81_FR_17744 81 FR 17683 - Gree Electric Appliances, Inc. of Zhuhai, Hong Kong Gree Electric Appliances Sales Co., Ltd., and Gree USA Sales, Ltd., Provisional Acceptance of a Settlement Agreement and Order

81 FR 17683 - Gree Electric Appliances, Inc. of Zhuhai, Hong Kong Gree Electric Appliances Sales Co., Ltd., and Gree USA Sales, Ltd., Provisional Acceptance of a Settlement Agreement and Order

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 81, Issue 61 (March 30, 2016)

Page Range17683-17686
FR Document2016-07124

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 Gree Electric Appliances, Inc. of Zhuhai, Hong Kong Gree Electric Appliances Sales Co., Ltd., and Gree USA Sales, Ltd. containing a civil penalty in the amount of fifteen million four hundred fifty thousand dollars (US$15,450,000) within thirty (30) days of service of the Commission's final Order accepting the Settlement Agreement.\1\ ---------------------------------------------------------------------------

Federal Register, Volume 81 Issue 61 (Wednesday, March 30, 2016)
[Federal Register Volume 81, Number 61 (Wednesday, March 30, 2016)]
[Notices]
[Pages 17683-17686]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-07124]


=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 16-C0002]


Gree Electric Appliances, Inc. of Zhuhai, Hong Kong Gree Electric 
Appliances Sales Co., Ltd., and Gree USA Sales, Ltd., 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 
Gree Electric Appliances, Inc. of Zhuhai, Hong Kong Gree Electric 
Appliances Sales Co., Ltd., and Gree USA Sales, Ltd. containing a civil 
penalty in the amount of fifteen million four hundred fifty thousand 
dollars (US$15,450,000) within thirty (30) days of service of the 
Commission's final Order accepting the Settlement Agreement.\1\
---------------------------------------------------------------------------

    \1\ The Commission voted (4-1) to provisionally accept the 
Settlement Agreement and Order regarding Gree Electric Appliances, 
Inc. of Zhuhai, Hong Kong Gree Electric Appliances Sales Co., Ltd., 
and Gree USA Sales, Ltd. Chairman Kaye, Commissioner Adler, 
Commissioner Robinson and Commissioner Mohorovic voted to 
provisionally accept the Settlement Agreement and Order. 
Commissioner Buerkle voted to reject the Settlement Agreement and 
Order. Commissioner Mohorovic and Commissioner Robinson filed 
statements regarding this matter. The statements are available at 
the Office of the Secretary or the CPSC Web site, www.cpsc.gov.

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 April 14, 2016.

ADDRESSES: Persons wishing to comment on this Settlement Agreement 
should send written comments to the Comment 16-C0002, Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Room 820, Bethesda, Maryland 20814-4408.

FOR FURTHER INFORMATION CONTACT: Daniel R. Vice, Trial Attorney, 
Division of Compliance, Office of the General Counsel, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-
4408; telephone (301) 504-6996.

SUPPLEMENTARY INFORMATION:  The text of the Agreement and Order appears 
below.

    Dated: March 25, 2016.
Todd A. Stevenson,
Secretary.

UNITED STATES OF AMERICA CONSUMER PRODUCT SAFETY COMMISSION

In the Matter of: GREE ELECTRIC APPLIANCES, INC., OF ZHUHAI, HONG KONG 
GREE ELECTRIC APPLIANCES SALES CO., LTD., AND GREE USA SALES, LTD.

CPSC Docket No.: 16-C0002

SETTLEMENT AGREEMENT

    1. In accordance with the Consumer Product Safety Act, 15 U.S.C. 
2051-2089 (``CPSA'') and 16 CFR 1118.20, Gree Electric Appliances, 
Inc., of Zhuhai, Hong Kong Gree Electric Appliances Sales Co., Ltd., 
and Gree USA Sales, Ltd. (collectively ``Gree''), 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 
that Gree is subject to civil penalties in this matter, under section 
20 of the CPSA, 15 U.S.C. 2069, as 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 CFR 1118.20(b). The 
Commission issues the Order under the provisions of the CPSA.
    3. Gree Electric Appliances, Inc., of Zhuhai, is incorporated in 
China, and its principal place of business is in China. Hong Kong Gree 
Electric Appliances Sales Co., Ltd., is incorporated in Hong Kong, and 
its

[[Page 17684]]

principal place of business is in Hong Kong. Gree USA Sales, Ltd., is 
incorporated in California, and its principal place of business is in 
City of Industry, CA.

STAFF CHARGES

    4. Between January 2005 and August 2013, Gree manufactured, 
imported, and sold approximately 2.5 million dehumidifiers manufactured 
before December 2012 (``Dehumidifiers'') in the United States.
    5. The Dehumidifiers are a ``consumer product'' that was 
``distributed 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). 
Gree was a ``manufacturer'' and ``distributor'' of the Dehumidifiers, 
as such terms are defined in sections 3(a)(7) and (11) of the CPSA, 15 
U.S.C. 2052(a)(7) and (11).

Violation of CPSA Section 19(a)(4)

    6. The Dehumidifiers are defective and create an unreasonable risk 
of serious injury or death because they can overheat, smoke and catch 
fire, posing smoke and burn hazards to consumers.
    7. In July 2012, Gree began receiving reports of smoking, sparking 
and fires involving the Dehumidifiers. Gree received reports of 
property damage due to these fires.
    8. In response to reports of smoking, sparking and fires, Gree 
implemented design changes to remedy the defect and unreasonable risk 
of injury or death associated with the Dehumidifiers.
    9. Despite having information reasonably supporting the conclusion 
of a defect or the creation of an unreasonable risk of serious injury 
or death associated with the Dehumidifiers, Gree 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).
    10. Because the information in Gree's possession constituted actual 
and presumed knowledge, Gree 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).

Violation of CPSA Section 19(a)(12)

    11. Although Gree knew that the Dehumidifiers were not compliant 
with UL flammability standards, Gree sold, offered for sale, 
distributed in commerce, and imported the Dehumidifiers bearing the UL 
mark.
    12. The UL mark is a registered safety certification mark owned by 
UL, which is an accredited conformity assessment body.
    13. Because Gree knew, or should have known, that the sale, offer 
for sale, distribution, and importation of Dehumidifiers that were not 
compliant with UL standards was not authorized by UL, Gree knowingly 
violated section 19(a)(12) of the CPSA, 15 U.S.C. 2068(a)(12), as the 
term ``knowingly'' is defined in section 20(d) of the CPSA, 15 U.S.C. 
2069(d).

