Hill Sportswear, Inc., Provisional Acceptance of a Settlement Agreement and Order, 46574-46576 [E9-21763]
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46574
Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices
20230; by telephone at (202) 482–4949
or via electronic mail at
broadbandmapping@ntia.doc.gov.
Information about the State Broadband
Data and Development Grant Program
can also be obtained electronically via
the Internet at https://
www.broadbandusa.gov/
broadband_mapping.htm.
SUPPLEMENTARY INFORMATION: On July 8,
2009, NTIA published a Notice of Funds
Availability (NOFA) in the Federal
Register to announce the availability of
funds for the State Broadband Data and
Development Grant Program pursuant to
the authority provided in the American
Recovery and Reinvestment Act of 2009
(Recovery Act), Public Law 111–5, 123
Stat. 115 (2009), and the Broadband
Data Improvement Act (BDIA), Title I,
Public Law 110–385, 122 Stat. 4096
(2008).1 In the NOFA, NTIA provided
that the period of performance for
awards under the Program would be five
years from the date of award.2
NTIA’s highest priority with respect
to this Program is to facilitate the
development and maintenance of a
national broadband map. The Agency
seeks to develop the map in such a way
that encourages continually improved
data collection efforts while maintaining
fiscal responsibility, resulting in a map
that meets the requirements of Congress
and the needs of all stakeholders,
including policymakers and consumers.
To that end, NTIA has determined that
it will at this time fund mapping and
data collection efforts for two years and
will assess lessons learned, determine
best practices, and investigate
opportunities for improved data
collection prior to obligating funding for
subsequent years. NTIA now clarifies
that the initial period of performance for
funds allocated to Broadband Mapping
purposes will be two (2) years from the
date of award and any subsequent
funding will be subject to and
contingent upon the agency’s review of
program priorities and the availability of
funds.
NTIA will review and negotiate
awards based on the five-year budget
that applicants have already submitted.
In light of this clarification, however,
NTIA will allow an applicant to submit
a new budget on SF 424A reflecting any
revisions necessary for the first two
years of the award period (2009–2010,
2010–2011). Any revised budget must
be submitted no later than 11:59 p.m. on
September 15, 2009, through the online
1 State Broadband Data and Development Grant
Program, Notice of Funds Availability and
Solicitation of Applications, 74 FR 32545 (July 8,
2009) (NOFA).
2 74 FR 32550.
VerDate Nov<24>2008
15:13 Sep 09, 2009
Jkt 217001
Grants.gov system. NTIA requests that
Applicants also submit a courtesy copy
to broadbandmapping@ntia.doc.gov.
The period of performance for funds
allocated to Broadband Planning
purposes will remain five (5) years from
the date of award. All other
requirements provided in the Notice
published on July 8, 2009, remain
unchanged.
Dated: September 4, 2009.
Lawrence E. Strickling,
Assistant Secretary for Communications and
Information.
[FR Doc. E9–21797 Filed 9–9–09; 8:45 am]
BILLING CODE 3560–60–P
wish to make oral statements should
inform Commissioner Sommers in
writing at the foregoing address at least
three business days before the meeting.
Reasonable provision will be made, if
time permits, for oral presentations of
no more than five minutes each in
duration.
For further information concerning
this meeting, please contact Andrew
Morton at 202–418–5030.
Issued by the Commission in Washington,
DC on September 4, 2009.
David A. Stawick,
Secretary of the Commission.
[FR Doc. E9–21856 Filed 9–9–09; 8:45 am]
BILLING CODE P
COMMODITY FUTURES TRADING
COMMISSION
Global Markets Advisory Committee
Meeting
The Commission’s Global Markets
Advisory Committee will conduct a
public meeting on September 30, 2009.
The meeting will take place in the first
floor hearing room of the Commission’s
Washington, DC headquarters, Three
Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581 from 1 p.m. to 5
p.m. There will also be a live broadcast
of the meeting via webcast. To view the
live webcast from a desktop PC with
Internet access go to https://
www.cftc.gov.
The purpose of the meeting is to
discuss global markets issues related to
the Commission’s regulatory
responsibilities. The meeting will be
chaired by Commissioner Jill Sommers
who is Chairman of the Global Markets
Advisory Committee.
