Concord Buying Group, Inc., d/b/a A.J. Wright, Provisional Acceptance of a Settlement Agreement and Order, 17662-17664 [E9-8725]

Download as PDF 17662 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 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. 29. 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 T.J. Maxx agree that severing the provision materially affects the purpose of the Agreement and the Order. mstockstill on PROD1PC66 with NOTICES The TJX Companies, Inc., d/b/a T.J. Maxx. Dated: March 2, 2009. By: Ann McCauley, Exec. Vice President, General Counsel, and Secretary. The TJX Companies, Inc., d/b/a T.J. Maxx, 770 Cochituate Road, Framingham, MA 01701. Dated: March 3, 2009. By: Eric A. Rubel, Esq., Arnold & Porter LLP, 555 12th Street, NW., Washington, DC 20004–1206. Counsel for The TJX Companies, Inc., d/b/a T.J. Maxx. U.S. Consumer Product Safety Commission Staff. Cheryl A. Falvey, General Counsel. Ronald G. Yelenik, Assistant General Counsel, Division of Compliance, Office of the General Counsel. Dated: March 6, 2009. By: Seth B. Popkin, Lead Trial Attorney, Division of Compliance, Office of the General Counsel. Order Upon consideration of the Settlement Agreement entered into between The TJX Companies, Inc., d/b/a T.J. Maxx (‘‘T.J. Maxx’’) and the U.S. Consumer Product Safety Commission (‘‘Commission’’) staff, and the Commission having jurisdiction over the subject matter and over T.J. Maxx, 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 T.J. Maxx shall pay a civil penalty in the amount of three hundred fifteen thousand dollars ($315,000.00) within twenty (20) calendar days of service of the Commission’s final Order accepting the Agreement. The payment shall be made VerDate Nov<24>2008 16:47 Apr 15, 2009 Jkt 217001 by check payable to the order of the United States Treasury. Upon the failure of T.J. Maxx to make the foregoing payment when due, interest on the unpaid amount shall accrue and be paid by T.J. Maxx 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. E9–8726 Filed 4–15–09; 8:45 am] BILLING CODE 6355–01–P CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. 09–C0007] Concord Buying Group, Inc., d/b/a A.J. Wright, 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 Concord Buying Group, Inc., d/b/a A.J. Wright, 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. Persons wishing to comment on this Settlement Agreement should send written comments to the Comment 09–C0007, Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Room 502, Bethesda, Maryland 20814– 4408. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Seth B. Popkin, Lead Trial Attorney, Division of Compliance, Office of the General Counsel, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814–4408; telephone (301) 504–7612. The text of the Agreement and Order appears below. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 Dated: April 9, 2009. Todd A. Stevenson, Secretary. Settlement Agreement 1. In accordance with 16 CFR 1118.20, Concord Buying Group, Inc., d/b/a A.J. Wright (‘‘A.J. Wright’’) 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. A.J. Wright is a corporation organized and existing under the laws of New Hampshire, with its principal offices located in Framingham, Massachusetts. At all times relevant hereto, A.J. Wright sold apparel. Staff Allegations 4. From August to November, 2007, A.J. Wright held for sale and/or sold various quantities of the following children’s upper outerwear products with drawstrings at the hood or neck: Scope Imports boys’ hooded sweatshirts; Raw Blue sweatshirts; and Kidz World Inc. High Energy USA boys’ sweatshirts (collectively referred to herein as ‘‘Sweatshirts’’). These Sweatshirts’ identifications correspond to and are coextensive with information A.J. Wright reported to the Staff about the Sweatshirts. 5. A.J. Wright sold Sweatshirts to consumers. 6. The Sweatshirts are ‘‘consumer product[s],’’ and, at all times relevant hereto, A.J. Wright was a ‘‘retailer’’ of those consumer products, which were ‘‘distributed in commerce,’’ as those terms are defined in CPSA sections 3(a)(5), (8), and (13), 15 U.S.C. 2052(a)(5), (8), and (13). 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. E:\FR\FM\16APN1.SGM 16APN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 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. A.J. Wright informed the Commission that there had been no incidents or injuries from the Sweatshirts. 11. A.J. Wright’s distribution in commerce of the Sweatshirts did not meet the Guidelines or ASTM F1816– 97, failed to comport with the Staff’s May 2006 defect notice, and posed a strangulation hazard to children. 12. After distribution in commerce, recalls were announced regarding the Sweatshirts. 13. A.J. Wright had presumed an actual knowledge that the Sweatshirts distributed in commerce posed a strangulation hazard and presented a substantial risk of injury to children under FHSA section 15(c)(1), 15 U.S.C. 1274(c)(1). A.J. Wright had obtained information that reasonably supported the conclusion that the Sweatshirts contained a defect that could create a substantial product hazard or that they created an unreasonable risk of serious injury or death. CPSA sections 15(b)(3) and (4), 15 U.S.C. 2064(b)(3) and (4), required A.J. Wright to immediately inform the Commission of the defect and risk. 14. A.J. Wright knowingly failed to immediately inform the Commission about the Sweatshirts 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 A.J. Wright to civil penalties. VerDate Nov<24>2008 16:47 Apr 15, 2009 Jkt 217001 A.J. Wright’s Response 15. A.J. Wright denies the Staff’s allegations set forth above, including, but not limited to, any allegation that A.J. Wright failed timely to notify the Commission in accordance with section 15 of the CPSA. 16. A.J. Wright requires that its vendors represent and warrant that all products sold to A.J. Wright comply with all applicable regulations, standards and requirements. 17. A.J. Wright promptly notified the Commission pursuant to section 15 of the CPSA without first being contacted by the Commission upon verifying that certain garments contained drawstrings at the hood or neck. 18. A.J. Wright fully cooperated with the Commission in providing information necessary for the Commission to determine, with the vendor, whether a recall was warranted and whether the vendor had sold affected garments to any other retailers. 19. A.J. Wright has entered into the Agreement for settlement purposes only, to avoid incurring additional expenses and the distraction of litigation. The Agreement and Order do not constitute and are not evidence of any fault or wrongdoing by A.J. Wright. Agreement of the Parties 20. Under the CPSA, the Commission has jurisdiction over this matter and over A.J. Wright. 