Lasko Products Inc., Provisional Acceptance of a Settlement Agreement and Order, 3993-3995 [E9-755]
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Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices
fishery. In the case of Bering Sea flatfish
fisheries, seasons have been cut short by
the halibut bycatch cap before the
quotas have been reached. Accurately
accounting for halibut in NMFS
estimates of mortality and assuring that
each halibut returned to the sea has the
highest possible chance of survival are
therefore high priorities for the IPHC’s,
the Council’s, and NMFS’s management
goals for both halibut and groundfish.
Before halibut are discarded at–sea,
the catch must first be estimated by at–
sea observers. In order to credibly
account for halibut catch and to ensure
that the catch and discard of halibut is
observed, NMFS prohibits any removal
of halibut from a cod end, bin, or
conveyance system prior to being
observed and enumerated by an at–sea
observer.
With the implementation of
Amendment 80 to the FMP on
September 14, 2007 (72 FR 52668),
allocation of halibut was modified for
certain vessels, but halibut bycatch
continued to limit fishing in some
fisheries. The Amendment 80 sector
received an initial allocation of 2,525 mt
of halibut bycatch mortality, but that
allocation will decrease by 50 mt per
year until it reaches 2,325 mt in 2012
and subsequent years. In certain years,
this amount is less than the sector’s
historic catch; therefore, finding ways to
accurately estimate halibut survival is
important for this sector.
This application for an EFP from
NPFF proposes to study two methods
for predicting halibut survival. It would
allow researchers onboard a catcher
processor vessel to collect
approximately 100 halibut caught with
non–pelagic trawl gear and evaluate a
reflex action mortality predictor (RAMP)
for predicting delayed mortality in
individual trawl–caught halibut. The
RAMP method would be combined with
and compared to the existing IPHC
halibut mortality predictor currently
used by observers. To assess and
compare these two methods, halibut
would be held in live tanks on a vessel
and assessed by each method. The
collection and holding of halibut in this
manner requires an exemption from
regulations that prohibit retention of
halibut by trawl gear, and requiring that
all halibut caught with this gear be
released as soon as possible
(§ 679.7(a)(12), and § 679.21(b)(2)(ii)).
This EFP would apply for the period
of time required to complete the
experiment during 2009, in areas open
to directed fishing for flatfish. It would
be of limited scope and duration and
would not be expected to change the
nature or duration of the groundfish
fishery, fishing practices or gear used by
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14:47 Jan 21, 2009
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this vessel, or the amount or species of
fish caught.
The activities that would be
conducted under this EFP are not
expected to have a significant impact on
the human environment as detailed in
the categorical exclusion issued for this
action (see ADDRESSES).
In accordance with § 679.6, NMFS has
determined that the proposal warrants
further consideration and has forwarded
the application to the Council to initiate
consultation. The Council will consider
the EFP application during its February
4–10, 2009, meeting, which will be held
at the Renaissance Hotel in Seattle,
Washington. The applicant has been
invited to appear in support of the
application.
Public Comments
Interested persons may comment on
the application at the February 2009
Council meeting during public
testimony. Information regarding the
meeting is available at the Council’s
website at https://www.fakr.noaa.gov/
npfmc/council.htm. Copies of the
application and categorical exclusion
are available for review from NMFS (see
ADDRESSES).
Authority: 16 U.S.C. 1801 et seq.
Dated: January 15, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E9–1184 Filed 1–21–09; 8:45 am]
BILLING CODE 3510–22–S
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 09–C0003]
Lasko Products 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 Lasko
Products Inc., 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 February
5, 2009.
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3993
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 09–C0003, 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, Division
of Compliance, Office of the General
Counsel, 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: January 9, 2009.
Todd A. Stevenson,
Secretary.
United States of America
Consumer Product Safety Commission
In the Matter of Lasko Products Inc.,
a corporation
[CPSC Docket No. 09–C0003]
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 Lasko Products
Inc. (‘‘Lasko’’), 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. Lasko is a corporation organized
and existing under the laws of the
Commonwealth of Pennsylvania, with
its principal corporate office located in
West Chester, Pennsylvania.
