14080 Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices 

estimates that approximately 10% of 

these responses will be from small 

entities. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public from 5 minutes (0.08 hours) to 6 

hours to gather the necessary 

information, prepare the appropriate 

documents, and submit the information 

required for this collection. 

Estimated Total Annual Respondent 

Burden Hours: 88 hours. 

Estimated Total Annual Respondent 

Cost Burden: $32,354. The USPTO 

expects that the information in this 

collection will be prepared by attorneys 

and former employees, except for the 

requests for employee indemnification, 

which generally come from professional 

and supervisory staff. Since many of the 

former employees affected by this 

collection are attorneys, the estimated 

rate of $371 per hour for attorneys will 

be used for former employees as well. 

The USPTO estimates that the 

respondent cost burden for attorneys 

and former employees submitting the 

information in this collection will be 

$32,277 per year. 

Using the estimate of $77 per hour for 

professional and supervisory staff, the 

USPTO expects that the respondent cost 

burden for submitting requests for 

employee indemnification will be $77 

per year. Therefore, the USPTO 

estimates that the total respondent cost 

burden for this collection will be 

approximately $32,354 per year. 

Item Estimated time 

for response 

Estimated annual 

responses 

Estimated annual 

burden hours 

Petition to Waive Rules .................................................................................................... 30 minutes ........ 5 3 

Service of Process ............................................................................................................ 5 minutes .......... 243 19 

Forwarding Service ........................................................................................................... 10 minutes ........ 7 1 

Employee Testimony and Production of Documents in Legal Proceedings .................... 1 hour ............... 23 23 

Forwarding Demands ....................................................................................................... 10 minutes ........ 10 2 

Report of Unauthorized Testimony ................................................................................... 30 minutes ........ 1 1 

Report of Possible Indemnification Cases ....................................................................... 30 minutes ........ 3 2 

Employee Indemnification ................................................................................................. 30 minutes ........ 1 1 

Tort Claims ....................................................................................................................... 6 hours ............. 6 36 

Totals ......................................................................................................................... 299 88 

Estimated Total Annual Non-hour 

Respondent Cost Burden: $3,436. There 

are no capital start-up, maintenance, or 

recordkeeping costs associated with this 

information collection. However, this 

collection does have annual (non-hour) 

costs in the form of filing fees and 

postage costs. 

This collection has filing fees 

associated with the petition to waive or 

suspend the legal process rules under 37 

CFR 104.3. The USPTO estimates that 

approximately 5 petitions will be filed 

per year with a fee of $130, for a total 

fee cost of $650. There are no other fees 

associated with this information 

collection. 

Customers may incur postage costs 

when submitting the information in this 

collection to the USPTO by mail. The 

USPTO estimates that the average firstclass postage for a mailed submission, 

other than a Service of Process, will be 

92 cents and that up to 56 of these 

submissions will be mailed to the 

USPTO per year, for a postage cost of 

$52. The USPTO estimates that the 

average postage for a Service of Process 

will be $11.25 and that up to 243 of 

these submissions will be mailed to the 

USPTO per year, for a postage cost of 

$2,734. The total estimated postage cost 

for this collection is approximately 

$2,786 per year. 

The total annual (non-hour) 

respondent cost burden for this 

collection in the form of filing fees and 

postage costs is estimated to be 

approximately $3,436 per year. 

IV. Request for Comments 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for OMB 

approval. All comments will become a 

matter of public record. 

The USPTO is soliciting public 

comments to: 

(a) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; (b) Evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information, including the validity of 

the methodology and assumptions used; 

(c) Enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) Minimize the burden 

of the collection of information on those 

who are to respond, including through 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Dated: February 27, 2013. 

Susan K. Fawcett, 

Records Officer, USPTO, Office of the Chief 

Information Officer. 

[FR Doc. 2013–04867 Filed 3–1–13; 8:45 am] 

BILLING CODE 3510–16–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 13–C0004] 

Kolcraft Enterprises, 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 Kolcraft 

Enterprises, Inc., containing a civil 

penalty of $400,000.00, 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 19, 

2013. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 13–C0004, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices 14081 

FOR FURTHER INFORMATION CONTACT: 

Richa Shyam Dasgupta, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7798. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: February 27, 2013. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement and Order 

1. In accordance with the Consumer 

Product Safety Act (CPSA), 15 U.S.C. 

2051–2089, (CPSA), and 16 CFR 

1118.20, Kolcraft Enterprises, Inc. 

(Kolcraft) and staff (staff) of the United 

States Consumer Product Safety 

Commission (Commission or CPSC) 

hereby enter into this Settlement 

Agreement (Agreement). The Agreement 

and the attached Order resolve staff’s 

allegations set forth below. 

The Parties 

2. Staff is the staff of the Commission, 

an independent federal regulatory 

agency established pursuant to, and 

responsible for, enforcement of the 

CPSA. 

3. Kolcraft is a privately-held 

company, organized and existing under 

the laws of the state of Delaware, with 

its principal office located in Chicago, 

IL. 

4. Kolcraft is a small business as set 

forth in the Small Business 

Administration guidelines regarding 

size of business. 

