6148 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 

DATES: The OEAP virtual meeting will 

be held on February 23, 2022, from 12 

p.m. to 4 p.m. 

ADDRESSES: You may join the OEAP 

public virtual meeting (via Zoom) from 

a computer, tablet or smartphone by 

entering the following address: 

Join OEAP Zoom Meeting: https://

us02web.zoom.us/j/84039986774?pwd=

SUhDc1hXeFloQWF3ajVtL

2ZHRGN3Zz09. 

Meeting ID: 840 3998 6774. 

Passcode: 179728. 

One tap mobile: 

+17879667727,,84039986774#

,,,,*179728# Puerto Rico 

+19399450244,,84039986774#

,,,,*179728# Puerto Rico 

Dial by your location: 

+1 787 966 7727 Puerto Rico 

+1 939 945 0244 Puerto Rico 

+1 787 945 1488 Puerto Rico 

+1 669 900 6833 US (San Jose) 

+1 929 205 6099 US (New York) 

+1 253 215 8782 US (Tacoma) 

+1 301 715 8592 US (Washington DC) 

+1 312 626 6799 US (Chicago) 

+1 346 248 7799 US (Houston) 

Meeting ID: 840 3998 6774. 

Passcode: 179728. 

FOR FURTHER INFORMATION CONTACT: 

Diana Martino, telephone: (787) 226– 

8849, Caribbean Fishery Management 

Council, 270 Mun ̃ oz Rivera Avenue, 

Suite 401, San Juan, Puerto Rico 00918– 

1903. 

SUPPLEMENTARY INFORMATION: 

Tentative Agenda 

February 23, 2022 

12 p.m.–1 p.m. 

—Call to Order 

—Adoption of Agenda 

—OEAP Chairperson’s Report 

—Updates: 

Æ Recipe Book 

Æ Illustrated Booklets on Ecosystem 

Based Fishery Management (EBFM) 

and US Caribbean MPAs 

Æ CFMC Meeting US Caribbean 

Marine Protected Areas (MPAs) 

Æ MREP update 

Æ Update status of O&E products 

Approved by the CFMC: Bulletin 

boards with fisheries information 

for fish markets/restaurants and 

Signs on MPAs, St. Croix MPAs 

poster and Fact Sheet. 

1 p.m.–1:10 p.m. 

—Break 

1:10 p.m.–4 p.m. 

—CFMC 5-Year Strategic Plan: 

—Outreach & Education projects to meet 

Objectives 20 and 21 

—Island-Based Fishery Management 

Plans 

—Liaisons reports: 

—Wilson Santiago/Puerto Rico 

—Nicole Greaux/St. Thomas, USVI 

—Mavel Maldonado/St. Croix, USVI 

—CFMC Facebook, Instagram and 

YouTube Communications with 

Stakeholders 

—Other Business 

The order of business may be adjusted 

as necessary to accommodate the 

completion of agenda items. The 

meeting will begin on February 23, 

2022, at 12 p.m., and will end on 

February 23, 2022, at 4 p.m. Other than 

the start time, interested parties should 

be aware that discussions may start 

earlier or later than indicated. 

Special Accommodations 

For any additional information on this 

public virtual meeting, please contact 

Diana Martino, Caribbean Fishery 

Management Council, 270 Mun ̃oz 

Rivera Avenue, Suite 401, San Juan, 

Puerto Rico, 00918–1903; telephone: 

(787) 226–8849. 

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

Dated: January 31, 2022. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2022–02284 Filed 2–2–22; 8:45 am] 

BILLING CODE 3510–22–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 22–C0001] 

Settlement Agreement With Core 

Health & Fitness, LLC 

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 

Core Health and Fitness, LLC, 

containing a civil penalty in the amount 

of six million, five hundred thousand 

dollars ($6,500,000), subject to the terms 

and conditions of the Settlement 

Agreement. The Commission voted 

unanimously (4–0) to provisionally 

accept the proposed Settlement 

Agreement and Order pertaining to Core 

Health and Fitness, LLC. 

