9694 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Notices

Past Performance

Any first-time applicant for Federal

grant funds under this announcement is

subject to a pre-award accounting

survey prior to execution of the award.

Unsatisfactory performance under prior

Federal awards may result in an

application not being considered for

funding.

Pre-award Activities

If applicants incur any costs prior to

an award being made, they do so solely

at their own risk of not being

reimbursed by the Government.

Notwithstanding any verbal or written

assurance that they may have received,

there is no obligation on the part of

NOAA to cover pre-award costs.

No Obligation of Future Funding

If an application is selected for

funding, NOAA has no obligation to

provide additional future funding in

connection with the award. Renewal of

an award to increase funding or extend

the period of performance is at the total

discretion of the Restoration Center

Director.

Delinquent Federal Debts

No award of Federal funds shall be

made to an applicant or to its

subrecipients who have any outstanding

delinquent Federal debt or fine until:

1. The delinquent account is paid in

full;

2. A negotiated repayment schedule is

established, and at least one payment is

received; or

3. Other arrangements are made that

are satisfactory to the Department of

Commerce.

Name Check Review

All non-profit and for-profit

applicants are subject to a name check

review process. Name checks are

intended to reveal whether key

individuals associated with the

applying organization have been

convicted of, or are presently facing,

criminal charges such as fraud, theft,

perjury, or other matters that

significantly reflect on the applicant’s

management, honesty, or financial

integrity. Potential non-profit and forprofit recipients may also be subject to

reviews of Dun and Bradstreet data or

other similar credit checks.

Primary Applicant Certifications

All primary applicants must submit a

completed Form CD 511, ‘‘Certifications

Regarding Debarment, Suspension and

Other Responsibility Matters; Drug-Free

Workplace Requirements and

Lobbying.’’ The following explanations

are hereby provided:

1. Nonprocurement debarment and

suspension. Prospective participants (as

defined at 15 CFR 26.105) are subject to

15 CFR part 26, ‘‘Nonprocurement

Debarment and Suspension,’’ and the

related section of the certification form

prescribed earlier applies;

2. Drug-free workplace. Grantees (as

defined at 15 CFR 26.605) are subject to

15 CFR 26, subpart F, ‘‘Governmentwide Requirements for Drug-Free

Workplace (Grants),’’ and the related

section of the certification form

prescribed earlier applies; also please

enter the Principal Place of

Performance, that is, where the work

will be done.

3. Anti-Lobbying. Persons (as defined

at 15 CFR 28.105) are subject to the

lobbying provision of 31 U.S.C. 1352,

‘‘Limitation on use of appropriated

funds to influence certain Federal

contracting and financial transactions,’’

and the lobbying section of the

certification form prescribed above

applies to applications/bids for grants,

cooperative agreements, contracts for

more than $100,000, and loans and loan

guarantees for more than $150,000.

4. Anti-Lobbying disclosures. Any

applicant who has paid or will pay for

lobbying using any funds must submit

a Form SF-LLL, ‘‘Disclosure Form to

Report Lobbying,’’ as required under 15

CFR part 28, appendix B.

Lower Tier Certifications

Recipients shall require applicants/

bidders for subgrants, contracts,

subcontracts, or other lower tier covered

transactions at any tier under the award

to submit, if applicable, a completed

Form CD-512, ‘‘Certifications Regarding

Debarment, Suspension, Ineligibility

and Voluntary Exclusion-Lower Tier

Covered Transactions and Lobbying’’

and disclosure Form SF-LLL

‘‘Disclosure of Lobbying Activities.’’

Form CD-512 is intended for the use of

recipients and should not be transmitted

to DOC. An SF-LLL submitted by any

tier recipient or subrecipient should be

submitted to DOC in accordance with

the instructions contained in the award

document.

False Statements

A false statement on the application is

grounds for denial or termination of

funds and grounds for possible

punishment by a fine or imprisonment

as provided in 18 U.S.C. 1001.

Intergovernmental Review

Applications under this program are

subject to the provisions of Executive

Order 12372, ‘‘Intergovernmental

Review of Federal Programs.’’

American-made Equipment and

Products

Applicants are hereby notified that

they are encouraged, to the extent

feasible, to purchase American-made

equipment and products with funding

provided under this program.

Classification

Prior notice and an opportunity for

public comments are not required by the

Administrative Procedure Act or by any

other law for this notice concerning

grants, benefits, and contracts.

Furthermore, a regulatory flexibility

analysis is not required for the purposes

of the Regulatory Flexibility Act.

This action has been determined to be

‘‘not significant’’ for purposes of

Executive Order 12866.

