18694 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 

NSN: 8415–01–539–4041—XLARGE–Short 

NSN: 8415–01–539–4045—XSMALL–Reg 

NSN: 8415–01–539–4049—SMALL–Reg 

NSN: 8415–01–539–4056—MEDIUM–Reg 

NSN: 8415–01–539–4058—LARGE–Reg 

NSN: 8415–01–539–4109—XLARGE–Reg 

NSN: 8415–01–539–4114—2XLARGE–Reg 

NSN: 8415–01–539–4119—XSMALL–LONG 

NSN: 8415–01–539–4609—SMALL–LONG 

NSN: 8415–01–539–4619—MEDIUM–LONG 

NSN: 8415–01–539–4625—LARGE–LONG 

NSN: 8415–01–539–4631—XLARGE–LONG 

NSN: 8415–01–539–4635—2XLARGE–LONG 

NSN: 8415–01–539–4658—SMALL–Xlong 

NSN: 8415–01–539–4664—MEDIUM–Xlong 

NSN: 8415–01–539–4667—LARGE–Xlong 

NSN: 8415–01–539–4671—XLARGE–Xlong 

NSN: 8415–01–539–4677—2XLarge-Xlong 

NPA: Bestwork Industries for the Blind, Inc., 

Runnemede, NJ 

Contracting Activity: Defense Logistics 

Agency, Defense Supply Center 

Philadelphia. 

Coverage: C-list for the remaining portion 

(beyond three years and above 735,000 

units) of the government requirement for 

the Defense Supply Center Philadelphia, 

Philadelphia, PA. 

Deletions 

On 2/27/2009, the Committee for 

Purchase From People Who Are Blind 

or Severely Disabled published notice 

(74 FR 8902–8903) of proposed 

deletions from the Procurement List. 

After consideration of the relevant 

matter presented, the Committee has 

determined that the products listed 

below are no longer suitable for 

procurement by the Federal Government 

under 41 U.S.C. 46–48c and 41 CFR 51– 

2.4. 

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. The action will not result in 

additional reporting, recordkeeping or 

other compliance requirements for small 

entities. 

2. The action may result in 

authorizing small entities to furnish the 

products 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. 46–48c) in 

connection with the products deleted 

from the Procurement List. 

End of Certification 

Accordingly, the following products 

are deleted from the Procurement List: 

Products 

NSN: 7520–01–484–5269—Pen, Retractable, 

Biodegradable 

NSN: 7520–01–484–5265—Pen, Retractable, 

Biodegradable 

NSN: 7520–01–484–5264—Pen, Retractable, 

Biodegradable 

NSN: 7520–01–484–5260—Pen, Retractable, 

Biodegradable 

NPA: Industries of the Blind, Inc., 

Greensboro, NC 

Contracting Activity: GSA/FSS Ofc Sup Ctr— 

Paper Products, New York, NY. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. E9–9454 Filed 4–23–09; 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 to the Procurement List products 

and service to be furnished by nonprofit 

agencies employing persons who are 

blind or have other severe disabilities. 

Comments Must be Received on or 

Before: 5/25/2009. 

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 or to Submit 

Comments Contact: Barry S. Lineback, 

telephone: (703) 603–7740, fax: (703) 

603–0655, or e-mail 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to 41 U.S.C 

47(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 for each product or service 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. 46–48c) 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: 6850–01–167–0678—Cleaner, Brake 

Parts 

NPA: Lighthouse for the Blind, St. Louis, MO 

Contracting Activity: Defense Logistics 

Agency, Defense Supply Center Columbus 

COVERAGE: C-list for the total 

requirement of the Defense Supply Center 

Columbus, Columbus, OH. 

NSN: 7510–00–NIB–0869—Tape, Package 

Sealing Pack w/Pistol Grip Dispenser 

NSN: 7510–00–NIB–0870—Tape, Package 

Sealing Pack w/Handheld Dispenser 

NSN: 7510–00–NIB–0871—Tape, Package 

Sealing Prepack Commercial Grade 

NSN: 7510–00–NIB–0872—Tape, Packaging 

Sealing Prepack Economy Grade 

NPA: Cincinnati Association for the Blind, 

Cincinnati, OH 

Contracting Activity: Federal Acquisition 

Service, GSA/FSS OFC SUP CTR—Paper 

Products 

COVERAGE: A-List for the total 

Government requirement as aggregated by the 

General Services Administration. 

NSN: 7530–00–NIB–0880—Self-Stick Table 

Top Easel Pad 

NPA: Assoc f/t Blind & Visually Impaired & 

Goodwill Ind of Greater Rochester, 

Rochester, NY 

Contracting Activity: Federal Acquisition 

Service, GSA/FSS OFC SUP CTR—Paper 

Products 

COVERAGE: A-List for the total 

Government requirement as aggregated by the 

General Services Administration. 

NSN: 8105–00–NIB–1281—Bag, Trash, Insect 

Repellent 

NSN: 8105–00–NIB–1282—Bag, Trash, Insect 

Repellent 

NSN: 8105–00–NIB–1283—Bag, Trash, Insect 

Repellent 

NSN: 8105–00–NIB–1284—Bag, Trash, Insect 

Repellent 

NSN: 8105–00–NIB–1285—Bag, Trash, Insect 

Repellent 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 18695 

1Magnetix sets continued to be manufactured 

after 2005, however due to manufacturing and 

design improvements instituted by Mega Brands 

America, these sets are not the subject of the 

allegations set forth in this Agreement. 

