3238 Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–913] 

Certain New Pneumatic Off-the-Road 

Tires From the People’s Republic of 

China: Alignment of Final 

Countervailing Duty Determination 

With Final Antidumping Duty 

Determination 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the Department) is aligning the final 

determination in the countervailing 

duty investigation of certain new 

pneumatic off-the-road tires (OTR Tires) 

from the People’s Republic of China 

(PRC) with the final determination in 

the companion antidumping 

investigation. 

EFFECTIVE DATE: January 17, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Mark Hoadley, Jack Zhao, or Nicholas 

Czajkowski, AD/CVD Operations, Office 

6, Import Administration, International 

Trade Administration, U.S. Department 

of Commerce, 14th Street and 

Constitution Avenue, NW., Washington, 

DC 20230; telephone: (202) 482–3148, 

(202) 482–1396, and (202) 482–1395, 

respectively. 

Background: On August 7, 2007, the 

Department initiated the countervailing 

duty and antidumping duty 

investigations on OTR Tires from PRC. 

See Certain New Pneumatic Off-theRoad Tires From the People’s Republic 

of China: Initiation of Countervailing 

Duty Investigation, 72 FR 44122 (August 

7, 2007), and Initiation of Antidumping 

Duty Investigation: Certain New 

Pneumatic Off-the-Road Tires From the 

People’s Republic of China, 72 FR 43591 

(August 7, 2007). The countervailing 

duty and antidumping duty 

investigations have the same scope with 

regard to the subject merchandise 

covered. On December 17, 2007, the 

Department published the preliminary 

affirmative countervailing duty 

determination pertaining to OTR Tires 

from the PRC. See Certain New 

Pneumatic Off-the-Road Tires from the 

People’s Republic of China: Preliminary 

Affirmative Countervailing Duty 

Determination, 72 FR 71360 (December 

17, 2007). On December 11, 2007, the 

petitioners, Titan Tire Corporation and 

United Steel, Paper and Forestry, 

Rubber, Manufacturing, Energy Allied 

Industrial and Service Workers 

International Union, AFL–CIO–CLC, 

submitted a letter, pursuant to 19 CFR 

351.210(b)(4), requesting alignment of 

the final countervailing duty 

determination with the final 

determination in the companion 

antidumping duty investigation of OTR 

Tires from the PRC. 

Therefore, in accordance with section 

705(a)(1) of the Tariff Act of 1930, as 

amended (the Act), and 19 CFR 

351.210(b)(4), we are aligning the final 

countervailing duty determination on 

OTR Tires from the PRC with the final 

determinations in the companion 

antidumping duty investigation of OTR 

Tires from the PRC. The final 

countervailing duty determination will 

be issued on the same date as the final 

antidumping duty determination 

currently scheduled for April 21, 2008, 

the first business day following the 

April 20, 2008 deadline for the final 

antidumping duty determination. 

This notice is issued and published 

pursuant to section 705(a)(1) of the Act. 

Dated: January 10, 2008. 

David M. Spooner, 

Assistant Secretary for Import 

Administration. 

[FR Doc. E8–790 Filed 1–16–08; 8:45 am] 

BILLING CODE 3510–DS–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 08–C0002] 

Stamina Products, Inc., a Corporation, 

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 Stamina 

Products, Inc., a corporation, containing 

a civil penalty of $105,000. 

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 February 

1, 2008. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 08–0002, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814–

4408. 

FOR FURTHER INFORMATION CONTACT: 

Dennis C. Kacoyanis; Trial Attorney, 

Office of Compliance and Field 

Operations, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7587. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: January 14, 2008. 

Todd A. Stevenson, 

Secretary. 

In the Matter of Stamina Products, Inc., a 

corporation. 

CPSC Docket No. 08–C0002 

I. Settlement Agreement and Order 

1. This Settlement Agreement is made 

by and between the staff (‘‘the staff’’) of 

the U.S. Consumer Product Safety 

Commission (‘‘the Commission’’) and 

Stamina Products, Inc. (‘‘Stamina’’), a 

corporation, in accordance with the 

Commission’s Procedures for 

Investigations, Inspections, and 

Inquiries under the Consumer Product 

Safety Act (‘‘CPSA’’), 16 CFR 1118.20. 

