True Religion Apparel, Inc., Provisional Acceptance of a Settlement Agreement and Order, 23207-23209 [E8-9268]
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Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices
issuance of the final Order, NMG
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 Order or of
the Commission’s actions; (3) a
determination by the Commission of
whether NMG 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.
23. The Commission may publicize
the terms of the Agreement and the
Order.
24. The Agreement and the Order
shall apply to, and be binding upon,
NMG and each of its successors and
assigns.
25. The Commission issues the Order
under the provisions of the CPSA, and
violation of the Order may subject NMG
to appropriate legal action.
26. The Agreement may be used in
interpreting the Order. Understandings,
agreements, representations, or
interpretations apart from those
contained in the Agreement and the
Order may not be used to vary or
contradict their terms. The Agreement
shall not be waived, amended,
modified, or otherwise altered without
written agreement thereto executed by
the party against whom such waiver,
amendment, modification, or alteration
is sought to be enforced.
27. If any provision of the Agreement
and the Order is held to be illegal,
invalid, or unenforceable under present
or future laws effective during the terms
of the Agreement and the Order, such
provision shall be fully severable. The
balance of the Agreement and the Order
shall remain in full force and effect,
unless the Commission and NMG agree
that severing the provision materially
affects the purpose of the Agreement
and the Order.
28. Pursuant to section 6(d) of the
Interim Delegation of Authority ordered
by the Commission on February 1, 2008,
the Commission delegated to the
Assistant Executive Director for
Compliance and Field Operations the
authority to act, with the concurrence of
the General Counsel, for the
Commission under 16 CFR 1118.20 with
respect to Staff allegations that any
person or firm violated 15 U.S.C. 2068,
where the total amount of the settlement
involves no more than $100,000.
The Neiman Marcus Group, Inc.
Dated: April 2, 2008.
By: Kim Yee,
Vice President and Assistant General
Counsel, The Neiman Marcus Group, Inc.,
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21:01 Apr 28, 2008
Jkt 214001
One Marcus Square, 1618 Main Street,
Dallas, TX 75201.
Dated: 4–3–08.
By: Christie Grymes, Esq.,
Kelley Drye & Warren LLP, 3050 K Street,
NW., Suite 400, Washington, DC 20007,
Counsel for The Neiman Marcus Group, Inc.
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: 4–16–08.
By: Seth B. Popkin,
Trial Attorney, Legal Division,
Office of Compliance and Field Operations.
United States of America
Consumer Product Safety Commission
In the Matter of the Neiman Marcus
Group, Inc.; CPSC Docket No. 08–C0005
Order
Upon consideration of the Settlement
Agreement entered into between The
Neiman Marcus Group, Inc. (‘‘NMG’’)
and the U.S. Consumer Product Safety
Commission (‘‘Commission’’) staff, and
the Commission having jurisdiction
over the subject matter and over NMG,
and pursuant to the authority delegated
in section 6(d) of the Interim Delegation
of Authority ordered by the Commission
on February 1, 2008, and it appearing
that the Settlement Agreement and the
Order are in the public interest, it is
Ordered, that the Settlement Agreement
be, and hereby is, accepted; and it is
Further ordered, that NMG shall pay a
civil penalty in the amount of fifty
thousand dollars ($50,000.00) within
twenty (20) calendar days of service of
the Commission’s final Order accepting
the Agreement. The payment shall be
made by check payable to the order of
the United States Treasury. Upon the
failure of NMG to make the foregoing
payment when due, interest on the
unpaid amount shall accrue and be paid
by NMG 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 22nd day of
April, 2008.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. E8–9270 Filed 4–28–08; 8:45 am]
BILLING CODE 6355–01–M
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23207
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 08–C0006]
True Religion Apparel, 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 True
Religion Apparel, Inc., containing a civil
penalty of $50,000.00.
DATES: Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by May 14,
2008.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 08–C0006, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT: Seth
B. Popkin, Trial Attorney, Legal
Division, Office of Compliance and
Field Operations, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, Maryland 20814–
4408; telephone (301) 504–7612.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: April 23, 2008,
Todd A. Stevenson,
Secretary.