NSN: 8105–00–NIB–1286—Bag, Trash, Insect 

Repellent 

NSN: 8105–00–NIB–1287—Bag, Trash, Insect 

Repellent 

NSN: 8105–00–NIB–1288—Bag, Trash, Insect 

Repellent 

NPA: Envision, Inc., Wichita, KS 

Contracting Activity: Federal Acquisition 

Service, GSA/FSS OFC SUP CTR—Paper 

Products 

COVERAGE: B-List for the broad 

Government requirement as aggregated by the 

General Services Administration. 

Service 

Service Type/Location: Custodial Services, 

Camp Bullis Gymnasium—Building 5031, 

6929 Camp Bullis Rd, Camp Bullis, TX 

NPA: Professional Contract Services, Inc., 

Austin, TX 

Contracting Activity: DEPT OF THE 

ARMY, XR W6BB ACA SAM HOUSTON. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. E9–9455 Filed 4–23–09; 8:45 am] 

BILLING CODE 6353–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0018] 

Mega Brands America, Inc. f/k/a Rose 

Art Industries, 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 Mega 

Brands America, Inc. f/k/a Rose Art 

Industries, Inc., containing a civil 

penalty of $1,100,000.00. 

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 11, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0018, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Michelle Faust Gillice, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7667. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: April 20, 2009. 

Todd A. Stevenson, 

Secretary. 

In the Matter of: Mega Brands America, 

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

Settlement Agreement 

1. This Settlement Agreement 

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

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

Consumer Product Safety Commission 

(the ‘‘Commission’’) and Mega Brands 

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

Inc., 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 resolve the 

staff’s allegations set forth below. 

The Parties 

2. The Commission is an independent 

federal regulatory agency responsible for 

the enforcement of the CPSA, 15 U.S.C. 

2051–2089. 

3. Mega Brands America, Inc. (‘‘Mega 

Brands America’’) f/k/a Rose Art 

Industries, Inc. (‘‘Rose Art’’) is a New 

Jersey corporation, with its principal 

office located in Livingston, NJ. Rose 

Art was wholly owned by Jeffrey Rosen, 

Lawrence Rosen, and Sydney Rosen 

until purchased by Mega Bloks, Inc. (a 

Canadian corporation) on July 26, 2005. 

Pursuant to the terms of the purchase 

agreement, Mega Bloks, Inc. could not 

assume operational control of Rose Art 

until December 31, 2005. Thereafter, 

Jeffrey Rosen and Lawrence Rosen 

remained in senior management 

positions at Rose Art until their 

respective departures on April 3, 2006 

and May 9, 2006. On June 15, 2006, 

Rose Art was renamed ‘‘Mega Brands 

America’’. 

4. Mega Brands, Inc. f/k/a Mega Bloks, 

Inc. (‘‘Mega Brands’’) is a Canadian 

corporation located in Montreal, 

Quebec, Canada. Mega Brands is the 

parent company of Mega Brands 

America. 

5. At all times relevant herein, Rose 

Art designed and manufactured the 

Magnetix magnet toys subject to this 

Settlement Agreement and Order. 

Staff Allegations 

6. Between January 2003 and 

December 2005, Rose Art manufactured 

and/or imported Magnetix magnetic 

building sets (hereinafter ‘‘Magnetix 

set(s)’’ or ‘‘the set(s).’’ 1

7. Magnetix sets are ‘‘children’s 

product[s]’’ and ‘‘consumer product[s]’’ 

and, at the times relevant herein, Rose 

Art was a ‘‘manufacturer’’ of ‘‘children’s 

product[s]’’ and ‘‘consumer product[s]’’ 

which were ‘‘distributed in commerce’’ 

as those terms are defined in sections 

3(a)(2), (5), (8), and (11) of the CPSA, 15 

U.S.C. 2052(a)(2), (5), (8) and (11). 

8. The Magnetix sets are defective 

because magnets embedded in small 

plastic pieces contained in the sets 

could come loose and fall out of the 

plastic casing. 

9. This defect creates a substantial 

risk of injury to children under section 

15(c) of the Federal Hazardous 

Substances Act, 15 U.S.C. 1274(c) 

because, if two or more magnets (or one 

magnet and one metallic ball) from a set 

are ingested by a child, they can attract 

each other through intestinal walls, 

causing perforations, twisting and/or 

blockage of the intestines, infection, 

blood poisoning and death. 

10. On December 14, 2005, Rose Art 

filed an ‘‘initial report’’ pursuant to 

section 15(b) of the CPSA, 15 U.S.C. 

2064(b), concerning the death of a 22 

month old child who died on November 

24, 2005. The child had ingested 

multiple magnets from a Magnetix set 

on separate occasions which 

subsequently joined together in his 

small intestine, causing a blockage and 

sepsis, which led to his death. Rose 

Art’s report identified the product as a 

Magnetix ‘‘X-treme Combo Flashing 

Lights Castle.’’ The firm attributed the 

release of magnets from the plastic 

pieces to unusually abusive play by the 

decedent’s older siblings. The initial 

report essentially contained no other 

information. 

11. At the time of its initial report, 

Rose Art was in possession of at least 

one report of a child suffering an 

unspecified injury from ingesting a 

magnet from a Magnetix set and over 

1100 consumer complaints that magnets 

had come loose or fallen out of plastic 

pieces from dozens of different 

Magnetix models, but failed to include 

that information in its report as required 

by section 15(b) of the CPSA, 15 U.S.C. 

2064(b). 

12. On January 13, 2006, CPSC staff 

sent Rose Art a letter requesting a Full 

Report pursuant to 16 CFR 1115.13(d). 

Requested information included copies 

of the following: Product liability suits 

and/or claims of personal injury; 

mstockstill on PROD1PC66 with NOTICES