Urgent Gear, Inc., Provisional Acceptance of a Settlement Agreement and Order, 17645-17647 [E9-8701]
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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices
Secretary, U.S. Consumer Product Safety
Commission.
unless the Commission and Seventy
Two agree that severing the provision
materially affects the purpose of the
Agreement and the Order.
[FR Doc. E9–8705 Filed 4–15–09; 8:45 am]
BILLING CODE 6355–01–M
mstockstill on PROD1PC66 with NOTICES
SEVENTY TWO, INC.
Dated: March 3, 2009
By:
Chiu Fai Yeung,
Chief Executive Officer Seventy Two, Inc. 227
S. Sixth Avenue La Puente, CA 91746.
U.S. CONSUMER PRODUCT SAFETY
COMMISSION.
Cheryl A. Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel Office of the
General Counsel.
Dated: March 3, 2009.
By:
Dennis C. Kacoyanis,
Trial Attorney, Division of Compliance,
Office of the General Counsel.
Order
Upon consideration of the Settlement
Agreement entered into between
Seventy Two, Inc., and the U.S.
Consumer Product Safety Commission
(‘‘Commission’’) staff, and the
Commission having jurisdiction over
the subject matter and over Seventy
Two, 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, Seventy Two shall
pay a civil penalty in the amount of
twenty-five thousand dollars
($25,000.00) in three (3) installments as
follows: The first installment payment
of $8,334.00 shall be paid within twenty
(20) calendar days of service of the
Commission’s final Order accepting the
Agreement; the second installment
payment of $8,333.00 shall be paid
within one (1) year of service of the
Commission’s final Order accepting the
Agreement; and the third installment of
$8,333.00 shall be paid within two (2)
years of service of the Commission’s
final Order accepting the Agreement.
Each installment payment shall be made
by check payable to the order of the
United States Treasury. Upon the failure
of Seventy Two to make any of the
foregoing payments when due, the total
amount of the civil penalty shall
become immediately due and payable
and interest on the unpaid amount shall
accrue and be paid by Seventy Two 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 8th day of April, 2009.
By Order of the Commission.
Todd A. Stevenson,
VerDate Nov<24>2008
16:47 Apr 15, 2009
Jkt 217001
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 09–C0012]
Urgent Gear, 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 Urgent Gear,
Inc., containing a civil penalty of
$35,000.00.
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 1,
2009.
Persons wishing to
comment on this Settlement Agreement
should send written comments to
Comment 09–C0012, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Dennis C. Kacoyanis, Trial Attorney,
Division of Compliance, Office of the
General Counsel, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, Maryland 20814–
4408; telephone (301) 504–7587.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
ADDRESSES:
Dated: April 9, 2009.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Urgent Gear, Inc. (‘‘Urgent Gear’’) 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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Fmt 4703
Sfmt 4703
17645
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. 2051–2089
(‘‘CPSA’’).
3. Urgent Gear is a corporation
organized and existing under the laws of
the State of California, with its principal
offices located in Los Angeles, CA. At
all times relevant hereto, Urgent Gear
imported and sold apparel.
Staff Allegations
4. Urgent Gear imported about 700
Micros boy’s hooded jackets drawstrings
(‘‘Drawstring Jackets’’).
5. From October through December
2007, Urgent Gear sold the Drawstring
Jackets to a nationwide retailer.
6. The Drawstring Jackets are
‘‘consumer product[s],’’ and, at all times
relevant hereto, Urgent Gear was a
‘‘manufacturer’’ of those consumer
products, which were ‘‘distributed in
commerce,’’ as those terms are defined
in CPSA sections 3(a)(5), (8), and (11),
15 U.S.C. 2052(a)(5), (8), and (11).
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
and 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 F1816–97,
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 F1816–97. 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.
E:\FR\FM\16APN1.SGM
16APN1
17646
Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices
10. Urgent Gear reported to the
Commission there had been no
incidents or injuries from the
Drawstring Jackets.
11. Urgent Gear’s distribution in
commerce of the Drawstring Jackets 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 March 11, 2008, the
Commission and Urgent Gear
announced a recall of the Drawstring
Jackets. The recall informed consumers
that they should immediately remove
the drawstrings to eliminate the hazard.
