Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices 49751 

or stocks for subsistence use. There are 

no relevant subsistence uses of marine 

mammals in the study area (deep, 

offshore waters of the central-western 

Bering Sea) that implicate MMPA 

section 101(a)(5)(D). 

Endangered Species Act 

Of the species of marine mammals 

that may occur in the survey area, 

several are listed as endangered under 

the ESA, including the North Pacific 

right, humpback, sei, fin, blue, and 

sperm whales, as well as the western 

stock of Steller sea lions. The eastern 

stock of Steller sea lions is listed as 

threatened. Under section 7 of the ESA, 

USGS initiated formal consultation with 

the NMFS, Office of Protected 

Resources, Endangered Species 

Division, on this seismic survey. 

NMFS’s Office of Protected Resources, 

Permits, Conservation and Education 

Division, also initiated formal 

consultation under section 7 of the ESA 

with NMFS’s Office of Protected 

Resources, Endangered Species 

Division, to obtain a Biological Opinion 

(BiOp) evaluating the effects of issuing 

the IHA on threatened and endangered 

marine mammals and, if appropriate, 

authorizing incidental take. In August 

2011, NMFS issued a BiOp and 

concluded that the action and issuance 

of the IHA are not likely to jeopardize 

the continued existence of the North 

Pacific right, humpback, sei, fin, blue, 

and sperm whales, and Steller sea lions. 

The BiOp also concluded that 

designated critical habitat for these 

species does not occur in the action area 

and would not be affected by the survey. 

USGS must comply with the Relevant 

Terms and Conditions of the Incidental 

Take Statement (ITS) corresponding to 

NMFS’s BiOp issued to both USGS and 

NMFS’s Office of Protected Resources. 

USGS must also comply with the 

mitigation and monitoring requirements 

included in the IHA in order to be 

exempt under the ITS in the BiOp from 

the prohibition on take of listed 

endangered marine mammal species 

otherwise prohibited by section 9 of the 

ESA. 

NEPA 

With its complete application, USGS 

provided NMFS an EA analyzing the 

direct, indirect, and cumulative 

environmental impacts of the specified 

activities on marine mammals including 

those listed as threatened or endangered 

under the ESA. The EA, prepared by 

LGL on behalf of USGS, is entitled 

‘‘Environmental Assessment of a Marine 

Geophysical Survey by the R/V Marcus 

G. Langseth in the central-western 

Bering Sea, August 2011.’’ After NMFS 

reviewed and evaluated the USGS EA 

for consistency with the regulations 

published by the Council of 

Environmental Quality (CEQ) and 

NOAA Administrative Order 216–6, 

Environmental Review Procedures for 

Implementing the National 

Environmental Policy Act, NMFS 

adopted the USGS EA and issued a 

Finding of No Significant Impact 

(FONSI). 

Authorization 

NMFS has issued an IHA to USGS for 

the take, by Level B harassment, of 

small numbers of marine mammals 

incidental to conducting a marine 

geophysical survey in the centralwestern Bering Sea, August 2011, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: August 5, 2011. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2011–20461 Filed 8–10–11; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 11–C0009] 

Perfect Fitness, 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 Perfect 

Fitness, 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 August 26, 

2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 11–C0009, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer C. Argabright, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7808. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: August 8, 2011. 

Todd A. Stevenson, 

Secretary. 

United States of America Consumer 

Product Safety Commission 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Perfect Fitness and 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 Staff’s 

allegations set forth below. 

The Parties 

2. Staff is the staff of the Commission, 

an independent federal regulatory 

agency established pursuant to, and 

responsible for, the enforcement of the 

CPSA, 15 U.S.C. 2051–2089. 

3. Perfect Fitness is a privately-held 

Limited Liability Company, organized 

and existing under the laws of the State 

of California, with its principal 

corporate office located at 1750 

Bridgeway, Suite A100, Sausalito, 

California 94965. 

Staff Allegations 

4. Between January 2008 and August 

2008, Perfect Fitness manufactured and 

distributed approximately ten thousand 

(10,000) ‘‘Perfect Pullup’’ exercise 

equipment (‘‘Subject Products’’). 

Retailers continued to sell the Subject 

Products until they were recalled on 

February 17, 2011. The Subject Products 

sold for approximately $80–$100 

through major sporting goods stores, 

online retailers, and through direct 

television marketing. 

5. The Subject Products are 

‘‘consumer products’’ and, at all 

relevant times, Perfect Fitness was a 

‘‘manufacturer’’ of these consumer 

products, which were ‘‘distribute[d] 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 Subject Products are defective 

because the handle can break during 

use, resulting in consumers falling to 

the floor. 

