Maran, Inc., Provisional Acceptance of a Settlement Agreement and Order, 47783-47785 [E9-22399]
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Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices
K.S. Trading and each of its successors
and assigns.
22. The Commission issues the Order
under the provisions of the CPSA, and
violation of the Order may subject those
referenced in paragraph 21 above to
appropriate legal action.
23. 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.
24. 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 K.S.
Trading agree that severing the
provision materially affects the purpose
of the Agreement and the Order.
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K.S. Trading Corporation
Dated: July 14, 2009.
Shin Auk Kang,
President and Chief Executive Officer, K.S.
Trading Corporation,
75 Knickerbocker Road, Moonachie, NJ
07074.
Dated: July 20, 2009.
Jay R. McDaniel, Esquire,
Counsel for Respondent K.S. Trading
Corporation, McDaniel & Chusid, LLP,
54 Main Street, Hackensack, NJ 07601–7007.
U.S. Consumer Product Safety Commission.
Cheryl A. Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Office of the
General Counsel.
Dated: July 21, 2009.
Dennis C. Kacoyanis,
Trial Attorney, Division of Compliance,
Office of the General Counsel.
Order
Upon consideration of the Settlement
Agreement entered into between K.S.
Trading Corporation (‘‘K.S. Trading’’)
and the U.S. Consumer Product Safety
Commission (‘‘Commission’’) staff, and
the Commission having jurisdiction
over the subject matter and over K.S.
Trading, 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
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Jkt 217001
Further ordered, that K.S. Trading
shall pay a civil penalty in the amount
of thirty-five thousand dollars
($35,000.00) 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. Upon the failure of K.S.
Trading to make the foregoing payment
when due, interest on the unpaid
amount shall accrue and be paid by K.S.
Trading 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 4th day of September
2009.
By order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. E9–22398 Filed 9–16–09; 8:45 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 09–C0035]
Maran, 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 Maran, Inc.,
containing a civil penalty of $50,000.00.
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 October 2,
2009.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to
Comment 09–C0035, 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.
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47783
The text of
the Agreement and Order appears
below.
SUPPLEMENTARY INFORMATION:
Dated: September 14, 2009.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Maran, Inc. (‘‘Maran’’) 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. Maran is a corporation organized
and existing under the laws of the State
of Delaware, with its principal offices
located in North Bergen, NJ. Maran is an
importer of apparel.
Staff Allegations
4. Maran imported about 6,000 girls’
corduroy jackets with pink hoods and
drawstrings (‘‘Drawstring Jackets’’).
From April 30, 2006 to May 25, 2006,
Maran imported the Drawstring Jackets
and sold them from January 27, 2007 to
January 29, 2009 to a major nationwide
retailer who in turn sold them to
consumers.
5. The Drawstring Jackets are
‘‘consumer product[s],’’ and, at all times
relevant hereto, Maran 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).
6. 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.
7. In June 1997, ASTM adopted a
voluntary standard, ASTM F1816–97,
which incorporated the Guidelines. The
Guidelines state that firms should be
aware of the hazards and should be sure
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47784
Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices
garments they sell conform to the
voluntary standard.
8. 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.
9. Maran reported to the Commission
there had been no incidents or injuries
involving Drawstring Jackets.
10. Maran’s manufacture and
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.
11. On May 15, 2008, the Commission
and Maran announced a recall of the
Drawstring Jackets. The recall informed
consumers that they should
immediately remove the drawstrings to
eliminate the hazard.
12. Maran 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). Maran 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 Maran to immediately
inform the Commission of the defect
and risk.
13. Maran 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 Maran to civil penalties.
Maran’s Response
14. Maran denies the Staff’s
allegations that Maran violated the
CPSA.
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14:35 Sep 16, 2009
Jkt 217001
Agreement of the Parties
15. Under the CPSA, the Commission
has jurisdiction over this matter and
over Maran.
16. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Maran, or a determination
by the Commission, that Maran has
knowingly violated the CPSA.
