91366 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 

until business for the day has been 

completed. 

ADDRESSES: This meeting will be held 

online. Specific meeting information, 

including a proposed agenda and 

directions on how to attend the meeting 

and system requirements, will be 

provided in the meeting announcement 

on the Pacific Council’s website (see 

www.pcouncil.org). You may send an 

email to Mr. Kris Kleinschmidt 

(kris.kleinschmidt@noaa.gov) or contact 

him at (503) 820–2412 for technical 

assistance. 

Council address: Pacific Fishery 

Management Council, 7700 NE 

Ambassador Place, Suite 101, Portland, 

OR 97220–1384. 

FOR FURTHER INFORMATION CONTACT: 

Kerry Griffin, Staff Officer, Pacific 

Council; telephone: (503) 820–2409. 

SUPPLEMENTARY INFORMATION: The 

purpose of this online meeting is for the 

MPC to consider two draft 

Programmatic Environmental Impact 

Statements (PEIS) anticipated for release 

in November. The Bureau of Ocean 

Energy Management (BOEM) is 

developing a draft PEIS to analyze the 

potential impacts of, and mitigation 

measures for, floating offshore wind 

(OSW) energy development in the five 

leased areas off Humboldt and Morro 

Bays, CA. In addition, the National 

Oceanic and Atmospheric 

Administration (NOAA) is developing a 

draft PEIS to identify areas in Federal 

waters off Southern California that 

would be suitable for future aquaculture 

development, and to analyze potential 

impacts to the human environment that 

may occur should aquaculture projects 

be proposed in Aquaculture 

Opportunity Areas. The MPC may 

consider other OSW or aquaculture 

issues as appropriate. 

Although non-emergency issues not 

contained in the meeting agenda may be 

discussed, those issues may not be the 

subject of formal action during this 

meeting. Action will be restricted to 

those issues specifically listed in this 

document and any issues arising after 

publication of this document 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 intent to take final action to address 

the emergency. 

Special Accommodations 

Requests for sign language 

interpretation or other auxiliary aids 

should be directed to Mr. Kris 

Kleinschmidt (kris.kleinschmidt@

noaa.gov; (503) 820–2412) at least 10 

days prior to the meeting date. 

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

Dated: November 14, 2024. 

Rey Israel Marquez, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2024–26924 Filed 11–18–24; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 25–C0001] 

Proposed Settlement Agreement, 

Stipulation, Order and Judgement, 

etc.; Bestar, Inc. 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Commission publishes in 

the Federal Register any settlement that 

it provisionally accepts under the 

Consumer Product Safety Act. 

Published below is a provisionally 

accepted Settlement Agreement with 

Bestar, Inc., containing a civil penalty in 

the amount of $16,025,000 subject to the 

terms and conditions of the Settlement 

Agreement. The Commission voted 

unanimously (5–0) to provisionally 

accept the proposed Settlement 

Agreement and Order pertaining to 

Bestar. Inc. 

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 

4, 2024. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to 

Comment 25–C0001, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814; telephone: (240) 

863–8938 (mobile), (301) 504–7479 

(office); email: cpsc-os@cpsc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Serena Anand, Trial Attorney, Division 

of Enforcement and Litigation, Office of 

Compliance and Field Operations, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814; sanand@cpsc.gov; 

301–504–7498 (office). 

SUPPLEMENTARY INFORMATION: The text of 

the Settlement Agreement and Order 

appear below. 

Dated: November 14, 2024. 

Elina Lingappa, 

Paralegal Specialist. 

United States of America 

Consumer Product Safety Commission 

In the Matter of: BESTAR, INC. 

CPSC Docket No.: 25–C0001 

Settlement Agreement 

1. In accordance with the Consumer 

Product Safety Act, 15 U.S.C. 2051— 

2089 (‘‘CPSA’’), and 16 CFR 1118.20, 

Bestar, Inc. (‘‘Bestar’’), and the United 

States Consumer Product Safety 

Commission (‘‘Commission’’ or 

‘‘CPSC’’), 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. Bestar is a corporation, organized 

and existing under the laws of the 

province of Que ́bec, Canada, with its 

principal place of business in LacMe ́gantic, Que ́bec, Canada. Bestar also 

maintains a manufacturing facility in 

Jamestown, NY and distribution center 

in Erie, PA. 

Staff Charges 

4. Between June 2014 and March 

2022, Bestar manufactured and 

distributed in the United States 

approximately 129,000 wall beds (the 

‘‘Subject Products’’). 

