Nexgrill Industries, Inc., a Corporation, Provisional Acceptance of a Settlement Agreement and Order, 2496-2497 [07-214]
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Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices
MATTERS TO BE CONSIDERED:
Surveillance
Matters.
CONTACT PERSON FOR MORE INFORMATION:
Eileen A. Donovan, 202–418–5100.
Eileen A. Donovan,
Acting Secretary of the Commission.
[FR Doc. 07–228 Filed 1–17–07; 11:27 am]
BILLING CODE 6351–01–M
II. The Parties
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 07–C0002]
Nexgrill Industries, Inc., a Corporation,
Provisional Acceptance of a
Settlement Agreement and Order
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
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 Nexgrill
Industries, Inc., a corporation,
containing a civil penalty of $300,000.
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 February
5, 2007.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 07–C0002, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Dennis C. Kacoyanis, Trial Attorney,
Office of Compliance and Field
Operations, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, Maryland 20814–4408;
telephone (301) 504–7587.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
SUMMARY:
sroberts on PROD1PC70 with NOTICES
Dated: January 16, 2007.
Todd A. Stevenson,
Secretary.
In the Matter of Nexgrill Industries,
Inc., a Corporation
I. Settlement Agreement and Order
1. This Settlement Agreement is made
by and between the staff (‘‘the staff’’) of
the U.S. Consumer Product Safety
VerDate Aug<31>2005
18:10 Jan 18, 2007
Jkt 211001
Commission (‘‘the Commission’’) and
Nexgrill Industries, Inc. (‘‘Nexgrill’’), 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 settle the staff’s
allegations set forth below.
2. The Commission is an independent
Federal regulatory agency responsible
for the enforcement of the CPSA, 15
U.S.C. 2051–2084.
3. Nexgrill is a corporation organized
and existing under the laws of the State
of California with its principal corporate
office located at 280 Machlin Ct.,
Walnut, CA 91789. Nexgrill is a
manufacturer of gas grills, patio heaters,
outdoor fire pits, and kitchen food prep
carts.
III. Allegations of the Staff
4. Between December 2003 and March
2005, Nexgrill manufactured and sold
nationwide approximately 16,000
Nexgrill Gas Grills (‘‘gas grills’’), Model
Number 720–0025.
5. The gas grills are ‘‘consumer
products’’ and, at the times relevant
herein, Nexgrill was a ‘‘manufacturer’’
of those consumer products, which were
‘‘distributed in commerce,’’ as those
terms are defined in sections 3(a)(1), (4),
(11), and (12) of the CPSA, 15 U.S.C.
2052(a)(1), (4), (11), and (12).
6. Between April 2004 and October
2005, Nexgrill received 20 reports of gas
grill fires, including three reports of
minor burn injuries.
7. Although Nexgrill obtained
sufficient information to support the
conclusion that the gas grills contained
a defect which could create a substantial
product hazard, or created an
unreasonable risk of serious injury or
death at least 10 months before
reporting, it failed to immediately
inform the Commission of such defect
or risk as required by sections 15(b)(2)
and (3) of the CPSA, 15 U.S.C.
2064(b)(2) and (3).
8. By failing to furnish information as
required by section 15(b) of the CPSA,
15 U.S.C. 2064(b), Nexgrill 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).
9. Pursuant to section 20 of the CPSA,
15 U.S.C. 2069, Nexgrill is subject to
civil penalties for its failure to make a
timely report under section 15(b) of the
CPSA, 15 U.S.C. 2064(b).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
IV. Nexgrill’s Response
10. Nexgrill denies the staff’s
allegations that it violated the CPSA as
set forth in paragraphs 4 through 9
above.
11. Nexgrill enters into this
Settlement Agreement to resolve the
staff’s allegations without the time and
expense of litigation. By agreeing to this
settlement, Nexgrill does not admit any
of the staff’s allegations of any fault,
liability, or statutory or regulatory
violation.
12. Nexgrill voluntarily, and without
the Commission or the staff having first
requested information from Nexgrill,
reported the above matter under section
15(b) of the CPSA, 15 U.S.C. 2064(b)
and offered to implement a voluntary
corrective action that was accepted by
the staff.
V. Agreement of the Parties
13. The Commission has jurisdiction
over this matter and over Nexgrill under
the Consumer Product Safety Act, 15
U.S.C. 2051–2084.
14. In settlement of the staff’s
allegations, Nexgrill agrees to pay a civil
penalty in the amount of $300,000.00 as
set forth in the attached incorporated
Order.
