55648 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices 

Amendment 5 alternatives currently 

address adjustments to the fishery 

management program and reporting 

requirements for vessels and dealers, 

measures to address trip notification 

requirements, carrier vessels, and 

transfers of herring at-sea. It also may 

include a catch monitoring program that 

could maximize sampling and address 

net slippage, alternatives to allocate 

observer coverage on limited access 

herring vessels, river herring bycatch 

and criteria for midwater trawl vessel 

access to year-round groundfish closed 

areas. 

Although other non-emergency issues 

not contained in this agenda may come 

before this Council for discussion, those 

issues may not be the subjects of formal 

action during this meeting. Council 

action will be restricted to those issues 

specifically listed in this notice and any 

issues arising after publication of this 

notice that require emergency action 

under section 305(c) of the MagnusonStevens Act, provided that 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. 

Dated: September 2, 2011. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–22972 Filed 9–7–11; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, September 

14, 2011; 11 a.m.–12 p.m. 

PLACE: Hearing Room 420, Bethesda 

Towers, 4330 East West Highway, 

Bethesda, Maryland. 

STATUS: Closed to the Public. 

Matter To Be Considered 

Compliance Status Report 

The Commission staff will brief the 

Commission on the status of compliance 

matters. For a recorded message 

containing the latest agenda 

information, call (301) 504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: September 6, 2011. 

Todd A Stevenson, 

Secretary. 

[FR Doc. 2011–23110 Filed 9–6–11; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting Notice 

TIME AND DATE: Wednesday, September 

14, 2011, 10–11 a.m. 

PLACE: Room 420, Bethesda Towers, 

4330 East West Highway, Bethesda, 

Maryland. 

STATUS: Commission Meeting—Open to 

the Public. 

Matters To Be Considered 

Decisional Matter: Proposed Standard 

for Play Yards. 

A live webcast of the Meeting can be 

viewed at http://www.cpsc.gov/webcast. 

For a recorded message containing the 

latest agenda information, call (301) 

504–7948. 

CONTACT PERSON FOR MORE INFORMATION: 

Todd A. Stevenson, Office of the 

Secretary, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, MD 20814, (301) 

504–7923. 

Dated: September 6, 2011. 

Todd A. Stevenson, 

Secretary. 

[FR Doc. 2011–23109 Filed 9–6–11; 4:15 pm] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 11–C0010] 

Sunsations 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 Sunsations 

Inc., containing a civil penalty of 

$60,000.00. 

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 September 

23, 2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 11–C0010, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Mary B. Murphy, Assistant General 

Counsel, Division of Compliance, Office 

of the General Counsel, Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, Maryland 

20814–4408; telephone (301) 504–7809. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: September 1, 2011. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Sunsations Inc., including its officers, 

agents, directors, and assigns 

(collectively, ‘‘Sunsations’’), and the 

staff of the United States Consumer 

Product Safety Commission 

(‘‘Commission’’ or ‘‘Staff’’) 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 Staff is the staff of the 

Commission, an independent federal 

regulatory agency established pursuant 

to, and responsible for the enforcement 

of, the Consumer Product Safety Act, 15 

U.S.C. 2051–2089 (‘‘CPSA’’). 

3. Sunsations is a corporation, 

organized and existing under the laws of 

Virginia, with its principal offices 

located in Virginia Beach, Virginia. At 

all relevant times, Sunsations sold 

apparel, accessories, and other products. 

Staff Allegations 

4. Between March 2008 and 

November 2010, Sunsations sold and/or 

held for sale various children’s upper 

outerwear products with drawstrings at 

the hood or neck. Specifically, from 

March 2008 through July 2009, 

Sunsations sold and/or held for sale 

children’s upper outerwear products 

with drawstrings at the hood or neck 

(sweatshirts), manufactured by GJC 

International and Top Image USA. From 

May 2009 through November 2010, 

Sunsations sold and/or held for sale 


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children’s upper outerwear products 

with drawstrings at the hood or neck 

(sweatshirts), manufactured by Exist 

Inc. and Ragwear. The products 

identified in this paragraph are 

referenced collectively in this document 

as the ‘‘Sweatshirts.’’ 

