risks 

as required by sections 15(b)(3) and (4) 

of the CPSA, 15 U.S.C. 2064(b)(3) and 

(4). In failing to do so, Black & Decker 

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). 

(15) Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Black & Decker 

is 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 Black & Decker (U.S.) Inc. 

(16) Black & Decker denies Staff’s 

allegations that the Grasshog XP, 

contains defects which could create a 

substantial product hazard or create an 

unreasonable risk of serious injury or 

death, and denies that it knowingly 

violated Sections 19(a)(3) or 19(a)(4) of 

the CPSA. This payment is made in 

settlement of the staff allegations. 

Neither the payment nor the fact of 

entering into this Settlement Agreement, 

constitute evidence of or an admission 

of, any fault, liability or statutory or 

regulatory violation by Black & Decker 

or of the truth of any allegations made 

by the staff. 

Agreement of the Parties 

(17) Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Black & Decker and the Grasshog 

XP. 

(18) In settlement of the Staff’s 

allegations stemming from the Firm’s 

importation and distribution of the 

Grasshog XP and in reporting to the 

Commission, Black & Decker shall pay 

a civil penalty in the amount of nine 

hundred sixty thousand dollars 

($960,000.00) within ten (10) calendar 

days of receiving service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made 

electronically to the CPSC via http:// 

www.pay.gov . 

(19) The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Black & Decker or a 

determination by the Commission that 

Black & Decker knowingly violated 

Sections 19(a)(3) or 19(a)(4) of the 

CPSA. 

(20) 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). 

(21) Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Black & 

Decker 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 Black & Decker 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. 

(22) The Commission may publicize 

the terms of the Agreement and the 

Order. 

(23) The Agreement and the Order 

shall apply to and be binding upon 

Black & Decker and each of its parent 

corporation(s), successors and/or 

assigns. 

(24) The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

Black & Decker and each of its parent 

corporation(s), successors and/or 

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 

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 Black & 

Decker agree that severing the provision 

materially affects the purpose of the 

Agreement and Order. 

Black & Decker (U.S.) Inc. 

Dated: 6/27/2011. 

By: lllllllllllllllllll

James R. O’Brien, Esquire, 

Vice President and Product Liability Counsel, 

Black & Decker (U.S.) Inc., 701 East Joppa 

Road, Towson, MD 21286. 

Dated: 6/27/2011. 

By: lllllllllllllllllll

Timothy L. Mullin, Jr., 

Miles & Stockbridge P.C., 10 Light Street, 

Baltimore, MD 21202, Counsel for Black & 

Decker (U.S.) Inc. 

U.S. Consumer Product Safety, 

Commission Staff. 

Cheryl A. Falvey, 

General Counsel. 

Mary B. Murphy, 

Assistant General Counsel. 

Dated: 8/2/2011. 

By: lllllllllllllllllll

William J. Moore, Jr., 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Black 

& Decker (U.S.) Inc., its responsible 

officials, and their foreign and domestic 

corporate parents, affiliates, agents and 

employees (collectively ‘‘Black & 

Decker’’), and the U.S. Consumer 

Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Black & 

Decker, 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 Black & Decker 

shall pay a civil penalty in the amount 

of nine hundred sixty thousand dollars 

($960,000.00) within ten (10) days of 

service of the Commission’s final Order 

accepting the Settlement Agreement 

upon counsel for Black & Decker 

identified in the Settlement Agreement. 

The payment shall be made 

electronically to the CPSC via http:// 

www.pay.gov. Upon the failure of Black 

& Decker to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Black & Decker 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 August, 2011. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–20086 Filed 8–8–11; 8:45 am] 

BILLING CODE 6355–01–P 


sroberts on DSK5SPTVN1PROD with NOTICES