82_FR_18050 82 FR 17979 - The Middleby Corporation and Viking Range LLC, Provisional Acceptance of a Settlement Agreement and Order

82 FR 17979 - The Middleby Corporation and Viking Range LLC, Provisional Acceptance of a Settlement Agreement and Order

CONSUMER PRODUCT SAFETY COMMISSION

Federal Register Volume 82, Issue 71 (April 14, 2017)

Page Range17979-17982
FR Document2017-07557

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 The Middleby Corporation and Viking Range LLC, containing a civil penalty in the amount of four million, six hundred and fifty thousand dollars ($4,650,000), within thirty (30) days of service of the Commission's final Order accepting the Settlement Agreement.

Federal Register, Volume 82 Issue 71 (Friday, April 14, 2017)
[Federal Register Volume 82, Number 71 (Friday, April 14, 2017)]
[Notices]
[Pages 17979-17982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07557]


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

[CPSC Docket No. 17-C0003]


The Middleby Corporation and Viking Range LLC, 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 the Consumer 
Product Safety Commission's regulations. Published below is a 
provisionally-accepted Settlement Agreement with The Middleby 
Corporation and Viking Range LLC, containing a civil penalty in the 
amount of four million, six hundred and fifty thousand dollars 
($4,650,000), within thirty (30) days of service of the Commission's 
final Order accepting the Settlement Agreement.

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 May 1, 2017.

ADDRESSES: Persons wishing to comment on this Settlement Agreement 
should send written comments to the Comment 17-C0003, Office of the 
Secretary, Consumer Product Safety Commission, 4330 East-West Highway, 
Room 820, Bethesda, Maryland 20814-4408.

FOR FURTHER INFORMATION CONTACT: Leah Wade, Trial Attorney, Division of 
Compliance, Office of the General Counsel, Consumer Product Safety 
Commission, 4330 East West Highway, Bethesda, Maryland 20814-4408; 
telephone (301) 504-7225.

SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears 
below.\1\
---------------------------------------------------------------------------

    \1\ The Commission voted (4-1) to provisionally accept the 
Settlement Agreement and Order regarding The Middleby Corporation 
and Viking Range, LLC. Commissioner Kaye, Commissioner Adler, 
Commissioner Robinson and Commissioner Mohorovic voted to 
provisionally accept the Settlement Agreement and Order. Acting 
Chairman Buerkle voted to take other action as follows: 
Provisionally accept the attached Settlement Agreement and Order 
with an amendment so as to reduce the penalty amount to $2.0 
million.

    Dated: April 11, 2017.
Todd A. Stevenson,
Secretary.
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY COMMISSION

In the Matter of:

THE MIDDLEBY CORPORATION
and
VIKING RANGE, LLC

CPSC Docket No.: 17-C0003

SETTLEMENT AGREEMENT

    1. In accordance with the Consumer Product Safety Act, 15 U.S.C. 
2051-2089 (``CPSA'') and 16 CFR 1118.20, The Middleby Corporation and 
Viking Range, LLC, 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 CFR 1118.20(b). The 
Commission issues the Order under the provisions of the CPSA.
    3. Viking Range, LLC is a company, organized and existing under the 
laws of the state of Delaware, with its principal place of business in 
Greenwood, MS.
    4. Viking Range, LLC is a wholly owned subsidiary of The Middleby 
Corporation, a corporation, organized and existing under the laws of 
the state of Delaware, with its principal place of business in Elgin, 
IL. The Middleby Corporation acquired Viking from its former 
shareholders on December 31, 2012. With respect to all conduct 
occurring after December 31, 2012, as well as all ongoing commitments, 
the term ``Viking'' used herein refers both to The Middleby Corporation 
and Viking Range, LLC.

STAFF CHARGES

    5. Between July 2007 and July 2014, Viking manufactured and offered 
for sale in the United States approximately 52,000 freestanding 
30, 36, 48 and 60 Gas 
Ranges under the model families VGIC, VGCC, VGSC (``Ranges'').
    6. The Ranges 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). Viking is a 
``manufacturer'' of the Ranges, as such term is defined in section 
3(a)(11) of the CPSA, 15 U.S.C. 2052(a)(11).
    7. The Ranges contain a defect which could create a substantial 
product hazard and create an unreasonable risk of serious injury 
because the Ranges can turn on spontaneously and cannot be

[[Page 17980]]

turned off using the control knobs, resulting in extreme surface 
temperatures that pose a burn hazard to consumers.
    8. Between June 2008 and July 2014, Viking received 170 incident 
reports of Ranges turning on spontaneously, including reports from two 
consumers who were unable to turn off one of the Ranges using the 
controls and were then burned while attempting to disconnect the power 
source. Viking also received five reports that the Ranges had 
spontaneously turned on and caused property damage to the surrounding 
areas, such as the backsplash. Several consumers called 911 for 
assistance when they discovered that the Ranges had spontaneously 
turned on and could not be turned off or disconnected.
    9. After receiving a number of reports related to the Ranges, 
Viking collected and tested Ranges, and developed a repair for the 
Ranges. Viking also issued numerous engineering change orders and 
technical bulletins identifying the defect and providing instructions 
on how to conduct the repair.
    10. Despite having information reasonably supporting the conclusion 
that the Ranges contained a defect which could create a substantial 
product hazard and created an unreasonable risk of serious injury or 
death, Viking 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), in violation of section 19(a)(4) of the 
CPSA, 15 U.S.C. 2068(a)(4). Instead, Viking waited until July 2, 2014 
to file a Full Report with the Commission under 15 U.S.C. 2064(b).
    11. Viking and the Commission jointly announced a recall of the 
Ranges on May 21, 2015.
    12. Because the information in Viking's possession constituted 
actual and presumed knowledge, Viking 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, Viking 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 VIKING

