Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 18697 

1118.20(f), 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. 

32. Upon final acceptance of this 

Agreement by the Commission and 

issuance of the final Order, Mega Brands 

America 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 validity of the 

Commission’s Order or actions; (iii) a 

determination by the Commission as to 

whether Mega Brands America 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. 

33. The Commission may publicize 

the terms of the Agreement and Order. 

34. The Agreement and Order shall 

apply to, and be binding upon Mega 

Brands America and each of its 

successors and assigns. 

35. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

those referenced in paragraph 34 above 

to appropriate legal action. 

36. This 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. 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. 

37. If any provision of this 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 Mega Brands America 

determine that severing the provision 

materially affects the purpose of the 

Agreement and Order. 

MEGA BRANDS AMERICA, INC. 

Dated: 3/19/09 

By: lllllllllllllllllll

Vic Bertrand 

President 

Mega Brands America, Inc., 6 Regent Street, 

Livingston, NJ 07039 

By: lllllllllllllllllll

Michael J. Gidding 

Counsel for Mega Brands America, Inc. 

Brown & Gidding, P.C., 3201 New Mexico 

Avenue, NW., Washington, DC 20016 

U.S. Consumer Product Safety Commission 

Cheryl Falvey 

General Counsel 

Ronald G. Yelenik 

Assistant General Counsel 

Dated: 3/24/09 

By: lllllllllllllllllll

Michelle Faust Gillice 

Trial Attorney 

Division of Compliance, Office of the General 

Counsel 

In the Matter of: Mega Brands America, 

Inc. f/k/a Rose Art Industries, Inc.; 

Order 

Upon consideration of the Settlement 

Agreement entered into between Mega 

Brands America, Inc. (‘‘Mega Brands 

America’’) and the U.S. Consumer 

Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Mega Brands 

America, and it appearing that the 

Settlement Agreement and the Order are 

in the public interest, it is 

Ordered, that the Settlement 

Agreement be, and hereby is, accepted; 

and it is 

Further ordered, that Mega Brands 

America shall pay a civil penalty in the 

amount of $1.1 million ($1,100,000.00) 

in three installments. The first 

installment of $400,000 shall be paid 

within twenty (20) calendar days of 

service of the Commission’s final Order 

accepting this Agreement. The second 

installment of $350,000 shall be paid 

within three (3) months of service of the 

Commission’s final Order accepting this 

Agreement. The third and final 

installment of $350,000 shall be paid 

within six (6) months of service of the 

Commission’s final Order accepting this 

Agreement. Each payment shall be made 

by check payable to the order of the 

United States Treasury. Upon the failure 

of Mega Brands America to make any of 

the aforementioned payments when 

due, the total amount of the civil 

penalty shall become immediately due 

and payable, and interest on the unpaid 

amount shall accrue and be paid by 

Mega Brands America 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 l day 

of ll, 2009. 

BY ORDER OF THE COMMISSION: 

Todd A. Stevenson, Secretary 

U.S. Consumer Product Safety Commission 

Finally accepted and final Order issued on 

the l day of ll, 2009. 

BY ORDER OF THE COMMISSION: 

Todd A. Stevenson, Secretary 

U.S. Consumer Product Safety Commission 

[FR Doc. E9–9452 Filed 4–23–09; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Defense Health Board (DHB) Meeting 

AGENCY: Department of Defense. 

ACTION: Notice of meeting. 

SUMMARY: Pursuant to the Federal 

Advisory Committee Act of 1972 (5 

U.S.C., Appendix as amended), the 

Sunshine in the Government Act of 

1976 (5 U.S.C. 552b, as amended), and 

41 CFR 102–3.150, and in accordance 

with section 10(a)(2) of Public Law, the 

following meeting of the Defense Health 

Board (DHB) is announced: 

DATES: May 7–8, 2009. 

May 7, 2009. 

7 a.m.–12 p.m. (Open Session). 

