Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 23745 

91 7 U.S.C. 1a(29). 92 7 U.S.C. 1a(29). 

This Order is based on the 

representations made to the 

Commission by the Natural Gas 

Exchange, Inc., dated August 25, 2009, 

and October 15, 2009, and other 

supporting material. Any material 

change or omissions in the facts and 

circumstances pursuant to which this 

order is granted might require the 

Commission to reconsider its current 

determination that the Phys, FP, (CA/ 

GJ), AB–NIT contract is not a significant 

price discovery contract. Additionally, 

to the extent that it continues to rely 

upon the exemption in Section 2(h)(3) 

of the Act, the Natural Gas Exchange, 

Inc., must continue to comply with all 

of the applicable requirements of 

Section 2(h)(3) and Commission 

Regulation 36.3. 

d. Order Relating to the Phys, FP, (US/ 

MM), Union-Dawn Contract 

After considering the complete record 

in this matter, including the comment 

letters received in response to its 

request for comments, the Commission 

has determined to issue the following 

Order: 

The Commission, pursuant to its 

authority under section 2(h)(7) of the 

Act, hereby determines that the Phys, 

FP, (US/MM), Union-Dawn contract, 

traded on the Natural Gas Exchange, 

Inc., does not at this time satisfy the 

material price reference or material 

liquidity criteria for significant price 

discovery contracts. Consistent with this 

determination, the Natural Gas 

Exchange, Inc., is not considered a 

registered entity 91 with respect to the 

Phys, FP, (US/MM), Union-Dawn 

contract and is not subject to the 

provisions of the Commodity Exchange 

Act applicable to registered entities. 

Further, the obligations, requirements 

and timetables prescribed in 

Commission rule 36.3(c)(4) governing 

core principle compliance by the 

Natural Gas Exchange, Inc., are not 

applicable to the Phys, FP, (US/MM), 

Union-Dawn contract with the issuance 

of this Order. 

This Order is based on the 

representations made to the 

Commission by the Natural Gas 

Exchange, Inc., dated August 25, 2009, 

and October, 15, 2009, and other 

supporting material. Any material 

change or omissions in the facts and 

circumstances pursuant to which this 

order is granted might require the 

Commission to reconsider its current 

determination that the Phys, FP, (US/ 

MM), Union-Dawn contract is not a 

significant price discovery contract. 

Additionally, to the extent that it 

continues to rely upon the exemption in 

Section 2(h)(3) of the Act, the Natural 

Gas Exchange, Inc., must continue to 

comply with all of the applicable 

requirements of Section 2(h)(3) and 

Commission Regulation 36.3. 

e. Order Relating to the Phys, ID, 7a 

(CA/GJ), AB–NIT Contract 

After considering the complete record 

in this matter, including the comment 

letters received in response to its 

request for comments, the Commission 

has determined to issue the following 

Order: 

The Commission, pursuant to its 

authority under section 2(h)(7) of the 

Act, hereby determines that the Phys, 

ID, 7a (CA/GJ), AB–NIT contract, traded 

on the Natural Gas Exchange, Inc., does 

not at this time satisfy the material price 

reference or material liquidity criteria 

for significant price discovery contracts. 

Consistent with this determination, the 

Natural Gas Exchange, Inc., is not 

considered a registered entity 92 with 

respect to the Phys, ID, 7a (CA/GJ), AB– 

NIT contract and is not subject to the 

provisions of the Commodity Exchange 

Act applicable to registered entities. 

Further, the obligations, requirements 

and timetables prescribed in 

Commission rule 36.3(c)(4) governing 

core principle compliance by the 

Natural Gas Exchange, Inc., are not 

applicable to the Phys, ID, 7a (CA/GJ), 

AB–NIT contract with the issuance of 

this Order. 

This Order is based on the 

representations made to the 

Commission by the Natural Gas 

Exchange, Inc., dated August 25, 2009, 

and October 15, 2009, and other 

supporting material. Any material 

change or omissions in the facts and 

circumstances pursuant to which this 

order is granted might require the 

Commission to reconsider its current 

determination that the Phys, ID, 7a (CA/ 

GJ), AB–NIT contract is not a significant 

price discovery contract. Additionally, 

to the extent that it continues to rely 

upon the exemption in Section 2(h)(3) 

of the Act, the Natural Gas Exchange, 

Inc., must continue to comply with all 

of the applicable requirements of 

Section 2(h)(3) and Commission 

Regulation 36.3. 