    14. Viking's settlement of this matter does not constitute an 
admission of staff's charges set forth in paragraphs 5 through 13 
above.
    15. In July 2014, Viking notified the Commission pursuant to 
section 15(b) of the CPSA, 15 U.S.C. 2064(b), concerning Viking's 
receipt of complaints and incident reports that the Ranges could self-
start with the knobs in the off position if a significant amount of 
liquid from boil-overs, spills, or cleaning leaked inside the Ranges 
and pooled near the Ranges' electronic thermostats.
    16. In May 2015, in conjunction with the CPSC, Viking voluntarily 
announced a recall of all models of the Ranges that contained the 
design defect, regardless of whether Viking had received any complaints 
or incident reports related to those models.
    17. Viking recognizes that product safety is fundamental to sound 
and ethical business practice, to the integrity of the Viking brand, 
and to Viking's responsibility as a producer of quality consumer goods. 
Since The Middleby Corporation's acquisition of Viking Range, LLC, 
Viking has significantly increased its focus on consumer safety, 
including by implementing a robust Product Safety Compliance Program 
developed and overseen by The Middleby Corporation to establish, 
control and verify safe product design and prompt reporting of product 
safety defects to regulatory authorities.

AGREEMENT OF THE PARTIES

    18. Under the CPSA, the Commission has jurisdiction over the matter 
involving the Ranges and over the parties.
    19. The parties enter into the Agreement for settlement purposes 
only. The Agreement does not constitute an admission by Viking, or a 
determination by the Commission, that Viking violated the CPSA's 
reporting requirements.
    20. In settlement of staff's charges, and to avoid the cost, 
distraction, delay, uncertainty, and inconvenience of protracted 
litigation or other proceedings, Viking shall pay a civil penalty in 
the amount of four million, six hundred and fifty thousand dollars 
($4,650,000) 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 Viking under this Agreement. 
Failure to make such payment by the date specified in the Commission's 
final Order shall constitute Default.
    21. All unpaid amounts, if any, due and owing under the Agreement, 
shall constitute a debt due and immediately owing by Viking to the 
United States; and interest shall accrue and be paid by Viking 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''). Viking 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 Viking 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. Viking shall pay the United States all reasonable 
costs of collection and enforcement under this paragraph, respectively, 
including reasonable attorney's fees and expenses.
    22. After staff receives this Agreement executed on behalf of 
Viking, 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 C.F.R. 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 day after the date the Agreement is 
published in the Federal Register, in accordance with 16 C.F.R. 
1118.20(f).
    23. 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 C.F.R. 1118.20(h). Upon the later of: (i) 
Commission's final acceptance of this Agreement and service of the 
accepted Agreement upon Viking, 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.
    24. Effective upon the later of: (i) the Commission's final 
acceptance of the Agreement and service of the accepted Agreement upon 
Viking, and (ii) and the date of issuance of the final Order, for good 
and valuable consideration, Viking 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

[[Page 17981]]

determination by the Commission of whether Viking 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.
    25. Viking shall maintain a compliance program designed to ensure 
compliance with the CPSA with respect to any consumer product imported, 
manufactured, distributed or sold by Viking, and which shall contain 
the following elements: (i) written standards, policies and procedures, 
including those designed to ensure that information that may relate to 
or impact CPSA compliance (including information obtained by quality 
control personnel) is conveyed effectively to personnel responsible for 
CPSA compliance, whether or not an injury is referenced; (ii) 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; (iii) effective 
communication of company compliance-related policies and procedures 
regarding the CPSA to all applicable employees through training 
programs or otherwise; (iv) Viking's senior management responsibility 
for, and general board oversight of, CPSA compliance; (v) retention of 
all CPSA compliance-related records for at least five (5) years, and 
availability of such records to staff upon request; and (vi) a written 
standard, policy or procedure designed to ensure that the Firm shall 
seek to include a provision in any private protective order or 
settlement that specifically allows for disclosure of relevant consumer 
product safety information to the Commission and other applicable 
authorities.
    26. Viking shall maintain and enforce a system of internal controls 
and procedures designed to ensure that, with respect to all consumer 
products imported, manufactured, distributed or sold by Viking: (i) 
information required to be disclosed by Viking to the Commission is 
recorded, processed and reported in accordance with applicable law; 
(ii) all reporting made to the Commission is timely, truthful, 
complete, accurate and in accordance with applicable law; and (iii) 
prompt disclosure is made to Viking'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, Viking's ability to record, process and report to 
the Commission in accordance with applicable law.
    27. Upon reasonable request of staff, Viking shall provide written 
documentation of its internal controls and procedures, including, but 
not limited to, the effective dates of the procedures and improvements 
thereto. Viking shall cooperate fully and truthfully with staff and 
shall make available all non-privileged information and materials, and 
personnel deemed necessary by staff to evaluate Viking's compliance 
with the terms of the Agreement.
    28. The parties acknowledge and agree that the Commission may 
publicize the terms of the Agreement and the Order.
    29. Viking 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 Viking, enforceable against Viking in 
accordance with its terms. Viking will not directly or indirectly 
receive any reimbursement, indemnification, insurance-related payment, 
or other payment for the civil penalty to be paid pursuant to the 
Agreement and Order, except as ordered in Middleby Marshall Inc. v. 
Carl., No. N15C-10-249 (Del. Super. Ct.), or as memorialized in a 
written settlement agreement signed by the parties to that case. The 
individuals signing the Agreement on behalf of Viking represent and 
warrant that they are duly authorized by Viking to execute the 
Agreement.
    30. The signatories represent that they are authorized to execute 
this Agreement.
    31. The Agreement is governed by the laws of the United States.
    32. The Agreement and the Order shall apply to, and be binding 
upon, Viking and each of its successors, transferees, and assigns; and 
a violation of the Agreement or Order may subject Viking, and each of 
its successors, transferees, and assigns, to appropriate legal action.
    33. The Agreement and the Order constitute the complete agreement 
between the parties on the subject matter contained therein.
    34. 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.
    35. The Agreement may not be waived, amended, modified, or 
otherwise altered, except as in accordance with the provisions of 16 
C.F.R. 1118.20(h). The Agreement may be executed in counterparts.
    36. 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 Viking agree in writing that severing the provision materially 
affects the purpose of the Agreement and the Order.

