Jake's Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks Enterprises LLC, Pacific Northwest Fireworks, Inc., Provisional Acceptance of a Settlement Agreement and Order, 74008-74011 [2010-30073]

Download as PDF 74008 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices • Mail or hand-delivery: Susan Pasko, National Oceanic and Atmospheric Administration. 1315 East West Highway, SSMC 3, Rm. 15531 Silver Spring, MD 20910. • Fax: (301) 713–1594. Dated: November 23, 2010. Patricia A. Montanio, Director, Office of Habitat Conservation, National Marine Fisheries Service. [FR Doc. 2010–30175 Filed 11–29–10; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA065 New England Fishery Management Council; Public Meeting National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; public meeting. AGENCY: The New England Fishery Management Council’s (Council) Herring Committee will meet jointly with its Advisory Panel to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). DATES: The meeting will be held on Monday, December 20, 2010 at 9:30 a.m. ADDRESSES: The meeting will be held at the Sheraton Harborside Hotel, 250 Market Street, Portsmouth, NH 03801; telephone: (603) 431–2300; fax: (603) 433–5649. Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. FOR FURTHER INFORMATION CONTACT: Paul J. Howard, Executive Director, New England Fishery Management Council; telephone: (978) 465–0492. SUPPLEMENTARY INFORMATION: The items of discussion in the committee and advisory panel’s agenda are as follows: 1. Continue development of alternatives for consideration in Amendment 5 to the Atlantic Herring Fishery Management Plan (FMP), with particular focus on management measures to address river herring bycatch; 2. Discuss alternatives for identifying river herring hotspots; consider streamlining and develop recommendations; 3. Discuss management alternatives to apply to river herring hotspots; consider streamlining and develop recommendations; 4. Discuss possible options for river herring catch caps; jdjones on DSK8KYBLC1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:13 Nov 29, 2010 Jkt 223001 5. Discuss alternatives for establishing criteria for herring vessel access to groundfish closed areas; and 6. Address other outstanding issues related to Amendment 5 as time permits. Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the Council’s intent to take final action to address the emergency. Special Accommodations This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Paul J. Howard (see ADDRESSES) at least 5 days prior to the meeting date. Authority: 16 U.S.C. 1801 et seq. Dated: November 23, 2010. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–30015 Filed 11–29–10; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XA068 Gulf of Mexico Fishery Management Council; Public Meetings National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meetings. AGENCY: The Gulf of Mexico Fishery Management Council will convene a public meeting of the Florida/Alabama Habitat Protection Advisory Panel (AP). DATES: The meeting will convene at 3 p.m. Central Time on Friday, December 17, 2010 and conclude no later than 4 p.m. ADDRESSES: This meeting will be held via conference call. To listen to the teleconference call (1–888) 450–5996. At the prompt enter passcode 6273501. Council address: Gulf of Mexico Fishery Management Council, 2203 North Lois Avenue, Suite 1100, Tampa, FL 33607. SUMMARY: PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Jeff Rester, Habitat Support Specialist, Gulf States Marine Fisheries Commission; telephone: (228) 875–5912. SUPPLEMENTARY INFORMATION: At this meeting, the only item on the agenda is for the AP to review the Council’s Essential Fish Habitat 5-Year Review Report. The Florida/Alabama group is part of a three unit Habitat Protection Advisory Panel (AP) of the Gulf of Mexico Fishery Management Council. The principal role of the advisory panels is to assist the Council in attempting to maintain optimum conditions within the habitat and ecosystems supporting the marine resources of the Gulf of Mexico. Advisory panels serve as a first alert system to call to the Council’s attention proposed projects being developed and other activities that may adversely impact the Gulf marine fisheries and their supporting ecosystems. The panels may also provide advice