74008 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 

• Mail or hand-delivery: Susan Pasko, 

National Oceanic and Atmospheric 

Administration. 1315 East West 

Highway, SSMC 3, Rm. 15531 Silver 

Spring, MD 20910. 

• Fax: (301) 713–1594. 

Dated: November 23, 2010. 

Patricia A. Montanio, 

Director, Office of Habitat Conservation, 

National Marine Fisheries Service. 

[FR Doc. 2010–30175 Filed 11–29–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA065 

New England Fishery Management 

Council; Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; public meeting. 

SUMMARY: The New England Fishery 

Management Council’s (Council) 

Herring Committee will meet jointly 

with its Advisory Panel to consider 

actions affecting New England fisheries 

in the exclusive economic zone (EEZ). 

DATES: The meeting will be held on 

Monday, December 20, 2010 at 9:30 a.m. 

ADDRESSES: The meeting will be held at 

the Sheraton Harborside Hotel, 250 

Market Street, Portsmouth, NH 03801; 

telephone: (603) 431–2300; fax: (603) 

433–5649. 

Council address: New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

FOR FURTHER INFORMATION CONTACT: Paul 

J. Howard, Executive Director, New 

England Fishery Management Council; 

telephone: (978) 465–0492. 

SUPPLEMENTARY INFORMATION: The items 

of discussion in the committee and 

advisory panel’s agenda are as follows: 

1. Continue development of 

alternatives for consideration in 

Amendment 5 to the Atlantic Herring 

Fishery Management Plan (FMP), with 

particular focus on management 

measures to address river herring 

bycatch; 

2. Discuss alternatives for identifying 

river herring hotspots; consider 

streamlining and develop 

recommendations; 

3. Discuss management alternatives to 

apply to river herring hotspots; consider 

streamlining and develop 

recommendations; 

4. Discuss possible options for river 

herring catch caps; 

5. Discuss alternatives for establishing 

criteria for herring vessel access to 

groundfish closed areas; and 

6. Address other outstanding issues 

related to Amendment 5 as time 

permits. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, those 

issues may not be the subject of formal 

action during this meeting. Action will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

section 305(c) of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to Paul 

J. Howard (see ADDRESSES) at least 5 

days prior to the meeting date. 

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

Dated: November 23, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–30015 Filed 11–29–10; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA068 

Gulf of Mexico Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meetings. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council will convene a 

public meeting of the Florida/Alabama 

Habitat Protection Advisory Panel (AP). 

DATES: The meeting will convene at 3 

p.m. Central Time on Friday, December 

17, 2010 and conclude no later than 4 

p.m. 

ADDRESSES: This meeting will be held 

via conference call. To listen to the 

teleconference call (1–888) 450–5996. 

At the prompt enter passcode 6273501. 

Council address: Gulf of Mexico 

Fishery Management Council, 2203 

North Lois Avenue, Suite 1100, Tampa, 

FL 33607. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Rester, Habitat Support Specialist, Gulf 

States Marine Fisheries Commission; 

telephone: (228) 875–5912. 

SUPPLEMENTARY INFORMATION: At this 

meeting, the only item on the agenda is 

for the AP to review the Council’s 

Essential Fish Habitat 5-Year Review 

Report. 

The Florida/Alabama group is part of 

a three unit Habitat Protection Advisory 

Panel (AP) of the Gulf of Mexico Fishery 

Management Council. The principal role 

of the advisory panels is to assist the 

Council in attempting to maintain 

optimum conditions within the habitat 

and ecosystems supporting the marine 

resources of the Gulf of Mexico. 

Advisory panels serve as a first alert 

system to call to the Council’s attention 

proposed projects being developed and 

other activities that may adversely 

impact the Gulf marine fisheries and 

their supporting ecosystems. The panels 

may also provide advice to the Council 

on its policies and procedures for 

addressing environmental affairs. 

Although other issues not on the 

agenda may come before the panel for 

discussion, in accordance with the 

Magnuson-Stevens Fishery 

Conservation and Management Act, 

those issues may not be the subject of 

formal panel action during this meeting. 

Panel action will be restricted to those 

issues specifically identified in the 

agenda listed as available by this notice. 

For more information about the 

meeting, please call (813) 348–1630. 

Special Accommodations. 

This meeting is physically accessible 

to people with disabilities. Requests for 

auxiliary aids should be directed to 

Trish Kennedy at the Council (see 

ADDRESSES) at least 5 working days prior 

to the meeting. 

