Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 10713 

The Council’s Advisory Panel (AP) 

will begin at 8 a.m., Monday, March 26 

and continue through Saturday, March 

31. 

The Scientific and Statistical 

Committee (SSC) will begin at 8 a.m. on 

Monday, March 26 and continue 

through Wednesday March 28, 2007. 

The Enforcement Committee will 

meet Tuesday, March 27, from 9 a.m. to 

12 noon, in the Birch/Willow Room. 

The Ecosystem Committee will meet 

March 27, from 1 p.m. to 5 p.m., in the 

Birch/Willow Room. 

All meetings are open to the public, 

except executive sessions. Council 

Plenary Session: 

The agenda for the Council’s plenary 

session will include the following 

issues. The Council may take 

appropriate action on any of the issues 

identified. 

1. Reports 

•Executive Director’s Report 

(including revised National 

Environmenal Protection Act (NEPA) 

process, Statement of Oreganization, 

Practices, and Procedures). 

•NMFS Management Report 

(including National Bycatch Report 

Updates and annual catch limit 

guidelines). 

•U.S. Coast Guard Report. 

•Alaska Department of Fish & Game 

Report. 

•U.S. Fish & Wildlife Service Report. 

•Protected Species Report (including 

update on recovery plan/BiOp). 

2. Charter Halibut Management: 

NMFS Report on International Pacific 

Halibut Commission (IPHC) action; 

receive Stakeholder Committee report, 

action as necessary; Final action on 

Moratorium; State/Federal Management 

- review discussion paper; Review 

discussion paper on sport fish discard 

mortality; Initial review of analysis of 

Area 2C Guideline Harvest Levels 

(GHLs) measures; Discussion paper on 

halibut allocations, action as necessary; 

Report on Alaska Department of Fish & 

Game (ADF&G) logbook data (SSC only). 

3. GOA Groundfish Management 

Review: Review discussion paper on 

GOA sideboards; review problem 

statement and develop alternatives GOA 

sector split; review problem statement 

and develop alternatives for GOA latent 

licenses; review discussion paper on 

Western GOA pollock trip limits and 

action as necessary. 

4. Trawl LLP Recency: Review 

discussion paper on interactions with 

other limited entry programs; review 

discussion paper on implementation 

issues; action as necessary. 

5. Bering Sea Aleutian Island (BSAI) 

Crab Management: Review 18-month 

BSAI Crab Review report, and take 

action as necessary; review crab data 

collection protocols, action as 

necessary. 

6. Observer Program: Progress report 

and action as necessary. 

7. Community Development Quota 

(CDQ): Review of legal opinion about 

CDQ Program roles and responsibilities, 

and action as necessary (T). 

8. Socioeconomic Data: Receive 

workgroup report on Comprehensive 

Socioeconomic Data Collection. 

9. Scallop Management: Review and 

approve Scallop Stock Assessment 

Fishery Evaluation (SAFE). 

10. Groundfish Management: 

Discussion paper on ≤Other Species= 

management; final action on Dark 

Rockfish management; stock assessment 

review guidelines, action as necessary; 

SSCs Salmon Bycatch Workshop; action 

as necessary. 

11. Habitat Conservation: Initial 

Review of Bering Sea habitat 

conservation measures; review Habitat 

Area of Particular Concern (HAPC) 

priorities and timing, action as 

necessary; final action on Essential Fish 

Habitat Aleutian Island open area 

adjustment. 

12. Aleutian Island Fishery Ecosystem 

Plan (FEP): Initial review of FEP (T). 

13. Arctic Management: Review 

discussion paper, and take action as 

necessary. 

14. Staff Tasking: Review Committees 

and tasking, and take action as 

necessary. 

15. Other Business. 

The SSC agenda will include the 

following issues: 

1. Protected Species 

2. Charter Halibut Management 

3. GOA Groundfish Management 

4. BSAI Crab Management 

5. Trawl LLP Recency 

6. Socioeconomic Data 

7. Scallop Management 

8. Groundfish Management 

9. Habitat Conservation 

10. Aleutian Island Fishery Ecosystem 

Plan 

11. Arctic Management 

The Advisory Panel will address the 

same agenda issues as the Council, 

except for reports. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Gail Bendixen at 

(907) 271–2809 at least 7 working days 

prior to the meeting date. 