(continued on next page)

THE MIDDLEBY CORPORATION and VIKING RANGE, LLC
Dated: March 29, 2017

By:--------------------------------------------------------------------

The Middleby Corporation and Viking Range, LLC

Dated: March 29, 2017

By:--------------------------------------------------------------------

Counsel to The Middleby Corporation and Viking Range, LLC

U.S. CONSUMER PRODUCT SAFETY COMMISSION

Mary T. Boyle,
General Counsel.

Mary B. Murphy,
Assistant General Counsel.

Dated: March 29, 2017

By:--------------------------------------------------------------------

Leah Wade,
Trial Attorney, Division of Compliance, Office of the General Counsel.
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY COMMISSION

In the Matter of:

THE MIDDLEBY CORPORATION
and
VIKING RANGE, LLC

CPSC Docket No.: 17-C0003

ORDER

    Upon consideration of the Settlement Agreement entered into between 
The Middleby Corporation and Viking Range, LLC (collectively 
``Viking''), and the U.S. Consumer Product Safety Commission 
(``Commission''), and the Commission having jurisdiction over the 
subject matter and over the parties, 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 Viking shall comply with the terms of the

[[Page 17982]]

Settlement Agreement and shall pay a civil penalty in the amount of 
four million, six hundred and fifty thousand dollars ($4,650,000), 
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 Viking to make the foregoing payment when due, 
interest on the unpaid amount shall accrue and be paid by Viking at the 
federal legal rate of interest set forth at 28 U.S.C. Sec.  1961(a) and 
(b). If Viking 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 11th day 
of April, 2017.

BY ORDER OF THE COMMISSION:

-----------------------------------------------------------------------

Todd A. Stevenson, Secretary
U.S. Consumer Product Safety Commission
[FR Doc. 2017-07557 Filed 4-13-17; 8:45 am]
 BILLING CODE 6355-01-P



                                                                                 Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices                                          17979

