Federal Register / Vol. 78, No. 12 / Thursday, January 17, 2013 / Notices 3883 

the address listed above. Comments may 

also be submitted by facsimile to (301) 

713–0376, or by email to 

NMFS.Pr1Comments@noaa.gov. Please 

include the File No. in the subject line 

of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits and Conservation 

Division at the address listed above. The 

request should set forth the specific 

reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Amy Hapeman or Kristy Beard, (301) 

427–8401. 

SUPPLEMENTARY INFORMATION: The 

subject modification to Permit No. 

13543, issued on May 6, 2009 (74 FR 

20926) is requested under the authority 

of the Endangered Species Act of 1973, 

as amended (16 U.S.C. 1531 et seq.) and 

the regulations governing the taking, 

importing, and exporting of endangered 

and threatened species (50 CFR 222– 

226). 

Permit No. 13543 authorizes the 

permit holder to handle, measure, 

weigh, passive integrated transponder 

tag, flipper tag, and photograph 

loggerhead (Caretta caretta), green 

(Chelonia mydas), Kemp’s ridley 

(Lepidochelys kempii), leatherback 

(Dermochelys coriacea), olive ridley (L. 

olivacea), and hawksbill (Eretmochelys 

imbricata) sea turtles that have already 

been captured by authorized coastal 

trawl surveys in waters off of North 

Carolina to Florida. The purpose of the 

research is to further the understanding 

of the growth, distribution, and life 

history of sea turtles. The permit is valid 

through April 30, 2014. The permit 

holder requests authorization to 

increase the annual take limit for 

Kemp’s ridley and loggerhead sea turtles 

from 15 to 32 animals and 45 to 50 

animals, respectively, on which they 

may conduct authorized research 

procedures. The increase would 

accommodate recent increases in 

capture rates of these species in the 

trawl surveys. Unless additional take is 

authorized, opportunities will be lost to 

collect valuable data on Kemp’s ridley 

and loggerhead sea turtles. 

P. Michael Payne, 

Chief, Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. 2013–00889 Filed 1–16–13; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meetings 

AGENCY: U.S. Consumer Product Safety 

Commission. 

FEDERAL REGISTER CITATION OF PREVIOUS

ANNOUNCEMENT: Vol. 78, No. 7, 

Thursday, January 10, 2013, page 2257. 

ANNOUNCED TIME AND DATE OF MEETING: 

Wednesday, January 16, 2013, 10 a.m.– 

11 a.m. 

MEETING CANCELED. For a recorded 

message containing the latest agenda 

information, call (301) 504–7948. 

CONTACT PERSON FOR ADDITIONAL

INFORMATION: Todd A. Stevenson, Office 

of the Secretary, 4330 East West 

Highway, Bethesda, MD 20814 (301) 

504–7923. 

Dated: January 15, 2013. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2013–01082 Filed 1–15–13; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, January 23, 

2013, 10:00 a.m.—11:00 a.m. 

PLACE: Room 420, Bethesda Towers, 

4330 East West Highway, Bethesda, 

Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 

Matters To Be Considered 

Briefing Matters: Sections 1112/1118 

Requirements for Third Party 

Conformity Assessment Bodies—Draft 

Final Rule 

A live webcast of the Meeting can be 

viewed at www.cpsc.gov/webcast. 

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: January 15, 2013. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2013–01030 Filed 1–15–13; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 13–C0002] 

The Bon-Ton Stores, 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 

below is a provisionally-accepted 

Settlement Agreement with The BonTon Stores, Inc., containing a civil 

penalty of $450,000.00, within twenty 

(20) days of service of the Commission’s 

final Order accepting the Settlement 

Agreement. 

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 

1, 2013. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 13–C0002, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Sean R. Ward, Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7602. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: December 12, 2012. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with the Consumer 

Product Safety Act, 15 U.S.C. 2051– 

2089 (CPSA) and 16 CFR 1118.20, The 

Bon-Ton Stores, Inc. (Bon-Ton) and staff 

of the U.S. Consumer Product Safety 

Commission (staff and Commission) 

hereby enter into this Settlement 

Agreement (Agreement). The Agreement 

and the incorporated attached Order 

resolve staff’s allegations set forth 

below. 


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3884 Federal Register / Vol. 78, No. 12 / Thursday, January 17, 2013 / Notices 

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. Bon-Ton is a corporation, organized 

and existing under the laws of the 

Commonwealth of Pennsylvania, with 

its principal corporate office located in 

York, PA. Bon-Ton is a retailer, selling 

a wide selection of apparel, shoes, 

jewelry, fragrances, and accessories. 

Staff Allegations 

4. Between September 2006 and 

September 2009, Bon-Ton purchased 

from three U.S. importers and 

distributed in commerce, approximately 

812 children’s upper outerwear 

garments with drawstrings (Garments) 

to consumers. The Garments were sold 

at retail stores in the United States for 

between $5 and $100. 