13. Urgent Gear had presumed and
actual knowledge that the Drawstring
Jackets 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). Urgent Gear had obtained
information that reasonably supported
the conclusion that the Drawstring
Jackets 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)(3) and (4), 15 U.S.C. 2064(b)(3)
and (4), required Urgent Gear to
immediately inform the Commission of
the defect and risk.
14. Urgent Gear knowingly failed to
immediately inform the Commission
about the Drawstring Jackets as required
by CPSA sections 15(b)(3) and (4), 15
U.S.C. 2064(b)(3) and (4), 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 Urgent Gear to civil penalties.
mstockstill on PROD1PC66 with NOTICES
Urgent Gear Response
15. Urgent Gear denies the Staff’s
allegations that Urgent Gear violated the
CPSA.
Agreement of the Parties
16. Under the CPSA, the Commission
has jurisdiction over this matter and
over Urgent Gear.
17. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Urgent Gear, or a
determination by the Commission, that
Urgent Gear has knowingly violated the
CPSA.
18. In settlement of the Staff’s
allegations, Urgent Gear shall pay a civil
penalty in the amount of thirty-five
thousand dollars ($35,000.00) in four (4)
installment payments as follows: The
first installment payment of eight
thousand seven hundred-fifty dollars
VerDate Nov<24>2008
16:47 Apr 15, 2009
Jkt 217001
($8,750.00) shall be paid within twenty
(20) calendar days of service of the
Commission’s final Order accepting the
Agreement; the second installment
payment of eight thousand seven
hundred-fifty dollars ($8,750.00) shall
be paid within four (4) months of
service of the Commission’s final Order
accepting the Agreement; the third
installment payment of eight thousand
seven hundred-fifty dollars ($8,750.00)
shall be paid within eight (8) months of
the Commission’s final Order accepting
the Agreement; and the fourth
installment payment of eight thousand
seven hundred-fifty dollars ($8,750.00)
shall be paid within twelve (12) months
of the Commission’s final Order
accepting the Agreement. The 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, Urgent Gear
knowingly, voluntarily, and completely
waives any rights it may have regarding
the Staff’s allegations 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 Urgent Gear
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,
Urgent Gear 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
Urgent Gear 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
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
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
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 Urgent Gear
agree that severing the provision
materially affects the purpose of the
Agreement and the Order.
Urgent Gear, Inc.
Dated: November 5, 2008.
By:
Bob Roofian,
CEO, Urgent Gear, Inc., 728 E. Commercial
Street, Los Angeles, CA 90012.
Dated: November 5, 2008.
By:
Barry E. Powell, Esquire,
Grunfeld, Desiderio, Lebowitz, Silverman &
Klestadt, LLP, Attorneys for Urgent Gear, Inc.,
707 Wilshire Boulevard, Suite 4150, Los
Angeles, CA 90017.
U.S. Consumer Product Safety Commission.
Cheryl A. Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Division of
Compliance, Office of the General Counsel.
Dated: November 5, 2008.
By:
Dennis C. Kacoyanis,
Trial Attorney, Division of Compliance,
Office of the General Counsel.
Order
Upon consideration of the Settlement
Agreement entered into between Urgent
Gear, Inc. (‘‘Urgent Gear’’) and the U.S.
Consumer Product Safety Commission
(‘‘Commission’’) staff, and the
Commission having jurisdiction over
the subject matter and over Urgent Gear,
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 Urgent Gear shall
pay a civil penalty in the amount of
thirty-five thousand dollars ($35,000.00)
in four (4) installment payments as
follows: The first installment payment
of eight thousand seven hundred-fifty
dollars ($8,750.00) shall be paid within
twenty (20) calendar days of service of
the Commission’s final Order accepting
the Agreement; the second installment
payment of eight thousand seven
E:\FR\FM\16APN1.SGM
16APN1
Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices
hundred-fifty dollars ($8,750.00) shall
be paid within four (4) months of
service of the Commission’s final Order
accepting the Agreement; the third
installment payment of eight thousand
seven hundred-fifty dollars ($8,750.00)
shall be paid within eight (8) months of
the Commission’s final Order accepting
the Agreement; and the fourth
installment payment of eight thousand
seven hundred-fifty dollars ($8,750.00)
shall be paid within twelve (12) months
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 Urgent Gear to make
the foregoing payment when due,
interest on the unpaid amount shall
accrue and be paid by Urgent Gear 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 8th day of April, 2009.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. E9–8701 Filed 4–15–09; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 09–C0010]
Orioxi International Corporation,
Provisional Acceptance of a
Settlement Agreement and Order
mstockstill on PROD1PC66 with NOTICES
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 Orioxi
International Corporation, containing a
civil penalty of $70,000.00.
