Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Notices 11181 

The total (non-hour) respondent cost 

burden for this collection in the form of 

postage costs is estimated to be 

$3,801.42 per year. 

IV. Request for Comments 

Comments are invited on: (a) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden 

(including hours and cost) of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology, e.g., permitting electronic 

submission of responses. 

Comments submitted in response to 

this notice will be summarized or 

included in the request for OMB 

approval of this information collection; 

they will also become a matter of public 

record. 

Dated: February 20, 2015. 

Marcie Lovett, 

Records Management Division Director, 

USPTO, Office of the Chief Information 

Officer. 

[FR Doc. 2015–04212 Filed 2–27–15; 8:45 am] 

BILLING CODE 3510–16–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 15–C0003] 

General Electric Company, 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 General 

Electric Company, containing a civil 

penalty of $3,500,000, within twenty 

(20) days of service of the Commission’s 

final Order accepting the Settlement 

Agreement. 

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 March 17, 

2015. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 15–C0003 Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer C. Argabright, Trial Attorney, 

Office of the General Counsel, Division 

of Compliance, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7808. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: February 24, 2015. 

Alberta E. Mills, 

Acting Secretary. 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

In the Matter of: GENERAL ELECTRIC 

COMPANY, CPSC Docket No.: 15–C0003 

SETTLEMENT AGREEMENT 

1. In accordance with the Consumer 

Product Safety Act, 15 U.S.C. §§ 2051–2089 

(CPSA) and 16 CFR 1118.20, General Electric 

Company (‘‘GE’’ or ‘‘Firm’’), and the United 

States Consumer Product Safety Commission 

(‘‘Commission’’), through its staff, hereby 

enter into this Settlement Agreement 

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

incorporated attached Order, resolve staff’s 

charges set forth below. 

THE PARTIES 

2. The Commission is an independent 

federal regulatory agency, established 

pursuant to, and responsible for the 

enforcement of, the CPSA, 15 U.S.C. §§ 2051– 

2089. By executing the Agreement, staff is 

acting on behalf of the Commission, pursuant 

to 16 CFR § 1118.20(b). The Commission 

issues the Order under the provisions of the 

CPSA. 

3. GE is a corporation, organized and 

existing under the laws of the state of New 

York, with its principal place of business in 

Fairfield, CT. GE Appliances (‘‘GEA’’ or ‘‘GE 

Appliances’’) is an unincorporated business 

unit of GE that is located in Louisville, KY. 

STAFF CHARGES 

GE RANGES 

4. Between June 2002 through December 

2004, GE imported into the United States 

approximately 28,000 dual fuel ranges (the 

Range). The Range was sold through 

department and appliance stores nationwide 

for approximately $1,300 to $2,000 between 

June 2002 and December 2005. 

5. The Range is a 30-inch wide GE Profile 

Dual Fuel Freestanding Range with an 

electric range with gas cooktop burners. The 

Range is a ‘‘consumer product’’ ‘‘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). At 

all relevant times, GE was a ‘‘manufacturer’’ 

of the Range, as such term is defined or used 

in sections 3(a)(11) of the CPSA, 15 U.S.C. 

§ 2052(a)(11). 

6. The Range is defective because a 

connector in the wire harness at the rear of 

the Range can overheat, posing a fire and 

burn hazard to consumers. 

7. GE first received notice of a possible 

Range failure in 2003, when a consumer 

reported to GE that she had called the fire 

department because the Range had caught 

fire while it was pre-heating. A GE technician 

noted that the wiring had shorted out. By the 

end of 2004, GE received four more consumer 

complaints of fire or melted wires. In 2004, 

GE technicians examined several of the 

Ranges involved in the consumer complaints 

and confirmed that the wiring harness at the 

rear of the Range could overheat, causing a 

fire hazard. 

8. In December 2004, to reduce the risk of 

an overheated connector, GE redesigned the 

Range to remove the connectors in the wiring 

harness. By this time, GE had obtained 

sufficient information that reasonably 

supported the conclusion that the Range 

contained a defect or possible defect which 

could create a substantial product hazard or 

created an unreasonable risk of serious injury 

or death. GE was required to inform the 

Commission immediately 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). 

9. After the redesign of the Range, GE 

continued to receive reports from consumers 

of overheated wiring and fires that occurred 

in the back of the Range. 

10. Despite having information regarding 

the Range’s defect or risk, GE failed to inform 

the Commission immediately 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). 

