Tiffany and Company, a Corporation, Provisional Acceptance of a Settlement Agreement and Order, 41426-41428 [06-6402]
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Federal Register / Vol. 71, No. 140 / Friday, July 21, 2006 / Notices
owner and/or operator must have the
MTU or E-MTU properly installed on
the vessel and activated utilizing a typeapproved communications provider.
Upon completion of the installation and
activation process, the vessel owner
and/or operator must contact the VMS
Support Center by calling 888–219–
9228 to ensure the vessel is properly
registered in the VMS system. OLE does
not consider a vessel in compliance
until the MTU or E-MTU signal has
been received and processed by OLE.
III. Process
Vessel owners and/or operators that
have purchased a MTU or E-MTU, and
have validated their compliance with
the applicable regulations through OLE,
may contact the PSMFC, 45 SE 82nd
Drive, Suite 100, Gladstone, Oregon
97027–2522, phone 503–650–5300, fax
503–650–5426, for a reimbursement
application. Once the application is
received and completed by the vessel
owner and/or operator, it must be
returned to PSMFC along with proof of
eligibility in order to qualify for an
award. The required proof of eligibility
includes proof of a valid commercial
fishing permit for fishery requiring
VMS; proof of purchase and the
purchase price of a type-approved MTU
or E-MTU; and a valid compliance
confirmation code issued by OLE.
Vessel owners and/or operators are
not restricted as to which type-approved
MTU or E-MTU device they can
purchase. However, the amount of the
reimbursement will be limited to the
cost of the least expensive MTU or EMTU type-approved for their permitted
fishery. Vessel owners and/or operators
are encouraged to compare the features
of all MTU and E-MTU devices typeapproved for their permitted fishery
prior to making their purchase decision.
Vessel owners/operators are limited to
reimbursement of the cost of purchasing
one MTU or E-MTU per permitted
vessel.
Dated: July 11, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. E6–11550 Filed 7–20–06; 8:45 am]
rwilkins on PROD1PC63 with NOTICES_1
BILLING CODE 3510–22–S
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 06–C0005]
Tiffany and Company, a Corporation,
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 1118.20(e). Published
below is a provisionally-accepted
Settlement Agreement with Tiffany and
Company, a corporation, containing a
civil penalty of $262,500.
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 August 7,
2006.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 06–C0005, 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: July 18, 2006.
Todd A. Stevenson,
Secretary.
In the Matter of Tiffany and Company,
a Corporation
Settlement Agreement and Order
1. This Settlement Agreement is made
by and between the staff (the ‘‘staff’’) of
the U.S. Consumer Product Safety
Commission (the ‘‘Commission’’) and
Tiffany and Company (‘‘Tiffany’’), a
corporation, 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.
The Parties
2. The Commission is an independent
federal regulatory agency responsible for
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19:31 Jul 20, 2006
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Sfmt 4703
the enforcement of the Consumer
Product Safety Act, 15 U.S.C. 2051–
2084.
3. Tiffany is a corporation organized
and existing under the laws of the State
of New York with its principal corporate
office located at 727 Fifth Avenue, New
York, New York. At all times relevant
herein Tiffany marketed, distributed
and sold fine jewelry, timepieces, china,
crystal, silverware and silver baby
rattles and teethers, among other
consumer products.
Staff Allegations
4. From November 2002 through
February 2004, Tiffany sold in United
States commerce approximately 4,255
sterling silver rattle/teethers with small
farm animal figures (‘‘Teethers’’).
5. The Teethers are ‘‘consumer
products’’ and, at the times relevant
herein, Tiffany was a ‘‘retailer’’ of
‘‘consumer products’’, which were
‘‘distributed in commerce’’ as those
terms are defined in sections 3(a)(1), (6),
(11), and (12) of the CPSA, 15 U.S.C.
2052(a)(1), (6), (11), and (12).
6. The Teethers are defective because
a metal bar at the center of the Teether
can break off at its soldered joints
during use releasing small round beads
and small animal figures. The small
beads and figures can pose an aspiration
and choking hazard to babies.
7. Between November and December
2003, Tiffany learned about at last two
incidents of Teethers cracking at the
soldered joint. In February 2004, Tiffany
learned about one incident in which a
Teether broke at the soldered joint, and
a baby was reported to be mouthing a
small animal figure that fell off of the
Teether. Tiffany determined that hand
polishing during Teether manufacture
could weaken the cross bar solder joints
and lead to separation of that metal bar
from the Teether ring.