21. The parties enter into the Agreement for settlement purposes only. The Agreement does not constitute an admission by A.J. Wright, or a determination by the Commission, that A.J. Wright knowingly violated the CPSA. 22. In settlement of the Staff’s allegations, A.J. Wright shall pay a civil penalty in the amount of seventy thousand dollars ($70,000.00) within twenty (20) calendar days of service of the Commission’s final Order accepting the Agreement. The payment shall be by check payable to the order of the United States Treasury. 23. 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. 24. Upon the Commission’s final acceptance of the Agreement and PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 17663 issuance of the final Order, A.J. Wright knowingly, voluntarily, and completely waives any rights it may have in this matter to the following: (1) An administrative or judicial hearing; (2) judicial review or other challenge or contest of the validity of the Order or of the Commission’s actions; (3) a determination by the Commission of whether A.J. Wright 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. 25. The Commission may publicize the terms of the Agreement and the Order. 26. The Agreement and the Order shall apply to, and be binding upon, A.J. Wright and each of its successors and assigns. 27. The Commission issues the Order under the provisions of the CPSA, and violation of the Order may subject A.J. Wright to appropriate legal action. 28. 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. 29. 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 A.J. Wright agree that severing the provision materially affects the purpose of the Agreement and the Order. Concord Buying Group, Inc., d/b/a A.J. Wright. Dated: March 2, 2009. By: Ann McCauley, Secretary, Concord Buying Group, Inc., d/b/ a A.J. Wright, 770 Cochituate Road, Framingham, MA 01701. Dated: March 3, 2009. By: Eric A. Rubel, Esq., Arnold & Porter LLP, 555 12th Street, NW., Washington, DC 20004–1206, Counsel for Concord Buying Group, Inc., d/b/a A.J. Wright. U.S. Consumer Product Safety Commission Staff. Cheryl A. Falvey, E:\FR\FM\16APN1.SGM 16APN1 17664 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices General Counsel. Ronald G. Yelenik, Assistant General Counsel, Division of Compliance, Office of the General Counsel. Dated: March 6, 2009. By: Seth B. Popkin, Lead Trial Attorney, Division of Compliance, Office of the General Counsel. Order Upon consideration of the Settlement Agreement entered into between Concord Buying Group, Inc., d/b/a A.J. Wright (‘‘A.J. Wright’’) and the U.S. Consumer Product Safety Commission (‘‘Commission’’) staff, and the Commission having jurisdiction over the subject matter and over A.J. Wright, 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 A.J. Wright shall pay a civil penalty in the amount of seventy thousand dollars ($70,000.00) within twenty (20) calendar days of service of the Commission’s final Order accepting the Agreement. The payment shall be made by check payable to the order of the United States Treasury. Upon the failure of A.J. Wright to make the foregoing payment when due, interest on the unpaid amount shall accrue and be paid by A.J. Wright 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. E9–8725 Filed 4–15–09; 8:45 am] BILLING CODE 6355–01–P ACTION: Notice of request for an extension to an existing OMB clearance (9000–0130). considered to have been mined, produced, or manufactured outside the United States. SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR), Regulatory Secretariat will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate. The clearance currently expires on June 30, 2009. Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology. DATES: Submit comments on or before June 15, 2009. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden to the General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW., Room 4041, Washington, DC 20405. FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Contract Policy Division, GSA, (202) 208–6925. SUPPLEMENTARY INFORMATION: B. Annual Reporting Burden Respondents: 1,140. Responses Per Respondent: 5. Annual Responses: 5,700. Hours per Response: .167. Total Burden Hours: 666. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (VPR), Room 4041, Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. 9000–0130, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate, in all correspondence. A. Purpose DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION mstockstill on PROD1PC66 with NOTICES [OMB Control No. 9000–0130] Federal Acquisition Regulation; Information Collection; Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). VerDate Nov<24>2008 16:47 Apr 15, 2009 Jkt 217001 Under the Free Trade Agreements Acts of 1979, unless specifically exempted by statute or regulation, agencies are required to evaluate offers over a certain dollar limitation to supply an eligible product without regard to the restrictions of the Buy American Act or the Balance of Payments program. Offerors identify excluded end products and FTA end products on this certificate. The contracting officer uses the information to identify the offered items which are domestic and FTA country end products so as to give these products a preference during the evaluation of offers. Items having components of unknown origin are PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Dated: April 9, 2009. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E9–8779 Filed 4–15–09; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE Office of the Secretary of Defense [Docket ID: USAF–2009–0025] Privacy Act of 1974; System of Records AGENCY: Department of the Air Force, DoD. ACTION: Notice to delete a system of records. SUMMARY: The Department of the Air Force proposes to delete a system of records to its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: The changes will be effective on May 18, 2009 unless comments are received that would result in a contrary determination. ADDRESSES: Send comments to the Air Force Privacy Act Officer, Office of Warfighting Integration and Chief Information Officer, SAF/XCPPI, 1800 Air Force Pentagon, Suite 220, Washington, DC 20330–1800. FOR FURTHER INFORMATION CONTACT: Mr. Ben Swilley at (703) 696–6648. SUPPLEMENTARY INFORMATION: The Department of the Air Force systems of records 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 Department of the Air Force proposes to delete a system of records notice in its inventory of record systems E:\FR\FM\16APN1.SGM 16APN1

