Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Notices 32329

18. Respondent agrees to pay to the

order of the U.S. Treasury a civil

penalty in the amount of one million,

one hundred thousand dollars

($1,100,000), in settlement of this

matter. The first payment in the amount

of $366,666.66 shall be made within

twenty (20) calendar days of receiving

service of the final Settlement

Agreement and Order. The second

payment in the amount of $366,666.67

shall be made within six months of the

date the first payment is due. A final

payment in the amount of $366,666.68

shall be made within one calendar year

of the date the first payment is due. If

Fisher-Price fails to make a payment on

schedule, the unpaid balance of the

entire civil penalty shall be due and

payable, and interest on the outstanding

balance shall accrue and be paid at the

federal legal rate of interest under the

provisions of 28 U.S.C. 1961 (a) and (b)

from the date payment was due.

19. This Settlement Agreement and

Order is entered into for settlement

purposes only and does not constitute

findings by the Commission or an

admission of any fault, any liability, any

violation of any law, or any wrongdoing

by Respondent.

20. Fisher-Price knowingly,

voluntarily and completely waives any

rights it may have in the above

captioned case (i) to the issuance of a

Complaint in this matter; (ii) to an

administrative or judicial hearing with

respect to the staff’s allegations cited

herein; (iii) to judicial review or other

challenge or contest of the validity of

the Settlement Agreement or the

Commission’s Order; (iv) to a

determination by the Commission as to

whether a violation of Section 15(b) of

the CPSA, has occurred; (v) to a

statement of findings of fact and

conclusions of law with regard to the

staff’s allegations; and (vi) to any claims

under the Equal Access to Justice Act.

21. Upon provisional acceptance of

this Settlement Agreement and Order by

the Commission, the Commission shall

place this Settlement Agreement and

Order on the public record and shall

publish it in the Federal Register in

accordance with the procedure set forth

in 16 CFR 1118.20(e). If the Commission

does not receive any written requests

not to accept the Settlement Agreement

and Order within 15 days, the

Settlement Agreement and Order shall

be deemed finally accepted on the 16th

day after the date it is published in the

Federal Register, in accordance with 16

CFR 1118.20(f).

22. This Settlement Agreement and

Order becomes effective after its final

acceptance by the Commission and

service upon Respondent.

23. Upon final acceptance of this

Settlement Agreement by the

Commission, the Commission may

publicize the terms of the Settlement

Agreement and Order.

24. Respondent agrees to the entry of

the attached Order, which is

incorporated herein by reference, and

agrees to be bound by its terms.

25. This Settlement Agreement and

Order is being upon Fisher-Price, its

parent, its parent’s subsidiaries and

each of their successors or assigns with

respect to Power Wheels.

26. This Settlement Agreement and

Order releases Fisher-Price, its parent

and its parent’s subsidiaries and each of

their successors and assigns, from any

liability to the Commission under

section 20 of the CPSA for a civil

penalty arising from the allegations in

paragraphs 4 through 10.

27. Nothing in this Settlement

Agreement and Order shall be construed

to preclude the Commission from

pursuing corrective action or other relief

not described above.

28. If, after the effective date hereof,

any provision of this Settlement

Agreement and Order is held to be

illegal, invalid, or unenforceable under

present or future laws effective during

the terms of the Settlement Agreement

and Order, such provision shall be fully

severable. The rest of the Settlement

agreement and Order shall remain in

full effect, unless the Commission and

Fisher-Price determine that severing the

provision materially impacts the

purpose of the Settlement Agreement

and Order.

29. This Settlement Agreement and

Order shall not be waived, changed,

amended, modified, or otherwise

altered, except in writing executed by

the party against whom such

amendment, modification, alteration, or

waiver is sought to be enforced, and

approved by the Commission.

30. This Settlement Agreement may

be used in interpreting the Order.

Agreements, understandings,

representations, or interpretations made

outside of this Settlement Agreement

and Order may not be used to vary or

to contradict its terms.

Dated: May 29, 2001.

Fisher-Price, Inc.

Neil Friedman,

President & Chief Executive Officer.

The Consumer Product Safety Commission

Alan H. Schoem,

Assistant Executive Director, Office of

Compliance.

Eric L. Stone,

Legal Division, Office of Compliance.

Dated: May 30, 3001.