15. The parties enter this Settlement
Agreement for settlement purposes only.
The Settlement Agreement does not
constitute an admission by Nexgrill or a
determination by the Commission that
Nexgrill violated the CPSA’s reporting
requirements.
16. Upon provisional acceptance of
this Agreement 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 procedures 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 will be
deemed finally accepted on the 16th
calendar day after the date it is
published in the Federal Register.
17. Upon final acceptance of the
Agreement by the Commission and
issuance of the Final Order, Nexgrill
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 the
Commission’s actions; (iii) a
determination by the Commission as to
whether Nexgrill failed to comply with
the CPSA and the underlying
regulations; (iv) a statement of findings
of fact or conclusions of law; and (v) any
E:\FR\FM\19JAN1.SGM
19JAN1
Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices
sroberts on PROD1PC70 with NOTICES
claims under the Equal Access to Justice
Act.
18. The Commission may publicize
the terms of the Settlement Agreement
and Order.
19. This Settlement Agreement and
Order shall apply to, and be binding
upon, Nexgrill and each of its
successors and assigns.
20. 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 this Order may subject
Nexgrill to appropriate legal action.
21. 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
contradict its terms.
22. This Settlement Agreement shall
not be waived, changed, amended,
modified, or otherwise altered without
written agreement thereto executed by
the party against whom such
amendment, modification, alteration, or
waiver is sought to be enforced.
23. 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 provisions shall be
fully severable. The rest of the
Settlement Agreement and Order shall
remain in full effect, unless the
Commission and Nexgrill determine
that severing the provision materially
changes the purpose of the Settlement
Agreement and Order.
Nexgrill Industries, Inc.
Dated: January 2, 2007.
Sherman Lin,
Vice President, Operations, Nexgrill
Industries, Inc., 280 Machlin Court,
Walnut, CA 91789.
Dated: January 3, 2007.
Mac. S. Dunaway,
Matthew F. Hall,
Dunaway & Cross, P.C., Attorneys for
Nexgrill, Industries, Inc., 1100 Connecticut
Avenue, NW., Suite 410, Washington, DC
20036.
Commission.
John Gibson Mullan,
Assistant Executive Director, Office of
Compliance and Field Operations,
Consumer Product Safety Commission,
4330 East West Highway, Bethesda, MD
20814.
Ronald G. Yelenik,
Acting Director, Legal Division, Office of
Compliance and Field Operations.
Dated: January 3, 2007.
Dennis C. Kacoyanis,
Trial Attorney, Legal Division, Office of
Compliance and Field Operations.
VerDate Aug<31>2005
18:10 Jan 18, 2007
Jkt 211001
Order
Upon consideration of the Settlement
Agreement entered into between
Nexgrill Industries, Inc., (‘‘Nexgrill’’)
and the staff of the Consumer Product
Safety Commission (‘‘the Commission’’);
and the Commission having jurisdiction
over the subject matter and Nexgrill;
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 Nexgrill
shall pay a civil penalty of THREE
HUNDRED THOUSAND DOLLARS
($300,000.00) in three installments as
follows: SEVENTY–FIVE THOUSAND
DOLLARS ($75,000.00) shall be paid
within twenty (20) calendar days of
service of the Final Order upon Nexgrill;
ONE–HUNDRED THOUSAND
DOLLARS ($100,000.00) shall be paid
within one (1) year of service of the
Final Order upon Nexgrill; and ONE
HUNDRED TWENTY–FIVE
THOUSAND DOLLARS ($125,000.00)
shall be paid within two (2) years of
service of the Final Order upon Nexgrill.
Upon the failure of Nexgrill to make any
of the foregoing payments when due,
the entire amount of the civil penalty
shall become due and payable, and
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 provisional
Order issued on the 12th day of January,
2007.
By Order of the Commission.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 07–214 Filed 1–18–07; 8:45 am]
BILLING CODE 6355–01–M
DEPARTMENT OF EDUCATION
Office of Elementary and Secondary
Education; Overview Information;
Alaska Native Education Program;
Notice Inviting Applications for New
Awards for Fiscal Year (FY) 2007
Catalog of Federal Domestic Assistance
(CFDA) Number: 84.356A.
Dates: Applications Available:
January 19, 2007.
Deadline for Transmittal of
Applications: March 5, 2007.