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 1,
2009.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 09–C0010, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814–
4408.
16:47 Apr 15, 2009
Jkt 217001
Dated: April 9, 2009.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Orioxi International Corporation
(‘‘Orioxi’’) 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.
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. 2051–2089
(‘‘CPSA’’).
3. Orioxi is a corporation organized
and existing under the laws of
California, with its principal offices
located in Brea, California. At all times
relevant hereto, Orioxi imported and
sold apparel.
Staff Allegations
AGENCY: Consumer Product Safety
Commission.
ACTION: Notice.
VerDate Nov<24>2008
FOR FURTHER INFORMATION CONTACT:
Renee K. Haslett, Trial Attorney,
Division of Compliance, Office of the
General Counsel, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, Maryland 20814–
4408; telephone (301) 504–7673.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
4. From at least September 2005 to
June 2008, Orioxi imported and/or
distributed in commerce children’s
hooded sweatshirts and jackets with
drawstrings at the hood or neck, which
were later recalled on August 28, 2008
(‘‘Garments’’).
5. A retailer sold the Garments to
consumers.
6. The Garments are ‘‘consumer
product[s],’’ and, at all times relevant
hereto, Orioxi was a ‘‘manufacturer’’ of
those consumer products, which were
‘‘distributed in commerce,’’ as those
terms are defined in CPSA sections
3(a)(5), (8), and (11), 15 U.S.C.
2052(a)(5), (8), and (11).
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
and 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
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
17647
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 F1816–97,
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 F1816–97. 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. Orioxi informed the Commission
that there had been no incidents or
injuries from the Garments.
11. Orioxi’s distribution in commerce
of the Garments 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 August 28, 2008, the
Commission, in cooperation with
Orioxi, announced a recall of the
Garments.
13. Orioxi had presumed an actual
knowledge that the Garments
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). Orioxi had obtained
information that reasonably supported
the conclusion that the Garments
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)(3)
and (4), 15 U.S.C. 2064(b)(3) and (4),
required Orioxi to immediately inform
the Commission of the defect and risk.
14. Orioxi knowingly failed to
immediately inform the Commission
about the Garments as required by CPSA
sections 15(b)(3) and (4), 15 U.S.C.
2064(b)(3) and (4), 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 Orioxi to civil penalties.
E:\FR\FM\16APN1.SGM
16APN1
Agencies
[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Notices]
[Pages 17645-17647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8701]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 09-C0012]
Urgent Gear, 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
Urgent Gear, Inc., containing a civil penalty of $35,000.00.
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 1, 2009.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to Comment 09-C0012, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 502, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: Dennis C. Kacoyanis, Trial Attorney,
Division of Compliance, Office of the General Counsel, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-
4408; telephone (301) 504-7587.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: April 9, 2009.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20, Urgent Gear, Inc. (``Urgent
Gear'') 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.
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. 2051-2089 (``CPSA'').
3. Urgent Gear is a corporation organized and existing under the
laws of the State of California, with its principal offices located in
Los Angeles, CA. At all times relevant hereto, Urgent Gear imported and
sold apparel.
Staff Allegations
4. Urgent Gear imported about 700 Micros boy's hooded jackets
drawstrings (``Drawstring Jackets'').
5. From October through December 2007, Urgent Gear sold the
Drawstring Jackets to a nationwide retailer.
6. The Drawstring Jackets are ``consumer product[s],'' and, at all
times relevant hereto, Urgent Gear was a ``manufacturer'' of those
consumer products, which were ``distributed in commerce,'' as those
terms are defined in CPSA sections 3(a)(5), (8), and (11), 15 U.S.C.
2052(a)(5), (8), and (11).
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 and 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 F1816-97,
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 F1816-97. 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.
[[Page 17646]]
10. Urgent Gear reported to the Commission there had been no
incidents or injuries from the Drawstring Jackets.