5. The Garments are ‘‘consumer 

products’’ and, at all relevant times, 

Bon-Ton was a ‘‘retailer’’ of these 

consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined or used in sections 

3(a)(5), (8), and (13) of the CPSA, 15 

U.S.C. 2052(a)(5), (8), and (13). 

6. In February 1996, staff issued the 

Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(Guidelines) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items, such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, staff recommends that there 

be no hood and neck drawstrings in 

children’s upper outerwear sized 2T to 

12. 

7. In June 1997, ASTM adopted a 

voluntary standard, ASTM F1816–97, 

which incorporated the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards and should be sure 

garments they sell conform to the 

voluntary standard. 

8. On May 19, 2006, the Commission 

posted on its Web site a letter from the 

Commission’s Director of the Office of 

Compliance directed to manufacturers, 

importers, and retailers of children’s 

upper outerwear. The letter urges them 

to make certain that all children’s upper 

outerwear sold in the United States 

complies with ASTM F1816–97. The 

letter states that staff considers 

children’s upper outerwear with 

drawstrings at the hood or neck area to 

be defective and to present a substantial 

risk of injury to young children under 

Federal Hazardous Substances Act 

(FHSA) section 15(c), 15 U.S.C. 1274(c). 

The letter also notes the CPSA’s section 

15(b) reporting requirements. 

9. On December 7, 2007, the Deputy 

Director of the Commission’s Office of 

Compliance sent directly to retailers, 

including Bon-Ton, an electronic mail 

reminder that children’s upper 

outerwear must comply with ASTM 

F1816–97. 

10. Bon-Ton’s distribution in 

commerce of the Garments did not meet 

the Guidelines or ASTM F1816–97; it 

failed to comport with staff’s May 2006 

defect notice; and it posed a 

strangulation hazard to children. 

11. On February 18, 2010, March 10, 

2010, and May 27, 2010, the 

Commission and three U.S. importers 

announced three recalls of the Garments 

that were distributed in commerce by 

Bon-Ton. Bon Ton was identified as a 

retailer of the Garments in the press 

release announcing the three recalls. 

The recalls informed consumers that 

they should immediately remove the 

drawstrings to eliminate the hazard. 

12. Bon-Ton had presumed and actual 

knowledge that the Garments 

distributed in commerce posed a 

strangulation hazard and presented a 

substantial risk of injury to children 

under FHSA section 15(c)(1), 15 U.S.C. 

1274(c)(1). Bon-Ton had obtained 

information that reasonably supported 

the conclusion that the Garments 

contained a defect that could create a 

substantial product hazard or that they 

created an unreasonable risk of serious 

injury or death. CPSA sections 15(b)(3) 

and (4), 15 U.S.C. 2064(b)(3) and (4), 

required Bon-Ton to inform the 

Commission immediately of the defect 

and risk. 

13. Bon-Ton knowingly failed to 

inform the Commission immediately 

about the Garments, as required by 

CPSA sections 15(b)(3) and (4), 15 

U.S.C. 2064(b)(3) and (4), and as the 

term ‘‘knowingly’’ is defined in CPSA 

section 20(d), 15 U.S.C. 2069(d). This 

failure violated CPSA section 19(a)(4), 

15 U.S.C. 2068(a)(4). Pursuant to CPSA 

section 20, 15 U.S.C. 2069, this failure 

subjected Bon-Ton to civil penalties. 

Bon-Ton’s Response 

14. Bon-Ton denies staff’s allegations 

set forth in paragraphs 4 through 13, 

supra, including, but not limited to, the 

allegations that the Garments contained 

a defect which could create a substantial 

product hazard pursuant to section 15(a) 

of the CPSA, and that Bon-Ton failed to 

inform the Commission immediately 

about the Garments, as required by 

section 15(b) of the CPSA, supra. This 

payment is made in settlement of the 

staff allegations. Neither the payment, 

nor the fact of entering into this 

Settlement Agreement, constitutes 

evidence of, or an admission of, any 

fault, liability, or statutory or regulatory 

violation by Bon-Ton or any admission 

by Bon-Ton of the accuracy of any 

allegations made by staff. 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Bon-Ton. 

16. In settlement of staff’s allegations, 

Bon-Ton shall pay a civil penalty in the 

amount of $450,000.00 within 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 

www.pay.gov. 

17. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute any 

admission by Bon-Ton, nor does it 

constitute any determination by the 

Commission that Bon-Ton violated 

CPSA’s reporting requirements. 

18. 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 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). 

19. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Bon-Ton 

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 Bon-Ton 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. 

20. The Commission may publicize 

the terms of the Agreement and the 

Order. 

21. The Agreement and the Order 

shall apply to, and be binding upon, 

Bon-Ton and each of its successors and/ 

or assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

Bon-Ton and each of its successors and/ 

or assigns to appropriate legal action. 


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Federal Register / Vol. 78, No. 12 / Thursday, January 17, 2013 / Notices 3885 

23. 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. 