8. Tiffany suspended Teether sales
following the February 2004 incident.
Tiffany did not report the problem to
the Commission. Tiffany received two
more reports of Teethers cracking in
March 2004. The firm did not report to
the Commission until June 2004, after
the Commission opened its own
investigation and requested Tiffany to
do so.
9. Although Tiffany had obtained
sufficient information to reasonably
support the conclusion that the Teethers
contained a defect which could create a
substantial product hazard, it failed to
inform the Commission of such defect
and risk and required by Section
15(b)(2) of the CPSA, 15 U.S.C.
2064(b)(2). In failing to do so, Tiffany
‘‘knowingly’’ violated Section 19(a)(4) of
the CPSA, 15 U.S.C. 2068(a)(4), as the
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Federal Register / Vol. 71, No. 140 / Friday, July 21, 2006 / Notices
term ‘‘knowingly’’ is defined in Section
20(d) of the CPSA, 15 U.S.C. 2069(d).
10. Pursuant to Section 20 of the
CPSA, 15 U.S.C. 2069, Tiffany is subject
to the imposition of a civil penalty for
its failure to make a report pursuant to
Section 15(b) of the CPSA, 15 U.S.C.
2064(b).
rwilkins on PROD1PC63 with NOTICES_1
Response of Tiffany
11. Tiffany denies the allegations set
forth in Paragraphs 4–10 above. Tiffany
specifically denies that the Teethers
contain a defect that could create a
substantial product hazard, that the
company had obtained information to
reasonably support the conclusion that
the Tethers were so defective or posed
such a risk, that the company was
obligated to report to the Commission
under Section 15(b) of the CPSA, or that
the company violated Section 19(a)(4) of
the CPSA or any other section of the
CPSA, ‘‘knowingly’’ or otherwise.
12. Tiffany stopped sale of the
Teethers immediately upon receiving
notice of the one incident in which a
Teether broke, and in May contacted
customers who had purchased Teethers,
urging them to return the item. Tiffany
also filed a report with the Commission,
at the request of the staff.
13. Tiffany is not aware of any
consumer injury related in any way to
the Teethers, nor has the staff alleged
that any injuries have occurred.
14. Tiffany enters into this Settlement
Agreement for the purposes of
compromise and settlement only, to
avoid incurring additional legal costs
and expenses.
Agreement of the Parties
15. The Commission has jurisdiction
over this matter and over Tiffany under
the CPSA, 15 U.S.C. 2051–2084.
16. The parties enter into this
Settlement Agreement for settlement
purposes only. The Settlement
Agreement does not constitute a
determination by the Commission that
Tiffany violated the CPSA or any other
law or regulation, nor an admission by
Tiffany of any liability or wrongdoing
by Tiffany, or that Tiffany violated the
CPSA or any other law or regulation.
17. In settlement of the staff’s
allegations, Tiffany agrees to pay a civil
penalty of two hundred sixty-two
thousand five hundred dollars
($262,500.00) within ten (10) calendar
days of receiving service of the Final
Order of the Commission accepting this
Settlement Agreement. This payment
shall be made by check payable to the
order of the United States Treasury.
18. Upon provisional acceptance of
this Settlement Agreement and Order by
the Commission, the Commission shall
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17:59 Jul 20, 2006
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place this Agreement and Order on the
public record and shall publish it in the
Federal Register in accordance with the
procedure set forth in 16 CFR
1118.20(e). If the Commission does not
receive any written request not to accept
the Settlement Agreement and Order
within 15 calendar days, the Agreement
and Order shall be deemed finally
accepted on the 16th calendar day after
the date it is published in the Federal
Register.
19. Upon final acceptance of this
Settlement Agreement by the
Commission and issuance of the Final
Order, Tiffany knowingly, voluntarily
and completely waives any rights it may
have in this matter to the following: (i)
An administrative or judicial hearing;
(ii) judicial review or other challenge or
contest of the validity of this Agreement
and Order as issued and entered; (iii) a
determination by the Commission as to
whether Tiffany failed to comply with
the CPSA and its underlying
regulations; (iv) a statement by the
Commission of findings of fact and
conclusions of law; and (v) any claims
under the Equal Access to Justice Act.
20. The Commission and Tiffany may
publicize the terms of the Settlement
Agreement and Order.