11. GE did not file its Full Report with the 

Commission until February 25, 2009. GE 

recalled the Range on April 8, 2009. By that 

time, GE was aware of an additional eight 

reports of harness and wiring overheating in 

the back of the Range, including five in 

which the consumer reported that the unit or 

wiring caught fire. GE failed to update the 

Commission regarding these new incidents. 

GE DISHWASHERS 

12. Between July 2003 and December 2006, 

GE manufactured approximately 174,000 

stainless steel tub dishwashers (the 

Dishwasher). The Dishwasher was sold 

through department and appliance stores 

nationwide for approximately $750 to $1,400 

between July 2003 and October 2010. 

13. The Dishwasher was sold under brand 

name of GE Profile or GE Monogram. The 

Dishwasher is a ‘‘consumer product’’ 

‘‘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). At all relevant times, GE was 

a ‘‘manufacturer’’ of the Dishwasher, as such 

term is defined or used in sections 3(a)(11) 

of the CPSA, 15 U.S.C. § 2052(a)(11). 


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14. The Dishwasher is defective because it 

can short circuit due to electrolytic 

condensate on the control board. The short 

circuit can result in an overheated connector 

in the dishwasher, posing a fire and burn 

hazard to consumers. 

15. GE first received notice of a possible 

Dishwasher control-related incident in 2007, 

when a consumer reported to GE that his 

dishwasher had caught fire in the middle of 

the night due to an overheated control panel. 

In 2008 and 2009, GE received more reports 

of Dishwasher control-related fires, and GE 

paid out insurance settlements to several 

consumers based on these reports. Many of 

these reports explicitly alleged a fire that 

originated at the control panel within the 

Dishwasher’s metal door. 

16. Despite this information, GE did not 

file a Full Report concerning the Dishwasher 

with the Commission until September 14, 

2010. GE recalled the Dishwasher on October 

26, 2010. 

17. In failing to inform the Commission 

about the Range or Dishwasher (together, 

‘‘Subject Products’’) immediately, GE 

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). 

18. Pursuant to section 20 of the CPSA, 15 

U.S.C. § 2069, GE 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 GENERAL ELECTRIC 

COMPANY 

19. GE does not admit the staff’s charges 

set forth in paragraphs 4 through 18 above, 

including, but not limited to, the charge that 

the Subject Products contained a defect that 

could create a substantial product hazard or 

created an unreasonable risk of serious injury 

or death, and the charge that GE failed to 

notify the Commission in a timely manner, 

in accordance with section 15(b) of the 

CPSA, 15 U.S.C. § 2064(b). 

20. GE enters into this Agreement to settle 

this matter without the delay and expense of 

litigation. GE enters into this Agreement and 

agrees to pay the amount referenced below in 

compromise of the staff’s charges. 

21. GE voluntarily notified the Commission 

in connection with the Ranges in February 

2009. GE was (and is) not aware of any report 

of injury associated with the Ranges and 

reported issue. GE voluntarily notified the 

Commission in connection with the 

Dishwashers in August 2010. GE was (and is) 

not aware of any report of serious injury 

associated with the Dishwashers and 

reported issue. GE carried out voluntary 

recalls in cooperation with the Commission 

and acted to reduce the potential risk of 

injury. 

22. At all relevant times, GEA has had a 

product safety compliance program, 

including dedicated product safety 

personnel, new product qualification design 

and testing safety-related requirements, 

written product safety compliance policies, 

and written procedures for notifying the 

Commission about potential safety issues, in 

accordance with section 15(b) of the CPSA. 

GEA’s product safety compliance program, 

including its policies and procedures, has 

been enhanced over time, as appropriate. 

AGREEMENT OF THE PARTIES 

23. Under the CPSA, the Commission has 

jurisdiction over the matter involving the 

Products described herein and over GE. 

24. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by GE or a 

determination by the Commission that GE 

violated the CPSA’s reporting requirements. 

25. In settlement of staff’s charges, and to 

avoid the cost, distraction, delay, 

uncertainty, and inconvenience of protracted 

litigation or other proceedings, GE shall pay 

a civil penalty in the amount of three million, 

five hundred thousand dollars ($3,500,000) 

within twenty (20) calendar days after 

receiving service of the Commission’s final 

Order accepting the Agreement. The payment 

shall be made by electronic wire transfer to 

the Commission via: http://www.pay.gov. 

26. After staff receives this Agreement 

executed on behalf of GE, staff shall promptly 

submit the Agreement to the Commission for 

provisional acceptance. Promptly following 

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 the 

Agreement is published in the Federal 

Register, in accordance with 16 CFR 

§ 1118.20(f). 

