Black Dog Tavern Company, Inc., Provisional Acceptance of a Settlement Agreement and Order, 77390-77392 [06-9840]
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77390
Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Notices
2001) and Presidential Proclamation
7912 (June 29, 2005), the President
authorized CITA to consult with
beneficiary sub-Saharan African
countries and to determine which, if
any, particular textile and apparel goods
shall be treated as being handloomed,
handmade, folklore articles, or ethnic
printed fabrics. (66 FR 7271-72 and 70
FR 37959, 37961 & 63)
In a letter to the Commissioner of
Customs dated January 18, 2001, the
United States Trade Representative
directed Customs to require that
importers provide an appropriate export
visa from a beneficiary sub-Saharan
African country to obtain preferential
treatment under section 112(a) of the
AGOA (66 FR 7837). The first digit of
the visa number corresponds to one of
nine groupings of textile and apparel
products that are eligible for preferential
tariff treatment. Grouping ‘‘9’’ is
reserved for handmade, handloomed,
folklore articles, or ethnic printed
fabrics.
CITA has consulted with Tanzanian
authorities and has previously
determined that handloomed fabrics,
handloomed articles (e.g., handloomed
rugs, scarves, place mats, and
tablecloths), handmade articles made
from handloomed fabrics, and certain
folklore articles are eligible for
preferential treatment (69 FR 54268).
This directive expands Tanzania’s
existing Category 9 treatment to include
certain ethnic printed fabrics described
in Annex A to this notice, if produced
in and exported from Tanzania. These
goods are eligible for preferential tariff
treatment under section 112(a) of the
AGOA, as amended. In the letter
published below, CITA directs the
Commissioner of Customs and Border
Protection to allow duty-free entry of
such products under U.S. Harmonized
Tariff Schedule subheading 9819.11.27
if accompanied by an appropriate
AGOA visa in grouping ‘‘9’’.
sroberts on PROD1PC70 with NOTICES
Philip J. Martello,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
Committee for the Implementation of Textile
Agreements
December 18, 2006.
Commissioner,
Bureau of Customs and Border Protection,
Washington, DC 20229.
Dear Commissioner: The Committee for the
Implementation of Textiles Agreements
(‘‘CITA’’), pursuant to Sections 112(a) and
(b)(6) of the African Growth and Opportunity
Act (Title I of the Trade and Development
Act of 2000, Pub. L. No. 106-200) (‘‘AGOA’’),
as amended by Section 7(c) of the AGOA
Acceleration Act of 2004 (Pub. L. 108-274)
(‘‘AGOA Acceleration Act’’) (19 U.S.C. §
3721(a) and (b)(6)), Executive Order No.
VerDate Aug<31>2005
16:15 Dec 22, 2006
Jkt 211001
13191 of January 17, 2001, and Presidential
Proclamation 7912 of June 29, 2005, has
determined, effective on January 10, 2007,
that ethnic printed fabrics described in
Annex A are eligible for duty-free treatment
only if entered under subheading 9819.11.27
and accompanied by a properly completed
visa for product grouping ‘‘9’’, in accordance
with the provisions of the Visa Arrangement
between the Government of the United
Republic of Tanzania and the Government of
the United States Concerning Textile and
Apparel Articles Claiming Preferential Tariff
Treatment under Section 112 of the Trade
and Development Act of 2000. After further
consultations with Tanzanian authorities,
CITA may determine that additional textile
and apparel goods shall be treated as folklore
articles or ethnic printed fabrics.
Sincerely,
Philip J. Martello,
Acting Chairman, Committee for the
Implementation of Textile Agreements.
ANNEX A: Tanzanian Ethnic Printed
Fabrics: the Khanga
Each Khanga must meet all of the criteria
listed below:
A) selvedge on both edges
B) width of less than 50 inches
C) classifiable under subheading
5208.52.30 1 or 5208.52.40 2 of the
Harmonized Tariff Schedule of the
United States
D) contains designs, symbols, and other
characteristics of African prints normally
produced for and sold in Africa by the
piece (each fixed length measures
approximately 3.35 meters long by 1.15
meters wide).
E) each design contains a two matching
panels with center motifs, matching
borders, and wording representing a
saying in Swahili or other language.
These panels are sold in a pair.
