Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 3993 

fishery. In the case of Bering Sea flatfish 

fisheries, seasons have been cut short by 

the halibut bycatch cap before the 

quotas have been reached. Accurately 

accounting for halibut in NMFS 

estimates of mortality and assuring that 

each halibut returned to the sea has the 

highest possible chance of survival are 

therefore high priorities for the IPHC’s, 

the Council’s, and NMFS’s management 

goals for both halibut and groundfish. 

Before halibut are discarded at–sea, 

the catch must first be estimated by at– 

sea observers. In order to credibly 

account for halibut catch and to ensure 

that the catch and discard of halibut is 

observed, NMFS prohibits any removal 

of halibut from a cod end, bin, or 

conveyance system prior to being 

observed and enumerated by an at–sea 

observer. 

With the implementation of 

Amendment 80 to the FMP on 

September 14, 2007 (72 FR 52668), 

allocation of halibut was modified for 

certain vessels, but halibut bycatch 

continued to limit fishing in some 

fisheries. The Amendment 80 sector 

received an initial allocation of 2,525 mt 

of halibut bycatch mortality, but that 

allocation will decrease by 50 mt per 

year until it reaches 2,325 mt in 2012 

and subsequent years. In certain years, 

this amount is less than the sector’s 

historic catch; therefore, finding ways to 

accurately estimate halibut survival is 

important for this sector. 

This application for an EFP from 

NPFF proposes to study two methods 

for predicting halibut survival. It would 

allow researchers onboard a catcher 

processor vessel to collect 

approximately 100 halibut caught with 

non–pelagic trawl gear and evaluate a 

reflex action mortality predictor (RAMP) 

for predicting delayed mortality in 

individual trawl–caught halibut. The 

RAMP method would be combined with 

and compared to the existing IPHC 

halibut mortality predictor currently 

used by observers. To assess and 

compare these two methods, halibut 

would be held in live tanks on a vessel 

and assessed by each method. The 

collection and holding of halibut in this 

manner requires an exemption from 

regulations that prohibit retention of 

halibut by trawl gear, and requiring that 

all halibut caught with this gear be 

released as soon as possible 

(§ 679.7(a)(12), and § 679.21(b)(2)(ii)). 

This EFP would apply for the period 

of time required to complete the 

experiment during 2009, in areas open 

to directed fishing for flatfish. It would 

be of limited scope and duration and 

would not be expected to change the 

nature or duration of the groundfish 

fishery, fishing practices or gear used by 

this vessel, or the amount or species of 

fish caught. 

The activities that would be 

conducted under this EFP are not 

expected to have a significant impact on 

the human environment as detailed in 

the categorical exclusion issued for this 

action (see ADDRESSES). 

In accordance with § 679.6, NMFS has 

determined that the proposal warrants 

further consideration and has forwarded 

the application to the Council to initiate 

consultation. The Council will consider 

the EFP application during its February 

4–10, 2009, meeting, which will be held 

at the Renaissance Hotel in Seattle, 

Washington. The applicant has been 

invited to appear in support of the 

application. 

Public Comments 

Interested persons may comment on 

the application at the February 2009 

Council meeting during public 

testimony. Information regarding the 

meeting is available at the Council’s 

website at http://www.fakr.noaa.gov/

npfmc/council.htm. Copies of the 

application and categorical exclusion 

are available for review from NMFS (see 

ADDRESSES). 

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

Dated: January 15, 2009. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–1184 Filed 1–21–09; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0003] 

Lasko Products 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 Lasko 

Products Inc., containing a civil penalty 

of $500,000.00. 

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 February 

5, 2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0003, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Belinda V. Bell, Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7592. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: January 9, 2009. 

Todd A. Stevenson, 

Secretary. 