24. 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 Bon-Ton 

agree that severing the provision 

materially affects the purpose of the 

Agreement and Order. This agreement 

may be signed in counterparts. 

THE BON-TON STORES, INC. 

Dated: 11/28/12. 

By: 

lllllllllllllllllllll

J. Gregory Yawman, Esquire, 

Vice President and General Counsel. 

The Bon-Ton Stores, Inc., 2801 East Market 

Street, York, PA 17402. 

Dated: 11/30/12 

By: 

lllllllllllllllllllll

Timothy L. Mullin, Jr., Esquire, 

Miles & Stockbridge P.C. 

10 Light Street, Baltimore, MD 21202–1487, 

Counsel for The Bon-Ton Stores, Inc. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Mary T. Boyle, 

Acting General Counsel. 

Mary B. Murphy, 

Assistant General Counsel. 

Dated: 11/30/12. 

By: 

lllllllllllllllllllll

Sean R. Ward, 

Trial Attorney, Office of the General 

Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between The 

Bon-Ton Stores, Inc. (Bon-Ton), and the 

U.S. Consumer Product Safety 

Commission (Commission) staff, and the 

Commission having jurisdiction over 

the subject matter and over Bon-Ton, 

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 Bon-Ton shall 

pay a civil penalty in the amount of 

$450,000.00 within 20 calendar days of 

receiving service of the Commission’s 

final Order accepting the Settlement 

Agreement. The payment shall be made 

electronically to the CPSC via 

www.pay.gov. Upon the failure of BonTon to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Bon-Ton 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 7th day 

of December, 2012. 

By Order of the Commission: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2013–00893 Filed 1–16–13; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; 

Research Fellowships Program 

AGENCY: Office of Special Education and 

Rehabilitative Service, National Institute 

on Disability and Rehabilitation 

Research (NIDRR), Department of 

Education. 

ACTION: Notice. 

Overview Information: Research 

Fellowships Program. 

Notice inviting applications for new 

awards for fiscal year (FY) 2013. 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.133F–1. 

DATES:

Applications Available: January 17, 

2013. 

Date of Pre-Application Meeting: 

February 7, 2013. 

Deadline for Transmittal of 

Applications: March 18, 2013. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purpose of 

the Research Fellowships Program is to 

build research capacity by providing 

support to highly qualified individuals, 

including those who are individuals 

with disabilities, to perform research on 

the rehabilitation of individuals with 

disabilities. 

Fellows must conduct original 

research in an area authorized by 

section 204 of the Act. Section 204 

authorizes research, demonstration 

projects, training, and related activities, 

the purposes of which are to develop 

methods, procedures, and rehabilitation 

technology that maximize the full 

inclusion and integration into society, 

employment, independent living, family 

support, and economic and social selfsufficiency, of individuals with 

disabilities, especially individuals with 

the most significant disabilities, and to 

improve the effectiveness of services 

authorized under the Act. 

Note: This program is in concert with 

NIDRR’s currently approved long-range plan 

(the Plan). The Plan is comprehensive and 

integrates many issues relating to disability 

and rehabilitation research topics. The Plan, 

which was published in the Federal Register 

on February 15, 2006 (71 FR 8166), can be 

accessed on the Internet at the following site: 

www2.ed.gov/legislation/FedRegister/other/ 

2006-1/021506d.html. 

Through the implementation of the 

Plan, NIDRR seeks to: (1) Improve the 

quality and utility of disability and 

rehabilitation research; (2) foster an 

exchange of expertise, information, and 

training to facilitate the advancement of 

knowledge and understanding of the 

unique needs of traditionally 

underserved populations; (3) determine 

the best strategies and programs to 

improve rehabilitation outcomes for 

underserved populations; (4) identify 

research gaps; (5) identify mechanisms 

for integrating research and practice; 

and (6) disseminate findings. 

Priorities: Under this competition we 

are particularly interested in 

applications that address one or more of 

the following priorities. 

Invitational Priorities: Under 34 CFR 

75.105(c)(1) we do not give an 

application that meets these invitational 

priorities a competitive or absolute 

preference over other applications. 

These priorities are: 

(1) The Secretary is particularly 

interested in applications from eligible 

applicants who are individuals with 

disabilities. 

(2) The Secretary is particularly 

interested in applications that result in 

practical methods of improving 

participation and community living and 

employment outcomes for individuals 

with disabilities. 

Note: The Secretary is interested in 

outcomes-oriented research projects that use 

rigorous scientific methodologies. To address 

this interest, applicants are encouraged to 

articulate goals, objectives, and expected 

outcomes for the proposed research 

activities. Proposals should describe how 

results and planned outputs are expected to 

contribute to advances in knowledge or 

improvements in policy and practice. 

Applicants should propose projects that are 

optimally designed to be consistent with 

these goals. Submission of the information 

identified under this paragraph is not 

required by law or regulation, but is desired. 


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