32574 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

B. Estimated Burden 

The cost of the rule’s testing 

requirement is the cost of testing, either 

by the firm or by outside contractors. 

For the last two complete fiscal years 

(2007 and 2008) the total number of new 

lighter models submitted by firms to the 

CPSC has averaged about 20 per year. 

During that time, an annual average of 

16 firms have submitted new lighter 

models. If tests are conducted through 

outside contractors, the cost per test has 

been estimated at $15,000 to $25,000 

each, or $20,000 on average. If 20 total 

tests are done annually by outside 

contractors, the estimated cost is 

$400,000. If tests are conducted inhouse, testing each new model is 

expected to take 90 hours. The total 

testing time for 20 new models, if 

conducted in-house, would be 

approximately 1,800 hours. Based on 

the average hourly total compensation 

of $54.88 (for management, professional, 

and related occupations in goodsproducing industries, Bureau of Labor 

Statistics, September, 2008), the total 

industry cost of the testing component 

for this regulation would be in the range 

of $99,000 to $400,000 per year, 

depending on the method chosen. 

The cost of the recordkeeping 

requirements has two separate 

components: Recordkeeping for new 

models and recordkeeping for 

comparable models. The time consumed 

in recordkeeping for new models has 

been estimated at 20 hours per model. 

Thus the total time consumed for 

recordkeeping of new models would be 

400 hours (20 hours × 20 models). Based 

on the average hourly compensation of 

$27.14 (for sales and office workers in 

goods-producing industries, Bureau of 

Labor Statistics, September 2008), the 

cost of recordkeeping for new models 

would be about $11,000 annually (400 

hours × $27.14). 

Time consumed in recordkeeping for 

lighters that are submitted for 

comparison to previously tested models 

will require approximately 3 hours for 

each model. For the last two complete 

fiscal years, an annual average of 1,100 

comparison lighters have been 

submitted to the CPSC. Thus, an 

estimated 3,300 hours may be required 

by the firms for recordkeeping regarding 

comparison lighters (1,100 models × 3 

hours). Based on the average hourly 

compensation of $27.14, the estimated 

cost of recordkeeping regarding 

comparison lighters is $90,000 annually 

(3,300 hours × $27.14). The total 

recordkeeping costs associated with the 

lighter regulation would be 

approximately $101,000 ($11,000 + 

$90,000). 

In addition, each firm will submit 

information to the CPSC regarding the 

new testing and comparison 

submissions totaling about 1,120 

responses per year (20 models tested + 

1,100 comparison models). The total 

number of hours for these responses 

would be approximately 5,500 per year 

including new-product testing (1,800 

hours if done in-house), new product 

recordkeeping (400 hours), and 

recordkeeping for comparison lighters 

(3,300 hours). The Commission staff 

estimates the total cost for firms for 

testing, recordkeeping, and reporting to 

comply with the lighter regulation 

would be in the range of $200,000 to 

$501,000, depending upon the test 

method chosen. 

The Commission staff will expend 

approximately 4 full-time-equivalent 

staff years to administer the rule. The 

annual cost to the Federal government 

of the collection of information in these 

regulations is estimated to be $664,000. 

C. Request for Comments 

The Commission solicits written 

comments from all interested persons 

about the proposed collection of 

information. The Commission 

specifically solicits information relevant 

to the following topics: 

—Whether the collection of information 

described above is necessary for the 

proper performance of the 

Commission’s functions, including 

whether the information would have 

practical utility; 

—Whether the estimated burden of the 

proposed collection of information is 

accurate; 

—Whether the quality, utility, and 

clarity of the information to be 

collected could be enhanced; and 

—Whether the burden imposed by the 

collection of information could be 

minimized by use of automated, 

electronic or other technological 

collection techniques, or other forms 

of information technology. 

Dated: June 30, 2009. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. E9–16012 Filed 7–7–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0020] 

OKK Trading, 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 OKK 

Trading, Inc., containing a civil penalty 

of $665,000.00. 

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 July 23, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0020, 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, Lead Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, 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: June 29, 2009. 

Todd A. Stevenson, 

Secretary. 