                                                  MR 1173—Refill, Sweeper Set, Dry Cloths,              CONSUMER PRODUCT SAFETY                               In the Matter of:
                                                    16 Count                                            COMMISSION                                            THE MIDDLEBY CORPORATION
                                                  MR 1174—Refill, Sweeper Set, Dry Cloths,                                                                    and
                                                    30 Count                                            [CPSC Docket No. 17–C0003]
                                                                                                                                                              VIKING RANGE, LLC
                                                  MR 1175—Refill, Sweeper Set, Wet Cloths,                                                                    CPSC Docket No.: 17–C0003
                                                                                                        The Middleby Corporation and Viking
                                                    24 Count
                                                                                                        Range LLC, Provisional Acceptance of                  SETTLEMENT AGREEMENT
                                                Mandatory for: The requirements of military
                                                                                                        a Settlement Agreement and Order
                                                    commissaries and exchanges in                                                                                1. In accordance with the Consumer
                                                    accordance with the Code of Federal                 AGENCY: Consumer Product Safety                       Product Safety Act, 15 U.S.C. 2051–
                                                    Regulations, 41 CFR 51–6.4                          Commission.                                           2089 (‘‘CPSA’’) and 16 CFR 1118.20,
                                                Mandatory Source(s) of Supply: LC                       ACTION: Notice.                                       The Middleby Corporation and Viking
                                                    Industries, Inc., Durham, NC                                                                              Range, LLC, and the United States
                                                Contracting Activity: Defense Commissary                SUMMARY:   It is the policy of the                    Consumer Product Safety Commission
                                                    Agency, Fort Lee, VA                                Commission to publish settlements                     (‘‘Commission’’), through its staff,
                                                Distribution: C-List                                    which it provisionally accepts under the              hereby enter into this Settlement
                                                NSN(s)—Product Name(s):                                 Consumer Product Safety Act in the                    Agreement (‘‘Agreement’’). The
                                                  3920–00–NIB–0001—Hand Truck, 48″ H x                  Federal Register in accordance with the               Agreement and the incorporated
                                                    22″ W, 8″ Solid Rubber Wheels                       terms of the Consumer Product Safety                  attached Order resolve staff’s charges set
                                                  3920–00–NIB–0002—Hand Truck, 45″ H x                  Commission’s regulations. Published                   forth below.
                                                    18″ W, 10″ Solid Rubber Wheels                      below is a provisionally-accepted
                                                  3920–00–NIB–0003—Hand Truck,                          Settlement Agreement with The                         THE PARTIES
                                                    Economy, 40″ H x 18″ W, 8″ Zero-                    Middleby Corporation and Viking Range                   2. The Commission is an independent
                                                    Pressure Rubber Tires                               LLC, containing a civil penalty in the                federal regulatory agency, established
                                                  3920–00–NIB–0004—Hand Truck, Double                   amount of four million, six hundred and               pursuant to, and responsible for, the
                                                    Handle, 48″ H x 22″ W, 10″ Pneumatic                fifty thousand dollars ($4,650,000),                  enforcement of the CPSA, 15 U.S.C.
                                                    Tires                                               within thirty (30) days of service of the             2051–2089. By executing the
                                                  3920–00–NIB–0005—Hand Truck,                          Commission’s final Order accepting the                Agreement, staff is acting on behalf of
                                                    Convertible, 48″ H x 22″ W, 10″                     Settlement Agreement.                                 the Commission, pursuant to 16 CFR
                                                    Pneumatic Tires with Wheel Guards                   DATES: Any interested person may ask                  1118.20(b). The Commission issues the
                                                Mandatory for: Total Government                         the Commission not to accept this                     Order under the provisions of the CPSA.
                                                    Requirement                                         agreement or otherwise comment on its                   3. Viking Range, LLC is a company,
                                                Mandatory Source(s) of Supply: Envision                 contents by filing a written request with             organized and existing under the laws of
                                                    Industries Inc., Wichita, KS                        the Office of the Secretary by May 1,                 the state of Delaware, with its principal
                                                Contracting Activity: Defense Logistics                 2017.                                                 place of business in Greenwood, MS.
                                                    Agency Troop Support                                ADDRESSES: Persons wishing to                           4. Viking Range, LLC is a wholly
                                                Distribution: B-List                                    comment on this Settlement Agreement                  owned subsidiary of The Middleby
                                                NSN(s)—Product Name(s):                                 should send written comments to the                   Corporation, a corporation, organized
                                                  8920–00–SAM–0169—Super Cereal Plus                    Comment 17–C0003, Office of the                       and existing under the laws of the state
                                                Mandatory for: 30% (total) of the requirement           Secretary, Consumer Product Safety                    of Delaware, with its principal place of
