Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 55777 

mechanisms to increase pandemic 

influenza vaccine manufacturing 

capacity or otherwise improve global 

availability of pandemic influenza 

vaccine? Have manufacturers discussed 

recent proposals by WHO member 

countries to implement ‘‘mandatory’’ 

mechanisms regarding participation in 

the Global Influenza Surveillance 

Network? What options to current 

proposals have been considered? 

4. Other matters that are related to the 

substance contained in 1–3, above. 

Please submit by October 1, 2010, a 

written submission of 15 pages or less 

with facts and information on the issues 

described above. Comments should be 

submitted electronically to 

Vaccine.Comments@trade.gov. 

Business-confidential information 

should be clearly identified. 

Upon receipt of the written 

submission, representatives from the 

Department of Commerce and other 

federal agencies and departments will 

consider the information. In doing so, 

entities submitting the information may 

be contacted for further information or 

explanation and, in some cases, 

meetings with individual submitters 

may be requested. 

Dated: September 8, 2010. 

Skip Jones, 

Deputy Assistant Secretary, Trade 

Agreements and Compliance, Market Access 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce. 

[FR Doc. 2010–22881 Filed 9–13–10; 8:45 am] 

BILLING CODE 3510–DA–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 10–C0005] 

Pro-Pac Distributing Corp., 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 Pro-Pac 

Distributing Corp., containing a civil 

penalty of $125,000.00. 

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 September 

29, 2010. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 10–C0005, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 820, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Jason E. Yearout, Trial 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) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: September 8, 2010. 

Todd A. Stevenson, 

Secretary. 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 10–C0005] 

In the Matter of: Pro-Pac Distributing 

Corp. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Pro-Pac Distributing Corporation (‘‘ProPac’’) and the staff (‘‘Staff’’) of the United 

States Consumer Product Safety 

Commission (‘‘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 Staff is the staff of the 

Commission, an independent federal 

regulatory agency established pursuant 

to, and responsible for the enforcement 

of, the Consumer Product Safety Act, 15 

U.S.C. 2051–2089 (‘‘CPSA’’). 

3. Pro-Pac is a corporation organized 

and existing under the laws of 

California, with its principal offices 

located in Gardena, California. At all 

times relevant hereto, Pro-Pac sold 

apparel. 

Staff Allegations 

4. In November of 2008, Pro-Pac 

imported and further distributed in 

commerce, through sale and/or holding 

for sale, children’s hooded pullover and 

zipper sweatshirts with drawstrings at 

the neck, in sizes Youth S–L 

(collectively, ‘‘Sweatshirts’’). 

5. Pro-Pac sold Sweatshirts to 

retailers. 

6. The Sweatshirts are ‘‘consumer 

product[s],’’ and, at all times relevant 

hereto, Pro-Pac was a ‘‘manufacturer’’ of 

those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

3(a)(5), (8), and (11), 15 U.S.C. 

2052(a)(5), (8), and (11). 

7. In February 1996, the Staff issued 

the Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(‘‘Guidelines’’) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, the Staff recommends that 

there be no hood and neck drawstrings 

in children’s upper outerwear sized 2T 

to 12. 

8. In June 1997, ASTM adopted a 

voluntary standard (ASTM F1816–97) 

that incorporated the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards and should be sure 

garments they sell conform to the 

voluntary standard. 

9. On May 19, 2006, the Commission 

posted on its Web site a letter from the 

Commission’s Director of the Office of 

Compliance to manufacturers, 

importers, and retailers of children’s 

upper outerwear. The letter urges them 

to make certain that all children’s upper 

outerwear sold in the United States 

complies with ASTM F1816–97. The 

letter states that the Staff considers 

children’s upper outerwear with 

drawstrings at the hood or neck area to 

be defective and to present a substantial 

risk of injury to young children under 

Federal Hazardous Substances Act 

(‘‘FHSA’’) section 15(c), 15 U.S.C. 

1274(c). The letter also notes the CPSA’s 

section 15(b) reporting requirements. 

10. Pro-Pac’s distribution in 

commerce of the Sweatshirts did not 

meet the Guidelines or ASTM F1816– 

97, failed to comport with the Staff’s 

May 2006 defect notice, and posed a 

strangulation hazard to children. 

11. On July 15, 2009, the Commission 

announced Pro-Pac’s recall of the 

Sweatshirts. 

12. Pro-Pac had presumed and actual 

knowledge that the Sweatshirts 

distributed in commerce posed a 

strangulation hazard and presented a 

substantial risk of injury to children 

under FHSA section 15(c)(1), 15 U.S.C. 