Issued in Washington, DC on April 28, 

2010, by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. 2010–10314 Filed 5–3–10; 8:45 am] 

BILLING CODE P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 10–C0003] 

Jo-Ann Stores, Inc., 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 Jo-Ann 

Stores, Inc., containing a civil penalty of 

$50,000.00. 

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 May 19, 

2010. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 10–C0003, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Sean R. Ward, Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7602. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: April 28, 2010. 

Todd A. Stevenson, 

Secretary. 

In the Matter of Jo-Ann Stores, Inc. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Jo-Ann Stores, Inc. (‘‘Jo-Ann’’) and the 

staff (‘‘Staff’’) of the United States 

Consumer Product Safety Commission 

(‘‘CPSC’’ or the ‘‘Commission’’) enter into 

this Settlement Agreement 

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

incorporated attached Order (‘‘Order’’) 

settle the Staff’s allegations set forth 

below. 

Parties 

2. The Commission is an independent 

federal regulatory agency established 

pursuant to the Consumer Product 

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23746 Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 

1At the time of the alleged violations stated in 

this Settlement Agreement, the permissible limit of 

0.06 was in effect for the Lead-Paint Ban. As of 

August 14, 2009, the limit was amended to 0.009 

percent pursuant to 15 U.S.C. 1278a(f)(1). 

Safety Act, 15 U.S.C. 2051–2089 

(‘‘CPSA’’). The Commission is 

responsible for the enforcement of the 

CPSA. 

3. Jo-Ann is a corporation organized 

and existing under the laws of the State 

of Ohio, with its principal offices 

located in Hudson, Ohio. At all times 

relevant hereto, Jo-Ann imported, 

offered for sale and sold various 

children’s products. 

Staff Allegations 

4. Jo-Ann imported various Robbie 

DuckyTM children’s products including 

the Kids Watering Cans (‘‘Watering 

Cans’’) from February 2007 through 

August 2007, the children’s toy rakes, 

hoes, brooms and spades (‘‘Garden 

Tools’’) from January 2007 through 

September 2007, and Children’s Water 

Globes (‘‘Water Globes’’) in September 

2007 (collectively, ‘‘Robbie Ducky 

products’’). Jo-Ann sold the Robbie 

Ducky products at its retail stores 

nationwide during those periods for 

between $5 and $10 per unit. 

5. The Robbie Ducky products are 

‘‘consumer product(s),’’ and, at all times 

relevant hereto, Jo-Ann was a 

‘‘manufacturer’’ and ‘‘retailer’’ of those 

consumer product(s), which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

3(a)(3), (5), (8), (11) and (13), 15 U.S.C. 

2052(a)(3), (5), (8), (11) and (13). 

6. The Robbie Ducky products are 

articles intended to be entrusted to or 

for use by children, and, therefore, are 

subject to the requirements of the 

Commission’s Ban of Lead-Containing 

Paint and Certain Consumer Products 

Bearing Lead-Containing Paint, 16 CFR 

part 1303 (the ‘‘Lead-Paint Ban’’). Under 

the Lead-Paint Ban, toys and other 

children’s articles must not bear or 

contain ‘‘lead-containing paint,’’ defined 

as paint or other surface coating 

materials whose lead content is more 

than 0.06 percent of the weight of the 

total nonvolatile content of the paint or 

the weight of the dried paint film. 16 

CFR 1303.2(b)(1).1

7. On August 24, 2007, Jo-Ann 

reported to CPSC that it had 

commissioned an independent 

laboratory to conduct testing of samples 

of the Watering Cans for the presence of 

lead in their surface coatings. The test 

results demonstrated that a sample 

Watering Can contained lead in excess 

of the permissible 0.06 percent limit set 

forth in the Lead-Paint Ban. 

8. On August 28, 2007, the 

Commission and Jo-Ann announced a 

consumer-level recall of about 6,000 

units of the Watering Cans because 

‘‘[t]he beak of the watering can contains 

lead in the paint, which violates the 

federal law prohibiting lead paint on 

children’s toys. Lead is toxic if ingested 

by young children and can cause 

adverse health effects.’’ 

9. On September 14, 2007, Jo-Ann 

reported to CPSC that it had 

commissioned an independent 

laboratory to conduct testing of samples 

of the Garden Tools for the presence of 

lead in their surface coatings. The test 

results demonstrated that a sample of 

Garden Tools contained lead in excess 

of the permissible 0.06 percent limit set 

forth in the Lead-Paint Ban. 

