Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Notices 42701 

contractors oppose adding this product 

to the Procurement List. The first 

contractor is a small business that 

produces similar items for the 

Department of Defense (DoD), and stated 

its sales to DoD have dropped 

significantly. This contractor believes 

that the loss of opportunities for small 

business will result in a reduced supply 

base for DoD. The second contractor is 

a small HUBZone certified concern 

located in an area with high 

unemployment. This contractor also 

manufactures similar products, 

comprising the majority of its sales, for 

DoD, and subcontracts/purchases 

supplies from other small business 

concerns in the area. The firm stated it 

has a relationship with a local agency 

that provides services for people with 

severe disabilities where the contractor 

subcontracts some work to the agency 

and has designed, built and donated 

machinery to the agency. The contractor 

indicates that it would pursue this 

opportunity if available through a 

competitive procurement. 

In considering whether to add 

products or services to the Procurement 

List, the Committee operates in 

accordance with applicable statutes and 

regulations. By regulation, the 

Committee considers whether the 

addition is likely to have a severe 

adverse impact on the current 

contractor. In this instance, both 

contractors submitting comments 

confirm that they are not current 

contractors, that they only manufacture 

similar products. The product at issue 

in this addition is a new product 

developed with full cooperation of the 

contracting activity, which 

demonstrates that the supply base issue 

was considered. The Committee does 

not view the loss of the opportunity to 

bid on new work to constitute severe 

financial impact, as there is no 

guarantee that a particular offeror would 

be successful. Accordingly, it is 

appropriate that the Committee consider 

this product for addition to the 

Procurement List. 

NSN: 1670–01–598–5067—Containerized 

Unitized Bulk Equipment (CUBE) 

Lifeliner, Water Kit 

NSN: 1670–01–598–5071—Containerized 

Unitized Bulk Equipment (CUBE) 

Lifeliner, Fuel Kit 

NPA: Peckham Vocational Industries, Inc., 

Lansing, MI 

Contracting Activity: Dept of the Army, 

W6QK ACC–APG Natick, Natick, MA 

Coverage: C–List for 100% of the requirement 

of the Department of the Army, as 

aggregated by the Army Contracting 

Command—Aberdeen Proving Ground, 

Natick Contracting Division, Natick MA. 

Services 

Service Type/Location: Laundry Service, 

Veterans Administration Medical Center 

(VAMC), (offsite: 1809 W 2nd Avenue, 

Indianola, IA), 601 Highway 6 West, 

Iowa City, IA 

NPA: Genesis Development, Jefferson, IA 

Contracting Activity: Department of Veterans 

Affairs, Nebraska Western-Iowa Health 

Care System, Omaha, NE 

Service Type/Location: Laundry and Dry 

Cleaning Service, Buckley AFB Lodging 

& Medical Facilities, Buckley AFB, CO 

NPA: Goodwill Industrial Services 

Corporation, Colorado Springs, CO 

Contracting Activity: Dept. of the Air Force, 

FA2543 460 CONS LGC, Buckley AFB, 

CO 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2012–17706 Filed 7–19–12; 8:45 am] 

BILLING CODE 6353–01–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List Proposed Additions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Proposed additions to the 

Procurement List. 

SUMMARY: The Committee is proposing 

to add products and a service to the 

Procurement List that will be furnished 

by nonprofit agencies employing 

persons who are blind or have other 

severe disabilities. 

Comments Must Be Received on or 

Before: August 20, 2012. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, Jefferson Plaza 2, Suite 10800, 

1421 Jefferson Davis Highway, 

Arlington, Virginia 22202–3259. 

FOR FURTHER INFORMATION CONTACT: 

Barry S. Lineback, Telephone: (703) 

603–7740, Fax: (703) 603–0655, or email 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to 41 

U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its 

purpose is to provide interested persons 

an opportunity to submit comments on 

the proposed actions. 