Dated: November 24, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–30171 Filed 11–29–10; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 11–C0001] 

Jake’s Fireworks, Inc., Far East 

Imports, Inc., Wholesale Fireworks 

Enterprises LLC, Pacific Northwest 

Fireworks, Inc., Provisional 

Acceptance of a Settlement Agreement 

and Order 

AGENCY: Consumer Product Safety 

Commission. 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 74009 

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 Jake’s 

Fireworks, Inc., Far East Imports, Inc., 

Wholesale Fireworks Enterprises LLC, 

Pacific Northwest Fireworks, Inc., 

containing a civil penalty of 

$100,000.00. 

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 December 

15, 2010. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 11–C0001, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Faust Gillice, 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) 504–7667. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: November 24, 2010. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Jake’s Fireworks, Inc., Far East Imports, 

Inc., Wholesale Fireworks Enterprises, 

LLC and Pacific Northwest Fireworks, 

Inc., and the staff (‘‘Staff’’) of the United 

States Consumer Product Safety 

Commission (‘‘Commission’’) enter into 

this Settlement Agreement 

(‘‘Agreement’’). This Agreement and the 

incorporated attached Order resolve the 

staff’s allegations set forth below. 

The Parties 

2. The Staff is the staff of the 

Commission, an independent federal 

regulatory agency responsible for the 

enforcement of the Consumer Product 

Safety Act (‘‘CPSA’’), 15 U.S.C. 2051– 

2089 and the Federal Hazardous 

Substances Act (‘‘FHSA’’), 15 U.S.C. 

1261–1278. 

3. Jake’s Fireworks, Inc. is a 

corporation organized and existing 

under the laws of Kansas, with its 

principal offices located in Pittsburg, 

Kansas. Far East Imports, Inc. and 

Wholesale Fireworks Enterprises, LLC 

are incorporated under the laws of 

Kansas and share the same address as 

Jake’s Fireworks in Pittsburg, Kansas. 

Pacific Northwest Fireworks, Inc. is a 

Washington corporation located in 

Aberdeen, Washington. At all times 

relevant hereto, Jake’s Fireworks, Inc., 

Far East Imports, Inc., Wholesale 

Fireworks Enterprises, LLC, and Pacific 

Northwest Fireworks, Inc. (hereinafter 

collectively referred to as the 

‘‘Respondents’’) introduced or caused to 

be introduced into interstate commerce 

certain violative fireworks. 

Staff Allegations 

4. Between December 2006 and 

September 2007, Respondents imported 

over 200,000 fireworks that failed to 

comply with the Commission’s 

fireworks regulations at 16 CFR 

1500.17(a)(3) and 16 CFR Part 1507. 

(Fireworks subject to this Agreement 

and Order are identified in Attachment 

A.) 

5. Between December 2006 and 

September 2007, Commission staff 

issued 98 separate Letters of Advice to 

Respondents notifying the firms that the 

fireworks devices sampled at import 

were in violation of the Commission’s 

fireworks regulations. Of the 98 

violations, 81 violations were for failure 

to comply with the regulation set forth 

at 16 CFR 1500.17(a)(3). Section 

1500.17(a)(3) requires that fireworks 

intended to produce an audible effect 

contain no more than two (2) grains of 

pyrotechnic composition. 

6. The fireworks devices referenced in 

paragraph 4 are banned hazardous 

substances pursuant to section 2(q)(1)(B) 

of the FHSA, 15 U.S.C. 1261(q)(1)(B), 

and 16 CFR 1500.17(a)(3). 

7. Respondents knowingly introduced 

or caused the introduction into 

interstate commerce or received in 

interstate commerce and delivered or 

proffered delivery thereof for pay or 

otherwise, the banned hazardous 

substances referenced in paragraph 4 

above, in violation of sections 4(a) and 

(c) of the FHSA, 15 U.S.C. 1263(a) and 

(c). 

Respondents Response to Allegations 

8. Respondents deny the allegations of 

the staff set forth in paragraphs 4 

through 7 above. 

Agreement of the Parties 

9. The Commission has jurisdiction 

over this matter and over Respondents 

under the CPSA and the FHSA. 

10. The parties enter this Agreement 

for settlement purposes only. The 

Agreement does not constitute an 

admission by Respondents nor a 

determination by the Commission that 

Respondents knowingly violated the 

FHSA. 

