Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices 6453 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. The action will not result in 

additional reporting, recordkeeping or 

other compliance requirements for small 

entities. 

2. The action may result in 

authorizing small entities to provide the 

services to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with services deleted from 

the Procurement List. 

End of Certification 

Accordingly, the following services 

are deleted from the Procurement List: 

Services: 

Service Type/Location: Audio/Visual 

Duplication Service, Federal Emergency 

Management Agency: National 

Emergency Training Center, 16825 South 

Seton Avenue, Emmitsburg, MD. 

NPA: ForSight Vision, York, PA. 

Contracting Activity: Federal Emergency 

Management Agency, NETC Acquisition 

Section, Washington, DC. 

Service Type/Location: Custodial Service, 

Mauna Loa Observatory: Hilo Office, 

1437 Kilauea Ave., #102, Hilo, HI. 

NPA: The ARC of Hilo, Hilo, HI. 

Contracting Activity: Department of 

Commerce, Washington, DC. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2011–2466 Filed 2–3–11; 8:45 am] 

BILLING CODE 6353–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, February 9, 

2011; 10 a.m.–11 a.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

Matter To Be Considered 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: February 1, 2011. 

Todd A Stevenson, 

Secretary. 

[FR Doc. 2011–2586 Filed 2–2–11; 11:15 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 11–C0003] 

Raynor Marketing, Ltd., 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 Raynor 

Marketing, Ltd., containing a civil 

penalty of $390,000.00. 

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 February 

19, 2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 11–C0003, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Kelly M. Moore, 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) 504–7447. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: January 31, 2011. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Raynor Marketing, Ltd. 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. Raynor Marketing, Ltd. (‘‘Raynor’’) 

is a corporation organized and existing 

under the laws of the State of New York, 

with its principal corporate office 

located in West Hempstead, New York. 

Staff Allegations 

4. Between May 2006 and March 

2009, Raynor imported and distributed 

approximately one hundred fifty 

thousand (150,000) of the subject office 

chairs (the ‘‘Chairs’’) marketed under the 

brand names ‘‘Quantum Realspace 

PROTM 9000 Series Mid-Back 

Multifunction Mesh Chair’’ and 

‘‘Multifunction Mesh Chair with 

Headrest,’’ which were sold through 

Office Depot locations nationwide and 

on the Internet at http:// 

www.OfficeDepot.com for between 

$300.00 and $350.00. 

5. The Chairs are ‘‘consumer 

products’’ and, at all times relevant 

hereto, Raynor 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 Chairs are defective because 

the bolts attaching the seatback to the 

base can loosen and detach, posing a fall 

and injury hazard to consumers. 

7. Raynor received its first report of an 

incident involving a broken Chair in 

December of 2007. 

8. By August of 2008, Raynor knew of 

approximately sixteen (16) reports of 

incidents involving bolts in the Chairs 

loosening and/or detaching, causing the 

seatback to come apart from the base. In 

at least four (4) of those incidents, the 

broken Chairs caused injury to 

consumers. 

9. Despite being aware of the 

information set forth in Paragraphs six 

through eight, Raynor did not report to 

the Commission until April of 2009. By 

that time, Raynor was aware of at least 

twenty-eight (28) reports of incidents 

involving Chairs with bolt failures, 

which caused substantial physical 

injuries to at least eight (8) consumers. 

The Chairs were recalled in October of 

2009. 


srobinson on DSKHWCL6B1PROD with NOTICES
6454 Federal Register / Vol. 76, No. 24 / Friday, February 4, 2011 / Notices 

10. Although Raynor had obtained 

sufficient information to reasonably 

support the conclusion that the Chairs 

contained a defect which could create a 

substantial product hazard, or created 

an unreasonable risk of serious injury or 

death, Raynor failed to immediately 

inform the Commission 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 do so, 

Raynor 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). 

11. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Raynor is subject 

to civil penalties for its failure to report 

as required under section 15(b) of the 

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

Response of Raynor Marketing, Ltd. 

12. Raynor denies the allegations of 

the Staff that the Chairs 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). 

Agreement of the Parties 

13. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Raynor. 

14. In settlement of the Staff’s 

allegations, Raynor shall pay a civil 

penalty in the amount of three hundred 

ninety thousand dollars ($390,000.00) 

within twenty (20) calendar days of 

receiving service of the Commission’s 

final Order accepting the Agreement. 

The payment shall be made by check 

payable to the order of the United States 

Treasury. 

15. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Raynor or a determination 

by the Commission that Raynor violated 

the CPSA’s reporting requirements. 

16. 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). 

17. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Raynor 

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 Raynor 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. 

18. The Commission may publicize 

the terms of the Agreement and the 

Order. 

19. The Agreement and the Order 

shall apply to and be binding upon 

Raynor and each of its successors and/ 

or assigns. 

20. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

Raynor and each of its successors and 

assigns to appropriate legal action. 

21. 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. 

22. If any provision of the Agreement 

and 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 Raynor 

agree that severing the provision 

materially affects the purpose of the 

Agreement and Order. 

Raynor Marketing, Ltd. 

Dated: December 16, 2010 

By: lllllllllllllllllll

Norman A. Lampert, 

Chief Executive Officer, 

Raynor Marketing, Ltd., 

525 Hempstead Turnpike, 

West Hempstead, NY 11552. 

Dated: December 20, 2010 

By: lllllllllllllllllll

James E. Magee, Esq., 

The Magee Law Firm, PLLC, 

6845 Elm Street, Suite 205, 

McLean, VA 22101. 

Counsel for Raynor Marketing, Ltd. 

U.S. Consumer Product Safety 

Commission Staff, 

Cheryl A. Falvey, 

General Counsel. 

Dated: 1/28/2011 

By: lllllllllllllllllll

Kelly M. Moore, 

Trial Attorney, 

Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Raynor 

Marketing, Ltd. (‘‘Raynor’’), and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Raynor, and 

it appearing that the Settlement 

Agreement and the Order are in the 

public interest, it is 

Ordered that the Settlement 

agreement be, and hereby is, accepted; 

and it is 

Further Ordered that Raynor shall pay 

a civil penalty in the amount of three 

hundred ninety thousand dollars 

($390,000.00) within twenty (20) days of 

service of the Commission’s final Order 

accepting the Settlement Agreement. 

The payment shall be made by check 

payable to the order of the U.S. 

Treasury. Upon the failure of Raynor to 

make the foregoing payment when due, 

interest on the unpaid amount shall 

accrue and be paid by Raynor 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 28th day of January, 2011. 

By order of the Commission: 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–2511 Filed 2–3–11; 8:45 am] 

BILLING CODE 6355–01–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Proposed Information Collection; 

Comment Request 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Notice. 

SUMMARY: The Corporation for National 

and Community Service (hereinafter the 

‘‘Corporation’’), as part of its continuing 

effort to reduce paperwork and 

respondent burden, conducts a preclearance consultation program to 

provide the general public and federal 

agencies with an opportunity to 

comment on proposed and/or 

continuing collections of information in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA95) (44 

U.S.C. 3506(c)(2)(A)). This program 


srobinson on DSKHWCL6B1PROD with NOTICES