United States of America Consumer
Product Safety Commission
In the Matter of True Religion Apparel,
Inc.; CPSC Docket No. 08-C0006
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
True Religion Apparel, Inc. (‘‘TRA’’),
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 (‘‘Order’’)
settle the Staff’s allegations set forth
below.
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23208
Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices
Parties
1274(c). The letter also notes the CPSA’s
section 15(b) reporting requirements.
10. TRA reported to the Commission
that there had been no incidents or
injuries from the Drawstring
Sweatshirts.
11. TRA’ s distribution in commerce
of the Drawstring Sweatshirts did not
meet the Guidelines or ASTM F1816–
97, failed to comport with the Staff’s
May 2006 defect notice, and posed a
strangulation hazard to children.
12. On September 14, 2006, the
Commission, in cooperation with TRA,
announced a recall of 150 of the
Drawstring Sweatshirts, informing
consumers that they should
immediately stop using the Drawstring
Sweatshirts.
13. TRA had presumed and actual
knowledge that the Drawstring
Sweatshirts distributed in commerce
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). TRA had obtained
information that reasonably supported
the conclusion that the Drawstring
Sweatshirts 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
TRA to immediately inform the
Commission of the defect and risk.
14. TRA knowingly failed to
immediately inform the Commission
about the Drawstring Sweatshirts,
including the 150 referenced above and
additional ones, as required by CPSA
sections 15(b)(2) and (3), 15 U.S.C.
2064(b)(2) and (3), and as the term
‘‘knowingly’’ is defined in CPSA section
20(d), 15 U.S.C. 2069(d). This failure
violated CPSA section 19(a)(4), 15
U.S.C. 2068(a)(4). Pursuant to CPSA
section 20, 15 U.S.C. 2069, this failure
subjected TRA to civil penalties.
2. The Commission is 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. TRA is a corporation organized and
existing under the laws of Delaware,
with its principal offices located in
Vernon, California. At all times relevant
hereto, IRA sold apparel and
accessories.
sroberts on PROD1PC70 with NOTICES
Staff Allegations
4. From March to April 2006, TRA
imported and sold to retailers True
Religion Brand Jeans fleece hoodies
with drawstrings through the hoods
(‘‘Drawstring Sweatshirts’’).
5. Retailers sold the Drawstring
Sweatshirts to consumers.
6. The Drawstring Sweatshirts are
‘‘consumer product[s],’’ and, at all times
relevant hereto, TRA was a
‘‘manufacturer’’ of those consumer
products, which were ‘‘distributed in
commerce,’’ as those terms are defined
in CPSA sections 3(a)(1), (4), (11), and
(12), 15 U.S.C. 2052(a)(1), (4), (11), and
(12).
7. In February 1996, the Staff issued
the Guidelines for Drawstrings on
Children’s Upper Outerwear
(‘‘Guidelines’’) to help prevent children
from strangling or entangling on neck
arid waist drawstrings. The Guidelines
state that drawstrings can cause, and
have caused, injuries and deaths when
they catch on items such as playground
equipment, bus doors, or cribs. In the
Guidelines, the Staff recommends that
there be no hood and neck drawstrings
in children’s upper outerwear sized 2T
to 12.
8. In June 1997, ASTM adopted a
voluntary standard, ASTM Fl 816–97,
that incorporated the Guidelines. The
Guidelines state that firms should be
aware of the hazards and should be sure
garments they sell conform to the
voluntary standard.
9. On May 19, 2006, the Commission
posted on its Web site a letter from the
Commission’s Director of the Office of
Compliance to manufacturers,
importers, and retailers of children’s
upper outerwear. The letter urges them
to make certain that all children’s upper
outerwear sold in the United States
complies with ASTM F 1816–97. The
letter states 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.
VerDate Aug<31>2005
21:01 Apr 28, 2008
Jkt 214001
TRA Response
15. TRA denies the Staff’s allegations
above that TRA knowingly violated the
CPSA, denies that it unknowingly
violated the CPSA, denies any
wrongdoing, and states that no lawsuit
has been filed against TRA relating to
the subject matter of the Agreement.