                                                    of the U.S. Agency for International                Commission, 4330 East-West Highway,                   business in Elgin, IL. The Middleby
                                                    Development’s World Food Program, as                Room 820, Bethesda, Maryland 20814–                   Corporation acquired Viking from its
                                                    aggregated by the USDA Farm Service                 4408.                                                 former shareholders on December 31,
                                                    Agency, IPD Packaged, Kansas City, MO               FOR FURTHER INFORMATION CONTACT:                      2012. With respect to all conduct
                                                Mandatory Source(s) of Supply: Transylvania             Leah Wade, Trial Attorney, Division of                occurring after December 31, 2012, as
                                                    Vocational Services, Inc., Brevard, NC              Compliance, Office of the General                     well as all ongoing commitments, the
                                                Contracting Activity: Farm Service Agency,                                                                    term ‘‘Viking’’ used herein refers both to
                                                                                                        Counsel, Consumer Product Safety
                                                    IPD Packaged, Kansas City, MO                                                                             The Middleby Corporation and Viking
                                                                                                        Commission, 4330 East West Highway,
                                                Distribution: C-List                                                                                          Range, LLC.
                                                                                                        Bethesda, Maryland 20814–4408;
                                                Service                                                 telephone (301) 504–7225.                             STAFF CHARGES
                                                Service Type: Custodial Service                         SUPPLEMENTARY INFORMATION: The text of
                                                                                                                                                                 5. Between July 2007 and July 2014,
                                                Mandatory for: Consumer Financial                       the Agreement and Order appears
                                                                                                                                                              Viking manufactured and offered for
                                                    Protection Bureau, CFPB Headquarters                below.1
                                                                                                                                                              sale in the United States approximately
                                                    Building, 1700 G Street and 1990 K                    Dated: April 11, 2017.                              52,000 freestanding 30″, 36″, 48″ and
                                                    Street (Floors 7, 8, 9 pantries only),              Todd A. Stevenson,                                    60″ Gas Ranges under the model
                                                    Washington, DC.                                     Secretary.                                            families VGIC, VGCC, VGSC (‘‘Ranges’’).
                                                Mandatory Source(s) of Supply: Didlake, Inc.,           UNITED STATES OF AMERICA                                6. The Ranges are a ‘‘consumer
                                                    Manassas, VA                                        CONSUMER PRODUCT SAFETY                               product,’’ ‘‘distribut[ed] in commerce,’’
                                                Contracting Activity: Consumer Financial                 COMMISSION                                           as those terms are defined or used in
                                                    Protection Bureau                                                                                         sections 3(a)(5) and (8) of the CPSA, 15
                                                Patricia Briscoe,
                                                                                                          1 The Commission voted (4–1) to provisionally
                                                                                                                                                              U.S.C. 2052(a)(5) and (8). Viking is a
                                                                                                        accept the Settlement Agreement and Order
sradovich on DSK3GMQ082PROD with NOTICES




                                                Deputy Director, Business Operations (Pricing
                                                                                                                                                              ‘‘manufacturer’’ of the Ranges, as such
                                                                                                        regarding The Middleby Corporation and Viking
                                                and Information Management).                            Range, LLC. Commissioner Kaye, Commissioner           term is defined in section 3(a)(11) of the
                                                                                                        Adler, Commissioner Robinson and Commissioner         CPSA, 15 U.S.C. 2052(a)(11).
                                                [FR Doc. 2017–07575 Filed 4–13–17; 8:45 am]
                                                                                                        Mohorovic voted to provisionally accept the             7. The Ranges contain a defect which
                                                BILLING CODE 6353–01–P                                  Settlement Agreement and Order. Acting Chairman       could create a substantial product
                                                                                                        Buerkle voted to take other action as follows:
                                                                                                        Provisionally accept the attached Settlement
                                                                                                                                                              hazard and create an unreasonable risk
                                                                                                        Agreement and Order with an amendment so as to        of serious injury because the Ranges can
                                                                                                        reduce the penalty amount to $2.0 million.            turn on spontaneously and cannot be


                                           VerDate Sep<11>2014   16:21 Apr 13, 2017   Jkt 241001   PO 00000   Frm 00013   Fmt 4703   Sfmt 4703   E:\FR\FM\14APN1.SGM   14APN1