Additions 

If the Committee approves the 

proposed additions, the entities of the 

Federal Government identified in this 

notice will be required to procure the 

products and service listed below from 

nonprofit agencies employing persons 

who are blind or have other severe 

disabilities. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. If approved, the action will not 

result in any additional reporting, 

recordkeeping or other compliance 

requirements for small entities other 

than the small organizations that will 

furnish the products and service to the 

Government. 

2. If approved, the action will result 

in authorizing small entities to furnish 

the products and service to the 

Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in 

connection with the products and 

service proposed for addition to the 

Procurement List. 

Comments on this certification are 

invited. Commenters should identify the 

statement(s) underlying the certification 

on which they are providing additional 

information. 

End of Certification 

The following products and service 

are proposed for addition to 

Procurement List for production by the 

nonprofit agencies listed: 

Products 

NSN: 8455–00–NIB–0007—Neck Lanyard, 

Cord Style, Swivel Hook, Black, 36′′ x 

.25′′ 

NSN: 8455–00–NIB–0020—Neck Lanyard, 

Cord Style, Shielded Cardholder, Black, 

36′′ x .25′′ 

NSN: 8455–00–NIB–0021—Neck Lanyard, 

Strap Style, Swivel Hook, Black, 36′′ x 

.75′′ 

NSN: 8455–00–NIB–0022—Neck Lanyard, 

Strap Style, Clip, Black, 36′′ x .75′′ 

NSN: 8455–00–NIB–0023—Neck Lanyard, 

Strap Style, Retractable Reel, Black, 36′′ 

x .75′′ 

NSN: 8455–00–NIB–0024—Neck Lanyard, 

Strap Style, Key Ring, Black, 36′′ x .75′′ 

Coverage: A-List for the Total Government 

Requirement as aggregated by the 

General Services Administration. 

NSN: 8455–00–NIB–0005—Neck Lanyard, 

Cord Style, Clip, Black, 36′′ x .25′′ 

NSN: 8455–00–NIB–0031—Identification 

Card Holder, Opaque, 2.375′′ x 3.5′′ 

Coverage: B-List for the Broad Government 

Requirement as aggregated by the 

General Services Administration. 

NPA: West Texas Lighthouse for the Blind, 

San Angelo, TX 

Contracting Activity: General Services 

Administration, Fort Worth, TX 

Privacy Filters With Frames 

NSN: 7045–00–NIB–0377—17.0′′ 

NSN: 7045–00–NIB–0378—19.0′′ 

NSN: 7045–00–NIB–0389—22.0′′ Widescreen 

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42702 Federal Register / Vol. 77, No. 140 / Friday, July 20, 2012 / Notices 

NSN: 7045–00–NIB–0390—19.0′′ Widescreen 

NSN: 7045–00–NIB–0391—24.0′′ Widescreen 

NPA: Wiscraft, Inc., Milwaukee, WI 

Contracting Activity: General Services 

Administration, New York, NY 

Coverage: A-List for the Total Government 

Requirement as aggregated by the 

General Services Administration. 

Service 

Service Type/Location: Custodial/Janitorial 

Services, Vancouver US Armed Forces 

Reserve Center (AFRC)/WA070, 15005 

NE 65th Street, Vancouver, WA. 

NPA: Portland Habilitation Center, Inc., 

Portland, OR 

Contracting Activity: Dept of the Army, 

W6QM MICC–ARCC North, Fort McCoy, WI 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2012–17707 Filed 7–19–12; 8:45 am] 

BILLING CODE 6353–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 12–C0007] 

Battat Incorporated, 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 Battat 

Incorporated, 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 August 6, 

2012. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 12–C0007, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Sarah C. Wang, General Attorney, 

Division of Enforcement and 

Information, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7807. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 17, 2012. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement and Order 

1. In accordance with 16 CFR 1118.20, 

Battat Incorporated (‘‘Battat’’ or the 

‘‘Firm’’) and staff (‘‘Staff’’) of the United 

States Consumer Product Safety 

Commission (‘‘Commission’’ or ‘‘CPSC’’) 

hereby enter into this Settlement 

Agreement (‘‘Agreement’’) under the 

Consumer Product Safety Act (‘‘CPSA’’). 