Violation of CPSA Section 19(a)(13)

    14. Gree made material misrepresentations to Commission staff that 
the Dehumidifiers met UL flammability standards, knowing such 
representations to be false.
    15. Gree also made material misrepresentations to Commission staff 
concerning the date when Gree became aware that the Dehumidifiers were 
not compliant with UL standards, knowing such representations to be 
false.
    16. By knowingly making material misrepresentations to Commission 
staff during the course of an investigation, Gree knowingly violated 
section 19(a)(13) of the CPSA, 15 U.S.C. 2068(a)(13), as the term 
``knowingly'' is defined in section 20(d) of the CPSA, 15 U.S.C. 
2069(d).

Civil Penalties Pursuant to CPSA Section 20

    17. Pursuant to section 20 of the CPSA, 15 U.S.C. 2069, Gree is 
subject to civil penalties for its knowing violations of sections 
19(a)(4), (12), and (13) of the CPSA, 15 U.S.C. 2068(a)(4), (12) and 
(13).

RESPONSE OF GREE

    18. The signing of this Agreement does not constitute an admission 
by Gree that either reportable information or a substantial product 
hazard exists.
    19. Gree enters into this Agreement to settle this matter without 
the delay and expense of litigation. Gree enters into this Agreement 
and agrees to pay the amount referenced below in compromise of the 
staff's charges.
    20. Gree voluntarily notified the Commission in connection with the 
dehumidifiers in March 2013. Gree carried out a voluntary recall in 
cooperation with the Commission and acted to reduce the potential risk 
of injury.

AGREEMENT OF THE PARTIES

    21. Gree submits to the jurisdiction of the Commission in the 
matter involving the Dehumidifiers.
    22. The parties enter into the Agreement for settlement purposes 
only. The Agreement does not constitute an admission by Gree or a 
determination by the Commission that Gree violated the CPSA's reporting 
requirements.
    23. In settlement of staff's charges, and to avoid the cost, 
distraction, delay, uncertainty, and inconvenience of protracted 
litigation, Gree shall pay a civil penalty in the amount of fifteen 
million four hundred fifty thousand dollars (US$15,450,000) within 
thirty (30) calendar days after receiving service of the Commission's 
final Order accepting the Agreement. All payments to be made under the 
Agreement shall constitute debts owing to the United States and shall 
be made by electronic wire transfer to the United States via: http://www.pay.gov for allocation to and credit against the payment 
obligations of Gree under this Agreement. Failure to make such payment 
by the date specified in the Commission's final Order shall constitute 
Default.
    24. All unpaid amounts, if any, due and owing under the Agreement 
shall constitute a debt due and immediately owing by Gree to the United 
States, and interest shall accrue and be paid by Gree at the federal 
legal rate of interest set forth at 28 U.S.C. 1961(a) and (b) from the 
date of Default until all amounts due have been paid in full 
(hereinafter ``Default Payment Amount'' and ``Default Interest 
Balance''). Gree shall consent to a Consent Judgment in the amount of 
the Default Payment Amount and Default Interest Balance, and the United 
States, at its sole option, may collect the entire Default Payment 
Amount and Default Interest Balance or exercise any other rights 
granted by law or in equity, including but not limited to referring 
such matters for private collection, and Gree agrees not to contest, 
and hereby waives and discharges any defenses to, any collection action 
undertaken by the United States or its agents or contractors pursuant 
to this paragraph. Gree shall pay the United States all reasonable 
costs of collection and enforcement under this paragraph, respectively, 
including reasonable attorney's fees and expenses.
    25. After staff receives this Agreement executed on behalf of Gree, 
staff shall promptly submit the Agreement to the Commission for 
provisional acceptance. Promptly following provisional acceptance of 
the Agreement by the Commission, 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) calendar days, the Agreement shall be deemed finally 
accepted on the 16th calendar

[[Page 17685]]

day after the date the Agreement is published in the Federal Register, 
in accordance with 16 CFR 1118.20(f).
    26. This Agreement is conditioned upon, and subject to, the 
Commission's final acceptance, as set forth above, and it is subject to 
the provisions of 16 CFR 1118.20(h). Upon the later of: (i) 
Commission's final acceptance of this Agreement and service of the 
accepted Agreement upon Gree, and (ii) the date of issuance of the 
final Order, this Agreement shall be in full force and effect and shall 
be binding upon the parties.
    27. Effective upon the later of: (i) the Commission's final 
acceptance of the Agreement and service of the accepted Agreement upon 
Gree, and (ii) and the date of issuance of the final Order, for good 
and valuable consideration, Gree hereby expressly and irrevocably 
waives and agrees not to assert any past, present, or future rights to 
the following, in connection with the matter described in this 
