60-day FRN

Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Notices
Observer Program, the National Marine
Fisheries Service (NMFS) collects the
data necessary to conserve and manage
the groundfish and halibut fisheries off
Alaska. Observers collect biological
samples and fishery-dependent
information used to estimate total catch
and interactions with protected species.
Managers use data collected by
observers to manage groundfish and
prohibited species catch within
established limits and to document and
reduce fishery interactions with
protected resources. Scientists use
observer data to assess fish stocks, to
provide scientific information for
fisheries and ecosystem research and
fishing fleet behavior, to assess marine
mammal interactions with fishing gear,
and to assess fishing interactions with
habitat.
All vessels and processors that
participate in federally managed or
parallel groundfish and halibut fisheries
off Alaska are assigned to one of two
categories: (1) The full observer
coverage category, where vessels and
processors obtain observer coverage by
contracting directly with observer
providers; or (2) the partial coverage
category, where NMFS, in consultation
with the North Pacific Fishery
Management Council determines when
and where observer coverage is needed.
Some vessels and processors may be in
full coverage for part of the year and
partial coverage at other times of the
year depending on the observer
coverage requirements for specific
fisheries. Funds for deploying observers
on vessels in the partial coverage
category are provided through a system
of fees based on the gross ex-vessel
value of retained groundfish and
halibut. This observer fee is assessed on
all landings by vessels that are not
otherwise in full coverage. Information
collected for the observer fee is
approved under OMB Control No. 0648–
0711.
Affected Public: Business or other forprofit organizations; individuals or
households.
Frequency: On occasion, weekly and
annually.
Respondent’s Obligation: Required to
obtain or retain benefits.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.

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Dated: November 23, 2018.
Sarah Brabson,
NOAA PRA Clearance Officer.
[FR Doc. 2018–25917 Filed 11–27–18; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; External Needs
Assessment for NOAA Education
Products and Programs
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:

The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before January 28, 2019.
ADDRESSES: Direct all written comments
to Jennifer Jessup, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6616,
14th and Constitution Avenue NW,
Washington, DC 20230 (or via the
internet at pracomments@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Bruce Moravchik, National
Ocean Service (NOS), 1305 East-West
Hwy., Bldg. SSMC4, Silver Springs, MD
20910–3278, (240) 533–0874,
bruce.moravchik@noaa.gov or Shannon
Ricles, NOS, Monitor National Marine
Sanctuary, 100 Museum Dr., Newport
News, VA 23602, (757) 591–7328,
shannon.ricles@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Abstract
This request is for a new voluntary
information collection.
NOAA Office of Education is
sponsoring a voluntary multi-question
survey to assess the needs of educators
pertaining to future NOAA multimedia
products and programs. In developing
multimedia materials that convey
NOAA’s science, service and
stewardship, the Agency must insure
that these resources are of the highest
quality and meet the needs of formal
and informal educators across the

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United States. To achieve this goal, it
will be necessary to conduct surveys
identifying the types of educational
programs and products of the highest
interest and greatest need by formal and
informal educators. By surveying
external educators to gather this
information, budget expenditures will
be used optimally to develop
appropriate products and programs
most desired by educators to support
and enhance Ocean, Earth science, and
related STEM education subjects
throughout our nation.
II. Method of Collection
The voluntary needs assessment
mechanism will be distributed via email
with a link to a Google form to external
educators subscribed to NOAA
education programs as well as their
partners email distribution lists. The
voluntary needs assessment mechanism
will also be distributed in person (paper
and electronically) at education
conferences, workshops, and other
venues hosting educators.
III. Data
OMB Control Number: 0648–xxxx.
Form Number(s): None.
Type of Review: New information
collection.
Affected Public: Individuals or
households; Business or other for-profit
organizations; Not-for-profit
institutions.
Estimated Number of Respondents:
1,000 annually.
Estimated Time per Response: Five
minutes per survey.
Estimated Total Annual Burden
Hours: 83 hours.
Estimated Total Annual Cost to
Public: $0.00 in recordkeeping/reporting
costs.
IV. Request for Comments
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
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;

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Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Notices

they also will become a matter of public
record.
Dated: November 23, 2018.
Sarah Brabson,
NOAA PRA Clearance Officer.

Dated: November 23, 2018.
Alberta E. Mills,
Secretary.

[FR Doc. 2018–25918 Filed 11–27–18; 8:45 am]

UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY
COMMISSION
In the Matter of: EKO DEVELOPMENT,
LTD. and EKO USA, LLC
CPSC Docket No.: 19–C0002

BILLING CODE 3510–12–P

CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 19–C0002]

EKO Development, Ltd. and EKO USA,
LLC, Provisional Acceptance of a
Settlement Agreement and Order
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:

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 the Consumer Product Safety
Commission’s regulations. Published
below is a provisionally-accepted
Settlement Agreement with EKO
Development, Ltd. and EKO USA, LLC,
containing a civil penalty in the amount
of one million dollars ($1,000,000),
subject to the terms and conditions of
the Settlement Agreement.1
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 December
13, 2018.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to
Comment 19–C0002, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Michele Melnick, Trial Attorney,
Division of Compliance, Office of the
General Counsel, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, Maryland 20814–
4408; telephone (301) 504–7592.
SUMMARY:

1 The Commission voted 3–2 to provisionally
accept the proposed Settlement Agreement and
Order regarding EKO Development, Ltd. and EKO
USA, LLC. Acting Chairman Buerkle, Commissioner
Baiocco and Commissioner Feldman voted to
provisionally accept the Settlement Agreement and
Order. Commissioner Adler and Commissioner
Kaye voted to take other action. Commissioner
Adler and Commissioner Kaye submitted a joint
dissenting opinion regarding the matter. The
dissenting opinion is available on the CPSC
website, www.cpsc.gov.