The agenda will consist of the
following:
• Opening Remarks from
Commissioners/Introduction of GMAC
Members.
• Update on IOSCO Issues.
• Bankruptcy Issues—CFTC/UK FSA/
Lehman Brothers.
• Overview of Treasury Proposal to
Regulate OTC Derivatives/CFTC
Legislative Language.
• Presentation by UK FSA on OTC
Derivatives.
• New Business.
The meeting is open to the public.
Any member of the public who wishes
to file a written statement with the
committee should mail a copy of the
statement to the attention of: Global
Markets Advisory Committee, c/o
Commissioner Jill Sommers, Three
Lafayette Centre, 1155 21st Street NW.,
Washington, DC 20581, before the
meeting. Members of the public who
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CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 09–C0034]
Hill Sportswear, 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 Hill
Sportswear, Inc., containing a civil
penalty of $100,000.00. Commissioner
Nancy Nord issued a statement that is
available on the Commission’s Web site,
https://www.cpsc.gov.
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 September
25, 2009.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 09–C0034, 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 and Renee K.
Haslett, Trial Attorney, (same address);
telephone (301) 504–7673.
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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices
The text of
the Agreement and Order appears
below.
SUPPLEMENTARY INFORMATION:
Dated: September 3, 2009.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR.
1118.20, Hill Sportswear, Inc. (‘‘Hill’’)
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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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. Hill is a corporation organized and
existing under the laws of California,
with its principal offices located in
Paramount, California. At all times
relevant hereto, Hill sold apparel.
Staff Allegations
4. From 2003 through 2008, Hill
manufactured, held for sale, and/or sold
children’s hooded pullover and zipper
sweatshirts with drawstrings at the
neck, style numbers HK008 and HK009
(collectively, ‘‘Sweatshirts’’).
5. Hill sold Sweatshirts to retailers.
6. The Sweatshirts are ‘‘consumer
product[s],’’ and, at all times relevant
hereto, Hill 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.
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15:13 Sep 09, 2009
Jkt 217001
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. In November 2008, a three-year
old boy reportedly strangled to death
when his Sweatshirt’s drawstring
became stuck on a playground slide.
11. Hill’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. On February 12, 2009, the
Commission announced Hill’s recall of
the Sweatshirts.
13. Hill had presumed and 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). Hill 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 Hill to immediately inform the
Commission of the defect and risk.
14. Hill 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 Hill to civil penalties.
Hill’s Responsive Allegations
15. Hill denies the Staff’s allegations
that Hill knowingly violated the CPSA
and denies the other allegations above,
including, but not limited to, the
allegations that Hill had actual
knowledge (i) that the Sweatshirts posed
a strangulation risk; (ii) that the
Sweatshirts presented a substantial risk
of injury to children; and (iii) that Hill
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46575
failed to immediately inform the
Commission about the Sweatshirts. Hill
further denies the Staff’s allegations that
Hill obtained information that
reasonably supported the conclusion
that the Sweatshirts contained a defect
that could create a substantial product
hazard or an unreasonable risk of
serious injury or death. To the contrary,
Hill alleges that as soon as it had actual
notice of the Commission’s guidelines,
it promptly complied with all such
guidelines.
Agreement of the Parties
16. Under the CPSA, the Commission
has jurisdiction over this matter and
over Hill.
17. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Hill, or a determination by
the Commission, that Hill knowingly
violated the CPSA.
18. In settlement of the Staff’s
allegations, Hill shall pay a civil penalty
in the amount of one hundred thousand
dollars ($100,000.00). The civil penalty
shall be paid in four (4) installments as
follows: $25,000.00 shall be paid within
twenty (20) calendar days of service of
the Commission’s final Order accepting
the Agreement; $25,000.00 shall be paid
within one hundred twenty (120)
calendar days of service of the
Commission’s final Order accepting the
Agreement; $25,000.00 shall be paid
within two hundred forty (240) calendar
days of service of the Commission’s
final Order accepting the Agreement;
and $25,000.00 shall be paid within
three hundred sixty-five (365) calendar
days of service of the Commission’s
final Order accepting the Agreement.