11. In settlement of the staff’s 

allegations, Respondents shall pay a 

civil penalty of one hundred thousand 

dollars ($100,000.00), for which all 

Respondents are jointly and severally 

liable, within twenty (20) calendar days 

of service of the Commission’s final 

Order accepting this Agreement. The 

payment shall be by check and made 

payable to the order of the United States 

Treasury. 

12. Within six (6) months of service 

of the Commission’s final Order, 

Respondents shall destroy at their own 

cost, the inventory of all violative 

fireworks referenced in Attachment A, 

subject to the terms and conditions set 

forth in paragraphs 13 through 16. 

Destruction of the fireworks shall be in 

accordance with all federal, state and 

local laws and regulations. 

13. Respondents shall provide the 

Commission staff with seven (7) days 

advance notice of the time and place of 

each destruction event so that a 

Commission investigator may witness 

the destruction. By witnessing a 

destruction event, CPSC does not 

prescribe nor approve specific methods 

of destruction as safe. At each 

destruction event, a principal or an 

employee authorized by a Respondent 

company principal shall complete and 

sign an affidavit of destruction, under 

the penalty of perjury. The affidavit 

shall identify the fireworks destroyed by 

model name, Commission sample 

number, and the number of units of 

destroyed. Respondents shall submit the 

signed Affidavit of Destruction to 

Michelle Gillice, Trial Attorney, Office 

of the General Counsel, U.S. Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814, no 

later than seven (7) days after the 

destruction event. 

14. Should Respondents fail to 

destroy the entire inventory of violative 

fireworks referenced in Attachment A 

within six (6) months of service of the 

final Order, they shall be subject to 

additional penalties as set forth in 

paragraphs 15 and 16. 

15. Should Respondents fail to 

comply with the terms of destruction set 

forth in paragraphs 12 and 13 of this 

Agreement, Respondents shall pay a 

penalty of five thousand dollars 

($5,000.00) in liquidated damages for 

each day such violation continues, for 

which all Respondents are jointly and 

severally liable, to the United States 


jdjones on DSK8KYBLC1PROD with NOTICES
74010 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 

Treasury. The amount of liquidated 

damages in this paragraph shall not 

exceed seven hundred and fifty 

thousand dollars ($750,000.00) in any 

one calendar year. The remedy in this 

paragraph shall be in addition to any 

other remedies available to the United 

States under the law. 

16. The penalties referenced in 

paragraph 15 will not be imposed if 

Respondents fail to meet the deadline in 

performing hereunder if such delay or 

default is caused by the following 

events or conditions beyond its 

reasonable control: force majeure or 

‘‘Acts of God’’, wars, insurrections, and 

Government restrictions, and 

Respondents notify the Commission 

within seven (7) days of such event or 

condition with documentation 

evidencing the occurrence. Force 

majeure does not refer to: staff 

shortages; sick leaves; late supplies or 

shortcomings on the part of a third party 

contracted by Respondents. In case of 

force majeure or one of the above 

referenced events or conditions, 

provided Respondents notify the 

Commission within the allotted time 

frame, the destruction obligation will be 

temporarily suspended during the event 

or condition period to the extent that 

such performance is reasonably affected 

thereby. 

17. Upon the Commission’s 

provisional acceptance of the 

Agreement, 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). In 

accordance with 16 CFR 1118.20(f), if 

the Commission does not receive any 

written requests 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. 

18. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Respondents 

knowingly, voluntarily and completely 

waive any rights they may have in this 

matter to the following: (i) An 

administrative or judicial hearing; (ii) 

judicial review or other challenge or 

contest of the validity of the 

Commission’s Order or actions; (iii) a 

determination by the Commission as to 

whether Respondents failed to comply 

with the FHSA 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. 

19. The Commission may publicize 

the terms of the Agreement and Order. 

20. The Agreement and Order shall 

apply to, and be binding upon, 

Respondents and each of their 

successors and assigns. 

21. The Commission issues the Order 

under the provisions of the FHSA, and 

a violation of the Order may subject 

those referenced in paragraph 20 above 

to appropriate legal action. 

22. This 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. 

23. If any provision of this Agreement 

and Order is held to be illegal, invalid, 

or unenforceable under present or future 

laws effective during the terms of the 

Agreement and Order, such provision 

shall be fully severable. The balance of 

the Agreement and Order shall remain 

in full force and effect, unless the 

Commission and Respondents 

determine that severing the provision 

materially affects the purpose of the 

Agreement and Order. 