27. This Agreement is conditioned upon, 

and subject to, the Commission’s final 

acceptance, as set forth above, and it is 

subject to the provisions of 16 C.F.R 

§ 1118.20(h). Upon the later of: (i) 

Commission’s final acceptance of this 

Agreement and service of the accepted 

Agreement upon GE, and (ii) the date of 

issuance of the final Order, this Agreement 

shall be in full force and effect and shall be 

binding upon the parties. 

28. Effective upon the later of: (i) the 

Commission’s final acceptance of the 

Agreement and service of the accepted 

Agreement upon GE, and (ii) the date of 

issuance of the final Order, for good and 

valuable consideration, GE hereby expressly 

and irrevocably waives and agrees not to 

assert any past, present, or future rights to the 

following, in connection with the matter 

described in this Agreement: (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 

GE 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. 

29. GE represents and agrees that GEA has 

and shall maintain a compliance program 

designed to ensure compliance with sections 

15(b) of the CPSA with respect to any 

consumer product imported, manufactured, 

and/or distributed by GEA. In addition to the 

program components set out in paragraph 22 

of this Agreement, GE represents and agrees 

that GEA’s compliance program contains and 

shall continue to contain the following 

elements: (i) written standards and policies; 

(ii) a mechanism for confidential employee 

reporting of compliance-related questions or 

concerns to either a compliance officer or to 

another senior manager with authority to act 

as necessary; (iii) effective communication of 

company compliance-related policies and 

procedures regarding CPSA sections 15(b) to 

all applicable employees through training 

programs or otherwise; (iv) GEA senior 

management responsibility for, and general 

board oversight of, compliance; and (v) 

retention of all compliance-related records 

for at least five (5) years, and availability of 

such records to staff upon reasonable request. 

30. GE represents and agrees that GEA has 

and shall maintain and enforce a system of 

internal controls and procedures designed to 

ensure that, with respect to all consumer 

products imported, manufactured, and/or 

distributed by GEA: (i) information required 

to be disclosed by GE to the Commission is 

recorded, processed, and reported in 

accordance with applicable law; (ii) all 

reporting made to the Commission is timely, 

truthful, complete, accurate, and in 

accordance with applicable law; and (iii) 

prompt disclosure is made to GE’s 

management of any significant deficiencies 

or material weaknesses in the design or 

operation of such internal controls that are 

reasonably likely to affect adversely, in any 

material respect, GEA’s ability to record, 

process, and report to the Commission in 

accordance with applicable law. 

31. Upon reasonable request of staff, GE 

shall cause GEA to provide written 

documentation of its internal controls and 

procedures, including, but not limited to, the 

effective dates of the procedures and 

improvements thereto. GE shall cause GEA to 

cooperate fully and truthfully with staff and 

shall make available all non-privileged 

information and materials, and personnel 

deemed necessary by staff to evaluate GE’s 

compliance with the terms of the Agreement. 

32. The parties acknowledge and agree that 

the Commission may publicize the terms of 

the Agreement and the Order. Any press 

release shall substantially conform to the 

terms of this Settlement Agreement. 

33. GE 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 GE, enforceable against GE in 

accordance with its terms. GE also represents 

that GE will not directly or indirectly receive 

any reimbursement, indemnification, 

insurance-related payment, or other payment 

in connection with the civil penalty to be 

paid by GE pursuant to the Agreement and 

Order. The individuals signing the 

Agreement on behalf of GE represent and 

warrant that they are duly authorized by GE 

to execute the Agreement. 

34. The Commission signatories represent 

that they are signing the Agreement in their 

official capacities and that they are 

authorized to execute this Agreement. 

35. The Agreement is governed by the laws 

of the United States. 


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36. Except as set forth in Paragraph 37, the 

Agreement and the Order shall apply to, and 

be binding upon, GE and each of its 

successors, transferees, and assigns, and a 

violation of the Agreement or Order may 

subject GE, and each of its successors, 

transferees and assigns, to appropriate legal 

action. 

37. Paragraphs 29–31 of the Agreement 

shall apply to, and be binding upon, GE, 

unless and until GE no longer owns GEA, at 

which time Paragraphs 29–31 only shall 

apply to, and be binding upon, each of GE’s 

successors, transferees, and assigns that 

acquire GEA. 

38. The Agreement and the Order 

constitute the complete agreement between 

the parties on the subject matter contained 

therein. 

39. 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. 

40. 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. 

