IKEA North American Services, LLC, a Corporation, Provisional Acceptance of a Settlement Agreement and Order, 72777-72779 [E8-28166]
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Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Notices
Registration
To register for a scheduled Protected
Species Safe Handling, Release, and
Identification Workshop, please contact
Angler Conservation Education at (877)
411–4272, 1640 Mason Ave., Daytona
Beach, FL 32117.
To ensure that workshop certificates
are linked to the correct permits,
participants will need to bring the
following items with them to the
workshop:
Individual vessel owners must bring a
copy of the appropriate permit(s), a
copy of the vessel registration or
documentation, and proof of
identification.
Representatives of a business owned
or co–owned vessel must bring proof
that the individual is an agent of the
business (such as articles of
incorporation), a copy of the applicable
permit(s), and proof of identification.
Vessel operators must bring proof of
identification.
Workshop Objectives
The protected species safe handling,
release, and identification workshops
are designed to teach longline and
gillnet fishermen the required
techniques for the safe handling and
release of entangled and/or hooked
protected species, such as sea turtles,
marine mammals, and smalltooth
sawfish. Identification of protected
species will also be taught at these
workshops in an effort to improve
reporting. Additionally, individuals
attending these workshops will gain a
better understanding of the
requirements for participating in these
fisheries. The overall goal for these
workshops is to provide participants the
skills needed to reduce the mortality of
protected species, which may prevent
additional regulations on these fisheries
in the future.
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Grandfathered Permit Holders
Participants in the industry–
sponsored workshops on safe handling
and release of sea turtles that were held
in Orlando, FL (April 8, 2005) and in
New Orleans, LA (June 27, 2005) were
issued a NOAA workshop certificate in
December 2006 that is valid for three
years. These workshop certificates may
be expiring in 2009. Vessel owners and
operators whose certificates expire prior
to permit renewal in 2009 must attend
a workshop, successfully complete the
course, and obtain a new certificate to
renew their limited access shark and
limited access swordfish permits.
Failure to provide a valid NOAA
VerDate Aug<31>2005
16:47 Nov 28, 2008
workshop certificate may result in a
permit denial.
In the Matter of IKEA North America
Services, LLC, a Corporation
Dated: November 21, 2008.
Alan D. Risenhoover
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. E8–28471 Filed 11–28–08; 8:45 am]
Settlement Agreement
BILLING CODE 3510–22–S
Registration Materials
Jkt 217001
72777
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 09–C0001]
IKEA North American Services, LLC, 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
Federal Hazardous Substances 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
IKEA North American Services, LLC, a
corporation, containing a civil penalty
of $500,000.00.
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 December
16, 2008.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 09–C0001, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Belinda V. Bell, Trial Attorney, Office of
Compliance and Field Operations,
Consumer Product Safety Commission,
4330 East West Highway, Bethesda,
Maryland 20814–4408; telephone (301)
504–7592.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: November 21, 2008.
Todd A. Stevenson,
Secretary.
United States of America Consumer
Product Safety Commission
[CPSC Docket No. 09–C0001]
PO 00000
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1. This Settlement Agreement
(‘‘Agreement’’) is made by and between
the staff (‘‘staff’’) of the U.S. Consumer
Product Safety Commission
(‘‘Commission’’) and IKEA North
America Services, LLC (‘‘IKEA’’), 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 Agreement
and the incorporated attached Order
(‘‘Order’’) resolve the staffs allegations
set forth below.
The Parties
2. The Commission is an independent
federal regulatory agency established
pursuant to, and responsible for the
enforcement of the CPSA, 15 U.S.C.
2051–2089.
3. IKEA is a corporation organized
and existing under the laws of the State
of Delaware, with its principal corporate
office located in Conshohocken, PA.
4. At all times relevant herein, IKEA
designed, manufactured and sold
outdoor candles, including those that
are the subject of the Agreement and
Order.
