Notices. Notice of a public meeting

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BILLING CODE 3510-DR-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 122006A] New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Habitat/Marine Protected Area (MPA)/Ecosystem Committee in January, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ).

Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: The meeting will be held on Tuesday, January 16, 2007, at 9:30 a.m. ADDRESSES: The meeting will be held at the Courtyard by Marriott, 32 Exchange Terrace, Providence, RI 02903; telephone:

(401)272-1191; fax:

(401)752-3042. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:

(978)465-0492. SUPPLEMENTARY INFORMATION: The Committee will review and update Essential Fish Habitat

(EFH)designations. The committee will also consider designation of Habitat Areas of Particular Concern. In addition, the committee will have an update of prey species description for species in the Fishery Management Unit and an update on non-fishing impacts. The Committee will consider other topics at their discretion including, but not limited to, actionable items related to the EFH Omnibus Amendment. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at

(978)465-0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: December 20, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-22054 Filed 12-22-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 122006B] New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee in January, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: The meeting will be held on Wednesday, January 17, 2007, at 9:30 a.m. ADDRESSES: The meeting will be held at the Courtyard by Marriott, 32 Exchange Terrace, Providence, RI 02903; telephone:

(401)272-1191; fax:

(978)465-0492. SUPPLEMENTARY INFORMATION: The Committee will receive a staff update on ongoing activities including the NOAA Fisheries Experimental Fishing Permit Guidelines in the Northeast Region. The committee also will review the NMFS-funded pilot cod industry-based survey

(IBS)project in the context of similar projects completed in the New England and Mid-Atlantic regions. It will develop recommendations concerning further IBS work in New England. In addition, the committee will briefly review of the status of the pilot study fleet project and develop advice concerning next steps. The committee will have an initial discussion on 2007 research priorities and evaluate final reports completed for several cooperative research project. Other topics may be discussed at the committee's discretion. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at

(978)465-0492, at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 *et seq.* Dated: December 20, 2006. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E6-22055 Filed 12-22-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 122006C] New England Fishery Management Council; Public Meeting AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce ACTION: Notice of a public meeting. SUMMARY: The New England Fishery Management Council (Council) is scheduling a public meeting of its Multispecies (Groundfish) Oversight Committee (Committee) in January, 2007, to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate. DATES: The meeting will be held on Thursday, January 18, 2007, at 9 a.m. ADDRESSES: The meeting will be held at the Holiday Inn, 31 Hampshire Street, Mansfield, MA 02048; telephone:

(508)339-2200; fax:

(508)337-8677. *Council address* : New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone:

(978)465-0492. SUPPLEMENTARY INFORMATION: The Council has begun development of Amendment 16 to the Northeast Multispecies Fishery Management Plan (FMP). This amendment will adjust measures as necessary to continue the stock rebuilding programs adopted by Amendment 13 to the FMP on May 1, 2004. The amendment may also consider other adjustments to management measures or alternatives to the effort control system currently used to manage the multispecies fishery. On November 6, 2006, the Council published a Notice of Intent

(NOI)to prepare a Supplementary Environmental Impact Statement

(SEIS)to support this amendment (71 FR 64941) and announced a scoping period that ended on December 29, 2006. The Committee will meet to review comments received during the scoping period. Based on this review, the Committee will develop recommendations for what issues and ideas should be considered in the development of the amendment and SEIS. Since alternative management system proposals will probably be received during the scoping period, the Committee may begin to evaluate those proposals and recommend which should be further developed for consideration. These recommendations will be considered by the full Council at its meeting in February, 2007. The Committee will also meet in closed session to discuss Advisory Panel appointments. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Act, provided the public has been notified of the Council's intent to take final action to address the emergency.Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard, Executive Director, at

(CITA)ACTION: Directive to the Commissioner of Customs and Border Protection. SUMMARY: The Committee for the Implementation of Textile Agreements