United States of America 

Consumer Product Safety Commission 

In the Matter of Lasko Products Inc., 

a corporation 

[CPSC Docket No. 09–C0003] 

Settlement Agreement 

1. This Settlement Agreement 

(‘‘Agreement’’) is made by and between 

the staff (‘‘staff’’) of the U.S. Consumer 

Product Safety Commission 

(‘‘Commission’’) and Lasko Products 

Inc. (‘‘Lasko’’), a corporation, in 

accordance with 16 CFR 1118.20 of the 

Commission’s Procedures for 

Investigations, Inspections, and 

Inquiries under the Consumer Product 

Safety Act (‘‘CPSA’’). This Agreement 

and the incorporated attached Order 

(‘‘Order’’) resolve the staffs allegations 

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. 

3. Lasko is a corporation organized 

and existing under the laws of the 

Commonwealth of Pennsylvania, with 

its principal corporate office located in 

West Chester, Pennsylvania. 

4. At all times relevant herein, Lasko 

designed, manufactured and sold 

portable electric fans, including those 

that are the subject of the Agreement 

and Order. 

Staff Allegations 

5. Between 1999 and 2001, Lasko 

manufactured and distributed 

approximately 5.6 million of the subject 

portable electric fans under the 

following brand names and model 

numbers: Lasko 2135, 3300, 3400, 3410, 

3510, 3515, 3521,3550, 3700, 3723, 


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3994 Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 

3733, 3750, 3800; Galaxy 3733; General 

Electric 106600, 106620, 106630; and 

Air King 9500, and 9515, (collectively, 

‘‘fans’’ or ‘‘products’’). The fans were 

sold from 2000 through 2004, by 

distributors and in retail stores 

nationwide, for between $10 and $25. 

6. The fans are ‘‘consumer product(s)’’ 

and, at all times relevant herein, Lasko 

was a ‘‘manufacturer’’ of ‘‘consumer 

product(s),’’ which were ‘‘distributed in 

commerce’’ as those terms are defined 

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

(11) of the CPSA, 15 U.S.C. 2052(a)(3), 

(5), (8), and (11). 

7. The fans are defective because it is 

possible for an internal short to occur in 

the motor windings of some of the fans, 

which may cause the fans to overheat, 

smoke and/or catch fire, thereby 

presenting a substantial product hazard 

to consumers. 

8. Between November 2002 and 

September 2005, Lasko received 

approximately forty two (42) reports of 

incidents involving certain fans 

overheating, smoking, melting or 

catching fire, which caused property 

damage and at least nine (9) personal 

injuries. Lasko filed its Initial Report on 

July 13, 2005 and filed its Full Report 

on September 2, 2005. The fans were 

recalled on February 8, 2006. 

9. Although Lasko had obtained 

sufficient information to reasonably 

support the conclusion that the fans 

contained a defect which could create a 

substantial product hazard, or created 

an unreasonable risk of serious injury or 

death, it failed to immediately inform 

the Commission 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 do so, Lasko ‘‘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). 

10. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Lasko is subject 

to civil penalties for its failure to report 

as required under section 15(b) of the 

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

Response of Lasko 

11. In the spring and early summer of 

2005, Lasko received notice of a number 

of claims and/or received certain 

products for inspection that indicated a 

potential pattern of failure that had not 

been seen prior to that time. 

12. The number and the nature of 

incidents or claims reported to Lasko 

prior to the summer of 2005 was 

insufficient to indicate any specific 

failure mode, pattern of failure or to 

reasonably support the conclusion that 

the fans contained a defect which could 

create a substantial product hazard, or 

created an unreasonable risk of serious 

injury or death. 

13. Lasko immediately commenced an 

investigation and provided the 

Commission with an Initial Report, in a 

timely manner, on July 13, 2005. 

14. Lasko specifically denies that it 

failed to immediately inform the 

Commission of any defect or risk as 

required by sections 15(b)(3) and (4) of 

the CPSA, 15 U.S.C. 2064(b)(3) and (4). 

Lasko further denies that it in any way 

or ‘‘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). 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Lasko. 