In the Matter of OKK Trading, Inc.: 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

OKK Trading, Inc. (‘‘OKK’’) 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. 2051–2089 

(‘‘CPSA’’). The Commission is also 

responsible for the enforcement of the 

Federal Hazardous Substances Act, 15 

U.S.C. 1264–1278 (‘‘FHSA’’). 

3. OKK is a corporation organized and 

existing under the laws of California, 

with its principal offices located in 

Commerce, California. At all times 

relevant hereto, OKK sold toys and 

other children’s articles. 

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Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 32575 

Staff Allegations—Violation of the Lead 

Paint Ban 

4. The Ban of Lead-Containing Paint 

and Certain Consumer Products Bearing 

Lead-Containing Paint, found at 16 CFR 

Part 1303 (‘‘Lead Paint Ban’’), bans toys 

and other children’s articles that bear or 

contain paint or other surface coating 

materials whose lead content is more 

than 0.06 percent of the weight of the 

total nonvolatile content of the paint or 

of the weight of the dried paint film. 

Pursuant to CPSA section 8, 15 U.S.C. 

2057, and 16 CFR 1303.1(a)(1) and 

1303.4(b), a product that fails to comply 

with this regulation is a ‘‘banned 

hazardous product.’’ 

5. From approximately November 

2007 through August 2008, OKK 

imported into the United States, offered 

for sale, and distributed in commerce, 

units of different types of toys or other 

children’s articles that violated the Lead 

Paint Ban. OKK provided the 

Commission staff with information 

about these violative toys or other 

children’s articles, and, thereafter, the 

Commission staff accepted OKK’s 

corrective action plans concerning 

them. The toys or other children’s 

articles referred to in this paragraph are 

collectively referred to herein as 

‘‘Painted Toys.’’ 

6. Tests on samples of the Painted 

Toys demonstrated that the Painted 

Toys bore or contained paint or other 

surface coating materials whose lead 

content is more than 0.06 percent of the 

weight of the total nonvolatile content 

of the paint or of the weight of the dried 

paint film. Therefore, the Painted Toys 

failed to comply with the Lead Paint 

Ban. 

7. The Painted Toys are ‘‘consumer 

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

hereto, OKK was a ‘‘manufacturer’’ of 

those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

3(a)(5), (8), and (11), 15 U.S.C. 

2052(a)(5), (8), and (11). 

8. OKK informed the Commission that 

it had received no reports of incidents 

or injuries relating to the Painted Toys. 

9. Pursuant to CPSA section 8, 15 

U.S.C. 2057, and 16 CFR 1303.1(a)(1) 

and 1303.4(b), the Painted Toys are 

‘‘banned hazardous products.’’ 

10. Under CPSA section 19(a)(1), 15 

U.S.C. 2068(a)(1), the offer for sale, 

distribution in commerce, or 

importation into the United States of a 

banned hazardous product is a 

prohibited act. 

11. Under CPSA section 20(d), 15 

U.S.C. 2069(d), OKK had actual 

knowledge that the Painted Toys were 

banned hazardous products, or it is 

presumed to have had knowledge 

deemed to be possessed by a reasonable 

person acting in the circumstances, and, 

therefore, OKK knowingly committed 

prohibited acts concerning the Painted 

Toys. Pursuant to CPSA section 20, 15 

U.S.C. 2069, OKK’s prohibited acts 

concerning the Painted Toys subjected it 

to civil penalties. 

Violation of the Small Parts Regulation 

12. From approximately December 

2004 through August 2008, OKK 

introduced and/or delivered for 

introduction into interstate commerce, 

received in interstate commerce, and/or 

delivered or proffered delivery for pay 

or otherwise, units of different types of 

toys, intended for use by children under 

three years of age, that failed to comply 

with the Commission’s Small Parts 

Regulation at 16 CFR Part 1501. OKK 

provided the Commission staff with 

information about these violative toys, 

and, thereafter, the Commission staff 

accepted OKK’s corrective action plans 

concerning them. The toys referred to in 

this paragraph are collectively referred 

to herein as ‘‘Toys.’’ 

13. The Toys failed to comply with 16 

CFR Part 1501 in that, when tested 

under the ‘‘use and abuse’’ test methods 

specified in 16 CFR 1500.51 and .52, 

one or more parts of each tested Toy 

separated, and one or more of the 

separated parts fit completely within the 

small parts cylinder identified in 16 

CFR 1501.4. 