Dated: March 6, 2007. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E7–4223 Filed 3–8–07; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 07–C0004] 

Fisher-Price, Inc., a Corporation, 

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 Fisher-Price 

Inc., a corporation, containing a civil 

penalty of $975,000. 

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 March 26, 

2007. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 07–C0004, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814–

4408. 

FOR FURTHER INFORMATION CONTACT: 

Ronald G. Yelenik, Trial Attorney, 

Office of Compliance and Field 

Operations, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7582. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: February 28, 2007. 

Todd A. Stevenson, 

Secretary. 

United States of America 

Consumer Product Safety Commission 

[CPSC Docket No. 07–C0004] 

In the Matter of Fisher-Price, Inc. a 

Corporation 

Settlement Agreement and Order 

1. This Settlement Agreement is made by 

and between the staff (the ‘‘staff’’) of the U.S. 


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10714 Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 

Consumer Product Safety Commission 

(‘‘CPSC’’ or the ‘‘Commission’’) and FisherPrice, Inc. (‘‘Fisher-Price’’), a corporation, in 

accordance with 16 CFR 1118.20 of the 

Commission’s Procedures for Investigations, 

Inspections, and Inquiries under the 

Consumer Product Safety Act (‘‘CPSA’’). This 

Settlement Agreement and the incorporated 

attached Order resolve the staff’s allegations 

set forth below. 

The Parties 

2. The Commission is an independent 

federal regulatory agency responsible for the 

enforcement of the CPSA, 15 U.S.C. 2051–

2084. 

3. Fisher-Price is a corporation organized 

and existing under the laws of the State of 

Delaware, with its principal corporate office 

in East Aurora, New York. At all times 

relevant herein, Fisher-Price designed, 

imported and sold toys and juvenile 

products. 

Staff Allegations 

4. Between June 17, 2002 and July 31, 

2002, Fisher-Price imported and sold 

nationwide approximately 67,000 Little 

People Animal Sounds Farm toys (the 

‘‘Farm(s)’’ or ‘‘products’’). The Farms are 

shaped like a barn and make animal sounds 

when the doors of the cow or horse stall are 

opened. 

5. The Farms are ‘‘consumer product(s)’’

and, at the times relevant herein, Fisher-Price 

was a ‘‘manufacturer’’ of ‘‘consumer 

product(s),’’ which were ‘‘distributed in 

commerce’’ as those terms are defined in 

sections 3(a)(1), (4), (11) and (12) of the 

CPSA, 15 U.S.C. 2052(a)(1), (4), (11) and (12). 

6. The Farms are defective because the 

ringed nail fasteners used to attach the toy 

‘‘stall doors’’ in place can disengage from the 

product. If this should occur, young children 

could choke on or aspirate the loose nail 

fastener. 

7. On or about September 11, 2002, FisherPrice first learned of an incident in which a 

nail fastener disengaged from one of the stall 

doors. 

8. By November 18, 2002, Fisher-Price had 

become aware of nine reports of nail 

fasteners coming loose from the stall doors, 

including one report from a consumer that a 

nail fastener came out and that her child 

placed it in her mouth. 

9. By early February of 2003, Fisher-Price 

was aware of two telephone calls in which 

consumers indicated a concern that this 

problem posed a choking hazard to children. 

10. On February 14, 2003, Fisher-Price 

learned of a December 30, 2002 incident in 

which a 14-month old child aspirated a Farm 

nail fastener into his lung. The child was 

taken to a hospital where emergency surgery 

was performed to remove the nail fastener. 

11. Despite being aware of the information 

set forth in paragraphs 4 through 10, FisherPrice did not report to the Commission until 

March 14, 2003. By that time, Fisher-Price 

was aware of at least 33 reports of incidents 

in which a nail fastener came loose from the 

stall doors. These included four reports of 

children who put a fastener in the mouth 

(including a report of a child who cut the 

inside of her mouth), and one report of a 

child who required emergency surgery to 

remove an aspirated nail fastener from his 

lung. 

12. Although Fisher-Price had obtained 

sufficient information to reasonably support 

the conclusion that the Farms contained a 

defect which could create a substantial 

product hazard, or created an unreasonable 

risk of serious injury or death, it failed to 

immediately inform the Commission of such 

defect or risk as required by sections 15(b)(2) 

and (3) of the CPSA, 15 U.S.C. 2064(b)(2) and 

(3). In failing to do so, Fisher-Price 

‘‘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). 