Each payment shall be made 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, Hill
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
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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Notices
contest of the validity of the Order or of
the Commission’s actions; (3) a
determination by the Commission of
whether Hill 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,
Hill 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 Hill
and each of its successors and assigns 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 Hill agree
that severing the provision materially
affects the purpose of the Agreement
and the Order.
Seth B. Popkin,
Lead Trial Attorney,
Renee K. Haslett,
Trial Attorney, Division of Compliance,
Office of the General Counsel.
Order
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Upon consideration of the Settlement
Agreement entered into between Hill
Sportswear, Inc. (‘‘Hill’’) and the U.S.
Consumer Product Safety Commission
(‘‘Commission’’) staff, and the
Commission having jurisdiction over
the subject matter and over Hill, 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 Hill shall pay a
civil penalty in the amount of one
hundred thousand dollars
($100,000.00). The civil penalty shall be
paid in four (4) installments as follows:
$25,000.00 shall be paid within twenty
(20) calendar days of service of the
Commission’s final Order accepting the
Agreement; $25,000.00 shall be paid
within one hundred twenty (120)
calendar days of service of the
Commission’s final Order accepting the
Agreement; $25,000.00 shall be paid
within two hundred forty (240) calendar
days of service of the Commission’s
final Order accepting the Agreement;
and $25,000.00 shall be paid within
three hundred sixty-five (365) calendar
days of service of the Commission’s
final Order accepting the Agreement.
Each payment shall be made by check
payable to the order of the United States
Treasury. Upon the failure of Hill to
Hill Sportswear, Inc.
make any of the foregoing payments
Dated: August 6, 2009.
when due, the total amount of the civil
By: lllllllllllllllllll penalty shall become immediately due
and payable, and interest on the unpaid
Young Min Park, President,
Hill Sportswear, Inc.,
amount shall accrue and be paid by Hill
16250 Gundry Avenue,
at the Federal legal rate of interest set
Paramount, CA 90723.
forth at 28 U.S.C. 1961(a) and (b).
Dated: August 10, 2009.
By: lllllllllllllllllll
Michael D. McCaffrey, Esq.,
Law Offices of Michael D. McCaffrey,
2030 Main Street, Suite 1200,
Irvine, CA 92614–7256,
Counsel for Hill Sportswear, Inc.
U.S. Consumer Product Safety Commission
Staff
Cheryl A. Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Office of the
General Counsel.
Dated: August 12, 2009.
By: lllllllllllllllllll
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15:13 Sep 09, 2009
Jkt 217001
Provisionally accepted and provisional
Order issued on the 3rd day of September
2009.
By Order of the Commission:
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. E9–21763 Filed 9–9–09; 8:45 am]
BILLING CODE 6355–01–P
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CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 09–C0033]
Kohl’s Department Stores, 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 Kohl’s
Department Stores, Inc., containing a
civil penalty of $425,000.00.
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 September
25, 2009.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 09–C0033, 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: September 3, 2009.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Kohl’s Department Stores, Inc.
(‘‘Kohl’s’’) 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
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]]>Agencies
[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Notices]
[Pages 46574-46576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21763]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 09-C0034]
Hill Sportswear, 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
Hill Sportswear, Inc., containing a civil penalty of $100,000.00.
Commissioner Nancy Nord issued a statement that is available on the
Commission's Web site, https://www.cpsc.gov.
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 September 25, 2009.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 09-C0034, 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 and Renee K. Haslett, Trial Attorney,
(same address); telephone (301) 504-7673.
[[Page 46575]]
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: September 3, 2009.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR. 1118.20, Hill Sportswear, Inc.
(``Hill'') 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. Hill is a corporation organized and existing under the laws of
California, with its principal offices located in Paramount,
California. At all times relevant hereto, Hill sold apparel.
Staff Allegations
4. From 2003 through 2008, Hill manufactured, held for sale, and/or
sold children's hooded pullover and zipper sweatshirts with drawstrings
at the neck, style numbers HK008 and HK009 (collectively,
``Sweatshirts'').
5. Hill sold Sweatshirts to retailers.
6. The Sweatshirts are ``consumer product[s],'' and, at all times
relevant hereto, Hill 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.
10. In November 2008, a three-year old boy reportedly strangled to
death when his Sweatshirt's drawstring became stuck on a playground
slide.