Agreement of the Parties
16. Under the CPSA, the Commission
has jurisdiction over this matter and
over TRA.
17. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by TRA, or a determination
by the Commission, that TRA has
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knowingly or unknowingly violated the
CPSA.
18. In settlement of the Staffs
allegations, TRA shall pay a civil
penalty in the amount of fifty thousand
dollars ($50,000.00) within twenty (20)
calendar days 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.
19. Upon 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). In
accordance with 16 CFR 1118.20(f), if
the Commission does not receive any
written request not to accept the
Agreement within fifteen (15) calendar
days, the Agreement shall be deemed
finally accepted on the sixteenth (16th)
calendar day after the date it is
published in the Federal Register.
20. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, TRA
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 Order or of
the Commission’s actions; (3) a
determination by the Commission of
whether TRA 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.
21. The Commission may publicize
the terms of the Agreement and the
Order.
22. The Agreement and the Order
shall apply to, and be binding upon,
TRA and each of its successors and
assigns.
23. The Commission issues the Order
under the provisions of the CPSA, and
violation of the Order may subject TRA
to appropriate legal action.
24. The Agreement may be used in
interpreting the Order. Understandings,
agreements, representations, or
interpretations apart from those
contained in the Agreement and the
Order may not be used to vary or
contradict their terms. The Agreement
shall not be waived, amended,
modified, or otherwise altered without
written agreement thereto executed by
the party against whom such waiver,
amendment, modification, or alteration
is sought to be enforced.
25. If any provision of the Agreement
and the Order is held to be illegal,
invalid, or unenforceable under present
or future laws effective during the terms
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Federal Register / Vol. 73, No. 83 / Tuesday, April 29, 2008 / Notices
of the Agreement and the Order, such
provision shall be fully severable. The
balance of the Agreement and the Order
shall remain in full force and effect,
unless the Commission and TRA agree
that severing the provision materially
affects the purpose of the Agreement
and the Order.
26. Pursuant to section 6(d) of the
Interim Delegation of Authority ordered
by the Commission on February 1, 2008,
the Commission delegated to the
Assistant Executive Director for
Compliance and Field Operations the
authority to act, with the concurrence of
the General Counsel, for the
Commission under 16 CFR 1118.20 with
respect to Staff allegations that any
person or firm violated 15 U.S.C. 2068,
where the total amount of the settlement
involves no more than $100,000.
True Religion Apparel, Inc.,
Dated: 4/2/08,
By: Michael Buckley,
President,
True Religion Apparel, Inc.
2263 E. Vernon Avenue,
Vernon, CA 90058.
Dated: 4/3/08,
By: William E. Potts, Jr., Esq.,
Akin, Gump, Strauss, Hauer & Feld,
1333 New Hampshire Ave., NW.,
Washington, DC 20036,
Counsel to True Religion Apparel, Inc.
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: 4–16–08,
By: Seth B. Popkin,
Trial Attorney,
Legal Division,
Office of Compliance and Field Operations.
United States of America Consumer Product
Safety Commission
sroberts on PROD1PC70 with NOTICES
In the Matter of True Religion Apparel, Inc.;
CPSC Docket No. 08–C0006
Order
Upon consideration of the Settlement
Agreement entered into between True
Religion Apparel, Inc. (‘‘TRA’’) and the U.S.
Consumer Product Safety Commission
(‘‘Commission’’) staff, and the Commission
having jurisdiction over the subject matter
and over TRA, and pursuant to the authority
delegated in section 6(d) of the Interim
Delegation of Authority ordered by the
Commission on February 1, 2008, and it
appearing that the Settlement Agreement and
the Order are in the public interest, it is
Ordered, that the Settlement Agreement be,
and hereby is, accepted; and it is Further
Ordered, that TRA shall pay a civil penalty
in the amount of fifty thousand dollars
($50,000.00) within twenty (20) calendar
days of service of the Commission’s final
Order accepting the Agreement. The payment
VerDate Aug<31>2005
21:01 Apr 28, 2008
Jkt 214001
shall be made by check payable to the order
of the United States Treasury. Upon the
failure of TRA to make the foregoing payment
when due, interest on the unpaid amount
shall accrue and be paid by TRA at the
federal legal rate of interest set forth at 28
U.S.C. 1961(a) and (b).
