Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Notices 26939 

—A U.S. citizen residing in the United 

States, or able to travel to the United 

States or other location to attend 

official Business Dialogue meetings; 

—The President or CEO (or comparable 

level of responsibility) of a private 

sector company, or, in the case of 

large companies, a person having 

substantial responsibility for the 

company’s commercial activities in 

Iraq, either of which shall possess 

unique experience with or specialized 

knowledge about the commercial 

environment in Iraq; or the head of a 

non-profit entity, such as a trade or 

industry association, who possesses 

unique technical expertise, and the 

ability to provide counsel with 

respect to private sector business 

development in Iraq; and 

—Not a registered foreign agent under 

the Foreign Agents Registration Act of 

1938, as amended. 

Members will be selected on the basis 

of who best will carry out the objectives 

of the Business Dialogue as described 

above and as stated in the Terms of 

Reference for the Dialogue. (The Terms 

of Reference are available from the point 

of contact listed above.) 

Recommendations for appointment will 

be made to the Secretary of Commerce. 

All candidates will be notified of 

whether they have been selected. 

To be considered for membership, 

please submit the following information 

as instructed in the addresses and dates 

captions above: Name(s) and title(s) of 

the individual(s) requesting 

consideration; name and address of 

company or non-profit entity to be 

represented; size of the company or 

non-profit entity; description of relevant 

product, service, or technical expertise; 

size of company’s export trade, 

investment, and/or international 

program experience; nature of 

operations or interest in Iraq; 

responsibilities of the candidate within 

the company or non-profit entity; and a 

brief statement of why the candidate 

should be appointed, including 

information about the candidate’s 

ability to initiate and be responsible for 

activities in which the Business 

Dialogue will be active. 

Valerie Dees, 

Acting Director, Iraq Investment and 

Reconstruction Task Force. 

[FR Doc. 2010–11471 Filed 5–12–10; 8:45 am] 

BILLING CODE 3510–DA–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0037] 

Target Corporation: 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 Target 

Corporation, containing a civil penalty 

of $600,000.00. 

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 May 28, 

2010. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0037, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Sean R. Ward, Lead Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7602. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: May 6, 2010. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement and Order 

1. In accordance with 16 CFR 1118.20, 

Target Corporation (‘‘Target’’) and the 

staff (‘‘Staff ’’) of the United States 

Consumer Product Safety Commission 

(‘‘CPSC’’ or the ‘‘Commission’’) 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 Commission is an independent 

federal regulatory agency established 

pursuant to the Consumer Product 

Safety Act, 15 U.S.C. 2051–2089 

(‘‘CPSA’’). The Commission is 

responsible for the enforcement of the 

CPSA. 

3. Target is a corporation organized 

and existing under the laws of 

Minnesota, with its principal offices 

located in Minneapolis, Minnesota. At 

all times relevant hereto, Target 

imported and sold toys and children’s 

products. 

Staff Allegations 

4. From May 2006 through October 

2006, Target imported into the United 

States approximately 156,300 units of 

Various Kool Toyz children’s products 

consisting of the following models: 

Truck Carry Case; Tiny Playground Set/ 

Dream House Play Set; Discovery 

Dinosaur Habitat; Air, Land and Sea 

Defender Play Set; and the Tank and 

Helicopter Action Figure Play Set (‘‘Kool 

Toyz’’). Target sold the Kool Toyz to 

consumers at retail stores nationwide 

owned or operated by Target from July 

2006 through September 2006 for 

between $10 and $20 per unit. 

5. On approximately November 2006, 

Target imported into the United States 

about 5,000 Anima-Bamboo Collection 

Games (‘‘Collection Games’’) units. 

Target sold the Collection Games to 

consumers at retail stores nationwide 

owned or operated by Target from 

approximately December 2006 through 

April 2007 for $10 per unit. 

6. From June 2006 through June 2007, 

Target imported into the United States 

about 350,000 units of the Happy Giddy 

Gardening Tools (‘‘Toy Tools’’). Target 

sold the Toy Tools to consumers at 

retail stores nationwide owned or 

operated by Target from approximately 

August 2006 through August 2007 for 

between $3 and $10 per unit. 