13. Pursuant to section 20 of the CPSA, 15 

U.S.C. 2069, Fisher-Price is subject to civil 

penalties for its failure to make a timely 

report under section 15(b) of the CPSA, 15 

U.S.C. 2064(b). 

Response of Fisher-Price 

14. Fisher-Price denies that the Farms 

contain a defect which could create a 

substantial product hazard, or create an 

unreasonable risk of serious injury or death, 

and denies that it violated the reporting 

requirements of section 15(b) of the CPSA, 15 

U.S.C. 2064(b). 

15. Fisher-Price believes that the Farms do 

not violate any CPSC regulations regarding 

small parts or otherwise and do not violate 

any applicable safety standards. 

16. Fisher-Price denies any liability or 

wrongdoing of any kind. 

17. Fisher-Price was not advised of the 

December 30, 2002 incident, in which a 

consumer’s child was reported to have 

aspirated a fastener, until February 14, 2003. 

The consumer advised Fisher-Price that the 

incident had been reported to the CPSC. 

Fisher-Price, nevertheless, filed a Full Report 

with the CPSC pursuant to Section 15(b) of 

the CPSA on March 14, 2003 and undertook 

a Fast Track Recall of the product on April 

23, 2003. 

Agreement of the Parties 

18. The Commission has jurisdiction over 

this matter and over Fisher-Price under the 

CPSA, 15 U.S.C. 2051–2084. 

19. In settlement of the staff’s allegations, 

Fisher-Price agrees to pay a civil penalty of 

nine hundred seventy five thousand dollars 

($975,000.00) within twenty (20) calendar 

days of service of the Final Order of the 

Commission accepting this Settlement 

Agreement. This payment shall be made by 

check payable to the order of the United 

States Treasury. 

20. The parties enter this Settlement 

Agreement for settlement purposes only. The 

Settlement Agreement does not constitute an 

admission by Fisher-Price or a determination 

by the Commission that Fisher-Price violated 

the CPSA’s reporting requirements. 

21. Upon provisional acceptance of this 

Settlement Agreement and Order by the 

Commission, the Commission shall place this 

Agreement and Order on the public record 

and shall publish it in the Federal Register 

in accordance with the procedure set forth in 

16 CFR 1118.20(e). If the Commission does 

not receive any written requests not to accept 

the Settlement Agreement and Order within 

15 calendar days, the Agreement and Order 

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 final acceptance of this 

Settlement Agreement by the Commission 

and issuance of the Final Order, Fisher-Price 

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 consent of the Commission’s 

actions; (iii) a determination by the 

Commission as to whether Fisher-Price 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 Commission may publicize the 

terms of the Settlement Agreement and 

Order. 

24. This Settlement Agreement shall apply 

to, and be binding upon Fisher-Price and 

each of its successors and assigns, its parent 

entity, its parent’s subsidiaries, and each of 

their respective successors and assigns. 

25. The Commission’s Order in this matter 

is issued under the provisions of the CPSA, 

15 U.S.C. 2051–2084, and a violation of the 

Order may subject those referenced in 

paragraph 24 above to appropriate legal 

action. 

26. This Settlement Agreement may be 

used in interpreting the Order. Agreements, 

understandings, representations, or 

interpretations made outside of this 

Settlement Agreement and Order may not be 

used to vary or to contradict its terms. 

27. This Settlement Agreement and Order 

shall not be waived, changed, amended, 

modified, or otherwise altered, without 

written agreement thereto executed by the 

party against whom such amendment, 

modification, alteration, or waiver is sought 

to be enforced, and approval by the 

Commission. 

28. If, after the effective date hereof, any 

provision of this Settlement Agreement and 

Order is held to be illegal, invalid, or 

unenforceable under present or future laws 

effective during the terms of the Settlement 

Agreement and Order, such provision shall 

be fully severable. The rest of the Settlement 

Agreement and Order shall remain in full 

effect, unless the Commission and FisherPrice determine that severing the provision 

materially changes the purpose of the 

Settlement Agreement and Order. 

Fisher-Price, Inc. 

Dated: 

By: lllllllllllllllllll

Neil Friedman 

President 

By: lllllllllllllllllll

Neil A. Goldberg 

Goldberg Segalla, LLP 

665 Main Street, Suite 400 

Buffalo, New York 14203 

Counsel for Fisher-Price, Inc. 

