55778 Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 

and (4), 15 U.S.C. 2064(b)(3) and (4), 

required Pro-Pac to immediately inform 

the Commission of the defect and risk. 

13. Pro-Pac knowingly failed to 

immediately inform the Commission 

about the Sweatshirts as required by 

CPSA sections 15(b)(3) and (4), 15 

U.S.C. 2064(b)(3) and (4), 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 Pro-Pac to civil penalties. 

Pro-Pac’s Response 

14. Pro-Pac denies the Staff’s 

allegations above that Pro-Pac 

knowingly violated the CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Pro-Pac. 

16. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Pro-Pac, or a 

determination by the Commission, that 

Pro-Pac knowingly violated the CPSA. 

17. In settlement of the Staff’s 

allegations, Pro-Pac shall pay a civil 

penalty in the amount of one hundred 

twenty-five thousand dollars 

($125,000.00). The civil penalty shall be 

paid 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. 

18. 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. 

19. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Pro-Pac 

knowingly, voluntarily, and completely 

waives any rights it may have in this 

matter 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 Pro-Pac 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. 

20. The Commission may publicize 

the terms of the Agreement and the 

Order. 

21. The Agreement and the Order 

shall apply to, and be binding upon, 

Pro-Pac and each of its successors and 

assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject ProPac and each of its successors and 

assigns to appropriate legal action. 

23. 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. 

24. 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 Pro-Pac 

agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

Pro-Pac Distributing Corp. 

Dated: August 11, 2010. By: 

lllllllllllllllllllll

Young-Geun Lee 

President and Owner, Pro-Pac Distributing 

Corp., 204 W. Rosecrans Avenue, Gardena, 

CA 90248. 

Dated: August 15, 2010. By: 

lllllllllllllllllllll

Simon Langer, 

Law Offices of David Marh & Associates, 

3325 Wilshire Blvd., Suite 1350, Los Angeles, 

CA 90010, Counsel for Pro-Pac Distributing 

Corp. 

U.S. Consumer Product Safety, 

Commission Staff. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: August 24, 2010. 

Jason E. Yearout, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

UNITED STATES OF AMERICA 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 10–C0005] 

In the Matter of: Pro-Pac Distributing 

Corp. 

Order 

Upon consideration of the Settlement 

Agreement entered into between ProPac Distributing Corp. (‘‘Pro-Pac’’) and 

the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over ProPac, 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 Pro-Pac shall 

pay a civil penalty in the amount of one 

hundred twenty-five thousand dollars 

($125,000.00) 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 Pro-Pac to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Pro-Pac 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 7th day 

of September, 2010. 

BY ORDER OF THE COMMISSION: 

lllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product 

Safety Commission 

[FR Doc. 2010–22779 Filed 9–13–10; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Strategic Environmental Research and 

Development Program, Scientific 

Advisory Board 

AGENCY: Department of Defense. 

ACTION: Notice. 

SUMMARY: This notice is published in 

accordance with Section 10(a)(2) of the 

Federal Advisory Committee Act (Pub. 

L. 92–463). The topic of the meeting on 

October 19–21, 2010, is to review new 

start research and development projects 

requesting Strategic Environmental 

Research and Development Program 

funds in excess of $1M. This meeting is 

open to the public. Any interested 

person may attend, appear before, or file 

statements with the Scientific Advisory 

Board at the time and in the manner 

permitted by the Board. 

DATES: The meeting will be held on 

Tuesday, October 19 (from 9 a.m. to 5 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 177 / Tuesday, September 14, 2010 / Notices 55779 

p.m.), Wednesday, October 20 (from 9 

a.m. to 4 p.m.) and Thursday, October 

21, 2010 (from 8:30 a.m. to 12:30 p.m.). 

ADDRESSES: The meeting will be held at 

the SERDP Office Conference Center, 

901 North Stuart Street, Suite 804, 

Arlington, VA 22203. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan Bunger, SERDP Office, 901 

North Stuart Street, Suite 303, 

Arlington, VA, or by telephone at (703) 

696–2126. 

Dated: September 8, 2010. 