11. Hill'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. On February 12, 2009, the Commission announced Hill's recall of
the Sweatshirts.
13. Hill had presumed and 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). Hill 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 Hill to immediately
inform the Commission of the defect and risk.
14. Hill 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 Hill to civil penalties.
Hill's Responsive Allegations
15. Hill denies the Staff's allegations that Hill knowingly
violated the CPSA and denies the other allegations above, including,
but not limited to, the allegations that Hill had actual knowledge (i)
that the Sweatshirts posed a strangulation risk; (ii) that the
Sweatshirts presented a substantial risk of injury to children; and
(iii) that Hill failed to immediately inform the Commission about the
Sweatshirts. Hill further denies the Staff's allegations that Hill
obtained information that reasonably supported the conclusion that the
Sweatshirts contained a defect that could create a substantial product
hazard or an unreasonable risk of serious injury or death. To the
contrary, Hill alleges that as soon as it had actual notice of the
Commission's guidelines, it promptly complied with all such guidelines.
Agreement of the Parties
16. Under the CPSA, the Commission has jurisdiction over this
matter and over Hill.
17. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by Hill, or a
determination by the Commission, that Hill knowingly violated the CPSA.
18. In settlement of the Staff's allegations, Hill shall pay a
civil penalty in the amount of one hundred thousand dollars
($100,000.00). The civil penalty shall be paid in four (4) installments
as follows: $25,000.00 shall be paid within twenty (20) calendar days
of service of the Commission's final Order accepting the Agreement;
$25,000.00 shall be paid within one hundred twenty (120) calendar days
of service of the Commission's final Order accepting the Agreement;
$25,000.00 shall be paid within two hundred forty (240) calendar days
of service of the Commission's final Order accepting the Agreement; and
$25,000.00 shall be paid within three hundred sixty-five (365) calendar
days of service of the Commission's final Order accepting the
Agreement. Each payment shall be made 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, Hill 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
[[Page 46576]]
contest of the validity of the Order or of the Commission's actions;
(3) a determination by the Commission of whether Hill 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, Hill 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 Hill and each of its
successors and assigns 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 Hill agree that severing the provision materially affects the
purpose of the Agreement and the Order.
Hill Sportswear, Inc.
Dated: August 6, 2009.
By:--------------------------------------------------------------------
Young Min Park, President,
Hill Sportswear, Inc.,
16250 Gundry Avenue,
Paramount, CA 90723.
Dated: August 10, 2009.
By:--------------------------------------------------------------------
Michael D. McCaffrey, Esq.,
Law Offices of Michael D. McCaffrey,
2030 Main Street, Suite 1200,
Irvine, CA 92614-7256,
Counsel for Hill Sportswear, Inc.
U.S. Consumer Product Safety Commission Staff
Cheryl A. Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Office of the General Counsel.
Dated: August 12, 2009.
By:--------------------------------------------------------------------
Seth B. Popkin,
Lead Trial Attorney,
Renee K. Haslett,
Trial Attorney, Division of Compliance, Office of the General
Counsel.
Order
Upon consideration of the Settlement Agreement entered into between
Hill Sportswear, Inc. (``Hill'') and the U.S. Consumer Product Safety
Commission (``Commission'') staff, and the Commission having
jurisdiction over the subject matter and over Hill, 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 Hill shall pay a civil penalty in the amount
of one hundred thousand dollars ($100,000.00). The civil penalty shall
be paid in four (4) installments as follows: $25,000.00 shall be paid
within twenty (20) calendar days of service of the Commission's final
Order accepting the Agreement; $25,000.00 shall be paid within one
hundred twenty (120) calendar days of service of the Commission's final
Order accepting the Agreement; $25,000.00 shall be paid within two
hundred forty (240) calendar days of service of the Commission's final
Order accepting the Agreement; and $25,000.00 shall be paid within
three hundred sixty-five (365) calendar days of service of the
Commission's final Order accepting the Agreement. Each payment shall be
made by check payable to the order of the United States Treasury. Upon
the failure of Hill 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
Hill 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 3rd
day of September 2009.
By Order of the Commission:
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-21763 Filed 9-9-09; 8:45 am]
BILLING CODE 6355-01-P