F) made from fabric woven in the U.S.
using U.S. yarn or woven in one or more
eligible sub-Saharan beneficiary
countries using U.S or African yarn
G) printed, including waxed, in one or
more eligible sub-Saharan beneficiary
countries
H) must be manufactured by one of the
companies listed below:
i. Urafiki - Tanzania China Friendship
Textile Factory
ii. Karibu Textile Mills
iii. Lakhani Industries
iv. Nida Industries (Formerly
Sunguratex)
v. African Pride
vi. Morogoro Polyester
vii. Mohamed Enterprises (Formerly
Seifee Industry)
viii. Musoma Textile Factory
ix. Mwanza Textile Factory
[FR Doc. E6–21992 Filed 12–22–06; 8:45 am]
BILLING CODE 3510–DS–S
1 printed plain weave fabrics of cotton, 85% or
more cotton by weight, weighing over 100g/m2 but
not more than 200 g/m2, of yarn number 42 or
lower
2 printed plain weave fabrics of cotton, 85% or
more cotton by weight, weighing over 100g/m2 but
not more than 200g/m2, of yarn numbers 43-68
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CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 07–C0001]
Black Dog Tavern Company, Inc.,
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 Black Dog
Tavern Company, Inc., containing a
civil penalty of $50,000.
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 January
10, 2007.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 07–C0001, Office of the
Secretary, Consumer Product Safety
Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT: Seth
B. Popkin, Trial Attorney, Office of
Compliance, Consumer Product Safety
Commission, Washington, DC 20207;
telephone (301) 504–7612.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: December 18, 2006.
Todd A. Stevenson,
Secretary.
Settlement Agreement and Order
1. In accordance with 16 CFR 1118.20,
Black Dog Tavern Company, Inc.
(‘‘BDT’’) and the staff (‘‘Staff’’) of the
United States Consumer Product Safety
Commission (‘‘Commission’’) enter into
this Settlement Agreement
(‘‘Agreement’’). The Agreement and the
incorporated attached (‘‘Order’’) settle
the Staff’s allegations set forth below.
Parties
2. The Commission in an independent
federal regulatory agency established
pursuant to, and responsible for the
enforcement of, the Consumer Product
Safety Act, 15 U.S.C. 2051–2084
(‘‘CPSA’’).
3. BDT is a corporation organized and
existing under the laws of
Massachusetts, with its principal offices
located in Vineyard Haven,
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Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
Massachusetts. At all times relevant
hereto, BDT sold apparel and
accessories.
Staff Allegations
4. From May 2004 through January
2006, BDT sold approximately 9,700
children’s hooded sweatshirts with
drawstrings through the hoods, style
numbers K086, K088, K090, K062, and
K0639 (‘‘Drawstring Sweatshirts’’).
5. The Drawstring Sweatshirts are
‘‘consumer product(s),’’ and, at all times
relevant hereto, BDT was a ‘‘retailer’’ of
those consumer product(s), which were
‘‘distributed in commerce,’’ as those
terms are defined in CPSA sections
3(a)(1), (6), (11), and (12), 15 U.S.C.
2052(a)(1), (6), (11), and (12).
6. Although BDT reported no
incidents or injuries from the
Drawstring Sweatshirts, the Drawstring
Sweatshirts did not meet ASTM F1816–
97 and posed a strangulation hazard to
children.
7. On February 15, 2006, the
Commission and BDT announced a
recall of the Drawstring Sweatshirts,
informing consumers that they should
immediately remove the drawstrings to
eliminate the hazard. The recall plan, in
part, required BDT to remove the
drawstrings from the 7,326 Drawstring
Sweatshirts in its inventory.
8. On May 19, 2006, the Commission
posted on its website a letter from the
Commission’s Director of the Office of
Compliance to manufacturers,
importers, and retailers of children’s
upper outerwear. The letter urged them
to make certain that all children’s upper
outerwear sold in the Untied States
complies with the ASTM standard. The
letter stated that the Staff considers
children’s upper outerwear with
drawstrings at the hood or neck area to
be defective and to present a substantial
risk of injury to young children under
Federal Hazardous Substances Act
(‘‘FHSA’’) section 15(c), 15 U.S.C.
1274(c). The letter also noted the
CPSA’s section 15(b) reporting
requirements.