10. On September 26, 2007, the 

Commission and Jo-Ann announced a 

consumer-level recall of about 16,000 

Garden Tools because ‘‘[s]urface paint 

on the handle of the rake can contain 

excessive levels of lead paint, violating 

the federal lead paint standard.’’ This 

recall was expanded on October 25, 

2007 to include an additional 97,000 

units of children’s leaf rakes, hoes, 

brooms and spades because these 

Garden Tools contained excessive levels 

of lead in violation of the Lead-Paint 

Ban. 

11. On November 14, 2007, Jo-Ann 

reported to CPSC that it had 

commissioned an independent 

laboratory to conduct testing of samples 

of the Water Globes for the presence of 

lead in their surface coatings. The test 

results demonstrated that a sample of 

Water Globes contained lead in excess 

of the permissible 0.06 percent limit set 

forth in the Lead-Paint Ban. 

12. On December 13, 2007, the 

Commission and Jo-Ann announced a 

consumer-level recall of about 60 Water 

Globes because ‘‘[t]he painted base of 

the water globes contain excessive 

levels of lead, violating the federal lead 

paint standard.’’ 

13. Although Jo-Ann reported no 

incidents or injuries from the Robbie 

Ducky products, it failed to take 

adequate action to ensure that they did 

not bear or contain lead-containing 

paint, thereby creating a risk of lead 

poisoning and adverse health effects to 

children. 

14. The Robbie Ducky products 

constitute ‘‘banned hazardous products’’ 

under CPSA section 8 and the LeadPaint Ban, 15 U.S.C. 2057 and 16 CFR 

1303.1(a)(1), 1303.4(b), in that they bear 

or contain paint or other surface coating 

materials whose lead content exceeds 

the permissible limit of 0.06 percent of 

the weight of the total nonvolatile 

content of the paint or the weight of the 

dried paint film. 

15. From January 2007 through 

September 2007, Jo-Ann sold, 

manufactured for sale, offered for sale, 

distributed in commerce, or imported 

into the United States, with respect to 

the Robbie Ducky products, in violation 

of section 19(a)(1) of the CPSA, 15 

U.S.C. 2068(a)(1). Jo-Ann committed 

these prohibited acts ‘‘knowingly,’’ as 

that term is defined in section 20(d) of 

the CPSA, 15 U.S.C. 2069(d). 

16. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Jo-Ann is subject 

to civil penalties for the aforementioned 

violations. 

Jo-Ann’s Responsive Allegations 

17. Jo-Ann denies the Staff’s 

allegations set forth above that Jo-Ann 

knowingly violated the CPSA or any of 

its regulations. Jo-Ann believes that it 

reasonably relied upon its suppliers to 

manufacture products compliant with 

all applicable safety regulations. 

18. Jo-Ann alleges that, to the best of 

its knowledge at the time when the 

Robbie Ducky products were imported, 

offered for sale and sold by the firm, 

they complied with the requirements of 

the Lead-Paint Ban. Jo-Ann notified 

CPSC of the lead-containing paint 

problems associated with the Robbie 

Ducky products promptly upon 

discovering them. After promptly 

investigating the facts, Jo-Ann 

voluntarily conducted each of the three 

recalls in cooperation with CPSC. 

19. Jo-Ann has consistently acted in a 

cooperative manner with CPSC and 

engaged in corrective action without 

being so directed by either CPSC or by 

any third party. 

Agreement of the Parties 

20. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Jo-Ann. 

21. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Jo-Ann, nor does it 

constitute a determination by the 

Commission, that Jo-Ann has knowingly 

violated the CPSA. 

22. In settlement of the Staff’s 

allegations set forth above, Jo-Ann shall 

pay a civil penalty in the amount of fifty 

thousand dollars ($50,000.00) within 

twenty (20) calendar days of service of 

the Commission’s final Order accepting 

the Agreement. The payment shall be by 

check payable to the order of the United 

States Treasury. 

23. The Commission will not seek or 

initiate any enforcement action against 

Jo-Ann for civil penalties, based upon 

information known to CPSC through the 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 85 / Tuesday, May 4, 2010 / Notices 23747 

date of the final acceptance of this 

Agreement, for possible violations of the 

reporting requirements of section 15(b), 

15 U.S.C. 2064(b), regarding any Robbie 

Ducky products. The Commission’s 

agreement not to seek penalties as stated 

herein will not relieve Jo-Ann from the 

continuing duty to report to CPSC any 

new, additional or different information 

as required by CPSA section 15(b), 15 

U.S.C. 2064(b) and the regulations at 16 

CFR part 1115. Except as expressly 

provided herein, nothing in this 

Agreement is intended nor may be 

construed to preclude, limit, or 

otherwise reduce Jo-Ann’s potential 

liabilities under any and all applicable 

law, statutory provisions, regulations, 

rules, standards, and/or bans enforced 

or administered by CPSC. 