(CITA)has determined that certain textile and apparel goods from Niger shall be treated as “handloomed, handmade, folklore articles, or ethnic printed fabrics” and qualify for preferential treatment under the African Growth and Opportunity Act. Imports of eligible products from Niger with an appropriate visa will qualify for duty-free treatment. EFFECTIVE DATE: January 3, 2007. FOR FURTHER INFORMATION CONTACT: Anna Flaaten, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce,

(202)482-3400. SUPPLEMENTARY INFORMATION: Authority: Sections 112(a) and 112(b)(6) of the African Growth and Opportunity Act (Title I of the Trade and Development Act of 2000, Pub. L. No. 106-200) (“AGOA”), as amended by Section 7(c) of the AGOA Acceleration Act of 2004 (Pub. L. 108-274) (“AGOA Acceleration Act”) (19 U.S.C. § 3721(a) and (b)(6)); Sections 2 and 5 of Executive Order No. 13191 of January 17, 2001; Sections 25-27 and Paras. 13-14 of Presidential Proclamation 7912 of June 29, 2005. AGOA provides preferential tariff treatment for imports of certain textile and apparel products of beneficiary sub-Saharan African countries, including handloomed, handmade, or folklore articles of a beneficiary country that are certified as such by the competent authority in the beneficiary country. The AGOA Acceleration Act further expanded AGOA by adding ethnic printed fabrics to the list of textile and apparel products made in the beneficiary sub-Saharan African countries that may be eligible for the preferential treatment described in section 112(a) of the AGOA. In Executive Order 13191 (January 17, 2001) and Presidential Proclamation 7912 (June 29, 2005), the President authorized CITA to consult with beneficiary sub-Saharan African countries and to determine which, if any, particular textile and apparel goods shall be treated as being hand-loomed, handmade, folklore articles, or ethnic printed fabrics. (66 FR 7271-72 and 70 FR 37959, 37961 & 63) In a letter to the Commissioner of Customs dated January 18, 2001, the United States Trade Representative directed Customs to require that importers provide an appropriate export visa from a beneficiary sub-Saharan African country to obtain preferential treatment under section 112(a) of the AGOA (66 FR 7837). The first digit of the visa number corresponds to one of nine groupings of textile and apparel products that are eligible for preferential tariff treatment. Grouping “9” is reserved for handmade, handloomed, folklore articles, or ethnic printed fabrics. CITA has consulted with Nigerien authorities and has determined that handloomed fabrics, handloomed articles (e.g., handloomed rugs, scarves, place mats, and tablecloths), handmade articles made from handloomed fabrics, and the folklore articles described in Annex A and ethnic printed fabric described in Annex B to this notice, if produced in and exported from Niger, are eligible for preferential tariff treatment under section 112(a) of the AGOA, as amended. After further consultations with Nigerien authorities, CITA may determine that additional textile and apparel goods shall be treated as folklore articles or ethnic printed fabrics. In the letter published below, CITA directs the Commissioner of Customs and Border Protection to allow duty-free entry of such products under U.S. Harmonized Tariff Schedule subheading 9819.11.27 if accompanied by an appropriate AGOA visa in grouping “9”. Philip J. Martello, Acting Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile Agreements December 18, 2006. Commissioner, *Bureau of Customs and Border Protection, Washington, DC 20229.* Dear Commissioner: The Committee for the Implementation of Textiles Agreements (“CITA”), pursuant to Sections 112(a) and (b)(6) of the African Growth and Opportunity Act (Title I of the Trade and Development Act of 2000, Pub. L. No. 106-200) (“AGOA”), as amended by Section 7(c) of the AGOA Acceleration Act of 2004 (Pub. L. 108-274) (“AGOA Acceleration Act“) (19 U.S.C. § 3721(a) and (b)(6)), Executive Order No. 13191 of January 17, 2001, and Presidential Proclamation 7912 of June 29, 2005, has determined, effective on January 3, 2007, that the following articles shall be treated as “handloomed, handmade, folklore articles, and ethnic printed fabrics” under the AGOA:

(a)handloomed fabrics, handloomed articles (e.g., handloomed rugs, scarves, placemats, and tablecloths), and handmade articles made from handloomed fabrics, if made in Niger from fabric handloomed in Niger;

(b)the folklore articles described in Annex A; and

(c)ethnic printed fabrics described in Annex B if made in Niger. Such articles are eligible for duty-free treatment only if entered under subheading 9819.11.27 and accompanied by a properly completed visa for product grouping “9”, in accordance with the provisions of the Visa Arrangement between the Government of Niger and the Government of the United States Concerning Textile and Apparel Articles Claiming Preferential Tariff Treatment under Section 112 of the Trade and Development Act of 2000. After further consultations with Nigerien authorities, CITA may determine that additional textile and apparel goods shall be treated as folklore articles or ethnic printed fabrics. Sincerely, Philip J. Martello, *Acting Chairman, Committee for the Implementation of Textile Agreements.* **ANNEX A: Nigerien Folklore Products** CITA has determined that the following textile and apparel goods shall be treated as folklore articles for purposes of the AGOA if such goods are made in Niger. Articles must be ornamented in characteristic Nigerien or regional folk style. An article may not include modern features such as zippers, elastic, elasticized fabrics, snaps, or hook-and-pile fasteners (such as velcroc or similar holding fabric). An article may not incorporate patterns that are not traditional or historical to Niger, such as airplanes, buses, cowboys, or cartoon characters and may not incorporate designs referencing holidays or festivals not common to traditional Nigerien culture, such as Halloween and Thanksgiving. **Eligible folklore articles:** **(a) Tera-Tera Blanket/Tapestry:** Strips of handloomed fabric, usually 4 1/2 inches wide, hand or machine sewn together to make a larger piece of fabric, dyed with natural dyes, striped. Uses include blankets, bedspreads, interior decoration accessories, and are used in traditional marriage ceremonies. **(b) Boubou with hand-stitched embroidery:** Made of handloomed strips of fabric, hand or machine sewn together, as described in (a), the garment is a traditional smock and may be accompanied by matching trousers. The garment is a natural cotton color, has an asymmetrical neckline and typically a center chest pocket immediately below the neckline. The front and back of the neckline is embellished in gray and blue hand-stitched embroidery **(c) Ladies' Boubou Style Dresses** : This ladies' dress is a loose-fitting garment with large open armholes, may come with matching scarf, and is of bright solid colored machine-made fabric, or a machine-made lace-type fabric. Garment is decorated with hand or machine-sewn embroidery around the round or U-shaped neckline and the back of the shoulder, often in a cross-patterned motif. The garment may be full or half-length. **(d) Fulani Wodabe Loincloth/Wrap Skirt:** This single piece of fabric garment is made of handloomed cotton strips of fabric, left in a natural cotton color, or dyed with a deep blue or black natural dyes. The wrap is heavily decorated with embroidery of colorful yarns along bottom hem and may be trimmed in a geometric-shaped machine-made fabric applique. The wrap also has fringes on two ends. Size measures approximately 1 x 1.5 meters. **(e) Touareg Trousers:** Loose-fitting men's trousers made of solid-colored machine-made fabric. Garments have side-seam pockets and are embroidered along the bottom cuff and/or down side-seam. **(f) Ladies Wodabe Embroidered Shirt and Wrap Skirt:** Straight-seamed, sleeveless shirt and accompanying wrap skirt, it is made of machine-made shiny cotton fabric, embellished with embroidery down the center front and bottom hem of wrap skirt. **(g) Fulani Wodabe Traditional Dress:** This garment is made of hand-woven strips of fabric hand-sewn together left in a natural cotton color, or dyed black using natural dyes. The entire garment is embellished with embroidery in white, orange, green and yellow thread, and may have leather tassels and sea shells attached to sleeves or bottom hem. Edges may be trimmed with a geometric-shaped machine-made fabric applique. The garment comes in various lengths. 1. Men's traditional dress: Garment has a neck hole and drapes on the front and the back to approximately mid-thigh, sides open, and has a body armor-type appearance. 2. Women's traditional shirt and wrap skirt: Garment is straight-seamed, sleeveless shirt with a U-shaped neckline, extending down to the waistline. Garment may come with matching wrap skirt. **ANNEX B: Nigerien Ethnic Printed Fabrics** Each ethnic print must meet all of the criteria listed below: A) selvedge on both edges B) width of less than 50 inches C) classifiable under subheading 5208.52.30 1 or 5208.52.40 2 of the Harmonized Tariff Schedule of the United States 1 printed plain weave fabrics of cotton, 85% or more cotton by weight, weighing over 100g/m2 but not more than 200 g/m2, of yarn number 42 or lower 2 printed plain weave fabrics of cotton, 85% or more cotton by weight, weighing over 100g/m2 but not more than 200g/m2, of yarn numbers 43-68 D) contains designs, symbols, and other characteristics of African prints normally produced for and sold in Africa by the piece. E) made from fabric woven in the U.S. using U.S. yarn or woven in one or more eligible sub-Saharan beneficiary countries using U.S or African yarn F) printed, including waxed, in one or more eligible sub-Saharan beneficiary countries [FR Doc. E6-21991 Filed 12-22-06; 8:45 am] BILLING CODE 3510-DS-S COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Determination under the African Growth and Opportunity Act December 18, 2006. AGENCY: Committee for the Implementation of Textile Agreements