RESPONDENTS 

Dated: 10/5/10 

By: lllllllllllllllllll

Michael Marietta, 

President, Jake’s Fireworks, Inc., 2311 West 

4th Street, Pittsburg, KS 66762. 

lllllllllllllllllllll

Michael Marietta, 

President, Far East Imports, Inc., 2311 West 

4th Street, Pittsburg, KS 66762. 

lllllllllllllllllllll

Jason Marietta, 

Managing Member, Wholesale Fireworks 

Enterprises, LLC, 2311 West 4th Street, 

Pittsburg, KS 66762. 

lllllllllllllllllllll

Joan Ross, 

President, Pacific Northwest Fireworks, Inc., 

100 S. I Street, Aberdeen, Washington. 

By: lllllllllllllllllll

Hal Stratton, 

Counsel for Jake’s Fireworks, Inc., Far East 

Imports, Inc., Wholesale Fireworks 

Enterprises, LLC, Pacific Northwest 

Fireworks, Inc., Brownstein Hyatt Farber 

Schreck, LLP, Albuquerque, NM 87102. 

U.S. Consumer Product Safety Commission 

Cheryl Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: 11/18/10 

By: lllllllllllllllllll

Michelle Faust Gillice, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

ATTACHMENT A—VIOLATIVE

FIREWORKS

Sample No. Model name 

07–810–4038 Loyal To None. 

07–810–4039 Megabanger Firecracker. 

07–810–4042 One Bad Mother. 

07–810–4044 One Bad Mother. 

07–810–4045 Loyal To None. 

07–810–4046 Megatron. 

07–810–4103 Cooking with Gas. 

07–810–4104 The Big Dog. 

07–810–4106 One Bad Mother 16 Shot. 

07–810–4111 Time Is On My Side. 

07–810–4118 Loyal To None. 

07–810–4119 Scorpions. 

07–810–4212 Loyal To None. 

07–810–4420 Megabanger Megatron. 

07–810–4565 One Bad Mother. 

07–810–4584 Extreme Machine. 

07–810–4587 Vendicator. 

07–810–4588 The Big Package. 

07–810–4589 Return To Glory. 

07–801–4590 One Bad Mother. 

07–810–4624 Loyal To None. 

07–810–4627 World Class Boom Boom. 

07–810–4828 Loyal To None. 

07–810–4830 Return To Glory. 

07–810–4914 Catastrophic 9 Shot. 

07–810–5008 Truckin Home. 

07–810–5009 Professional 3 Pack. 

07–810–5010 BF Assorted Cakes. 

07–810–5012 Spyder, Brown Label. 

07–810–5018 7 Wonders of the World. 

07–810–5048 Not In My Yard. 

07–810–5064 Loyal To None. 

07–810–5066 Megatron. 

07–810–5095 One Bad Mother. 

07–810–5096 Loyal To None. 

07–810–5098 Megatron. 

07–810–5330 Spyder, Brown Label. 

07–810–5332 Cocky. 

07–810–5474 10 Ball Bang. 

07–810–5475 Can You Handle It? 

07–810–5476 Megabanger Megatron. 

07–810–5481 One Bad Mother. 

07–810–5482 Loyal To None. 

07–810–5483 One Bad Mother. 

07–810–5484 Loyal To None. 

07–810–5490 Loyal To None. 

07–810–5491 One Bad Mother. 

07–810–5511 B.M.F. 

07–810–5512 Big Sexy. 

07–810–5514 Perfection. 

07–810–5656 The Big Package. 

07–810–5793 One Bad Mother. 

07–810–5794 Red White & Blue Forever. 

07–840–6029 Loyal To None. 

07–840–6030 The Big Package. 

07–840–6263 Multishot Shell. 

07–840–6371 Hydrogen Bomb. 

07–840–6542 Festival Balls. 

07–840–6548 One Bad Mother. 

07–840–6551 Premium Bottle Rocket. 

07–840–6552 One Bad Mother. 

07–840–6603 Loyal To None. 

07–840–6681 One Bad Mother/Shell. 

07–840–6682 Loyal To None/Shell. 

07–840–6683 Megatron/Shell. 

07–840–6737 Loyal To None. 

07–840–6846 One Bad Mother. 


jdjones on DSK8KYBLC1PROD with NOTICES
Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices 74011 

ATTACHMENT A—VIOLATIVE

FIREWORKS—Continued 

Sample No. Model name 

07–840–6847 Merlin’s Match. 

07–840–6849 Vendicator. 

07–840–6865 The Best of the Best. 

07–840–6867 Flashing Thunder. 