9. On August 29, 2006, CPSC
investigators listed two BDT stores,
observed a total of 12 Drawstring
Sweatshirts for sale, and purchased a
total of three Drawstring Sweatshirts.
10. BDT’s distribution in commerce of
the Drawstring Sweatshirts through
August 2006 failed to abide by the
February 2006 corrective action plan
and recall, the ASTM standard, and the
staff’s May 2006 defect notice.
11. BDT has presumed and actual
knowledge that the Drawstring
Sweatshirts distributed and sold after
the recall posed a strangulation hazard
and presented a substantial risk of
VerDate Aug<31>2005
16:15 Dec 22, 2006
Jkt 211001
injury to children under FHSA section
15(c)(1), 15 U.S.C. 1274(c)(1). BDT had
obtained information that reasonably
supported the conclusion that the
Drawstring Sweatshirts distributed and
sold after the recall contained a defect
that could create a substantial product
hazard or that they created an
unreasonable risk of serious injury or
death. CPSA sections 15(b)(2) and (3),
15 U.S.C. 2064(b)(2) and (3), required
BDT to immediately inform the
Commission of the defect and risk.
12. BDT did not report to the
Commission regarding the post-recall
distribution and sale of the Drawstring
Sweatshirts until after the Staff
informed BDT of the CPSC’s August 29,
2006 purchase of the Drawstring
Sweatshirts. BDT thereby failed to
immediately inform the Commission as
required by CPSA sections 15(b)(2) and
(3), 15 U.S.C. 2064(b)(2) and (3). This
failure violated CPSA section 19(a)(4),
15 U.S.C. 2068(a)(4).
13. BDT knowingly failed to
immediately inform the Commission of
the defect and risk posed by the postrecall distribution and sale of the
Drawstring Sweatshirts, as the term
‘‘knowingly’’ is defined in CPSA section
20(d), 15 U.S.C. 2069(d). Pursuant to
CPSA section 20, 15 U.S.C. 2069, this
failure subjected BDT to civil penalties.
BDT Response
14. BDT denies the Staff’s allegations
set forth above that BDT knowingly
violated the CPSA.
Agreement of the Parties
15. Under the CPSA, the Commission
has jurisdiction over this matter and
over BDT.
16. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by BDT, or a determination
by the Commission, that BDT has
knowingly violated the CPSA.
17. In settlement of the Staff’s
allegations, BDT shall pay a civil
penalty in the amount of fifty thousand
dollars ($50,000.00). The civil penalty
shall be paid in four (4) installments as
follows: $12,500.00 shall be paid within
twenty (20) calendar days of service of
the Commission’s final Order accepting
the Agreement; $12,500.00 shall be paid
on or before the six-month anniversary
of service of the Commission’s final
Order accepting the Agreement;
$12,500.00 shall be paid on or before the
one-year anniversary of service of the
Commission’s final Order accepting the
Agreement; and $12,500.00 shall be
paid on or before the eighteen-month
anniversary of service of the
Commission’s final Order accepting the
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77391
Agreement. Each payment shall be by
check payable to the order of the United
States Treasury.
18. Upon the Commission’s
provisional acceptance of the
Agreement, the Agreement shall be
placed on the public record and
published in the Federal Register in
accordance with the procedures set
forth in 16 CFR 1118.20(e). If the
Commission does not receive any
written request not to accept the
Agreement within fifteen (15) days, the
Agreement shall be deemed finally
accepted on the sixteenth (16th) day
after the date it is published in the
Federal Register.
19. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, BDT
knowingly, voluntarily, and completely
waives any rights it may have in this
matter to the following: (1) An
administrative or judicial hearing; (2)
judicial review or other challenge or
contest of the validity of the
Commission’s Order or actions; (3) a
determination by the Commission of
whether BDT failed to comply with the
CPSA and its underlying regulations; (4)
a statement of findings of fact and
conclusions of law; and (5) any claims
under the Equal Access to Justice Act.
20. The commission may publicize
the terms of the Agreement and Order.
21. The Agreement and Order shall
apply to, and be binding upon, BDT and
each of its successors and assigns.
22. The Commission issues the Order
under the provisions of the CPSA, and
violation of the Order may subject BDT
to appropriate legal action.