Agreement: (i) an administrative or judicial hearing; (ii) judicial 
review or other challenge or contest of the Commission's actions; (iii) 
a determination by the Commission of whether Gree failed to comply with 
the CPSA and the underlying regulations; (iv) a statement of findings 
of fact and conclusions of law; and (v) any claims under the Equal 
Access to Justice Act.
    28. Gree shall implement and maintain a compliance program designed 
to ensure compliance with the CPSA and regulations enforced by the 
Commission with respect to any consumer product manufactured, imported, 
distributed, or sold by Gree, and which, at a minimum, shall contain 
the following elements:
    a. written standards and policies;
    b. written procedures that provide for the appropriate forwarding 
to compliance personnel of all information that may relate to, or 
impact, CPSA compliance, including all reports and complaints involving 
consumer products, whether an injury is referenced or not;
    c. a mechanism for confidential employee reporting of compliance-
related questions or concerns to either a compliance officer or to 
another senior manager with authority to act as necessary;
    d. effective communication of company compliance-related policies 
and procedures regarding the CPSA to all applicable employees through 
training programs or otherwise;
    e. Gree senior management responsibility for CPSA compliance and 
accountability for violations of the statutes and regulations enforced 
by the Commission;
    f. Gree governing body oversight of CPSA compliance; and
    g. retention of all CPSA compliance-related records for at least 
five (5) years, and availability of such records to staff upon 
reasonable request.
    29. Gree shall implement, maintain, and enforce a system of 
internal controls and procedures designed to ensure that, with respect 
to all consumer products manufactured, imported, distributed, or sold 
by Gree:
    a. information required to be disclosed by Gree to the Commission 
is recorded, processed, and reported in accordance with applicable law;
    b. all reporting made to the Commission is timely, truthful, 
complete, accurate, and in accordance with applicable law; and
    c. prompt disclosure is made to Gree's management of any 
significant deficiencies or material weaknesses in the design or 
operation of such internal controls that are reasonably likely to 
affect adversely, in any material respect, Gree's ability to record, 
process, and report to the Commission in accordance with applicable 
law.
    30. Upon reasonable request of staff, Gree shall provide written 
documentation of its improvements, processes and controls, including, 
but not limited to, the effective dates of such improvements, processes 
and controls as set forth in paragraphs 28 through 29 above. Upon 
reasonable request, Gree shall cooperate fully and truthfully with 
staff and shall make available, in a manner agreed to by the parties, 
all non-privileged information and materials, and personnel deemed 
necessary by staff to evaluate Gree's compliance with the terms of the 
Agreement.
    31. The parties acknowledge and agree that the Commission may 
publicize the terms of the Agreement and the Order.
    32. Gree represents that the Agreement: (i) is entered into freely 
and voluntarily, without any degree of duress or compulsion whatsoever; 
(ii) has been duly authorized; and (iii) constitutes the valid and 
binding obligation of Gree, enforceable against Gree in accordance with 
its terms. Gree will not directly or indirectly receive any 
reimbursement, indemnification, insurance-related payment, or other 
payment in connection with the civil penalty to be paid by Gree 
pursuant to the Agreement and Order. The individuals signing the 
Agreement on behalf of Gree represent and warrant that they are duly 
authorized by Gree to execute the Agreement.
    33. The signatories represent that they are authorized to execute 
this Agreement.
    34. The Agreement is governed by the laws of the United States.
    35. The Agreement and the Order shall apply to, and be binding 
upon, Gree and each of its successors, transferees, and assigns, and a 
violation of the Agreement or Order may subject Gree, and each of its 
successors, transferees, and assigns, to appropriate legal action.
    36. Nothing herein shall preclude the Commission from initiating 
any other proceedings to enforce the Order.
    37. The Agreement and the Order constitute the complete agreement 
between the parties on the subject matter contained therein.
    38. 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. For purposes of construction, the 
Agreement shall be deemed to have been drafted by both of the parties 
and shall not, therefore, be construed against any party for that 
reason in any subsequent dispute.
    39. The Agreement may not be waived, amended, modified, or 
otherwise altered, except as in accordance with the provisions of 16 
CFR 1118.20(h). The Agreement may be executed in counterparts.
    40. If any provision of the Agreement or 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 Gree agree in writing that severing the provision materially 
affects the purpose of the Agreement and the Order.

