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2496 Federal Register / Vol. 72, No.

12 / Friday, January 19, 2007 / Notices

MATTERS TO BE CONSIDERED: Surveillance Commission (‘‘the Commission’’) and IV. Nexgrill’s Response
Matters. Nexgrill Industries, Inc. (‘‘Nexgrill’’), a 10. Nexgrill denies the staff’s
CONTACT PERSON FOR MORE INFORMATION: corporation, in accordance with 16 CFR allegations that it violated the CPSA as
Eileen A. Donovan, 202–418–5100. 1118.20 of the Commission’s Procedures set forth in paragraphs 4 through 9
for Investigations, Inspections, and above.
Eileen A. Donovan, Inquiries under the Consumer Product
Acting Secretary of the Commission.
11. Nexgrill enters into this
Safety Act (‘‘CPSA’’). This Settlement Settlement Agreement to resolve the
[FR Doc. 07–228 Filed 1–17–07; 11:27 am] Agreement and the incorporated staff’s allegations without the time and
BILLING CODE 6351–01–M attached Order settle the staff’s expense of litigation. By agreeing to this
allegations set forth below. settlement, Nexgrill does not admit any
II. The Parties of the staff’s allegations of any fault,
CONSUMER PRODUCT SAFETY liability, or statutory or regulatory
COMMISSION 2. The Commission is an independent violation.
[CPSC Docket No. 07–C0002]
Federal regulatory agency responsible 12. Nexgrill voluntarily, and without
for the enforcement of the CPSA, 15 the Commission or the staff having first
Nexgrill Industries, Inc., a Corporation, U.S.C. 2051–2084. requested information from Nexgrill,
Provisional Acceptance of a 3. Nexgrill is a corporation organized reported the above matter under section
Settlement Agreement and Order and existing under the laws of the State 15(b) of the CPSA, 15 U.S.C. 2064(b)
of California with its principal corporate and offered to implement a voluntary
AGENCY: Consumer Product Safety office located at 280 Machlin Ct., corrective action that was accepted by
Commission. Walnut, CA 91789. Nexgrill is a the staff.
ACTION: Notice. manufacturer of gas grills, patio heaters,
outdoor fire pits, and kitchen food prep V. Agreement of the Parties
SUMMARY: It is the policy of the
carts. 13. The Commission has jurisdiction
Commission to publish settlements
over this matter and over Nexgrill under
which it provisionally accepts under the III. Allegations of the Staff
the Consumer Product Safety Act, 15
Consumer Product Safety Act in the
4. Between December 2003 and March U.S.C. 2051–2084.
Federal Register in accordance with the
2005, Nexgrill manufactured and sold 14. In settlement of the staff’s
terms of 16 CFR 1118.20(e). Published
nationwide approximately 16,000 allegations, Nexgrill agrees to pay a civil
below is a provisionally-accepted
Nexgrill Gas Grills (‘‘gas grills’’), Model penalty in the amount of $300,000.00 as
Settlement Agreement with Nexgrill
Number 720–0025. set forth in the attached incorporated
Industries, Inc., a corporation,
5. The gas grills are ‘‘consumer Order.
containing a civil penalty of $300,000.
products’’ and, at the times relevant 15. The parties enter this Settlement
DATES: Any interested person may ask Agreement for settlement purposes only.
the Commission not to accept this herein, Nexgrill was a ‘‘manufacturer’’
of those consumer products, which were The Settlement Agreement does not
agreement or otherwise comment on its constitute an admission by Nexgrill or a
contents by filing a written request with ‘‘distributed in commerce,’’ as those
terms are defined in sections 3(a)(1), (4), determination by the Commission that
the Office of the Secretary by February Nexgrill violated the CPSA’s reporting
5, 2007. (11), and (12) of the CPSA, 15 U.S.C.
2052(a)(1), (4), (11), and (12). requirements.
ADDRESSES: Persons wishing to 16. Upon provisional acceptance of
comment on this Settlement Agreement 6. Between April 2004 and October
this Agreement by the Commission, the
should send written comments to the 2005, Nexgrill received 20 reports of gas
Commission shall place this Agreement
Comment 07–C0002, Office of the grill fires, including three reports of
and Order on the public record and
Secretary, Consumer Product Safety minor burn injuries.
shall publish it in the Federal Register
Commission, 4330 East West Highway, 7. Although Nexgrill obtained in accordance with the procedures set
Room 502, Bethesda, Maryland 20814– sufficient information to support the forth in 16 CFR 1118.20(e). If the
4408. conclusion that the gas grills contained Commission does not receive any
FOR FURTHER INFORMATION CONTACT: a defect which could create a substantial written request not to accept the
Dennis C. Kacoyanis, Trial Attorney, product hazard, or created an Settlement Agreement and Order within
Office of Compliance and Field unreasonable risk of serious injury or 15 calendar days, the Agreement will be
Operations, Consumer Product Safety death at least 10 months before deemed finally accepted on the 16th
Commission, 4330 East West Highway, reporting, it failed to immediately calendar day after the date it is
Bethesda, Maryland 20814–4408; inform the Commission of such defect published in the Federal Register.
telephone (301) 504–7587. or risk as required by sections 15(b)(2) 17. Upon final acceptance of the
and (3) of the CPSA, 15 U.S.C. Agreement by the Commission and
SUPPLEMENTARY INFORMATION: The text of
2064(b)(2) and (3). issuance of the Final Order, Nexgrill
the Agreement and Order appears
below. 8. By failing to furnish information as knowingly, voluntarily, and completely
required by section 15(b) of the CPSA, waives any rights it may have in this
Dated: January 16, 2007. 15 U.S.C. 2064(b), Nexgrill knowingly matter to the following: (i) An
Todd A. Stevenson, violated section 19(a)(4) of the CPSA, 15 administrative or judicial hearing; (ii)
Secretary. U.S.C. 2068(a)(4), as the term judicial review or other challenge or
In the Matter of Nexgrill Industries, ‘‘knowingly’’ is defined in section 20(d) contest of the validity of the
Inc., a Corporation of the CPSA, 15 U.S.C. 2069(d). Commission’s actions; (iii) a
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9. Pursuant to section 20 of the CPSA, determination by the Commission as to