07–840–6869 Loyal To None. 

07–840–6904 Loyal To None. 

07–840–7267 The Big Package. 

07–840–7269 One Bad Mother. 

07–840–7283 One Bad Mother. 

07–840–7291 One Bad Mother. 

07–840–7292 Loyal To None. 

07–840–7297 Instigator. 

07–840–7304 Loyal To None. 

07–840–7305 One Bad Mother. 

07–840–7317 Saturn Missle Battery. 

07–840–7319 Loyal To None. 

07–840–7320 One Bad Mother. 

07–840–7321 One Bad Mother. 

07–840–7324 Red White & Blue Forever. 

07–840–7328 Festival Balls. 

07–840–7467 Loyal To None. 

07–840–7468 So What Are You Looking At? 

07–840–7486 Loyal To None. 

07–840–7289 Whistling Chaser. 

07–810–5036 Return To Glory. 

07–810–5037 One Bad Mother 9 Shot. 

07–810–5041 World Class Loyal To None. 

07–840–6890 Grave Digger. 

07–840–6891 Megabanger Megatron. 

07–840–6892 Megabanger Just Bad. 

07–840–7091 Loyal To None. 

07–840–7197 One Bad Mother. 

07–840–7207 Loyal To None. 

07–840–7208 The Big Package. 

07–840–7209 Jumbo Smoke Balls. 

07–810–5494 Loyal To None. 

07–810–5738 Loyal To None. 

07–810–5739 Loyal To None. 

07–810–5740 Loyal To None. 

07–810–5781 So What Are You Looking At? 

07–810–5782 Saturn Missle Battery. 

07–810–5785 Loyal To None. 

07–810–5786 The Big Dog. 

07–810–5788 Extreme Machine. 

07–810–5790 Loyal To None. 

07–810–5791 Loyal to None. 

07–810–5792 Loyal To None. 

07–840–7282 Loyal To None. 

07–840–7288 Loyal To None. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Jake’s 

Fireworks, Inc., Far East Imports, Inc., 

Wholesale Fireworks Enterprises, LLC 

and Pacific Northwest Fireworks, Inc., 

(hereinafter, ‘‘Respondents’’) and the 

staff of the United States Consumer 

Product Safety Commission 

(‘‘Commission’’), and the Commission 

having jurisdiction over the subject 

matter and over Respondents, and it 

appearing that the Settlement 

Agreement and Order are in the public 

interest, it is 

Ordered, that the Settlement 

Agreement, be and hereby is, accepted; 

and it is 

Further ordered, that Respondents 

shall pay a civil penalty in the amount 

of one hundred thousand dollars 

($100,000.00) within twenty (20) 

calendar days of service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made 

by check payable to the order of the 

United States Treasury. Upon the failure 

of Respondents to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Respondents at the federal legal rate 

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

and (b); and it is 

Further ordered, that within six (6) 

months of service of the Final Order, in 

accordance with the terms set forth in 

the Settlement Agreement, Respondents 

shall destroy at their own cost, the 

entire inventory of violative fireworks 

referenced in Attachment A to the 

Settlement Agreement. Upon the failure 

of Respondents to comply with the 

terms of destruction set forth in the 

Settlement Agreement, the firm agrees 

to pay to the United States of America, 

five thousand dollars in liquidated 

damages for each day such violation 

continues. The amount of liquidated 

damages in this paragraph shall not 

exceed $750,000.00 in any one calendar 

year; 

Provisionally accepted and provisional 

Order issued on the 24th day of November 

2010. 

By Order of the Commission. 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–30073 Filed 11–29–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal Nos. 10–24] 

36(b)(1) Arms Sales Notification 

AGENCY: Department of Defense, Defense 

Security Cooperation Agency. 

ACTION: Notice. 

SUMMARY: The Department of Defense is 

publishing the unclassified text of a 

section 36(b)(1) arms sales notification. 

This is published to fulfill the 

requirements of section 155 of Public 

Law 104–164 dated 21 July 1996. 

FOR FURTHER INFORMATION CONTACT: 

Ms. B. English, DSCA/DBO/CFM, (703) 

601–3740. 

SUPPLEMENTARY INFORMATION: The 

following is a copy of a letter to the 

Speaker of the House of Representatives, 

Transmittals 10–24 with attached 

transmittal, and policy justification. 

Dated: November 23, 2010. 

Morgan F. Park, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

BILLING CODE 5001–06–P 


jdjones on DSK8KYBLC1PROD with NOTICES