The Agreement and the incorporated 

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, 15 U.S.C. 2051–2089. 

3. Battat is a privately-held company, 

organized and existing under the laws of 

the state of Delaware, with its principal 

office located at 1560 Military Turnpike, 

Plattsburgh, New York, 12901. 

Staff Allegations 

4. Between August 2004 and February 

2008, Battat distributed approximately 

132,000 Magnabild magnetic building 

sets (‘‘Subject Products’’) in U.S. 

commerce. On January 23, 2008, Battat 

announced a recall for the Subject 

Products bearing model numbers 

BB1431H and BB1502H. On March 13, 

2008, Battat announced a recall for the 

Subject Products bearing model 

numbers BB1439H and BAT–34. The 

Subject Products sold for approximately 

$20—$40 through online and 

nationwide retailers. 

5. The Subject Products are 

‘‘consumer products’’ and, at all 

relevant times, Battat was a 

‘‘distributor’’ of these consumer 

products, which were ‘‘distribute[d] in 

commerce,’’ as those terms are defined 

or used in sections 3(a)(5), (7), and (8) 

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

and (8). 

6. The Subject Products, which are 

labeled for ages three and up, are 

defective because small, powerful 

magnets can loosen and fall out of the 

components with normal use. Magnets 

found by young children can be 

swallowed or aspirated. If more than 

one magnet is swallowed, the magnets 

can attract each other and cause 

intestinal perforations or blockages, 

which can be fatal. 

7. Battat received its first complaint of 

magnets coming loose from the Subject 

Products in October 2005. 

8. By March 31, 2006, Battat had 

received seven consumer reports of 

magnet liberation and two consumer 

reports of children ingesting nonmagnetized steel balls. Some consumers 

described multiple magnet liberations 

from the Subject Products. 

9. On March 31, 2006, the 

Commission announced the recall of 

Rose Art Magnetix Building Sets, which 

involved one death, four serious 

injuries, and 34 incidents involving 

small magnets. 

10. In April 2006, Battat received two 

additional consumer complaints of 

magnet liberation. Battat has 

represented to the Commission that, ‘‘At 

some point, likely April or May [2006], 

Battat became aware of the Magnetix 

recall and only then became aware of 

the possibility that small magnets could 

cause intestinal injury.’’ 

11. Between November 2006 and July 

2007, the Commission re-announced the 

Rose Art Magnetix Building Sets recall 

due to additional serious injuries to 

children; the Commission issued a 

‘‘Magnet Safety Alert,’’ warning parents 

of the risk of serious injury and death 

to children from magnet ingestion; and 

the Commission announced five 

separate recalls for several million toys 

containing magnets due to the potential 

for magnet liberation. 

12. Despite being aware of the danger 

posed to children by the ingestion of 

magnets such as those in the Subject 

Products, and with full awareness that 

the CPSC and industry were actively 

working to address the hazards posed to 

children by the ingestion of magnets, 

Battat failed to notify the CPSC or 

inform consumers of the Subject 

Products’ defect and resulting potential 

hazard. 

13. Staff contacted Battat on July 9, 

2007, to request a full report pursuant 

to CPSA section 15(b) (‘‘Section 15 

Report’’). With this request, Staff 

enclosed two in-depth investigation 

reports of consumer reports describing 

magnets liberating from the Subject 

Products. 

14. Battat did not immediately 

provide the requested Section 15 Report 

on the Subject Products. As a result, 

Staff reiterated its request at least two 

more times from July 2007 to October 

2007. Battat did not file the requested 

Section 15 Report on the Subject 

Products until October 12, 2007, after at 

least three requests from Staff. 

15. Battat failed to inform the 

Commission of the defect and resulting 

potential hazard present in the Subject 

Products bearing model numbers 

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