Eligible Applicants: (a) Alaska Native
organizations;
(b) Educational entities with
experience in developing or operating
Alaska Native programs or programs of
instruction conducted in Alaska Native
languages;
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
2497
(c) Cultural and community-based
organizations with experience in
developing or operating programs to
benefit Alaska Natives; and
(d) Consortia of organizations and
entities described in this paragraph to
carry out activities that meet the
purposes of this program.
Note: A State educational agency (SEA) or
local educational agency (LEA) may apply for
an award under this program only as part of
a consortium involving an Alaska Native
organization. The consortium may include
other eligible applicants.
Estimated Available Funds: The
Administration has requested
$33,908,000 for this program for FY
2007, of which we intend to use an
estimated $2,318,000 for new awards.
The actual level of funding, if any,
depends on final congressional action.
However, we are inviting applications to
allow enough time to complete the grant
process if Congress appropriates funds
for this program. Contingent upon the
availability of funds and the quality of
applications, the Secretary may make
additional awards in FY 2008 from the
list of unfunded applicants from this
competition.
Estimated Range of Awards:
$300,000–$600,000.
Estimated Average Size of Awards:
$450,000.
Estimated Number of Awards: 5–8.
Note: The Department is not bound by any
estimates in this notice.
Project Period: Up to 36 months.
Full Text of Announcement
I. Funding Opportunity Description
Purpose of Program: The purpose of
this program is to develop and support
supplemental educational programs to
benefit Alaska Natives. Permissible
activities under this program include
the following: (1) Development and
implementation of plans, methods, and
strategies to improve the education of
Alaska Natives; (2) Development of
curricula and educational programs that
address the educational needs of Alaska
Native students; (3) Professional
development activities for educators; (4)
Development and operation of home
instruction programs for Alaska Native
preschool children, to ensure the active
involvement of parents in their
children’s education from the earliest
ages; (5) Family literacy services; (6)
Development and operation of student
enrichment programs in science and
mathematics; (7) Research and data
collection activities to determine the
educational status and needs of Alaska
Native children and adults; (8) Other
research and evaluation activities
E:\FR\FM\19JAN1.SGM
19JAN1
]]>Agencies
[Federal Register Volume 72, Number 12 (Friday, January 19, 2007)]
[Notices]
[Pages 2496-2497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-214]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 07-C0002]
Nexgrill Industries, Inc., 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
Nexgrill Industries, Inc., a corporation, containing a civil penalty of
$300,000.
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 February 5, 2007.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 07-C0002, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: Dennis C. Kacoyanis, Trial Attorney,
Office of Compliance and Field Operations, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, Maryland 20814-4408;
telephone (301) 504-7587.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: January 16, 2007.
Todd A. Stevenson,
Secretary.
In the Matter of Nexgrill Industries, Inc., a Corporation
I. 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 Nexgrill Industries, Inc. (``Nexgrill''), 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 settle the staff's allegations set
forth below.
II. The Parties
2. The Commission is an independent Federal regulatory agency
responsible for the enforcement of the CPSA, 15 U.S.C. 2051-2084.
3. Nexgrill is a corporation organized and existing under the laws
of the State of California with its principal corporate office located
at 280 Machlin Ct., Walnut, CA 91789. Nexgrill is a manufacturer of gas
grills, patio heaters, outdoor fire pits, and kitchen food prep carts.
III. Allegations of the Staff
4. Between December 2003 and March 2005, Nexgrill manufactured and
sold nationwide approximately 16,000 Nexgrill Gas Grills (``gas
grills''), Model Number 720-0025.
5. The gas grills are ``consumer products'' and, at the times
relevant herein, Nexgrill was a ``manufacturer'' of those consumer
products, which were ``distributed in commerce,'' as those terms are
defined in sections 3(a)(1), (4), (11), and (12) of the CPSA, 15 U.S.C.
2052(a)(1), (4), (11), and (12).
6. Between April 2004 and October 2005, Nexgrill received 20
reports of gas grill fires, including three reports of minor burn
injuries.
7. Although Nexgrill obtained sufficient information to support the
conclusion that the gas grills contained a defect which could create a
substantial product hazard, or created an unreasonable risk of serious
injury or death at least 10 months before reporting, it failed to
immediately inform the Commission of such defect or risk as required by
sections 15(b)(2) and (3) of the CPSA, 15 U.S.C. 2064(b)(2) and (3).
8. By failing to furnish information as required by section 15(b)
of the CPSA, 15 U.S.C. 2064(b), Nexgrill 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).
