63908 Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices 

28. Henry Gordy is entering into this 

Agreement for settlement purposes only, 

and it has made a business decision to 

avoid additional expenses and 

distractions related to further 

administrative process and litigation. 

Agreement of the Parties 

29. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Henry Gordy. 

30. In settlement of staff’s allegations, 

Henry Gordy shall pay a civil penalty in 

the amount of one million, one hundred 

thousand dollars ($1,100,000.00) within 

twenty (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: http://www.pay.gov. 

31. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Henry Gordy or a 

determination by the Commission, that 

Henry Gordy knowingly violated the 

CPSA or the CSPA. 

32. 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(s) 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). 

33. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Henry Gordy 

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 of 

whether Henry Gordy failed to comply 

with the CPSA and the underlying 

regulations; (iv) a determination by the 

Commission of whether Henry Gordy 

failed to comply with the CSPA and the 

underlying regulations; (v) a statement 

of findings of fact and conclusions of 

law; and (vi) any claims under the Equal 

Access to Justice Act. 

34. The Commission may publicize 

the terms of the Agreement and the 

Order. 

35. Henry Gordy shall comply with 

the provisions of the Agreement and 

Order. 

36. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

Henry Gordy to appropriate legal action. 

37. 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. 

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 Henry 

Gordy agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. The 

Agreement may be signed in 

counterparts. 

Henry Gordy International, Inc. 

Dated: September 23, 2011. 

By: lllllllllllllllllll

David Segal, 

President, 

Henry Gordy International, Inc., 

P.O. Box 2769, 900 North Avenue, 

Plainfield, New Jersey 07062–0769, and 

Dated: September 26, 2011. 

By: lllllllllllllllllll

Bridget E. Calhoun, 

Esq., 

Crowell & Moring LLP, 

1001 Pennsylvania Ave., NW., 

Washington, D.C. 20004. 

Counsel for Henry Gordy International, Inc., 

U.S. Consumer Product Safety Commission 

Staff, 

Cheryl A. Falvey, 

General Counsel. 

Melissa V. Hampshire, 

Assistant General Counsel. 

Dated: September 28, 2011. 

By: lllllllllllllllllll

Patricia Kennedy Vieira, Esq., 

Division of Enforcement and Information, 

Office of the General Counsel. 

lllllllllllllllllllll

lllllllllllllllllllll

Order 

Upon consideration of the Settlement 

Agreement entered into between Henry 

Gordy International, Inc., its current 

and/or former corporate parent(s), 

affiliates, successors, and/or assigns, 

and any and/or all current and/or 

former directors, officers, agents, and 

employees (collectively ‘‘Henry Gordy’’) 

and the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over Henry 

Gordy, 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 Henry Gordy 

shall pay a civil penalty in the amount 

of one million one hundred thousand 

dollars ($1,100,000.00) within twenty 

(20) days of service of the Commission’s 

final Order accepting the Settlement 

Agreement. The payment shall be made 

electronically to the CPSC via: http:// 

www.pay.gov. Upon the failure of Henry 

Gordy to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Henry Gordy at the Federal legal rate of 

interest set forth at 28 U.S.C. 1961(a) 

and (b). (continued on next page) 

Provisionally accepted and provisional 

Order issued on the 7th day of October, 2011. 

BY ORDER OF THE COMMISSION: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, 

U.S. Consumer Product Safety Commission. 

[FR Doc. 2011–26662 Filed 10–13–11; 8:45 am] 

BILLING CODE 6355–01–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Sunshine Act Notice 

The Board of Directors of the 

Corporation for National and 

Community Service gives notice of the 

following meeting: 

DATE AND TIME: Thursday, October 20, 

2011, 10:30 a.m.–12 p.m. 

PLACE: Corporation for National and 

Community Service, 1201 New York 

Avenue, NW., Suite 8312, Washington, 

DC 20525 (Please go to 10th floor 

reception area for escort). 

CALL-IN INFORMATION: This meeting is 

available to the public through the 

following toll-free call-in number: 888– 

946–3503 conference call access code 

number 6754733. Any interested 

member of the public may call this 

number and listen to the meeting. 

Callers can expect to incur charges for 

calls they initiate over wireless lines, 

and the Corporation will not refund any 

incurred charges. Callers will incur no 

charge for calls they initiate over landline connections to the toll-free 

telephone number. Replays are 

generally available one hour after a call 

ends. The toll-free phone number for the 

replay is 402–220–9658. The end replay 

date is October 27, 2011 10:59 p.m. 

Central Time. This meeting will also be 

broadcast live on the Web. Members of 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 199 / Friday, October 14, 2011 / Notices 63909 

the public may view proceedings by 

visiting http://www.nationalservice.gov/ 

about/newsroom/live.asp. 

STATUS: Open. 

Matters To Be Considered 

I. Chair’s Opening Comments 

II. Consideration of Previous Meeting’s 

Minutes 

III. CEO Report 

IV. Committee Reports: 

a. Oversight, Governance and Audit 

Committee 

b. External Relations Committee 

c. Program, Budget and Evaluation 

Committee 

V. Testimony on Accomplishments Achieved 

Through the Social Innovation Fund 

VI. Public Comments 

Members of the public who would 

like to comment on the business of the 

Board may do so in writing or in person. 

Individuals may submit written 

comments to esamose@cns.gov subject 

line: October 2011 CNCS Board Meeting 

by 12 noon on Tuesday October 18. 

Individuals attending the meeting in 

person who would like to comment will 

be asked to sign-in upon arrival. 

Comments are requested to be limited to 

2 minutes. 