4. At all times relevant herein, Lasko
designed, manufactured and sold
portable electric fans, including those
that are the subject of the Agreement
and Order.
Staff Allegations
5. Between 1999 and 2001, Lasko
manufactured and distributed
approximately 5.6 million of the subject
portable electric fans under the
following brand names and model
numbers: Lasko 2135, 3300, 3400, 3410,
3510, 3515, 3521,3550, 3700, 3723,
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Federal Register / Vol. 74, No. 13 / Thursday, January 22, 2009 / Notices
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3733, 3750, 3800; Galaxy 3733; General
Electric 106600, 106620, 106630; and
Air King 9500, and 9515, (collectively,
‘‘fans’’ or ‘‘products’’). The fans were
sold from 2000 through 2004, by
distributors and in retail stores
nationwide, for between $10 and $25.
6. The fans are ‘‘consumer product(s)’’
and, at all times relevant herein, Lasko
was a ‘‘manufacturer’’ of ‘‘consumer
product(s),’’ which were ‘‘distributed in
commerce’’ as those terms are defined
or used in sections 3(a)(3), (5), (8), and
(11) of the CPSA, 15 U.S.C. 2052(a)(3),
(5), (8), and (11).
7. The fans are defective because it is
possible for an internal short to occur in
the motor windings of some of the fans,
which may cause the fans to overheat,
smoke and/or catch fire, thereby
presenting a substantial product hazard
to consumers.
8. Between November 2002 and
September 2005, Lasko received
approximately forty two (42) reports of
incidents involving certain fans
overheating, smoking, melting or
catching fire, which caused property
damage and at least nine (9) personal
injuries. Lasko filed its Initial Report on
July 13, 2005 and filed its Full Report
on September 2, 2005. The fans were
recalled on February 8, 2006.
9. Although Lasko had obtained
sufficient information to reasonably
support the conclusion that the fans
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 15(b)(3) and (4) of
the CPSA, 15 U.S.C. 2064(b)(3) and (4).
In failing to do so, Lasko ‘‘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).
10. Pursuant to section 20 of the
CPSA, 15 U.S.C. 2069, Lasko 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 Lasko
11. In the spring and early summer of
2005, Lasko received notice of a number
of claims and/or received certain
products for inspection that indicated a
potential pattern of failure that had not
been seen prior to that time.
12. The number and the nature of
incidents or claims reported to Lasko
prior to the summer of 2005 was
insufficient to indicate any specific
failure mode, pattern of failure or to
reasonably support the conclusion that
the fans contained a defect which could
create a substantial product hazard, or
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14:47 Jan 21, 2009
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created an unreasonable risk of serious
injury or death.
13. Lasko immediately commenced an
investigation and provided the
Commission with an Initial Report, in a
timely manner, on July 13, 2005.
14. Lasko specifically denies that it
failed to immediately inform the
Commission of any defect or risk as
required by sections 15(b)(3) and (4) of
the CPSA, 15 U.S.C. 2064(b)(3) and (4).
Lasko further denies that it in any way
or ‘‘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).
Agreement of the Parties
15. Under the CPSA, the Commission
has jurisdiction over this matter and
over Lasko.
16. In settlement of the staff’s
allegations, Lasko 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 payable to the order of the
United States Treasury and mailed to
Cheryl Falvey, General Counsel, Office
of the General Counsel, U.S. Consumer
Product Safety Commission, 4330 East
West Highway, Bethesda, MD 20814.
17. The parties enter the Agreement
for settlement purposes only. The
Agreement does not constitute an
admission by Lasko or a determination
by the Commission that Lasko violated
the CPSA’s reporting requirements.
18. 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(f).
19. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, Lasko
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 Lasko failed to comply with
the CPSA and the underlying
regulations; (iv) a statement of findings
of fact and conclusions of law; and (v)
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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 Lasko
and each of its successors and assigns.
22. 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 21 above to appropriate legal
action.