Mitchell S. Bryman, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2010–22800 Filed 9–13–10; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

Notice of Submission for OMB Review 

AGENCY: Department of Education. 

ACTION: Comment request. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995 (Pub. L. 104–13). 

DATES: Interested persons are invited to 

submit comments on or before October 

14, 2010. 

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, New 

Executive Office Building, Washington, 

DC 20503, be faxed to (202) 395–5806 or 

e-mailed to oira_submission@omb.eop.

gov with a cc: to ICDocketMgr@ed.gov. 

Please note that written comments 

received in response to this notice will 

be considered public records. 

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. The OMB is 

particularly interested in comments 

which: (1) Evaluate whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (2) 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; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and (4) 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. 

Dated: September 3, 2010. 

Darrin A. King, 

Director, Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of Management. 

Institute of Education Sciences 

Type of Review: Reinstatement. 

Title of Collection: National 

Household Education Survey (NHES 

2011/2012) Field Test. 

OMB Control Number: 1850–0768. 

Frequency of Responses: Once. 

Affected Public: Individuals or 

households. 

Total Estimated Number of Annual 

Responses: 40,905. 

Total Estimated Annual Burden 

Hours: 5,535. 

Abstract: The National Household 

Education Surveys Program (NHES) 

collects data directly from households 

on early childhood care and education, 

children’s readiness for school, parent 

perceptions of school safety and 

discipline, before- and after-school 

activities of school-age children, 

participation in adult and continuing 

education, parent involvement in 

education, school choice, 

homeschooling, and civic involvement. 

NHES surveys have been conducted 

approximately every other year from 

1991 through 2007 using random digit 

dial (RDD) sampling and telephone data 

collection from landline telephones 

only. Each survey collection included 

the administration of household 

screening questions (screener) and two 

or three topical surveys. Like virtually 

all RDD surveys, NHES Screener 

response rates have declined (from 

above 80% in early 1990s to 53% in 

2007) and the decline in the percentage 

of households without landline 

telephones (from 93% in early 2004 to 

about 75% in 2009 mostly due to 

conversion to cellular-only coverage) 

raises issues about population coverage. 

To address these issues, the NHES is 

transitioning from a Random Digit Dial 

(RDD) interviewer administered study to 

an Address Based Sample, selfadministered study. A feasibility test of 

the methodology was conducted 

successfully in 2009. In 2011, the 

National Center for Education Statistics 

(NCES) will conduct a large scale pilot 

test to further refine the methodology. A 

number of interventions to improve 

response rates and data quality will be 

tested in 2011. In 2012, NCES will 

conduct the first full-scale production 

data collection utilizing the new design. 

The 2011 test and 2012 data collections 

will utilize the Parent and Family 

Involvement in Education and Early 

Childhood Program Participation 

modules. 

Requests for copies of the information 

collection submission for OMB review 

may be accessed from the RegInfo.gov 

Web site at http://www.reginfo.gov/

public/do/PRAMain or from the 

Department’s Web site at http:// 

edicsweb.ed.gov, by selecting the 

‘‘Browse Pending Collections’’ link and 

by clicking on link number 4351. When 

you access the information collection, 

click on ‘‘Download Attachments’’ to 

view. Written requests for information 

should be addressed to U.S. Department 

of Education, 400 Maryland Avenue, 

SW., LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to the Internet address 

ICDocketMgr@ed.gov or faxed to 202– 

401–0920. Please specify the complete 

title of the information collection and 

OMB Control Number when making 

your request. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877– 

8339. 

[FR Doc. 2010–22787 Filed 9–13–10; 8:45 am] 

BILLING CODE 4000–01–M 

DEPARTMENT OF EDUCATION 

Notice of Submission for OMB Review 

AGENCY: Department of Education. 

ACTION: Comment request. 

SUMMARY: The Acting Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management invites comments on the 

submission for OMB review as required 

by the Paperwork Reduction Act of 1995 

(Pub. L. 104–13). 

DATES: Interested persons are invited to 

submit comments on or before October 

14, 2010. 

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, New 

Executive Office Building, Washington, 

DC 20503, be faxed to (202) 395–5806 or 

e-mailed to 


jlentini on DSKJ8SOYB1PROD with NOTICES