46886 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 

days of service of the Commission’s final 

Order accepting the Agreement. The payment 

shall be by check payable to the order of the 

United States Treasury. ’

19. 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. 

20. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Siegfried knowingly, 

voluntarily, and completely waives any 

rights it may have regarding the Staff’s 

allegations 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 Siegfried 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. 

21. The Commission may publicize the 

terms of the Agreement and the Order. 

22. The Agreement and the Order shall 

apply to, and be binding upon, Siegfried and 

each of its successors and assigns. 

23. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Siegfried 

to appropriate legal action. 

24. 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. 

25. 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 Siegfried 

agree that severing the provision materially 

affects the purpose of the Agreement and the 

Order. 

26. Pursuant to section 6(d) of the Interim 

Delegation of Authority ordered by the 

Commission on February 1, 2008, the 

Commission delegated to the Assistant 

Executive Director for Compliance and Field 

Operations the authority to act, with the 

concurrence of the General Counsel, for the 

Commission under 16 CFR § 1118.20 with 

respect to Staff allegations that any person or 

firm violated 15 U.S.C. § 2068, where the 

total amount of the settlement involves no 

more than $100,000. 

Siegfried & Parzifal, Inc. 

Dated: 7/10/2008. 

By: Joseph Hwa, 

President, Siegfried & Parzifal, Inc., 18701 

Arenth Avenue, City of Industry, CA 91748. 

Dated: 7/10/2008. 

By: Mark Fang, Esquire, 

215 E. Daily Drive, Suite 9, Camarillo, CA 

93010, Attorney for Siegfried & Parzifal, 

Inc. 

U.S. Consumer Product Safety Commission 

Staff . 

J. Gibson Mullan, 

Assistant Executive Director, Office of 

Compliance and Field Operations. 

Ronald G. Yelenik, 

Acting Director, Legal Division, Office of 

Compliance and Field Operations. 

Dated: 7/31/08. 

By: Dennis C Kacoyaniss, 

Trial Attorney, Legal Division, Office of 

Compliance and Field Operations. 

United States of America 

Consumer Product Safety Commission 

In the Matter of Siegfried & Parzifal, Inc., 

CPSC Docket No. 08–C0017 

Order 

Upon consideration of the Settlement 

Agreement entered into between Siegfried & 

Parzifal, Inc. (‘‘Siegfried’’) and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the Commission 

having jurisdiction over the subject matter 

and over Siegfried, and pursuant to the 

authority delegated in section 6(d) of the 

Interim Delegation of Authority ordered by 

the Commission on February 1, 2008, 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 Siegfried shall pay a civil 

penalty in the amount of thirty five thousand 

dollars ($35,000.00) 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 Siegfried to make the foregoing 

payment when due, interest on the unpaid 

amount shall accrue and be paid by Siegfried 

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 4th day of August, 2008. 

By Order of the Commission 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E8–18399 Filed 8–11–08; 8:45 am] 

BILLING CODE 6355–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 08–C0020] 

Vacation Clothing Exchange, Inc., d/b/ 

a Basix USA, 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 Vacation 

Clothing Exchange, Inc., d/b/a Basix 

USA, containing a civil penalty of 

$25,000.00. 

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 August 27, 

2008. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 08–C0020, 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, 

Legal Division, Office of Compliance 

and Field Operations, Consumer 

Product Safety Commission, 4330 EastWest Highway, Bethesda, Maryland 

20814–4408; telephone (301) 504–7587. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: August 5, 2008. 

Todd A. Stevenson, 

Secretary. 

United States of America 

Consumer Product Safety Commission 

In the Matter of 

Vacation Clothing Exchange, Inc. d/b/a 

Basix USA. 

CPSC Docket No. 08–C0020. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Vacation Clothing Exchange, Inc., d/b/a Basix 

USA (‘‘Vacation Clothing’’) 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 Staffs allegations set forth below. 


