59260 Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices 

report, which documented the fire 

investigator’s simulated test of the 

compressor, until January 20, 2006. TAP 

did not have sufficient information to 

reasonably support the conclusion that 

it should file a section 15(b) report until 

January 20, 2006. 

17. TAP enters into this Settlement 

Agreement and Order to avoid incurring 

additional legal costs and expenses. In 

settling this matter, TAP does not admit 

any fault, liability, or statutory or 

regulatory violation, and this Settlement 

Agreement and Order do not constitute 

and are not evidence of any fault or 

wrongdoing on the part of TAP. 

IV. Agreement of the Parties 

18. The Commission has jurisdiction 

over this matter and over TAP under the 

Consumer Product Safety Act, 15 U.S.C. 

2051–2084. 

19. In settlement of the staff’s 

allegations, TAP agrees to pay a civil 

penalty in the amount of $100,000.00 as 

set forth in the attached incorporated 

Order. 

20. The parties enter this Settlement 

Agreement for settlement purposes only. 

The Settlement Agreement does not 

constitute an admission by TAP or a 

determination by the Commission that 

TAP violated the CPSA’s reporting 

requirements in accordance with 16 

CFR 1118.20(f). 

21. Upon provisional acceptance of 

this Settlement Agreement by the 

Commission, the Commission shall 

place this Agreement and Order on the 

public record and shall publish it in the 

Federal Register in accordance with the 

procedures set forth in 16 CFR 

1118.20(e). Unless the Commission 

receives a written request not to accept 

the Settlement Agreement and Order 

within 15 calendar days, the Agreement 

will 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). 

22. Upon final acceptance of this 

Settlement Agreement by the 

Commission and issuance of the Final 

Order, TAP 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 actions; (iii) a 

determination by the Commission as to 

whether TAP failed to comply with the 

CPSA and the underlying regulations; 

(iv) a statement of findings of fact or 

conclusions of law; and (v) any claims 

under the Equal Access to Justice Act. 

23. The Commission may publicize 

the terms of the Settlement Agreement 

and Order. 

24. This Settlement Agreement and 

Order shall apply to, and be binding 

upon TAP and each of its successors 

and assigns. 

25. The Commission’s Order in this 

matter is issued under the provisions of 

the CPSA, 15 U.S.C. 2051–2084, and a 

violation of this Order may subject TAP 

to appropriate legal action. 

26. 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 

contradict its terms. 

27. This Settlement Agreement shall 

not be waived, changed, amended, 

modified, or otherwise altered without 

written agreement thereto executed by 

TAP and approved by the Commission. 

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 provisions shall be 

fully severable. The rest of Settlement 

Agreement and Order shall remain in 

full effect, unless the Commission and 

TAP jointly determine that severing the 

provision materially changes the 

purpose of the Settlement Agreement 

and Order. 

TAP Enterprises, Inc. 

d/b/a Cummins Industrial Tools. 

Dated: September 6, 2007. 

Christopher K. Lyon, 

Vice President, TAP Enterprises, Inc., d/b/a/ 

Cummins Industrial Tools, 650 North 

Lincoln, Spring Hill, KS 66083. 

Dated: September 14, 2007. 

Jill M. Zucker, Esquire, 

Bryan Cave, LLP, 

Attorney for TAP Enterprises, Inc., d/b/a 

Cummins Industrial Tools, 700 Thirteenth 

Street, NW., Washington, DC 20005–3906. 

Consumer Product Safety Commission. 

John Gibson Mullan, 

Assistant Executive Director, Office of 

Compliance and Field Operations, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, MD 

20814. 

Ronald G. Yelenik, 

Acting Director, Legal Division, Office of 

Compliance and Field Operations. 

Dated: September 17, 2007. 

Dennis C. Kacoyanis, 

Trial Attorney, Legal Division, Office of 

Compliance and Field Operations. 