A Provisionally accepted and provisional
Order issued on the 22nd day of April 2008.
By Order of the Commission:
Todd A. Stevenson,
Secretary,
U.S. Consumer Product Safety Commission.
[FR Doc. E8–9268 Filed 4–28–08; 8:45 am]
BILLING CODE 6355–01–M
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Proposed Information Collection;
Comment Request
Corporation for National and
Community Service.
ACTION: Notice.
AGENCY:
SUMMARY: The Corporation for National
and Community Service (hereinafter the
‘‘Corporation’’), as part of its continuing
effort to reduce paperwork and
respondent burden, conducts a preclearance consultation program to
provide the general public and federal
agencies with an opportunity to
comment on proposed and/or
continuing collections of information in
accordance with the Paperwork
Reduction Act of 1995 (PRA95) (44
U.S.C. 3506(c)(2)(A)). This program
helps to ensure that requested data can
be provided in the desired format,
reporting burden (time and financial
resources) is minimized, collection
instruments are clearly understood, and
the impact of collection requirement on
respondents can be properly assessed.
Currently, the Corporation is
soliciting comments concerning its
proposed competition of its Office of
Leadership Development and Training
(hereinafter ‘OLDT’) cooperative
agreement applications. These
applications are used by current and
prospective grantees to apply for funds
to support training and technical
assistance to Corporation grantees
funded through AmeriCorps, Senior
Corps, Lean and Serve and NCCC.
Completion of the Grant Application is
required to be considered for or obtain
a Corporation cooperative agreement to
provide training and technical
assistance services to Corporation
grantees and subgrantees.
Copies of the information collection
requests can be obtained by contacting
the office listed in the addresses section
of this notice.
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23209
Written comments must be
submitted to the individual and office
listed in the ADDRESSES section by June
30, 2008.
ADDRESSES: You may submit comments,
identified by the title of the information
collection activity, by any of the
following methods:
(1) By mail sent to: Corporation for
National and Community Service, Office
of Leadership Development and
Training; Attention Ralph Morales,
Acting Associate Director for
Administration and Budget, Room 9809;
1201 New York Avenue, NW.,
Washington, DC 20525.
(2) By hand delivery or by courier to
the Corporation’s mailroom at Room
6010 at the mail address given in
paragraph (1) above, between 9 a.m. and
4 p.m. Monday through Friday, except
Federal holidays.
(3) By fax to: (202) 606–3477,
Attention Ralph Morales, Acting
Associate Director for Budget and
Administration.
(4) Electronically through the
Corporation’s e-mail address system:
rmorales@cns.gov.
DATES:
FOR FURTHER INFORMATION CONTACT:
Ralph Morales, (202) 606–6829, or by email at rmorales@cns.gov.
SUPPLEMENTARY INFORMATION: The
Corporation is particularly interested in
comments that:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Corporation, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are expected to respond, including the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology (≤
e.g., permitting electronic submissions
of responses).
Background
The Office of Leadership
Development and Training Application
is completed by applicant organizations
interested in providing training and
technical assistance services to
Corporation grantees and subgrantees to
train them in effectively managing their
Corporation-funded programs. The
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29APN1
]]>Agencies
[Federal Register Volume 73, Number 83 (Tuesday, April 29, 2008)]
[Notices]
[Pages 23207-23209]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-9268]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 08-C0006]
True Religion Apparel, 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
True Religion Apparel, Inc., containing a civil penalty of $50,000.00.
DATES: Any interested person may ask the Commission not to accept this
agreement or otherwise comment on its contents by filing a written
request with the Office of the Secretary by May 14, 2008.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 08-C0006, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: Seth B. Popkin, Trial Attorney, Legal
Division, Office of Compliance and Field Operations, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-
4408; telephone (301) 504-7612.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: April 23, 2008,
Todd A. Stevenson,
Secretary.
