46874 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 

Department of Commerce CZMA 

appeals Web site: http:// 

www.ogc.doc.gov/czma.htm. 

(Federal Domestic Assistance Catalog No. 

11.419 Coastal Zone Management Program 

Assistance.) 

Dated: August 7, 2008. 

Joel La Bissonniere, 

Assistant General Counsel for Ocean Services. 

[FR Doc. E8–18658 Filed 8–11–08; 8:45 am] 

BILLING CODE 3510–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XG81 

Marine Mammals; File No. 1121–1900 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit 

amendment. 

SUMMARY: Notice is hereby given that 

NOAA Fisheries Office of Science and 

Technology (Principal Investigator: Dr. 

Brandon Southall), Silver Spring, MD, 

has been issued an amendment to 

Permit No. 1121–1900 to conduct 

research on marine mammals. 

ADDRESSES: The permit amendment and 

related documents are available for 

review upon written request or by 

appointment in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)427–2521; 

http://www.nmfs.noaa.gov/pr/permits/ 

review.htm; and 

Southeast Region, NMFS, 263 13th 

Avenue South, Saint Petersburg, Florida 

33701; phone (727)824–5312; fax 

(727)824–5309. 

FOR FURTHER INFORMATION CONTACT: 

Tammy Adams or Jolie Harrison, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On April 

2, 2008, notice was published in the 

Federal Register (73 FR 17957) that a 

request for an amendment to Scientific 

Research Permit No. 1121–1900 to take 

beaked whales (Ziphius cavirostris and 

Mesoplodon spp.) and other odontocete 

species had been submitted by the 

above-named institution (permit 

holder). The requested permit 

amendment has been issued under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended (16 

U.S.C. 1361 et seq.), the regulations 

governing the taking and importing of 

marine mammals (50 CFR part 216), the 

Endangered Species Act of 1973, as 

amended (ESA; 16 U.S.C. 1531 et seq.), 

and the regulations governing the 

taking, importing, and exporting of 

endangered and threatened species (50 

CFR parts 222–226). 

The permit amendment extended the 

duration of the permit to allow conduct 

of three additional annual field seasons, 

and modified the protocols for playback 

experiments as requested by the permit 

holder. The amended permit authorizes 

research involving temporary 

attachment of scientific instruments 

(digital archival recording tags), photoidentification, and exposure to 

controlled levels of natural and 

anthropogenic underwater sounds, 

including signals simulating midfrequency sonar. Sloughed skin samples 

collected from the detached instrument 

would be imported into the U.S. for 

analysis. The permit is valid through 

January 1, 2011. 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), a supplemental 

environmental assessment was prepared 

analyzing the effects of the permitted 

activities. After a Finding of No 

Significant Impact, the determination 

was made that it was not necessary to 

prepare an environmental impact 

statement. 

Issuance of this permit, as required by 

the ESA, was based on a finding that 

such permit: (1) was applied for in good 

faith; (2) will not operate to the 

disadvantage of such endangered 

species; and (3) is consistent with the 

purposes and policies set forth in 

section 2 of the ESA. 

Dated: August 6, 2008. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E8–18617 Filed 8–11–08; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

(CPSC Docket No. 08-COO 16) 

A & R Knitwear, Inc., 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 A & R 

Knitwear, Inc., containing a civil 

penalty of $35,000.00. 

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-C0016, 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 East 

West Highway, Bethesda, Maryland 

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

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

August 5, 2008. 

Todd A. Stevenson, 

Secretary. 

United States of America 

Consumer Product Safety Commission 

In the Matter of A & R Knitwear, Inc., CPSC 

Docket No. 08–C0016 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, A 

& R Knitwear, Inc. (‘‘A & R’’) 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 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. A & R is a corporation organized and 

existing under the laws of New York, with its 

principal offices located in New York, NY. At 

all times relevant hereto, A & R imported and 

sold apparel. 

Staff Allegations 

4. In 2007, A & R imported and sold to a 

nationwide retailer at least 5,214 Personal 

Identity V-neck sweaters with hood and neck 

drawstrings (‘‘Drawstring Sweaters’’). 

5. The nationwide retailer sold the 

Drawstring Sweaters to consumers. 

6. The Drawstring Sweaters are ‘‘consumer 

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

A & R was a ‘‘manufacturer’’ of those 


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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 46875 

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 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. The Commission was not informed of 

any incidents or injuries from the Drawstring 

Sweaters. 

11. A & R’s distribution in commerce of the 

Drawstring Sweaters 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 December 6, 2007, the Commission 

and the nationwide retailer announced a 

recall of the Drawstring Sweaters, informing 

consumers that they should immediately 

remove the drawstrings to eliminate the 

hazard. 

13. A & R had presumed and actual 

knowledge that the Drawstring Sweaters 

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)(l). A 

& R had obtained information that reasonably 

supported the conclusion that the Drawstring 

Sweaters 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 A & R to 

immediately inform the Commission of the 

defect and risk. 

14. A & R knowingly failed to immediately 

inform the Commission about the Drawstring 

Sweaters 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 19(a)(4), 15 

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

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

& R to civil penalties. 

A & R Response 

15. A & R denies the Staff’s allegations 

above, including, but not limited to, the 

allegations that A & R failed to immediately 

inform the Commission about the Drawstring 

Sweaters as required by CPSA sections 

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

or otherwise violated the CPSA or FHSA. 

16. A & R specifically denies that A & R 

violated the CPSA or the FHSA and that the 

Drawstring Sweaters contained a defect that 

could create a substantial product hazard or 

created an unreasonable risk of serious injury 

or death. A & R denies that it violated the 

reporting requirements of CPSA section 

15(b), 15 U.S.C. 2064(b). 