14. OKK informed the Commission 

that it had received no reports of 

incidents or injuries relating to the 

Toys. 

15. Because each Toy failed to comply 

with the Commission’s Small Parts 

Regulation at 16 CFR Part 1501, it 

presented a ‘‘mechanical hazard’’ within 

the meaning of FHSA section 2(s), 15 

U.S.C. 1261(s), and was a ‘‘hazardous 

substance’’ in accordance with FHSA 

section 2(f)(1)(D), 15 U.S.C. 

1261(f)(1)(D). 

16. Under 16 CFR 1500.18(a)(9), each 

Toy presented an unreasonable risk of 

personal injury or illness and was a 

‘‘banned hazardous substance’’ within 

the meaning of FHSA section 2(q)(1)(A), 

15 U.S.C. 1261(q)(1)(A). 

17. Under FHSA section 4(a), 15 

U.S.C. 1263(a), the introduction or 

delivery for introduction into interstate 

commerce of any banned hazardous 

substance, or the causing thereof, is a 

prohibited act. Under FHSA section 

4(c), 15 U.S.C. 1263(c), the receipt in 

interstate commerce, and the delivery or 

proffered delivery for pay or otherwise, 

of any banned hazardous substance, and 

the causing thereof, is a prohibited act. 

18. Under FHSA section 5(c)(5), 15 

U.S.C. 1264(c)(5), OKK had actual 

knowledge that the Toys were banned 

hazardous substances, or it is presumed 

to have had knowledge deemed to be 

possessed by a reasonable person acting 

in the circumstances, and, therefore, 

OKK knowingly committed prohibited 

acts concerning the Toys. Pursuant to 

FHSA section 5(c)(1), 15 U.S.C. 

1264(c)(1), OKK’s prohibited acts 

concerning the Toys subjected it to civil 

penalties. 

Violation of the Rattle Requirements 

19. From approximately November 

2004 to January 2005, OKK introduced 

and/or delivered for introduction into 

interstate commerce, received in 

interstate commerce, and/or delivered 

or proffered delivery for pay or 

otherwise, units of different types of 

rattles that failed to comply with the 

Commission’s requirements for rattles at 

16 CFR Part 1510. OKK provided the 

Commission staff with information 

about these violative rattles, and, 

thereafter, the Commission staff 

accepted OKK’s corrective action plans 

concerning them. The rattles referred to 

in this paragraph are collectively 

referred to herein as ‘‘Rattles.’’ 

20. The Rattles failed to comply with 

16 CFR Part 1510 in that, when tested 

under the procedures set forth in 16 

CFR 1510.4, the Rattles penetrated to 

the full depth of the test fixture. 

21. OKK informed the Commission 

that it had received no reports of 

incidents or injuries relating to the 

Rattles. 

22. Because each Rattle failed to 

comply with the Commission’s 

requirements for rattles at 16 CFR Part 

1510, it presented a ‘‘mechanical 

hazard’’ within the meaning of FHSA 

section 2(s), 15 U.S.C. 1261(s), and was 

a ‘‘hazardous substance’’ in accordance 

with FHSA section 2(f)(1)(D), 15 U.S.C. 

1261(f)(1)(D). 

23. Under 16 CFR 1500.18(a)(15), each 

Rattle presented an unreasonable risk of 

personal injury or illness and was a 

‘‘banned hazardous substance’’ within 

the meaning of FHSA section 2(q)(1)(A), 

15 U.S.C. 1261(q)(1)(A). 

24. Under FHSA section 4(a), 15 

U.S.C. 1263(a), the introduction or 

delivery for introduction into interstate 

commerce of any banned hazardous 

substance, or the causing thereof, is a 

prohibited act. Under FHSA section 

4(c), 15 U.S.C. 1263(c), the receipt in 

interstate commerce, and the delivery or 

proffered delivery for pay or otherwise, 

of any banned hazardous substance, and 

the causing thereof, is a prohibited act. 

25. Under FHSA section 5(c)(5), 15 

U.S.C. 1264(c)(5), OKK had actual 

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32576 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

knowledge that the Rattles were banned 

hazardous substances, or it is presumed 

to have had knowledge deemed to be 

possessed by a reasonable person acting 

in the circumstances, and, therefore, 

OKK knowingly committed prohibited 

acts concerning the Rattles. Pursuant to 

FHSA section 5(c)(1), 15 U.S.C. 