Staff Allegations
5. Between February 2001 and July
2005, IKEA manufactured and sold
approximately 133,000 sets of outdoor
candles (6 candles per set), under the
style names of Angar and Samlas, at
IKEA stores in the United States for
about $4.00 per set (‘‘candles’’ or
‘‘products’’). The firm also sold 1.3
million candle sets internationally.
6. The candles are ‘‘consumer
product(s)’’ and, at all times relevant
herein, IKEA was a ‘‘manufacturer,’’ and
‘‘retailer’’ of ‘‘consumer product(s),’’
which were ‘‘distributed in commerce’’
as those terms are defined or used in
sections 3(a)(5), (8), (11) and (13) of the
CPSA, 15 U.S.C. 2052(a)(5), (8), (11) and
(13).
7. The candles are defective because:
(1) The candle’s flame can unexpectedly
flare up, causing the entire top surface
of the candle to ignite and spread flames
beyond the container; (2) even in nonflare up situations, if a consumer
attempts to extinguish a burning candle
by blowing or dousing it with water, the
candle’s wax can spatter and burn the
consumer’s face; and (3) the product
fails to provide adequate warning notice
regarding the above mentioned hazards.
These defects pose fire and burn
hazards to consumers.
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72778
Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Notices
8. Between July 2001 and March 2006,
IKEA received approximately 32
worldwide reports of incidents in which
the candles unexpectedly flared up and/
or consumers were spattered with hot
candle wax. The firm is aware of 13
reports of property damage and at least
12 injuries to consumers.
9. Despite being aware of the
information set forth in paragraphs 7
and 8 above, IKEA did not report to the
Commission until March 2006, after the
Commission had opened its own
investigation and requested IKEA to
report.
10. Although IKEA had obtained
sufficient information to reasonably
support the conclusion that the candles
contained a defect which could create a
substantial product hazard, or created
an unreasonable risk of serious injury or
death, it failed to immediately inform
the Commission of such defect or risk as
required by sections 1 5(b)(3) and (4) of
the CPSA, 15 U.S.C. 2064(b)(3) and (4).
In failing to do so, IKEA ‘‘knowingly’’
violated section l9(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).
11. Pursuant to section 20 of the
CPSA, 15 U.S.C. 2069, IKEA is subject
to civil penalties for its failure to report
as required under section 15(b) of the
CPSA, 15 U.S.C. 2064(b).
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Response of IKEA
12. IKEA denies the allegations of the
staff that the candles contain a defect
which could create a substantial
product hazard, or create an
unreasonable risk of serious injury or
death, and denies that it violated the
reporting requirements of Section 15(b)
of the CPSA, 15 U.S.C. 2064(b).
Agreement of the Parties
13. Under the CPSA, the Commission
has jurisdiction over this matter and
over IKEA.
14. In settlement of the staff’s
allegations, IKEA agrees to pay a civil
penalty of five hundred thousand
dollars ($500,000.00), within twenty
(20) calendar days of receiving service
of the Commission’s Final Order
accepting the Agreement. This payment
shall be made by check to the order of
the United States Treasury.
15. The parties enter the Agreement
for settlement purposes only. The
Agreement does not constitute an
admission by IKEA or a determination
by the Commission that IKEA violated
the CPSA’s reporting requirements.
16. Upon provisional acceptance of
the Agreement by the Commission, the
Agreement shall be placed on the public
record and published in the Federal
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16:47 Nov 28, 2008
Jkt 217001
Register in accordance with the
procedures set forth in 16 CFR
1118.20(e). If the Commission does not
receive any written requests not to
accept the Agreement within 15
calendar days, the Agreement shall be
deemed finally accepted on the 16th
calendar day after the date it is
published in the Federal Register, in
accordance with 16 CFR 1118.20(1).
17. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, IKEA
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 Commission’s actions; (iii)
a determination by the Commission as
to whether IKEA failed to comply with
the CPSA and the underlying
regulations; (iv) a statement of findings
of fact and conclusions of law; and (v)
any claims under the Equal Access to
Justice Act.