17. In settlement of the Staff’s
allegations, Maran shall pay a civil
penalty in the amount of fifty thousand
dollars ($50,000.00) 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.
18. 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.
19. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, Maran
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 Maran 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.
20. The Commission may publicize
the terms of the Agreement and the
Order.
21. The Agreement and the Order
shall apply to, and be binding upon,
Maran and each of its successors and
assigns.
22. The Commission issues the Order
under the provisions of the CPSA, and
violation of the Order may subject those
referenced in paragraph 21 above to
appropriate legal action.
23. 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
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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.
24. 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 Maran agree
that severing the provision materially
affects the purpose of the Agreement
and the Order.
Maran, Inc.
Dated: May 18, 2009
By: llllllllllllllll
David Greenberg,
President and Chief Executive Officer.
Maran, Inc., 4301–15 Tonnelle Avenue,
North Bergen, NJ 07407.
Dated: May 19, 2009
By: llllllllllllllll
Robert L. Mulligan III, Esquire,
Counsel for Respondent Maran, Inc.
126 State Street, Hackensack, NJ 07601.
U.S. Consumer Product Safety
Commission.
Cheryl A. Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Office of the
General Counsel.
Dated: 05/22/09
By: llllllllllllllll
Dennis C. Kacoyanis,
Trial Attorney, Division of Compliance.
Office of the General Counsel
Order
Upon consideration of the Settlement
Agreement entered into between Maran,
Inc. (‘‘Maran’’) and the U.S. Consumer
Product Safety Commission
(‘‘Commission’’) staff, and the
Commission having jurisdiction over
the subject matter and over Maran, 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 Maran shall pay
a civil penalty in the amount of fifty
thousand dollars ($50,000.00) 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
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Federal Register / Vol. 74, No. 179 / Thursday, September 17, 2009 / Notices
States Treasury. Upon the failure of
Maran to make the foregoing payment
when due, interest on the unpaid
amount shall accrue and be paid by
Maran 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 4th day
of September 2009.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product
Safety Commission.
[FR Doc. E9–22399 Filed 9–16–09; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2009–OS–0133]
Manual for Courts-Martial; Proposed
Amendments
cprice-sewell on DSK2BSOYB1PROD with NOTICES
AGENCY: Joint Service Committee on
Military Justice (JSC), DOD.
ACTION: Notice of Proposed
Amendments to the Manual for CourtsMartial, United States (2008 ed.) (MCM)
and Notice of Public Meeting.
SUMMARY: The Department of Defense is
considering recommending changes to
the Manual for Courts-Martial, United
States (2008 Edition) (MCM). The
proposed changes constitute the 2009
annual review required by the MCM and
DoD Directive 5500.17, ‘‘Role and
Responsibilities of the Joint Service
Committee (JSC) on Military Justice,’’
May 3, 2003 (DoD Directive 5500.17).
The proposed changes concern the rules
of procedure and evidence and the
punitive articles applicable in trials by
courts-martial. These proposed changes
have not been coordinated within the
Department of Defense under DoD
Directive 5500.1, ‘‘Preparation,
Processing and Coordinating
Legislation, Executive Orders,
Proclamations, Views Letters
Testimony,’’ June 15, 2007, and do not
constitute the official position of the
Department of Defense, the Military
Departments, or any other Government
agency.
This notice also sets forth the date,
time and location for the public meeting
of the JSC to discuss the proposed
changes.
This notice is provided in accordance
with DoD Directive 5500.17. This notice
is intended only to improve the internal
management of the Federal Government.
It is not intended to create any right or
benefit, substantive or procedural,
enforceable at law by any party against
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14:35 Sep 16, 2009
Jkt 217001
the United States, its agencies, its
officers, or any person.
In accordance with paragraph III.B.4
of the Internal Organization and
Operating Procedures of the JSC, the
committee also invites members of the
public to suggest changes to the Manual
for Courts-Martial.
DATES: Comments on the proposed
changes must be received no later than
November 16, 2009, to be assured
consideration by the JSC. A public
meeting for comments will be held on
October 29, 2009 at 10:30 a.m.