(CITA)ACTION: Directive to the Commissioner of Customs and Border Protection. SUMMARY: The Committee for the Implementation of Textile Agreements

(CITA)has determined that certain additional textile and apparel goods from the United Republic of Tanzania shall be treated as “handloomed, handmade, folklore articles, or ethnic printed fabrics” and qualify for preferential treatment under the African Growth and Opportunity Act. Imports of eligible products from Tanzania with an appropriate visa will qualify for duty-free treatment. EFFECTIVE DATE: January 10, 2007 FOR FURTHER INFORMATION CONTACT: Anna Flaaten, International Trade Specialist, Office of Textiles and Apparel, U.S. Department of Commerce,

(202)482-3400. SUPPLEMENTARY INFORMATION: Authority: Authority: Sections 112(a) and 112(b)(6) of the African Growth and Opportunity Act (Title I of the Trade and Development Act of 2000, Pub. L. No. 106-200) (“AGOA”), as amended by Section 7(c) of the AGOA Acceleration Act of 2004 (Pub. L. 108-274) (“AGOA Acceleration Act”) (19 U.S.C. § 3721(a) and (b)(6)); Sections 2 and 5 of Executive Order No. 13191 of January 17, 2001; Sections 25-27 and Paras. 13-14 of Presidential Proclamation 7912 of June 29, 2005. AGOA provides preferential tariff treatment for imports of certain textile and apparel products of beneficiary sub-Saharan African countries, including handloomed, handmade, or folklore articles of a beneficiary country that are certified as such by the competent authority in the beneficiary country. The AGOA Acceleration Act further expanded AGOA by adding ethnic printed fabrics to the list of textile and apparel products made in the beneficiary sub-Saharan African countries that may be eligible for the preferential treatment described in section 112(a) of the AGOA. In Executive Order 13191 (January 17, 2001) and Presidential Proclamation 7912 (June 29, 2005), the President authorized CITA to consult with beneficiary sub-Saharan African countries and to determine which, if any, particular textile and apparel goods shall be treated as being handloomed, handmade, folklore articles, or ethnic printed fabrics. (66 FR 7271-72 and 70 FR 37959, 37961 & 63) In a letter to the Commissioner of Customs dated January 18, 2001, the United States Trade Representative directed Customs to require that importers provide an appropriate export visa from a beneficiary sub-Saharan African country to obtain preferential treatment under section 112(a) of the AGOA (66 FR 7837). The first digit of the visa number corresponds to one of nine groupings of textile and apparel products that are eligible for preferential tariff treatment. Grouping “9” is reserved for handmade, handloomed, folklore articles, or ethnic printed fabrics. CITA has consulted with Tanzanian authorities and has previously determined that handloomed fabrics, handloomed articles (e.g., handloomed rugs, scarves, place mats, and tablecloths), handmade articles made from handloomed fabrics, and certain folklore articles are eligible for preferential treatment (69 FR 54268). This directive expands Tanzania's existing Category 9 treatment to include certain ethnic printed fabrics described in Annex A to this notice, if produced in and exported from Tanzania. These goods are eligible for preferential tariff treatment under section 112(a) of the AGOA, as amended. In the letter published below, CITA directs the Commissioner of Customs and Border Protection to allow duty-free entry of such products under U.S. Harmonized Tariff Schedule subheading 9819.11.27 if accompanied by an appropriate AGOA visa in grouping “9”. Philip J. Martello, Acting Chairman, Committee for the Implementation of Textile Agreements. Committee for the Implementation of Textile Agreements December 18, 2006. Commissioner, *Bureau of Customs and Border Protection, Washington, DC 20229.