REASONABLE ACCOMMODATIONS: The 

Corporation for National and 

Community Service provides reasonable 

accommodations to individuals with 

disabilities where appropriate. Anyone 

who needs an interpreter or other 

accommodation should notify Ida Green 

at igreen@cns.gov or 202–606–6861 by 5 

p.m., Monday, October 17, 2011. 

CONTACT PERSON FOR MORE INFORMATION: 

Emily Samose, Strategic Advisor for 

Board Engagement, Corporation for 

National and Community Service, 1201 

New York Avenue, NW., Washington, 

DC 20525. Phone: (202) 606–7564. Fax: 

(202) 606–3460. TTY: (800) 833–3722. 

E-mail: esamose@cns.gov. 

Dated: October 12, 2011. 

Valerie Green, 

General Counsel. 

[FR Doc. 2011–26819 Filed 10–12–11; 4:15 pm] 

BILLING CODE 6050–$$–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Draft Programmatic Environmental 

Impact Statement (EIS) for 

Modernization of Training 

Infrastructure at Po ̄hakuloa Training 

Area (PTA), Hawai‘i 

AGENCY: Department of the Army, DoD. 

ACTION: Notice of Availability. 

SUMMARY: The United States Army 

Pacific and United States Army 

Garrison, Hawai‘i propose to modernize 

training ranges, training support 

infrastructure (e.g., roads and utilities), 

and training support facilities in the 

cantonment area at PTA to meet the 

training requirements of military units 

in Hawai‘i. This modernization would 

improve the quality of training, make 

more efficient use of facilities at PTA 

and reduce a current shortfall in 

collective (group) live-fire training 

capabilities for units stationed in 

Hawai‘i. The shortfall has been created 

by ranges that do not meet current Army 

design standards or are otherwise not 

resourced to train platoon and 

company-sized units when they deploy 

with their battalions and brigades to 

PTA to conduct semiannual training. In 

addition, much of the training support 

facilities and training support 

infrastructure at PTA are old, are 

operating beyond their useful life and 

do not meet current DoD design 

standards as defined in the Military 

Standard 3007 Unified Facilities Criteria 

and Unified Facilities Guide 

Specifications. 

The Army provides a list of 

modernization projects that could be 

built in the reasonably foreseeable 

future within the Draft Programmatic 

EIS. The modernization list also 

includes requirements from the U.S. 

Marine Corps (another major user of 

PTA), with these projects being 

evaluated in the cumulative impacts 

section of the Draft Programmatic EIS. 

These projects are essential to support 

modernization of PTA, and to ensure 

that the Army and other users of PTA 

continue to have ready access to 

sustainable training ranges, training 

support infrastructure (e.g., roads and 

utilities), and training support facilities 

in the cantonment area. 

The Draft Programmatic EIS 

specifically addresses the requirement 

for an Infantry Platoon Battle Area 

(IPBA) at PTA that would include an 

Infantry Platoon Battle Course (IPBC), 

Live-fire Shoothouse, and Military 

Operations on Urban Terrain (MOUT) 

facility. Other projects on the 

modernization list are not fully mature 

because they are still in the planning 

process and are not yet ready for 

decision. The Army plans to tier from 

this Draft Programmatic EIS to address 

those projects at a time when design 

alternatives are ready for decision. The 

IPBA is the only modernization project 

ready for decision presently. 

DATES: The public comment period will 

end 45 days after publication of the 

notice of availability in the Federal 

Register by the U.S. Environmental 

Protection Agency. 

ADDRESSES: Written comments may be 

addressed to PTA PEIS, P.O. Box 514, 

Honolulu, HI 96809; facsimiles may be 

sent to (808) 545–6808; and emails may 

be addressed to PTAPEIS@bah.com. 

FOR FURTHER INFORMATION CONTACT: 

USAG–HI Public Affairs Office by 

phone at (808) 656–3152 Monday 

through Friday 9 a.m. to 5 p.m. HST. 

SUPPLEMENTARY INFORMATION: The Army 

examined the potential environmental 

impacts from siting and operating the 

IPBA at either the Western Range Area 

of PTA (preferred alternative), Charlie’s 

Circle, or near the southwest side of 

Range 20; or to not build and operate 

the IPBA at all. 

An IPBC is used to train and test 

infantry platoons, either mounted or 

dismounted, on the skills necessary to 

conduct tactical movement techniques, 

and to detect, identify, engage, and 

defeat stationary and moving infantry 

and armor targets in a tactical array. The 

Live-fire Shoothouse provides Army 

unit leaders with a facility to train and 

evaluate the unit during a live-fire 

exercise. The MOUT facility includes 

the construction or placement of 

approximately 24 modular structures to 

replicate small villages for units to 

complete training tasks in an urban/ 

semi-urban operating environment. 

Each proposed IPBA location would 

be sited within the existing impact area 

at PTA. For all alternatives (with the 

exception of No Action), the IPBA 

would be available 242 training days per 

year. 

Some of the major potential impacts 

discussed for the proposed IPBA are 

associated with the possible effects to 

air quality, historic resources, and 

threatened and endangered species; 

encountering munitions and explosives 

of concern; and igniting wildfires. The 

Army is formally consulting with the 

Hawai‘i State Historic Preservation 

Division and other consulting parties, 

and the U.S. Fish and Wildlife Service 

to determine the extent of impacts to 

cultural and biological resources, 

respectively. 

The other range-related 

modernization projects would have 

impacts similar to the IPBA; and, in 

addition, adverse construction-related 

impacts are possible in the cantonment 

area related to air quality, stormwater, 

and noise. The Army will examine all 

of these potential impacts more 

thoroughly in future project-specific 

National Environmental Policy Act 

documents. 

Copies of the Draft Programmatic EIS 

are available at the following libraries: 


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