5. The Sweatshirts were sold and/or 

held for sale to consumers by 

Sunsations. 

6. The Sweatshirts are ‘‘consumer 

product[s],’’ and, at all relevant times, 

Sunsations was a ‘‘retailer’’ of those 

consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

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

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

7. In February 1996, Staff issued the 

Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(‘‘Guidelines’’) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items, such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, Staff recommends that no 

children’s upper outerwear sizes 2T to 

12 be manufactured or sold to 

consumers with hood and neck 

drawstrings. 

8. In June 1997, ASTM adopted a 

voluntary standard (ASTM F1816–97) 

incorporating the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards of children’s upper 

outerwear products with drawstrings at 

the hood or neck and should ensure that 

garments they sell conform to the 

voluntary standard. 

9. On May 19, 2006, the Commission 

posted on its website a letter from the 

Commission’s Director of the Office of 

Compliance to manufacturers, 

importers, and retailers of children’s 

upper outerwear. The letter urges them 

to make certain that all children’s upper 

outerwear sold in the United States 

complies with ASTM F1816–97. The 

letter states that Staff considers 

children’s upper outerwear with 

drawstrings at the hood or neck area to 

be defective and to present a substantial 

risk of injury to young children under 

Federal Hazardous Substances Act 

(‘‘FHSA’’) section 15(c), 15 U.S.C. 

1274(c). The letter also sets forth the 

reporting requirements of CPSA section 

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

10. Sunsations’ distribution in 

commerce of the Sweatshirts did not 

meet the Guidelines or ASTM F1816– 

97, failed to comport with the Staff’s 

May 2006 defect notice, and posed a 

strangulation hazard to children. 

11. On December 3, 2009 and March 

10, 2011, the Commission announced 

Sunsations’ recalls of the Sweatshirts. 

12. Sunsations had presumed and 

actual knowledge that the Sweatshirts 

distributed in commerce posed a 

strangulation hazard and presented a 

substantial risk of injury to children 

under FHSA section 15(c)(1), 15 U.S.C. 

1274(c)(1). Sunsations had obtained 

information that reasonably supported 

the conclusion that the Sweatshirts 

contained a defect that could create a 

substantial product hazard or that the 

Sweatshirts created an unreasonable 

risk of serious injury or death. Pursuant 

to CPSA sections 15(b)(3) and (4), 15 

U.S.C. 2064(b)(3) and (4), Sunsations 

was required to inform the Commission 

immediately of the defect and risk. 

13. Sunsations knowingly failed to 

inform the Commission immediately 

about the Sweatshirts, as required by 

CPSA sections 15(b)(3) and (4), 15 

U.S.C. 2064(b)(3) and (4), and as the 

term ‘‘knowingly’’ is defined in CPSA 

section 20(d), 15 U.S.C. 2069(d). This 

failure violated CPSA section 19(a)(4), 

15 U.S.C. 2068(a)(4). Pursuant to CPSA 

section 20, 15 U.S.C. 2069, this failure 

subjected Sunsations to civil penalties. 

Response of Sunsations 

14. Between April 2006 and July 

2009, Staff alleged that Sunsations sold 

and/or held for sale various children’s 

upper outerwear products with 

drawstrings at the hood or neck. From 

May 2009 through November 2010, Staff 

also alleged that Sunsations sold and/or 

held for sale upper outerwear products 

manufactured by Exist Inc. and 

Ragwear, labeled sizes ‘‘S,’’ ‘‘M,’’ and 

‘‘L,’’ and bearing drawstrings at the 

hood or neck, which Staff alleged were 

equivalent to children’s sizes 2T 

through 12. Sunsations and its agents, 

officers, and employees deny Staff’s 

allegations in paragraphs 4–13 above, 

including the allegation that Sunsations 

violated the CPSA. 

15. Sunsations maintains that it never 

received any information that would 

support the conclusion that any hooded 

sweatshirts it sold were defective, 

within the meaning of the CPSA, until 

Staff contacted Sunsations in July 2009. 

Specifically, Sunsations maintains that 

it never received the Commission’s 2006 

letter. 