This Settlement Agreement and the 

incorporated attached Order settle the 

staff’s allegations set forth below. 

II. The Parties 

2. The Commission is an independent 

federal regulatory agency responsible for 

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

2051–2084. 

3. Stamina is a corporation organized 

and existing under the laws of the State 

of Missouri, with its principal corporate 

office located in Springfield, MO. At all 

times relevant, Stamina imported and/or 

distributed exercise equipment and 

sporting and recreational products. 

II. Allegations of the Staff 

4. Between August 2000 and March 

2006, Stamina imported for sale 

nationwide approximately 668,000 InMotion Trampolines (‘‘trampolines’’), 

Model Numbers 35–1625, 35–1625A–

LC, 35–1625AW, and 36–1625AW–LC. 

5. The trampolines are ‘‘consumer 

products’’ and, at the times relevant 

herein, Stamina was a ‘‘manufacturer’’

of those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in sections 3(a)(1), (4), 

(11), and (12) of the CPSA, 15 U.S.C. 

2052(a)(1), (4), (11), and (12). 

6. The trampolines are defective 

because the trampoline’s folding/ 

unfolding instructions did not 

adequately warn consumers of the 

hazards resulting from use of the 

product. 

7. On or about April 11, 2002, 

Stamina received a report from a 

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Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices 3239 

consumer who alleged that while 

folding/unfolding the trampoline, it 

popped up and hit her in the mouth 

knocking a veneer off her tooth. 

8. On or about January 2, 2004, 

Stamina received another report from a 

consumer who alleged chin lacerations 

requiring nine sutures when the 

trampoline sprang back during the 

folding/unfolding process. 

9. From September 2004 through June 

2005, Stamina received seven additional 

complaints from consumers who alleged 

that the trampoline sprang back during 

the folding/unfolding process. In six of 

these complaints, consumers alleged 

serious injuries consisting of facial 

lacerations requiring sutures, bruises, 

headaches, neck pain, broken facial 

bones, loss of mouth sensation, and 

blurred vision. 

10. All but one of the injuries 

described in paragraphs 7–9, above 

constitute ‘serious’ injuries as that term 

is defined in 16 CFR 1115.6(c). 

11. Although Stamina obtained 

sufficient information to reasonably 

support the conclusion that the 

trampolines contained a defect which 

could create a substantial product 

hazard or created an unreasonable risk 

of serious injury or death, Stamina 

failed to immediately inform the 

Commission of such defect or risk as 

required by sections 15(b)(2) and (3) of 

the CPSA, 15 U.S.C. 2064(b)(2) and (3). 

12. By failing to furnish information 

in a timely manner as required by 

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

2064(b), Stamina knowingly violated 

section 19(a)(4) of the CPSA, 15 U.S.C. 

2068(a)(4), as the term ‘‘knowingly’’ is 

defined in section 20(d) of the CPSA, 15 

U.S.C. 2069(d). 

13. Pursuant to section 20 of the 

CPSA, 15 U.S.C. 2069, Stamina is 

subject to civil penalties for its failure 

to make a timely report under section 

15(b) of the CPSA, 15 U.S.C. 2064(b). 

III. Stamina’s Response 

14. Stamina denies the staff’s 

allegations set forth in paragraphs 4 

through 13 above. 

15. Stamina denies that the 

trampoline product contained a defect 

which could create a substantial 

product hazard, or created an 

unreasonable risk of serious injury or 

death, and denies that it violated the 

reporting requirements of section 15(b) 

of the CPSA, 15 U.S.C. 2064(b). 

16. Stamina reported to the 

Commission on July 11, 2005. 

17. The trampoline’s folding/ 

unfolding instructions adequately 

warned consumers of the hazards that 

could result from misuse or 

misassembly of the product. 