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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 46887 

Parties 

2. The Commission is an independent 

federal regulatory agency established 

pursuant to, and responsible for the 

enforcement of, the Consumer Product Safety 

Act, 15 U.S.C. 2051–2084 (‘‘CPSA’’). 

3. Vacation Clothing is a corporation 

organized and existing under the laws of 

Florida, with its principal offices located in 

Lauderdale Lakes, FL. At all times relevant 

hereto, Vacation Clothing imported and sold 

apparel. 

Staff Allegations 

4. Between May 2003 and December 2006, 

Vacation Clothing imported and/or sold to 

retailers at least 22,420 children’s sweatshirts 

and windbreakers with drawstrings in the 

hoods (‘‘Drawstring Sweatshirts and 

Windbreakers’’). 

5. Retailers sold the Drawstring Sweatshirts 

and Windbreakers to consumers. 

6. The Drawstring Sweatshirts and 

Windbreakers are ‘‘consumer product[s],’’

and, at all times relevant hereto, Vacation 

Clothing was a ‘‘manufacturer’’ of those 

consumer products, which were ‘‘distributed 

in commerce,’’ as those terms are defined in 

CPSA sections 3(a)(1), (4), (11), and (12), 15 

U.S.C. 2052(a)(1), (4), (11), and (12). 

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 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. The Commission was not informed of 

any incidents or injuries from the Drawstring 

Sweatshirts and Windbreakers. 

11. Vacation Clothing’s distribution in 

commerce of the Drawstring Sweatshirts and 

Windbreakers 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. 

12. On February 13, 2007, the Commission 

and Vacation Clothing announced a recall of 

the Drawstring Sweatshirts and 

Windbreakers, informing consumers that 

they should immediately remove the 

drawstrings to eliminate the hazard. 

13. Vacation Clothing had presumed and 

actual knowledge that the Drawstring 

Sweatshirts and Windbreakers distributed in 

commerce posed a strangulation hazard and 

presented a substantial risk of injury to 

children under FHSA section 15(c)(l), 15 

U.S.C. 1274(c)(1). Vacation Clothing had 

obtained information that reasonably 

supported the conclusion that the Drawstring 

Sweatshirts and Windbreakers 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)(2) and (3), 15 U.S.C. 2064(b)(2) and (3), 

required Vacation Clothing to immediately 

inform the Commission of the defect and 

risk. 

14. Vacation Clothing knowingly failed to 

immediately inform the Commission about 

the Drawstring Sweatshirts and 

Windbreakers as required by CPSA sections 

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

and as the term ‘‘knowingly’’ is defined in 

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

failure violated CPSA section l9(a)(4), 15 

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

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

Vacation Clothing to civil penalties. 

Vacation Clothing Response 

15. Vacation Clothing denies the Staff’s 

allegations above that Vacation Clothing 

knowingly violated the CPSA. 

Agreement of the Parties 

16. Under the CPSA, the Commission has 

jurisdiction over this matter and over 

Vacation Clothing. 

17. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Vacation 

Clothing, or a determination by the 

Commission, that Vacation Clothing has 

knowingly violated the CPSA. 

18. In settlement of the Staff’s allegations, 

Vacation Clothing shall pay a civil penalty in 

the amount of twenty-five thousand dollars 

($25,000.00) in five (5) installments as 

follows: The first installment of fivethousand dollars ($5,000.00) shall be paid 

within twenty (20) calendar days of service 

of the Commission’s final Order accepting 

the Agreement; the second payment of fivethousand dollars ($5,000.00) shall be paid 

within six (6) months of service of the 

Commission’s final Order accepting the 

Agreement; the third payment of fivethousand dollars ($5,000.00) shall be paid 

within twelve (12) months of service of the 

Commission’s final Order accepting the 

Agreement; the fourth payment of fivethousand dollars ($5,000.00) shall be paid 

within eighteen (18) months of service of the 

Commission’s final Order accepting the 

Agreement; and the fifth payment of fivethousand dollars ($5,000.00) shall be paid 

within twenty-four (24) months of service of 

the Commission’s final Order accepting the 

Agreement. Each payment shall be by check 

payable to the order of the United States 

Treasury. 