11. Urgent Gear's distribution in commerce of the Drawstring
Jackets 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 March 11, 2008, the Commission and Urgent Gear announced a
recall of the Drawstring Jackets. The recall informed consumers that
they should immediately remove the drawstrings to eliminate the hazard.
13. Urgent Gear had presumed and actual knowledge that the
Drawstring Jackets 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). Urgent Gear had obtained
information that reasonably supported the conclusion that the
Drawstring Jackets 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)(3) and (4), 15 U.S.C. 2064(b)(3)
and (4), required Urgent Gear to immediately inform the Commission of
the defect and risk.
14. Urgent Gear knowingly failed to immediately inform the
Commission about the Drawstring Jackets as required by CPSA sections
15(b)(3) and (4), 15 U.S.C. 2064(b)(3) and (4), 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 Urgent Gear
to civil penalties.
Urgent Gear Response
15. Urgent Gear denies the Staff's allegations that Urgent Gear
violated the CPSA.
Agreement of the Parties
16. Under the CPSA, the Commission has jurisdiction over this
matter and over Urgent Gear.
17. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by Urgent Gear, or
a determination by the Commission, that Urgent Gear has knowingly
violated the CPSA.
18. In settlement of the Staff's allegations, Urgent Gear shall pay
a civil penalty in the amount of thirty-five thousand dollars
($35,000.00) in four (4) installment payments as follows: The first
installment payment of eight thousand seven hundred-fifty dollars
($8,750.00) shall be paid within twenty (20) calendar days of service
of the Commission's final Order accepting the Agreement; the second
installment payment of eight thousand seven hundred-fifty dollars
($8,750.00) shall be paid within four (4) months of service of the
Commission's final Order accepting the Agreement; the third installment
payment of eight thousand seven hundred-fifty dollars ($8,750.00) shall
be paid within eight (8) months of the Commission's final Order
accepting the Agreement; and the fourth installment payment of eight
thousand seven hundred-fifty dollars ($8,750.00) shall be paid within
twelve (12) months of the Commission's final Order accepting the
Agreement. The 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, Urgent Gear knowingly, voluntarily, and
completely waives any rights it may have regarding the Staff's
allegations 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 Urgent Gear 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, Urgent Gear 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 Urgent Gear 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 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 Urgent Gear agree that severing the provision materially affects
the purpose of the Agreement and the Order.
Urgent Gear, Inc.
Dated: November 5, 2008.
By:
Bob Roofian,
CEO, Urgent Gear, Inc., 728 E. Commercial Street, Los Angeles, CA
90012.
Dated: November 5, 2008.
By:
Barry E. Powell, Esquire,
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP, Attorneys
for Urgent Gear, Inc., 707 Wilshire Boulevard, Suite 4150, Los
Angeles, CA 90017.
U.S. Consumer Product Safety Commission.
Cheryl A. Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Division of Compliance, Office of the
General Counsel.
Dated: November 5, 2008.
By:
Dennis C. Kacoyanis,
Trial Attorney, Division of Compliance, Office of the General
Counsel.
Order
Upon consideration of the Settlement Agreement entered into between
Urgent Gear, Inc. (``Urgent Gear'') and the U.S. Consumer Product
Safety Commission (``Commission'') staff, and the Commission having
jurisdiction over the subject matter and over Urgent Gear, 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 Urgent Gear shall pay a civil penalty in the
amount of thirty-five thousand dollars ($35,000.00) in four (4)
installment payments as follows: The first installment payment of eight
thousand seven hundred-fifty dollars ($8,750.00) shall be paid within
twenty (20) calendar days of service of the Commission's final Order
accepting the Agreement; the second installment payment of eight
thousand seven
[[Page 17647]]
hundred-fifty dollars ($8,750.00) shall be paid within four (4) months
of service of the Commission's final Order accepting the Agreement; the
third installment payment of eight thousand seven hundred-fifty dollars
($8,750.00) shall be paid within eight (8) months of the Commission's
final Order accepting the Agreement; and the fourth installment payment
of eight thousand seven hundred-fifty dollars ($8,750.00) shall be paid
within twelve (12) months 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 Urgent Gear to make the
foregoing payment when due, interest on the unpaid amount shall accrue
and be paid by Urgent Gear 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 8th
day of April, 2009.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-8701 Filed 4-15-09; 8:45 am]
BILLING CODE 6355-01-P