                                                17980                            Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices

                                                turned off using the control knobs,                     incident reports that the Ranges could                from the date of Default, until all
                                                resulting in extreme surface                            self-start with the knobs in the off                  amounts due have been paid in full
                                                temperatures that pose a burn hazard to                 position if a significant amount of liquid            (hereinafter ‘‘Default Payment Amount’’
                                                consumers.                                              from boil-overs, spills, or cleaning                  and ‘‘Default Interest Balance’’). Viking
                                                   8. Between June 2008 and July 2014,                  leaked inside the Ranges and pooled                   shall consent to a Consent Judgment in
                                                Viking received 170 incident reports of                 near the Ranges’ electronic thermostats.              the amount of the Default Payment
                                                Ranges turning on spontaneously,                           16. In May 2015, in conjunction with               Amount and Default Interest Balance;
                                                including reports from two consumers                    the CPSC, Viking voluntarily announced                and the United States, at its sole option,
                                                who were unable to turn off one of the                  a recall of all models of the Ranges that             may collect the entire Default Payment
                                                Ranges using the controls and were then                 contained the design defect, regardless               Amount and Default Interest Balance, or
                                                burned while attempting to disconnect                   of whether Viking had received any                    exercise any other rights granted by law
                                                the power source. Viking also received                  complaints or incident reports related to             or in equity, including, but not limited
                                                five reports that the Ranges had                        those models.                                         to, referring such matters for private
                                                spontaneously turned on and caused                         17. Viking recognizes that product                 collection; and Viking agrees not to
                                                property damage to the surrounding                      safety is fundamental to sound and                    contest, and hereby waives and
                                                areas, such as the backsplash. Several                  ethical business practice, to the integrity           discharges, any defenses to any
                                                consumers called 911 for assistance                     of the Viking brand, and to Viking’s                  collection action undertaken by the
                                                when they discovered that the Ranges                    responsibility as a producer of quality               United States, or its agents or
                                                had spontaneously turned on and could                   consumer goods. Since The Middleby                    contractors, pursuant to this paragraph.
                                                not be turned off or disconnected.                      Corporation’s acquisition of Viking                   Viking shall pay the United States all
                                                   9. After receiving a number of reports               Range, LLC, Viking has significantly                  reasonable costs of collection and
                                                related to the Ranges, Viking collected                 increased its focus on consumer safety,               enforcement under this paragraph,
                                                and tested Ranges, and developed a                      including by implementing a robust                    respectively, including reasonable
                                                repair for the Ranges. Viking also issued               Product Safety Compliance Program                     attorney’s fees and expenses.
                                                numerous engineering change orders                      developed and overseen by The                            22. After staff receives this Agreement
                                                and technical bulletins identifying the                 Middleby Corporation to establish,                    executed on behalf of Viking, staff shall
                                                defect and providing instructions on                    control and verify safe product design                promptly submit the Agreement to the
                                                how to conduct the repair.                              and prompt reporting of product safety                Commission for provisional acceptance.
                                                   10. Despite having information                       defects to regulatory authorities.                    Promptly following provisional
                                                reasonably supporting the conclusion                                                                          acceptance of the Agreement by the
                                                                                                        AGREEMENT OF THE PARTIES
                                                that the Ranges contained a defect                                                                            Commission, the Agreement shall be
                                                which could create a substantial                          18. Under the CPSA, the Commission                  placed on the public record and
                                                product hazard and created an                           has jurisdiction over the matter                      published in the Federal Register, in
                                                unreasonable risk of serious injury or                  involving the Ranges and over the                     accordance with the procedures set
                                                death, Viking did not notify the                        parties.                                              forth in 16 C.F.R. 1118.20(e). If the
                                                Commission immediately of such defect                     19. The parties enter into the                      Commission does not receive any
                                                or risk, as required by sections 15(b)(3)               Agreement for settlement purposes only.               written request not to accept the
                                                and (4) of the CPSA, 15 U.S.C.                          The Agreement does not constitute an                  Agreement within fifteen (15) calendar
                                                2064(b)(3) and (4), in violation of                     admission by Viking, or a determination               days, the Agreement shall be deemed
                                                section 19(a)(4) of the CPSA, 15 U.S.C.                 by the Commission, that Viking violated               finally accepted on the 16th calendar
                                                2068(a)(4). Instead, Viking waited until                the CPSA’s reporting requirements.                    day after the date the Agreement is
                                                July 2, 2014 to file a Full Report with                   20. In settlement of staff’s charges,               published in the Federal Register, in
                                                the Commission under 15 U.S.C.                          and to avoid the cost, distraction, delay,            accordance with 16 C.F.R. 1118.20(f).
                                                2064(b).                                                uncertainty, and inconvenience of                        23. This Agreement is conditioned
                                                   11. Viking and the Commission                        protracted litigation or other                        upon, and subject to, the Commission’s
                                                jointly announced a recall of the Ranges                proceedings, Viking shall pay a civil                 final acceptance, as set forth above, and
                                                on May 21, 2015.                                        penalty in the amount of four million,                it is subject to the provisions of 16
                                                   12. Because the information in                       six hundred and fifty thousand dollars                C.F.R. 1118.20(h). Upon the later of: (i)
                                                Viking’s possession constituted actual                  ($4,650,000) within thirty (30) calendar              Commission’s final acceptance of this
                                                and presumed knowledge, Viking                          days after receiving service of the                   Agreement and service of the accepted
                                                knowingly violated section 19(a)(4) of                  Commission’s final Order accepting the                Agreement upon Viking, and (ii) the
                                                the CPSA, 15 U.S.C. 2068(a)(4), as the                  Agreement. All payments to be made                    date of issuance of the final Order, this
                                                term ‘‘knowingly’’ is defined in section                under the Agreement shall constitute                  Agreement shall be in full force and
                                                20(d) of the CPSA, 15 U.S.C. 2069(d).                   debts owing to the United States and                  effect, and shall be binding upon the
                                                   13. Pursuant to Section 20 of the                    shall be made by electronic wire transfer             parties.
                                                CPSA, 15 U.S.C. 2069, Viking is subject                 to the United States via http://                         24. Effective upon the later of: (i) the
                                                to civil penalties for its knowing                      www.pay.gov, for allocation to, and                   Commission’s final acceptance of the
                                                violation of section 19(a)(4) of the                    credit against, the payment obligations               Agreement and service of the accepted
                                                CPSA, 15 U.S.C. 2068(a)(4).                             of Viking under this Agreement. Failure               Agreement upon Viking, and (ii) and the
                                                                                                        to make such payment by the date                      date of issuance of the final Order, for
                                                RESPONSE OF VIKING                                      specified in the Commission’s final                   good and valuable consideration, Viking
                                                                                                                                                              hereby expressly and irrevocably waives
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                                                  14. Viking’s settlement of this matter                Order shall constitute Default.
                                                does not constitute an admission of                       21. All unpaid amounts, if any, due                 and agrees not to assert any past,
                                                staff’s charges set forth in paragraphs 5               and owing under the Agreement, shall                  present, or future rights to the following,
                                                through 13 above.                                       constitute a debt due and immediately                 in connection with the matter described
                                                  15. In July 2014, Viking notified the                 owing by Viking to the United States;                 in this Agreement: (i) an administrative
                                                Commission pursuant to section 15(b) of                 and interest shall accrue and be paid by              or judicial hearing; (ii) judicial review
                                                the CPSA, 15 U.S.C. 2064(b), concerning                 Viking at the federal legal rate of interest          or other challenge or contest of the
                                                Viking’s receipt of complaints and                      set forth at 28 U.S.C. 1961(a) and (b),               Commission’s actions; (iii) a