23. The Agreement may be used in
interpreting the Order. Understandings,
agreements, representations, or
interpretations apart from those
contained in the Agreement and Order
may not be used to vary or contradict its
terms. The Agreement shall not be
waived, amended, modified, or
otherwise altered, except in a writing
that is executed by the party against
whom such waiver, amendment,
modification, or alteration is sought to
be enforced.
24. If after the effective date hereof,
any provision of the Agreement and
Order is held to be illegal, invalid, or
unenforceable under present or future
laws effective during the terms of the
Agreement and Order, such provision
shall be fully severable. The balance of
the Agreement and Order shall remain
in full force and effect, unless the
Commission and BDT agree that
severing the provision materially affects
the purpose of the Agreement and
Order.
Black Dog Tavern Company, Inc.
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77392
Federal Register / Vol. 71, No. 247 / Tuesday, December 26, 2006 / Notices
Dated: December 1, 2006.
Robert S. Douglas, Sr.,
President, Black Dog Tavern Company, Inc.,
P.O. Box 2219, Beach Street Extension,
Vineyard Haven, MA 02568.
Dated: November 20, 2006.
Counsel for Black Dog Tavern Company, Inc.
Michael J. Gidding, Esq.,
Brown & Gidding, PC, 3201 New Mexico
Avenue, NW., Washington, DC 20016.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 06–9840 Filed 12–22–06; 8:45 am]
U.S. Consumer Product Safety Commission
Staff.
J. Gibson Mullan,
Assistant Executive Director, Office of
Compliance and Field Operations.
Ronald G. Yelenik,
Acting Director, Legal Division, Office of
Compliance and Field Operations.
Dated: December 6, 2006.
Seth B. Popkin,
Trial Attorney, Legal Division, Office of
Compliance and Field Operations.
Department of the Army; Corps of
Engineers
sroberts on PROD1PC70 with NOTICES
Order
Upon consideration of the Settlement
Agreement entered into between Black
Dog Tavern Company, Inc. (‘‘BDT’’) and
the U.S. Consumer Product Safety
Commission (‘‘Commission’’) staff, and
the Commission having jurisdiction
over the subject matter and over BDT,
and it appearing that the Settlement
Agreement and Order is in the public
interest, it is
Ordered, that the Settlement
Agreement be, and hereby is, accepted;
and it is
Further ordered, that BDT shall pay a
civil penalty in the amount of fifty
thousand dollars ($50,000.00). The civil
penalty shall be paid in four (4)
installments as follows: $12,500.00 shall
be paid within twenty (20) calendar
days of service of the final Order upon
BDT; $12,500.00 shall be paid on or
before the six-month anniversary of
service of the final Order upon BDT;
$12,500.00 shall be paid on or before the
one-year anniversary of service of the
final Order upon BDT; and $12,500.00
shall be paid on or before the eighteenmonth anniversary of service of the final
Order upon BDT. The payment shall be
made by check payable to the order of
the United States Treasury. Upon the
failure of BDT to make any of the
foregoing payments when due, interest
on the unpaid amount shall accrue and
be paid by BDT at the federal legal rate
of interest set forth at 28 U.S.C. 1961(a)
and (b).
Provisionally accepted and
Provisional Order issued on the 18th
day of December, 2006.
VerDate Aug<31>2005
16:15 Dec 22, 2006
Jkt 211001
BILLING CODE 6355–01–M
DEPARTMENT OF DEFENSE
Intent To Prepare a Draft
Environmental Impact Statement for
Navigation Improvements and Airport,
Little Diomede Island, AK
Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice of intent.
AGENCY:
SUMMARY: The U.S. Army Engineer
District, Alaska, intends to prepare a
Draft Environmental Impact Statement
(DEIS) to evaluate the feasibility of a
small boat harbor and, in collaboration
with other agencies, opportunities for
economic development and air
transportation capability for the
community of Little Diomede Island,
AK. Ignaluk on Little Diomede Island,
population 170, is a coastal community
on the west side of Little Diomede
Island, approximately 135 miles
northwest of Nome. The community of
Wales on the mainland is 27 miles from
Little Diomede Island. Big Diomede
Island, Russia, is 2 miles west of Little
Diomede Island.