GREE ELECTRIC APPLIANCES, INC., OF ZHUHAI, HONG KONG GREE ELECTRIC 
APPLIANCES SALES CO., LTD., AND GREE USA SALES, LTD.

Dated: March 12, 2016

By:--------------------------------------------------------------------
Li Mingjing

Counsel, Securities and Legal Affairs Department, Gree Electric 
Appliances, Inc., of Zhuhai, Hong Kong Gree Electric Appliances 
Sales Co., Ltd., and Gree USA Sales, Ltd.

Dated: March 14, 2016

By:--------------------------------------------------------------------
Ellen Nudelman Adler

Morrison and Foerster LLP
12531 High Bluff Drive
San Diego, CA 92130-2040


[[Page 17686]]


Counsel to Gree Electric Appliances, Inc., of Zhuhai, Hong Kong Gree 
Electric Appliances Sales Co., Ltd., and Gree USA Sales, Ltd.
U.S. CONSUMER PRODUCT SAFETY COMMISSION
Stephanie Tsacoumis

General Counsel

Mary T. Boyle

Deputy General Counsel

Mary B. Murphy

Assistant General Counsel

Dated: March 14, 2016

By:--------------------------------------------------------------------
Daniel R. Vice

Trial Attorney, Division of Compliance, Office of the General 
Counsel

UNITED STATES OF AMERICA CONSUMER PRODUCT SAFETY COMMISSION

In the Matter of: GREE ELECTRIC APPLIANCES, INC., OF ZHUHAI, HONG KONG 
GREE ELECTRIC APPLIANCES SALES CO., LTD., AND GREE USA SALES, LTD.

CPSC Docket No.: 16-C0002

ORDER

    Upon consideration of the Settlement Agreement entered into between 
Gree Electric Appliances, Inc. of Zhuhai, Hong Kong Gree Electric 
Appliances Sales Co., Ltd., and Gree USA Sales, Ltd. (collectively 
``Gree''), and the U.S. Consumer Product Safety Commission 
(``Commission''), and Gree having submitted to the jurisdiction of the 
Commission with respect to the subject matter, and it appearing that 
the Settlement Agreement and the Order are in the public interest, it 
is:
    ORDERED that the Settlement Agreement be, and is, hereby, accepted; 
and it is
    FURTHER ORDERED that Gree shall comply with the terms of the 
Settlement Agreement and shall pay a civil penalty in the amount of 
fifteen million four hundred fifty thousand dollars (US$15,450,000) 
within thirty (30) days after service of the Commission's final Order 
accepting the Settlement Agreement. The payment shall be made by 
electronic wire transfer to the Commission via: http://www.pay.gov. 
Upon the failure of Gree to make the foregoing payment when due, 
interest on the unpaid amount shall accrue and be paid by Gree at the 
federal legal rate of interest set forth at 28 U.S.C. 1961(a) and (b). 
If Gree fails to make such payment or to comply in full with any other 
provision of the Settlement Agreement, such conduct will be considered 
a violation of the Settlement Agreement and Order.
    Provisionally accepted and provisional Order issued on the 25th day 
of March, 2016.