21. This Settlement Agreement and
Order shall apply to, be binding upon,
and inure to the benefit of, Tiffany and
each of its successors and assigns.
22. The Commission’s Order in this
matter is issued under the provisions of
the CPSA, 15 U.S.C. 2051–2084, and a
violation of the Order may subject
Tiffany to appropriate legal action.
23. This Settlement Agreement may
be used in interpreting the Order.
Agreements, understandings,
representations, or interpretations made
outside of this Settlement Agreement
and Order may not be used to vary or
to contradict its terms.
24. This Settlement Agreement and
Order shall not be waived, changed,
amended, modified, or otherwise altered
without written agreement thereto
executed by the party against whom
such amendment, modification,
alteration, change, or waiver is sought to
be enforced and approval by the
Commission.
25. This Settlement Agreement
becomes effective only upon its final
acceptance by the Commission and
service on Tiffany of the incorporated
Final Order.
26. If, after the effective date hereof,
any provision of this Settlement
Agreement and Order is held to be
illegal, invalid, or unenforceable under
present or future laws effective during
the terms of the Settlement Agreement
and Order, such provision shall be fully
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41427
severable. The rest of the Settlement
Agreement and Order shall remain in
full effect, unless the Commission and
Tiffany determine that severing the
provision materially changes the
purpose of the Settlement Agreement
and Order.
Tiffany and Company
Dated: May 11, 2006.
By: Patrick B. Dorsey,
Senior Vice President, Secretary and General
Counsel, Tiffany and Company.
Dated: May 24, 2006.
By: Philip Katz,
Hogan & Hartson, L.L.P., 555 Thirteenth
Street, NW., Washington, DC 20004.
U.S. Consumer Product Safety Commission
John Gibson Mullan,
Director, Office of Compliance & Field
Operations.
Ronald G. Yelenik,
Acting Director, Legal Division, Office of
Compliance.
Dated: July 18, 2006.
By: William J. Moore, Jr.,
Senior Trial Attorney, Legal Division, Office
of Compliance.
In the Matter of Tiffany and Company,
a Corporation
Order
Upon consideration of the Settlement
Agreement entered into between Tiffany
and Company (‘‘Tiffany’’) and the staff
of the U.S. Consumer Product Safety
Commission (the ‘‘Commission’’), and
the Commission having jurisdiction
over the subject matter and over Tiffany,
and it appearing that the Settlement
Agreement is in the public interest, it is
I.
Ordered that the Settlement
Agreement be, and hereby is, accepted;
and it is
II.
Further ordered that Tiffany shall pay
a civil penalty of two hundred sixty-two
thousand five hundred dollars
($262,500.00) within ten (10) calendar
days of service of the Final Order of the
Commission accepting the Settlement
Agreement. This payment shall be made
by check payable to the order of the
United States Treasury. Upon the failure
of Tiffany to make full and timely
payment or upon the making of a late
payment, (i) The entire amount of the
civil penalty shall become due and
payable, and (ii) interest on the
outstanding balance shall accrue and be
paid at the Federal legal rate of interest
under the provisions of 28 U.S.C.
1961(a) and (b).
Provisionally accepted and Provision
Order issued on the 18th day of July, 2006.
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41428
Federal Register / Vol. 71, No. 140 / Friday, July 21, 2006 / Notices
By Order of the Commission.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 06–6402 Filed 7–20–06; 8:45 am]
BILLING CODE 6355–01–M
DEPARTMENT OF DEFENSE
Office of the Secretary
[No. DOD–2006–HA–0161]
Proposed Collection; Comment
Request
Office of the Assistant
Secretary of Defense for Health Affairs,
DoD.
ACTION: Notice.
AGENCY:
In accordance with section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the Office of the
Assistant Secretary of Defense for
Health affairs announces the extension
of a proposed public information
collection and seeks public comment on
the provisions thereof. Comments are
invited on: (a) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
information collection; (c) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(d) ways to minimize the burden of the
information collection on respondents,
including through the use of automated
collection techniques or other forms of
information technology.
DATES: Consideration will be given to all
comments received by September 19,
2006.
You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name, docket
number and title for this Federal
Register document. The general policy
for comments and other submissions
from members of the public is to make
these submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
rwilkins on PROD1PC63 with NOTICES_1
ADDRESSES:
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17:59 Jul 20, 2006
Jkt 208001
To
request more information on this
proposed information collection, please
write to TRICARE Management Activity,
Medical Benefits and Reimbursement
Systems, 16401 East Centretch Parkway,
ATTN: David Bennett, Aurora, CO
80011–9043, or call TRICARE
Management Activity, Medical Benefits
and Reimbursement Systems, at (303)
676–3494.