United States of America Consumer Product Safety Commission
In the Matter of True Religion Apparel, Inc.; CPSC Docket No. 08-C0006
Settlement Agreement
1. In accordance with 16 CFR 1118.20, True Religion Apparel, Inc.
(``TRA''), 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 (``Order'') settle the Staff's allegations set forth below.
[[Page 23208]]
Parties
2. The Commission is 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. TRA is a corporation organized and existing under the laws of
Delaware, with its principal offices located in Vernon, California. At
all times relevant hereto, IRA sold apparel and accessories.
Staff Allegations
4. From March to April 2006, TRA imported and sold to retailers
True Religion Brand Jeans fleece hoodies with drawstrings through the
hoods (``Drawstring Sweatshirts'').
5. Retailers sold the Drawstring Sweatshirts to consumers.
6. The Drawstring Sweatshirts are ``consumer product[s],'' and, at
all times relevant hereto, TRA was a ``manufacturer'' of those consumer
products, which were ``distributed in commerce,'' as those terms are
defined in CPSA sections 3(a)(1), (4), (11), and (12), 15 U.S.C.
2052(a)(1), (4), (11), and (12).
7. In February 1996, the Staff issued the Guidelines for
Drawstrings on Children's Upper Outerwear (``Guidelines'') to help
prevent children from strangling or entangling on neck arid waist
drawstrings. The Guidelines state that drawstrings can cause, and have
caused, injuries and deaths when they catch on items such as playground
equipment, bus doors, or cribs. In the Guidelines, the Staff recommends
that there be no hood and neck drawstrings in children's upper
outerwear sized 2T to 12.
8. In June 1997, ASTM adopted a voluntary standard, ASTM Fl 816-97,
that incorporated the Guidelines. The Guidelines state that firms
should be aware of the hazards and should be sure garments they sell
conform to the voluntary standard.
9. On May 19, 2006, the Commission posted on its Web site a letter
from the Commission's Director of the Office of Compliance to
manufacturers, importers, and retailers of children's upper outerwear.
The letter urges them to make certain that all children's upper
outerwear sold in the United States complies with ASTM F 1816-97. The
letter states 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 notes the CPSA's section 15(b) reporting requirements.
10. TRA reported to the Commission that there had been no incidents
or injuries from the Drawstring Sweatshirts.
11. TRA' s distribution in commerce of the Drawstring Sweatshirts
did not meet the Guidelines or ASTM F1816-97, failed to comport with
the Staff's May 2006 defect notice, and posed a strangulation hazard to
children.
12. On September 14, 2006, the Commission, in cooperation with TRA,
announced a recall of 150 of the Drawstring Sweatshirts, informing
consumers that they should immediately stop using the Drawstring
Sweatshirts.
13. TRA had presumed and actual knowledge that the Drawstring
Sweatshirts distributed in commerce 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). TRA had obtained information that
reasonably supported the conclusion that the Drawstring Sweatshirts
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 TRA
to immediately inform the Commission of the defect and risk.
14. TRA knowingly failed to immediately inform the Commission about
the Drawstring Sweatshirts, including the 150 referenced above and
additional ones, as required by CPSA sections 15(b)(2) and (3), 15
U.S.C. 2064(b)(2) and (3), and as the term ``knowingly'' is defined in
CPSA section 20(d), 15 U.S.C. 2069(d). This failure violated CPSA
section 19(a)(4), 15 U.S.C. 2068(a)(4). Pursuant to CPSA section 20, 15
U.S.C. 2069, this failure subjected TRA to civil penalties.
TRA Response
15. TRA denies the Staff's allegations above that TRA knowingly
violated the CPSA, denies that it unknowingly violated the CPSA, denies
any wrongdoing, and states that no lawsuit has been filed against TRA
relating to the subject matter of the Agreement.
Agreement of the Parties
16. Under the CPSA, the Commission has jurisdiction over this
matter and over TRA.
17. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by TRA, or a
determination by the Commission, that TRA has knowingly or unknowingly
violated the CPSA.
