58560 Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), a final 

determination has been made that the 

activities proposed are categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Authority 

Scientific research permits are issued 

in accordance with section 10(a)(1)(A) 

of the ESA (16 U.S.C. 1531 et seq.) and 

regulations governing listed fish and 

wildlife permits (50 CFR 222–226). 

NMFS issues permits based on finding 

that such permits: (1) are applied for in 

good faith; (2) if granted and exercised, 

would not operate to the disadvantage 

of the listed species that are the subject 

of the permit; and, (3) are consistent 

with the purposes and policy of section 

2 of the ESA. The authority to take 

listed species is subject to conditions set 

forth in the permits. 

Dated: August 22, 2023. 

Angela Somma, 

Chief, Endangered Species Division, Office 

of Protected Resources, National Marine 

Fisheries Service. 

[FR Doc. 2023–18420 Filed 8–25–23; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Request for Public Comment on Draft 

Hydrographic Survey Specifications 

and Deliverables 

AGENCY: Office of Coast Survey, 

National Ocean Service, National 

Oceanic and Atmospheric 

Administration, Department of 

Commerce. 

ACTION: Request for comments. 

SUMMARY: National Oceanic and 

Atmospheric Administration’s 

(NOAA’s) Office of Coast Survey (OCS) 

requests public comment from all 

interested parties on a draft of the 

newly-revised Hydrographic Survey 

Specifications and Deliverables 

document (HSSD). The HSSD has been 

rewritten to be more forward looking 

with respect to new and developing 

technologies, best facilitate the use of 

automated tools, and better integrate 

with the S–100 based products and the 

National Bathymetric Source (NBS), 

which is the OCS database for bestavailable bathymetry. Additionally, the 

revised HSSD will better accommodate 

the increasing amounts of hydrographic 

data obtained from external sources, 

with metadata tags to denote data 

quality and universal data licenses to 

define terms of use, which will result in 

more streamlined, standardized 

workflows. Numerous subject matter 

experts collaborated to modernize the 

HSSD so that it best supports OCS as a 

data-driven organization. 

DATES: Comments must be received via 

email by 5 p.m. ET on October 12, 2023. 

ADDRESSES: A copy of the revised HSSD 

may be downloaded or viewed at: 

https://nauticalcharts.noaa.gov/ 

publications/docs/standards-andrequirements/specs/HSSD_2023-2- 

02.pdf. 

All comments must be submitted by 

email to hssd.staff@noaa.gov by 5 p.m. 

ET on October 12, 2023. 

Instructions: Please include ‘‘Public 

Comment on Revised HSSD’’ in the 

subject line of the email message. If 

applicable, clearly indicate the HSSD 

section and page number to which 

submitted comments pertain. All 

submissions must be in English. Email 

attachments will be accepted in plain 

text, Microsoft Word, or Adobe PDF 

formats only. Each individual or 

institution is requested to submit only 

one comment. Please note that the U.S. 

Government will not pay for response 

preparation or the use of any 

information contained in the response. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Matt Wilson, 

NOAA Office of Coast Survey, at 

hssd.staff@noaa.gov, (757) 828–6915. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Coast and Geodetic 

Survey Act, 33 U.S.C. 883 et seq., and 

the Hydrographic Services Improvement 

Act, 33 U.S.C. 892 et seq., NOAA 

promulgates standards and 

specifications for hydrographic data in 

the HSSD in order to ensure safe and 

efficient navigation in support of our 

maritime economy. NOAA has revised 

the HSSD to better accommodate new 

and developing technologies and 

increasing amounts of externallysourced hydrographic data submissions. 

The revised HSSD facilitates more 

streamlined workflows via critical 

metadata tags and universal data 

licenses, and is better integrated with 

the NBS program, for a more efficient 

means of product generation and public 

access to our national bathymetry. 

Authority: 33 U.S.C. 883 et seq.; 33 

U.S.C. 892 et seq. 

RDML Benjamin K. Evans, 

Director, Office of Coast Survey, National 

Ocean Service, National Oceanic and 

Atmospheric Administration. 

[FR Doc. 2023–18525 Filed 8–25–23; 8:45 am] 

BILLING CODE 3510–JE–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XD239] 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of a public meeting. 

SUMMARY: The New England Fishery 

Management Council (Council) is 

scheduling a public meeting of its 

Monkfish Committee via webinar to 

consider actions affecting New England 

fisheries in the exclusive economic zone 

(EEZ). Recommendations from this 

group will be brought to the full Council 

for formal consideration and action, if 

appropriate. 

DATES: This webinar will be held on 

Wednesday, September 13, 2023, from 9 

a.m. to 1 p.m. 

ADDRESSES: 

Webinar registration URL 

information: https://attendee.

gotowebinar.com/register/ 

774583284656558933. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: 

Thomas A. Nies, Executive Director, 

New England Fishery Management 

Council; telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: 

Agenda 

The Monkfish Committee will meet to 

receive Advisory Panel comments on 

fishery performance and outlook for the 

remainder of fishing year 2023, as well 

as reviewing the outcomes and 

recommendations of the Monkfish 

Research-Set-Aside (RSA) Working 

Group and make recommendations to 

the Council on next steps with the RSA 

program. They will make 

recommendations to the Council for 

monkfish-related work in 2024, which 

could include developing regulatory 

changes to the RSA program. 


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Federal Register / Vol. 88, No. 165 / Monday, August 28, 2023 / Notices 58561 

Other business will be discussed as 

necessary. 