17. A & R received no reports of incidents 

or injury related to the Drawstring Sweaters, 

and A & R was unaware of both the 

Guidelines and the May 2006 letter posted on 

the Commission’s Web site stating that the 

staff of the Commission’s Office of 

Compliance considers children’s upper 

outerwear with drawstrings at the head or 

neck area to be defective and to present a 

substantial risk of injury to young children. 

Accordingly, A & R denies that any alleged 

violation of the CPSA or FHSA occurred 

‘‘knowingly’’ as defined in CPSA section 

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

18. Between November 2006 and June 

2008, the CPSC posted on its Web site at least 

twenty-two recall announcements involving 

children’s drawstring garments. These 

twenty-two recall announcements referenced 

and linked electronically to the Guidelines. 

The Guidelines, which are entitled in part 

‘‘Recommended Guidelines,’’ state that the 

‘‘CPSC’s drawstring guidelines do not 

represent a standard or mandatory 

requirement set by the agency.’’ Accordingly, 

at the time A & R imported and sold the 

Drawstring Sweaters, the Commission had 

not provided adequate notice that civil 

penalties could arise from A & R’s conduct. 

19. As soon as A & R was alerted by the 

retailer about safety concerns with the 

drawstrings in the Drawstring Sweaters, it 

undertook efforts to have the drawstrings 

removed from the garments. In addition, A & 

R fully cooperated with the retailer and the 

Commission in connection with the 

December 2007 recall of the Drawstring 

Sweaters, which resulted in A & R’s removal 

of the drawstrings from 2,332 Drawstring 

Sweaters in the possession of A & R. 

20. A & R has entered into the Agreement 

for settlement purposes only, and has made 

a business decision to avoid additional 

expenses and distractions related to further 

administrative procedures and litigation. The 

Agreement and Order do not constitute and 

are not evidence of any fault or wrongdoing 

on the part of A & R. 

Agreement of the Parties 

21. Under the CPSA, the Commission has 

jurisdiction over this matter and over A & R. 

22. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by A & R, 

or a determination by the Commission, that 

A & R has knowingly violated the CPSA. 

23. In settlement of the Staff’s allegations, 

A & R 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 by 

check payable to the order of the United 

States Treasury. 

24. 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. 

25. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, A & R 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 A & R 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. 

26. The Commission may publicize the 

terms of the Agreement and the Order. 

27. The Agreement and the Order shall 

apply to, and be binding upon, A & R and 

each of its successors and assigns. 

28. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject A & R to 

appropriate legal action. 

29. 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. 

30. 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 A & R 

agree that severing the provision materially 

affects the purpose of the Agreement and the 

Order. 

31. 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 


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46876 Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Notices 

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

amount of the settlement involves no more 

than $100,000. 

A & R Knitwear, Inc. 

Dated: 7/21/08. 

By: /s/ David Rosenbluth, 

David Rosenbluth, 

President, A & R Knitwear, Inc., 530 7th 

Avenue, Suite 901, New York, NY 10018. 

Dated: 7/25/08. 

By: /s/ Michael T. Cone, 

Michael T. Cone, Esquire, 

Neville Peterson, LLP 17 State Street, 19th 

Floor, New York, NY 10004, Attorney for A 

& R Knitwear, 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: /s/ Dennis C. Kacoyams, 

Dennis C. Kacoyams, 

Trial Attorney, Legal Division, Office of 

Compliance and Field Operations. 

United States of America 

Consumer Product Safety Commission 

In the Matter of A & R Knitwear, Inc., CPSC 

Docket No. 08–C16 

Order 

Upon consideration of the Settlement 

Agreement entered into between A & R 

Knitwear, Inc. (‘‘A & R’’) and the U.S. 

Consumer Product Safety Commission 

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

having jurisdiction over the subject matter 

and over A & R, 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 A & R 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 A & R to make the foregoing 

payment when due, interest on the unpaid 

amount shall accrue and be paid by A & R 

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. E8–18403 Filed 8–11–08; 8:45 am] 

BILLING CODE 6355–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 08–C0013] 

AJ Blue LLC, 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 AJ Blue 

LLC, containing a civil penalty of 

$40,000.00. 

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 

Comment 08–C0013, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814–

4408. 

FOR FURTHER INFORMATION CONTACT: Seth 

B. Popkin, Trial Attorney, Legal 

Division, Office of Compliance and 

Field Operations, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814–

4408; telephone (301) 504–7612. 

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 AJ Blue LLC, CPSC Docket 

No. 08–C0013. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, AJ 

Blue LLC, d/b/a Apollo Jeans (‘‘AJB’’) 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 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. AJB is a corporation organized and 

existing under the laws of New York, with its 

principal offices located in New York, New 

York. At all times relevant hereto, AJB sold 

apparel. 

Staff Allegations 

4. On July 11, 2007, AJB imported 13,728 

Apollo Active Wear girls’ hooded jackets 

with drawstrings at the hood (‘‘Jackets’’). On 

August 17, 2007, AJB sold and/or distributed 

in commerce the Jackets. 

5. A nationwide retailer sold the Jackets to 

consumers. 

6. The Jackets are ‘‘consumer product[s],’’

and, at all times relevant hereto, AJB 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 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. AJB informed the Commission that 

there had been no incidents or injuries from 

the Jackets. 

11. AJB’s distribution in commerce of the 

Jackets 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 January 31, 2008, the Commission 

and AJB announced a recall of the Jackets. 

13. AJB had presumed and actual 

knowledge that the Jackets 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). AJB had obtained 

information that reasonably supported the 

conclusion that the Jackets contained a defect 

that could create a substantial product hazard 

or that they created an unreasonable risk of 

serious injury or death. CPSA sections 


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