23. This Agreement may be used in
interpreting the Order. Agreements,
understandings, representations, or
interpretations made apart from those
contained in the Agreement and Order
may not be used to vary or to contradict
their terms.
24. 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.
25. 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 the 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 Lasko agree
that severing the provision materially
affects the purpose of the Agreement
and Order.
Lasko Products, Inc.
Dated: 12/11/08.
By: Bradford M. Brush, General Counsel,
Lasko Products, Inc., 820 Lincoln Avenue,
West Chester, PA 19380.
Dated: 12/10/08.
By: Neil A. Goldberg, Esquire, 665 Main
Street, Suite 400, Buffalo, NY 14203, Counsel
for Lasko Products, Inc.
U.S. Consumer Product Safety Commission
Cheryl Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Division of
Compliance, Office of the General Counsel.
Dated: 12/16/08.
By: Belinda V. Bell, Trial Attorney, Division
of Compliance, Office of the General Counsel.
United States of America
Consumer Product Safety Commission
In the Matter of Lasko Products Inc.
[CPSC Docket No. 09–C0003]
Order
Upon consideration of the Settlement
Agreement entered into between Lasko
Products Inc. (‘‘Lasko’’) and the U.S.
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Consumer Product Safety Commission
(‘‘Commission’’) staff, and the
Commission having jurisdiction over
the subject matter and over Lasko, 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 Lasko 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 Lasko to make the
foregoing payment when due, interest
on the unpaid amount shall accrue and
be paid by Lasko 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 9th day
of January 2009.
By Order of the Commission.
Todd A. Stevenson,
Secretary,
Consumer Product Safety Commission.
[FR Doc. E9–755 Filed 1–21–09; 8:45 am]
BILLING CODE 6355–01–M
DEPARTMENT OF DEFENSE
DEPARTMENT OF ENERGY
ENVIRONMENTAL PROTECTION
AGENCY
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DOD–2009–OS–0003]
Privacy Act of 1974; System of
Records
AGENCY: Defense Finance and
Accounting Service, DoD.
ACTION: Notice to amend a system of
records.
SUMMARY: The Defense Finance and
Accounting Service is proposing to
amend a system of records notice in its
existing inventory of record systems
subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended.
DATES: The proposed action will be
effective without further notice on
February 23, 2009 unless comments are
received which would result in a
contrary determination.
ADDRESSES: Defense Finance and
Accounting Service, Freedom of
Information Act/Privacy Act Program
Manager, 8899 E. 56th Street,
Indianapolis, IN 46249–0150.
FOR FURTHER INFORMATION CONTACT: Ms.
Linda Krabbenhoft at (303) 589–3510.
SUPPLEMENTARY INFORMATION: The
Defense Finance and Accounting
Service’s system of record notices
subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, have been
published in the Federal Register and
are available from the address above.
The specific changes to the record
system being amended are set forth
below followed by the notice, as
amended, published in its entirety. The
proposed amendment is not within the
purview of subsection (r) of the Privacy
Act of 1974 (5 U.S.C. 552a), as amended,
which requires the submission of new
or altered systems reports.
Dated: January 13, 2009.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
NUCLEAR REGULATORY
COMMISSION
[Docket No. EPA–HQ–OAR–2006–0957]
T7901a
Multi-Agency Radiation Survey and
Assessment of Materials and
Equipment Manual
SYSTEM NAME:
Standard Negotiable Instrument
Processing System (June 4, 2007, 72 FR
30786).
rmajette on PRODPC74 with NOTICES
Correction
In notice document E9–975 beginning
on page 2998 in the issue of Friday,
January 16, 2008, the docket number
should read as set forth above.
[FR Doc. Z9–975 Filed 1–21–09; 8:45 am]
14:47 Jan 21, 2009
*
*
*
*
*
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Delete entry and replace with ‘‘In
addition to those disclosures generally
permitted under 5 U.S.C. 552a(b) of the
Privacy Act, these records or
BILLING CODE 1505–01–D
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CHANGES:
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3995
information contained therein may
specifically be disclosed outside the
DoD as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
To the U.S. Department of the
Treasury to provide information on
check issues and electronic funds
transfers.