16. In settlement of the staff’s 

allegations, Lasko agrees to pay a civil 

penalty of five hundred thousand 

dollars ($500,000.00) within twenty (20) 

calendar days of receiving service of the 

Commission’s final Order accepting the 

Agreement. This payment shall be made 

by check payable to the order of the 

United States Treasury and mailed to 

Cheryl Falvey, General Counsel, Office 

of the General Counsel, U.S. Consumer 

Product Safety Commission, 4330 East 

West Highway, Bethesda, MD 20814. 

17. The parties enter the Agreement 

for settlement purposes only. The 

Agreement does not constitute an 

admission by Lasko or a determination 

by the Commission that Lasko violated 

the CPSA’s reporting requirements. 

18. 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 requests not to 

accept the Agreement within 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). 

19. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Lasko 

knowingly, voluntarily and completely 

waives any rights it may have in this 

matter to the following: (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 as 

to whether Lasko 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. 

20. The Commission may publicize 

the terms of the Agreement and Order. 

21. The Agreement and Order shall 

apply to, and be binding upon Lasko 

and each of its successors and assigns. 

22. The Commission’s Order in this 

matter is issued under the provisions of 

the CPSA, and a violation of the Order 

may subject those referenced in 

paragraph 21 above to appropriate legal 

action. 

23. This Agreement may be used in 

interpreting the Order. Agreements, 

understandings, representations, or 

interpretations made apart from those 

contained in the Agreement and Order 

may not be used to vary or to contradict 

their terms. 

24. The Agreement shall not be 

waived, amended, modified, or 

otherwise altered, without written 

agreement thereto executed by the party 

against whom such amendment, 

modification, alteration, or waiver is 

sought to be enforced. 

25. If, after the effective date hereof, 

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 Order 

shall remain in full force and effect, 

unless the Commission and Lasko agree 

that severing the provision materially 

affects the purpose of the Agreement 

and Order. 

Lasko Products, Inc. 

Dated: 12/11/08. 

By: Bradford M. Brush, General Counsel, 

Lasko Products, Inc., 820 Lincoln Avenue, 

West Chester, PA 19380. 

Dated: 12/10/08. 

By: Neil A. Goldberg, Esquire, 665 Main 

Street, Suite 400, Buffalo, NY 14203, Counsel 

for Lasko Products, Inc. 

U.S. Consumer Product Safety Commission 

Cheryl Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Division of 

Compliance, Office of the General Counsel. 

Dated: 12/16/08. 

By: Belinda V. Bell, Trial Attorney, Division 

of Compliance, Office of the General Counsel. 

United States of America 

Consumer Product Safety Commission 

In the Matter of Lasko Products Inc. 

[CPSC Docket No. 09–C0003] 

Order 

Upon consideration of the Settlement 

Agreement entered into between Lasko 

Products Inc. (‘‘Lasko’’) and the U.S. 


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Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices 3995 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Lasko, 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 Lasko shall pay 

a civil penalty in the amount of five 

hundred thousand dollars 

($500,000.00), within twenty (20) 

calendar days of service of the 

Commission’s final Order accepting the 

Settlement Agreement. The payment 

shall be made by check payable to the 

order of the United States Treasury. 

Upon the failure of Lasko to make the 

foregoing payment when due, interest 

on the unpaid amount shall accrue and 

be paid by Lasko 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 9th day 

of January 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, 

Consumer Product Safety Commission. 

[FR Doc. E9–755 Filed 1–21–09; 8:45 am] 

BILLING CODE 6355–01–M 

DEPARTMENT OF DEFENSE 

DEPARTMENT OF ENERGY 

ENVIRONMENTAL PROTECTION 

AGENCY 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. EPA–HQ–OAR–2006–0957] 

Multi-Agency Radiation Survey and 

Assessment of Materials and 

Equipment Manual 

Correction 

In notice document E9–975 beginning 

on page 2998 in the issue of Friday, 

January 16, 2008, the docket number 

should read as set forth above. 

[FR Doc. Z9–975 Filed 1–21–09; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID DOD–2009–OS–0003] 

Privacy Act of 1974; System of 

Records 

AGENCY: Defense Finance and 

Accounting Service, DoD. 