41. 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 GE agree 

in writing that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

GENERAL ELECTRIC COMPANY 

Dated: February 4, 2015 

By: lllllllllllllllllll

Kevin Nolan 

Vice President, Technology 

GE Appliances, a division of the General 

Electric Company 

Buechel Bank Road 

Louisville, KY 40225 

Dated: February 3, 2015 

By: lllllllllllllllllll

Eric A. Rubel 

Counsel to General Electric Company 

Arnold & Porter LLP 

555 Twelfth Street, NW 

Washington, DC 20004–1206 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION 

Stephanie Tsacoumis 

General Counsel 

Mary Boyle 

Deputy General Counsel 

Mary B. Murphy 

Assistant General Counsel 

Dated: February 3, 2015 

By: lllllllllllllllllll

Jennifer C. Argabright, Trial Attorney 

Division of Compliance 

Office of the General Counsel 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

In the Matter of: General Electric Company 

CPSC Docket No.: 15–C0003 

ORDER 

Upon consideration of the Settlement 

Agreement entered into between 

General Electric Company (GE), and the 

U.S. Consumer Product Safety 

Commission (Commission), and the 

Commission having jurisdiction over 

the subject matter and over GE, 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 GE shall 

comply with the terms of the Settlement 

Agreement and shall pay a civil penalty 

in the amount of three million, five 

hundred thousand dollars ($3,500,000) 

within twenty (20) days after service of 

the Commission’s final Order accepting 

the Settlement Agreement. The payment 

shall be made by electronic wire transfer 

to the Commission via: http://

www.pay.gov. Upon the failure of GE to 

make the foregoing payment when due, 

interest on the unpaid amount shall 

accrue and be paid by GE at the federal 

legal rate of interest set forth at 28 

U.S.C. § 1961(a) and (b). If GE fails to 

make such payment or to comply in full 

with any other provision of the 

Settlement Agreement, such conduct 

will be considered a violation of the 

Settlement Agreement and Order. 

Provisionally accepted and 

provisional Order issued on the 13th 

day of February, 2015. 

BY ORDER OF THE COMMISSION: 

lllllllllllllllllllll

Alberta Mills, Acting Secretary 

U.S. Consumer Product Safety Commission 

[FR Doc. 2015–04154 Filed 2–27–15; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2014–ICCD–0158] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

Student Assistance General 

Provisions—Subpart A—General 

AGENCY: Federal Student Aid (FSA), 

Department of Education (ED). 

ACTION: Notice 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. chapter 3501 et seq.), ED is 

proposing an extension of an existing 

information collection. 

DATES: Interested persons are invited to 

submit comments on or before April 1, 

2015. 

ADDRESSES: Comments submitted in 

response to this notice should be 

submitted electronically through the 

Federal eRulemaking Portal at http://

www.regulations.gov by selecting 

Docket ID number ED–2014–ICCD–0158 

or via postal mail, commercial delivery, 

or hand delivery. If the regulations.gov 

site is not available to the public for any 

reason, ED will temporarily accept 

comments at ICDocketMgr@ed.gov. 

Please note that comments submitted by 

fax or email and those submitted after 

the comment period will not be 

accepted; ED will ONLY accept 

comments during the comment period 

in this mailbox when the 

regulations.gov site is not available. 

Written requests for information or 

comments submitted by postal mail or 

delivery should be addressed to the 

Director of the Information Collection 

Clearance Division, U.S. Department of 

Education, 400 Maryland Avenue SW., 

LBJ, Mailstop L–OM–2–2E319, Room 

2E105, Washington, DC 20202. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Beth 

Grebeldinger, 202–377–4018. 

SUPPLEMENTARY INFORMATION: The 

Department of Education (ED), in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3506(c)(2)(A)), provides the general 

public and Federal agencies with an 

opportunity to comment on proposed, 

revised, and continuing collections of 

information. This helps the Department 

assess the impact of its information 

collection requirements and minimize 

the public’s reporting burden. It also 

helps the public understand the 

Department’s information collection 

requirements and provide the requested 

data in the desired format. ED is 

soliciting comments on the proposed 

information collection request (ICR) that 

is described below. The Department of 

Education is especially interested in 

public comment addressing the 

following issues: (1) Is this collection 

necessary to the proper functions of the 

Department; (2) will this information be 

processed and used in a timely manner; 

(3) is the estimate of burden accurate; 

(4) how might the Department enhance 

the quality, utility, and clarity of the 

information to be collected; and (5) how 

might the Department minimize the 


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