19. 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. 

20. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Vacation Clothing 

knowingly, voluntarily, and completely 

waives any rights it may have regarding the 

Staffs allegations 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 Vacation Clothing 

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. 

21. The Commission may publicize the 

terms of the Agreement and the Order. 

22. The Agreement and the Order shall 

apply to, and be binding upon, Vacation 

Clothing and each of its successors and 

assigns. 

23. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Vacation 

Clothing to appropriate legal action. 

24. 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. 

25. 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 Vacation 

Clothing agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

26. Pursuant to section 6(d) of the Interim 

Delegation of Authority ordered by the 

Commission on February 1, 2008, the 

Commission delegated to the Assistant 

Executive Director for Compliance and Field 

Operations the authority to act, with the 

concurrence of the General Counsel, for the 

Commission under 16 CFR 1118.20 with 

respect to Staff allegations that any person or 

firm violated 15 U.S.C. 2068, where the total 

amount of the settlement involves no more 

than $100,000. 

Vacation Clothing Exchange, Inc. d/b/a Basix 

USA 

Dated: 7/21/08 By: 

Benjamin Perelmutter, 


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46888 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 

Vice President, Vacation Clothing Exchange, 

Inc., d/b/a Basix USA. 

2778 NW 31st Avenue. 

Lauderdale Lakes, FL 33311. 

Dated: 7/21/08 By: 

Brian Kopelowitz, Esquire, 

The Kopelowitz Ostrow Law Firm, P.A. 

200 SW 1st Avenue, 12th Floor 

Fort Lauderdale, FL 33301 

Attorney for Vacation Clothing Exchange, 

Inc., d/b/a Basix USA. 

U.S. Consumer Product Safety Commission 

Staff 

J. Gibson Mullan, 

Assistant Executive Director, 

Office of Compliance and Field Operations. 

Ronald G. Yelenik, 

Acting Director, 

Legal Division, 

Office of Compliance and Field Operations. 

Dated: 7/31/08 By: 

Dennis C. Kacoyanis, 

Trial Attorney, 

Legal Division, 

Office of Compliance and Field Operations. 

United States of America 

Consumer Product Safety Commission 

In the Matter of Vacation Clothing Exchange, 

Inc. d/b/a Basix USA. CPSC Docket No. 

08–C0020 

Order 

Upon consideration of the Settlement 

Agreement entered into between Vacation 

Clothing Exchange, Inc., d/b/a Basix USA 

(‘‘Vacation Clothing’’) and the U.S. Consumer 

Product Safety Commission (‘‘Commission’’) 

staff, and the Commission having jurisdiction 

over the subject matter and over Vacation 

Clothing, and pursuant to the authority 

delegated in section 6(d) of the Interim 

Delegation of Authority ordered by the 

Commission on February 1, 2008, 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 Vacation Clothing 

shall pay a civil penalty in the amount of 

twenty-five thousand dollars ($25,000.00) in 

five (5) installments as follows: The first 

payment of five-thousand dollars ($5,000.00) 

shall be paid within twenty (20) calendar 

days of service of the Commission’s final 

Order accepting the Agreement; the second 

payment of five-thousand dollars ($5,000.00) 

shall be paid within six (6) months of service 

of the Commission’s final Order accepting 

the Agreement; the third payment of fivethousand dollars ($5,000.00) shall be paid 

within twelve (12) months of service of the 

Commission’s final Order accepting the 

Agreement; the fourth payment of fivethousand dollars ($5,000.00) shall be paid 

within eighteen (18) months of service of the 

Commission’s final Order accepting the 

Agreement; and the fifth payment of fivethousand dollars ($5,000.00) shall be paid 

within twenty-four (24) months of service of 

the Commission’s final Order accepting the 

Agreement. Each payment shall be made by 

check payable to the order of the United 

States Treasury. Upon the failure Vacation 

Clothing to make the foregoing payments 

when due, interest on the unpaid amount 

shall accrue and be paid by Vacation 

Clothing at the federal legal rate of interest 

set forth at U.S.C. 1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 4th day of August 2008. 