I. Settlement Agreement and Order 15 U.S.C. 2069, Nexgrill is subject to whether Nexgrill failed to comply with
1. This Settlement Agreement is made civil penalties for its failure to make a the CPSA and the underlying
by and between the staff (‘‘the staff’’) of timely report under section 15(b) of the regulations; (iv) a statement of findings
the U.S. Consumer Product Safety CPSA, 15 U.S.C. 2064(b). of fact or conclusions of law; and (v) any

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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2497

claims under the Equal Access to Justice Order (c) Cultural and community-based
Act. Upon consideration of the Settlement organizations with experience in
18. The Commission may publicize Agreement entered into between developing or operating programs to
the terms of the Settlement Agreement Nexgrill Industries, Inc., (‘‘Nexgrill’’) benefit Alaska Natives; and
and Order. and the staff of the Consumer Product (d) Consortia of organizations and
19. This Settlement Agreement and Safety Commission (‘‘the Commission’’); entities described in this paragraph to
Order shall apply to, and be binding and the Commission having jurisdiction carry out activities that meet the
upon, Nexgrill and each of its over the subject matter and Nexgrill; purposes of this program.
successors and assigns. and it appearing that the Settlement Note: A State educational agency (SEA) or
20. The Commission’s Order in this
Agreement and Order is in the public local educational agency (LEA) may apply for
matter is issued under the provisions of an award under this program only as part of
interest, it is ordered that the Settlement
the CPSA, 15 U.S.C. 2051–2084, and a a consortium involving an Alaska Native
Agreement be, and hereby, is accepted;
violation of this Order may subject organization. The consortium may include
and it is further ordered that Nexgrill
Nexgrill to appropriate legal action. other eligible applicants.
shall pay a civil penalty of THREE
21. This Settlement Agreement may
HUNDRED THOUSAND DOLLARS Estimated Available Funds: The
be used in interpreting the Order.
($300,000.00) in three installments as Administration has requested
Agreements, understandings,
follows: SEVENTY–FIVE THOUSAND $33,908,000 for this program for FY
representations, or interpretations made
DOLLARS ($75,000.00) shall be paid 2007, of which we intend to use an
outside of this Settlement Agreement
within twenty (20) calendar days of estimated $2,318,000 for new awards.
and Order may not be used to vary or
service of the Final Order upon Nexgrill; The actual level of funding, if any,
contradict its terms.
ONE–HUNDRED THOUSAND depends on final congressional action.
22. This Settlement Agreement shall
DOLLARS ($100,000.00) shall be paid However, we are inviting applications to
not be waived, changed, amended,
within one (1) year of service of the allow enough time to complete the grant
modified, or otherwise altered without
Final Order upon Nexgrill; and ONE process if Congress appropriates funds
written agreement thereto executed by
HUNDRED TWENTY–FIVE for this program. Contingent upon the
the party against whom such
THOUSAND DOLLARS ($125,000.00) availability of funds and the quality of
amendment, modification, alteration, or
shall be paid within two (2) years of applications, the Secretary may make
waiver is sought to be enforced.
23. If after the effective date hereof, service of the Final Order upon Nexgrill. additional awards in FY 2008 from the
any provision of this Settlement Upon the failure of Nexgrill to make any list of unfunded applicants from this