Order 

Upon consideration of the Settlement 

Agreement entered into between TAP 

Enterprises, Inc., d/b/a Cummins 

Industrial Tools (‘‘TAP’’) and the staff of 

the Consumer Product Safety 

Commission (‘‘the Commission’’); and 

the Commission having jurisdiction 

over the subject matter and TAP; and it 

appearing that the Settlement 

Agreement and Order is in the public 

interest, it is 

Ordered that the Settlement 

Agreement be, and hereby, is accepted; 

and it is 

Further ordered that TAP shall pay a 

civil penalty of ONE HUNDRED 

THOUSAND DOLLARS ($100,000.00) to 

the United States Treasury in four 

installments as follows: TWENTY-FIVE 

THOUSAND DOLLARS ($25,000.00) 

shall be paid within twenty (20) 

calendar days of service of the Final 

Order upon TAP; TWENTY-FIVE 

THOUSAND DOLLARS ($25,000.00) 

shall be paid within 180 days of service 

of the Final Order upon TAP; TWENTYFIVE THOUSAND DOLLARS 

($25,000.00) shall be paid within 270 

days of service of the Final Order upon 

TAP; and TWENTY-FIVE THOUSAND 

DOLLARS ($25,000.00) shall be paid 

within 365 days of service of the Final 

Order upon TAP. Upon the failure of 

TAP to make any of the foregoing 

payments when due, the entire amount 

of the civil penalty shall become 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). 

Provisionally accepted and 

provisional Order issued on the 15th 

day of October, 2007. 

By Order of the Commission, 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 07–5152 Filed 10–18–07; 8:45 am] 

BILLING CODE 6355–01–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal Nos. 08–03] 

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. 

B. English, DSCA/DBO/CFM, (703) 601–

3740. 


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Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices 59261 

The following is a copy of a letter to 

the Speaker of the House of 

Representatives, Transmittals 08–03 

with attached transmittal, policy 

justification, and Sensitivity of 

Technology. 

Dated: October 11, 2007. 

L.M. Bynum, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

BILLING CODE 5001–06–M 


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Federal Register / Vol. 72, No. 202 / Friday, October 19, 2007 / Notices 59265 

[FR Doc. 07–5112 Filed 10–18–07; 8:45 am] 

BILLING CODE 5001–06–C 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Membership of the Defense Contract 

Audit Agency Senior Executive Service 

Performance Review Boards 

AGENCY: Defense Contract Audit 

Agency. 

ACTION: Notice of membership of the 

Defense Contract Audit Agency Senior 

Executive Service Performance Review 

Boards. 

SUMMARY: This notice announces the 

appointment of members to the Defense 

Contract Audit Agency (DCAA) 

Performance Review Boards. The 

Performance Review Boards provide fair 

and impartial review of Senior 

Executive Service (SES) performance 

appraisals and make recommendations 

to the Director, Defense Contract Audit 

Agency, regarding final performance 

ratings and performance awards for 

DCAA SES members. 

DATES: Effective Date: Upon publication 

of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Donna Riney, Chief, Human Resources 

Management Division, Defense Contract 

Audit Agency, 8725 John J. Kingman 

Road, Suite 2135, Fort Belvoir, Virginia 

22060–6219, (703) 767–1236. 

SUPPLEMENTARY INFORMATION: In 

accordance with 5 U.S.C. 4314(c)(4), the 

following are the names and titles of 

DCAA career executives appointed to 

serve as members of the DCAA 

Performance Review Boards. 

Appointees will serve one-year terms, 

effective upon publication of this notice. 

Headquarters Performance Review 

Board: 

Mr. Joseph Garcia, Assistant Director, 

Operations, DCAA, chairperson. 

Mr. Ken Saccoccia, Assistant Director, 

Policy and Plans, DCAA, member. 

Mr. John Farenish, General Counsel, 

DCAA, member. 

Regional Performance Review Board: 

Mr. Francis Summers, Regional 

Director, Mid-Atlantic Region, DCAA, 

chairperson. 

Mr. Christopher Andrezze, Regional 

Director, Western Region, DCAA, 

member. 

Mr. Ed Nelson, Regional Director, 

Northeastern Region, member. 

Dated: October 15, 2007. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, DoD. 

[FR Doc. 07–5165 Filed 10–18–07; 8:45 am] 

BILLING CODE 5001–06–M 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The IC Clearance Official, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before 

November 19, 2007. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, 

Washington, DC 20503. Commenters are 

encouraged to submit responses 

electronically by e-mail to 

oira_submission@omb.eop.gov or via fax 

to (202) 395–6974. Commenters should 

include the following subject line in 

their response ‘‘Comment: [insert OMB 

number], [insert abbreviated collection 

name, e.g., ‘‘Upward Bound 

Evaluation’’]. Persons submitting 

comments electronically should not 

submit paper copies. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 


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