18. The Commission may publicize
the terms of the Agreement and Order.
19. The Agreement and Order shall
apply to, and be binding upon IKEA and
each of its successors and assigns.
20. The Commission’s Order in this
matter is issued under the provisions of
the CPSA, and a violation of the Order
may subject those referenced in
paragraph 19 above to appropriate legal
action.
21. This Agreement may be used in
interpreting the Order. Agreements,
understandings, representations, or
interpretations apart from those
contained in the Agreement and Order
may not be used to vary or to contradict
their terms.
22. The Agreement shall not be
waived, 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 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 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 IKEA agree that
severing the provision materially affects
the purpose of the Agreement and
Order.
IKEA North America Services, LLC
Sept. 19, 2008.
By: Krister Hard af Segerstad,
PO 00000
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Fmt 4703
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Manager, Product Safety & Compliance,
IKEA North America Services, LLC,
420 Alan Wood Road, Conshohocken,
PA 19428.
Sept. 19, 2008.
By: Rob Olson,
Chief Financial Officer, IKEA North
America Services, LLC, 420 Alan
Wood Road, Conshohocken, PA
19428.
U.S. Consumer Product Safety
Commission
Cheryl Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Division of
Compliance, Office of the General
Counsel.
Nov. 21, 2008.
By: Belinda V. Bell,
Trial Attorney, Division of Compliance,
Office of the General Counsel.
United States of America, Consumer
Product Safety Commission.
[CPSC Docket No. 09–C0001]
In the Matter of Ikea North America
Services, LLC
Order
Upon consideration of the Settlement
Agreement entered into between IKEA
North America Services, LLC (‘‘IKEA’’)
and the U.S. Consumer Product Safety
Commission (‘‘Commission’’) staff, and
the Commission having jurisdiction
over the subject matter and over IKEA,
and it appearing that the Settlement
Agreement and order are in the public
interest, it is
Ordered that the Settlement
Agreement be, and hereby is, accepted
and it is
Further Ordered that IKEA shall pay
a civil penalty in the amount of five
hundred thousand dollars
($500,000.00), within twenty (20)
calendar days of service of the
Commission’s final Order accepting the
Settlement Agreement. The payment
shall be made by check payable to the
order of the United States Treasury.
Upon the failure of IKEA to make the
foregoing payment when due, interest
on the unpaid amount shall accrue and.
be paid by IKEA 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 21st day
of November, 2008.
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Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Notices
By Order of the Commission.
Todd A. Stevenson,
Secretary, Consumer Product Safety
Commission.
[FR Doc. E8–28166 Filed 11–28–08; 8:45 am]
BILLING CODE 6355–01–M
DEPARTMENT OF EDUCATION
The Historically Black Colleges and
Universities Capital Financing
Advisory Board
Department of Education. The
Historically Black Colleges and
Universities Capital Financing Advisory
Board.
ACTION: Notice of an open meeting.
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AGENCY:
SUMMARY: This notice sets forth the
schedule and proposed agenda of an
upcoming open meeting of the
Historically Black Colleges and
Universities Capital Financing Advisory
Board (Board). The notice also describes
the functions of the Board. Notice of this
meeting is required by Section 10(a)(2)
of the Federal Advisory Committee Act
and is intended to notify the public of
their opportunity to attend.
DATES: Friday, December 12, 2008.
Time: 9 a.m.–3 p.m.
ADDRESSES: U.S. Department of
Education, Board Room, 555 New Jersey
Avenue, NW., Washington, DC 20001.
FOR FURTHER INFORMATION CONTACT:
Donald E. Watson, Executive Director,
Historically Black College and
University Capital Financing (HBCU
Capital Financing) Program, 1990 K
Street, NW., Room 6130, Washington,
DC 20006; telephone: (202) 219–7037;
fax: (202) 502–7852; e-mail:
donald.watson@ed.gov.