5. The Subject Products are 

‘‘consumer products’’ that were 

‘‘manufactur[ed]’’and ‘‘distribut[ed] in 

commerce,’’ as those terms are defined 

or used in Sections 3(a)(5), (7), and (10) 

of the CPSA, 15 U.S.C. 2052(a)(5), (7), 

and (10). Bestar is a ‘‘manufacturer’’ and 

‘‘distributor’’ of the Subject Products, as 

such terms are defined in Sections 

3(a)(8) and (11) of the CPSA, 15 U.S.C. 

2052(a)(8) and (11). 

Violation of CPSA Section 19(a)(4) 

6. The Subject Products contain a 

defect which could create a substantial 

product hazard or create an 

unreasonable risk of serious injury 

because the wall beds can detach from 

the wall and fall onto those nearby, 

posing a serious impact and crush 

hazard. 


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7. Beginning in September 2014 and 

continuing through 2022, Bestar 

received numerous reports that the 

Subject Products had detached from the 

wall. By 2016, Bestar had received 

notice of two incidents in which 

consumers were injured by a falling 

Subject Product. Bestar engaged with 

CPSC and Health Canada in response to 

these two incidents, but did not inform 

regulators of the additional five 

incidents it had become aware of by that 

time. 

8. In 2018, a Subject Product detached 

and fell on top of a consumer, causing 

injuries which required immediate 

hospitalization and eventually led to her 

death later that year, constituting 

grievous bodily injury, as defined in 16 

CFR 1115.12(d). 

9. During the relevant timeframe, 

Bestar continued to accumulate incident 

information, and by the time Bestar filed 

its Section 15(b) Full Report with the 

Commission under 15 U.S.C. 2064(b), 

Bestar was aware of at least 35 

incidents, including 1 fatality and 15 

injuries, some of which were serious. 

10. Despite possessing information 

that reasonably supported the 

conclusion that the Subject Products 

contained a defect that could create a 

substantial product hazard or created an 

unreasonable risk of serious injury or 

death, Bestar did not immediately report 

to the Commission. 

11. The Commission and Bestar 

jointly announced a recall of the Subject 

Products on April 7, 2022. 

Failure To Timely Report 

12. Despite having information 

reasonably supporting the conclusion 

that the Subject Products contained a 

defect which could create a substantial 

product hazard or created an 

unreasonable risk of serious injury or 

death, Bestar did not notify 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), in violation of 

Section 19(a)(4) of the CPSA, 15 U.S.C. 

2068(a)(4). 

13. Because the information in 

Bestar’s possession about the Subject 

Products constituted actual and 

presumed knowledge, Bestar 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). 

14. Pursuant to Section 20 of the 

CPSA, 15 U.S.C. 2069, Bestar is subject 

to civil penalties for its knowing 

violation of Section 19(a)(4) of the 

CPSA, 15 U.S.C. 2068(a)(4). 

Response of Bestar 

15. This Agreement does not 

constitute an admission by Bestar to the 

allegations set forth in paragraphs 4 

through 14, including allegations that 

Bestar violated any statute or regulation, 

or knowingly violated the CPSA or 

CPSIA. 

16. At all times, Bestar acted in good 

faith. 

17. Bestar has received no 

substantiated claims that the Subject 

Products have fallen or injured 

consumers when the beds were properly 

assembled and anchored to the wall. 

18. Bestar asserts that the Subject 

Products do not contain any defect, let 

alone a defect that could create a 

substantial product hazard or an 

unreasonable risk of serious injury or 

death. 

19. Bestar asserts that it timely 

submitted a report after the 2018 

incident in accordance with Section 

15(b) of the CPSA, and its implementing 

regulations, following a reasonable 

investigation which indicated that 

despite robust instructions and 

warnings, the Subject Products may 

pose a risk of injury if improperly 

installed. 

Agreement of the Parties 

20. Under the CPSA, the Commission 

has jurisdiction over the matter 

involving the Subject Products and 

Bestar. 

21. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Bestar or a determination 

by the Commission that Bestar violated 

the CPSA. 

22. In settlement of staff’s allegations, 

and to avoid the cost, distraction, delay, 

uncertainty, and inconvenience of 

protracted litigation or other 

proceedings, Bestar shall pay a civil 

penalty in the amount of sixteen 

million, twenty-five thousand dollars 

($16,025,000) (‘‘Total Civil Penalty 

Amount’’). In reliance on the accuracy, 

truthfulness, and completeness of 

Bestar’s representations and the 

documentation referenced below in 

paragraph 23, the Commission agrees to 

suspend all but four million dollars 

($4,000,000) of the Total Civil Penalty 

Amount (‘‘$4,000,000 Payment’’), on the 

terms and conditions set forth in this 

Agreement. The $4,000,000 Payment 

shall be paid in six total installments. 