    BY ORDER OF THE COMMISSION:

Todd A. Stevenson, Secretary

U.S. Consumer Product Safety Commission

[FR Doc. 2016-07124 Filed 3-29-16; 8:45 am]
BILLING CODE 6355-01-P



                                                                                Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices                                              17683

                                                    p.m. Members of the public who wish                        After the meeting, a transcript of the              ADDRESSES: Persons wishing to
                                                    to submit written statements in                         meeting will be published through a                    comment on this Settlement Agreement
                                                    connection with the meeting should                      link on the CFTC’s Web site,                           should send written comments to the
                                                    submit them by May 10, 2016.                            www.cftc.gov. All written submissions                  Comment 16–C0002, Office of the
                                                    ADDRESSES: The meeting will take place                  provided to the CFTC in any form will                  Secretary, Consumer Product Safety
                                                    in the Conference Center at the CFTC’s                  also be published on the CFTC’s Web                    Commission, 4330 East West Highway,
                                                    headquarters, Three Lafayette Centre,                   site. Persons requiring special                        Room 820, Bethesda, Maryland 20814–
                                                    1155 21st Street NW., Washington, DC                    accommodations to attend the meeting                   4408.
                                                    20581. Written statements should be                     because of a disability should notify the              FOR FURTHER INFORMATION CONTACT:
                                                    submitted by mail to: Commodity                         contact person listed in this Notice.                  Daniel R. Vice, Trial Attorney, Division
                                                    Futures Trading Commission, Three                         Authority: 5 U.S.C. app. 2 § 10(a)(2)).              of Compliance, Office of the General
                                                    Lafayette Centre, 1155 21st Street NW.,                   Dated: March 25, 2016.                               Counsel, Consumer Product Safety
                                                    Washington, DC 20581, attention:                        Christopher J. Kirkpatrick,
                                                                                                                                                                   Commission, 4330 East West Highway,
                                                    Secretary of the Commission; or by                                                                             Bethesda, Maryland 20814–4408;
                                                                                                            Secretary of the Commission.
                                                    electronic mail to: secretary@cftc.gov.                                                                        telephone (301) 504–6996.
                                                                                                            [FR Doc. 2016–07131 Filed 3–29–16; 8:45 am]
                                                    Please use the title ‘‘Market Risk                                                                             SUPPLEMENTARY INFORMATION: The text of
                                                                                                            BILLING CODE 6351–01–P
                                                    Advisory Committee’’ in any written                                                                            the Agreement and Order appears
                                                    statement you submit. Any statements                                                                           below.
                                                    submitted in connection with the                                                                                 Dated: March 25, 2016.
                                                    committee meeting will be made                          CONSUMER PRODUCT SAFETY
                                                                                                            COMMISSION                                             Todd A. Stevenson,
                                                    available to the public, including by
                                                                                                                                                                   Secretary.
                                                    publication on the CFTC Web site,                       [CPSC Docket No. 16–C0002]
                                                    www.cftc.gov.                                                                                                  UNITED STATES OF AMERICA
                                                                                                            Gree Electric Appliances, Inc. of                      CONSUMER PRODUCT SAFETY
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                            Zhuhai, Hong Kong Gree Electric                        COMMISSION
                                                    Petal Walker, MRAC Designated Federal                   Appliances Sales Co., Ltd., and Gree
                                                    Officer, Commodity Futures Trading                                                                             In the Matter of: GREE ELECTRIC
                                                                                                            USA Sales, Ltd., Provisional
                                                    Commission, Three Lafayette Centre,                                                                              APPLIANCES, INC., OF ZHUHAI,
                                                                                                            Acceptance of a Settlement Agreement
                                                    1155 21st Street NW., Washington, DC                                                                             HONG KONG GREE ELECTRIC
                                                                                                            and Order
                                                    20581; (202) 418–5794.                                                                                           APPLIANCES SALES CO., LTD., AND
                                                    SUPPLEMENTARY INFORMATION: The
                                                                                                            AGENCY: Consumer Product Safety                          GREE USA SALES, LTD.
                                                    MRAC will describe and discuss how                      Commission.                                            CPSC Docket No.: 16–C0002
                                                    well the derivatives markets are                        ACTION: Notice.
                                                                                                                                                                   SETTLEMENT AGREEMENT
                                                    currently functioning, including the                    SUMMARY:   It is the policy of the                        1. In accordance with the Consumer
                                                    impact and implications of the evolving                 Commission to publish settlements                      Product Safety Act, 15 U.S.C. 2051–
                                                    structure of these markets on the                       which it provisionally accepts under the               2089 (‘‘CPSA’’) and 16 CFR 1118.20,
                                                    movement of risk across market                          Consumer Product Safety Act in the                     Gree Electric Appliances, Inc., of
                                                    participants. Specifically, the MRAC                    Federal Register in accordance with the                Zhuhai, Hong Kong Gree Electric
                                                    will describe and discuss:                              terms of 16 CFR 1118.20(e). Published                  Appliances Sales Co., Ltd., and Gree
                                                       (a) How effectively end-users and                    below is a provisionally-accepted                      USA Sales, Ltd. (collectively ‘‘Gree’’),
                                                    other market participants, in different                 Settlement Agreement with Gree                         and the United States Consumer
                                                    asset classes (e.g., energy, rates), are able           Electric Appliances, Inc. of Zhuhai,                   Product Safety Commission
                                                    to find counterparties for transactions,                Hong Kong Gree Electric Appliances                     (‘‘Commission’’), through its staff,
                                                    receive accurate pricing and volume                     Sales Co., Ltd., and Gree USA Sales,                   hereby enter into this Settlement
                                                    information, and otherwise access the                   Ltd. containing a civil penalty in the                 Agreement (‘‘Agreement’’). The
                                                    markets; and                                            amount of fifteen million four hundred                 Agreement, and the incorporated
                                                       (b) The extent and nature of the                     fifty thousand dollars (US$15,450,000)                 attached Order, resolve staff’s charges
                                                    current use of portfolio compression                    within thirty (30) days of service of the              that Gree is subject to civil penalties in
                                                    and related services, and the benefits                  Commission’s final Order accepting the                 this matter, under section 20 of the
                                                    and challenges posed by portfolio                       Settlement Agreement.1                                 CPSA, 15 U.S.C. 2069, as set forth
                                                    compression activity in the derivatives                 DATES: Any interested person may ask                   below.
                                                    markets.                                                the Commission not to accept this
                                                       The meeting will be open to the                      agreement or otherwise comment on its                  THE PARTIES
                                                    public with seating on a first-come, first-             contents by filing a written request with                 2. The Commission is an independent
                                                    served basis. Members of the public may                 the Office of the Secretary by April 14,               federal regulatory agency, established
                                                    also listen to the meeting by telephone                 2016.                                                  pursuant to, and responsible for the
                                                    by calling a domestic toll-free telephone                                                                      enforcement of, the CPSA, 15 U.S.C.
                                                    or international toll or toll-free number                 1 The Commission voted (4–1) to provisionally
                                                                                                                                                                   2051–2089. By executing the
                                                    to connect to a live, listen-only audio                 accept the Settlement Agreement and Order
                                                                                                            regarding Gree Electric Appliances, Inc. of Zhuhai,    Agreement, staff is acting on behalf of
                                                    feed. Call-in participants should be                                                                           the Commission, pursuant to 16 CFR
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            Hong Kong Gree Electric Appliances Sales Co., Ltd.,
                                                    prepared to provide their first name, last              and Gree USA Sales, Ltd. Chairman Kaye,                1118.20(b). The Commission issues the
                                                    name, and affiliation.                                  Commissioner Adler, Commissioner Robinson and          Order under the provisions of the CPSA.
                                                                                                            Commissioner Mohorovic voted to provisionally
                                                       Domestic Toll Free: 1–866–844–9416.                  accept the Settlement Agreement and Order.                3. Gree Electric Appliances, Inc., of
                                                       International Toll and Toll Free: Will               Commissioner Buerkle voted to reject the               Zhuhai, is incorporated in China, and
                                                    be posted on the CFTC’s Web site,                       Settlement Agreement and Order. Commissioner           its principal place of business is in
                                                    www.cftc.gov, on the page for the                       Mohorovic and Commissioner Robinson filed              China. Hong Kong Gree Electric
                                                                                                            statements regarding this matter. The statements are
                                                    meeting, under Related Documents.                       available at the Office of the Secretary or the CPSC   Appliances Sales Co., Ltd., is
                                                       Pass Code/Pin Code: CFTC.                            Web site, www.cpsc.gov.                                incorporated in Hong Kong, and its


