Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 68591 

manager with authority to act as 

necessary; 

(viii) BJ’s senior management 

responsibility for, and general board 

oversight of, CPSA compliance, 

including the implementation of steps 

to ensure that incident and injury data 

is reviewed and analyzed for purposes 

of CPSA Section 15(b) reporting; 

(ix) for at least three (3) years, an 

annual internal audit of the 

effectiveness of policies, procedures, 

systems, and training related to CPSA 

compliance that evaluates opportunities 

for improvement, deficiencies or 

weaknesses, and the Firm’s overall 

culture of compliance; and 

(x) retention of all CPSA compliancerelated records for at least five (5) years, 

and availability of such records to CPSC 

staff upon request. 

28. BJ’s shall submit a report, sworn 

to under penalty of perjury: 

(i) describing in detail its compliance 

program and internal controls and the 

actions BJ’s has taken to comply with 

each subparagraph of paragraph 27; 

(ii) affirming that during the reporting 

period, BJ’s has reviewed its compliance 

program and internal controls, 

including the actions referenced in 

subparagraph (i) of this paragraph, for 

effectiveness, and that it complies with 

each subparagraph of paragraph 27, or 

describing in detail any non-compliance 

with any such subparagraph; and 

(iii) identifying the results of the 

annual internal audit referenced in 

paragraph 27(ix) and any changes or 

modifications made during the reporting 

period to BJ’s compliance program or 

internal controls to ensure compliance 

with the terms of the CPSA and, in 

particular, the requirements of CPSA 

Section 15 related to timely reporting. 

Such reports shall be submitted 

annually to the Director, Office of 

Compliance, Division of Enforcement 

and Litigation, for a period of three (3) 

years. The first report shall be submitted 

30 days after the close of the first 12- 

month reporting period, which begins 

on the date of the Commission’s Final 

Order of Acceptance of the Agreement, 

and successive reports shall be due 

annually on the same date thereafter. 

29. Notwithstanding and in addition 

to the above, upon request of staff, BJ’s 

shall promptly provide written 

documentation of any changes or 

modifications to its compliance program 

or internal controls and procedures, 

including the effective dates of the 

changes or modifications thereto. BJ’s 

shall cooperate fully and truthfully with 

staff and shall make available all nonprivileged information and materials 

and personnel deemed necessary by 

staff to evaluate BJ’s compliance with 

the terms of the Agreement. 

30. The parties acknowledge and 

agree that the Commission may 

publicize the terms of the Agreement 

and the Order. 

31. BJ’s represents that the 

Agreement: 

(i) is entered into freely and 

voluntarily, without any degree of 

duress or compulsion whatsoever; 

(ii) has been duly authorized; and 

(iii) constitutes the valid and binding 

obligation of BJ’s, enforceable against 

BJ’s in accordance with its terms. The 

individuals signing the Agreement on 

behalf of BJ’s represent and warrant that 

they are duly authorized by BJ’s to 

execute the Agreement. 

32. The signatories represent that they 

are authorized to execute this 

Agreement. 

33. The Agreement is governed by the 

laws of the United States. 

34. The Agreement and the Order 

shall apply to, and be binding upon, BJ’s 

and each of its parents, successors, 

transferees, and assigns; and a violation 

of the Agreement or Order may subject 

BJ’s, and each of its parents, successors, 

transferees, and assigns, to appropriate 

legal action. 

35. The Agreement, any attachments, 

and the Order constitute the complete 

agreement between the parties on the 

subject matter contained therein. 

36. 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. For purposes of 

construction, the Agreement shall be 

deemed to have been drafted by both of 

the parties and shall not, therefore, be 

construed against any party, for that 

reason, in any subsequent dispute. 

37. The Agreement may not be 

waived, amended, modified, or 

otherwise altered, except as in 

accordance with the provisions of 16 

CFR 1118.20(h). The Agreement may be 

executed in counterparts. 