18. The trampoline product contained 

assembly and disassembly instructions 

that Stamina contends, if followed, 

would have prevented the alleged 

incidents identified in paragraphs 7 

through 9. 

19. Stamina contends the incidents 

identified in paragraphs 7 through 9 

were the result of consumer misuse or 

misassembly. 

20. Stamina denies the alleged 

injuries were ‘serious’ injuries as that 

term is defined in 16 CFR 1115.6(c). 

IV. Agreement of the Parties 

21. The Commission has jurisdiction 

over this matter and over Stamina under 

the Consumer Product Safety Act, 15 

U.S.C. 2051–2084. 

22. In settlement of the staff’s 

allegations, Stamina agrees to pay a civil 

penalty in the amount of $105,000.00 as 

set forth in the attached incorporated 

Order. 

23. The parties enter this Settlement 

Agreement for settlement purposes only. 

Neither the Settlement Agreement nor 

the Order constitute an admission by 

Stamina or a determination by the 

Commission that Stamina violated the 

CPSA’s reporting requirements or that 

the trampoline contained a defect. 

24. 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). If the Commission does not 

receive any written request not to accept 

the Settlement Agreement and Order 

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 in 

accordance with 16 CFR 1118.20(f). 

25. This Settlement Agreement and 

Order resolves the alleged violations of 

the CPSA set forth in paragraphs 4 

through 12, above. 

26. Upon final acceptance of this 

Settlement Agreement by the 

Commission and issuance of the Final 

Order, Stamina 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 Stamina 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. 

27. The Commission may publicize 

the terms of the Settlement Agreement 

and Order. 

28. This Settlement Agreement and 

Order shall apply to, and be binding 

upon Stamina and each of its successors 

and assigns. 

29. 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 those 

referenced in paragraph 24 to 

appropriate legal action. 

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 

contradict its terms. 

31. This Settlement Agreement and 

Order shall not be waived, changed, 

amended, modified, or otherwise altered 

without written agreement thereto 

executed by the party against whom 

such amendment, modification, 

alteration or waiver is sought to be 

enforced, and approval by the 

Commission. 

32. 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 the 

Settlement Agreement and Order shall 

remain in full effect, unless the 

Commission and Stamina jointly 

determine that severing the provision 

materially changes the purpose of the 

Settlement Agreement Order 

Stamina Products, Inc. 

Dated: November 29, 2007 

Kevin Gerschefske, 

Vice-President & Secretary, 

Stamina Products, Inc., 

2040 N. Alliance, 

Springfield, MO 65803. 

Dated: November 30, 2007 

Randall E. Hindricks, Esquire, 

Brandon J.B. Boulware, Esquire, 

Rouse, Hendricks, German May, P.C., 

Attorneys for Stamina Products, Inc., 

1010 Walnut, Suite 400, 

Kansas City, MO 64106. 

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: November 30, 2007 

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3240 Federal Register / Vol. 73, No. 12 / Thursday, January 17, 2008 / Notices 

Dennis C. Kacoyanis, 

Trial Attorney, 

Office of Compliance and Field Operations. 

In the Matter of Stamina Products, Inc., a 

corporation 

[CPSC DOCKET NO. 08–C0002] 

Order 

Upon consideration of the Settlement 

Agreement entered into between 

Stamina Products, Inc. (‘‘Stamina’’) and 

the staff of the Consumer Product Safety 

Commission (‘‘the Commission’’); and 

the Commission having jurisdiction 

over the subject matter and Stamina; 

and it appearing that 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 Stamina shall 

pay a civil penalty of one hundred fivethousand dollars ($105,000.00) to the 

order of the United States Treasury 

within twenty (20) calendar days of 

service of the Final Order of the 

Commission upon Stamina. Upon the 

failure of Stamina to make full payment 

in the prescribed time, interest on the 

outstanding balance shall accrue and be 

paid of 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 11th day of January, 

2008. 

By order of the Commission. 

Todd A. Stevenson, Secretary, 

Consumer Product Safety Commission. 

[FR Doc. 08–153 Filed 1–16–08; 8:45 am] 

BILLING CODE 6355–01–M 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

Proposed Information Collection; 

Comment Request 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Notice. 

