2496 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 

MATTERS TO BE CONSIDERED: Surveillance 

Matters. 

CONTACT PERSON FOR MORE INFORMATION: 

Eileen A. Donovan, 202–418–5100. 

Eileen A. Donovan, 

Acting Secretary of the Commission. 

[FR Doc. 07–228 Filed 1–17–07; 11:27 am] 

BILLING CODE 6351–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 07–C0002] 

Nexgrill Industries, 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 Nexgrill 

Industries, Inc., a corporation, 

containing a civil penalty of $300,000. 

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 February 

5, 2007. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 07–C0002, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814–

4408. 

FOR FURTHER INFORMATION CONTACT: 

Dennis C. Kacoyanis, Trial Attorney, 

Office of Compliance and Field 

Operations, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7587. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: January 16, 2007. 

Todd A. Stevenson, 

Secretary. 

In the Matter of Nexgrill Industries, 

Inc., a Corporation 

I. Settlement Agreement and Order 

1. This Settlement Agreement is made 

by and between the staff (‘‘the staff’’) of 

the U.S. Consumer Product Safety 

Commission (‘‘the Commission’’) and 

Nexgrill Industries, Inc. (‘‘Nexgrill’’), 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 settle the staff’s 

allegations set forth below. 

II. 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. Nexgrill is a corporation organized 

and existing under the laws of the State 

of California with its principal corporate 

office located at 280 Machlin Ct., 

Walnut, CA 91789. Nexgrill is a 

manufacturer of gas grills, patio heaters, 

outdoor fire pits, and kitchen food prep 

carts. 

III. Allegations of the Staff 

4. Between December 2003 and March 

2005, Nexgrill manufactured and sold 

nationwide approximately 16,000 

Nexgrill Gas Grills (‘‘gas grills’’), Model 

Number 720–0025. 

5. The gas grills are ‘‘consumer 

products’’ and, at the times relevant 

herein, Nexgrill was a ‘‘manufacturer’’

of those consumer products, 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. Between April 2004 and October 

2005, Nexgrill received 20 reports of gas 

grill fires, including three reports of 

minor burn injuries. 

7. Although Nexgrill obtained 

sufficient information to support the 

conclusion that the gas grills contained 

a defect which could create a substantial 

product hazard, or created an 

unreasonable risk of serious injury or 

death at least 10 months before 

reporting, 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). 

8. By failing to furnish information as 

required by section 15(b) of the CPSA, 

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

9. Pursuant to section 20 of the CPSA, 

15 U.S.C. 2069, Nexgrill 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). 

IV. Nexgrill’s Response 

10. Nexgrill denies the staff’s 

allegations that it violated the CPSA as 

set forth in paragraphs 4 through 9 

above. 

11. Nexgrill enters into this 

Settlement Agreement to resolve the 

staff’s allegations without the time and 

expense of litigation. By agreeing to this 

settlement, Nexgrill does not admit any 

of the staff’s allegations of any fault, 

liability, or statutory or regulatory 

violation. 

12. Nexgrill voluntarily, and without 

the Commission or the staff having first 

requested information from Nexgrill, 

reported the above matter under section 

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

and offered to implement a voluntary 

corrective action that was accepted by 

the staff. 

V. Agreement of the Parties 

13. The Commission has jurisdiction 

over this matter and over Nexgrill under 

the Consumer Product Safety Act, 15 

U.S.C. 2051–2084. 

14. In settlement of the staff’s 

allegations, Nexgrill agrees to pay a civil 

penalty in the amount of $300,000.00 as 

set forth in the attached incorporated 

Order. 

15. The parties enter this Settlement 

Agreement for settlement purposes only. 

The Settlement Agreement does not 

constitute an admission by Nexgrill or a 

determination by the Commission that 

Nexgrill violated the CPSA’s reporting 

requirements. 

16. Upon provisional acceptance of 

this Agreement 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 procedures set 

forth in 16 CFR 1118.20(e). If the 

Commission does not receive any 

written request not to accept the 

Settlement Agreement and Order within 

15 calendar days, the Agreement will be 

deemed finally accepted on the 16th 

calendar day after the date it is 

published in the Federal Register. 

17. Upon final acceptance of the 

Agreement by the Commission and 

issuance of the Final Order, Nexgrill 

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 validity of the 

Commission’s actions; (iii) a 

determination by the Commission as to 

whether Nexgrill failed to comply with 

the CPSA and the underlying 

regulations; (iv) a statement of findings 

of fact or conclusions of law; and (v) any 


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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2497 

claims under the Equal Access to Justice 

Act. 

18. The Commission may publicize 

the terms of the Settlement Agreement 

and Order. 

19. This Settlement Agreement and 

Order shall apply to, and be binding 

upon, Nexgrill and each of its 

successors and assigns. 

20. 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 this Order may subject 

Nexgrill to appropriate legal action. 

21. 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 

contradict its terms. 

22. This Settlement Agreement 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. 

23. 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 provisions shall be 

fully severable. The rest of the 

Settlement Agreement and Order shall 

remain in full effect, unless the 

Commission and Nexgrill determine 

that severing the provision materially 

changes the purpose of the Settlement 

Agreement and Order. 