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The text of
the Agreement and Order appears
below.

SUPPLEMENTARY INFORMATION:

SETTLEMENT AGREEMENT
1. In accordance with the Consumer
Product Safety Act, 15 U.S.C. §§ 20512089 (‘‘CPSA’’) and 16 C.F.R. § 1118.20,
EKO Development, Ltd. and EKO USA,
LLC (collectively, ‘‘EKO’’) and the
United States Consumer Product Safety
Commission (‘‘Commission’’), through
its staff, hereby enter into this
Settlement Agreement (‘‘Agreement’’).
The Agreement and the incorporated
attached Order resolve staff’s charges set
forth below.
THE PARTIES
2. The Commission is an independent
federal regulatory agency, established
pursuant to, and responsible for, the
enforcement of the CPSA, 15 U.S.C.
§§ 2051–2089. By executing the
Agreement, staff is acting on behalf of
the Commission, pursuant to 16 C.F.R.
§ 1118.20(b). The Commission issues the
Order under the provisions of the CPSA.
3. EKO Development, Ltd. (‘‘EKO
Development’’) is a corporation,
organized and existing under the laws of
China, with its principal place of
business in China. EKO USA, LLC
(‘‘EKO USA’’) is a corporation,
organized and existing under the laws of
the state of Nevada, with its principal
place of business in Stuart, Florida.
STAFF CHARGES
4. Between November 2013 and May
2015, EKO manufactured approximately
367,000 EKO Sensible Eco Living Trash
Cans (‘‘Subject Products’’ or ‘‘Trash
Cans’’). The Trash Cans are 80 liter
stainless steel, metal-cylinder Trash
Cans with a black plastic protective
collar in the opening on the back of the
Trash Can.
5. The Trash Cans were sold
exclusively at Costco Wholesale
Corporation at its warehouse stores
throughout the United States from
December 2013 through May 2015.
6. The Trash Cans are a ‘‘consumer
product,’’ ‘‘distribut[ed] in commerce,’’
as those terms are defined or used in
sections 3(a)(5) and (8) of the CPSA, 15
U.S.C. § 2052(a)(5) and (8). EKO is a
‘‘manufacturer’’ as such term is defined

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in section 3(a)(11) of the CPSA, 15
U.S.C. § 2052(a)(11).
7. The Trash Cans contain a defect
which could create a substantial
product hazard or create an
unreasonable risk of serious injury
because the black plastic protective
collar in the opening on the back of the
Trash Can can detach from the sharp
metal handle, posing a laceration hazard
to consumers.
8. Beginning in April 2014, EKO
received complaints from consumers
who received laceration injuries,
including some serious injuries as
defined in 16 C.F.R. § 1115.6(c), from
the sharp metal handle of the Trash
Cans.
9. In August 2014, EKO approved a
design change to the Trash Cans to add
a two-piece plastic handle cover to
address the laceration hazard. The
design change was implemented on the
Trash Cans that were produced in
August 2014 and shipped to Costco in
September 2014.
10. Despite having information that
reasonably supported the conclusion
that the Trash Cans contained a defect
or created an unreasonable risk of
serious injury or death, EKO did not
notify the Commission immediately of
such defect or risk, as required by
sections 15(b)(3) and (4) of the CPSA, 15
U.S.C. §§ 2064(b)(3) and (4).
11. EKO and the CPSC jointly
announced a recall of 367,000 Trash
Cans on July 17, 2015, because the
Trash Cans posed a laceration risk to
consumers.
12. In failing to immediately inform
the Commission about the defect or
unreasonable risk associated with the
Trash Cans, EKO knowingly violated
section 19(a)(4) of the CPSA, 15 U.S.C.
§ 2068(a)(4), as the term ‘‘knowingly’’ is
defined in section 20(d) of the CPSA, 15
U.S.C. § 2069(d).
13. Pursuant to Section 20 of the
CPSA, 15 U.S.C. § 2069, EKO is subject
to civil penalties for its knowing
violation of section 19(a)(4) of the
CPSA, 15 U.S.C. § 2068(a)(4).
RESPONSE OF EKO
14. EKO’s settlement of this matter
does not constitute an admission of
staff’s charges as set forth in paragraphs
4 through 13 above.
15. EKO Development, Ltd. is a small
Chinese company based in Guangzhou,
China. EKO was completely unaware of
the CPSC reporting requirements. EKO
relied upon its third party insurance
administrator to handle the claims
received from consumers and was never
advised of the potential obligation to
report under sections 15(b)(3) and (4) of
the CPSA, 15 U.S.C. § 2064(b)(3) and (4).

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