1264(c)(1), OKK’s prohibited acts 

concerning the Rattles subjected it to 

civil penalties. 

Violation of the Toys and Games 

Labeling Requirements 

26. From approximately January 2005 

through April 2007, OKK introduced 

and/or delivered for introduction into 

interstate commerce, received in 

interstate commerce, and/or delivered 

or proffered delivery for pay or 

otherwise, units of different types of 

toys and games, intended for children 

three years of age or older, that failed to 

comply with the Commission’s labeling 

requirements for balloons, small balls, 

and/or small parts found in FHSA 

section 24(b)(2)(A), (b)(2)(B), and 

(b)(2)(C), 15 U.S.C. 1278(b)(2)(A), 

(b)(2)(B), and (b)(2)(C), 16 CFR 

1500.19(b)(2), (b)(3)(ii), (b)(4)(i), and (d). 

OKK provided the Commission staff 

with information about these violative 

toys and games, and, thereafter, the 

Commission staff accepted OKK’s 

corrective action plans concerning 

them. The toys and games referred to in 

this paragraph are collectively referred 

to herein as ‘‘Toys/Games.’’ 

27. OKK informed the Commission 

that it had received no reports of 

incidents or injuries relating to the 

Toys/Games. 

28. Each of the Toys/Games presented 

a ‘‘mechanical hazard’’ within the 

meaning of FHSA section 2(s), 15 U.S.C. 

1261(s), and was a ‘‘hazardous 

substance’’ in accordance with FHSA 

section 2(f)(1)(D), 15 U.S.C. 

1261(f)(1)(D). 

29. Under FHSA sections (3)(b) and 

24(d), 15 U.S.C. 1262(b) and 1278(d), 

each of the Toys/Games was a 

‘‘misbranded hazardous substance’’ 

within the meaning of FHSA section 

2(p), 15 U.S.C. 1261(p). 

30. Under FHSA section 4(a), 15 

U.S.C. 1263(a), the introduction or 

delivery for introduction into interstate 

commerce of any misbranded hazardous 

substance, or the causing thereof, is a 

prohibited act. Under FHSA section 

4(c), 15 U.S.C. 1263(c), the receipt in 

interstate commerce, and the delivery or 

proffered delivery for pay or otherwise, 

of any misbranded hazardous substance, 

and the causing thereof, is a prohibited 

act. 

31. Under FHSA section 5(c)(5), 15 

U.S.C. 1264(c)(5), OKK had actual 

knowledge that the Toys/Games were 

misbranded hazardous substances, or it 

is presumed to have had knowledge 

deemed to be possessed by a reasonable 

person acting in the circumstances, and, 

therefore, OKK knowingly committed 

prohibited acts concerning the Toys/ 

Games. Pursuant to FHSA section 

5(c)(1), 15 U.S.C. 1264(c)(1), OKK’s 

prohibited acts concerning the Toys/ 

Games subjected it to civil penalties. 

Violation of the Art Materials Labeling 

Requirements 

32. From approximately September 

2005 through April 2007, OKK 

introduced and/or delivered for 

introduction into interstate commerce, 

received in interstate commerce, and/or 

delivered or proffered delivery for pay 

or otherwise, units of different types of 

art materials that failed to comply with 

the labeling requirements for art 

materials found in FHSA section 23, 15 

U.S.C. 1277. OKK provided the 

Commission staff with information 

about these violative art materials, and, 

thereafter, the Commission staff 

accepted OKK’s corrective action plans 

concerning them. The art materials 

referred to in this paragraph are 

collectively referred to herein as ‘‘Art 

Materials.’’ 

33. OKK informed the Commission 

that it had received no reports of 

incidents or injuries relating to the Art 

Materials. 

34. Each of the Art Materials 

presented a ‘‘mechanical hazard’’ within 

the meaning of FHSA section 2(s), 15 

U.S.C. 1261(s), and was a ‘‘hazardous 

substance’’ in accordance with FHSA 

section 2(f)(1)(D), 15 U.S.C. 

1261(f)(1)(D). 