to the Council on its policies and procedures for addressing environmental affairs. Although other issues not on the agenda may come before the panel for discussion, in accordance with the Magnuson-Stevens Fishery Conservation and Management Act, those issues may not be the subject of formal panel action during this meeting. Panel action will be restricted to those issues specifically identified in the agenda listed as available by this notice. For more information about the meeting, please call (813) 348–1630. Special Accommodations. This meeting is physically accessible to people with disabilities. Requests for auxiliary aids should be directed to Trish Kennedy at the Council (see ADDRESSES) at least 5 working days prior to the meeting. FOR FURTHER INFORMATION CONTACT: Dated: November 24, 2010. Tracey L. Thompson, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2010–30171 Filed 11–29–10; 8:45 am] BILLING CODE 3510–22–P CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. 11–C0001] Jake’s Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks Enterprises LLC, Pacific Northwest Fireworks, Inc., Provisional Acceptance of a Settlement Agreement and Order Consumer Product Safety Commission. AGENCY: E:\FR\FM\30NON1.SGM 30NON1 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices ACTION: Notice. 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 Jake’s Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks Enterprises LLC, Pacific Northwest Fireworks, Inc., containing a civil penalty of $100,000.00. 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 December 15, 2010. ADDRESSES: Persons wishing to comment on this Settlement Agreement should send written comments to the Comment 11–C0001, Office of the Secretary, Consumer Product Safety Commission, 4330 East West Highway, Room 820, Bethesda, Maryland 20814– 4408. FOR FURTHER INFORMATION CONTACT: Michelle Faust Gillice, Trial Attorney, Division of Enforcement and Information, Office of the General Counsel, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814–4408; telephone (301) 504–7667. SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears below. SUMMARY: Dated: November 24, 2010. Todd A. Stevenson, Secretary. jdjones on DSK8KYBLC1PROD with NOTICES Settlement Agreement 1. In accordance with 16 CFR 1118.20, Jake’s Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks Enterprises, LLC and Pacific Northwest Fireworks, Inc., and the staff (‘‘Staff’’) of the United States Consumer Product Safety Commission (‘‘Commission’’) enter into this Settlement Agreement (‘‘Agreement’’). This Agreement and the incorporated attached Order resolve the staff’s allegations set forth below. The Parties 2. The Staff is the staff of the Commission, an independent federal regulatory agency responsible for the enforcement of the Consumer Product Safety Act (‘‘CPSA’’), 15 U.S.C. 2051– 2089 and the Federal Hazardous Substances Act (‘‘FHSA’’), 15 U.S.C. 1261–1278. 3. Jake’s Fireworks, Inc. is a corporation organized and existing VerDate Mar<15>2010 15:13 Nov 29, 2010 Jkt 223001 under the laws of Kansas, with its principal offices located in Pittsburg, Kansas. Far East Imports, Inc. and Wholesale Fireworks Enterprises, LLC are incorporated under the laws of Kansas and share the same address as Jake’s Fireworks in Pittsburg, Kansas. Pacific Northwest Fireworks, Inc. is a Washington corporation located in Aberdeen, Washington. At all times relevant hereto, Jake’s Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks Enterprises, LLC, and Pacific Northwest Fireworks, Inc. (hereinafter collectively referred to as the ‘‘Respondents’’) introduced or caused to be introduced into interstate commerce certain violative fireworks. Staff Allegations 4. Between December 2006 and September 2007, Respondents imported over 200,000 fireworks that failed to comply with the Commission’s fireworks regulations at 16 CFR 1500.17(a)(3) and 16 CFR Part 1507. (Fireworks subject to this Agreement and Order are identified in Attachment A.) 5. Between December 2006 and September 2007, Commission staff issued 98 separate Letters of Advice to Respondents notifying the firms that the fireworks devices sampled at import were in violation of the Commission’s fireworks regulations. Of the 98 violations, 81 violations were for failure to comply with the regulation set forth at 16 CFR 1500.17(a)(3). Section 1500.17(a)(3) requires that fireworks intended to produce an audible effect contain no more than two (2) grains of pyrotechnic composition. 