7. From June 2007 through August 

2007, Target imported into the United 

States about 1900 units of Sunny Patch 

Chairs (‘‘Toy Chairs’’). Target sold the 

Toy Chairs to consumers at retail stores 

nationwide owned or operated by Target 

from approximately June 2007 through 

August 2007 for about $10 per unit. 

8. The Kool Toyz, Collection Games, 

Toy Tools and Toy Chairs (collectively, 

‘‘Target Products’’) are ‘‘consumer 

products,’’ and, at all times relevant 

hereto, Target was a ‘‘manufacturer’’ 

and/or ‘‘retailer’’ of those consumer 

product(s), which were ‘‘distributed in 

commerce,’’ as those terms are defined 

in CPSA section 3(a)(3), (5), (8), (11) and 

(13), 15 U.S.C. §§ 2052(a)(3), (5), (8), (11) 

and (13). 

9. The Target Products are articles 

intended to be entrusted to or for use by 

children, and, therefore, are subject to 

the requirements of the Commission’s 

Ban of Lead-Containing Paint and 

Certain Consumer Products bearing 


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26940 Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Notices 

Lead-Containing Paint, 16 CFR Part 

1303 (the ‘‘Ban’’). Under the Ban, toys 

and other children’s articles must not 

bear ‘‘lead-containing paint,’’ defined as 

paint or other surface coating materials 

whose lead content is more than 0.06 

percent of the weight of the total 

nonvolatile content of the paint or the 

weight of the dried paint film. 16 CFR 

1303.2(b)(1). 

10. On October 6, 2006, Target 

submitted a Full Report to CPSC 

containing information that it had 

commissioned an independent 

laboratory to conduct testing for the 

presence of lead in surface coatings on 

multiple models of the Kool Toyz in 

response to a consumer complaint that 

parts of the product were breaking. As 

expressed in several test reports, the test 

results demonstrated that the samples of 

the Kool Toyz contained a total lead 

content in excess of the permissible 0.06 

percent limit set forth in the Ban. 

11. On April 17, 2007, Target 

submitted a Full Report to CPSC 

containing information that it had 

commissioned an independent 

laboratory to conduct testing of samples 

for the presence of lead in surface 

coatings on multiple models of the 

Collection Games from a store audit. As 

expressed in several test reports, the test 

results demonstrated that the samples of 

the Collection Games contained lead 

content in excess of the permissible 0.06 

percent limit set forth in the Ban. 

12. On August 10, 2007, the Staff 

informed Target that it had tested a store 

sample of Toy Tools using the 

Association of Official Analytical 

Chemists (‘‘AOAC’’) method 974.02 lead 

analysis of paint which demonstrated 

that orange surface coating on the tested 

sample contained a total lead content in 

excess of the permissible 0.06 percent 

limit set forth in the Ban. 

13. On September 14, 2007, Target 

submitted a Full Report to CPSC 

containing information that it had 

commissioned an independent 

laboratory to conduct testing of store 

samples of the Toy Chairs. As expressed 

in its test reports, the test result 

demonstrated that the sample of the Toy 

Chairs contained lead content in excess 

of the permissible 0.06 percent limit set 

forth in the Ban. 

14. On November 15, 2006, the 

Commission and Target announced a 

consumer-level recall of about 156,300 

units of the Kool Toyz because ‘‘[s]ome 

of the toys contain lead paint, which is 

toxic if ingested by young children and 

can cause adverse health effects.’’ On 

May 2, 2007, the Commission and 

Target announced a consumer-level 

recall of about 5,000 units of Collection 

Games because ‘‘[t]he toys in the 

bamboo game sets could contain lead 

paint, which is toxic if ingested by 

young children and can cause adverse 

health effects.’’ On September 26, 2007, 

the Commission and Target announced 

a consumer-level recall of about 350,000 

Toy Tools and Toy Chairs because ‘‘[t]he 

surface paint on the recalled gardening 

tools and chairs contains excessive 

levels of lead, violating the federal lead 

paint standard.’’ 

15. Although Target reported no 

incidents or injuries associated with the 

Kool Toyz, Collection Games, Toy Tools 

and Toys Chairs, it failed to take 

adequate action to ensure that none 

would bear or contain lead-containing 

paint, thereby creating a risk of lead 

poisoning and adverse health effects to 

children. 