Ronald G. Yelenk,

Trial Attorney, Legal Division, Office of

Compliance.

Order

Upon consideration of the Settlement

Agreement between Respondent FisherPrice, Inc., a corporation, and the staff

of the Consumer Product Safety

Commission, and the Commission

having jurisdiction over the subject

matter and over Fisher-Price, Inc., and

it appearing the Settlement Agreement

is in the public interest, it is

Ordered, that the Settlement

Agreement be, and hereby is, accepted,

and it is

Further Ordered, that Fisher-Price,

Inc. shall pay to the order of the U.S.

Treasury a civil penalty in the amount

of one million, one hundred thousand

dollars ($1,100,000), payable as follows:

$366,666.66 within twenty (20) calendar

days after service of this Final Order

upon Fisher-Price, Inc.; $366.66.67

within six months of the date the first

payment is due; and $366,666.68 within

one calendar year of the date the first

payment is due.

Upon failing to make a payment on

schedule, the unpaid balance of the

entire civil penalty shall be due and

payable, and interest on the outstanding

balance shall accrue and be paid at the

federal legal rate of interest under the

provisions of 28 U.S.C. 1961 (a) and (b)

from the date payment was due.

Provisionally accepted and Provisional Order

issued on the 7th day of June, 2001.

By Order of the Commission.

Todd A. Stevenson,

Consumer Product Safety Commission.

[FR Doc. 01–14927 Filed 6–13–01; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Submission for OMB Review;

Comment Request

ACTION: Notice.

The Department of Defense has

submitted to OMB for clearance, the

following proposal for collection of

information under the provisions of the

Paperwork Reduction Act (44 U.S.C.

Chapter 35).

Title, Form, and OMB Number:

Military Critical Technical Data

Agreement; DD Form 2345; OMB

Number 0704–0207.

Type of Request: Extension.

Number of Respondents: 6,000.

Responses per Respondent: 1.

Annual Responses: 6,000.

Average Burden per Response: 20

Minutes.

32330 Federal Register / Vol. 66, No. 115 / Thursday, June 14, 2001 / Notices

Annual Burden Hours: 2,000.

Needs and Uses: The information

collection requirement is necessary as a

basis for certifying individuals or

businesses to have access to DoD exportcontrolled military critical technical

data subject to the provisions of 32 CFR

250. Individuals and enterprises that

need access to unclassified DoDcontrolled militarily critical technical

data must certify on DD Form 2345 that

data will be used only in ways that will

inhibit unauthorized access and

maintain the projection afforded by U.S.

export control laws. Use of the form

permits U.S. and Canada defense

contractors to certify their eligibility to

obtain certain unclassified technical

data with military and space

applications. Nonavailability of this

information prevents defense

contractors from accessing certain

restricted databases and obstructs

conference attendance where restricted

data will be discussed.

Affected Public: Business or Other

For-Profit; Not-For-Profit Institutions.

Frequency: On Occasion.

Respondent’s Obligation: Required to

Obtain or Retain Benefits.

OMB Desk Officer: Mr. David M.

Pritzker.

Written comments and

recommendations on the proposed

information collection should be sent to

Mr. Pritzker at the Office of

Management and Budget, Desk Officer

for DoD, Room 10236, New Executive

Office Building, Washington, DC 20503.

DOD Clearance Officer: Mr. Robert

Cushing.

Written requests for copies of the

information collection proposal should

be sent to Mr. Cushing, WHS/DIOR,

1215 Jefferson Davis Highway, Suite

1204, Arlington, VA 22202–4302.

Dated: June 5, 2001.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 01–14944 Filed 6–13–01; 8:45 am]

BILLING CODE 5001–08–M

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 01–10]

36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense

Security Cooperation Agency.

ACTION: Notice.

SUMMARY: The Department of Defense is

publishing the unclassified text of a

section 36(b)(1) arms sales notification.

This is published to fulfill the

requirements of section 155 of Public

Law 104–164 dated 21 July 1996.

FOR FURTHER INFORMATION CONTACT: Ms.

J. Hurd, DSCA/COMPT/RM, (703) 604–

6575.

The following is a copy of a letter to

the Speaker of the House of

Representatives, Transmittal 01–10 with

attached transmittal and policy

justification.

Dated: June 5, 2001.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.