35. Under FHSA sections (3)(b) and 

23, 15 U.S.C. 1262(b) and 1277, each of 

the Art Materials was a ‘‘misbranded 

hazardous substance’’ within the 

meaning of FHSA section 2(p), 15 U.S.C. 

1261(p). 

36. Under FHSA section 4(a), 15 

U.S.C. 1263(a), the introduction or 

delivery for introduction into interstate 

commerce of any misbranded hazardous 

substance, or the causing thereof, is a 

prohibited act. Under FHSA section 

4(c), 15 U.S.C. 1263(c), the receipt in 

interstate commerce, and the delivery or 

proffered delivery for pay or otherwise, 

of any misbranded hazardous substance, 

and the causing thereof, is a prohibited 

act. 

37. Under FHSA § 5(c)(5), 15 U.S.C. 

1264(c)(5), OKK had actual knowledge 

that the Art Materials were misbranded 

hazardous substances, or it is presumed 

to have had knowledge deemed to be 

possessed by a reasonable person acting 

in the circumstances, and, therefore, 

OKK knowingly committed prohibited 

acts concerning the Art Materials. 

Pursuant to FHSA section 5(c)(1), 15 

U.S.C. 1264(c)(1), OKK’s prohibited acts 

concerning the Art Materials subjected 

it to civil penalties. 

Violation of the Pacifier Requirements 

38. From approximately July 2007 to 

January 2008, OKK introduced and/or 

delivered for introduction into interstate 

commerce, received in interstate 

commerce, and/or delivered or proffered 

delivery for pay or otherwise, units of a 

pacifier that failed to comply with the 

Commission’s requirements for pacifiers 

at 16 CFR Part 1511. OKK provided the 

Commission staff with information 

about these violative pacifiers, and, 

thereafter, the Commission staff 

accepted OKK’s corrective action plans 

concerning them. The pacifiers referred 

to in this paragraph are collectively 

referred to herein as ‘‘Pacifiers.’’ 

39. The Pacifiers failed to comply 

with 16 CFR Part 1511 in that: (a) When 

tested under the procedures set forth in 

16 CFR 1511.5, the Pacifiers released 

parts that fit completely within the 

small parts cylinder identified in 16 

CFR 1511.5; and (b) the Pacifiers’ 

packaging failed to contain the labeling 

statement required by 16 CFR 1511.7. 

40. OKK informed the Commission 

that it had received no reports of 

incidents or injuries relating to the 

Pacifiers. 

41. Because each Pacifier failed to 

comply with the Commission’s 

requirements for pacifiers at 16 CFR Part 

1511, it presented a ‘‘mechanical 

hazard’’ within the meaning of FHSA 

section 2(s), 15 U.S.C. 1261(s), and was 

a ‘‘hazardous substance’’ in accordance 

with FHSA section 2(f)(1)(D), 15 U.S.C. 

1261(f)(1)(D). 

42. Under 16 CFR 1500.18(a)(8), each 

Pacifier presented an unreasonable risk 

of personal injury or illness and was a 

‘‘banned hazardous substance’’ within 

the meaning of FHSA section 2(q)(1)(A), 

15 U.S.C. 1261(q)(1)(A). Each of the 

Pacifiers was also a ‘‘misbranded 

hazardous substance’’ within the 

meaning of FHSA section 2(p), 15 U.S.C. 

1261(p). 

43. Under FHSA section 4(a), 15 

U.S.C. 1263(a), the introduction or 

delivery for introduction into interstate 

commerce of any banned hazardous 

substance or misbranded hazardous 

substance, or the causing thereof, is a 

prohibited act. Under FHSA section 

4(c), 15 U.S.C. 1263(c), the receipt in 

interstate commerce, and the delivery or 

proffered delivery for pay or otherwise, 

of any banned hazardous substance or 

misbranded hazardous substance, and 

the causing thereof, is a prohibited act. 

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44. Under FHSA section 5(c)(5), 15 

U.S.C. 1264(c)(5), OKK had actual 

knowledge that the Pacifiers were 

banned hazardous substances and 

misbranded hazardous substances, or it 

is presumed to have had knowledge 

deemed to be possessed by a reasonable 

person acting in the circumstances, and, 

therefore, OKK knowingly committed 

prohibited acts concerning the Pacifiers. 

