Commodity Pool Operators and Commodity Pool Industry Issues; Meeting, 15842 [05-6084]
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15842
Federal Register / Vol. 70, No. 59 / Tuesday, March 29, 2005 / Notices
COMMODITY FUTURES TRADING
COMMISSION
Commodity Pool Operators and
Commodity Pool Industry Issues;
Meeting
Commodity Futures Trading
Commission.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: Notice is hereby given that
the Commodity Futures Trading
Commission (‘‘Commission’’) will hold
a public roundtable meeting at which
invited participants will discuss issues
concerning commodity pool operators
and the commodity pool industry. An
agenda and list of participants will be
available on the Commission’s Web site,
https://www.cftc.gov.
DATES: Wednesday, April 6, 2005, from
9 a.m. to 3:15 p.m.
PLACE: Commission Headquarters, 1155
21st Street, NW., Washington, DC.
Lobby Level Hearing Room.
STATUS: Open.
FOR FURTHER INFORMATION CONTACT: Jean
A. Webb, 202–418–5100.
Issued in Washington, DC, this 23rd day of
March, 2005.
By the Commodity Futures Trading
Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 05–6084 Filed 3–28–05; 8:45 am]
BILLING CODE 6351–01–M
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 05–C0006]
Grace Children’s Products, Inc., a
Corporation and Century Products,
f/k/a Century Products Company,
Provisional Acceptance of a
Settlement Agreement and Order.
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
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 118.20. Published
below is a provisionally-accepted
Settlement Agreement with Graco
Children’s Products, Inc. a corporation
and Century Products, f/k/a Century
Products Company, containing a civil
penalty of $4,000,000.00.
DATES: Any interested person may ask
the Commission not to accept this
VerDate jul<14>2003
17:01 Mar 28, 2005
Jkt 205001
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by April 13,
2005.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 05–C0006, Office of the
Secretary, Consumer Product Safety
Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT:
William J. Moore, Jr., Trial Attorney,
Office of Compliance, Consumer
Product Safety Commission,
Washington, DC 20207; telephone (301)
504–7583.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: March 22, 2005.
Todd A. Stevenson,
Secretary.
Settlement Agreement and Order
1. This Settlement Agreement is made
by and between the staff (‘‘the staff’’ ) of
the United States Consumer Product
Safety Commission (‘‘the Commission’’)
and Graco Children’s Products, Inc.
(‘‘Graco’’) in accordance with 16 CFR
1118.20 of the Commission’s Procedures
for Investigations, Inspections, and
Inquiries under the Consumer Product
Safety Act (‘‘CPSA’’). This Settlement
Agreement and the incorporated,
attached Order resolve the staff’s
allegations set forth below.
I. The Parties
2. The United States Consumer
Product Safety Commission is an
independent federal regulatory agency
responsible for the enforcement of the
Consumer Product Safety Act, 15 U.S.C.
2051–2084, the Federal Hazardous
Substances Act, 15 U.S.C. 1261–1278,
and the other transferred Acts identified
in 15 U.S.C. 2079.
3. Graco Children’s Products, Inc. is a
corporation organized and existing
under the laws of the State of
Pennsylvania. Graco is a wholly owned
subsidiary of Newell Rubbermaid, Inc.
Graco’s principal offices are located at
150 Oaklands Boulevard, Exton,
Pennsylvania 19341.
Corporate Background and the Scope of
This Agreement
4. In 1996, Rubbermaid Incorporated
(‘‘Rubbermaid,’’) then an Ohio
corporation, acquired Graco. Graco
retained its separate corporate status.
Until 1998, Century Products Company
(‘‘Century’’) was a separate corporation
organized under the laws of the State of
Delaware. In 1998 Rubbermaid acquired
certain assets and liabilities of Century.
PO 00000
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Fmt 4703
Sfmt 4703
In 1999, Newell Co., (‘‘Newell,’’ a
Delaware corporation) merged with
Rubbermaid. Rubbermaid became a
wholly owned subsidiary of Newell and
Newell Co. changed its corporate name
to Newell Rubbermaid Inc.
5. By this Agreement, Graco is settling
alleged reporting violations: by Century
before Century’s assets were acquired by
Graco’s parent company Rubbermaid; by
Century during the period that straddled
Century’s status as an independent
corporation and after it was acquired by
Graco’s parent, Rubbermaid; by Graco
when it was a family owned and
operated business, prior to 1997; by
Graco after it was acquired by
Rubbermaid but still operating
independently; and by Graco prior to its
management restructuring by its current
corporate parent, Newell.
II. Staff Allegations: Century Infant
Seat/Carrier
6. Between 1991 and 1997, Century
manufactured and distributed in United
States commerce rear-facing infant seat/
carriers, sometimes known as its
‘‘Assura’’ line. The infant seat/carrier,
when separated from its anchored base
in a motor vehicle, became an infant
carrier for use in the home, during
shopping, in recreation or otherwise.
Century was, therefore, a
‘‘manufacturer’’ of a ‘‘consumer
product’’ ‘‘Distributed in commerce’’ as
those terms are defined in 15 U.S.C.
2052(a)(1), (4), (11) and (12).
7. While using the infant carrier, the
carrying handle could crack and/or
break and/or the handle could fail to
lock the carrier seat securely into place.
These flaws in the carrier handles and
locking mechanisms are defects under
section 15 of the CPSA, 15 U.S.C. 2064.
The babies being carried in the carrier
seats could, and did, fall from defective
carriers and suffered serious injuries.
All injuries occurred while this product
was being used as an infant carrier.
8. Century made several attempts to
strengthen the Assura handle and
redesigned the locking mechanism
between 1993 and 1998. It replaced
between 2,700 and 3,400 handles in
response to consumer complaints.
9. Century never reported this
information to the Commission staff.
Indeed, in 1998, when the staff first
investigated the Assura car seat/carriers,
Century personnel failed to provide the
staff with critically important
information about incidents, injuries
and engineering changes. This failure to
provide a complete report impeded an
effective analysis of the defects and
hazard associated with these products
and unduly delayed implementation of
a safety recall.
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[Federal Register Volume 70, Number 59 (Tuesday, March 29, 2005)]
[Notices]
[Page 15842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6084]
[[Page 15842]]
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COMMODITY FUTURES TRADING COMMISSION
Commodity Pool Operators and Commodity Pool Industry Issues;
Meeting
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the Commodity Futures Trading
Commission (``Commission'') will hold a public roundtable meeting at
which invited participants will discuss issues concerning commodity
pool operators and the commodity pool industry. An agenda and list of
participants will be available on the Commission's Web site, https://
www.cftc.gov.
DATES: Wednesday, April 6, 2005, from 9 a.m. to 3:15 p.m.
PLACE: Commission Headquarters, 1155 21st Street, NW., Washington, DC.
Lobby Level Hearing Room.
STATUS: Open.
FOR FURTHER INFORMATION CONTACT: Jean A. Webb, 202-418-5100.
Issued in Washington, DC, this 23rd day of March, 2005.
By the Commodity Futures Trading Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 05-6084 Filed 3-28-05; 8:45 am]
BILLING CODE 6351-01-M