1274(c)(1). Pro-Pac had obtained 

information that reasonably supported 

the conclusion that the Sweatshirts 

contained a defect that could create a 

substantial product hazard or that they 

created an unreasonable risk of serious 

injury or death. CPSA sections 15(b)(3) 


jlentini on DSKJ8SOYB1PROD with NOTICES
55778 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 

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

required Pro-Pac to immediately inform 

the Commission of the defect and risk. 

13. Pro-Pac knowingly failed to 

immediately inform the Commission 

about the Sweatshirts as required by 

CPSA sections 15(b)(3) and (4), 15 

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

term ‘‘knowingly’’ is defined in CPSA 

section 20(d), 15 U.S.C. 2069(d). This 

failure violated CPSA section 19(a)(4), 

15 U.S.C. 2068(a)(4). Pursuant to CPSA 

section 20, 15 U.S.C. 2069, this failure 

subjected Pro-Pac to civil penalties. 

Pro-Pac’s Response 

14. Pro-Pac denies the Staff’s 

allegations above that Pro-Pac 

knowingly violated the CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Pro-Pac. 

16. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Pro-Pac, or a 

determination by the Commission, that 

Pro-Pac knowingly violated the CPSA. 

17. In settlement of the Staff’s 

allegations, Pro-Pac shall pay a civil 

penalty in the amount of one hundred 

twenty-five thousand dollars 

($125,000.00). The civil penalty shall be 

paid 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. 

18. Upon 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 CFR 1118.20(f), if 

the Commission does not receive any 

written request not to accept the 

Agreement within fifteen (15) calendar 

days, the Agreement shall be deemed 

finally accepted on the sixteenth (16th) 

calendar day after the date it is 

published in the Federal Register. 

19. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Pro-Pac 

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 Order or of 

the Commission’s actions; (3) a 

determination by the Commission of 

whether Pro-Pac 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. 

20. The Commission may publicize 

the terms of the Agreement and the 

Order. 

21. The Agreement and the Order 

shall apply to, and be binding upon, 

Pro-Pac and each of its successors and 

assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject ProPac and each of its successors and 

assigns to appropriate legal action. 

23. The 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. 

24. If 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 the Order 

shall remain in full force and effect, 

unless the Commission and Pro-Pac 

agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

Pro-Pac Distributing Corp. 

Dated: August 11, 2010. By: 

lllllllllllllllllllll

Young-Geun Lee 

President and Owner, Pro-Pac Distributing 

Corp., 204 W. Rosecrans Avenue, Gardena, 

CA 90248. 

Dated: August 15, 2010. By: 

lllllllllllllllllllll

Simon Langer, 

Law Offices of David Marh & Associates, 

3325 Wilshire Blvd., Suite 1350, Los Angeles, 

CA 90010, Counsel for Pro-Pac Distributing 

Corp. 

U.S. Consumer Product Safety, 

Commission Staff. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: August 24, 2010. 

Jason E. Yearout, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 10–C0005] 

In the Matter of: Pro-Pac Distributing 

Corp. 

Order 

Upon consideration of the Settlement 

Agreement entered into between ProPac Distributing Corp. (‘‘Pro-Pac’’) and 

the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over ProPac, 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 Pro-Pac shall 

pay a civil penalty in the amount of one 

hundred twenty-five thousand dollars 

($125,000.00) 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 Pro-Pac to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Pro-Pac 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 7th day 

of September, 2010. 

BY ORDER OF THE COMMISSION: 

lllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product 

Safety Commission 

[FR Doc. 2010–22779 Filed 9–13–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Strategic Environmental Research and 

Development Program, Scientific 

Advisory Board 

AGENCY: Department of Defense. 

ACTION: Notice. 

SUMMARY: This notice is published in 

accordance with Section 10(a)(2) of the 

Federal Advisory Committee Act (Pub. 

L. 92–463). The topic of the meeting on 

October 19–21, 2010, is to review new 

start research and development projects 

requesting Strategic Environmental 

Research and Development Program 

funds in excess of $1M. This meeting is 

open to the public. Any interested 

person may attend, appear before, or file 

statements with the Scientific Advisory 

Board at the time and in the manner 

permitted by the Board. 

DATES: The meeting will be held on 

Tuesday, October 19 (from 9 a.m. to 5 


jlentini on DSKJ8SOYB1PROD with NOTICES