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 Division of the Secretariat by 

February 18, 2022. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to 

Comment 22–C0001, Division of the 

Secretariat, Consumer Product Safety 

Commission, Room 820, 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: 

Liana G.T. Wolf, Trial Attorney, 

Division of Enforcement and Litigation, 

Office of Compliance and Field 

Operations, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Bethesda, Maryland 20814–4408; lwolf@

cpsc.gov, 301–504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: January 31, 2022. 

Alberta E. Mills, 

Secretary. 

United States of America 

Consumer Product Safety Commission 

In the Matter of: CORE HEALTH & 

FITNESS, LLC. 

CPSC Docket No.: 22–C0001 

Settlement Agreement 

1. In accordance with the Consumer 

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

2051–2089, and 16 CFR 1118.20, Core 

Health & Fitness, LLC (‘‘Core’’) 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. Core is a privately held company, 

organized and existing under the laws of 

the state of Nevada, with its principal 

place of business in Vancouver, 

Washington. 

Staff Charges 

4. Between 2001 and 2017, Unisen 

Inc. and Core manufactured, distributed, 

and offered for sale approximately 3,600 

Cable Cross Over Machines and Dual 

Adjustable Pulley Machines. 

5. Between 2001 and 2010, Unisen 

Inc. manufactured, distributed, and 


khammond on DSKJM1Z7X2PROD with NOTICES
Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 6149 

offered for sale in the United States the 

Cable Cross Over Machines and Dual 

Adjustable Pulley Machines. 

6. In November 2010, Core purchased 

the assets of Unisen Inc. and took over 

the distribution of the Cable Cross Over 

Machines and Dual Adjustable Pulley 

Machines. 

7. Between 2010 and 2017, Core 

manufactured, distributed, and offered 

for sale in the United States the Cable 

Cross Over Machines and Dual 

Adjustable Pulley Machines. 

8. The Cable Cross Over Machines 

and Dual Adjustable Pulley Machines 

(collectively, the ‘‘Subject Products’’) 

are ‘‘consumer products’’ that were 

‘‘distribut[ed] in commerce,’’ as those 

terms are defined or used in sections 

3(a)(5) and (8) of the CPSA, 15 U.S.C. 

2052(a)(5), (8). Core is a ‘‘manufacturer’’ 

and ‘‘distributor’’ of the Subject 

Products, as such terms are defined in 

sections 3(a)(7) and (11) of the CPSA, 15 

U.S.C. 2052(a)(7), (11). 

Violation of CPSA Section 19(a)(4) 

9. The Subject Products contain a 

defect which could create a substantial 

product hazard and create an 

unreasonable risk of serious injury or 

death because the height adjusting 

carriages on the machines can loosen 

and fall on the consumer, posing an 

impact injury hazard. 

10. Although the Subject Products 

were sold between 2001 and 2017, Core 

was only able to produce incident 

information Core received after August 

2012. 

11. Between 2012 and February 2017, 

Core received reports of 55 incidents 

involving falling carriages, including 11 

incidents that resulted in head 

lacerations requiring stitches or staples. 

12. Despite 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, Core did not immediately report 

to the Commission. 

13. In February 2017, Core filed a Full 

Report with the Commission under 15 

U.S.C. 2064(b) concerning the Subject 

Products. 

14. Core and the Commission jointly 

announced a Fast Track recall of the 

Subject Products on July 12, 2017. The 

press release announcing the recall 

noted that the height adjusting carriage 

assembly can loosen and fall on the 

consumer, posing an impact injury 

hazard. 

Failure to Timely Report 

15. Despite having information 

reasonably supporting the conclusion 

that the Subject Products contained a 

defect or created an unreasonable risk of 

serious injury or death, Core 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), (4), in violation of 

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

2068(a)(4). 

16. Because the information in Core’s 

possession about the Subject Products 

constituted actual and presumed 

knowledge, Core 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). 

17. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Core 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 Core 

18. This Agreement does not 

constitute an admission by Core to the 

staff’s charges set forth in paragraphs 4 

through 17 above, and Core specifically 

refutes the staff’s findings that the Cable 

Cross Over Machines and Dual 

Adjustable Pulley Machines contained a 

defect that could create a substantial 

product hazard or created an 

unreasonable risk of serious injury or 

death; that Core failed to notify the 

Commission in a timely manner, in 

accordance with Section 15(b) of the 

CPSA, 15 U.S.C. 2064(b); and that there 

was any ‘‘knowing’’ violation of the 

CPSA as that term is defined in 15 

U.S.C. 2069(d). 

19. Core enters into this Agreement to 

settle this matter without the delay and 

expense of litigation and agrees to pay 

the amount referenced below in 

compromise of the staff’s charges. 

20. Over the relevant time period, 

Core took various steps to address safety 

issues gyms brought to its attention in 

an effort to support their service and 

maintain the Subject Products. Due to 

the role of fitness clubs in monitoring 

and maintaining the equipment, and 

communicating any such issues to the 

manufacturer, consumer reports can be 

difficult for a manufacturer to obtain 

and evaluate, may not be received 

promptly, and may not include 

complete and accurate information. 

Core was not aware of a systemic or 

overarching issue with the Subject 

Products, but rather was working to 

address what it viewed as a routine 

maintenance issue. 

21. Core voluntarily notified the 

Commission in connection with the 

Subject Products and carried out a 

voluntary recall in cooperation with the 

Commission. 

22. At all relevant times, Core had a 

product safety compliance program, 

including quality control personnel and 

a product safety testing program. 

Agreement of the Parties 

23. Under the CPSA, the Commission 

has jurisdiction over the matter 

involving the Subject Products and over 

Core. 

24. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Core or a determination by 

the Commission that Core 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, Core shall pay a civil 

penalty in the amount of six million five 

hundred thousand dollars ($6,500,000) 

within thirty (30) calendar days after 

receiving service of the Commission’s 

final Order accepting the Agreement. 

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 Core under this 

Agreement. Failure to make such 

payment by the date specified in the 

Commission’s final Order shall 

constitute Default. 

26. All unpaid amounts, if any, due 

and owing under the Agreement, shall 

constitute a debt due and immediately 

owing by Core to the United States, and 

interest shall accrue and be paid by Core 

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’’). Core 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 Core 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. 

Core shall pay the United States all 

reasonable costs of collection and 

enforcement under this paragraph, 

respectively, including reasonable 

attorney’s fees and expenses. 


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6150 Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 

27. After staff receives this Agreement 

executed on behalf of Core, 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) The 

Commission’s final acceptance of this 

Agreement and service of the accepted 

Agreement upon Core, 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: (i) The 

Commission’s final acceptance of the 

Agreement and service of the accepted 

Agreement upon Core and (ii) the date 

of issuance of the final Order, for good 

and valuable consideration, Core 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 Core 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. Core shall maintain an improved 

compliance program designed to ensure 

compliance with the CPSA with respect 

to any consumer product imported, 

manufactured, distributed, or sold by 

Core, and which shall contain the 

following elements: 

(i) Written standards, policies, and 

procedures, 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 is referenced; 

(ii) 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; 

(iii) effective communication of 

company compliance-related policies 

and procedures regarding the CPSA to 

all applicable employees through 

training programs or otherwise; 

(iv) Core’s senior management 

responsibility for, and general board 

oversight of, CPSA compliance; and 

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

and availability of such records to CPSC 

staff upon request. 

31. Core shall maintain and enforce a 

system of internal controls and 

procedures designed to ensure that, 

with respect to all consumer products 

imported, manufactured, distributed, or 

sold by Core: 

(i) Information required to be 

disclosed by Core 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 

Core’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, 

Core’s ability to record, process and 

report to the Commission in accordance 

with applicable law. 