12 p.m.–2:15 p.m. (Administrative 

Working Meeting). 

2:15 p.m.–5:15 p.m. (Open Session). 

May 8, 2009. 

8 a.m.–2 p.m. (Closed Session). 

ADDRESSES: May 7, 2009, Ballroom, 

Sheraton Chrystal City Hotel, 1800 

Jefferson Davis Highway Arlington, VA 

22202. 

May 8, 2009 Industrial College of the 

Armed Forces, Fort McNair, 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Commander Edmond F. Feeks, 

Executive Secretary, Defense Health 

Board, Five Skyline Place, 5111 

Leesburg Pike, Suite 810, Falls Church, 

Virginia 22041–3206, (703) 681–8448, 

EXT. 1228, Fax: (703)–681–3317, 

edmond.feeks@tma.osd.mil. Additional 

information, agenda updates, and 

meeting registration are available online 

at the Defense Health Board Web site, 

http://www.ha.osd.mil/dhb. The public 

is encouraged to register for the meeting. 

If special accommodations are required 

to attend (sign language, wheelchair 

accessibility) please contact Ms. Lisa 

Jarrett at (703) 681–8448 ext. 1280 by 

April 30, 2009. Written statements may 

be mailed to the above address, emailed 

to dhb@ha.osd.mil or faxed to (703) 

681–3317. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Meeting: The purpose 

of the meeting is to address and 

deliberate pending and new Board 

issues and provide briefings for Board 

members on topics related to ongoing 

Board business. 

Agenda: On May 7, 2009, the Board 

will receive a briefing on Iraqi Health 

mstockstill on PROD1PC66 with NOTICES

18698 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 

Sector Reconstruction. The following 

Defense Health Board Subcommittees 

will present updates to the Board: the 

Millennium Cohort Study, the 

Psychological Health External Advisory 

Subcommittee, the Trauma and Injury 

Subcommittee, the Vaccine Safety and 

Effectiveness Report, the National 

Capital Region Base Realignment and 

Closure Subcommittee, and the 

Traumatic Brain Injury External 

Advisory Subcommittee. The Board will 

also receive an informational briefing on 

the use of the Warren Cohort Serum 

Repository. 

Pursuant to 5 U.S.C. 552b, as 

amended, and 41 CFR102–3.155, in the 

interest of national security, the 

Department of Defense has determined 

that the meeting on May 8, 2009 will be 

closed to the public. The Under 

Secretary of Defense (Personnel and 

Readiness), in consultation with the 

Office of the DoD General Counsel, has 

determined in writing that the public 

interest requires that the session on May 

8, 2009 be closed to public because they 

will concern matters listed in section 

552b(c)(1) of title 5, United States Code. 

Specifically the information presented 

meets criteria established by an 

executive order to be kept secret in the 

interest of national defense and foreign 

policy. 

Pursuant to 5 U.S.C. 552b, as 

amended, and 41 CFR 102–3.140 

through 102–3.165 and subject 

availability of space, the Defense Health 

Board meeting from 7 a.m. to 12 p.m. 

and from 2:15 p.m. to 5:15 p.m. on May 

7, 2009 is open to the public. Any 

member of the public wishing to 

provide input to the Defense Health 

Board should submit a written 

statement in accordance with 41 CFR 

102–3.140(C) and section 10(a)(3) of the 

Federal Advisory Committee Act, and 

the procedures described in this notice. 

Written statement should be not longer 

than two type-written pages and must 

address the following detail: The issue, 

discussion, and a recommended course 

of action. Supporting documentation 

may also be included as needed to 

establish the appropriate historical 

context and to provide any necessary 

background information. 

Individuals desiring to submit a 

written statement may do so through the 

Board’s Designated Federal Officer at 

the address detailed above at any point. 

However, if the written statement is not 

received at least 10 calendar days prior 

to the meeting, which is subject to this 

notice, then it may not be provided to 

or considered by the Defense Health 

Board until the next open meeting. 