ACTION: Notice to amend a system of 

records. 

SUMMARY: The Defense Finance and 

Accounting Service is proposing to 

amend a system of records notice in its 

existing inventory of record systems 

subject to the Privacy Act of 1974 (5 

U.S.C. 552a), as amended. 

DATES: The proposed action will be 

effective without further notice on 

February 23, 2009 unless comments are 

received which would result in a 

contrary determination. 

ADDRESSES: Defense Finance and 

Accounting Service, Freedom of 

Information Act/Privacy Act Program 

Manager, 8899 E. 56th Street, 

Indianapolis, IN 46249–0150. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Linda Krabbenhoft at (303) 589–3510. 

SUPPLEMENTARY INFORMATION: The 

Defense Finance and Accounting 

Service’s system of record notices 

subject to the Privacy Act of 1974 (5 

U.S.C. 552a), as amended, have been 

published in the Federal Register and 

are available from the address above. 

The specific changes to the record 

system being amended are set forth 

below followed by the notice, as 

amended, published in its entirety. The 

proposed amendment is not within the 

purview of subsection (r) of the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

which requires the submission of new 

or altered systems reports. 

Dated: January 13, 2009. 

Morgan E. Frazier, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

T7901a 

SYSTEM NAME: 

Standard Negotiable Instrument 

Processing System (June 4, 2007, 72 FR 

30786). 

CHANGES: 

* * * * * 

ROUTINE USES OF RECORDS MAINTAINED IN THE

SYSTEM, INCLUDING CATEGORIES OF USERS AND

THE PURPOSES OF SUCH USES: 

Delete entry and replace with ‘‘In 

addition to those disclosures generally 

permitted under 5 U.S.C. 552a(b) of the 

Privacy Act, these records or 

information contained therein may 

specifically be disclosed outside the 

DoD as a routine use pursuant to 5 

U.S.C. 552a(b)(3) as follows: 

To the U.S. Department of the 

Treasury to provide information on 

check issues and electronic funds 

transfers. 

To Federal Reserve banks to distribute 

payments made through the direct 

deposit system to financial 

organizations or their processing agents 

authorized by individuals to receive and 

deposit payments in their accounts. 

The DoD ‘Blanket Routine Uses’ 

published at the beginning of the DFAS 

compilation of systems of records 

notices apply to this system.’’ 

* * * * * 

SAFEGUARDS: 

Delete entry and replace with 

‘‘Records are stored in an office building 

protected by guards, controlled 

screening, use of visitor registers, 

electronic access, and/or locks. Access 

to records is limited to individuals who 

are properly screened and cleared on a 

need to know basis in the performance 

of their duties. Passwords and digital 

signatures are used to control access to 

the system data, and procedures are in 

place to deter and detect browsing and 

unauthorized access. Physical and 

electronic access are limited to persons 

responsible for servicing and authorized 

to use the system.’’ 

RETENTION AND DISPOSAL: 

Delete entry and replace with 

‘‘Records may be temporary in nature 

and deleted when actions are 

completed, superseded, obsolete, or no 

longer needed. Other records may be cut 

off at the end of the payroll year, or 

destroyed up to 6 years and 3 months 

after cutoff. Records are destroyed by 

degaussing.’’ 

NOTIFICATION PROCEDURE: 

Delete entry and replace with 

‘‘Individuals seeking to determine 

whether information about themselves 

is contained in this system of records 

should address inquiries to Defense 

Finance and Accounting Service, 

Freedom of Information/Privacy Act 

Program Manager, Corporate 

Communications and Legislative 

Liaison, 8899 E. 56th Street, 

Indianapolis, IN 46249–1050. 

Written requests should contain 

individual’s full name, Social Security 

Number (SSN), current address and 

telephone number.’’ 

RECORD ACCESS PROCEDURES: 

Delete entry and replace with 

‘‘Individuals seeking access to 


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