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with, a collection of information subject

to the requirements of the Paperwork

Reduction Act unless that collection

displays a currently valid OMB control

number.

This notice contains collection-ofinformation requirements subject to the

Paperwork Reduction Act. The use of

Standard Forms 424, 424A, 424B and

SF-LLL have been approved by OMB

under the respective control numbers

0348-0043, 0348-0044, 0348-0040, and

0348-0046.

Dated: February 5, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–3390 Filed 2–8–01; 8:45 am]

BILLING CODE 3510–22–S

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 01–C0004]

Hanro, USA, Inc., a Corporation,

Provisional Acceptance of a

Settlement Agreement and Order

AGENCY: Consumer Product Safety

Commission.

ACTION: Notice.

SUMMARY: It is the policy of the

Commission to publish settlements

which it provisionally accepts under the

Consumer Product Safety Act in the

Federal Register in accordance with the

terms of 16 CFR 1118.20(f). Published

below is a provisionally-accepted

Settlement Agreement with Hanro,

USA, Inc., a corporation, containing a

civil penalty of $150,000.

Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Notices 9695

DATES: Any Interested person may ask

the Commission not to accept this

agreement or otherwise comment on its

contents by filing a written request with

the Office of the Secretary by February

26, 2001.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 01–C0004, Office of the

Secretary, Consumer Product Safety

Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT:

Dennis C. Kacoyanis, Trial Attorney,

Office of Compliance and Enforcement,

Consumer Product Safety Commission,

Washington, D.C. 20207; telephone

(301) 504–0626, 1346.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: February 6, 2001.

Sadye E. Dunn,

Secretary.

Settlement Agreement and Order

1. This Settlement Agreement and

Order, entered into between HANRO

USA, INC. (hereinafter, ‘‘HANRO USA’’

or ‘‘Respondent’’), a corporation, and

the staff of the Consumer Product Safety

Commission (hereinafter, ‘‘staff’’),

pursuant to the procedures set forth in

16 C.F.R. 1118.20, is a compromise

resolution of the matter described

herein, without a hearing or

determination of issues of law and fact.

I. The Parties

2. The ‘‘staff’’ is the staff of the

Consumer Product Safety Commission

(hereinafter, ‘‘Commission’’), and

independent federal regulatory

commission of the United States

government established pursuant to

section 4 of the Consumer Product

Safety Act (CPSA), as amended, 15

U.S.C. 2053.

3. Respondent HANRO USA, INC. is

a wholly owned subsidiary of HANRO

A.G. (hereinafter, ‘‘HANRO of

Switzerland’’), a Swiss corporation

located in Liestal, Switzerland. HANRO

USA is located at 40 East 34th Street,

Suite 207, New York, NY 10016.

HANRO USA is an importer and

wholesaler of women’s and men’s

underwear and robes.

II. Allegations of the Staff

A. Violations of the Flammable Fabrics

Act

4. In 1998, HANRO of Switzerland

manufactured Ladies’ Fleece Robes,

style number 6812, 6813, and 6814,

90% cotton/10% polyester fleece fabric.

5. In September and October of 1998,

Respondent imported into the United

States 1,261 of these fleece robes.

6. These fleece robes were subject to

the Standard for the Flammability of

Clothing Textiles (hereinafter, ‘‘Clothing

Standard’’), 16 CFR part 1610, issued

under section 4 of the Flammable

Fabrics Act (FFA).

7. Neither before importation, nor

before sale of these fleece robes, did

Respondent verify whether they

complied with the requirements of the

Clothing Standard.

8. Respondent sold these fleece robes

to its retail customers from September

1998 through December 1998.

9. In 1999, HANRO of Switzerland

manufactured Ladies’ Fleece Robes,

style numbers 6314 and 6315 made from

essentially the same fleece fabric as the

fleece robes identified in paragraph 4

above.

10. On or about September 15, 1999,

Respondent received flammability test

results for the fleece robes identified in

paragraph 9 above. The test results

showed that these fleece robes were

dangerously flammable and unsuitable

for clothing because of their rapid and

intense burning and, therefore, violated

the Clothing Standard.

11. Between October 22, 1999 and

November 3, 1999, Respondent

imported into the United States 870 of

the fleece robes identified in paragraph

9 and 10 above.

12. Between October 28, 1999 and

November 13, 1999, Respondent sold

the fleece robes identified in paragraphs

9 and 11 above to its retail customers.

13. On December 5, 1999, Respondent

received an incident report involving an

accidental ignition of one of these fleece

robes. According to the report, the

victim wore the rob while making tea,

the sleeve caught fire, and the victim

received burns to her hair and wrenched

her back while removing the flaming

robe.