The Designated Federal Officer will 

review all timely submissions with the 

Defense Health Board Chairperson, and 

ensure they are provided to members of 

the Defense Health Board before the 

meeting that is subject to this notice. 

After reviewing the written comments, 

the Chairperson and the Designated 

Federal Officer may choose to invite the 

submitter of the comments to orally 

present their issue during an open 

portion of this meeting or at a future 

meeting. 

The Designated Federal Officer, in 

consultation with the Defense Health 

Board Chairperson, may, if desired, allot 

a specific amount of time for members 

of the public to present their issues for 

review and discussion by the Defense 

Health Board. 

Dated: April 20, 2009. 

Morgan E. Frazier, 

Alternate OSD Federal Register, Liaison 

Officer, Department of Defense. 

[FR Doc. E9–9390 Filed 4–23–09; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DOD–2009–OS–0055] 

Privacy Act of 1974; System of 

Records 

AGENCY: Defense Logistics Agency, DoD. 

ACTION: Notice to Amend Two Systems 

of Records. 

SUMMARY: The Defense Logistics Agency 

is amending two systems of records 

notices in its existing inventory of 

record systems subject to the Privacy 

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

DATES: This proposed action will be 

effective without further notice on May 

26, 2009 unless comments are received 

which result in a contrary 

determination. 

ADDRESSES: Send comments to the Chief 

Privacy and FOIA Officer, Headquarters, 

Defense Logistics Agency, ATTN: DGA, 

8725 John J. Kingman Road, Suite 1644, 

Fort Belvoir, VA 22060–6221. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Lewis Oleinick at (703) 767–6194. 

SUPPLEMENTARY INFORMATION: The 

Defense Logistics Agency systems of 

records 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 records 

systems being amended are set forth 

below followed by the notices, as 

amended, published in their entirety. 

The proposed amendments are 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 a new or altered system 

report. 

Dated: April 21, 2009. 

Morgan E. Frazier, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

S500.41 CAAS 

SYSTEM NAME: 

Vehicle/Traffic Incident Files (July 30, 

1999, 64 FR 41399). 

CHANGES: 

SYSTEM IDENTIFIER: 

Delete ‘‘CAAS’’ from entry. 

* * * * * 

SYSTEM LOCATION: 

Delete entry and replace with ‘‘Public 

Safety and Security Office, 

Headquarters, Defense Logistics Agency, 

8725 John J. Kingman Road, Suite 3533, 

Fort Belvoir, VA 22060–6220 and the 

Public Safety and Security Offices of the 

DLA field activities. Addresses may be 

obtained from the System manager.’’ 

* * * * * 

SAFEGUARDS: 

Delete entry and replace with 

‘‘Records are maintained in areas 

accessible only to DLA Headquarters 

and field activities security supervisory 

and staff personnel who use the records 

to perform their duties. All records are 

maintained on closed military 

installations with security force 

personnel performing installation access 

control and random patrols. Common 

Access Cards and personal 

identification numbers are used to 

authenticate authorized desktop and 

laptop computer users. Computer 

servers are scanned quarterly or 

monthly to assess system 

vulnerabilities. Systems security 

updates are accomplished daily. The 

computer files are password protected 

with access restricted to authorized 

users with a need for the information. 

Records are secured in locked or 

guarded buildings, locked offices, or 

locked cabinets during non duty hours, 

with access restricted during duty hours 

to authorized users with a need for the 

information.’’ 

* * * * * 

SYSTEM MANAGER(S) AND ADDRESS: 

Delete entry and replace with 

‘‘Program Manager, Law Enforcement 

Operations, Headquarters, Defense 

Logistics Agency, Office of Public 

Safety, 8725 John J. Kingman Road, 

Suite 3533, Fort Belvoir, VA 22060– 

6220, and the Security Managers within 

mstockstill on PROD1PC66 with NOTICES