16. Immediately after Staff contacted 

Sunsations in July 2009, Sunsations 

initiated a recall of all defective 

products and offered consumers a full 

refund. The recall encompassed 

garments sold by stores in Virginia 

Beach, Virginia, Ocean City, Maryland, 

and North Carolina from April 2006 

through July 2009. 

17. In December 2009, Sunsations 

initiated a recall of sweatshirts 

manufactured by GJC International and 

Top Image USA and offered consumers 

a full refund for sweatshirts sold at 

stores in Virginia Beach, VA, Ocean 

City, MD, and North Carolina from April 

2006 to July 2009. In March 2011, 

Sunsations initiated a recall of 

sweatshirts manufactured by Exist Inc. 

and Ragwear and offered consumers a 

full refund for sweatshirts sold at stores 

in Virginia Beach, Virginia, Ocean City, 

Maryland, and North Carolina from May 

2009 through November 2010. 

18. The Agreement and Order do not 

constitute an admission of liability on 

the part of Sunsations. 

Agreement of the Parties 

19. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Sunsations. 

20. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Sunsations, or a 

determination by the Commission, that 

Sunsations knowingly violated the 

CPSA. 

21. In settlement of Staff’s allegations, 

Sunsations shall pay a civil penalty in 

the amount of sixty thousand dollars 

($60,000.00). The civil penalty shall be 

paid within twenty (20) calendar days of 

service of the Commission’s final Order 

accepting the Agreement. The payment 

shall be made electronically to the 

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

22. The Commission will not seek any 

additional civil penalties from 

Sunsations for possible violations of 

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

2068(a)(4), regarding the alleged 

violations, or with respect to 

information contained in the Full 

Reports under CPSC § 15(b), 15 U.S.C. 

2064(b), and 16 CFR 1115.13(d), as of 

the date of the signing of this agreement. 

23. Sunsations shall conduct a 

comprehensive review of its existing 

apparel inventory for purposes of 

identifying any upper outerwear bearing 

drawstrings at the hood or neck 

(‘‘Drawstring Garments’’), irrespective of 

whether such garments are are sized, 

marketed, or otherwise intended for use 

by children. Through this review, an 

Inventory Review Completion Report 

will be prepared and submitted to Staff 

by Sunsations no later than ten (10) 

calendar days of service of the 

Commission’s final Order accepting the 

agreement. A purpose of this inventory 

review is to provide guidance to 

Sunsations for determining what 

constitutes children’s upper outerwear 

within the meaning of the ASTM 


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55650 Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices 

F1816–97 voluntary standard and 

related Commission guidelines. 

24. Sunsations shall designate an 

employee to serve as its Product Safety 

Manager (‘‘Manager’’). The Manager’s 

duties will include, but will not be 

limited to, reviewing Sunsations’ 

current and future purchases of upper 

outerwear to ensure that Sunsations 

does not purchase for sale or distribute 

in commerce, children’s upper 

outerwear with drawstrings at the neck 

or hood. 

25. The Inventory Review Completion 

Report shall include, to the extent 

available, the following information: 

a. A description (by style number) of 

the Drawstring Garments in inventory 

that Sunsations reviewed, and the 

approximate number of units of each 

Drawstring Garment that Sunsations 

holds in inventory as of the date of 

signing of this agreement; 

b. The style, most recent date(s) of 

purchase, the identity of the company/ 

ies from which the Drawstring Garments 

was/were purchased, and (if applicable) 

the period of time during which 

Sunsations sold or offered for sale the 

Drawstring Garments; 

c. One sample of each available size 

of each Drawstring Garment identified 

during the course of the inventory 

review; 

d. A description of the step(s) 

Sunsations has taken to ameliorate the 

strangulation hazards posed by each of 

the Drawstring Garments; 

e. The identity of the Manager who 

Sunsations has designated as 

responsible for Product Safety; 

f. A proposal outlining the methods 

by which the Manager will ensure that, 

from this point forward, Sunsations 

does not purchase children’s upper 

outerwear bearing drawstrings; and 

g. The following certification signed 

by an officer of Sunsations: 

Pursuant to 28 U.S.C. 1746, I certify under 

penalty of law that I have examined and am 

familiar with the information submitted in 

this document and all attachments and that 

the information is true and correct. I am 

aware that there are significant penalties for 

submitting false information to federal 

officials, including the possibility of fines 

and imprisonment. 

h. The report shall be directed to the 

following Staff: Seth Popkin, Lead Trial 

Attorney, Office of the General Counsel, 

Division of Compliance, U.S. Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814. 