Agreement and Order is held to be of the foregoing payments when due, competition.
illegal, invalid, or unenforceable under the entire amount of the civil penalty Estimated Range of Awards:
present or future laws effective during shall become due and payable, and $300,000–$600,000.
interest on the outstanding balance shall Estimated Average Size of Awards:
the terms of the Settlement Agreement
accrue and be paid at the Federal legal $450,000.
and Order, such provisions shall be
rate of interest under the provisions of Estimated Number of Awards: 5–8.
fully severable. The rest of the
Settlement Agreement and Order shall 28 U.S.C. 1961(a) and (b). Note: The Department is not bound by any
remain in full effect, unless the Provisionally accepted and provisional estimates in this notice.
Commission and Nexgrill determine Order issued on the 12th day of January, Project Period: Up to 36 months.
that severing the provision materially 2007.
changes the purpose of the Settlement By Order of the Commission. Full Text of Announcement
Agreement and Order. Todd A. Stevenson, I. Funding Opportunity Description
Secretary, Consumer Product Safety
Nexgrill Industries, Inc. Purpose of Program: The purpose of
Commission.
Dated: January 2, 2007. this program is to develop and support
[FR Doc. 07–214 Filed 1–18–07; 8:45 am]
Sherman Lin,
BILLING CODE 6355–01–M
supplemental educational programs to
Vice President, Operations, Nexgrill benefit Alaska Natives. Permissible
Industries, Inc., 280 Machlin Court, activities under this program include
Walnut, CA 91789. the following: (1) Development and
Dated: January 3, 2007. DEPARTMENT OF EDUCATION
implementation of plans, methods, and
Mac. S. Dunaway, strategies to improve the education of
Office of Elementary and Secondary
Matthew F. Hall, Alaska Natives; (2) Development of
Dunaway & Cross, P.C., Attorneys for Education; Overview Information;
Alaska Native Education Program; curricula and educational programs that
Nexgrill, Industries, Inc., 1100 Connecticut address the educational needs of Alaska
Avenue, NW., Suite 410, Washington, DC Notice Inviting Applications for New
20036. Awards for Fiscal Year (FY) 2007 Native students; (3) Professional
development activities for educators; (4)
Commission.
Catalog of Federal Domestic Assistance Development and operation of home
John Gibson Mullan, (CFDA) Number: 84.356A. instruction programs for Alaska Native
Assistant Executive Director, Office of
Compliance and Field Operations, Dates: Applications Available: preschool children, to ensure the active
Consumer Product Safety Commission, January 19, 2007. involvement of parents in their
4330 East West Highway, Bethesda, MD Deadline for Transmittal of children’s education from the earliest
20814. Applications: March 5, 2007. ages; (5) Family literacy services; (6)
Ronald G. Yelenik, Eligible Applicants: (a) Alaska Native Development and operation of student
organizations; enrichment programs in science and
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Acting Director, Legal Division, Office of


Compliance and Field Operations. (b) Educational entities with mathematics; (7) Research and data
Dated: January 3, 2007. experience in developing or operating collection activities to determine the
Dennis C. Kacoyanis, Alaska Native programs or programs of educational status and needs of Alaska
Trial Attorney, Legal Division, Office of instruction conducted in Alaska Native Native children and adults; (8) Other
Compliance and Field Operations. languages; research and evaluation activities

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