14. On December 7, 1999, Respondent

reported the incident to the

Commission.

15. After reporting the incident to the

Commission, Respondent admitted its

1998 importation and sale of the fleece

robes identified in paragraph 4 above.

16. In January 2000, Respondent

conducted flammability testing for the

first time on the fleece robes imported

in 1998. The test results showed that

those fleece robes were dangerously

flammable and unsuitable for clothing

because of their rapid and intense

burning and, therefore, violated the

Clothing Standard.

17. Respondent knowingly imported

into the United States and sold in

commerce the fleece robes identified in

paragraphs 4 and 9 above that violated

the Clothing Standard, as the term

‘‘knowingly’’ is defined in section

5(e)(4) of the FFA, 15 U.S.C. 1194(e)(4),

in violation of section 3 of the FFA, 15

U.S.C. 1192. A knowing violation of this

provision subjects Respondent to civil

penalties under section 5(e)(1) of the

FFA, 15 U.S.C. 1194(e)(1).

B. Violations of the Consumer Product

Safety Act

18. The allegations contained in

paragraphs 4 through 17 above are

realleged.

19. Respondent’s fleece robes are

‘‘consumer products’’ and Respondent

is an ‘‘importer’’ and therefore, a

‘‘manufacturer’’ of ‘‘consumer products’’

which are ‘‘distributed in commerce’’ as

those terms are defined in sections

3(a)(1), (4), and (11) of the CPSA, 15

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

20. Section 15(b) of the CPSA, 15

U.S.C. 2064(b) requires every

manufacturer of a consumer product

distributed in commerce, who obtains

information which reasonably supports

the conclusion that such product

contains a defect which could create a

substantial product hazard or creates an

unreasonable risk of serious injury or

death to immediately inform the

Commission of such defect, or of such

risk.

21. Respondent knew or should have

known that the fleece robes identified in

paragraphs 4 and 9 above contained a

defect which could create a substantial

product hazard or created an

unreasonable risk of serious injury or

death. These fleece robes were highly

flammable and were likely to cause

severe burn injuries or death and,

therefore, violated the Clothing

Standard. Respondent did not

immediately notify the Commission of

the risk presented by these fleece robes.

22. Only after receiving a report of a

fire incident caused by one of these

fleece robes, did Respondent notify the

Commission pursuant to section 15(b) of

the CPSA, id.

23. Respondent knowingly failed to

file a timely report under section 15(b)

of the CPSA, id, as the term

‘‘knowingly’’ is defined in section 20(d)

of the CPSA, 15 U.S.C. 2069(d), in

violation of section 19(a)(4) of the

CPSA, 15 U.S.C. 2068(a)(4). A knowing

violation of this provision subjects

Respondent to civil penalties under

section 20 of the CPSA, 15 U.S.C. 2069.

III. Response of Respondent

24. Respondent denies the staff’s

allegations set forth in paragraphs 4

through 23 above.

9696 Federal Register / Vol. 66, No. 28 / Friday, February 9, 2001 / Notices

25. Respondent denies that it

knowingly violated either the

Flammable Fabrics Act or the Consumer

Product Safety Act. 26. On its own initiative, Respondent

reported the incident that is the basis of

these proceedings, and, beginning on

December 8, 1999, voluntarily

undertook a recall of Ladies’ Fleece

Robes, style numbers 6314 and 6315.

Beginning on January 7, 2000,

Respondent voluntarily initiated a recall

of Ladies’ Fleece Robes, style numbers

6812, 6813, and 6814. Respondent

voluntarily offered a substantial gift

certificate to consumers to encourage

returns, voluntarily undertook a second

round of retailer notices when the initial

term of the recalls expired, voluntarily

extended the term of its recalls and

consumer incentives through December

31, 2000, and voluntarily destroyed or

identified for destruction virtually all

the robes returned under the recall.

IV. Agreement of the Parties

27. The Commission has jurisdiction

over Respondent and the subject matter

of this Settlement Agreement and Order

under the Consumer Product Safety Act

(CPSA), 15 U.S.C. 2051 et seq.; the

Flammable Fabrics Act (FFA), 15 U.S.C.