The first installment, one million 

dollars ($1,000,000), shall be paid 

within thirty (30) calendar days after 

Bestar receives service of the 

Commission’s Final Order accepting the 

Agreement. The remaining three million 

dollars ($3,000,000) shall be paid in 

installments annually on the following 

schedule: five hundred thousand dollars 

($500,000) one (1) year from the date of 

final acceptance; five hundred thousand 

dollars ($500,000) two (2) years from the 

date of final acceptance; five hundred 

thousand dollars ($500,000) three (3) 

years from the date of final acceptance; 

five hundred thousand dollars 

($500,000) four (4) years from the date 

of final acceptance; one million dollars 

($1,000,000) five (5) years from the date 

of final acceptance. All payments to be 

made under the Agreement shall 

constitute debts owing to the United 

States and shall be made by electronic 

wire transfer to the United States via 

http://www.pay.gov, for allocation to, 

and credit against, the payment 

obligations of Bestar under this 

Agreement. Failure to make any 

payment by the dates specified in this 

paragraph shall constitute ‘‘Default,’’ 

making the Total Civil Penalty Amount, 

plus any accrued and unpaid interest 

minus any penalty amounts paid by 

Bestar, immediately due and payable. 

23. The Commission’s agreement to 

suspend part of the Total Civil Penalty 

Amount is expressly premised upon 

Bestar’s representations that the 

following financial documents, 

communications, and representations 

provided by Bestar do not contain any 

untrue statement of a material fact or 

omit any material fact necessary in 

order to make the statement therein, 

true, accurate, and not misleading: 

(i) the sworn Affidavit of Luc 

Mongeau (attached as Exhibit A to the 

Agreement) signed on October 17, 2024; 

and 

(ii) the Audited Financial Statements, 

documentation on the industry outlook 

and Bestar’s decline in sales, and the 

Credit Forbearance Letter of Bestar, 

submitted to Commission counsel 

Serena Anand on June 19, 2024 and 

September 26, 2024 (collectively, 

‘‘Bestar’s Representations’’). 

24. If Bestar failed to disclose any 

material asset, materially misstated the 

value of any asset, or made any other 

material misstatement or omission in 

Bestar’s Representations, or if Bestar 

fails to make a payment ordered 

pursuant to this agreement within the 

agreed upon time frame, the suspension 

of the Total Civil Penalty Amount shall 

be lifted, and the entire $16,025,000 

Total Civil Penalty Amount shall 

become immediately due and payable. 

25. The Commission or the United 

States may seek enforcement for any 

breach of, or any failure to comply with, 

any provision of this Agreement and 

Order in United States District Court, to 

seek relief including, but not limited to, 


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lifting the suspension of the Total Civil 

Penalty Amount and collecting amounts 

due. 

26. All unpaid amounts, if any, due 

and owing under the Agreement, shall 

constitute a debt due and immediately 

owing by Bestar to the United States, 

and interest shall accrue and be paid by 

Bestar at the federal legal rate of interest 

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

from the date of Default, until all 

amounts due have been paid in full 

(hereinafter ‘‘Default Payment Amount’’ 

and ‘‘Default Interest Balance’’). Bestar 

shall consent to a Consent Judgment in 

the amount of the Default Payment 

Amount and Default Interest Balance, 

and the United States, at its sole option, 

may collect the entire Default Payment 

Amount and Default Interest Balance, or 

exercise any other rights granted by law 

or in equity, including, but not limited 

to, referring such matters for private 

collection, and Bestar agrees not to 

contest, and hereby waives and 

discharges any defenses to, any 

collection action undertaken by the 

United States, or its agents or 

contractors, pursuant to this paragraph. 

Bestar shall pay the United States all 

reasonable costs of collection and 

enforcement under this paragraph, 

respectively, including reasonable 

attorney’s fees and expenses. 

27. After staff receives this Agreement 

executed on behalf of Bestar, 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). 

28. 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 CFR 

1118.20(h). Upon the later of: (i) 

Commission’s final acceptance of this 

Agreement and service of the accepted 

Agreement upon Bestar, 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. 