                                               VerDate Sep<11>2014   18:06 Mar 29, 2016   Jkt 238001   PO 00000   Frm 00021   Fmt 4703   Sfmt 4703   E:\FR\FM\30MRN1.SGM   30MRN1


                                                    17684                       Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices

                                                    principal place of business is in Hong                    13. Because Gree knew, or should                    the Commission that Gree violated the
                                                    Kong. Gree USA Sales, Ltd., is                          have known, that the sale, offer for sale,            CPSA’s reporting requirements.
                                                    incorporated in California, and its                     distribution, and importation of                         23. In settlement of staff’s charges,
                                                    principal place of business is in City of               Dehumidifiers that were not compliant                 and to avoid the cost, distraction, delay,
                                                    Industry, CA.                                           with UL standards was not authorized                  uncertainty, and inconvenience of
                                                                                                            by UL, Gree knowingly violated section                protracted litigation, Gree shall pay a
                                                    STAFF CHARGES                                                                                                 civil penalty in the amount of fifteen
                                                                                                            19(a)(12) of the CPSA, 15 U.S.C.
                                                      4. Between January 2005 and August                    2068(a)(12), as the term ‘‘knowingly’’ is             million four hundred fifty thousand
                                                    2013, Gree manufactured, imported, and                  defined in section 20(d) of the CPSA, 15              dollars (US$15,450,000) within thirty
                                                    sold approximately 2.5 million                          U.S.C. 2069(d).                                       (30) calendar days after receiving
                                                    dehumidifiers manufactured before                                                                             service of the Commission’s final Order
                                                                                                            Violation of CPSA Section 19(a)(13)                   accepting the Agreement. All payments
                                                    December 2012 (‘‘Dehumidifiers’’) in the
                                                    United States.                                             14. Gree made material                             to be made under the Agreement shall
                                                      5. The Dehumidifiers are a ‘‘consumer                 misrepresentations to Commission staff                constitute debts owing to the United
                                                    product’’ that was ‘‘distributed in                     that the Dehumidifiers met UL                         States and shall be made by electronic
                                                    commerce,’’ as those terms are defined                  flammability standards, knowing such                  wire transfer to the United States via:
                                                    or used in sections 3(a)(5) and (8) of the              representations to be false.                          http://www.pay.gov for allocation to and
                                                    CPSA, 15 U.S.C. 2052(a)(5) and (8). Gree                   15. Gree also made material                        credit against the payment obligations of
                                                    was a ‘‘manufacturer’’ and ‘‘distributor’’              misrepresentations to Commission staff                Gree under this Agreement. Failure to
                                                    of the Dehumidifiers, as such terms are                 concerning the date when Gree became                  make such payment by the date
                                                    defined in sections 3(a)(7) and (11) of                 aware that the Dehumidifiers were not                 specified in the Commission’s final
                                                    the CPSA, 15 U.S.C. 2052(a)(7) and (11).                compliant with UL standards, knowing                  Order shall constitute Default.
                                                                                                            such representations to be false.                        24. All unpaid amounts, if any, due
                                                    Violation of CPSA Section 19(a)(4)                                                                            and owing under the Agreement shall
                                                                                                               16. By knowingly making material
                                                       6. The Dehumidifiers are defective                                                                         constitute a debt due and immediately
                                                                                                            misrepresentations to Commission staff
                                                    and create an unreasonable risk of                                                                            owing by Gree to the United States, and
                                                                                                            during the course of an investigation,
                                                    serious injury or death because they can                                                                      interest shall accrue and be paid by Gree
                                                                                                            Gree knowingly violated section
                                                    overheat, smoke and catch fire, posing                                                                        at the federal legal rate of interest set
                                                                                                            19(a)(13) of the CPSA, 15 U.S.C.
                                                    smoke and burn hazards to consumers.                                                                          forth at 28 U.S.C. 1961(a) and (b) from
                                                                                                            2068(a)(13), as the term ‘‘knowingly’’ is
                                                                                                                                                                  the date of Default until all amounts due
                                                       7. In July 2012, Gree began receiving                defined in section 20(d) of the CPSA, 15              have been paid in full (hereinafter
                                                    reports of smoking, sparking and fires                  U.S.C. 2069(d).                                       ‘‘Default Payment Amount’’ and
                                                    involving the Dehumidifiers. Gree
                                                                                                            Civil Penalties Pursuant to CPSA                      ‘‘Default Interest Balance’’). Gree shall
                                                    received reports of property damage due
                                                                                                            Section 20                                            consent to a Consent Judgment in the
                                                    to these fires.
                                                                                                                                                                  amount of the Default Payment Amount
                                                       8. In response to reports of smoking,                  17. Pursuant to section 20 of the                   and Default Interest Balance, and the
                                                    sparking and fires, Gree implemented                    CPSA, 15 U.S.C. 2069, Gree is subject to              United States, at its sole option, may
                                                    design changes to remedy the defect and                 civil penalties for its knowing violations            collect the entire Default Payment
                                                    unreasonable risk of injury or death                    of sections 19(a)(4), (12), and (13) of the           Amount and Default Interest Balance or
                                                    associated with the Dehumidifiers.                      CPSA, 15 U.S.C. 2068(a)(4), (12) and                  exercise any other rights granted by law
                                                       9. Despite having information                        (13).                                                 or in equity, including but not limited
                                                    reasonably supporting the conclusion of                 RESPONSE OF GREE                                      to referring such matters for private
                                                    a defect or the creation of an                                                                                collection, and Gree agrees not to
                                                    unreasonable risk of serious injury or                    18. The signing of this Agreement                   contest, and hereby waives and
                                                    death associated with the                               does not constitute an admission by                   discharges any defenses to, any
                                                    Dehumidifiers, Gree did not notify the                  Gree that either reportable information               collection action undertaken by the
                                                    Commission immediately of such defect                   or a substantial product hazard exists.               United States or its agents or contractors
                                                    or risk, as required by sections 15(b)(3)                 19. Gree enters into this Agreement to              pursuant to this paragraph. Gree shall
                                                    and (4) of the CPSA, 15 U.S.C.                          settle this matter without the delay and              pay the United States all reasonable
                                                    2064(b)(3) and (4).                                     expense of litigation. Gree enters into               costs of collection and enforcement
                                                       10. Because the information in Gree’s                this Agreement and agrees to pay the                  under this paragraph, respectively,
                                                    possession constituted actual and                       amount referenced below in                            including reasonable attorney’s fees and
                                                    presumed knowledge, Gree knowingly                      compromise of the staff’s charges.                    expenses.
                                                    violated section 19(a)(4) of the CPSA, 15                 20. Gree voluntarily notified the                      25. After staff receives this Agreement
                                                    U.S.C. 2068(a)(4), as the term                          Commission in connection with the                     executed on behalf of Gree, staff shall
                                                    ‘‘knowingly’’ is defined in section 20(d)               dehumidifiers in March 2013. Gree                     promptly submit the Agreement to the
                                                    of the CPSA, 15 U.S.C. 2069(d).                         carried out a voluntary recall in                     Commission for provisional acceptance.
                                                                                                            cooperation with the Commission and                   Promptly following provisional
                                                    Violation of CPSA Section 19(a)(12)
                                                                                                            acted to reduce the potential risk of                 acceptance of the Agreement by the
                                                       11. Although Gree knew that the                      injury.                                               Commission, the Agreement shall be
                                                    Dehumidifiers were not compliant with                                                                         placed on the public record and
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                                                                                                            AGREEMENT OF THE PARTIES
                                                    UL flammability standards, Gree sold,                                                                         published in the Federal Register, in
                                                    offered for sale, distributed in                          21. Gree submits to the jurisdiction of             accordance with the procedures set
                                                    commerce, and imported the                              the Commission in the matter involving                forth in 16 CFR 1118.20(e). If the
                                                    Dehumidifiers bearing the UL mark.                      the Dehumidifiers.                                    Commission does not receive any
                                                       12. The UL mark is a registered safety                 22. The parties enter into the                      written request not to accept the
                                                    certification mark owned by UL, which                   Agreement for settlement purposes only.               Agreement within fifteen (15) calendar
                                                    is an accredited conformity assessment                  The Agreement does not constitute an                  days, the Agreement shall be deemed
                                                    body.                                                   admission by Gree or a determination by               finally accepted on the 16th calendar