16. The Kool Toyz, Collection Games, 

Toy Tools and Toy Chairs constitute 

‘‘banned hazardous products’’ under 

CPSA section 8 and the Ban, 15 U.S.C. 

2057 and 16 CFR 1303.1(a)(1), 1303.4(b), 

in that they bear or contain paint or 

other surface coating materials whose 

lead content exceeds the permissible 

limit of 0.06 percent of the weight of the 

total nonvolatile content of the paint or 

the weight of the of dried paint film. 

Between May 2006 and August 2007, 

Target sold, manufactured for sale, 

offered for sale, distributed in 

commerce, or imported into the United 

States, or caused one or more of such 

acts, with respect to the aforesaid 

banned hazardous Kool Toyz, Collection 

Games, Toy Tools and Toy Chairs, in 

violation of section 19(a)(1) of the 

CPSA, 15 U.S.C. 2068(a)(1). Target 

committed these prohibited acts 

‘‘knowingly,’’ as that term 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, Target is subject 

to civil penalties for the aforementioned 

violations. 

Target’s Responsive Allegations 

18. Target denies the Staff’s 

allegations set forth above that it 

violated the CPSA or that it failed to 

take adequate action to ensure that none 

of its products contained excessive 

levels of lead-containing paint. 

19. At all times relevant to this matter, 

Target’s quality assurance procedures 

were reasonable and satisfied the 

standard of care. Target’s knowledge 

when the subject products were 

imported and offered for sale was that 

they complied with the lead paint 

standard. Notwithstanding satisfactory 

pre-production test results, certain units 

were subsequently found to contain 

impermissible levels of lead paint. 

20. Target notified CPSC of the Kool 

Toyz and Collection Games issues 

promptly upon discovering them. CPSC 

discovered the Toy Tools/Toy Chairs 

issue and brought it to Target’s 

attention. After promptly investigating 

the facts, Target voluntarily conducted 

each of the three subject product recalls 

in cooperation with CPSC. 

21. Before the Target Products were 

manufactured, Target had already begun 

implementing Multi-Stage Testing 

(‘‘MST’’) and a Quality Assurance 

Initiative as part of its overall process 

designed to help ensure the quality and 

safety of the products that Target sells. 

Target enhanced its procedures by 

addressing through MST the monitoring 

of product quality both before and 

during production by conducting three 

stages of testing—pre-production, top of 

production, and ongoing random testing 

of production units. 

Agreement of the Parties 

22. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Target. 

23. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Target, or a determination 

by the Commission, that Target has 

knowingly violated the CPSA. 

24. In settlement of the Staff’s 

allegations, Target shall pay a civil 

penalty in the amount of six-hundred 

thousand dollars ($600,000.00) within 

twenty (20) calendar days of service of 

the Commission’s final Order accepting 

the Agreement. The payment shall be by 

check payable to the order of the United 

States Treasury. 

25. Upon the Commission’s 

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 C.F.R. § 1118.20(f), 

if the Commission does not receive any 

written request not to accept the 

Agreement within fifteen (15) days, the 

Agreement shall be deemed finally 

accepted on the sixteenth (16th) day 

after the date it is published in the 

Federal Register. 

26. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Target 

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 

Commission’s Order or actions; (3) a 

determination by the Commission of 


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Federal Register / Vol. 75, No. 92 / Thursday, May 13, 2010 / Notices 26941 

whether Target 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. 

27. The Commission may publicize 

the terms of the Agreement and Order. 

28. The Agreement and Order shall 

apply to, and be binding upon, Target 

and each of its successors and assigns. 

29. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject 

Target and each of its successors and 

assigns to appropriate legal action. 

30. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those 

contained in the Agreement and Order 

may not be used to vary or contradict its 

terms. The Agreement shall not be 

waived, amended, modified, or 

otherwise altered, except in a writing 

that is executed by the party against 

whom such waiver, amendment, 

modification, or alteration is sought to 

be enforced. 

31. If after the effective date hereof, 

any provision of the Agreement and 

Order is held to be illegal, invalid, or 

unenforceable under present or future 

laws effective during the terms of the 

Agreement and Order, such provision 

shall be fully severable. The balance of 

the Agreement and Order shall remain 

in full force and effect, unless the 

Commission and Target agree that 

severing the provision materially affects 

the purpose of the Agreement and 

Order. 