SUMMARY: The Corporation for National 

and Community Service (hereinafter the 

‘‘Corporation’’), as part of its continuing 

effort to reduce paperwork and 

respondent burden, conducts a preclearance consultation program to 

provide the general public and Federal 

agencies with an opportunity to 

comment on proposed collection of 

information in accordance with the 

Paperwork Reduction Act of 1995 

(PRA95) (44 U.S.C. 3506(c)(2)(A)). This 

program helps to ensure that requested 

data can be provided in the desired 

format, reporting burden (time and 

financial resources) is minimized, 

collection instruments are clearly 

understood, and the impact of collection 

requirement on respondents can be 

properly assessed. 

Currently, the Corporation is 

soliciting comments concerning the 

proposed data collection for the VISTA 

Evaluation Study. This study will 

evaluate the contributions of the VISTA 

program in strengthening local 

organizations to help them develop antipoverty programs. The study will 

develop a predictive model based on 

information obtained from completed 

VISTA projects to test likely outcomes 

for projects in their third year of 

funding. 

Copies of the information collection 

requests can be obtained by contacting 

the office listed in the address section 

of this notice. 

DATES: Written comments must be 

submitted to the individual and office 

listed in the ADDRESSES section by 

March 17, 2008. 

ADDRESSES: You may submit comments, 

identified by the title of the information 

collection activity, by any of the 

following methods: 

(1) By mail sent to: Corporation for 

National and Community Service, Attn. 

Carol Rogers, Director, Program 

Evaluation & Planning, Room 9201, 

1201 New York Avenue, NW., 

Washington, DC 20525. 

(2) By hand delivery or by courier to 

the Corporation’s mailroom at Room 

8100 at the mail address given in 

paragraph (1) above, between 9 a.m. and 

4 p.m. Monday through Friday except 

Federal holidays. 

(3) By fax to: (202) 565–2789, 

Attention Ms. Carol Rogers, Director, 

Program Evaluation & Planning. 

(4) Electronically through the 

Corporation’s e-mail address system: 

crogers@cns.gov. 

FOR FURTHER INFORMATION CONTACT: 

Carol Rogers (202) 606–5000, ext. 419, 

or by e-mail at crogers@cns.gov. 

SUPPLEMENTARY INFORMATION: The 

Corporation is particularly interested in 

comments which: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Corporation, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility and 

clarity of the information to be 

collected; and, 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology 

(e.g., permitting electronic submissions 

of responses). 

Background 

AmeriCorps*VISTA is a national 

program administered by the 

Corporation that provides grants to 

nonprofit organizations and government 

entities to support members and 

volunteers serving in national and local 

community service programs. The 

proposed evaluation study will gather 

information from applications and 

subsequent project reports of sponsoring 

organizations about their VISTA 

projects to develop an understanding of 

their success in reaching their goals; 

interview the most knowledgeable 

person in 250 VISTA projects that have 

been closed for at least two years; gather 

information from Corporation State 

Offices; and conduct 40 site visits to 

VISTA projects. 

Current Action 

The Corporation seeks to enhance 

data elements collected via these 

information collection tools. 

Type of Review: New. 

Agency: Corporation for National and 

Community Service. 

Title: VISTA Evaluation Study. 

OMB Number: 

Agency Number: None. 

Affected Public: AmeriCorps*VISTA 

sponsoring organization staff. 

Total Respondents: 455. 

Frequency: One time. 

Average Time per Response: 1 hour. 

Estimated Total Burden Hours: 455 

hours. 

Total Burden Cost (capital/startup): 

None. 

Total Burden Cost (operating/ 

maintenance): None. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the request for Office of 

Management and Budget approval of the 

information collection request; they will 

also become a matter of public record. 

Dated: January 11, 2008. 

Jean Whaley, 

Director, AmeriCorps*VISTA. 

[FR Doc. E8–762 Filed 1–16–08; 8:45 am] 

BILLING CODE 6050–$$–P 

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