Title and OMB Number: Application
for TRICARE-Provider Status:
Corporation Services Provider; OMB
Number 0720–0020.
Needs and Uses: The information
collection will allow eligible providers
to apply for Corporate Services Provider
status under the TRICARE program.
Affected Public: Businesses or other
for-profit; not-for-profit institutions.
Annual Burden Hours: 200.
Number of Respondents: 200.
Responses for Respondent: 1.
Average Burden per Response: 60
minutes.
Frequency: On occasion.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Summary of Information Collection
On March 10, 1999, TRICARE
Management Activity (TMA), formerly
known as OCHAMPUS, published a
finale rule in the Federal Register (64
FR 11765), creating a fourth class of
TRICARE providers consisting of
freestanding corporations and
foundations that render principally
professional ambulatory or in-home care
and technical diagnostic procedures.
The intent of the rule was not to create
additional benefits that ordinarily
would not be covered under TRICARE
if provided by a more traditional health
care delivery system, but rather to allow
those services which would otherwise
be allowed except for an individual
provider’s affiliation with a freestanding
corporate facility. The addition of the
corporate class will recognize the
current range of providers within
today’s health care delivery structure,
and give beneficiaries access to another
segment of the health care delivery
industry. Corporate services providers
must be approved for Medicare
payment, or when Medicare approval
status is not required, be accredited by
a qualified accreditation organization to
gain provider authorization status under
TRICARE. Corporate services providers
must also enter into a participation
agreement which will be sent out as part
of the initial authorization process. The
participation agreement will ensure that
TRICARE determined allowable
payments, combined with the costshare/copayment, deductible, and other
health insurance amounts, will be
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accepted by the provider as payment in
full.
The application for TRICAREProvider Status: Corporate Services
Provider, will collect the necessary
information to ensure that the
conditions are met for authorization as
a TRICARE corporate services provider:
i.e., the provider (1) is a corporation or
a foundation, but not a professional
corporation or professional association;
(2) provides services and related
supplies of a type rendered by TRICARE
individual professional providers or
diagnostic technical services; (3) is
approved for Medicare payment or
when Medicare approval status is not
required, is accredited by a qualified
accreditation organization; and (4) has
entered into a participation agreement
approved by the Executive Director,
TMA or a designee.
The collected information will be
used by TRICARE contractors to process
claims and verify authorized provider
status. Verification involves collecting
and reviewing copies of the provider’s
licenses, certificates, accreditation
documents, etc. If the criteria are met,
the provider is granted TRICAREautorization status. The documentation
and information are collected when: (1)
A provider requests permission to
become a TRICARE-authorized
provider; (2) a claim is filed for care
received from a provider who is not
listed ont he contractors’ computer
listing of authorized providers; or (3)
when a former TRICARE-authorized
provider requests reinstatement.
The contractors develop the forms
used to gather information based on
TRICARE conditions for participation
listed above. Without the collection of
this information, contractors cannot
determine if the provider meets
TRICARE-authorization requirements
for corporate services providers. If the
contractor is unable to verify that a
provider meets these authorization
requirements, the contractor may not
reimburse either the provider or the
beneficiary for the provider’s health care
services.
To reduce the reporting burden to a
minimum, TRICARE has carefully
selected the information requested from
respondents. Only that information
which has been deemed absolutely
essential is being requested. If
necessary, contractors may verify
credentials with Medicare, JCAHO and
other national organizations by
telephone. TRICARE is also
participating with Medicare in the
development of a National Provider
System which will eliminate
duplication of provider certification
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]]>Agencies
[Federal Register Volume 71, Number 140 (Friday, July 21, 2006)]
[Notices]
[Pages 41426-41428]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6402]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 06-C0005]
Tiffany and Company, a Corporation, 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
Tiffany and Company, a corporation, containing a civil penalty of
$262,500.
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 August 7, 2006.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 06-C0005, 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: July 18, 2006.
Todd A. Stevenson,
Secretary.
In the Matter of Tiffany and Company, a Corporation
Settlement Agreement and Order
1. This Settlement Agreement is made by and between the staff (the
``staff'') of the U.S. Consumer Product Safety Commission (the
``Commission'') and Tiffany and Company (``Tiffany''), a corporation,
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.