Pursuant to FHSA section 5(c)(1), 15 

U.S.C. 1264(c)(1), OKK’s prohibited acts 

concerning the Pacifiers subjected it to 

civil penalties. 

Violation of the Export Notification 

Requirements 

45. From approximately May to 

December 2007, without notifying the 

Commission as required under FHSA 

section 14(d), 15 U.S.C. 1273(d), OKK 

exported units of different types of 

banned and/or misbranded hazardous 

substances (collectively, ‘‘Exported 

Substances’’). OKK shipped the 

Exported Substances in separate 

shipments, each shipment constituting a 

separate series of violations. 

46. Under FHSA section 4(i), 15 

U.S.C. 1263(i), the failure to notify the 

Commission with respect to exports as 

required by FHSA section 14(d), 15 

U.S.C. 1273(d), is a prohibited act. 

47. Under FHSA section 5(c)(5), 15 

U.S.C. 1264(c)(5), OKK had actual 

knowledge that the Exported Substances 

were banned and/or misbranded 

hazardous substances and that OKK 

failed to notify the Commission prior to 

their exportation as required under 

FHSA section 14(d), 15 U.S.C. 1273(d), 

or OKK is presumed to have had 

knowledge deemed to be possessed by 

a reasonable person acting in the 

circumstances. Therefore, OKK 

knowingly committed prohibited acts 

concerning the Exported Substances. 

Pursuant to FHSA section 5(c)(1), 15 

U.S.C. 1264(c)(1), OKK’s prohibited acts 

concerning the Exported Substances 

subjected it to civil penalties. 

OKK’s Response 

48. OKK denies the Staff’s allegations 

above that OKK knowingly violated the 

CPSA and FHSA. 

Agreement of the Parties 

49. Under the CPSA and FHSA, the 

Commission has jurisdiction over this 

matter and over OKK. 

50. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by OKK, or a determination 

by the Commission, that OKK 

knowingly violated the CPSA and 

FHSA. 

51. In settlement of the Staff’s 

allegations, OKK shall pay a civil 

penalty in the total amount of six 

hundred sixty-five thousand dollars 

($665,000.00). The civil penalty shall be 

paid in four (4) installments as follows: 

$200,000.00 shall be paid within twenty 

(20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement; $170,000 shall be paid on or 

before January 10, 2010; $170,000 shall 

be paid on or before January 10, 2011; 

and $125,000 shall be paid on or before 

July 10, 2011. Each payment shall be 

made by check payable to the order of 

the United States Treasury. 

52. 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. 

53. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, OKK 

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 OKK failed to comply with the 

CPSA, the FHSA, and their underlying 

regulations; (4) a statement of findings 

of fact and conclusions of law; and (5) 

any claims under the Equal Access to 

Justice Act. 

54. The Commission may publicize 

the terms of the Agreement and the 

Order. 

55. The Agreement and the Order 

shall apply to, and be binding upon, 

OKK and each of its successors and 

assigns. 

56. The Commission issues the Order 

under the provisions of the CPSA and 

FHSA, and violation of the Order may 

subject those persons or entities 

referenced in the preceding paragraph to 

appropriate legal action. 

57. 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. 

58. 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 OKK agree 

that severing the provision materially 

affects the purpose of the Agreement 

and the Order. 

59. The Agreement covers only those 

products that OKK distributed in 

commerce for which recalls or other 

corrective actions were undertaken in 

cooperation with the Commission prior 

to the date on which OKK executed the 

Agreement. 

OKK Trading, Inc. 

Dated: 4/7/2009 

By: lllllllllllllllllll

William Hung, CEO, OKK Trading, Inc., 5705 

Union Pacific Ave., Commerce, CA 90022 

Dated: 4/9/2009 

By: lllllllllllllllllll

Barry E. Powell, Esq., Grunfeld, Desiderio, 

Lebowitz, Silverman & Klestadt LLP, 707 

Wilshire Blvd., Suite 4900, Los Angeles, 

CA 90017, Counsel for OKK Trading, Inc. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik 

Assistant General Counsel Office of the 

General Counsel. 

Dated: 4/30/09 

By: lllllllllllllllllll

Seth B. Popkin, Lead Trial Attorney, Division 

of Compliance, Office of the General 

Counsel. 