ADDRESSES: A public meeting for
comments will be held on October 29,
2009, at 10:30 a.m. in the 8th Floor
Conference Room, 1501 Wilson Blvd.,
Rosslyn, VA 22209–2460.
You may submit comments, identified
by docket number and title, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
Washington, DC 20301–1160.
Instructions: All submissions received
must include the agency name and
docket number for this Federal Register
document. The general policy for
comments and other submissions from
members of the public is to make these
submissions available for public
viewing on the Internet at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Commander Stacia
Gawronski, Executive Secretary, Joint
Service Committee on Military Justice,
Office of the Judge Advocate General,
Criminal Law Division (Code 20), 1254
Charles Morris Street, SE., Suite B01,
Washington Navy Yard, District of
Columbia 20374, (202) 685–7683, e-mail
stacia.gawronski@navy.mil.
SUPPLEMENTARY INFORMATION: The
proposed amendments by Executive
Order to the MCM are as follows:
Section 1. Part III of the Manual for
Courts-Martial, United States, is
amended as follows:
(a) M.R.E. 504 (c)(2)(D) is added to
read as follows: ‘‘(D) Where both parties
have been substantial participants in
illegal activity, those communications
between the spouses during the
marriage regarding the illegal activity in
which they have jointly participated are
not marital communications for
purposes of the privilege in subdivision
(b), and are not entitled to protection
under the privilege in subdivision (b).’’
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47785
(b) The following amendments
conform M.R.E. 609 to F.R.E. 609:
(1) M.R.E. 609 (a) is amended to
substitute the words ‘‘character for
truthfulness’’ for the word ‘‘credibility.’’
(2) M.R.E. 609 (a)(2) is amended to
substitute the words ‘‘regardless of the
punishment, if it readily can be
determined that establishing the
elements of the crime required proof or
admission of an act of dishonesty or
false statement by the witness’’ for the
words ‘‘if it involved dishonesty or false
statement, regardless of the
punishment.’’
(3) M.R.E. 609(c) is amended to
substitute the words ‘‘a subsequent
crime that was punishable by death,
dishonorable discharge, or
imprisonment in excess of one year’’ for
the words ‘‘a subsequent crime which
was punishable by death, dishonorable
discharge, or imprisonment in excess of
one year.’’
Section 2. Part IV of the Manual for
Courts-Martial, United States, is
amended as follows:
(a) Paragraph 13, Article 89,
Disrespect toward a superior
commissioned officer, paragraph c.(1) is
amended to substitute the words
‘‘uniformed service’’ for ‘‘armed forces’’
everywhere the words ‘‘armed forces’’
appear in that paragraph. This change is
made to clarify that the uniformed
officers of the Public Health Service and
the National Oceanographic and
Atmospheric Administration, when
assigned to and serving with the armed
forces, are included in the definition of
a superior commissioned officer.
(b) A clerical amendment is made to
Paragraph 35, Article 111, Drunken or
reckless operation of vehicle, aircraft or
vessel, paragraph f to read as follows:
‘‘(f) Sample Specification.
In that ___ (personal jurisdiction
data), did (at/on board—location)
(subject matter jurisdiction data, if
required), on or about ___, 20 l, (in the
motor pool area) (near the Officer’s
Club) (at the intersection of ___ and ___)
(while in the Gulf of Mexico) (while in
flight over North America) physically
control [a vehicle, to wit: (a truck) (a
passenger car) (___)] [an aircraft, to wit:
(an AH–64 helicopter) (an F–14A
fighter) (a KC–135 tanker) (___)] [a
vessel, to wit: (the aircraft carrier USS
___) (the Coast Guard Cutter ___) (___)],
[while drunk] [while impaired by ___]
[while the alcohol concentration in his
(blood or breath) equaled or exceeded
the applicable limit under subparagraph
(b) of the text of the statute in paragraph
35 as shown by chemical analysis] [in
a (reckless) (wanton) manner by
(attempting to pass another vehicle on a
sharp curve) (by ordering that the
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]]>Agencies
[Federal Register Volume 74, Number 179 (Thursday, September 17, 2009)]
[Notices]
[Pages 47783-47785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22399]
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 09-C0035]
Maran, 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
Maran, Inc., containing a civil penalty of $50,000.00.