Individuals who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FRS) at 1–800–877–8339,
Monday through Friday between the
hours of 8 a.m. and 8 p.m., Eastern
Standard Time.
SUPPLEMENTARY INFORMATION: The Board
is authorized by Title III, Part D, Section
347, of the Higher Education Act of
1965, as amended in 1998 (20 U.S.C.
1066f). The Board is established within
the Department of Education to provide
advice and counsel to the Secretary and
the designated bonding authority as to
the most effective and efficient means of
implementing construction financing on
HBCU campuses and to advise Congress
regarding the progress made in
implementing the program. Specifically,
the Board will provide advice as to the
capital needs of HBCUs, how those
needs can be met through the program,
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16:47 Nov 28, 2008
Jkt 217001
and what additional steps might be
taken to improve the operation and
implementation of the constructionfinancing program.
The purpose of this meeting is to
review current program activities, to
make administrative and legislative
recommendations to the Secretary and
the U.S. Congress that address the
current capital needs of HBCUs and
capital financing issues of HBCUs, and
to share additional steps in which the
HBCU Capital Financing Program might
improve its operation.
Individuals who will need
accommodations for a disability in order
to attend the meeting (e.g., interpreting
services, assistance listening devices, or
materials in alternative format) should
notify Donald Watson at 202–219–7037,
no later than December 1, 2008. We will
attempt to meet requests for
accommodations after this date but
cannot guarantee their availability. The
meeting site is accessible to individuals
with disabilities.
An opportunity for public comment is
available on Friday, December 12, 2008,
between 2:30 p.m.–3:00 p.m. Those
members of the public interested in
submitting written comments may do so
by submitting them to the attention of
Donald Watson, 1990 K Street, NW.,
Room 6130, Washington DC, by
Monday, December 1, 2008.
Records are kept of all Board
proceedings and are available for public
inspection at the Office of the
Historically Black College and
University Capital Financing Advisory
Board, 1990 K Street, NW., Room 6130,
Washington, DC 20006, from the hours
of 9 a.m. to 5 p.m., Eastern Standard
Time (EST), Monday through Friday.
Electronic Access to This Document:
You may view this document, as well as
all other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF), on the Internet at the
following site: https://www.ed.gov/news/
federegister.
To use PDF, you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free at 1–888–
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area at (202) 512–1530.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
PO 00000
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72779
Access at: https://www.gpoaccess.gov/nara/
index.html.
Cheryl A. Oldham,
Acting Assistant Secretary for Postsecondary
Education.
[FR Doc. E8–28444 Filed 11–28–08; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Notice Inviting Proposals for
Ownership and Operation of the Online
English Literacy Portal, ‘‘U.S.A. Learns
Web Portal’’
Office of Vocational and Adult
Education, Department of Education.
ACTION: Notice inviting proposals for
ownership and operation of the Online
English Literacy Portal, ‘‘U.S.A. Learns
Web Portal.’’
AGENCY:
SUMMARY: The President announced, as
one of his initiatives to address border
security and immigration challenges in
the United States, a plan to have the
U.S. Department of Education
(Department) develop and launch a free,
web-based portal to help immigrants
learn English to help them expand their
opportunities and make effective
contributions to American society. To
implement the President’s plan, the
Department’s Office of Vocational and
Adult Education (OVAE), as authorized
by the Adult Education and Family
Literacy Act and through a contract, has
developed and created the U.S.A.
Learns Web Portal, an online learning
environment designed for limited
English proficient (LEP) adults whose
level of English proficiency is at a low
level. The portal was launched on
November 7, 2008, on the Internet and
is available for use by the public at no
cost. The portal is available at the
following Web address: https://
www.usalearns.org.
The Department plans to turn over
ownership and operation of the portal to
one or more entities outside of the
Federal Government that would, with
its or their own resources, continue the
maintenance and upkeep of the portal,
make improvements to it, and continue
to make the portal available at no cost
to the public. Through this notice, we
are inviting proposals from entities
interested in owning and operating the
portal.