The Parties
2. The Commission is an independent federal regulatory agency
responsible for the enforcement of the Consumer Product Safety Act, 15
U.S.C. 2051-2084.
3. Tiffany is a corporation organized and existing under the laws
of the State of New York with its principal corporate office located at
727 Fifth Avenue, New York, New York. At all times relevant herein
Tiffany marketed, distributed and sold fine jewelry, timepieces, china,
crystal, silverware and silver baby rattles and teethers, among other
consumer products.
Staff Allegations
4. From November 2002 through February 2004, Tiffany sold in United
States commerce approximately 4,255 sterling silver rattle/teethers
with small farm animal figures (``Teethers'').
5. The Teethers are ``consumer products'' and, at the times
relevant herein, Tiffany was a ``retailer'' of ``consumer products'',
which were ``distributed in commerce'' as those terms are defined in
sections 3(a)(1), (6), (11), and (12) of the CPSA, 15 U.S.C.
2052(a)(1), (6), (11), and (12).
6. The Teethers are defective because a metal bar at the center of
the Teether can break off at its soldered joints during use releasing
small round beads and small animal figures. The small beads and figures
can pose an aspiration and choking hazard to babies.
7. Between November and December 2003, Tiffany learned about at
last two incidents of Teethers cracking at the soldered joint. In
February 2004, Tiffany learned about one incident in which a Teether
broke at the soldered joint, and a baby was reported to be mouthing a
small animal figure that fell off of the Teether. Tiffany determined
that hand polishing during Teether manufacture could weaken the cross
bar solder joints and lead to separation of that metal bar from the
Teether ring.
8. Tiffany suspended Teether sales following the February 2004
incident. Tiffany did not report the problem to the Commission. Tiffany
received two more reports of Teethers cracking in March 2004. The firm
did not report to the Commission until June 2004, after the Commission
opened its own investigation and requested Tiffany to do so.
9. Although Tiffany had obtained sufficient information to
reasonably support the conclusion that the Teethers contained a defect
which could create a substantial product hazard, it failed to inform
the Commission of such defect and risk and required by Section 15(b)(2)
of the CPSA, 15 U.S.C. 2064(b)(2). In failing to do so, Tiffany
``knowingly'' violated Section 19(a)(4) of the CPSA, 15 U.S.C.
2068(a)(4), as the
[[Page 41427]]
term ``knowingly'' is defined in Section 20(d) of the CPSA, 15 U.S.C.
2069(d).
10. Pursuant to Section 20 of the CPSA, 15 U.S.C. 2069, Tiffany is
subject to the imposition of a civil penalty for its failure to make a
report pursuant to Section 15(b) of the CPSA, 15 U.S.C. 2064(b).
Response of Tiffany
11. Tiffany denies the allegations set forth in Paragraphs 4-10
above. Tiffany specifically denies that the Teethers contain a defect
that could create a substantial product hazard, that the company had
obtained information to reasonably support the conclusion that the
Tethers were so defective or posed such a risk, that the company was
obligated to report to the Commission under Section 15(b) of the CPSA,
or that the company violated Section 19(a)(4) of the CPSA or any other
section of the CPSA, ``knowingly'' or otherwise.
12. Tiffany stopped sale of the Teethers immediately upon receiving
notice of the one incident in which a Teether broke, and in May
contacted customers who had purchased Teethers, urging them to return
the item. Tiffany also filed a report with the Commission, at the
request of the staff.
13. Tiffany is not aware of any consumer injury related in any way
to the Teethers, nor has the staff alleged that any injuries have
occurred.
14. Tiffany enters into this Settlement Agreement for the purposes
of compromise and settlement only, to avoid incurring additional legal
costs and expenses.
Agreement of the Parties
15. The Commission has jurisdiction over this matter and over
Tiffany under the CPSA, 15 U.S.C. 2051-2084.
16. The parties enter into this Settlement Agreement for settlement
purposes only. The Settlement Agreement does not constitute a
determination by the Commission that Tiffany violated the CPSA or any
other law or regulation, nor an admission by Tiffany of any liability
or wrongdoing by Tiffany, or that Tiffany violated the CPSA or any
other law or regulation.
17. In settlement of the staff's allegations, Tiffany agrees to pay
a civil penalty of two hundred sixty-two thousand five hundred dollars
($262,500.00) within ten (10) calendar days of receiving service of the
Final Order of the Commission accepting this Settlement Agreement. This
payment shall be made by check payable to the order of the United
States Treasury.