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 October 2, 2009.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to Comment 09-C0035, 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: September 14, 2009.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20, Maran, Inc. (``Maran'') 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. Maran is a corporation organized and existing under the laws of
the State of Delaware, with its principal offices located in North
Bergen, NJ. Maran is an importer of apparel.
Staff Allegations
4. Maran imported about 6,000 girls' corduroy jackets with pink
hoods and drawstrings (``Drawstring Jackets''). From April 30, 2006 to
May 25, 2006, Maran imported the Drawstring Jackets and sold them from
January 27, 2007 to January 29, 2009 to a major nationwide retailer who
in turn sold them to consumers.
5. The Drawstring Jackets are ``consumer product[s],'' and, at all
times relevant hereto, Maran 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. Sec.
2052(a)(5), (8), and (11).
6. 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.
7. In June 1997, ASTM adopted a voluntary standard, ASTM F1816-97,
which incorporated the Guidelines. The Guidelines state that firms
should be aware of the hazards and should be sure
[[Page 47784]]
garments they sell conform to the voluntary standard.
8. 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.
9. Maran reported to the Commission there had been no incidents or
injuries involving Drawstring Jackets.
10. Maran's manufacture and 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.
11. On May 15, 2008, the Commission and Maran announced a recall of
the Drawstring Jackets. The recall informed consumers that they should
immediately remove the drawstrings to eliminate the hazard.
12. Maran 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). Maran 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. Sec. 2064(b)(3) and (4), required
Maran to immediately inform the Commission of the defect and risk.
13. Maran 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 Maran to civil penalties.
Maran's Response
14. Maran denies the Staff's allegations that Maran violated the
CPSA.
Agreement of the Parties
15. Under the CPSA, the Commission has jurisdiction over this
matter and over Maran.
16. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by Maran, or a
determination by the Commission, that Maran has knowingly violated the
CPSA.
17. In settlement of the Staff's allegations, Maran shall pay a
civil penalty in the amount of fifty thousand dollars ($50,000.00)
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.
18. 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.
19. Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, Maran 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 Maran 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.
20. The Commission may publicize the terms of the Agreement and the
Order.
21. The Agreement and the Order shall apply to, and be binding
upon, Maran and each of its successors and assigns.
22. The Commission issues the Order under the provisions of the
CPSA, and violation of the Order may subject those referenced in
paragraph 21 above to appropriate legal action.
23. 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.
24. 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 Maran agree that severing the provision materially affects the
purpose of the Agreement and the Order.
Maran, Inc.
Dated: May 18, 2009
By:--------------------------------------------------------------------
David Greenberg,
President and Chief Executive Officer.
Maran, Inc., 4301-15 Tonnelle Avenue, North Bergen, NJ 07407.
Dated: May 19, 2009
By:--------------------------------------------------------------------
Robert L. Mulligan III, Esquire,
Counsel for Respondent Maran, Inc.
126 State Street, Hackensack, NJ 07601.
U.S. Consumer Product Safety Commission.
Cheryl A. Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Office of the General Counsel.
Dated: 05/22/09
By:--------------------------------------------------------------------
Dennis C. Kacoyanis,
Trial Attorney, Division of Compliance.
Office of the General Counsel
Order
Upon consideration of the Settlement Agreement entered into between
Maran, Inc. (``Maran'') and the U.S. Consumer Product Safety Commission
(``Commission'') staff, and the Commission having jurisdiction over the
subject matter and over Maran, 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 Maran shall pay a civil penalty in the amount
of fifty thousand dollars ($50,000.00) 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
[[Page 47785]]
States Treasury. Upon the failure of Maran to make the foregoing
payment when due, interest on the unpaid amount shall accrue and be
paid by Maran 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 4th day
of September 2009.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. E9-22399 Filed 9-16-09; 8:45 am]
BILLING CODE 6355-01-P