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                                                                                 Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices                                          17981

                                                determination by the Commission of                         27. Upon reasonable request of staff,                35. The Agreement may not be
                                                whether Viking failed to comply with                    Viking shall provide written                          waived, amended, modified, or
                                                the CPSA and the underlying                             documentation of its internal controls                otherwise altered, except as in
                                                regulations; (iv) a statement of findings               and procedures, including, but not                    accordance with the provisions of 16
                                                of fact and conclusions of law; and (v)                 limited to, the effective dates of the                C.F.R. 1118.20(h). The Agreement may
                                                any claims under the Equal Access to                    procedures and improvements thereto.                  be executed in counterparts.
                                                Justice Act.                                            Viking shall cooperate fully and                        36. If any provision of the Agreement
                                                   25. Viking shall maintain a                          truthfully with staff and shall make                  or the Order is held to be illegal,
                                                compliance program designed to ensure                   available all non-privileged information              invalid, or unenforceable under present
                                                compliance with the CPSA with respect                   and materials, and personnel deemed                   or future laws effective during the terms
                                                to any consumer product imported,                       necessary by staff to evaluate Viking’s               of the Agreement and the Order, such
                                                manufactured, distributed or sold by                    compliance with the terms of the                      provision shall be fully severable. The
                                                Viking, and which shall contain the                     Agreement.                                            balance of the Agreement and the Order
                                                following elements: (i) written                            28. The parties acknowledge and                    shall remain in full force and effect,
                                                standards, policies and procedures,                     agree that the Commission may                         unless the Commission and Viking agree
                                                including those designed to ensure that                 publicize the terms of the Agreement                  in writing that severing the provision
                                                information that may relate to or impact                and the Order.                                        materially affects the purpose of the
                                                CPSA compliance (including                                 29. Viking represents that the                     Agreement and the Order.
                                                information obtained by quality control                 Agreement: (i) is entered into freely and             (continued on next page)
                                                personnel) is conveyed effectively to                   voluntarily, without any degree of
                                                                                                        duress or compulsion whatsoever; (ii)                 THE MIDDLEBY CORPORATION and
                                                personnel responsible for CPSA
                                                compliance, whether or not an injury is                 has been duly authorized; and (iii)                   VIKING RANGE, LLC
                                                                                                        constitutes the valid and binding                     Dated: March 29, 2017
                                                referenced; (ii) a mechanism for
                                                confidential employee reporting of                      obligation of Viking, enforceable against             By: llllllllllllllll
                                                compliance-related questions or                         Viking in accordance with its terms.                  The Middleby Corporation and Viking
                                                concerns to either a compliance officer                 Viking will not directly or indirectly                Range, LLC
                                                or to another senior manager with                       receive any reimbursement,                            Dated: March 29, 2017
                                                authority to act as necessary; (iii)                    indemnification, insurance-related                    By: llllllllllllllll
                                                effective communication of company                      payment, or other payment for the civil
                                                                                                                                                              Counsel to The Middleby Corporation
                                                compliance-related policies and                         penalty to be paid pursuant to the
                                                                                                                                                              and Viking Range, LLC
                                                procedures regarding the CPSA to all                    Agreement and Order, except as ordered
                                                applicable employees through training                   in Middleby Marshall Inc. v. Carl., No.               U.S. CONSUMER PRODUCT SAFETY
                                                programs or otherwise; (iv) Viking’s                    N15C–10–249 (Del. Super. Ct.), or as                  COMMISSION
                                                senior management responsibility for,                   memorialized in a written settlement                  Mary T. Boyle,
                                                and general board oversight of, CPSA                    agreement signed by the parties to that               General Counsel.
                                                compliance; (v) retention of all CPSA                   case. The individuals signing the                     Mary B. Murphy,
                                                compliance-related records for at least                 Agreement on behalf of Viking represent               Assistant General Counsel.
                                                five (5) years, and availability of such                and warrant that they are duly                        Dated: March 29, 2017
                                                records to staff upon request; and (vi) a               authorized by Viking to execute the                   By: llllllllllllllll
                                                written standard, policy or procedure                   Agreement.                                            Leah Wade,
                                                designed to ensure that the Firm shall                     30. The signatories represent that they
                                                                                                                                                              Trial Attorney, Division of Compliance,
                                                seek to include a provision in any                      are authorized to execute this
                                                                                                                                                                Office of the General Counsel.
                                                private protective order or settlement                  Agreement.                                            UNITED STATES OF AMERICA
                                                that specifically allows for disclosure of                 31. The Agreement is governed by the
                                                                                                                                                              CONSUMER PRODUCT SAFETY
                                                relevant consumer product safety                        laws of the United States.
                                                                                                           32. The Agreement and the Order                      COMMISSION
                                                information to the Commission and
                                                other applicable authorities.                           shall apply to, and be binding upon,                  In the Matter of:
                                                   26. Viking shall maintain and enforce                Viking and each of its successors,                    THE MIDDLEBY CORPORATION
                                                a system of internal controls and                       transferees, and assigns; and a violation             and
                                                procedures designed to ensure that,                     of the Agreement or Order may subject                 VIKING RANGE, LLC
                                                with respect to all consumer products                   Viking, and each of its successors,                   CPSC Docket No.: 17–C0003
                                                imported, manufactured, distributed or                  transferees, and assigns, to appropriate
                                                                                                                                                              ORDER
                                                sold by Viking: (i) information required                legal action.
                                                to be disclosed by Viking to the                           33. The Agreement and the Order                      Upon consideration of the Settlement
                                                Commission is recorded, processed and                   constitute the complete agreement                     Agreement entered into between The
                                                reported in accordance with applicable                  between the parties on the subject                    Middleby Corporation and Viking
                                                law; (ii) all reporting made to the                     matter contained therein.                             Range, LLC (collectively ‘‘Viking’’), and
                                                Commission is timely, truthful,                            34. The Agreement may be used in                   the U.S. Consumer Product Safety
                                                complete, accurate and in accordance                    interpreting the Order. Understandings,               Commission (‘‘Commission’’), and the
                                                with applicable law; and (iii) prompt                   agreements, representations, or                       Commission having jurisdiction over
                                                disclosure is made to Viking’s                          interpretations apart from those                      the subject matter and over the parties,
                                                                                                        contained in the Agreement and the
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                                                management of any significant                                                                                 and it appearing that the Settlement
                                                deficiencies or material weaknesses in                  Order may not be used to vary or                      Agreement and the Order are in the
                                                the design or operation of such internal                contradict their terms. For purposes of               public interest, it is:
                                                controls that are reasonably likely to                  construction, the Agreement shall be                    ORDERED that the Settlement
                                                affect adversely, in any material respect,              deemed to have been drafted by both of                Agreement be, and is, hereby, accepted;
                                                Viking’s ability to record, process and                 the parties and shall not, therefore, be              and it is
                                                report to the Commission in accordance                  construed against any party, for that                   FURTHER ORDERED that Viking
                                                with applicable law.                                    reason, in any subsequent dispute.                    shall comply with the terms of the