Nexgrill Industries, Inc. 

Dated: January 2, 2007. 

Sherman Lin, 

Vice President, Operations, Nexgrill 

Industries, Inc., 280 Machlin Court, 

Walnut, CA 91789. 

Dated: January 3, 2007. 

Mac. S. Dunaway, 

Matthew F. Hall, 

Dunaway & Cross, P.C., Attorneys for 

Nexgrill, Industries, Inc., 1100 Connecticut 

Avenue, NW., Suite 410, Washington, DC 

20036. 

Commission. 

John Gibson Mullan, 

Assistant Executive Director, Office of 

Compliance and Field Operations, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814. 

Ronald G. Yelenik, 

Acting Director, Legal Division, Office of 

Compliance and Field Operations. 

Dated: January 3, 2007. 

Dennis C. Kacoyanis, 

Trial Attorney, Legal Division, Office of 

Compliance and Field Operations. 

Order 

Upon consideration of the Settlement 

Agreement entered into between 

Nexgrill Industries, Inc., (‘‘Nexgrill’’) 

and the staff of the Consumer Product 

Safety Commission (‘‘the Commission’’); 

and the Commission having jurisdiction 

over the subject matter and Nexgrill; 

and it appearing that the Settlement 

Agreement and Order is in the public 

interest, it is ordered that the Settlement 

Agreement be, and hereby, is accepted; 

and it is further ordered that Nexgrill 

shall pay a civil penalty of THREE 

HUNDRED THOUSAND DOLLARS 

($300,000.00) in three installments as 

follows: SEVENTY–FIVE THOUSAND 

DOLLARS ($75,000.00) shall be paid 

within twenty (20) calendar days of 

service of the Final Order upon Nexgrill; 

ONE–HUNDRED THOUSAND 

DOLLARS ($100,000.00) shall be paid 

within one (1) year of service of the 

Final Order upon Nexgrill; and ONE 

HUNDRED TWENTY–FIVE 

THOUSAND DOLLARS ($125,000.00) 

shall be paid within two (2) years of 

service of the Final Order upon Nexgrill. 

Upon the failure of Nexgrill to make any 

of the foregoing payments when due, 

the entire amount of the civil penalty 

shall become due and payable, and 

interest on the outstanding balance shall 

accrue and be paid at the Federal legal 

rate of interest under the provisions of 

28 U.S.C. 1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 12th day of January, 

2007. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 07–214 Filed 1–18–07; 8:45 am] 

BILLING CODE 6355–01–M 

DEPARTMENT OF EDUCATION 

Office of Elementary and Secondary 

Education; Overview Information; 

Alaska Native Education Program; 

Notice Inviting Applications for New 

Awards for Fiscal Year (FY) 2007 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.356A. 

Dates: Applications Available: 

January 19, 2007. 

Deadline for Transmittal of 

Applications: March 5, 2007. 

Eligible Applicants: (a) Alaska Native 

organizations; 

(b) Educational entities with 

experience in developing or operating 

Alaska Native programs or programs of 

instruction conducted in Alaska Native 

languages; 

(c) Cultural and community-based 

organizations with experience in 

developing or operating programs to 

benefit Alaska Natives; and 

(d) Consortia of organizations and 

entities described in this paragraph to 

carry out activities that meet the 

purposes of this program. 

Note: A State educational agency (SEA) or 

local educational agency (LEA) may apply for 

an award under this program only as part of 

a consortium involving an Alaska Native 

organization. The consortium may include 

other eligible applicants. 

Estimated Available Funds: The 

Administration has requested 

$33,908,000 for this program for FY 

2007, of which we intend to use an 

estimated $2,318,000 for new awards. 

The actual level of funding, if any, 

depends on final congressional action. 

However, we are inviting applications to 

allow enough time to complete the grant 

process if Congress appropriates funds 

for this program. Contingent upon the 

availability of funds and the quality of 

applications, the Secretary may make 

additional awards in FY 2008 from the 

list of unfunded applicants from this 

competition. 

Estimated Range of Awards: 

$300,000–$600,000. 

Estimated Average Size of Awards: 

$450,000. 

Estimated Number of Awards: 5–8. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: Up to 36 months. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purpose of 

this program is to develop and support 

supplemental educational programs to 

benefit Alaska Natives. Permissible 

activities under this program include 

the following: (1) Development and 

implementation of plans, methods, and 

strategies to improve the education of 

Alaska Natives; (2) Development of 

curricula and educational programs that 

address the educational needs of Alaska 

Native students; (3) Professional 

development activities for educators; (4) 

Development and operation of home 

instruction programs for Alaska Native 

preschool children, to ensure the active 

involvement of parents in their 

children’s education from the earliest 

ages; (5) Family literacy services; (6) 

Development and operation of student 

enrichment programs in science and 

mathematics; (7) Research and data 

collection activities to determine the 

educational status and needs of Alaska 

Native children and adults; (8) Other 

research and evaluation activities 


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