26. Sunsations will not be liable for 

possible violations of subsection 

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

2068(a)(4), based on any information 

that Sunsations reports to the 

Commission as part of the Inventory 

Review Completion Report described in 

paragraph 25 above. However, 

Sunsations remains potentially liable for 

other possible violations of section 19(a) 

of the CPSA, 15 U.S.C. 2068(a), for 

information reported to the Commission 

after the date of the signing of this 

agreement. Except as expressly provided 

in this document, nothing in this 

Agreement is intended, nor may it be 

construed to alter Sunsations’ potential 

liabilities under any and all applicable 

laws, statutory provisions, regulations, 

rules, standards, and/or bans enforced 

and administered by the Commission. 

27. Upon 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) calendar 

days, the Agreement shall be deemed 

finally accepted on the sixteenth (16th) 

calendar day after the date it is 

published in the Federal Register. 

28. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Sunsations 

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 Order or of 

the Commission’s actions; (3) a 

determination by the Commission of 

whether Sunsations 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. 

29. The Commission may publicize 

the terms of the Agreement and the 

Order. 

30. The Agreement and the Order 

shall apply to, and be binding upon, 

Sunsations and each of its successors 

and assigns. 

31. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject 

Sunsations and each of its successors 

and assigns to appropriate legal action. 

32. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those 

contained in the Agreement and the 

Order may not be used to vary or 

contradict their terms. The Agreement 

shall not be waived, amended, 

modified, or otherwise altered without 

written agreement thereto executed by 

the party against whom such waiver, 

amendment, modification, or alteration 

is sought to be enforced. 

33. If any provision of the Agreement 

and 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 Sunsations 

agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

34. Sunsations represents that before 

making this Agreement it has consulted 

with its attorneys, and that its attorneys 

have participated in negotiating the 

substance of this Agreement and have 

reviewed the language of the 

Agreement. Sunsations represents that it 

is fully satisfied with the services of its 

attorneys with respect to the Agreement, 

and that it has entered into the 

Agreement voluntarily and with full 

knowledge of its legal rights. 

Sunsations Inc. 

Dated: August 11, 2011. By: 

lllllllllllllllllllll

Yaron Sibony, President, Sunsations Inc., 353 

Village Road, Virginia Beach, VA 23454. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, General Counsel. 

Mary B. Murphy, Assistant General Counsel, 

Office of the General Counsel. 

Dated: August 12, 2011. By: 

lllllllllllllllllllll

Jason E. Yearout, Trial Attorney, Division of 

Compliance, Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between 

Sunsations Inc. (‘‘Sunsations’’) and the 

U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over 

Sunsations, and it appearing that the 

Settlement Agreement and the Order are 

in the public interest, it is 

Ordered, that the Settlement 

Agreement be, and hereby is, accepted; 

and it is 

Further Ordered, that Sunsations shall 

pay a civil penalty in the amount of 

sixty thousand dollars ($60,000.00) 

within twenty (20) calendar days of 

service of the Commission’s final Order 

accepting the Agreement. The payment 

shall be made electronically to the CPSC 

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

failure of Sunsations to make the 

foregoing payment when due, interest 

on the unpaid amount shall accrue and 

be paid by Sunsations at the federal 

legal rate of interest set forth at 28 

U.S.C. 1961(a) and (b). 


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Federal Register / Vol. 76, No. 174 / Thursday, September 8, 2011 / Notices 55651 

Provisionally accepted and provisional 

Order issued on the 1st day of September, 

2011. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–22879 Filed 9–7–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal Nos. 11–33] 

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 July 21, 1996. 

FOR FURTHER INFORMATION CONTACT: Ms. 

B. English, DSCA/DBO/CFM, (703) 601– 

3740. 

The following is a copy of a letter to 

the Speaker of the House of 

Representatives, Transmittals 11–33 

with attached transmittal, policy 

justification, and Sensitivity of 

Technology. 

Dated: September 2, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

BILLING CODE 5001–06–P 


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