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                                                                                Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices                                            17685

                                                    day after the date the Agreement is                        f. Gree governing body oversight of                   33. The signatories represent that they
                                                    published in the Federal Register, in                   CPSA compliance; and                                  are authorized to execute this
                                                    accordance with 16 CFR 1118.20(f).                         g. retention of all CPSA compliance-               Agreement.
                                                       26. This Agreement is conditioned                    related records for at least five (5) years,             34. The Agreement is governed by the
                                                    upon, and subject to, the Commission’s                  and availability of such records to staff             laws of the United States.
                                                    final acceptance, as set forth above, and               upon reasonable request.                                 35. The Agreement and the Order
                                                    it is subject to the provisions of 16 CFR                  29. Gree shall implement, maintain,                shall apply to, and be binding upon,
                                                    1118.20(h). Upon the later of: (i)                      and enforce a system of internal controls             Gree and each of its successors,
                                                    Commission’s final acceptance of this                   and procedures designed to ensure that,               transferees, and assigns, and a violation
                                                    Agreement and service of the accepted                                                                         of the Agreement or Order may subject
                                                                                                            with respect to all consumer products
                                                    Agreement upon Gree, and (ii) the date                                                                        Gree, and each of its successors,
                                                                                                            manufactured, imported, distributed, or
                                                    of issuance of the final Order, this                                                                          transferees, and assigns, to appropriate
                                                                                                            sold by Gree:
                                                    Agreement shall be in full force and                                                                          legal action.
                                                    effect and shall be binding upon the                       a. information required to be
                                                                                                            disclosed by Gree to the Commission is                   36. Nothing herein shall preclude the
                                                    parties.                                                                                                      Commission from initiating any other
                                                       27. Effective upon the later of: (i) the             recorded, processed, and reported in
                                                                                                            accordance with applicable law;                       proceedings to enforce the Order.
                                                    Commission’s final acceptance of the
                                                                                                               b. all reporting made to the                          37. The Agreement and the Order
                                                    Agreement and service of the accepted
                                                    Agreement upon Gree, and (ii) and the                   Commission is timely, truthful,                       constitute the complete agreement
                                                    date of issuance of the final Order, for                complete, accurate, and in accordance                 between the parties on the subject
                                                    good and valuable consideration, Gree                   with applicable law; and                              matter contained therein.
                                                    hereby expressly and irrevocably waives                                                                          38. The Agreement may be used in
                                                                                                               c. prompt disclosure is made to Gree’s
                                                    and agrees not to assert any past,                                                                            interpreting the Order. Understandings,
                                                                                                            management of any significant
                                                    present, or future rights to the following,                                                                   agreements, representations, or
                                                                                                            deficiencies or material weaknesses in
                                                    in connection with the matter described                                                                       interpretations apart from those
                                                                                                            the design or operation of such internal
                                                    in this Agreement: (i) an administrative                                                                      contained in the Agreement and the
                                                                                                            controls that are reasonably likely to
                                                    or judicial hearing; (ii) judicial review                                                                     Order may not be used to vary or
                                                                                                            affect adversely, in any material respect,
                                                    or other challenge or contest of the                                                                          contradict their terms. For purposes of
                                                                                                            Gree’s ability to record, process, and
                                                    Commission’s actions; (iii) a                                                                                 construction, the Agreement shall be
                                                                                                            report to the Commission in accordance
                                                    determination by the Commission of                                                                            deemed to have been drafted by both of
                                                                                                            with applicable law.
                                                    whether Gree failed to comply with the                                                                        the parties and shall not, therefore, be
                                                                                                               30. Upon reasonable request of staff,              construed against any party for that
                                                    CPSA and the underlying regulations;                    Gree shall provide written
                                                    (iv) a statement of findings of fact and                                                                      reason in any subsequent dispute.
                                                                                                            documentation of its improvements,                       39. The Agreement may not be
                                                    conclusions of law; and (v) any claims                  processes and controls, including, but
                                                    under the Equal Access to Justice Act.                                                                        waived, amended, modified, or
                                                                                                            not limited to, the effective dates of                otherwise altered, except as in
                                                       28. Gree shall implement and                         such improvements, processes and
                                                    maintain a compliance program                                                                                 accordance with the provisions of 16
                                                                                                            controls as set forth in paragraphs 28                CFR 1118.20(h). The Agreement may be
                                                    designed to ensure compliance with the                  through 29 above. Upon reasonable
                                                    CPSA and regulations enforced by the                                                                          executed in counterparts.
                                                                                                            request, Gree shall cooperate fully and
                                                    Commission with respect to any                                                                                   40. If any provision of the Agreement
                                                                                                            truthfully with staff and shall make
                                                    consumer product manufactured,                                                                                or the Order is held to be illegal,
                                                                                                            available, in a manner agreed to by the
                                                    imported, distributed, or sold by Gree,                                                                       invalid, or unenforceable under present
                                                                                                            parties, all non-privileged information
                                                    and which, at a minimum, shall contain                                                                        or future laws effective during the terms
                                                                                                            and materials, and personnel deemed
                                                    the following elements:                                                                                       of the Agreement and the Order, such
                                                                                                            necessary by staff to evaluate Gree’s
                                                       a. written standards and policies;                                                                         provision shall be fully severable. The
                                                                                                            compliance with the terms of the
                                                       b. written procedures that provide for                                                                     balance of the Agreement and the Order
                                                                                                            Agreement.
                                                    the appropriate forwarding to                                                                                 shall remain in full force and effect,
                                                    compliance personnel of all information                    31. The parties acknowledge and                    unless the Commission and Gree agree
                                                    that may relate to, or impact, CPSA                     agree that the Commission may                         in writing that severing the provision
                                                    compliance, including all reports and                   publicize the terms of the Agreement                  materially affects the purpose of the
                                                    complaints involving consumer                           and the Order.                                        Agreement and the Order.
                                                    products, whether an injury is                             32. Gree represents that the
                                                                                                                                                                  GREE ELECTRIC APPLIANCES, INC., OF
                                                    referenced or not;                                      Agreement: (i) is entered into freely and             ZHUHAI, HONG KONG GREE ELECTRIC
                                                       c. a mechanism for confidential                      voluntarily, without any degree of                    APPLIANCES SALES CO., LTD., AND GREE
                                                    employee reporting of compliance-                       duress or compulsion whatsoever; (ii)                 USA SALES, LTD.
                                                    related questions or concerns to either a               has been duly authorized; and (iii)                   Dated: March 12, 2016
                                                    compliance officer or to another senior                 constitutes the valid and binding                     By: lllllllllllllllllll
                                                    manager with authority to act as                        obligation of Gree, enforceable against               Li Mingjing
                                                    necessary;                                              Gree in accordance with its terms. Gree               Counsel, Securities and Legal Affairs
                                                       d. effective communication of                        will not directly or indirectly receive               Department, Gree Electric Appliances, Inc.,
                                                    company compliance-related policies                     any reimbursement, indemnification,
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                                                                                                                                                                  of Zhuhai, Hong Kong Gree Electric
                                                    and procedures regarding the CPSA to                    insurance-related payment, or other                   Appliances Sales Co., Ltd., and Gree USA
                                                    all applicable employees through                        payment in connection with the civil                  Sales, Ltd.
                                                    training programs or otherwise;                         penalty to be paid by Gree pursuant to                Dated: March 14, 2016
                                                       e. Gree senior management                            the Agreement and Order. The                          By: lllllllllllllllllll
                                                    responsibility for CPSA compliance and                  individuals signing the Agreement on                  Ellen Nudelman Adler
                                                    accountability for violations of the                    behalf of Gree represent and warrant                  Morrison and Foerster LLP
                                                    statutes and regulations enforced by the                that they are duly authorized by Gree to              12531 High Bluff Drive
                                                    Commission;                                             execute the Agreement.                                San Diego, CA 92130–2040



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                                                    17686                       Federal Register / Vol. 81, No. 61 / Wednesday, March 30, 2016 / Notices