29. Effective upon the later of: (1) the 

Commission’s final acceptance of the 

Agreement and service of the accepted 

Agreement upon Bestar and (2) the date 

of issuance of the Final Order, for good 

and valuable consideration, Bestar 

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 Bestar 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. 

30. Bestar shall maintain a 

compliance program designed to ensure 

compliance with the CPSA with respect 

to any consumer product imported, 

manufactured, distributed or sold by 

Bestar, which shall contain the 

following elements: 

(i) written standards, policies and 

procedures concerning products sold by 

Bestar in the United States, including 

those designed to ensure that 

information that may relate to or impact 

CPSA compliance is conveyed 

effectively to personnel responsible for 

CPSA compliance, whether or not an 

injury has been reported; 

(ii) procedures and systems for 

tracking and reviewing claims, 

including warranty claims and reports 

for safety concerns, and for 

implementing corrective and preventive 

actions when compliance deficiencies 

or violations are identified; 

(iii) procedures requiring that 

information required to be disclosed by 

Bestar to the Commission is recorded, 

processed, and reported in accordance 

with applicable law; 

(iv) procedures requiring that all 

reporting made to the Commission is 

timely, truthful, complete, accurate, and 

in accordance with applicable law; 

(v) procedures requiring that 

immediate disclosure is made to 

Bestar’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, 

Bestar’s ability to record, process and 

report to the Commission in accordance 

with applicable law; 

(vi) mechanisms to effectively 

communicate to all applicable Bestar 

employees, through training programs 

or other means, compliance-related 

company policies and procedures to 

prevent violations of the CPSA; 

(vii) a mechanism for confidential 

employee reporting of compliancerelated questions or concerns to either a 

compliance officer or to another senior 

manager with authority to act as 

necessary; 

(viii) Bestar’s senior management 

responsibility for CPSA compliance 

including the implementation of steps 

to ensure that incident and injury data 

is reviewed and analyzed for purposes 

of CPSA Section 15(b) reporting; 

(ix) for at least three (3) years, an 

annual internal audit of the 

effectiveness of policies, procedures, 

systems, and training related to CPSA 

compliance that evaluates opportunities 

for improvement, deficiencies or 

weaknesses, and the Firm’s overall 

culture of compliance; and 

(x) retention of all CPSA compliancerelated records for at least five (5) years, 

and availability of such records to CPSC 

staff upon request. 

31. Bestar shall submit a report under 

CPSA Section 16(b), sworn to under 

penalty of perjury: 

(i) describing in detail its compliance 

program and internal controls and the 

actions Bestar has taken to comply with 

each subparagraph of paragraph 30; 

(ii) affirming that during the reporting 

period Bestar has reviewed its 

compliance program and internal 

controls, including the actions 

referenced in subparagraph (i) of this 

paragraph, for effectiveness, and that it 

complies with each subparagraph of 

paragraph 30, or describing in detail any 

non-compliance with any such 

subparagraph; and 

(iii) identifying the results of the 

annual internal audit referenced in 

paragraph 30(ix) and any changes or 

modifications made during the reporting 

period to the Bestar’s compliance 

program or internal controls to ensure 

compliance with the terms of the CPSA 

and, in particular, the requirements of 

CPSA Section 15 related to timely 

reporting. 

Such reports shall be submitted 

annually to the Director, Office of 

Compliance and Field Operations, 

Division of Enforcement and Litigation, 

for a period of three (3) years beginning 

12 months after the Commission’s Final 

Order of acceptance of the Agreement. 

The first report shall be submitted 30 

days after the close of the first 12-month 

reporting period, and successive reports 

shall be due annually on the same date 

thereafter. Without limitation, Bestar 

acknowledges and agrees that failure to 

make such timely and accurate reports 

as required by this Agreement and 

Order may constitute a violation of 

Section 19(a)(3) of the CPSA. 

32. Notwithstanding and in addition 

to the above, Bestar shall promptly 

provide written documentation of any 


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changes or modifications to its 

compliance program or internal controls 

and procedures, including the effective 

dates of the changes or modifications 

thereto. Bestar shall cooperate fully and 

truthfully with staff and shall make 

available all non-privileged information 

and materials and personnel deemed 

necessary by staff to evaluate Bestar’s 

compliance with the terms of the 

Agreement. 

33. The parties acknowledge and 

agree that the Commission may 

publicize the terms of the Agreement 

and the Order. 

34. Bestar 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 Bestar, enforceable against 

Bestar in accordance with its terms. 

35. The signatories represent that they 

are duly authorized to execute this 

Agreement. 