To Federal Reserve banks to distribute
payments made through the direct
deposit system to financial
organizations or their processing agents
authorized by individuals to receive and
deposit payments in their accounts.
The DoD ‘Blanket Routine Uses’
published at the beginning of the DFAS
compilation of systems of records
notices apply to this system.’’
*
*
*
*
*
SAFEGUARDS:
Delete entry and replace with
‘‘Records are stored in an office building
protected by guards, controlled
screening, use of visitor registers,
electronic access, and/or locks. Access
to records is limited to individuals who
are properly screened and cleared on a
need to know basis in the performance
of their duties. Passwords and digital
signatures are used to control access to
the system data, and procedures are in
place to deter and detect browsing and
unauthorized access. Physical and
electronic access are limited to persons
responsible for servicing and authorized
to use the system.’’
RETENTION AND DISPOSAL:
Delete entry and replace with
‘‘Records may be temporary in nature
and deleted when actions are
completed, superseded, obsolete, or no
longer needed. Other records may be cut
off at the end of the payroll year, or
destroyed up to 6 years and 3 months
after cutoff. Records are destroyed by
degaussing.’’
NOTIFICATION PROCEDURE:
Delete entry and replace with
‘‘Individuals seeking to determine
whether information about themselves
is contained in this system of records
should address inquiries to Defense
Finance and Accounting Service,
Freedom of Information/Privacy Act
Program Manager, Corporate
Communications and Legislative
Liaison, 8899 E. 56th Street,
Indianapolis, IN 46249–1050.
Written requests should contain
individual’s full name, Social Security
Number (SSN), current address and
telephone number.’’
RECORD ACCESS PROCEDURES:
Delete entry and replace with
‘‘Individuals seeking access to
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]]>Agencies
[Federal Register Volume 74, Number 13 (Thursday, January 22, 2009)]
[Notices]
[Pages 3993-3995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-755]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 09-C0003]
Lasko Products 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
Lasko Products Inc., 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 February 5, 2009.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 09-C0003, 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,
Division of Compliance, Office of the General Counsel, 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: January 9, 2009.
Todd A. Stevenson,
Secretary.
United States of America
Consumer Product Safety Commission
In the Matter of Lasko Products Inc., a corporation
[CPSC Docket No. 09-C0003]
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 Lasko Products Inc. (``Lasko''), 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. Lasko is a corporation organized and existing under the laws of
the Commonwealth of Pennsylvania, with its principal corporate office
located in West Chester, Pennsylvania.
4. At all times relevant herein, Lasko designed, manufactured and
sold portable electric fans, including those that are the subject of
the Agreement and Order.
Staff Allegations
5. Between 1999 and 2001, Lasko manufactured and distributed
approximately 5.6 million of the subject portable electric fans under
the following brand names and model numbers: Lasko 2135, 3300, 3400,
3410, 3510, 3515, 3521,3550, 3700, 3723,
[[Page 3994]]
3733, 3750, 3800; Galaxy 3733; General Electric 106600, 106620, 106630;
and Air King 9500, and 9515, (collectively, ``fans'' or ``products'').
The fans were sold from 2000 through 2004, by distributors and in
retail stores nationwide, for between $10 and $25.
6. The fans are ``consumer product(s)'' and, at all times relevant
herein, Lasko was a ``manufacturer'' of ``consumer product(s),'' which
were ``distributed in commerce'' as those terms are defined or used in
sections 3(a)(3), (5), (8), and (11) of the CPSA, 15 U.S.C. 2052(a)(3),
(5), (8), and (11).
7. The fans are defective because it is possible for an internal
short to occur in the motor windings of some of the fans, which may
cause the fans to overheat, smoke and/or catch fire, thereby presenting
a substantial product hazard to consumers.