In the Matter of KK Trading, Inc.: 

Order 

Upon consideration of the Settlement 

Agreement entered into between OKK 

Trading, Inc. (‘‘OKK’’) and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over OKK, 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 OKK shall pay a 

civil penalty in the total amount of six 

hundred sixty-five thousand dollars 

($665,000.00). The civil penalty shall be 

paid in four (4) installments as follows: 

$200,000.00 shall be paid within twenty 

(20) calendar days of service of the 

mstockstill on DSKH9S0YB1PROD with NOTICES

32578 Federal Register / Vol. 74, No. 129 / Wednesday, July 8, 2009 / Notices 

Commission’s final Order accepting the 

Agreement; $170,000 shall be paid on or 

before January 10, 2010; $170,000 shall 

be paid on or before January 10, 2011; 

and $125,000 shall be paid on or before 

July 10, 2011. Each payment shall be 

made by check payable to the order of 

the United States Treasury. Upon the 

failure of OKK to make any of the 

foregoing payments when due, the total 

amount of the civil penalty shall 

become immediately due and payable, 

and interest on the unpaid amount shall 

accrue and be paid by OKK 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 26th day of June, 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–16013 Filed 7–7–09; 8:45 am] 

BILLING CODE 6355–01–P 

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 (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 and/or 

continuing collections 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 its 

proposed revision of its Application 

Instructions for State Administrative 

Funds, Program Development 

Assistance and Training, and Disability 

Placement. These applications are used 

by State commissions to apply for funds 

to support activities related to 

administration, training, and access for 

people with disabilities. They are being 

revised to conform with provisions of 

the Serve America Act. 

Copies of the information collection 

request 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 

September 8, 2009. 

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, 

AmeriCorps State and National, Amy 

Borgstrom, Associate Director for Policy, 

1201 New York Ave., 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) 606–3476, 

Attention Amy Borgstrom, Associate 

Director for Policy. 

(4) Electronically through the 

Corporation’s e-mail address system: 

aborgstrom@cns.gov. 

FOR FURTHER INFORMATION CONTACT: 

Amy Borgstrom, (202) 606–6930 or by email at aborgstrom@cns.gov. 

SUPPLEMENTARY INFORMATION: The 

Corporation is particularly interested in 

comments that: 

• 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 expected to respond, including 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 grants are generally 

awarded to eligible organizations to 

recruit, train, and manage AmeriCorps 

members who address unmet 

community needs. AmeriCorps 

members are individuals who engage in 

community service. Members may 

receive a living allowance during their 

term of service. Upon successful 

completion of their service members 

receive an education award from the 

National Service Trust. 

Roughly three quarters of all 

AmeriCorps grant funding goes to 

Governor-appointed State service 

commissions which award subgrants to 

nonprofit organizations in their states. 

The State Administrative Funds, 

Program Development Assistance and 

Training, and Disability Placement 

Application Instructions are used by 

commissions to complete their 

application for these funds in eGrants, 

the Corporation’s Web-based grants 

management system. 

Current Action 

The Corporation seeks to revise the 

current application instructions. The 

application instructions are being 

revised to conform with provisions of 

the Serve America Act. The application 

will be used in the same manner as the 

existing application. The Corporation 

also seeks to continue using the current 

application instructions until the 

revised application instructions are 

approved by OMB. The current 

application instructions are due to 

expire on May 31, 2010. 

Type of Review: Revision; previously 

granted approval by OMB. 

Agency: Corporation for National and 

Community Service. 

Title: State Administrative Funds, 

Program Development Assistance and 

Training, and Disability Placement 

Application Instructions. 

OMB Number: 3045–0099. 

Agency Number: None. 

Affected Public: State commissions. 

Total Respondents: 54. 

Frequency: Annually. 

Average Time per Response: 24 hours. 

Estimated Total Burden Hours: 1296 

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 OMB 

approval of the information collection 

request; they will become a matter of 

public record. 

Dated: June 26, 2009. 

Lois Nembhard, 

Acting Director, AmeriCorps State and 

National. 

[FR Doc. E9–16027 Filed 7–7–09; 8:45 am] 

BILLING CODE 6050–$$–P 

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