Staff Allegations 

5. Between 2000 and 2009, Kolcraft 

imported approximately 1 million play 

yards (the ‘‘Play Yards’’) and distributed 

them nationwide through major retailers 

and Internet sales. 

6. The Play Yards are ‘‘consumer 

products’’ and, at all relevant times, 

Kolcraft was a ‘‘manufacturer’’ of 

‘‘consumer products,’’ of the subject 

Play Yards, which were ‘‘distribute[d] 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(3)(a)(5), (8), 

and (11). 

7. The Play Yards are defective 

because the side rail of a Play Yard can 

fail to latch properly, and when a child 

pushes against the rail, the rail can 

unlatch unexpectedly, posing a fall 

hazard to children. 

8. From 2000 through July 2009, 

Kolcraft received approximately 350 

reports of Play Yards collapsing 

unexpectedly, including 21 incidents 

that resulted in injuries to young 

children. 

9. In July 2005, Kolcraft engaged 

failure analysis experts to examine and 

test the latching system on the Play 

Yards. By August 2005, these experts 

had identified the potential for false 

latching. 

10. During 2006, Kolcraft made 

prospective improvements to the 

warning labels, instruction sheets, and 

the side-rail latch to eliminate false 

latching in future production of the Play 

Yards. None of these improvements 

addressed the potential for false latching 

that existed in the more than 880,000 

Play Yards in commerce at the time. 

11. Kolcraft waited until January 15, 

2009, however, to report to the CPSC 

regarding the Play Yards. 

12. On July 8, 2009, Kolcraft, in 

cooperation with the CPSC, announced 

a recall of the Play Yards. 

13. Well before January 15, 2009, 

Kolcraft had obtained sufficient 

information to reasonably support the 

conclusion that the Play Yards 

contained a defect that could create a 

substantial product hazard, or created 

an unreasonable risk of serious injury or 

death; yet, Kolcraft 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). In failing to inform 

the Commission immediately of the 

defect or risk involving the Play Yards, 

Kolcraft 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, Kolcraft 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 Kolcraft 

15. The Firm denies staff’s allegations 

that it knew that the Subject Products 

contained a defect which could create a 

substantial product hazard pursuant to 

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

2064(a), and further denies that it 

knowingly violated the reporting 

requirements of section 15(b) of the 

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

Agreement of the Parties 

16. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Kolcraft. 

17. The parties enter this Agreement 

for settlement purposes only. The 

Agreement does not constitute an 

admission by Kolcraft or a 

determination by the Commission that 

Kolcraft knowingly violated the CPSA. 

18. In settlement of staff’s allegations, 

Kolcraft shall pay a civil penalty in the 

amount of four hundred thousand 

dollars ($400,000.00) (Settlement 

Amount). 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 to the CPSC via: 

www.pay.gov. 

19. Upon 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 it is 

published in the Federal Register, in 

accordance with 16 CFR 1118.20(f). 

20. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the Order, Kolcraft 

knowingly, voluntarily, and completely 

waives any rights it may have in this 

matter to the following: (a) An 

administrative or judicial hearing; (b) 

judicial review or other challenge or 

contest of the Commission’s actions; (c) 

a determination by the Commission of 

whether Kolcraft failed to comply with 

the CPSA and the underlying 

regulations; (d) a statement of findings 

of fact and conclusions of law; and (e) 

any claims under the Equal Access to 

Justice Act. 

21. Kolcraft shall maintain and 

enforce a system of internal controls and 

procedures designed to ensure that: (i) 

Information required to be disclosed by 

Kolcraft to the Commission is recorded, 

processed and reported in accordance 

with applicable law; (ii) all reporting 

made to the Commission is timely, 

truthful, complete and accurate; and (iii) 

prompt disclosure is made to Kolcraft’s 

management of any significant 

deficiencies or material weaknesses in 

the design or operation of such internal 

controls that are reasonably likely to 

adversely affect in any material respect 

Kolcraft’s ability to record, process and 

report to the Commission in accordance 

with applicable law. 

22. Upon request of Staff, Kolcraft 

shall provide written documentation of 

such improvements, processes, and 

controls, including, but not limited to, 

the effective dates of such 

improvements, processes, and controls. 

Kolcraft shall cooperate fully and 

truthfully with Staff and shall make 

available all information, materials, and 


sroberts on DSK5SPTVN1PROD with NOTICES
14082 Federal Register / Vol. 78, No. 42 / Monday, March 4, 2013 / Notices 

personnel deemed necessary by Staff to 

evaluate Kolcraft’s compliance with the 

terms of the Agreement. 

23. Kolcraft shall implement and 

maintain a compliance program 

designed to ensure compliance with the 

safety statutes and regulations enforced 

by the CPSC that, at a minimum, 

contains 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 to all employees 

through training programs or otherwise; 

(iv) senior manager responsibility for 

compliance; (v) board oversight of 

compliance (if applicable); and (vi) 

retention of all compliance-related 

records for at least five (5) years and 

availability of such records to CPSC 

upon request. 

24. The Commission may publicize 

the terms of the Agreement and the final 

Order. 