7. Perfect Fitness received its first 

complaint involving handle breakage in 


srobinson on DSK4SPTVN1PROD with NOTICES
49752 Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices 

May 2008. In response, Perfect Fitness 

initiated an internal review. The 

internal review revealed that an unusual 

number of purchasers were returning or 

requesting replacement Subject 

Products. Some purchasers of the 

returned products indicated that the 

handles had broken during use. 

8. In June 2008, Perfect Fitness began 

re-testing the handle design. The firm 

preliminarily concluded that the handle 

design was defective because the 

material used to make the handles was 

not strong enough to withstand the 

pressure load needed to perform 

properly. 

9. In July 2008, Perfect Fitness 

redesigned the Subject Products in an 

effort to correct the design defect. 

10. By August 2008, Perfect Fitness 

received additional confirmation 

through a testing agency that the 

original design would experience 

handle failure at an average load of 

158.3 pounds. The testing agency 

additionally confirmed that the 

redesigned handles would be able to 

withstand a higher pressure load 

without handle breakage. 

11. On August 1, 2008, Perfect Fitness 

began production of the redesigned 

Subject Product, and discontinued 

distribution of the Subject Products 

without notifying the Commission of the 

problems associated with handle 

breakage. 

12. By the end of August 2008, Perfect 

Fitness received at least eleven (11) 

more reports of handles breaking, 

resulting in injuries to consumers. 

13. On March 30, 2010, Perfect 

Fitness posted a notice on its Web site 

indicating that consumers could replace 

the Subject Products free of charge. In 

communications with consumers, 

representatives of Perfect Fitness 

represented that the original handles 

were ‘‘inferior’’ and could result in an 

‘‘accident.’’ By this date, Perfect Fitness 

was aware of at least twenty-three (23) 

incidents of handle breakage causing 

injury. 

14. Despite knowledge of the 

information set forth in paragraphs 5– 

13, Perfect Fitness did not report to the 

Commission until December 20, 2010. 

By that time, Perfect Fitness was aware 

of at least forty-five (45) specific 

complaints of injury due to handle 

breakage and had received over two 

thousand (2,000) requests for 

replacement of the Subject Product. 

15. Although Perfect Fitness had 

obtained sufficient information to 

reasonably support the conclusion that 

the Subject Product contained a defect 

which could create a substantial 

product hazard, or created an 

unreasonable risk of serious injury or 

death, Perfect Fitness failed to inform 

the Commission immediately 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 inform 

the Commission immediately of the 

defect or advising that the defect 

involved the Subject Product, Perfect 

Fitness 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). 

16. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Perfect Fitness 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 Perfect Fitness 

17. Perfect Fitness denies the 

allegations of Staff that the Subject 

Products contain a defect which could 

create a substantial product hazard or 

create an unreasonable risk of serious 

injury or death, and denies that it 

knowingly violated the reporting 

requirements of Section 15(b) of the 

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

Agreement of the Parties 

18. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Perfect Fitness. 

19. In settlement of Staff’s allegations, 

Perfect Fitness shall pay a civil penalty 

in the amount of four hundred twentyfive thousand dollars ($425,000.00) 

within twenty (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 http:// 

www.pay.gov. 

20. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Perfect Fitness or a 

determination by the Commission that 

Perfect Fitness violated the CPSA’s 

reporting requirements. 

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, Perfect 

Fitness 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 Perfect Fitness 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. 

23. The Commission may publicize 

the terms of the Agreement and the 

Order. 

24. The Agreement and the Order 

shall apply to, and be binding upon, 

Perfect Fitness and each of its 

successors and/or assigns until the 

obligations described in Paragraph 19 

have been fulfilled to the satisfaction of 

the Commission. 

25. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

Perfect Fitness and each of its 

successors and/or assigns to appropriate 

legal action until the obligations 

described in Paragraph 19 have been 

fulfilled to the satisfaction of the 

Commission. 

26. 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. 

27. 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 Perfect 

Fitness agree that severing the provision 

materially affects the purpose of the 

Agreement and Order. 

Perfect Fitness LLC 

Dated: July 28, 2011 

By: lllllllllllllllllll

Alden Mills, Chief Executive Officer 

Perfect Fitness 

1750 Bridgeway 

Suite A100 

Sausalito, California 94965 

Dated: July 28, 2011 

By: lllllllllllllllllll

Mark Friedman, President 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 155 / Thursday, August 11, 2011 / Notices 49753 

Perfect Fitness 

1750 Bridgeway 

Suite A100 

Sausalito, California 94965 

Dated: July 29, 2011 

By: lllllllllllllllllll

Paul Rubin, Esq. 