6. The fireworks devices referenced in paragraph 4 are banned hazardous substances pursuant to section 2(q)(1)(B) of the FHSA, 15 U.S.C. 1261(q)(1)(B), and 16 CFR 1500.17(a)(3). 7. Respondents knowingly introduced or caused the introduction into interstate commerce or received in interstate commerce and delivered or proffered delivery thereof for pay or otherwise, the banned hazardous substances referenced in paragraph 4 above, in violation of sections 4(a) and (c) of the FHSA, 15 U.S.C. 1263(a) and (c). Respondents Response to Allegations 8. Respondents deny the allegations of the staff set forth in paragraphs 4 through 7 above. Agreement of the Parties 9. The Commission has jurisdiction over this matter and over Respondents under the CPSA and the FHSA. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 74009 10. The parties enter this Agreement for settlement purposes only. The Agreement does not constitute an admission by Respondents nor a determination by the Commission that Respondents knowingly violated the FHSA. 11. In settlement of the staff’s allegations, Respondents shall pay a civil penalty of one hundred thousand dollars ($100,000.00), for which all Respondents are jointly and severally liable, within twenty (20) calendar days of service of the Commission’s final Order accepting this Agreement. The payment shall be by check and made payable to the order of the United States Treasury. 12. Within six (6) months of service of the Commission’s final Order, Respondents shall destroy at their own cost, the inventory of all violative fireworks referenced in Attachment A, subject to the terms and conditions set forth in paragraphs 13 through 16. Destruction of the fireworks shall be in accordance with all federal, state and local laws and regulations. 13. Respondents shall provide the Commission staff with seven (7) days advance notice of the time and place of each destruction event so that a Commission investigator may witness the destruction. By witnessing a destruction event, CPSC does not prescribe nor approve specific methods of destruction as safe. At each destruction event, a principal or an employee authorized by a Respondent company principal shall complete and sign an affidavit of destruction, under the penalty of perjury. The affidavit shall identify the fireworks destroyed by model name, Commission sample number, and the number of units of destroyed. Respondents shall submit the signed Affidavit of Destruction to Michelle Gillice, Trial Attorney, Office of the General Counsel, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, no later than seven (7) days after the destruction event. 14. Should Respondents fail to destroy the entire inventory of violative fireworks referenced in Attachment A within six (6) months of service of the final Order, they shall be subject to additional penalties as set forth in paragraphs 15 and 16. 15. Should Respondents fail to comply with the terms of destruction set forth in paragraphs 12 and 13 of this Agreement, Respondents shall pay a penalty of five thousand dollars ($5,000.00) in liquidated damages for each day such violation continues, for which all Respondents are jointly and severally liable, to the United States E:\FR\FM\30NON1.SGM 30NON1 jdjones on DSK8KYBLC1PROD with NOTICES 74010 Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices Treasury. The amount of liquidated damages in this paragraph shall not exceed seven hundred and fifty thousand dollars ($750,000.00) in any one calendar year. The remedy in this paragraph shall be in addition to any other remedies available to the United States under the law. 16. The penalties referenced in paragraph 15 will not be imposed if Respondents fail to meet the deadline in performing hereunder if such delay or default is caused by the following events or conditions beyond its reasonable control: force majeure or ‘‘Acts of God’’, wars, insurrections, and Government restrictions, and Respondents notify the Commission within seven (7) days of such event or condition with documentation evidencing the occurrence. Force majeure does not refer to: staff shortages; sick leaves; late supplies or shortcomings on the part of a third party contracted by Respondents. In case of force majeure or one of the above referenced events or conditions, provided Respondents notify the Commission within the allotted time frame, the destruction obligation will be temporarily suspended during the event or condition period to the extent that such performance is reasonably affected thereby. 