DATES: To ensure that your proposal
receives consideration, it must be
submitted to the Department no later
than December 31, 2008. The
Department would like to turn over
ownership and operation of the portal
by or about January 15, 2009.
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]]>Agencies
[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Notices]
[Pages 72777-72779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28166]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 09-C0001]
IKEA North American Services, LLC, 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 Federal Hazardous Substances
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 IKEA North American Services, LLC, a corporation,
containing a civil penalty of $500,000.00.
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 December 16, 2008.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 09-C0001, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: Belinda V. Bell, Trial Attorney,
Office of Compliance and Field Operations, Consumer Product Safety
Commission, 4330 East West Highway, Bethesda, Maryland 20814-4408;
telephone (301) 504-7592.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: November 21, 2008.
Todd A. Stevenson,
Secretary.
United States of America Consumer Product Safety Commission
[CPSC Docket No. 09-C0001]
In the Matter of IKEA North America Services, LLC, a Corporation
Settlement Agreement
1. This Settlement Agreement (``Agreement'') is made by and between
the staff (``staff'') of the U.S. Consumer Product Safety Commission
(``Commission'') and IKEA North America Services, LLC (``IKEA''), 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 Agreement and the
incorporated attached Order (``Order'') resolve the staffs allegations
set forth below.
The Parties
2. The Commission is an independent federal regulatory agency
established pursuant to, and responsible for the enforcement of the
CPSA, 15 U.S.C. 2051-2089.
3. IKEA is a corporation organized and existing under the laws of
the State of Delaware, with its principal corporate office located in
Conshohocken, PA.
4. At all times relevant herein, IKEA designed, manufactured and
sold outdoor candles, including those that are the subject of the
Agreement and Order.
Staff Allegations
5. Between February 2001 and July 2005, IKEA manufactured and sold
approximately 133,000 sets of outdoor candles (6 candles per set),
under the style names of Angar and Samlas, at IKEA stores in the United
States for about $4.00 per set (``candles'' or ``products''). The firm
also sold 1.3 million candle sets internationally.
6. The candles are ``consumer product(s)'' and, at all times
relevant herein, IKEA was a ``manufacturer,'' and ``retailer'' of
``consumer product(s),'' which were ``distributed in commerce'' as
those terms are defined or used in sections 3(a)(5), (8), (11) and (13)
of the CPSA, 15 U.S.C. 2052(a)(5), (8), (11) and (13).
7. The candles are defective because: (1) The candle's flame can
unexpectedly flare up, causing the entire top surface of the candle to
ignite and spread flames beyond the container; (2) even in non-flare up
situations, if a consumer attempts to extinguish a burning candle by
blowing or dousing it with water, the candle's wax can spatter and burn
the consumer's face; and (3) the product fails to provide adequate
warning notice regarding the above mentioned hazards. These defects
pose fire and burn hazards to consumers.
[[Page 72778]]
8. Between July 2001 and March 2006, IKEA received approximately 32
worldwide reports of incidents in which the candles unexpectedly flared
up and/or consumers were spattered with hot candle wax. The firm is
aware of 13 reports of property damage and at least 12 injuries to
consumers.
9. Despite being aware of the information set forth in paragraphs 7
and 8 above, IKEA did not report to the Commission until March 2006,
after the Commission had opened its own investigation and requested
IKEA to report.
10. Although IKEA had obtained sufficient information to reasonably
support the conclusion that the candles contained a defect which could
create a substantial product hazard, or created an unreasonable risk of
serious injury or death, it failed to immediately inform the Commission
of such defect or risk as required by sections 1 5(b)(3) and (4) of the
CPSA, 15 U.S.C. 2064(b)(3) and (4). In failing to do so, IKEA
``knowingly'' violated section l9(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).
11. Pursuant to section 20 of the CPSA, 15 U.S.C. 2069, IKEA is
subject to civil penalties for its failure to report as required under
section 15(b) of the CPSA, 15 U.S.C. 2064(b).