The community of Ignaluk is a small
and very remote community in the
Bering Sea. Transportation to Little
Diomede is by air or sea. Due to the
normal severe weather and sea
conditions, any method of travel can be
risky. A landing strip constructed on sea
ice in the winter provides fixed-wing
airplane access approximately 3 months
of the year. Helicopters and boats are
used during summer. High waves and
rocky shores often make landing by boat
difficult. A constant wind blows 15
knots with gusts up to 80 knots. Cloudy
skies and fog are prevalent in the
summer. There is no scheduled cargo
ship schedule, and only barges and
landing craft come close to the island;
few actually land. There is weekly mail
delivery by helicopter. Transportation of
goods and services is expensive and
medical evacuation is very difficult. The
lack of access is a barrier to the
economic future of the community and
could force relocation of the entire
community to the mainland. The draft
EIS would also study any multi-use
value of the airport and boat harbor
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Fmt 4703
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projects for coastal storm damage
reduction.
The DEIS will determine whether
Federal action is warranted and will
define alternative actions for
Congressional consideration.
FOR FURTHER INFORMATION CONTACT:
Lizette Boyer (907) 753–2637, Alaska
District, U.S. Army Corps of Engineers,
Environmental Resources Section
(CEPOA–EN–CW–ER), P.O. Box 6898,
Elmendorf AFB, AK 99506–0898.
E-mail:
Lizette.P.Boyer@poa02.usace.army.mil.
This study
is authorized under the Rivers and
Harbors Act. The people of Little
Diomede Island have lived on the
Bering Sea coast for at least 2,000 years.
Relative isolation from outside
influences has enabled the area to retain
its traditions and customs.
The DEIS will consider various small
boat harbor and investigate rock quarry
sources for large armor stone and
smaller sized rock for fill. The feasibility
of the project depends on the
availability of developing a quarry site
on the island close to the community. A
decision will be made if there is
sufficient quantity and quality for the
small boat harbor and other uses. The
community will decide if community
relocation is an option they want to
take.
Issues: The DEIS will address Ignaluk
need to become more economically
viable through commercial fishing and
accessibility to the mainland. Becoming
more accessible to the outside world
could impact community identity by
allowing more social contact with off
islanders. At the same time,
accessibility to the island is key to
quality of life issues such as sanitary
water and sewer, health services, and
general goods and services to people.
The DEIS will address the importance of
maintaining the community’s traditional
lifestyles, while providing modern
infrastructure.
The Bering Strait is an important
habitat area for marine life. It provides
the only passage for marine birds and
mammals that move seasonally between
the Bering, Chukchi and Beaufort Seas.
The upwelling and turbulence resulting
from the water currents passing through
the Bering Strait produces waters
unusually rich in crustacean plankton
which, in turn, support a large
population of marine birds. The steep
slopes of Little Diomede Island rise
abruptly from the sea and provide
nesting habitat for 13 species of
seabirds. The island is the site of the
largest kittiwake colony in the Northern
SUPPLEMENTARY INFORMATION:
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Agencies
[Federal Register Volume 71, Number 247 (Tuesday, December 26, 2006)]
[Notices]
[Pages 77390-77392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9840]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 07-C0001]
Black Dog Tavern Company, Inc., 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
Black Dog Tavern Company, Inc., containing a civil penalty of $50,000.
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 January 10, 2007.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 07-C0001, Office of the
Secretary, Consumer Product Safety Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT: Seth B. Popkin, Trial Attorney, Office
of Compliance, Consumer Product Safety Commission, Washington, DC
20207; telephone (301) 504-7612.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: December 18, 2006.
Todd A. Stevenson,
Secretary.
Settlement Agreement and Order
1. In accordance with 16 CFR 1118.20, Black Dog Tavern Company,
Inc. (``BDT'') and the staff (``Staff'') of the United States Consumer
Product Safety Commission (``Commission'') enter into this Settlement
Agreement (``Agreement''). The Agreement and the incorporated attached
(``Order'') settle the Staff's allegations set forth below.
Parties
2. The Commission in an independent federal regulatory agency
established pursuant to, and responsible for the enforcement of, the
Consumer Product Safety Act, 15 U.S.C. 2051-2084 (``CPSA'').
3. BDT is a corporation organized and existing under the laws of
Massachusetts, with its principal offices located in Vineyard Haven,
[[Page 77391]]
Massachusetts. At all times relevant hereto, BDT sold apparel and
accessories.
