Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices 37793 

MBNMS. Therefore, NMFS has 

determined that a new or supplemental 

EA or Environmental Impact Statement 

is unnecessary, and reaffirms the 

existing FONSI for this action. The 

existing EA and FONSI for this action 

are available for review at http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. 

Determinations 

NMFS has determined that the impact 

of conducting the specific activities 

described in this notice and in the IHA 

request in the specific geographic region 

in California may result, at worst, in a 

temporary modification in behavior 

(Level B harassment) of small numbers 

of marine mammals. Further, this 

activity is expected to result in a 

negligible impact on the affected species 

or stocks of marine mammals. The 

provision requiring that the activity not 

have an unmitigable impact on the 

availability of the affected species or 

stock of marine mammals for 

subsistence uses is not implicated for 

this action. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to MBNMS to 

permit fireworks displays in the coastal 

waters of California from the period of 

July 4, 2011, through July 3, 2012, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. 

Dated: June 23, 2011. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2011–16204 Filed 6–27–11; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 11–C0005] 

Viking Range Corporation, 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 Viking 

Range Corporation, containing a civil 

penalty of $450,000.00. 

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 July 13, 

2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 11–C0005, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

William J. 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) 504–7583. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: June 21, 2011. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Viking Range Corporation (‘‘Viking’’) 

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. Viking is a corporation organized 

and existing under the laws of the State 

of Mississippi, with its principal 

corporate office located at 111 W. Front 

Street, Greenwood, Mississippi. 

Staff Allegations 

4. Between 1999 and April 2006, 

Viking manufactured and distributed 

approximately forty-five thousand 

(45,000) built-in, 48 inch, side-by-side 

refrigerators and 36 inch refrigerators 

with bottom freezers under the Viking 

brand name (the ‘‘Refrigerators’’). The 

Refrigerators were sold nationwide 

through retailers and authorized Viking 

distributors for between $4,700 and 

$6,400. 

5. The Refrigerators are ‘‘consumer 

products’’ and, at all times relevant 

hereto, Viking 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 Refrigerators are defective 

because the ‘‘tower’’ hinges attaching 

the Refrigerator door to the cabinet can 

detach, allowing the door to fall on 

consumers. 

7. Viking received its first complaints 

involving hinge failure in January 2001 

and introduced redesigned hinges by 

January 2002. 

8. By September 2006, Viking stopped 

using the ‘‘tower’’ hinge on new 

production. By April 2008, Viking had 

received eight injury complaints. In 

April 2008, Viking developed a new 

field repair fix kit for consumers whose 

refrigerators exhibited problems with 

the hinges. 

9. Despite being aware of the 

information set forth in Paragraphs six 

through eight, Viking did not report to 

the Commission until April of 2009. By 

that time, Viking was aware of at least 

ten injury reports involving Refrigerator 

hinge failures. The Refrigerators were 

recalled in June of 2009. 

10. Although Viking had obtained 

sufficient information to reasonably 

support the conclusion that the 

Refrigerators contained a defect which 

could create a substantial product 

hazard, or created an unreasonable risk 

of serious injury or death, Viking 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, Viking 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, Viking is subject 

to civil penalties for its knowing failure 

to report as required under section 15(b) 

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

Response of Viking Range Corporation 

12. Viking denies the allegations of 

the Staff that the Refrigerators 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 Viking. 

mstockstill on DSK4VPTVN1PROD with NOTICES

37794 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices 

14. In settlement of the Staff’s 

allegations, Viking shall pay a civil 

penalty in the amount of four hundred 

fifty thousand dollars ($450,000.00) 

within twenty (60) 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. 

15. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Viking or a determination 

by the Commission that Viking 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, Viking 

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 Viking 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 

Viking 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 

Viking and each of its successors and/ 

or 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 

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 Viking agree 

that severing the provision materially 

affects the purpose of the Agreement 

and the Order. 

VIKING RANGE CORPORATION 

Dated: 5/19/11 

By: Fred Carl, Jr., President and Chairman 

of the Board, Viking Range Corporation, 

111 W. Front Street, Greenwood, MS 

38930. 

Dated: 5/20/11 

By: Michael J. Gidding, Esquire, Brown & 

Gidding PC, 3201 New Mexico Avenue, 

NW, Suite 242, Washington, DC 20016– 

2756, Counsel for Viking Range Corporation. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, General Counsel. 

Mary B. Murphy, Assistant General Counsel 

Dated: 6/17/11 

By: William J. Moore, Jr, Trial Attorney, Division of Compliance, Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Viking 

Range Corporation (‘‘Viking’’), and the 

U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over Viking, 

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 Viking shall pay 

a civil penalty in the amount of four 

hundred fifty thousand dollars 

($450,000.00) within sixty (60) days of 

service of the Commission’s final Order 

accepting the Settlement Agreement. 

The payment shall be made by 

electronically to the CPSC via http:// 

www.pay.gov. Upon the failure of 

Viking to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Viking 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 17th day of June, 2011. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–16198 Filed 6–27–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Air Force 

U.S. Air Force Academy Board of 

Visitors; Notice of Meeting 

AGENCY: U.S. Air Force Academy 

Board of Visitors, DoD. 

ACTION: Meeting notice. 

SUMMARY: In accordance with 10 

U.S.C. 9355, the United States Air Force 

Academy (USAFA) Board of Visitors 

(BoV) will meet in Harmon Hall, 2304 

Cadet Drive, Suite 3300, at USAFA in 

Colorado Springs, CO, on July 15–16, 

2011. Activities will begin on Friday, 

July 15 at 10 a.m. with an optional tour, 

and the formal meeting will convene at 

1:30 p.m. The next day, the activities 

will begin at 7 a.m. and the formal 

meeting will convene at 8:15 a.m. The 

purpose of this meeting is to review 

morale and discipline, social climate, 

curriculum, instruction, infrastructure, 

fiscal affairs, academic methods, and 

other matters relating to the Academy. 

Specific topics for this meeting include 

a USAFA metrics review, the USAFA 

Diversity strategic plan, the USAFA 

Prep School mission, the USAFA Sexual 

Assault and Harassment culture and 

program, the Superintendent’s and 

Command Chief update, and the AF 

Academy Athletic Corporation. 

In accordance with 5 U.S.C. 552b, as 

amended, and 41 CFR 102–3.155, two 

portions of this meeting shall be closed 

to the public because they will involve 

matters covered by subsection (c)(6) of 

5 U.S.C. 552b. 

Public attendance at the open 

portions of this USAFA BoV meeting 

shall be accommodated on a first-come, 

first-served basis up to the reasonable 

and safe capacity of the meeting room. 

In addition, any member of the public 

wishing to provide input to the USAFA 

BoV should submit a written statement 

in accordance with 41 CFR 102–3.140(c) 

and section 10(a)(3) of the Federal 

Advisory Committee Act and the 

procedures described in this paragraph. 

Written statements must address the 

following details: The issue, discussion, 

and a recommended course of action. 

Supporting documentation may also be 

included as needed to establish the 

appropriate historical context and 

provide any necessary background 

information. Written statements can be 

submitted to the Designated Federal 

mstockstill on DSK4VPTVN1PROD with NOTICES