* Dear Commissioner: The Committee for the Implementation of Textiles Agreements (“CITA”), pursuant to Sections 112(a) and (b)(6) of the African Growth and Opportunity Act (Title I of the Trade and Development Act of 2000, Pub. L. No. 106-200) (“AGOA”), as amended by Section 7(c) of the AGOA Acceleration Act of 2004 (Pub. L. 108-274) (“AGOA Acceleration Act”) (19 U.S.C. § 3721(a) and (b)(6)), Executive Order No. 13191 of January 17, 2001, and Presidential Proclamation 7912 of June 29, 2005, has determined, effective on January 10, 2007, that ethnic printed fabrics described in Annex A are eligible for duty-free treatment only if entered under subheading 9819.11.27 and accompanied by a properly completed visa for product grouping “9”, in accordance with the provisions of the Visa Arrangement between the Government of the United Republic of Tanzania and the Government of the United States Concerning Textile and Apparel Articles Claiming Preferential Tariff Treatment under Section 112 of the Trade and Development Act of 2000. After further consultations with Tanzanian authorities, CITA may determine that additional textile and apparel goods shall be treated as folklore articles or ethnic printed fabrics. Sincerely, Philip J. Martello, *Acting Chairman, Committee for the Implementation of Textile Agreements.* **ANNEX A: Tanzanian Ethnic Printed Fabrics: the Khanga** Each Khanga must meet all of the criteria listed below: A) selvedge on both edges B) width of less than 50 inches C) classifiable under subheading 5208.52.30 1 or 5208.52.40 2 of the Harmonized Tariff Schedule of the United States 1 printed plain weave fabrics of cotton, 85% or more cotton by weight, weighing over 100g/m2 but not more than 200 g/m2, of yarn number 42 or lower 2 printed plain weave fabrics of cotton, 85% or more cotton by weight, weighing over 100g/m2 but not more than 200g/m2, of yarn numbers 43-68 D) contains designs, symbols, and other characteristics of African prints normally produced for and sold in Africa by the piece (each fixed length measures approximately 3.35 meters long by 1.15 meters wide). E) each design contains a two matching panels with center motifs, matching borders, and wording representing a saying in Swahili or other language. These panels are sold in a pair. F) made from fabric woven in the U.S. using U.S. yarn or woven in one or more eligible sub-Saharan beneficiary countries using U.S or African yarn G) printed, including waxed, in one or more eligible sub-Saharan beneficiary countries H) must be manufactured by one of the companies listed below: i. Urafiki - Tanzania China Friendship Textile Factory ii. Karibu Textile Mills iii. Lakhani Industries iv. Nida Industries (Formerly Sunguratex) v. African Pride vi. Morogoro Polyester vii. Mohamed Enterprises (Formerly Seifee Industry) viii. Musoma Textile Factory ix. Mwanza Textile Factory [FR Doc. E6-21992 Filed 12-22-06; 8:45 am] BILLING CODE 3510-DS-S CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. 07-C0001] Black Dog Tavern Company, 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 Black Dog Tavern Company, Inc., containing a civil penalty of $50,000. 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 January 10, 2007. ADDRESSES: Persons wishing to comment on this Settlement Agreement should send written comments to the Comment 07-C0001, Office of the Secretary, Consumer Product Safety Commission, Washington, DC 20207. FOR FURTHER INFORMATION CONTACT: Seth B. Popkin, Trial Attorney, Office of Compliance, Consumer Product Safety Commission, Washington, DC 20207; telephone