Agencies

Consumer Product Safety Commission

[Federal Register Volume 74, Number 72 (Thursday, April 16, 2009)]
[Notices]
[Pages 17662-17664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8725]


-----------------------------------------------------------------------

CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 09-C0007]


Concord Buying Group, Inc., d/b/a A.J. Wright, 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 
Concord Buying Group, Inc., d/b/a A.J. Wright, 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-C0007, Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Room 502, Bethesda, Maryland 20814-4408.

FOR FURTHER INFORMATION CONTACT: Seth B. Popkin, Lead Trial Attorney, 
Division of Compliance, Office of the General Counsel, Consumer Product 
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-
4408; telephone (301) 504-7612.

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, Concord Buying Group, Inc., 
d/b/a A.J. Wright (``A.J. Wright'') 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. A.J. Wright is a corporation organized and existing under the 
laws of New Hampshire, with its principal offices located in 
Framingham, Massachusetts. At all times relevant hereto, A.J. Wright 
sold apparel.

Staff Allegations

    4. From August to November, 2007, A.J. Wright held for sale and/or 
sold various quantities of the following children's upper outerwear 
products with drawstrings at the hood or neck: Scope Imports boys' 
hooded sweatshirts; Raw Blue sweatshirts; and Kidz World Inc. High 
Energy USA boys' sweatshirts (collectively referred to herein as 
``Sweatshirts''). These Sweatshirts' identifications correspond to and 
are coextensive with information A.J. Wright reported to the Staff 
about the Sweatshirts.
    5. A.J. Wright sold Sweatshirts to consumers.
    6. The Sweatshirts are ``consumer product[s],'' and, at all times 
relevant hereto, A.J. Wright was a ``retailer'' of those consumer 
products, which were ``distributed in commerce,'' as those terms are 
defined in CPSA sections 3(a)(5), (8), and (13), 15 U.S.C. 2052(a)(5), 
(8), and (13).
    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.

[[Page 17663]]

    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. A.J. Wright informed the Commission that there had been no 
incidents or injuries from the Sweatshirts.
    11. A.J. Wright's distribution in commerce of the Sweatshirts did 
not meet the Guidelines or ASTM F1816-97, failed to comport with the 
Staff's May 2006 defect notice, and posed a strangulation hazard to 
children.
    12. After distribution in commerce, recalls were announced 
regarding the Sweatshirts.
    13. A.J. Wright had presumed an actual knowledge that the 
Sweatshirts distributed in commerce posed a strangulation hazard and 
presented a substantial risk of injury to children under FHSA section 
15(c)(1), 15 U.S.C. 1274(c)(1). A.J. Wright had obtained information 
that reasonably supported the conclusion that the Sweatshirts contained 
a defect that could create a substantial product hazard or that they 
created an unreasonable risk of serious injury or death. CPSA sections 
15(b)(3) and (4), 15 U.S.C. 2064(b)(3) and (4), required A.J. Wright to 
immediately inform the Commission of the defect and risk.
    14. A.J. Wright knowingly failed to immediately inform the 
Commission about the Sweatshirts 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 A.J. Wright to civil 
penalties.