Staff Allegations
4. From May 2004 through January 2006, BDT sold approximately 9,700
children's hooded sweatshirts with drawstrings through the hoods, style
numbers K086, K088, K090, K062, and K0639 (``Drawstring Sweatshirts'').
5. The Drawstring Sweatshirts are ``consumer product(s),'' and, at
all times relevant hereto, BDT was a ``retailer'' of those consumer
product(s), which were ``distributed in commerce,'' as those terms are
defined in CPSA sections 3(a)(1), (6), (11), and (12), 15 U.S.C.
2052(a)(1), (6), (11), and (12).
6. Although BDT reported no incidents or injuries from the
Drawstring Sweatshirts, the Drawstring Sweatshirts did not meet ASTM
F1816-97 and posed a strangulation hazard to children.
7. On February 15, 2006, the Commission and BDT announced a recall
of the Drawstring Sweatshirts, informing consumers that they should
immediately remove the drawstrings to eliminate the hazard. The recall
plan, in part, required BDT to remove the drawstrings from the 7,326
Drawstring Sweatshirts in its inventory.
8. On May 19, 2006, the Commission posted on its website a letter
from the Commission's Director of the Office of Compliance to
manufacturers, importers, and retailers of children's upper outerwear.
The letter urged them to make certain that all children's upper
outerwear sold in the Untied States complies with the ASTM standard.
The letter stated that the Staff considers children's upper outerwear
with drawstrings at the hood or neck area to be defective and to
present a substantial risk of injury to young children under Federal
Hazardous Substances Act (``FHSA'') section 15(c), 15 U.S.C. 1274(c).
The letter also noted the CPSA's section 15(b) reporting requirements.
9. On August 29, 2006, CPSC investigators listed two BDT stores,
observed a total of 12 Drawstring Sweatshirts for sale, and purchased a
total of three Drawstring Sweatshirts.
10. BDT's distribution in commerce of the Drawstring Sweatshirts
through August 2006 failed to abide by the February 2006 corrective
action plan and recall, the ASTM standard, and the staff's May 2006
defect notice.
11. BDT has presumed and actual knowledge that the Drawstring
Sweatshirts distributed and sold after the recall posed a strangulation
hazard and presented a substantial risk of injury to children under
FHSA section 15(c)(1), 15 U.S.C. 1274(c)(1). BDT had obtained
information that reasonably supported the conclusion that the
Drawstring Sweatshirts distributed and sold after the recall contained
a defect that could create a substantial product hazard or that they
created an unreasonable risk of serious injury or death. CPSA sections
15(b)(2) and (3), 15 U.S.C. 2064(b)(2) and (3), required BDT to
immediately inform the Commission of the defect and risk.
12. BDT did not report to the Commission regarding the post-recall
distribution and sale of the Drawstring Sweatshirts until after the
Staff informed BDT of the CPSC's August 29, 2006 purchase of the
Drawstring Sweatshirts. BDT thereby failed to immediately inform the
Commission as required by CPSA sections 15(b)(2) and (3), 15 U.S.C.
2064(b)(2) and (3). This failure violated CPSA section 19(a)(4), 15
U.S.C. 2068(a)(4).
13. BDT knowingly failed to immediately inform the Commission of
the defect and risk posed by the post-recall distribution and sale of
the Drawstring Sweatshirts, as the term ``knowingly'' is defined in
CPSA section 20(d), 15 U.S.C. 2069(d). Pursuant to CPSA section 20, 15
U.S.C. 2069, this failure subjected BDT to civil penalties.
BDT Response
14. BDT denies the Staff's allegations set forth above that BDT
knowingly violated the CPSA.
Agreement of the Parties
15. Under the CPSA, the Commission has jurisdiction over this
matter and over BDT.
16. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by BDT, or a
determination by the Commission, that BDT has knowingly violated the
CPSA.
17. In settlement of the Staff's allegations, BDT shall pay a civil
penalty in the amount of fifty thousand dollars ($50,000.00). The civil
penalty shall be paid in four (4) installments as follows: $12,500.00
shall be paid within twenty (20) calendar days of service of the
Commission's final Order accepting the Agreement; $12,500.00 shall be
paid on or before the six-month anniversary of service of the
Commission's final Order accepting the Agreement; $12,500.00 shall be
paid on or before the one-year anniversary of service of the
Commission's final Order accepting the Agreement; and $12,500.00 shall
be paid on or before the eighteen-month anniversary of service of the
Commission's final Order accepting the Agreement. Each payment shall be
by check payable to the order of the United States Treasury.