18. Upon provisional acceptance of this Settlement Agreement and
Order by the Commission, the Commission shall place this Agreement and
Order on the public record and shall publish it in the Federal Register
in accordance with the procedure set forth in 16 CFR 1118.20(e). If the
Commission does not receive any written request not to accept the
Settlement Agreement and Order within 15 calendar days, the Agreement
and Order shall be deemed finally accepted on the 16th calendar day
after the date it is published in the Federal Register.
19. Upon final acceptance of this Settlement Agreement by the
Commission and issuance of the Final Order, Tiffany knowingly,
voluntarily and completely waives any rights it may have in this matter
to the following: (i) An administrative or judicial hearing; (ii)
judicial review or other challenge or contest of the validity of this
Agreement and Order as issued and entered; (iii) a determination by the
Commission as to whether Tiffany failed to comply with the CPSA and its
underlying regulations; (iv) a statement by the Commission of findings
of fact and conclusions of law; and (v) any claims under the Equal
Access to Justice Act.
20. The Commission and Tiffany may publicize the terms of the
Settlement Agreement and Order.
21. This Settlement Agreement and Order shall apply to, be binding
upon, and inure to the benefit of, Tiffany and each of its successors
and assigns.
22. The Commission's Order in this matter is issued under the
provisions of the CPSA, 15 U.S.C. 2051-2084, and a violation of the
Order may subject Tiffany to appropriate legal action.
23. This Settlement Agreement may be used in interpreting the
Order. Agreements, understandings, representations, or interpretations
made outside of this Settlement Agreement and Order may not be used to
vary or to contradict its terms.
24. This Settlement Agreement and Order shall not be waived,
changed, amended, modified, or otherwise altered without written
agreement thereto executed by the party against whom such amendment,
modification, alteration, change, or waiver is sought to be enforced
and approval by the Commission.
25. This Settlement Agreement becomes effective only upon its final
acceptance by the Commission and service on Tiffany of the incorporated
Final Order.
26. If, after the effective date hereof, any provision of this
Settlement Agreement and Order is held to be illegal, invalid, or
unenforceable under present or future laws effective during the terms
of the Settlement Agreement and Order, such provision shall be fully
severable. The rest of the Settlement Agreement and Order shall remain
in full effect, unless the Commission and Tiffany determine that
severing the provision materially changes the purpose of the Settlement
Agreement and Order.
Tiffany and Company
Dated: May 11, 2006.
By: Patrick B. Dorsey,
Senior Vice President, Secretary and General Counsel, Tiffany and
Company.
Dated: May 24, 2006.
By: Philip Katz,
Hogan & Hartson, L.L.P., 555 Thirteenth Street, NW., Washington, DC
20004.
U.S. Consumer Product Safety Commission
John Gibson Mullan,
Director, Office of Compliance & Field Operations.
Ronald G. Yelenik,
Acting Director, Legal Division, Office of Compliance.
Dated: July 18, 2006.
By: William J. Moore, Jr.,
Senior Trial Attorney, Legal Division, Office of Compliance.
In the Matter of Tiffany and Company, a Corporation
Order
Upon consideration of the Settlement Agreement entered into between
Tiffany and Company (``Tiffany'') and the staff of the U.S. Consumer
Product Safety Commission (the ``Commission''), and the Commission
having jurisdiction over the subject matter and over Tiffany, and it
appearing that the Settlement Agreement is in the public interest, it
is
I.
Ordered that the Settlement Agreement be, and hereby is, accepted;
and it is
II.
Further ordered that Tiffany shall pay a civil penalty of two
hundred sixty-two thousand five hundred dollars ($262,500.00) within
ten (10) calendar days of service of the Final Order of the Commission
accepting the Settlement Agreement. This payment shall be made by check
payable to the order of the United States Treasury. Upon the failure of
Tiffany to make full and timely payment or upon the making of a late
payment, (i) The entire amount of the civil penalty shall become due
and payable, and (ii) interest on the outstanding balance shall accrue
and be paid at the Federal legal rate of interest under the provisions
of 28 U.S.C. 1961(a) and (b).
Provisionally accepted and Provision Order issued on the 18th
day of July, 2006.
[[Page 41428]]
By Order of the Commission.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 06-6402 Filed 7-20-06; 8:45 am]
BILLING CODE 6355-01-M