A.J. Wright's Response

    15. A.J. Wright denies the Staff's allegations set forth above, 
including, but not limited to, any allegation that A.J. Wright failed 
timely to notify the Commission in accordance with section 15 of the 
CPSA.
    16. A.J. Wright requires that its vendors represent and warrant 
that all products sold to A.J. Wright comply with all applicable 
regulations, standards and requirements.
    17. A.J. Wright promptly notified the Commission pursuant to 
section 15 of the CPSA without first being contacted by the Commission 
upon verifying that certain garments contained drawstrings at the hood 
or neck.
    18. A.J. Wright fully cooperated with the Commission in providing 
information necessary for the Commission to determine, with the vendor, 
whether a recall was warranted and whether the vendor had sold affected 
garments to any other retailers.
    19. A.J. Wright has entered into the Agreement for settlement 
purposes only, to avoid incurring additional expenses and the 
distraction of litigation. The Agreement and Order do not constitute 
and are not evidence of any fault or wrongdoing by A.J. Wright.

Agreement of the Parties

    20. Under the CPSA, the Commission has jurisdiction over this 
matter and over A.J. Wright.
    21. The parties enter into the Agreement for settlement purposes 
only. The Agreement does not constitute an admission by A.J. Wright, or 
a determination by the Commission, that A.J. Wright knowingly violated 
the CPSA.
    22. In settlement of the Staff's allegations, A.J. Wright shall pay 
a civil penalty in the amount of seventy thousand dollars ($70,000.00) 
within twenty (20) calendar days of service of the Commission's final 
Order accepting the Agreement. The payment shall be by check payable to 
the order of the United States Treasury.
    23. 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.
    24. Upon the Commission's final acceptance of the Agreement and 
issuance of the final Order, A.J. Wright knowingly, voluntarily, and 
completely waives any rights it may have in this matter to the 
following: (1) An administrative or judicial hearing; (2) judicial 
review or other challenge or contest of the validity of the Order or of 
the Commission's actions; (3) a determination by the Commission of 
whether A.J. Wright 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.
    25. The Commission may publicize the terms of the Agreement and the 
Order.
    26. The Agreement and the Order shall apply to, and be binding 
upon, A.J. Wright and each of its successors and assigns.
    27. The Commission issues the Order under the provisions of the 
CPSA, and violation of the Order may subject A.J. Wright to appropriate 
legal action.
    28. 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.
    29. 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 A.J. Wright agree that severing the provision materially affects 
the purpose of the Agreement and the Order.

Concord Buying Group, Inc., d/b/a A.J. Wright.

    Dated: March 2, 2009.
    By:

Ann McCauley,
Secretary, Concord Buying Group, Inc., d/b/a A.J. Wright, 770 
Cochituate Road, Framingham, MA 01701.

Dated: March 3, 2009.
By:

Eric A. Rubel, Esq.,
Arnold & Porter LLP, 555 12th Street, NW., Washington, DC 20004-
1206, Counsel for Concord Buying Group, Inc., d/b/a A.J. Wright.

U.S. Consumer Product Safety Commission Staff.

Cheryl A. Falvey,

[[Page 17664]]

General Counsel.

Ronald G. Yelenik,
Assistant General Counsel, Division of Compliance, Office of the 
General Counsel.

    Dated: March 6, 2009.
    By:

Seth B. Popkin,
Lead Trial Attorney, Division of Compliance, Office of the General 
Counsel.

Order

    Upon consideration of the Settlement Agreement entered into between 
Concord Buying Group, Inc., d/b/a A.J. Wright (``A.J. Wright'') and the 
U.S. Consumer Product Safety Commission (``Commission'') staff, and the 
Commission having jurisdiction over the subject matter and over A.J. 
Wright, 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 A.J. Wright shall pay a civil penalty in the 
amount of seventy thousand dollars ($70,000.00) within twenty (20) 
calendar days of service of the Commission's final Order accepting the 
Agreement. The payment shall be made by check payable to the order of 
the United States Treasury. Upon the failure of A.J. Wright to make the 
foregoing payment when due, interest on the unpaid amount shall accrue 
and be paid by A.J. Wright 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. E9-8725 Filed 4-15-09; 8:45 am]
BILLING CODE 6355-01-P

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