18. In settlement of the Staffs allegations, TRA shall pay a civil
penalty in the amount of fifty thousand dollars ($50,000.00) within
twenty (20) calendar days 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.
19. Upon 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). In accordance with 16 CFR 1118.20(f), if the Commission
does not receive any written request not to accept the Agreement within
fifteen (15) calendar days, the Agreement shall be deemed finally
accepted on the sixteenth (16th) calendar day after the date it is
published in the Federal Register.
20. Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, TRA 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 Order or of the
Commission's actions; (3) a determination by the Commission of whether
TRA 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.
21. The Commission may publicize the terms of the Agreement and the
Order.
22. The Agreement and the Order shall apply to, and be binding
upon, TRA and each of its successors and assigns.
23. The Commission issues the Order under the provisions of the
CPSA, and violation of the Order may subject TRA to appropriate legal
action.
24. The Agreement may be used in interpreting the Order.
Understandings, agreements, representations, or interpretations apart
from those contained in the Agreement and the Order may not be used to
vary or contradict their terms. The Agreement shall not be waived,
amended, modified, or otherwise altered without written agreement
thereto executed by the party against whom such waiver, amendment,
modification, or alteration is sought to be enforced.
25. If any provision of the Agreement and the Order is held to be
illegal, invalid, or unenforceable under present or future laws
effective during the terms
[[Page 23209]]
of the Agreement and the Order, such provision shall be fully
severable. The balance of the Agreement and the Order shall remain in
full force and effect, unless the Commission and TRA agree that
severing the provision materially affects the purpose of the Agreement
and the Order.
26. Pursuant to section 6(d) of the Interim Delegation of Authority
ordered by the Commission on February 1, 2008, the Commission delegated
to the Assistant Executive Director for Compliance and Field Operations
the authority to act, with the concurrence of the General Counsel, for
the Commission under 16 CFR 1118.20 with respect to Staff allegations
that any person or firm violated 15 U.S.C. 2068, where the total amount
of the settlement involves no more than $100,000.
True Religion Apparel, Inc.,
Dated: 4/2/08,
By: Michael Buckley,
President,
True Religion Apparel, Inc.
2263 E. Vernon Avenue,
Vernon, CA 90058.
Dated: 4/3/08,
By: William E. Potts, Jr., Esq.,
Akin, Gump, Strauss, Hauer & Feld,
1333 New Hampshire Ave., NW.,
Washington, DC 20036,
Counsel to True Religion Apparel, Inc.
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: 4-16-08,
By: Seth B. Popkin,
Trial Attorney,
Legal Division,
Office of Compliance and Field Operations.
United States of America Consumer Product Safety Commission
In the Matter of True Religion Apparel, Inc.; CPSC Docket No. 08-
C0006
Order
Upon consideration of the Settlement Agreement entered into
between True Religion Apparel, Inc. (``TRA'') and the U.S. Consumer
Product Safety Commission (``Commission'') staff, and the Commission
having jurisdiction over the subject matter and over TRA, and
pursuant to the authority delegated in section 6(d) of the Interim
Delegation of Authority ordered by the Commission on February 1,
2008, and it appearing that the Settlement Agreement and the Order
are in the public interest, it is Ordered, that the Settlement
Agreement be, and hereby is, accepted; and it is Further Ordered,
that TRA shall pay a civil penalty in the amount of fifty thousand
dollars ($50,000.00) within twenty (20) calendar days of service of
the Commission's final Order accepting the Agreement. The payment
shall be made by check payable to the order of the United States
Treasury. Upon the failure of TRA to make the foregoing payment when
due, interest on the unpaid amount shall accrue and be paid by TRA
at the federal legal rate of interest set forth at 28 U.S.C. 1961(a)
and (b).
A Provisionally accepted and provisional Order issued on the
22nd day of April 2008.
By Order of the Commission:
Todd A. Stevenson,
Secretary,
U.S. Consumer Product Safety Commission.
[FR Doc. E8-9268 Filed 4-28-08; 8:45 am]
BILLING CODE 6355-01-M