8. Between November 2002 and September 2005, Lasko received
approximately forty two (42) reports of incidents involving certain
fans overheating, smoking, melting or catching fire, which caused
property damage and at least nine (9) personal injuries. Lasko filed
its Initial Report on July 13, 2005 and filed its Full Report on
September 2, 2005. The fans were recalled on February 8, 2006.
9. Although Lasko had obtained sufficient information to reasonably
support the conclusion that the fans 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 15(b)(3) and (4) of the
CPSA, 15 U.S.C. 2064(b)(3) and (4). In failing to do so, Lasko
``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).
10. Pursuant to section 20 of the CPSA, 15 U.S.C. 2069, Lasko 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 Lasko
11. In the spring and early summer of 2005, Lasko received notice
of a number of claims and/or received certain products for inspection
that indicated a potential pattern of failure that had not been seen
prior to that time.
12. The number and the nature of incidents or claims reported to
Lasko prior to the summer of 2005 was insufficient to indicate any
specific failure mode, pattern of failure or to reasonably support the
conclusion that the fans contained a defect which could create a
substantial product hazard, or created an unreasonable risk of serious
injury or death.
13. Lasko immediately commenced an investigation and provided the
Commission with an Initial Report, in a timely manner, on July 13,
2005.
14. Lasko specifically denies that it failed to immediately inform
the Commission of any defect or risk as required by sections 15(b)(3)
and (4) of the CPSA, 15 U.S.C. 2064(b)(3) and (4). Lasko further denies
that it in any way or ``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).
Agreement of the Parties
15. Under the CPSA, the Commission has jurisdiction over this
matter and over Lasko.
16. In settlement of the staff's allegations, Lasko 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 payable to the order of the United States Treasury and mailed to
Cheryl Falvey, General Counsel, Office of the General Counsel, U.S.
Consumer Product Safety Commission, 4330 East West Highway, Bethesda,
MD 20814.
17. The parties enter the Agreement for settlement purposes only.
The Agreement does not constitute an admission by Lasko or a
determination by the Commission that Lasko violated the CPSA's
reporting requirements.
18. 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(f).
19. Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, Lasko 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 Lasko 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.
20. The Commission may publicize the terms of the Agreement and
Order.
21. The Agreement and Order shall apply to, and be binding upon
Lasko and each of its successors and assigns.
22. 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 21 above to appropriate legal action.
23. This Agreement may be used in interpreting the Order.
Agreements, understandings, representations, or interpretations made
apart from those contained in the Agreement and Order may not be used
to vary or to contradict their terms.
24. 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.
25. 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 the 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 Lasko agree that severing
the provision materially affects the purpose of the Agreement and
Order.
Lasko Products, Inc.
Dated: 12/11/08.
By: Bradford M. Brush, General Counsel, Lasko Products, Inc., 820
Lincoln Avenue, West Chester, PA 19380.
Dated: 12/10/08.
By: Neil A. Goldberg, Esquire, 665 Main Street, Suite 400, Buffalo,
NY 14203, Counsel for Lasko Products, Inc.
U.S. Consumer Product Safety Commission
Cheryl Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Division of Compliance, Office of the
General Counsel.
Dated: 12/16/08.
By: Belinda V. Bell, Trial Attorney, Division of Compliance, Office
of the General Counsel.
United States of America
Consumer Product Safety Commission
In the Matter of Lasko Products Inc.
[CPSC Docket No. 09-C0003]
Order
Upon consideration of the Settlement Agreement entered into between
Lasko Products Inc. (``Lasko'') and the U.S.
[[Page 3995]]
Consumer Product Safety Commission (``Commission'') staff, and the
Commission having jurisdiction over the subject matter and over Lasko,
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 Lasko 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 Lasko to make
the foregoing payment when due, interest on the unpaid amount shall
accrue and be paid by Lasko 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 9th day
of January 2009.
By Order of the Commission.
Todd A. Stevenson,
Secretary,
Consumer Product Safety Commission.
[FR Doc. E9-755 Filed 1-21-09; 8:45 am]
BILLING CODE 6355-01-M