(301)504-7612. SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears below. Dated: December 18, 2006. Todd A. Stevenson, Secretary. Settlement Agreement and Order 1. In accordance with 16 CFR 1118.20, Black Dog Tavern Company, Inc. (“BDT”) 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”) settle the Staff's allegations set forth below. Parties 2. The Commission in 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. BDT is a corporation organized and existing under the laws of Massachusetts, with its principal offices located in Vineyard Haven, Massachusetts. At all times relevant hereto, BDT sold apparel and accessories. Staff Allegations 4. From May 2004 through January 2006, BDT sold approximately 9,700 children's hooded sweatshirts with drawstrings through the hoods, style numbers K086, K088, K090, K062, and K0639 (“Drawstring Sweatshirts”). 5. The Drawstring Sweatshirts are “consumer product(s),” and, at all times relevant hereto, BDT was a “retailer” of those consumer product(s), which were “distributed in commerce,” as those terms are defined in CPSA sections 3(a)(1), (6), (11), and (12), 15 U.S.C. 2052(a)(1), (6), (11), and (12). 6. Although BDT reported no incidents or injuries from the Drawstring Sweatshirts, the Drawstring Sweatshirts did not meet ASTM F1816-97 and posed a strangulation hazard to children. 7. On February 15, 2006, the Commission and BDT announced a recall of the Drawstring Sweatshirts, informing consumers that they should immediately remove the drawstrings to eliminate the hazard. The recall plan, in part, required BDT to remove the drawstrings from the 7,326 Drawstring Sweatshirts in its inventory. 8. On May 19, 2006, the Commission posted on its website a letter from the Commission's Director of the Office of Compliance to manufacturers, importers, and retailers of children's upper outerwear. The letter urged them to make certain that all children's upper outerwear sold in the Untied States complies with the ASTM standard. The letter stated 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 noted the CPSA's section 15(b) reporting requirements. 9. On August 29, 2006, CPSC investigators listed two BDT stores, observed a total of 12 Drawstring Sweatshirts for sale, and purchased a total of three Drawstring Sweatshirts. 10. BDT's distribution in commerce of the Drawstring Sweatshirts through August 2006 failed to abide by the February 2006 corrective action plan and recall, the ASTM standard, and the staff's May 2006 defect notice. 11. BDT has presumed and actual knowledge that the Drawstring Sweatshirts distributed and sold after the recall 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). BDT had obtained information that reasonably supported the conclusion that the Drawstring Sweatshirts distributed and sold after the recall 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 BDT to immediately inform the Commission of the defect and risk. 12. BDT did not report to the Commission regarding the post-recall distribution and sale of the Drawstring Sweatshirts until after the Staff informed BDT of the CPSC's August 29, 2006 purchase of the Drawstring Sweatshirts. BDT thereby failed to immediately inform the Commission as required by CPSA sections 15(b)(2) and (3), 15 U.S.C. 2064(b)(2) and (3). This failure violated CPSA section 19(a)(4), 15 U.S.C. 2068(a)(4). 13. BDT knowingly failed to immediately inform the Commission of the defect and risk posed by the post-recall distribution and sale of the Drawstring Sweatshirts, as the term “knowingly” is defined in CPSA section 20(d), 15 U.S.C. 2069(d). Pursuant to CPSA section 20, 15 U.S.C. 2069, this failure subjected BDT to civil penalties. BDT Response 14. BDT denies the Staff's allegations set forth above that BDT knowingly violated the CPSA. Agreement of the Parties 15. Under the CPSA, the Commission has jurisdiction over this matter and over BDT. 16. The parties enter into the Agreement for settlement purposes only. The Agreement does not constitute an admission by BDT, or a determination by the Commission, that BDT has knowingly violated the CPSA. 17. In settlement of the Staff's allegations, BDT shall pay a civil penalty in the amount of fifty thousand dollars ($50,000.00). The civil penalty shall be paid in four