Response of IKEA
12. IKEA denies the allegations of the staff that the candles
contain a defect which could create a substantial product hazard, or
create an unreasonable risk of serious injury or death, and denies that
it violated the reporting requirements of Section 15(b) of the CPSA, 15
U.S.C. 2064(b).
Agreement of the Parties
13. Under the CPSA, the Commission has jurisdiction over this
matter and over IKEA.
14. In settlement of the staff's allegations, IKEA agrees to pay a
civil penalty of five hundred thousand dollars ($500,000.00), within
twenty (20) calendar days of receiving service of the Commission's
Final Order accepting the Agreement. This payment shall be made by
check to the order of the United States Treasury.
15. The parties enter the Agreement for settlement purposes only.
The Agreement does not constitute an admission by IKEA or a
determination by the Commission that IKEA violated the CPSA's reporting
requirements.
16. Upon provisional acceptance of the Agreement by the Commission,
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 requests not
to accept the Agreement within 15 calendar days, the Agreement shall be
deemed finally accepted on the 16th calendar day after the date it is
published in the Federal Register, in accordance with 16 CFR
1118.20(1).
17. Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, IKEA 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 Commission's actions; (iii) a determination
by the Commission as to whether IKEA failed to comply with the CPSA and
the underlying regulations; (iv) a statement of findings of fact and
conclusions of law; and (v) any claims under the Equal Access to
Justice Act.
18. The Commission may publicize the terms of the Agreement and
Order.
19. The Agreement and Order shall apply to, and be binding upon
IKEA and each of its successors and assigns.
20. The Commission's Order in this matter is issued under the
provisions of the CPSA, and a violation of the Order may subject those
referenced in paragraph 19 above to appropriate legal action.
21. This Agreement may be used in interpreting the Order.
Agreements, understandings, representations, or interpretations apart
from those contained in the Agreement and Order may not be used to vary
or to contradict their terms.
22. The Agreement shall not be waived, 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 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 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 IKEA agree that severing the
provision materially affects the purpose of the Agreement and Order.
IKEA North America Services, LLC
Sept. 19, 2008.
By: Krister Hard af Segerstad,
Manager, Product Safety & Compliance, IKEA North America Services, LLC,
420 Alan Wood Road, Conshohocken, PA 19428.
Sept. 19, 2008.
By: Rob Olson,
Chief Financial Officer, IKEA North America Services, LLC, 420 Alan
Wood Road, Conshohocken, PA 19428.
U.S. Consumer Product Safety Commission
Cheryl Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Division of Compliance, Office of the
General Counsel.
Nov. 21, 2008.
By: Belinda V. Bell,
Trial Attorney, Division of Compliance, Office of the General Counsel.
United States of America, Consumer Product Safety Commission.
[CPSC Docket No. 09-C0001]
In the Matter of Ikea North America Services, LLC
Order
Upon consideration of the Settlement Agreement entered into between
IKEA North America Services, LLC (``IKEA'') and the U.S. Consumer
Product Safety Commission (``Commission'') staff, and the Commission
having jurisdiction over the subject matter and over IKEA, and it
appearing that the Settlement Agreement and order are in the public
interest, it is
Ordered that the Settlement Agreement be, and hereby is, accepted
and it is
Further Ordered that IKEA shall pay a civil penalty in the amount
of five hundred thousand dollars ($500,000.00), within twenty (20)
calendar days of service of the Commission's final Order accepting the
Settlement Agreement. The payment shall be made by check payable to the
order of the United States Treasury. Upon the failure of IKEA to make
the foregoing payment when due, interest on the unpaid amount shall
accrue and. be paid by IKEA 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 21st day
of November, 2008.
[[Page 72779]]
By Order of the Commission.
Todd A. Stevenson,
Secretary, Consumer Product Safety Commission.
[FR Doc. E8-28166 Filed 11-28-08; 8:45 am]
BILLING CODE 6355-01-M