24. 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 request not to accept the 

Agreement within fifteen (15) days, the 

Agreement shall be deemed finally 

accepted on the sixteenth (16th) day 

after the date it is published in the 

Federal Register. 

25. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Jo-Ann 

knowingly, voluntarily, and completely 

waives any rights it may have in this 

matter to the following: (1) An 

administrative or judicial hearing; (2) 

judicial review or other challenge or 

contest of the validity of the 

Commission’s Order or actions; (3) a 

determination by the Commission of 

whether Jo-Ann failed to comply with 

the CPSA and its underlying 

regulations; (4) a statement of findings 

of fact and conclusions of law; and (5) 

any claims under the Equal Access to 

Justice Act. 

26. The Commission may publicize 

the terms of the Agreement and Order. 

27. The Agreement and Order shall 

apply to, and be binding upon, Jo-Ann 

and each of its successors and assigns. 

28. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject those 

referenced in ¶ 27 to appropriate legal 

action. 

29. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those 

contained in the Agreement and Order 

may not be used to vary or contradict its 

terms. The Agreement shall not be 

waived, amended, modified, or 

otherwise altered, except in a writing 

that is executed by the party against 

whom such waiver, amendment, 

modification, or alteration is sought to 

be enforced. 

30. If after the effective date hereof, 

any provision of the 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 Jo-Ann agree that 

severing the provision materially affects 

the purpose of the Agreement and 

Order. 

Jo-Ann Stores, Inc. 

Dated: 1/13/10. 

By: lllllllllllllllllll

David B. Goldston, 

Senior Vice President, General Counsel & 

Secretary, Jo-Ann Stores, Inc., 5555 Darrow 

Road, Hudson, Ohio. 

Dated: 1/13/10. 

By: lllllllllllllllllll

Joanne E. Mattiace, Esq., 

Law Offices of Joanne E. Mattiace, 58 

Stroudwater Place, Westbrook, ME 04092– 

4044, Counsel for Jo-Ann Stores, Inc. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Division of 

Compliance, Office of the General Counsel. 

Dated: 1/14/10. 

By: lllllllllllllllllll

Sean R. Ward, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

In the Matter of Jo-Ann Stores, Inc. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Jo-Ann 

Stores, Inc. (‘‘Jo-Ann’’) and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Jo-Ann, 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 Jo-Ann shall pay 

a civil penalty in the amount of fifty 

thousand dollars ($50,000.00) 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 Jo-Ann to make any of the 

foregoing payments when due, interest 

on the unpaid amount shall accrue and 

be paid by Jo-Ann 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 28th day of April, 2010. 

By Order of the Commission. 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2010–10386 Filed 5–3–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Availability (NOA) of the Draft 

Environmental Impact Statement for 

the Disposal and Reuse of Naval Air 

Station Brunswick, ME, and To 

Announce Public Hearings 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: Pursuant to Section 102(2)(C) 

of the National Environmental Policy 

Act (NEPA) of 1969, as implemented by 

the Council on Environmental Quality 

Regulations (40 CFR parts 1500–1508), 

the Department of the Navy (Navy) with 

the Federal Aviation Administration 

(FAA) acting as a cooperating agency, 

has prepared and filed the Draft 

Environmental Impact Statement (EIS) 

to evaluate the potential environmental 

consequences associated with the 

disposal and reuse of Naval Air Station 

(NAS) Brunswick, Maine. The Navy is 

required to close NAS Brunswick per 

Public Law 101–510, the Defense Base 

Closure and Realignment Act of 1990, as 

amended in 2005. Public hearings will 

be held to provide information and 

receive oral and written comments on 

the Draft EIS. Federal, state and local 

agencies, and interested individuals are 

invited to be present or represented at 

the hearings. 

DATES AND ADDRESSES: Two public 

hearings will be held. Each scheduled 

public hearing will be preceded by an 

open information session to allow 

interested individuals to review 

information presented in the Draft EIS. 

Navy representatives will be available 

during the information session to 

provide clarification as necessary 

related to the Draft EIS. Afternoon and 

evening information sessions are 

scheduled as follows: 

1. Evening Information Session and 

Public Hearing: Brunswick Junior High 

mstockstill on DSKH9S0YB1PROD with NOTICES