(4)installments as follows: $12,500.00 shall be paid within twenty

(20)calendar days of service of the Commission's final Order accepting the Agreement; $12,500.00 shall be paid on or before the six-month anniversary of service of the Commission's final Order accepting the Agreement; $12,500.00 shall be paid on or before the one-year anniversary of service of the Commission's final Order accepting the Agreement; and $12,500.00 shall be paid on or before the eighteen-month anniversary of service of the Commission's final Order accepting the Agreement. Each payment shall be by check payable to the order of the United States Treasury. 18. Upon the Commission's 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). If the Commission does not receive any written request not to accept the Agreement within fifteen

(15)days, the Agreement shall be deemed finally accepted on the sixteenth

(16th)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, BDT 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 Commission's Order or actions;

(3)a determination by the Commission of whether BDT 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 Order. 21. The Agreement and Order shall apply to, and be binding upon, BDT 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 BDT 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 Order may not be used to vary or contradict its terms. The Agreement shall not be waived, amended, modified, or otherwise altered, except in a writing that is executed by the party against whom such waiver, amendment, modification, or alteration is sought to be enforced. 24. If after the effective date hereof, any provision of the Agreement and Order is held to be illegal, invalid, or unenforceable under present or future laws effective during the terms of the Agreement and Order, such provision shall be fully severable. The balance of the Agreement and Order shall remain in full force and effect, unless the Commission and BDT agree that severing the provision materially affects the purpose of the Agreement and Order. Black Dog Tavern Company, Inc. Dated: December 1, 2006. Robert S. Douglas, Sr., *President, Black Dog Tavern Company, Inc., P.O. Box 2219, Beach Street Extension, Vineyard Haven, MA 02568.* Dated: November 20, 2006. Counsel for Black Dog Tavern Company, Inc. Michael J. Gidding, Esq., *Brown & Gidding, PC, 3201 New Mexico Avenue, NW., Washington, DC 20016.* 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: December 6, 2006. Seth B. Popkin, *Trial Attorney, Legal Division, Office of Compliance and Field Operations.* Order Upon consideration of the Settlement Agreement entered into between Black Dog Tavern Company, Inc. (“BDT”) and the U.S. Consumer Product Safety Commission (“Commission”) staff, and the Commission having jurisdiction over the subject matter and over BDT, 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 BDT shall pay a civil penalty in the amount of fifty thousand dollars ($50,000.00). The civil penalty shall be paid in four

(4)installments as follows: $12,500.00 shall be paid within twenty

(20)calendar days of service of the final Order upon BDT; $12,500.00 shall be paid on or before the six-month anniversary of service of the final Order upon BDT; $12,500.00 shall be paid on or before the one-year anniversary of service of the final Order upon BDT; and $12,500.00 shall be paid on or before the eighteen-month anniversary of service of the final Order upon BDT. The payment shall be made by check payable to the order of the United States Treasury. Upon the failure of BDT to make any of the foregoing payments when due, interest on the unpaid amount shall accrue and be paid by BDT 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 18th day of December, 2006. By Order of the Commission. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 06-9840 Filed 12-22-06; 8:45 am]

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U.S. Code