                                                    Counsel to Gree Electric Appliances, Inc., of             BY ORDER OF THE COMMISSION:                            (1) By mail sent to: Corporation for
                                                    Zhuhai, Hong Kong Gree Electric Appliances              Todd A. Stevenson, Secretary                          National and Community Service,
                                                    Sales Co., Ltd., and Gree USA Sales, Ltd.                                                                     National Civilian Community Corps;
                                                                                                            U.S. Consumer Product Safety Commission
                                                    U.S. CONSUMER PRODUCT SAFETY
                                                      COMMISSION                                            [FR Doc. 2016–07124 Filed 3–29–16; 8:45 am]           Attention Barbara Lane, Director
                                                    Stephanie Tsacoumis                                     BILLING CODE 6355–01–P
                                                                                                                                                                  Projects and Partnerships, Room 3240,
                                                    General Counsel                                                                                               250 E. Street SW., Washington, DC
                                                                                                                                                                  20525.
                                                    Mary T. Boyle
                                                                                                                                                                     (2) By hand delivery or by courier to
                                                    Deputy General Counsel                                  CORPORATION FOR NATIONAL AND
                                                                                                                                                                  the CNCS mailroom at Room 4200 at the
                                                    Mary B. Murphy                                          COMMUNITY SERVICE
                                                                                                                                                                  mail address given in paragraph (1)
                                                    Assistant General Counsel                                                                                     above, between 9:00 a.m. and 4:00 p.m.
                                                                                                            Proposed Information Collection;
                                                    Dated: March 14, 2016                                                                                         Eastern Time, Monday through Friday,
                                                                                                            Comment Request
                                                    By: lllllllllllllllllll                                                                                       except federal holidays.
                                                    Daniel R. Vice                                          AGENCY: Corporation for National and                     (3) Electronically through
                                                    Trial Attorney, Division of Compliance,                 Community Service.                                    www.regulations.gov.
                                                    Office of the General Counsel                           ACTION: Notice.                                          Individuals who use a
                                                    UNITED STATES OF AMERICA                                                                                      telecommunications device for the deaf
                                                                                                            SUMMARY: The Corporation for National                 (TTY–TDD) may call 1–800–833–3722
                                                    CONSUMER PRODUCT SAFETY
                                                    COMMISSION                                              and Community Service (CNCS), as part                 between 8:00 a.m. and 8:00 p.m. Eastern
                                                                                                            of its continuing effort to reduce                    Time, Monday through Friday.
                                                    In the Matter of: GREE ELECTRIC                         paperwork and respondent burden,
                                                      APPLIANCES, INC., OF ZHUHAI,                                                                                FOR FURTHER INFORMATION CONTACT:
                                                                                                            conducts a pre-clearance consultation                 Barbara Lane, 202–606–6867, or by
                                                      HONG KONG GREE ELECTRIC                               program to provide the general public
                                                      APPLIANCES SALES CO., LTD., AND                                                                             email at blane@cns.gov.
                                                                                                            and federal agencies with an
                                                      GREE USA SALES, LTD.                                                                                        SUPPLEMENTARY INFORMATION:
                                                                                                            opportunity to comment on proposed
                                                    CPSC Docket No.: 16–C0002                               and/or continuing collections of                         CNCS is particularly interested in
                                                                                                            information in accordance with the                    comments that:
                                                    ORDER                                                                                                            • Evaluate whether the proposed
                                                                                                            Paperwork Reduction Act of 1995
                                                       Upon consideration of the Settlement                 (PRA95) (44 U.S.C. Sec. 3506(c)(2)(A)).               collection of information is necessary
                                                    Agreement entered into between Gree                     This program helps to ensure that                     for the proper performance of the
                                                    Electric Appliances, Inc. of Zhuhai,                    requested data can be provided in the                 functions of CNCS, including whether
                                                    Hong Kong Gree Electric Appliances                      desired format, reporting burden (time                the information will have practical
                                                    Sales Co., Ltd., and Gree USA Sales,                    and financial resources) is minimized,                utility;
                                                    Ltd. (collectively ‘‘Gree’’), and the U.S.              collection instruments are clearly                       • Evaluate the accuracy of the
                                                    Consumer Product Safety Commission                      understood, and the impact of collection              agency’s estimate of the burden of the
                                                    (‘‘Commission’’), and Gree having                       requirement on respondents can be                     proposed collection of information,
                                                    submitted to the jurisdiction of the                    properly assessed.                                    including the validity of the
                                                    Commission with respect to the subject                     Currently, CNCS is soliciting                      methodology and assumptions used;
                                                    matter, and it appearing that the                       comments concerning its proposed                         • Enhance the quality, utility, and
                                                    Settlement Agreement and the Order are                  AmeriCorps NCCC’s (National Civilian                  clarity of the information to be
                                                    in the public interest, it is:                          Community Corps) Member Experience                    collected; and
                                                       ORDERED that the Settlement                          Survey. This survey was developed to                     • Minimize the burden of the
                                                    Agreement be, and is, hereby, accepted;                 support NCCC performance                              collection of information on those who
                                                    and it is                                               measurement for use in program                        are expected to respond, including the
                                                       FURTHER ORDERED that Gree shall                                                                            use of appropriate automated,
                                                                                                            development, funding, and evaluation.
                                                    comply with the terms of the Settlement                                                                       electronic, mechanical, or other
                                                                                                            The survey instrument will be
                                                    Agreement and shall pay a civil penalty                                                                       technological collection techniques or
                                                                                                            completed by NCCC Members following
                                                    in the amount of fifteen million four                                                                         other forms of information technology
                                                                                                            the completion of their service term. In
                                                    hundred fifty thousand dollars                                                                                (e.g., permitting electronic submissions
                                                                                                            particular, this survey will be
                                                    (US$15,450,000) within thirty (30) days                                                                       of responses).
                                                                                                            administered to NCCC Members who
                                                    after service of the Commission’s final
                                                                                                            are exiting early or have already exited              Background
                                                    Order accepting the Settlement
                                                                                                            early from the AmeriCorps NCCC
                                                    Agreement. The payment shall be made                                                                             This information collection serves as
                                                                                                            program. Completion of this information
                                                    by electronic wire transfer to the                                                                            part of an overall AmeriCorps NCCC
                                                                                                            collection is not required for the
                                                    Commission via: http://www.pay.gov.                                                                           logic model to help measure the degree
                                                                                                            completion of a service term with
                                                    Upon the failure of Gree to make the                                                                          to which the program is addressing the
                                                                                                            NCCC.
                                                    foregoing payment when due, interest                                                                          statuary areas of national and
                                                                                                               Copies of the information collection
                                                    on the unpaid amount shall accrue and                                                                         community needs in a way that
                                                                                                            request can be obtained by contacting
                                                    be paid by Gree at the federal legal rate                                                                     strengthens communities and builds
                                                                                                            the office listed in the Addresses section
                                                    of interest set forth at 28 U.S.C. 1961(a)                                                                    leaders. The survey will be
                                                                                                            of this Notice.
                                                    and (b). If Gree fails to make such
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                                                                                                                                                                  administered electronically to all
                                                    payment or to comply in full with any                   DATES: Written comments must be                       members departing early from the
                                                    other provision of the Settlement                       submitted to the individual and office                program.
                                                    Agreement, such conduct will be                         listed in the ADDRESSES section by May
                                                                                                            31, 2016.                                             Current Action
                                                    considered a violation of the Settlement
                                                    Agreement and Order.                                    ADDRESSES: You may submit comments,                     This is a new information collection
                                                       Provisionally accepted and                           identified by the title of the information            request. The NCCC Member Experience
                                                    provisional Order issued on the 25th                    collection activity, by any of the                    Survey consists of between 29 and 30
                                                    day of March, 2016.                                     following methods:                                    questions, depending on which


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Document Created: 2016-03-30 09:28:33
Document Modified: 2016-03-30 09:28:33
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesAny interested person may ask the Commission not to accept this agreement or otherwise comment on its contents by filing a written
ContactDaniel R. Vice, Trial Attorney, Division of Compliance, Office of the General Counsel, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814- 4408; telephone (301) 504-6996.
FR Citation81 FR 17683 

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