36. The Agreement is governed by the 

laws of the United States. 

37. The Agreement and the Order 

shall apply to, and be binding upon, 

Bestar and each of successors, 

transferees, and assigns; and a violation 

of the Agreement or Order may subject 

Bestar, and each of successors, 

transferees, and assigns, to appropriate 

legal action. 

38. The Agreement, any attachments, 

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 Bestar agree 

in writing that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 


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91370 Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 

BILLING CODE 6355–01–C 

United States of America, Consumer 

Product Safety Commission 

In the Matter of: Bestar, Inc. 

CPSC Docket No.: 25–C0001 

Order 

Upon consideration of the Settlement 

Agreement entered into between Bestar, 

Inc. (‘‘Bestar’’) and the U.S. Consumer 

Product Safety Commission 

(‘‘Commission’’ or ‘‘CPSC’’), and the 

Commission having jurisdiction over 

the subject matter and over Bestar it 

appearing that the Settlement 

Agreement is in the public interest, the 

Settlement Agreement is incorporated 

by reference and it is: 

Provisionally accepted and 

provisional Order issued on the 12th 

day of November, 2024. 

By Order of the Commission: 

/s/ lllllllllllllllllll

Alberta E. Mills, 

Secretary, U.S. Consumer Product Safety 

Commission. 

Exhibit A to Settlement Agreement 

Affidavit of Luc Mongeau, President of 

Bestar, Inc. 

I, the undersigned, swear and affirm 

that I am employed by Bestar, Inc. 

(‘‘Bestar’’), that I hold the position 

indicated below, and, by reason of my 

position, I am authorized and qualified 

to make the following statements. All 

capitalized terms not defined in this 

affidavit shall have the meanings given 

to them in the Settlement Agreement 

between Bestar and the U.S. Consumer 

Product Safety Commission (‘‘CPSC’’) 

dated the same date, of which this 

affidavit is a part: 

1. I have reviewed Bestar’s financial 

statements and other documents 

identified in paragraph 23 of the 

Settlement Agreement, and they are 

complete, accurate and current, and 

fairly represent the financial conditions 

of Bestar as of the dates, and for the 

periods, indicated therein. 


ddrumheller on DSK120RN23PROD with NOTICES1EN19NO24.006</GPH>

Dated: October 17, 2024 

Dated: October 17, 2024 

Dated: October 18, 2024 

BESTAR, INC. 

By:-------------

Luc Mongeau 

Bestar, Inc. 

President 

l 

. ,-····I·····•·+}•·••······ By. / . /t .. ~·/_.,..,_\ ________ _ 

Erik S'\Vanholt 

Foley & Lardner LLP 

Counsel to Bestar, Inc. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION 

Mary B. Murphy, Director 

Gregory M. Reyes, Supervisory Attorney 

By: ___________ _ 

Serena Anand, Trial Attorney 

Division of Enforcement and Litigation 

Office of Compliance and Field Operations 
Federal Register / Vol. 89, No. 223 / Tuesday, November 19, 2024 / Notices 91371 

2. To my knowledge and belief, Bestar 

has provided all available documents 

and information responsive to the 

CPSC’s requests. 

3. To my knowledge and belief, the 

information provided by Bestar to the 

CPSC does not, as of the date of the 

Settlement Agreement, and did not, at 

the time provided to the CPSC, contain 

any untrue statement of a material fact 

or omit any material fact necessary in 

order to make the statement therein, in 

light of the circumstances under which 

they were made, not misleading. 

4. Bestar has insufficient cash or other 

liquid assets to satisfy a civil penalty 

payment in excess of $4,000,000. Bestar 

is wholly owned by shareholders who 

will not infuse additional capital into 

the company, and who are under no 

obligation to do so. 

5. As of December 31, 2023, Bestar 

breached certain loan covenants based 

on its financial ratios and was in Default 

under the terms of its Credit Agreement. 

Bestar has provided copies of the 

Tolerance Letter entered into between 

Bestar and its lenders to CPSC staff. As 

a result of this breach, Bestar has been 

unable to obtain additional funding 

from its existing lenders and was 

operating under a ‘‘Tolerance Period’’ 

while in Default. Since then, Bestar has 

been cooperating with its lenders to 

continue operations while it works 

toward a long-term solution for its dire 

financial condition. 

6. Bestar has attempted to obtain 

funding from unaffiliated third-parties 

but has been unable to secure such 

funding. To my knowledge, Bestar has 

provided copies of these documents and 

communications to CPSC staff. 