Patton Boggs LLP 

2550 M Street, NW., 

Washington, DC 20037 

Counsel for Perfect Fitness 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, General Counsel 

Mary B. Murphy, Assistant General Counsel 

Dated: August 4, 2011 

By: lllllllllllllllllll

Jennifer C. Argabright, Trial Attorney 

Division of Compliance 

Office of the General Counsel 

United States of America 

Consumer Product Safety Commission 

Order 

Upon consideration of the Settlement 

Agreement entered into between Perfect 

Fitness and the U.S. Consumer Product 

Safety Commission (‘‘Commission’’) 

staff, and the Commission having 

jurisdiction over the subject matter and 

over Perfect Fitness, 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 Perfect Fitness 

shall pay a civil penalty in the amount 

of four hundred and twenty-five 

thousand dollars ($425,000.00) within 

twenty (20) days of service of the 

Commission’s final Order accepting the 

Settlement Agreement upon counsel for 

Perfect Fitness identified in the 

Settlement Agreement. The payment 

shall be made electronically to the CPSC 

via http://www.pay.gov. Upon the 

failure of Perfect Fitness to make the 

foregoing payment when due, interest 

on the unpaid amount shall accrue and 

be paid by Perfect Fitness 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 8th day of August, 2011. 

By Order of the Commission. 

Todd A. Stevenson, Secretary 

U.S. Consumer Product Safety Commission 

[FR Doc. 2011–20463 Filed 8–10–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Strategic Environmental Research and 

Development Program Scientific 

Advisory Board Meeting 

AGENCY: Department of Defense. 

ACTION: Notice. 

SUMMARY: This Notice is published in 

accordance with Section 10(a)(2) of the 

Federal Advisory Committee Act (Pub. 

L. 92–463). The topic of the meeting on 

October 12–13, 2011 is to review new 

start research and development projects 

requesting Strategic Environmental 

Research and Development Program 

(SERDP) funds in excess of $1M. This 

meeting is open to the public. Any 

interested person may attend, appear 

before, or file statements with the 

Scientific Advisory Board at the time 

and in the manner permitted by the 

Board. 

DATES: Wednesday, October 12, 2011 

from 9 a.m. to 5 p.m. & Thursday, 

October 13, from 9 a.m. to 5 p.m. 

ADDRESSES: SERDP Office Conference 

Center, 901 North Stuart Street, Suite 

804, Arlington, VA 22203. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan Bunger, SERDP Office, 901 

North Stuart Street, Suite 303, 

Arlington, VA or by telephone at (703) 

696–2126. 

Dated: August 8, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–20398 Filed 8–10–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2011–OS–0089] 

Privacy Act of 1974; System of 

Records 

AGENCY: Office of the Secretary, 

Department of Defense. 

ACTION: Notice to alter a system of 

records. 

SUMMARY: The Office of the Secretary of 

Defense proposes to alter a system of 

records in its inventory of record 

systems subject to the Privacy Act of 

1974 (5 U.S.C. 552a), as amended. 

DATES: This proposed action would be 

effective without further notice on 

September 9, 2011 unless comments are 

received which result in a contrary 

determination. 

ADDRESSES: You may submit comments, 

identified by docket number and title, 

by any of the following methods: 

• Federal Rulemaking 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: Ms. 

Cindy Allard, Chief, OSD/JS Privacy 

Office, Freedom of Information 

Directorate, Washington Headquarters 

Services, 1155 Defense Pentagon, 

Washington, DC 20301–1155, or by 

phone at (703) 588–6830. 

SUPPLEMENTARY INFORMATION: The Office 

of the Secretary of Defense notices for 

systems of records subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

have been published in the Federal 

Register and are available from the 

address in FOR FURTHER INFORMATION

CONTACT. 

The proposed system report, as 

required by 5 U.S.C. 552a(r) of the 

Privacy Act of 1974, as amended, was 

submitted on August 5, 2011, to the 

House Committee on Oversight and 

Government Reform, the Senate 

Committee on Governmental Affairs, 

and the Office of Management and 

Budget (OMB) pursuant to paragraph 4c 

of Appendix I to OMB Circular No. A– 

130, ‘‘Federal Agency Responsibilities 

for Maintaining Records About 

Individuals,’’ dated February 8, 1996 

(February 20, 1996, 61 FR 6427). 

Dated: August 5, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

DHA 14 

SYSTEM NAME: 

Computer/Electronics 

Accommodations Program for People 

with Disabilities (June 21, 2006, 71 FR 

35632). 

CHANGES: 

* * * * * 


srobinson on DSK4SPTVN1PROD with NOTICES