By order of the commission: 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E8–18400 Filed 8–11–08; 8:45 am] 

BILLING CODE 6355–01–M 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Docket ID: DoD–2008–OS–0084] 

Privacy Act of 1974; Systems of 

Records 

AGENCY: Defense Logistics Agency, DoD. 

ACTION: Notice to Amend a System of 

Records. 

SUMMARY: The Defense Logistics Agency 

is amending a system of records notice 

to its existing inventory of record 

systems subject to the Privacy Act of 

1974 (5 U.S.C. 552a), as amended. 

DATES: This action will be effective 

without further notice on September 11, 

2008 unless comments are received that 

would result in a contrary 

determination. 

ADDRESSES: Send comments to the 

Privacy Act Officer, Headquarters, 

Defense Logistics Agency, ATTN: DP, 

8725 John J. Kingman Road, Stop 2533, 

Fort Belvoir, VA 22060–6221. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jody Sinkler at (703) 767–5045. 

SUPPLEMENTARY INFORMATION: The 

Defense Logistics Agency notices for 

systems of records subject to the Privacy 

Act of 1974 (5 U.S.C. 552a), as amended, 

have been published in the Federal 

Register and are available from the 

address above. 

The specific changes to the record 

system being amended are set forth 

below followed by the notice, as 

amended, published in its entirety. The 

proposed amendment is not within the 

purview of subsection (r) of the Privacy 

Act of 1974, (5 U.S.C. 552a), as 

amended, which requires the 

submission of a new or altered system 

report. 

Dated: August 5, 2008. 

Patricia Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

S700.30 

SYSTEM NAME: 

Operational Accounting Records for 

Civilian Employee-Based Expenditures 

(June 13, 2005, 70 FR 34105). 

CHANGES: 

* * * * * 

SYSTEM NAME: 

Delete entry and replace with 

‘‘Enterprise Business System (EBS).’’

SYSTEM LOCATION: 

Delete entry and replace with 

‘‘Financial Compliance and Process 

Management (J–89), Headquarters, 

Defense Logistics Agency, 8725 John J. 

Kingman Road, Stop 6238, Fort Belvoir, 

VA 22060–6221. 

EBS Processing Center (EPC), DISA/ 

DECC-Ogden, Building 981, 7879 

Wardleigh Road, Hill AFB, UT 84056–

5997’’. 

CATEGORIES OF INDIVIDUALS COVERED BY THE

SYSTEM: 

Delete entry and replace with 

‘‘Defense Logistics Agency (DLA) 

civilian employees and civilian 

employees of other DOD Components 

who receive accounting and financial 

management support from DLA under 

an administrative support agreement.’’

CATEGORIES OF RECORDS IN THE SYSTEM: 

Delete entry and replace with 

‘‘Individual’s name, Social Security 

Number (SSN), activity code, home 

address, Country Code, Electronic Fund 

Transfer waiver, Financial Institution, 

Bank Routing Number, Bank Account 

Number, Account Type, gross pay data 

(date paid, disbursing officer voucher 

number, disbursing station symbol 

number, pay period ending date, pay 

system code, grade, pay/straight rate, 

work schedule, temporary position 

code, gross reconciliation code, job 

order number, hours extended, hours 

paid, and earnings/employer 

contributions amount), and 

reconciliation or error data (if 

applicable).’’

* * * * * 

PURPOSE(S): 

Delete entry and replace with 

‘‘Records are used to initiate 

reimbursements to enable the Defense 

Finance and Accounting Service (DFAS) 

to distribute payments to DLA 

employees for certain miscellaneous 

out-of-pocket expenses (training, 


sroberts on PROD1PC70 with NOTICES