38. 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 BJ’s agree in 

writing that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

(Signatures on next page) 

BJ’S WHOLESALE CLUB, INC. 

Dated: 9/7/2023 

By: /s/ lllllllllllllllll

Graham Luce, BJ’s Wholesale Club, Inc., EVP 

General Counsel 

Dated: 9/7/2023 

By: /s/ lllllllllllllllll

Erik Swanholt, Foley & Lardner, Counsel to 

BJ’s Wholesale Club, Inc. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION 

Mary B. Murphy, Director, Leah Ippolito, 

Supervisory Attorney, Division of 

Enforcement and Litigation 

Dated: lllllllllllllllll

By: lllllllllllllllllll

Mark S. Raffman, Trial Attorney, Division of 

Enforcement and Litigation, Office of 

Compliance and Field Operations 

United States of America 

Consumer Product Safety Commission 

In the Matter of: BJ’S WHOLESALE CLUB, 

INC. 

CPSC Docket No.: 23–C0004 

Order 

Upon consideration of the Settlement 

Agreement entered into between BJ’s 

Wholesale Club, Inc. (‘‘BJ’s’’) and the 

U.S. Consumer Product Safety 

Commission (‘‘Commission’’ or 

‘‘CPSC’’), and the Commission having 

jurisdiction over the subject matter and 

over BJ’s, and it appearing that the 

Settlement Agreement is in the public 

interest, the Settlement Agreement is 

incorporated by reference and it is: 

Provisionally accepted and this Order 

issued on the 29th day of September, 

2023. 

BY ORDER OF THE COMMISSION: 

/s/ lllllllllllllllllll

Alberta E. Mills, Secretary, U.S. Consumer 

Product Safety Commission 

[FR Doc. 2023–21985 Filed 10–3–23; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2023–OS–0095] 

Submission for OMB Review; 

Comment Request 

AGENCY: All-domain Anomaly 

Resolution Office (AARO), Office of the 

Secretary of Defense (OSD), Department 

of Defense (DoD). 

ACTION: Emergency information 

collection notice. 

SUMMARY: Consistent with the 

Paperwork Reduction Act of 1995 and 

its implementing regulations, this 

document provides notice that DoD is 

submitting an Information Collection 


lotter on DSK11XQN23PROD with NOTICES1
68592 Federal Register / Vol. 88, No. 191 / Wednesday, October 4, 2023 / Notices 

Request to the Office of Management 

and Budget (OMB). DoD requests 

emergency processing and OMB 

authorization to collect the information 

after publication of this notice for a 

period of six months. 

DATES: Comments must be received by 

October 16, 2023. 

ADDRESSES: The Department has 

requested emergency processing from 

OMB for this information collection 

request by 10 days after publication of 

this notice. Interested parties can access 

the supporting materials and collection 

instrument as well as submit comments 

and recommendations to OMB at 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

10-day Review—Open for Public 

Comments’’ or by using the search 

function. Comments submitted in 

response to this notice will be 

summarized and included in the request 

for OMB approval of this information 

collection. They will also become a 

matter of public record. 

FOR FURTHER INFORMATION CONTACT: 

Angela Duncan, 571–372–7574, or 

whs.mc-alex.esd.mbx.dd-dodinformation-collections@mail.mil. 

SUPPLEMENTARY INFORMATION: The 

AARO Contact Form for Authorized 

Reporting information collection will be 

used to gather contact information, to 

include Personally Identifiable 

Information (PII), from members of the 

public. The collection is necessary to 

enable the All-domain Anomaly 

Resolution Office (AARO), Office of the 

Secretary of Defense, Department of 

Defense, to meet its statutory 

requirements. FY23 NDAA, Section 

1673, ‘‘Unidentified Anomalous 

Phenomena Reporting Procedures’’ 

requires that the Secretary of Defense 

‘‘issue clear public guidance for how to 

securely access the mechanism for 

authorized reporting’’ no later than 180 

days from enactment, which was June 

2023. Furthermore, Section 1683 of the 

FY23 NDAA requires AARO to produce 

a Historical Record Report detailing the 

historical record of the United States 

government relating to unidentified 

anomalous phenomena (UAP). To meet 

this requirement, AARO relies on the 

‘‘AARO Contact Form’’ to receive 

reports from individuals with 

knowledge of potential UAP programs. 