Although non-emergency issues not 

contained on the agenda may come 

before this Council for discussion, those 

issues may not be the subject of formal 

action during this meeting. Council 

action will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided the public has 

been notified of the Council’s intent to 

take final action to address the 

emergency. The public also should be 

aware that the meeting will be recorded. 

Consistent with 16 U.S.C. 1852, a copy 

of the recording is available upon 

request. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to 

Thomas A. Nies, Executive Director, at 

(978) 465–0492, at least 5 days prior to 

the meeting date. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: August 22, 2023. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–18434 Filed 8–25–23; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 23–C0003] 

Whirlpool Corporation 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Commission publishes in 

the Federal Register any settlement that 

it provisionally accepts under the 

Consumer Product Safety Act. 

Published below is a provisionally 

accepted Settlement Agreement with 

Whirlpool Corporation containing a 

civil penalty in the amount of 

$11,500,000, subject to the terms and 

conditions of the Settlement Agreement. 

The Commission voted unanimously (4– 

0) to provisionally accept the proposed 

Settlement Agreement and Order 

pertaining to Whirlpool Corporation. 

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 September 

12, 2023. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to 

Comment 23–C0003, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (240) 

863–8938 (mobile), (301) 504–7479 

(office); email: cpsc-os@cpsc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Kessler, Trial Attorney, Division 

of Enforcement and Litigation, Office of 

Compliance and Field Operations, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814; jkessler@cpsc.gov, 

301–504–7602 (office). 

SUPPLEMENTARY INFORMATION: The text of 

the Settlement Agreement and Order 

appear below. 

Dated: August 23, 2023. 

Alberta E. Mills, 

Secretary. 

United States of America 

Consumer Product Safety Commission 

In the Matter of: Whirlpool Corporation 

CPSC Docket No.: 23–C0003 

Settlement Agreement 

1. In accordance with the Consumer 

Product Safety Act, 15 U.S.C. 2051– 

2089 (‘‘CPSA’’), and 16 CFR 1118.20, 

Whirlpool Corporation (‘‘Whirlpool’’ or 

the ‘‘Firm’’), and the United States 

Consumer Product Safety Commission 

(‘‘Commission’’), through its staff, 

hereby enter into this Settlement 

Agreement (‘‘Agreement’’). The 

Agreement and the incorporated 

attached Order resolve staff’s charges set 

forth below. 

The Parties 

2. The Commission is an independent 

federal regulatory agency, established 

pursuant to, and responsible for, the 

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

2051–2089. By executing the 

Agreement, staff is acting on behalf of 

the Commission, pursuant to 16 CFR 

1118.20(b). The Commission issues the 

Order under the provisions of the CPSA. 

3. Whirlpool is a corporation, 

organized and existing under the laws of 

the state of Delaware, with its principal 

place of business in Benton Harbor, 

Michigan. 

Staff Charges 

4. Between December 2016 and July 

2019, Whirlpool manufactured and 

distributed in the United States 

approximately 20,000 units of various 

KitchenAid, Whirlpool, and JennAir 

electric radiant heat glass cooktops, 

model numbers KCES950HSS, 

KCES950HBL, KCES956HSS, 

KCES956HBL, WCE97US0HS, 

WCE97US0HB, WCE97US6HS, 

WCE97US6HB, JEC4430HS, JEC4430HB, 

JEC4536HS, JEC4536HB, JEC4424HB, 

JED4430GB, JED4430GS, JED4536GB, 

and JED4536GS (‘‘Subject Products’’). 

5. The Subject Products are 

‘‘consumer products’’ that were 

‘‘manufactured’’ and ‘‘distribut[ed] in 

commerce,’’ as those terms are defined 

or used in sections 3(a)(5), (7), and (10) 

of the CPSA, 15 U.S.C. 2052(a)(5), (8), 

and (10). Whirlpool is a ‘‘manufacturer’’ 

of the Subject Products, as such term is 

defined in section 3(a)(11) of the CPSA, 

15 U.S.C. 2052(a)(11). 

Violation of CPSA Section 19(a)(4) 

6. The Subject Products contain a 

defect which could create a substantial 

product hazard or create an 

unreasonable risk of serious injury or 

death because one or more cooktop 

surface elements can turn on by 

themselves, posing a fire and burn 

hazard. 

7. Beginning in November 2017 and 

continuing into 2019, Whirlpool 

received numerous reports from 

consumers that cooktop surface 

elements turned on by themselves. 

8. Between 2007 and 2015, CPSC had 

publicly announced at least five recalls 

involving gas or electric cooktops 

manufactured by other firms reportedly 

turning on by themselves or not turning 

off, with each recall announcement 

warning that the defect presented a fire 

or burn hazard. 

9. Despite possessing information that 

reasonably supported the conclusion 

that the Subject Products contained a 

defect that could create a substantial 

product hazard or created an 

unreasonable risk of serious injury or 

death, Whirlpool did not immediately 

report to the Commission. 

10. By the time Whirlpool filed an 

initial report with the Commission 

under 15 U.S.C. 2064(b) concerning the 

Subject Products, the Firm had received 

at least 157 reports of Subject Products 

turning on by themselves, including 14 

reports of property damage, four reports 

of objects igniting, and two reports of 

minor burns. 

11. The Commission and Whirlpool 

jointly announced the recall of the 

Subject Products on August 28, 2019. 

Failure to Timely Report 

12. Despite having information 

reasonably supporting the conclusion 

that the Subject Products contained a 

defect or created an unreasonable risk of 

serious injury or death, Whirlpool did 

not notify the Commission immediately 

of such defect or risk, as required by 

section 15(b)(4) of the CPSA, 15 U.S.C. 


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