7. Any civil penalty payment by 

Bestar in excess of $4,000,000, would 

cause Bestar significant financial 

hardship and compel Bestar to cease 

operations as an ongoing business. 

I declare under penalty of perjury that 

the foregoing is true and correct to my 

knowledge and belief. I understand that 

any intentional false statement in this 

declaration may be a criminal offense 

under 18 U.S.C. 1001. 

[FR Doc. 2024–26934 Filed 11–18–24; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Defense Advisory Committee on 

Women in the Services; Notice of 

Federal Advisory Committee Meeting 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness, 

Department of Defense (DoD). 

ACTION: Notice of Federal advisory 

committee meeting. 

SUMMARY: The DoD is publishing this 

notice to announce that the following 

Federal Advisory Committee meeting of 

the Defense Advisory Committee on 

Women in the Services (DACOWITS) 

will take place. 

DATES: DACOWITS will hold an open to 

the public meeting—Tuesday, December 

10, 2024, from 8 a.m. to 12:15 p.m. 

(EST). Wednesday, December 11, 2024, 

from 8 a.m. to 11:30 a.m. (EST). 

ADDRESSES: The meeting will take place 

at the Association of the United States 

Army Conference Center, located at 

2425 Wilson Boulevard, Arlington, 

Virginia 22201. The meeting will also be 

streamed virtually. To participate in the 

meeting, see the Meeting Accessibility 

section for instructions. 

FOR FURTHER INFORMATION CONTACT: 

Colonel Seana Jardin, Designated 

Federal Officer (DFO), (703) 697–2122 

(voice), seana.m.jardin.mil@army.mil 

(email). The most up-to-date changes to 

the meeting agenda can be found on the 

website: https://dacowits.defense.gov. 

SUPPLEMENTARY INFORMATION: This 

meeting is being held under the 

provisions of chapter 10 of title 5, 

United States Code (U.S.C.) (commonly 

known as the ‘‘Federal Advisory 

Committee Act’’ or ‘‘FACA’’), 5 U.S.C. 

552b (commonly known as the 

‘‘Government in the Sunshine Act’’), 

and 41, Code of Federal Regulations 

(CFR) sections 102–3.140 and 102– 

3.150. 

Availability of Materials for the 

Meeting: Additional information, 

including the agenda or any updates to 

the agenda, is available at the 

DACOWITS website, https://

dacowits.defense.gov/. Materials 

presented in the meeting may also be 

obtained on the DACOWITS website. 

Purpose of the Meeting: The purpose 

of the meeting is for the DACOWITS to 

receive briefings and have discussions 

on topics related to the recruitment, 

retention, employment, integration, 

well-being, and treatment of women in 

the Armed Forces of the United States. 

Agenda: Tuesday, December 10, 2024, 

from 8 a.m. to 12:15 p.m.—Welcome; 

Introductions; Announcements; Request 

for Information Status Update; Briefing 

from the Office of People Analytics on 

Current Market Surveys; Briefings from 

Military Personnel Policy and the 

Military Services on Flexibility and 

Permeability; Briefing from the Navy on 

Women in Submarines; and a Public 

Comment Period from 12 p.m. to 12:15 

p.m. 

Wednesday, December 11, 2024, from 

8 a.m. to 11:30 a.m.—Welcome; 

Introductions; Announcements; Awards 

Ceremony; Briefing from the Defense 

Health Agency and the Military Services 

on Eating Disorders; and Briefing from 

the Defense Health Agency and the 

Military Services on Perimenopause, 

Menopause, and Hormonal Imbalance. 

Meeting Accessibility: Pursuant to 5 

U.S.C. 552b and 41 CFR 102–3.140 

through 102–3.165, this meeting is open 

to the public, subject to availability of 

space, from 8 a.m. to 12:15 p.m. on 

December 10, 2024, and from 8 a.m. to 

11:30 a.m. on December 11, 2024. The 

meeting will also be streamed by 

videoconference. The number of 

participants is limited and is on a firstcome basis. Any member of the public 

who wishes to participate via 

videoconference must register by 

contacting DACOWITS at 

osd.pentagon.ousd-p-r.mbx.dacowits@

mail.mil or by contacting Mr. Robert 

Bowling at (703) 380–0116 no later than 

Tuesday, December 3, 2024. Once 


ddrumheller on DSK120RN23PROD with NOTICES1EN19NO24.007</GPH>

Executed on October 17, 2024 

Signed by: ~ A(cr=---

Luc Mongeau 

President, Bestar, Inc.