Title; Associated Form; and OMB 

Number: AARO Contact Form for 

Authorized Reporting; OMB Control 

Number 0704–AARO. 

Type of Request: New. 

Number of Respondents: 2,500. 

Responses per Respondent: 1. 

Annual Responses: 2,500. 

Average Burden per Response: 5 

minutes. 

Annual Burden Hours: 208. 

Affected Public: Individuals or 

households. 

Frequency: On occasion. 

Respondent’s Obligation: Voluntary. 

Request for Comments 

Comments are invited on: (1) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of DOD, including 

whether the information collected has 

practical utility; (2) the accuracy of 

DOD’s estimate of the burden (including 

hours and cost) of the proposed 

collection of information; (3) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(4) ways to minimize the burden of the 

collection of information on 

respondents, including automated 

collection techniques or the use of other 

forms of information technology. 

Dated: September 29, 2023. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2023–22105 Filed 9–29–23; 4:15 pm] 

BILLING CODE 5001–06–P 

DEPARTMENT OF ENERGY 

Senior Executive Service Performance 

Review Board 

AGENCY: Department of Energy. 

ACTION: Designation of performance 

review board standing register. 

SUMMARY: This notice provides the 

Performance Review Board Standing 

Register for the Department of Energy. 

This listing supersedes all previously 

published lists of PRB members. 

DATES: This appointment is effective as 

of September 29, 2023. 

Bell, Melody C. 

Bishop, Tracey A. 

Budney, Michael D. 

deBeauclair, Geoffrey G. 

Dehaven, Darrel S. 

Hine, Scott E. 

Hoffman, Patricia A. 

Kremer, Kevin P. 

Lally, Brian J. 

Lee, Terri T. 

Miller, Michael P. 

Montoya, Michael M. 

Mullis, John A. 

Nelson-Jean, Nicole 

Passarelli, Derek G. 

Richards, Jocelyn E. 

Schultz, Douglas W. 

Susut, Ceren 

Turnure, James T. 

Signing Authority 

This document of the Department of 

Energy was signed on September 29, 

2023, by Henry Greene, Director of the 

Executive Programs Division, Office of 

Corporate Executive Management, 

Office of the Chief Human Capital 

Officer, pursuant to delegated authority 

from the Secretary of Energy. That 

document with the original signature 

and date is maintained by DOE. For 

administrative purposes only, and in 

compliance with requirements of the 

Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 

sign and submit the document in 

electronic format for publication as an 

official document of the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on September 

29, 2023. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2023–22002 Filed 10–3–23; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Senior Executive Service Performance 

Review Board 

AGENCY: Department of Energy. 

ACTION: Designation of performance 

review board chair. 

SUMMARY: This notice provides the 

Performance Review Board Chair 

designee for the Department of Energy. 

This listing supersedes all previously 

published lists of Performance Review 

Board Chair. 

DATES: This appointment is effective as 

of September 29, 2023. 

Dennis M. Miotla (Primary) 

Steven K. Black (Alternate) 

Signing Authority 

This document of the Department of 

Energy was signed on September 29, 

2023, by Henry Greene, Director of the 

Executive Programs Division, Office of 

Corporate Executive Management, 

Office of the Chief Human Capital 

Officer, pursuant to delegated authority 

from the Secretary of Energy. That 

document with the original signature 

and date is maintained by DOE. For 

administrative purposes only, and in 

compliance with requirements of the 

Office of the Federal Register, the 

undersigned DOE Federal Register 

Liaison Officer has been authorized to 


lotter on DSK11XQN23PROD with NOTICES1