1191 et seq.; and the Federal Trade

Commission Act (FTCA), 15 U.S.C. 41 et

seq. 28. This Agreement is entered into for

settlement purposes only and does not

constitute an admission by Respondent

or a determination by the Commission

that Respondent knowingly violated the

FFA’s Clothing Standard and/or the

CPSA’s Reporting Requirement. 29. Upon provisional acceptance of

this Settlement Agreement and Order by

the Commission, this Settlement

Agreement and Order shall be placed on

the public record and shall be published

in the Federal Register in accordance

with the procedures set forth in 16 CFR

1118.20(f). If the Commission does not

receive any written request not to accept

the Settlement Agreement and Order

within 15 days, the Settlement

Agreement and Order will be deemed to

be finally accepted on the 16th day after

the date it is published in the Federal

Register. 30. Upon final acceptance of this

Settlement Agreement by the

Commission and issuance of the Final

Order, Respondent knowingly,

voluntarily, and completely waives any

rights it may have in this matter (1) to

an administrative or judicial hearing, (2)

to judicial review or other challenges or

contest of the validity of the

Commission’s actions, (3) to a

determination by the Commission as to

whether Respondent failed to comply

with the FFA, as alleged, or the CPSA,

as alleged, (4) to a statement of findings

of facts and conclusions of law, and (5)

to any claims under the Equal Access to

Justice Act. 31. In settlement of the staff’s

allegations, Respondent agrees to pay a

$150,000.00 civil penalty as set forth in

the attached Order incorporated herein

by reference. 32. The Commission may publicize

the terms of this Settlement Agreement

and Order.

33. Upon final acceptance by the

Commission of this Settlement

Agreement and Order, the Commission

shall issue the attached Order.

34. A violation of the attached Order

shall subject Respondent to appropriate

legal action. 35. Agreements, understandings,

representations, or interpretations made

outside this Settlement Agreement and

Order may not be used to vary or

contradict its terms.

36. The provisions of this Settlement

Agreement and Order shall apply to,

and be binding upon, Respondent and

each of its shareholders, officers,

directors, employees, agents, successors,

assigns, and representatives, directly or

through any corporation, subsidiary,

division, or other business entity, or

through any agency, device, or

instrumentality.

Respondent Hanro USA, Inc.

Dated: December 26, 2000.

Niki Sachs,

President and Chief Executive Officer, Hanro

USA, Inc., 40 East 34th Street, New York,

NY 10016.

Commission Staff

Alan H. Schoem,

Assistant Executive Director, Consumer

Product Safety Commission, Office of

Compliance, Washington, DC 20207–0001.

Eric L. Stone,

Director, Legal Division, Office of

Compliance.

Dated: January 3, 2001.

Dennis C. Kacoyanis,

Trial Attorney, Legal Division, Office of

Compliance.

Order

Upon consideration of the Settlement

Agreement entered into between

Respondent Hanro USA, Inc.

(hereinafter, ‘‘Respondent’’), a

corporation, and the staff of the

Consumer Product Safety Commission

(‘‘Commission’’); and the Commission

having jurisdiction over the subject

matter and Respondent; and it

appearing that the Settlement

Agreement and Order is in the public

interest, IT IS

Ordered, that the Settlement

Agreement be and hereby is accepted,

and it is

Further Ordered, that upon final

acceptance of the Settlement Agreement

and Order, Respondent Hanro USA, Inc.

shall pay to the United States Treasury

a civil penalty in the amount of ONE

HUNDRED FIFTY THOUSAND AND

00/100 DOLLARS ($150,000.00) in three

(3) payments of FIFTY THOUSAND

AND 00/100 DOLLARS ($50,000.00)

each. The first payment of FIFTY

THOUSAND AND 00/100 DOLLARS

($50,000.00) shall be paid within twenty

(20) days after service of the Final Order

of the Commission (hereinafter, ‘‘the

anniversary date’’). The second payment

of FIFTY THOUSAND AND 00/100

DOLLARS ($50,000.00) shall be paid

within nine (9) months of the

anniversary date. The third payment

shall be paid within eighteen (18)

months of the anniversary date. Upon

the failure of Respondent Hanro USA,

Inc. to make a payment or upon the

making of a late payment by Respondent

Hanro USA, Inc. (a) the entire amount

of the civil penalty shall be due and

payable, and (b) interest on the

outstanding balance shall accrue and be

paid at the federal legal rate of interest

under the provisions of 28 U.S.C.

§§ 1961(a) and (b).

Provisionally accepted and

provisional Order issued on the 6th day

of February, 2001.

By Order of the Commission.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 01–3408 Filed 2–8–01; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Department of the Air Force

Proposed Collection; Common

Request

AGENCY: Department of the Air Force,

DoD.

ACTION: Notice.

In compliance with Section

3506(c)(2)(A) of the Paperwork

Reduction Act of 1995, the Department

of the Air Force announces the

proposed reinstatement of a public

information collection and seeks public

comment on the provisions thereof.

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the