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                                                17982                            Federal Register / Vol. 82, No. 71 / Friday, April 14, 2017 / Notices

                                                Settlement Agreement and shall pay a                    specifically authorized under criteria                Requirements.’’ The objective of this
                                                civil penalty in the amount of four                     established by an Executive Order to be               FY17 study is to analyze Nuclear
                                                million, six hundred and fifty thousand                 kept secret in the interest of national               Hardness and Survivability (NH&S)
                                                dollars ($4,650,000), within thirty (30)                defense or foreign policy and (B) in fact             requirements and to assess the best
                                                days after service of the Commission’s                  properly classified pursuant to such                  methods to verify these requirements.
                                                final Order accepting the Settlement                    Executive Order.’’
                                                                                                                                                              Brenda S. Bowen,
                                                Agreement. The payment shall be made                    SUPPLEMENTARY INFORMATION: (Filing
                                                by electronic wire transfer to the                                                                            Army Federal Register Liaison Officer.
                                                                                                        Written Statement) Pursuant to 41 CFR
                                                Commission via: http://www.pay.gov.                                                                           [FR Doc. 2017–07570 Filed 4–13–17; 8:45 am]
                                                                                                        102–3.140d, the Committee is not
                                                Upon the failure of Viking to make the                  obligated to allow the public to speak;               BILLING CODE 5001–03–P
                                                foregoing payment when due, interest                    however, interested persons may submit
                                                on the unpaid amount shall accrue and                   a written statement for consideration by
                                                be paid by Viking at the federal legal                  the Subcommittees. Individuals                        DEPARTMENT OF DEFENSE
                                                rate of interest set forth at 28 U.S.C.                 submitting a written statement must                   Office of the Secretary
                                                § 1961(a) and (b). If Viking fails to make              submit their statement to the DFO at the
                                                such payment or to comply in full with                  address listed above. Written statements              Board of Regents, Uniformed Services
                                                any other provision of the Settlement                   not received at least 10 calendar days                University of the Health Sciences;
                                                Agreement, such conduct will be                         prior to the meeting may not be                       Notice of Federal Advisory Committee
                                                considered a violation of the Settlement                considered by the Board prior to its                  Meeting
                                                Agreement and Order.                                    scheduled meeting.
                                                   Provisionally accepted and                              The DFO will review all timely                     AGENCY:  Under Secretary of Defense for
                                                provisional Order issued on the 11th                    submissions with the Board’s executive                Personnel and Readiness, Department of
                                                day of April, 2017.                                     committee and ensure they are provided                Defense.
                                                BY ORDER OF THE COMMISSION:                             to the specific study members as                      ACTION: Notice of Federal Advisory
                                                  llllllllllllllllll                                    necessary before, during, or after the                Committee meeting.
                                                Todd A. Stevenson, Secretary                            meeting. After reviewing written
                                                                                                        comments, the study chairs and the                    SUMMARY:   The Department of Defense is
                                                U.S. Consumer Product Safety                                                                                  publishing this notice to announce that
                                                Commission                                              DFO may choose to invite the submitter
                                                                                                        of the comments to orally present their               the following Federal Advisory
                                                [FR Doc. 2017–07557 Filed 4–13–17; 8:45 am]
                                                                                                        issue during a future open meeting.                   Committee meeting of the Board of
                                                BILLING CODE 6355–01–P
                                                                                                           The DFO, in consultation with the                  Regents, Uniformed Services University
                                                                                                        executive committee, may allot a                      of the Health Sciences will take place.
                                                                                                        specific amount of time for members of                DATES: Open to the public, Friday, May
                                                DEPARTMENT OF DEFENSE
                                                                                                        the public to present their issues for                19, 2017 from 8:00 a.m. to 10:15 a.m.
                                                Department of the Army                                  discussion.                                           Closed to the public, Friday, May 19,
                                                                                                           Name of Committee: Army Science                    2017 from 10:25 a.m. to 10:55 a.m.
                                                Army Science Board Closed Meeting                       Board (ASB) Spring Voting Session.                    ADDRESSES: Uniformed Services
                                                Notice                                                     Date: Tuesday, May 02, 2017.                       University of the Health Sciences, 4301
                                                                                                           Time: 0900–1100.                                   Jones Bridge Road, Everett Alvarez Jr.
                                                AGENCY:   Department of the Army, DoD.                     Location: Georgia Technology                       Board of Regents Room (D3001),
                                                ACTION:   Notice of a closed meeting.                   Research Institute Conference Center,                 Bethesda, Maryland 20814.
                                                                                                        250 14th St. NW., Room 112, Atlanta,
                                                SUMMARY:   Pursuant to the Federal                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                        GA 30318.
                                                Advisory Committee Act of 1972, the                        Purpose of Meeting: The purpose of                 Jennifer Nuetzi James, 301–295–3066
                                                Government in the Sunshine Act of                       the meeting is for all members of the                 (Voice), 301–295–1960 (Facsimile),
                                                1976 and the Code of Federal                            ASB and its subcommittees to meet and                 jennifer.nuetzi-james@usuhs.edu
                                                Regulations, the Department of the                      present one of six Fiscal Year 2016                   (Email). Mailing address is 4301 Jones
                                                Army announces the following                            (FY16) studies and present one of five                Bridge Road, A1020, Bethesda,
                                                committee meeting: Army Science                         Fiscal Year 2017 (FY17) studies to the                Maryland 20814. Web site: https://
                                                Board (ASB) Spring Voting Session.                      voting members for their consideration,               www.usuhs.edu/vpe/bor. The most up-
                                                FOR FURTHER INFORMATION CONTACT:                        deliberation, and vote.                               to-date changes to the meeting agenda
                                                Army Science Board, Designated                             Agenda: The board will present                     can be found on the Web site.
                                                Federal Officer, 2530 Crystal Drive,                    findings and recommendations for                      SUPPLEMENTARY INFORMATION: This
                                                Suite 7098, Arlington, VA 22202; MAJ                    deliberation and vote on the following                meeting is being held under the
                                                Sean M. Madden, the committee’s                         FY16 and FY17 studies:                                provisions of the Federal Advisory
                                                Designated Federal Officer (DFO), at                       ‘‘Disruptive Innovative Concepts for               Committee Act (FACA) of 1972 (5
                                                (703) 545–8652 or email:                                the Future Army.’’ This study offers                  U.S.C., Appendix, as amended), the
                                                sean.m.madden.mil@mail.mil, or Mr.                      innovative concepts and enabling                      Government in the Sunshine Act of
                                                Paul Woodward at (703) 695–8344 or                      technologies for the future Army. The                 1976 (5 U.S.C. 552b, as amended), and
                                                email: paul.j.woodward2.civ@mail.mil.                   concepts are consistent with the                      41 CFR 102–3.140 and 102–3.150.
                                                   Public’s Accessibility to the Meeting:               findings and recommendations of                         Pursuant to 5 U.S.C. 552b(c)(2, 5–7),
                                                The Department of the Army has                                                                                the Department of Defense has
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                                                                                                        Unified Quest exercises, according with
                                                determined that the closed meeting is                   Army Warfighting challenges and                       determined that the portion of the
                                                properly closed in accordance with 5                    address future threats. This is an                    meeting from 10:25 a.m. to 10:55 a.m.
                                                U.S.C. 552b(c)(1), which permits                        ongoing FY16 study that incorporates                  shall be closed to the public. The Under
                                                Federal Advisory Committee meetings                     the findings and recommendations from                 Secretary of Defense (Personnel and
                                                to be closed which are likely to                        five other FY16 ASB studies.                          Readiness), in consultation with the
                                                ‘‘disclose matters that are (A)                            ‘‘Nuclear Survivability in Future                  Office of the Department of Defense
                                                                                                        Warfare: How to Effectively Assess                    General Counsel, has determined in


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Document Created: 2017-04-14 00:56:12
Document Modified: 2017-04-14 00:56:12
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 request with the Office of the Secretary by May 1, 2017.
ContactLeah Wade, Trial Attorney, Division of Compliance, Office of the General Counsel, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-7225.
FR Citation82 FR 17979 

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