Target Corporation: 

Dated: 9–17–09 

By: lllllllllllllllllll

Stacia Andersen, President 

Target Sourcing Services 

1000 Nicollet Mall 

Minneapolis, MN 55403 

Dated: 9–17–09 

By: lllllllllllllllllll

Eric A. Rubel, Esq. 

Arnold & Porter LLP 

555 Twelfth Street, NW. 

Washington, DC 20004–1206 

Counsel for Target Corporation 

U.S. Consumer Product Safety 

Commission Staff 

Cheryl A. Falvey 

General Counsel 

Office of the General Counsel 

Ronald G. Yelenik 

Assistant General Counsel, Division of 

Compliance 

Office of the General Counsel 

Dated: 9–17–09 

By: lllllllllllllllllll

Sean R. Ward 

Trial Attorney, Division of Compliance 

Office of the General Counsel 

Order 

Upon consideration of the Settlement 

Agreement entered into between Target 

Corporation (‘‘Target’’) and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Target, and 

it appearing that the Settlement 

Agreement and Order are in the public 

interest, it is 

Ordered, that the Settlement 

Agreement be, and hereby is, accepted; 

and it is 

Further ordered, that Target shall pay 

a civil penalty in the amount of sixhundred thousand dollars ($600,000.00) 

within twenty (20) calendar days of 

service of the Commission’s final Order 

accepting the Agreement. The payment 

shall be made by check payable to the 

order of the United States Treasury. 

Upon the failure of Target to make 

any of the foregoing payments when 

due, interest on the unpaid amount 

shall accrue and be paid by Target at the 

federal legal rate of interest set forth at 

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

Provisionally accepted and provisional Order 

issued on the 30th day of September, 

2009. 

By Order of the Commission: 

lllllllllllllllllllll

Todd A. Stevenson, Secretary 

U.S. Consumer Product Safety Commission 

[FR Doc. 2010–11460 Filed 5–12–10; 8:45 am] 

BILLING CODE 6355–01–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Information Collection; Submission for 

OMB Review, Comment Request 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Notice. 

SUMMARY: The Corporation for National 

and Community Service (hereinafter the 

‘‘Corporation’’), has submitted a public 

information collection request (ICR) 

entitled AmeriCorps Application 

Instructions: Administrative, Program 

Development, and Training grants to the 

Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995, Public Law 104– 

13, (44 U.S.C. Chapter 35). Copies of 

this ICR, with applicable supporting 

documentation, may be obtained by 

calling the Corporation for National and 

Community Service, Ms. Amy 

Borgstrom at (202) 606–6930. 

Individuals who use a 

telecommunications device for the deaf 

(TTY–TDD) may call (202) 565–2799 

between 8:30 a.m. and 5 p.m. eastern 

time, Monday through Friday. 

ADDRESSES: Comments may be 

submitted, identified by the title of the 

information collection activity, to the 

Office of Information and Regulatory 

Affairs, Attn: Ms. Sharon Mar, OMB 

Desk Officer for the Corporation for 

National and Community Service, by 

any of the following two methods 

within 30 days from the date of 

publication in this Federal Register: 

(1) By fax to: (202) 395–6974, 

Attention: Ms. Sharon Mar, OMB Desk 

Officer for the Corporation for National 

and Community Service; and 

(2) Electronically by e-mail to: 

smar@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: The OMB 

is particularly interested in comments 

which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Corporation, including 

whether the information will have 

practical utility; 

• 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; 

• Propose ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and 

• Propose ways to 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 

submissions of responses. 

Comments 

A 60-day public comment Notice was 

published in the Federal Register on 

Friday, March 5, 2010. This comment 

period ended May 5, 2010. No public 

comments were received from this 

Notice. 

Description: The Corporation is 

seeking approval of the attached 

AmeriCorps Application Instructions: 

Administrative, Program Development, 

and Training grants. State commissions 

will respond to the questions included 

in this ICR in order to report on their 

use of federal funds and progress against 

their annual plan. 

Type of Review: Renewal. 

Agency: Corporation for National and 

Community Service. 

Title: AmeriCorps Application 

Instructions: Administrative, Program 

Development, and Training grants. 

OMB Number: 3045–0099. 


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