9. Pursuant to section 20 of the CPSA, 15 U.S.C. 2069, Nexgrill is
subject to civil penalties for its failure to make a timely report
under section 15(b) of the CPSA, 15 U.S.C. 2064(b).
IV. Nexgrill's Response
10. Nexgrill denies the staff's allegations that it violated the
CPSA as set forth in paragraphs 4 through 9 above.
11. Nexgrill enters into this Settlement Agreement to resolve the
staff's allegations without the time and expense of litigation. By
agreeing to this settlement, Nexgrill does not admit any of the staff's
allegations of any fault, liability, or statutory or regulatory
violation.
12. Nexgrill voluntarily, and without the Commission or the staff
having first requested information from Nexgrill, reported the above
matter under section 15(b) of the CPSA, 15 U.S.C. 2064(b) and offered
to implement a voluntary corrective action that was accepted by the
staff.
V. Agreement of the Parties
13. The Commission has jurisdiction over this matter and over
Nexgrill under the Consumer Product Safety Act, 15 U.S.C. 2051-2084.
14. In settlement of the staff's allegations, Nexgrill agrees to
pay a civil penalty in the amount of $300,000.00 as set forth in the
attached incorporated Order.
15. The parties enter this Settlement Agreement for settlement
purposes only. The Settlement Agreement does not constitute an
admission by Nexgrill or a determination by the Commission that
Nexgrill violated the CPSA's reporting requirements.
16. Upon provisional acceptance of this Agreement 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 procedures 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
will be deemed finally accepted on the 16th calendar day after the date
it is published in the Federal Register.
17. Upon final acceptance of the Agreement by the Commission and
issuance of the Final Order, Nexgrill 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 the
Commission's actions; (iii) a determination by the Commission as to
whether Nexgrill failed to comply with the CPSA and the underlying
regulations; (iv) a statement of findings of fact or conclusions of
law; and (v) any
[[Page 2497]]
claims under the Equal Access to Justice Act.
18. The Commission may publicize the terms of the Settlement
Agreement and Order.
19. This Settlement Agreement and Order shall apply to, and be
binding upon, Nexgrill and each of its successors and assigns.
20. 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 this
Order may subject Nexgrill to appropriate legal action.
21. 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 contradict its terms.
22. This Settlement Agreement shall not be waived, changed,
amended, modified, or otherwise altered without written agreement
thereto executed by the party against whom such amendment,
modification, alteration, or waiver is sought to be enforced.
23. 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 provisions shall be fully
severable. The rest of the Settlement Agreement and Order shall remain
in full effect, unless the Commission and Nexgrill determine that
severing the provision materially changes the purpose of the Settlement
Agreement and Order.
Nexgrill Industries, Inc.
Dated: January 2, 2007.
Sherman Lin,
Vice President, Operations, Nexgrill Industries, Inc., 280 Machlin
Court, Walnut, CA 91789.
Dated: January 3, 2007.
Mac. S. Dunaway,
Matthew F. Hall,
Dunaway & Cross, P.C., Attorneys for Nexgrill, Industries, Inc.,
1100 Connecticut Avenue, NW., Suite 410, Washington, DC 20036.
Commission.
John Gibson Mullan,
Assistant Executive Director, Office of Compliance and Field
Operations, Consumer Product Safety Commission, 4330 East West
Highway, Bethesda, MD 20814.
Ronald G. Yelenik,
Acting Director, Legal Division, Office of Compliance and Field
Operations.
Dated: January 3, 2007.
Dennis C. Kacoyanis,
Trial Attorney, Legal Division, Office of Compliance and Field
Operations.
Order
Upon consideration of the Settlement Agreement entered into between
Nexgrill Industries, Inc., (``Nexgrill'') and the staff of the Consumer
Product Safety Commission (``the Commission''); and the Commission
having jurisdiction over the subject matter and Nexgrill; 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 Nexgrill shall pay a civil
penalty of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) in three
installments as follows: SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00)
shall be paid within twenty (20) calendar days of service of the Final
Order upon Nexgrill; ONE-HUNDRED THOUSAND DOLLARS ($100,000.00) shall
be paid within one (1) year of service of the Final Order upon
Nexgrill; and ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000.00)
shall be paid within two (2) years of service of the Final Order upon
Nexgrill. Upon the failure of Nexgrill to make any of the foregoing
payments when due, the entire amount of the civil penalty shall become
due and payable, and 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 provisional Order issued on the 12th
day of January, 2007.
By Order of the Commission.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. 07-214 Filed 1-18-07; 8:45 am]
BILLING CODE 6355-01-M