U.S. Consumer Product Safety Commission 

John Gibson Mullan 

Assistant Executive Director 

Office of Compliance and Field Operations 


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Federal Register / Vol. 72, No. 46 / Friday, March 9, 2007 / Notices 10715 

Dated: 

By: lllllllllllllllllll

Ronald G. Yelenik 

Acting Director 

Legal Division 

Office of Compliance and Field Operations 

United States of America 

Consumer Product Safety Commission 

CPSC Docket No. 07–C0004 

In the Matter of Fisher-Price, Inc., a 

Corporation 

Order 

Upon consideration of the Settlement 

Agreement entered into between FisherPrice, Inc. (‘‘Fisher-Price’’) and the staff of 

the U.S. Consumer Product Safety 

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

Commission having jurisdiction over the 

subject matter and over Fisher-Price, and it 

appearing the Settlement Agreement is in the 

public interest, it is 

Ordered, that the Settlement Agreement be, 

and hereby is, accepted; and it is 

Further ordered, that Fisher-Price shall pay 

a civil penalty in the amount of nine hundred 

seventy five thousand dollars ($975,000.00). 

This payment shall be made payable to the 

order of the United States Treasury within 

twenty (20) calendar days of service of the 

Final Order of the Commission upon FisherPrice. Upon the failure of Fisher-Price to 

make full payment in the prescribed time, 

interest on the outstanding balance shall 

accrue and be paid at the federal rate of 

interest under the provisions of 28 U.S.C. 

1961(a) and (b). 

Provisionally accepted and Provisional 

Order issued on the 28th day of February, 

2007. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 07–1071 Filed 3–8–07; 8:45 am] 

BILLING CODE 6355–01–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[No. DoD–2007–OS–0017] 

Proposed Collection; Comment 

Request 

AGENCY: DoD, National Defense 

University; National Security Education 

Program. 

ACTION: Notice 

In compliance with Section 

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

Reduction Act of 1995, the National 

Defense University, announces the 

proposed revision of a previously 

approved 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 May 8, 2007. 

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, 1160 Defense Pentagon, 

Washington DC 20301–1160. 

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 the National Security 

Education Program, PO Box 20010, attn: 

Angel Park, Arlington, VA 22219, or call 

the National Security Education 

Program Office, at (703) 696–1991. 

Title; Associated Form; and OMB 

Number: National Security Education 

Program (NSEP) Service Agreement for 

Scholarship and Fellowship Awards, 

DD Form 2752; and National Security 

Education Program (NSEP) Service 

Agreement Report (SAR), DD Form 

2753; OMB Control Number 0704–0368. 

Needs and Uses: The information 

collection requirement is necessary to 

obtain verification that applicable 

scholarship and fellowship recipients 

are fulfilling service obligation 

mandated by the National Security 

Education Program Act of 1991, Title 

VIII of Pub. L. 102–183, as amended. 

Affected Public: Individuals or 

households; Federal government. 

Annual Burden Hours: 275. 

Number of Respondents: 250 (DD 

Form 2752) and 1400 (DD Form 2753). 

Responses per Respondent: 1. 

Average Burden per Responses: 10 

minutes. 

Frequency: Annual. 

SUPPLEMENTARY INFORMATION: 

Summary of Information Collection 

Respondents are recipients of 

undergraduate scholarships and 

graduate fellowship assistance from the 

National Security Education Program 

(NSEP), established by the National 

Security Education Act of 1991. DD 

Form 2752 is the Service Agreement 

that award recipients sign in order to 

acknowledge their understanding of 

their service obligation, and agree to the 

obligation. DD Form 2753 is the Service 

Agreement Report Form on which the 

student provides an account of his or 

her work toward fulfilling the service 

obligation, or justifies a request for 

deferment. The forms supporting this 

information collection requirement 

represent the sole means of establishing 

a written agreement of the service 

obligation and progress reports toward 

fulfilling this obligation between 

students who receive NSEP 

undergraduate scholarships and 

graduate fellowship awards, the 

program office, and the Department. 

Dated: March 2, 2007. 

Patricia L. Toppings, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 07–1104 Filed 3–8–07; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[No. DoD–2007–HA–0021] 

Proposed Collection; Comment 

Request 

AGENCY: Office of the Assistant 

Secretary of Defense for Health Affairs, 

DoD. 

ACTION: Notice. 

In accordance 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 currently approved 

collection and seeks public comment on 

the provisions thereof. Comments are 

invited on: (a) Whether the proposed 

extension of 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 


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