18. Upon the Commission's provisional acceptance of the Agreement,
the Agreement shall be placed on the public record and published in the
Federal Register in accordance with the procedures set forth in 16 CFR
1118.20(e). If the Commission does not receive any written request not
to accept the Agreement within fifteen (15) days, the Agreement shall
be deemed finally accepted on the sixteenth (16th) day after the date
it is published in the Federal Register.
19. Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, BDT knowingly, voluntarily, and completely
waives any rights it may have in this matter to the following: (1) An
administrative or judicial hearing; (2) judicial review or other
challenge or contest of the validity of the Commission's Order or
actions; (3) a determination by the Commission of whether BDT failed to
comply with the CPSA and its underlying regulations; (4) a statement of
findings of fact and conclusions of law; and (5) any claims under the
Equal Access to Justice Act.
20. The commission may publicize the terms of the Agreement and
Order.
21. The Agreement and Order shall apply to, and be binding upon,
BDT and each of its successors and assigns.
22. The Commission issues the Order under the provisions of the
CPSA, and violation of the Order may subject BDT to appropriate legal
action.
23. The Agreement may be used in interpreting the Order.
Understandings, agreements, representations, or interpretations apart
from those contained in the Agreement and Order may not be used to vary
or contradict its terms. The Agreement shall not be waived, amended,
modified, or otherwise altered, except in a writing that is executed by
the party against whom such waiver, amendment, modification, or
alteration is sought to be enforced.
24. If after the effective date hereof, any provision of the
Agreement and Order is held to be illegal, invalid, or unenforceable
under present or future laws effective during the terms of the
Agreement and Order, such provision shall be fully severable. The
balance of the Agreement and Order shall remain in full force and
effect, unless the Commission and BDT agree that severing the provision
materially affects the purpose of the Agreement and Order.
Black Dog Tavern Company, Inc.
[[Page 77392]]
Dated: December 1, 2006.
Robert S. Douglas, Sr.,
President, Black Dog Tavern Company, Inc., P.O. Box 2219, Beach
Street Extension, Vineyard Haven, MA 02568.
Dated: November 20, 2006.
Counsel for Black Dog Tavern Company, Inc.
Michael J. Gidding, Esq.,
Brown & Gidding, PC, 3201 New Mexico Avenue, NW., Washington, DC
20016.
U.S. Consumer Product Safety Commission Staff.
J. Gibson Mullan,
Assistant Executive Director, Office of Compliance and Field
Operations.
Ronald G. Yelenik,
Acting Director, Legal Division, Office of Compliance and Field
Operations.
Dated: December 6, 2006.
Seth B. Popkin,
Trial Attorney, Legal Division, Office of Compliance and Field
Operations.
Order
Upon consideration of the Settlement Agreement entered into between
Black Dog Tavern Company, Inc. (``BDT'') and the U.S. Consumer Product
Safety Commission (``Commission'') staff, and the Commission having
jurisdiction over the subject matter and over BDT, and it appearing
that the Settlement Agreement and Order is in the public interest, it
is
Ordered, that the Settlement Agreement be, and hereby is, accepted;
and it is
Further ordered, that BDT shall pay a civil penalty in the amount
of fifty thousand dollars ($50,000.00). The civil penalty shall be paid
in four (4) installments as follows: $12,500.00 shall be paid within
twenty (20) calendar days of service of the final Order upon BDT;
$12,500.00 shall be paid on or before the six-month anniversary of
service of the final Order upon BDT; $12,500.00 shall be paid on or
before the one-year anniversary of service of the final Order upon BDT;
and $12,500.00 shall be paid on or before the eighteen-month
anniversary of service of the final Order upon BDT. The payment shall
be made by check payable to the order of the United States Treasury.
Upon the failure of BDT to make any of the foregoing payments when due,
interest on the unpaid amount shall accrue and be paid by BDT at the
federal legal rate of interest set forth at 28 U.S.C. 1961(a) and (b).
Provisionally accepted and Provisional Order issued on the 18th day
of December, 2006.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 06-9840 Filed 12-22-06; 8:45 am]
BILLING CODE 6355-01-M