32. Upon request of staff, Core shall 

provide written documentation of its 

internal controls and procedures, 

including, but not limited to, the 

effective dates of the procedures and 

improvements thereto. Core shall 

cooperate fully and truthfully with staff 

and shall make available all nonprivileged information and materials, 

and personnel deemed necessary by 

staff to evaluate Core’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. Core 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 Core, enforceable against 

Core in accordance with its terms. The 

individuals signing the Agreement on 

behalf of Core represent and warrant 

that they are duly authorized by Core to 

execute the Agreement. 

35. The signatories represent that they 

are 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, 

Core and each of its successors, 

transferees, and assigns; and a violation 

of the Agreement or Order may subject 

Core, and each of its successors, 

transferees, and assigns, to appropriate 

legal action. 

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 Core agree 

in writing that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 


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Federal Register / Vol. 87, No. 23 / Thursday, February 3, 2022 / Notices 6151 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION 

Mary B. Murphy, 

Director, Division of Enforcement and 

Litigation, Office of Compliance and Field 

Operations. 

Dated: 1/12/2022 

By: Liana G. T. Wolf, 

Digitally signed by Liana G.T. Wolf. 

Date: 2022.01.12 17:58:59 –05’00’ 

Liana G.T. Wolf, 

Trial Attorney, Division of Enforcement and 

Litigation, Office of Compliance and Field 

Operations. 

United States of America, Consumer 

Product Safety Commission 

In the Matter of: CORE HEALTH & 

FITNESS, LLC, CPSC Docket No.: 22– 

C0001 

Order 

Upon consideration of the Settlement 

Agreement entered into between Core 

Health & Fitness, LLC (‘‘Core’’), and the 

U.S. Consumer Product Safety 

Commission (‘‘Commission’’), and the 

Commission having jurisdiction over 

the subject matter and over Core, 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 Core shall 

comply with all terms of the Settlement 

Agreement including payment of a civil 

penalty in the amount of six million five 

hundred thousand dollars ($6,500,000), 

within thirty (30) 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 Core 

to make the foregoing payment when 

due, interest on the unpaid amount 

shall accrue and be paid by Core at the 

federal legal rate of interest set forth at 

28 U.S.C. 1961(a) and (b). If Core 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 25th, 

day of January 2022. 

By Order of the Commission: 

/s/ lllllllllllllllllll

Alberta Mills, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2022–02211 Filed 2–2–22; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF EDUCATION 

[Docket No.: ED–2022–SCC–0010] 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget for Review 

and Approval; Comment Request; 

Application Forms and Instructions for 

the Fulbright-Hays Seminars Abroad 

Program 

AGENCY: Office of Postsecondary 

Education (OPE), Department of 

Education (ED). 

ACTION: Notice. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, ED is 

proposing a revision of a currently 

approved collection. 

DATES: Interested persons are invited to 

submit comments on or before March 7, 

2022. 

ADDRESSES: Written comments and 

recommendations for proposed 

information collection requests should 

be sent within 30 days of publication of 

this notice to www.reginfo.gov/public/ 

do/PRAMain. Find this information 

collection request by selecting 

‘‘Department of Education’’ under 

‘‘Currently Under Review,’’ then check 

‘‘Only Show ICR for Public Comment’’ 

checkbox. Comments may also be sent 

to ICDocketmgr@ed.gov. 

FOR FURTHER INFORMATION CONTACT: For 

specific questions related to collection 

activities, please contact Matthew 

Robinson, 202–453–6024. 

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 


khammond on DSKJM1Z7X2PROD with NOTICESEN03FE22.045</GPH>

Dated: 1/11/22 -----':..:....a...==----

Dated: 1/11/22 -------

CORE HEAL TH & FITNESS, LLC 

By~ 

Michael Bruno 

Core Health & Fitness, LLC 

Chief Executive Officer 

By· ~Ar~ 

Cheryl A. F4lvey 

Counsel to Core Health & Fitness, LLC