25. The Agreement and the final 

Order shall apply to, and be binding 

upon, Kolcraft, and each of its 

successors and/or assigns. 

26. The Commission issues the final 

Order under the provisions of the CPSA, 

and a violation of the final Order may 

subject Kolcraft, and each of its 

successors and/or assigns, to 

appropriate legal action. 

27. The Agreement may be used in 

interpreting the final Order. 

Understandings, agreements, 

representations, or interpretations apart 

from those contained in the Agreement 

and the Order may not be used to vary 

or contradict the terms or the Agreement 

and the final Order. 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. 

28. If any provision of the Agreement 

or the final Order is held to be illegal, 

invalid, or unenforceable under present 

or future laws effective during the terms 

of the Agreement and the final Order, 

such provision shall be fully severable. 

The balance of the Agreement and the 

final Order shall remain in full force 

and effect, unless the Commission and 

Kolcraft agree that severing the 

provision materially affects the purpose 

of the Agreement and final Order. 

29. This Agreement may be signed in 

counterparts. 

Dated: February 25, 2013. 

Kolcraft Enterprises, Inc. 

By: lllllllllllllllllll

Thomas Koltun, 

President, Kolcraft Enterprises, Inc. 

Dated: February 26, 2013. 

By: lllllllllllllllllll

Erika Z. Jones, Esq., 

Counsel to Kolcraft Enterprises, Inc., Mayer 

Brown LLP, Washington, DC 

U.S. Consumer Product Safety Commission 

Staff 

Stephanie Tsacoumis, 

General Counsel. 

Mary B. Murphy, 

Assistant General Counsel, Divisions of 

Compliance and Import Surveillance. 

Dated: February 27, 2013. 

By: lllllllllllllllllll

Richa Shyam Dasgupta, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Agreement 

entered into between Kolcraft 

Enterprises, Inc. (‘‘Kolcraft’’), and U.S. 

Consumer Product Safety Commission 

(Commission) staff, and the Commission 

having jurisdiction over the subject 

matter and over Kolcraft, and it 

appearing that the Agreement and the 

Order are in the public interest, it is 

Ordered that the Agreement be, and 

hereby, is accepted; and it is 

Further ordered, that Kolcraft shall 

pay a civil penalty in the total amount 

of four hundred thousand dollars 

($400,000.00), paid within twenty (20) 

days of service of the Commission’s 

Order upon counsel for Kolcraft. The 

payments shall be made electronically 

to the CPSC via: www.pay.gov. Upon the 

failure of Kolcraft to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Kolcraft at the federal legal rate of 

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

and (b). If Kolcraft fails to make such 

payment or to comply in full with any 

other provision as set forth in the 

Agreement, such conduct will be 

considered a violation of this Agreement 

and Order. 

Provisionally accepted and provisional 

Order issued on the 27th day of February 

2013. 

By order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2013–04909 Filed 3–1–13; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Renewal of Department of Defense 

Federal Advisory Committees 

AGENCY: DoD. 

ACTION: Renewal of Missouri River 

(South Dakota) Task Force. 

SUMMARY: Under the provisions of 10 

U.S.C. 2166(e), the Federal Advisory 

Committee Act of 1972 (5 U.S.C. 

Appendix), the Government in the 

Sunshine Act of 1976 (5 U.S.C. 552b), 

and 41 CFR 102–3.50(a), the Department 

of Defense gives notice that it is 

renewing the charter for the Missouri 

River (South Dakota) Task Force (‘‘the 

Task Force’’). 

FOR FURTHER INFORMATION CONTACT: Jim 

Freeman, Advisory Committee 

Management Officer for the Department 

of Defense, 703–692–5952. 

SUPPLEMENTARY INFORMATION: The Task 

Force shall provide independent advice 

and recommendations on a plan and 

accompanying critical restoration 

projects to reduce siltation of the 

Missouri River in the State of South 

Dakota and to meet the objectives of the 

Pick-Sloan program. Specifically, the 

Task Force shall: 

a. Prepare and approve, by a majority 

of the members, a plan for the use of the 

funds made available under Public Law 

106–541, to promote conservation 

practices in the Missouri River 

watershed, control and remove the 

sediment from the Missouri River, 

protect recreation on the Missouri River 

from sedimentation, protect Indian and 

non-Indian historical and cultural sites 

along the Missouri River from erosion, 

erosion control along the Missouri 

River, or any combination of the 

activities just described; 

b. Develop and recommend to the 

Secretary of the Army for 

implementation critical restoration 

projects meeting the goals of the plan; 

and 

c. Determine whether these critical 

restoration projects primarily benefit the 

Federal Government for purposes of 

cost-sharing. 

The Task Force shall report to the 

Secretary of the Army. The Secretary of 

the Army may act upon the Task Force’s 

advice and recommendations. As 

prescribed by Section 905(b) of the 

Missouri River Restoration Act of 2000, 

the Task Force shall be composed of not 

more than 29 members. Specifically, the 

Task Force membership shall be 

composed of the Secretary of the Army 

or designee, who shall serve as the 

Chairperson; Secretary of Agriculture or 


sroberts on DSK5SPTVN1PROD with NOTICES