17. Upon the Commission’s 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 requests not to accept the Agreement within 15 calendar days, the Agreement shall be deemed finally accepted on the 16th calendar day after the date it is published in the Federal Register. 18. Upon the Commission’s final acceptance of the Agreement and issuance of the final Order, Respondents knowingly, voluntarily and completely waive any rights they may have in this matter to the following: (i) An administrative or judicial hearing; (ii) judicial review or other challenge or contest of the validity of the Commission’s Order or actions; (iii) a determination by the Commission as to whether Respondents failed to comply with the FHSA and the underlying regulations; (iv) a statement of findings of fact and conclusions of law; and (v) any claims under the Equal Access to Justice Act. 19. The Commission may publicize the terms of the Agreement and Order. VerDate Mar<15>2010 15:13 Nov 29, 2010 Jkt 223001 20. The Agreement and Order shall apply to, and be binding upon, Respondents and each of their successors and assigns. 21. The Commission issues the Order under the provisions of the FHSA, and a violation of the Order may subject those referenced in paragraph 20 above to appropriate legal action. 22. This 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. 23. If any provision of this Agreement and Order is held to be illegal, invalid, or unenforceable under present or future laws effective during the terms of the Agreement and Order, such provision shall be fully severable. The balance of the Agreement and Order shall remain in full force and effect, unless the Commission and Respondents determine that severing the provision materially affects the purpose of the Agreement and Order. Michelle Faust Gillice, Trial Attorney, Division of Compliance, Office of the General Counsel. ATTACHMENT A—VIOLATIVE FIREWORKS Sample No. 07–810–4038 07–810–4039 07–810–4042 07–810–4044 07–810–4045 07–810–4046 07–810–4103 07–810–4104 07–810–4106 07–810–4111 07–810–4118 07–810–4119 07–810–4212 07–810–4420 07–810–4565 07–810–4584 07–810–4587 07–810–4588 07–810–4589 07–801–4590 07–810–4624 07–810–4627 07–810–4828 07–810–4830 07–810–4914 07–810–5008 07–810–5009 07–810–5010 07–810–5012 RESPONDENTS 07–810–5018 07–810–5048 Dated: 10/5/10 07–810–5064 By: lllllllllllllllllll 07–810–5066 Michael Marietta, 07–810–5095 President, Jake’s Fireworks, Inc., 2311 West 07–810–5096 4th Street, Pittsburg, KS 66762. 07–810–5098 lllllllllllllllllllll 07–810–5330 07–810–5332 Michael Marietta, 07–810–5474 President, Far East Imports, Inc., 2311 West 07–810–5475 4th Street, Pittsburg, KS 66762. lllllllllllllllllllll 07–810–5476 07–810–5481 Jason Marietta, 07–810–5482 Managing Member, Wholesale Fireworks 07–810–5483 Enterprises, LLC, 2311 West 4th Street, 07–810–5484 Pittsburg, KS 66762. 07–810–5490 lllllllllllllllllllll 07–810–5491 07–810–5511 Joan Ross, 07–810–5512 President, Pacific Northwest Fireworks, Inc., 07–810–5514 100 S. I Street, Aberdeen, Washington. By: lllllllllllllllllll 07–810–5656 07–810–5793 Hal Stratton, 07–810–5794 Counsel for Jake’s Fireworks, Inc., Far East 07–840–6029 Imports, Inc., Wholesale Fireworks 07–840–6030 Enterprises, LLC, Pacific Northwest 07–840–6263 Fireworks, Inc., Brownstein Hyatt Farber 07–840–6371 Schreck, LLP, Albuquerque, NM 87102. 07–840–6542 07–840–6548 U.S. Consumer Product Safety Commission 07–840–6551 Cheryl Falvey, 07–840–6552 General Counsel. 07–840–6603 Ronald G. Yelenik, 07–840–6681 Assistant General Counsel, Office of the 07–840–6682 General Counsel. 07–840–6683 Dated: 11/18/10 07–840–6737 By: lllllllllllllllllll 07–840–6846 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\30NON1.SGM 30NON1 Model name Loyal To None. Megabanger Firecracker. One Bad Mother. One Bad Mother. Loyal To None. Megatron. Cooking with Gas. The Big Dog. One Bad Mother 16 Shot. Time Is On My Side. Loyal To None. Scorpions. Loyal To None. Megabanger Megatron. One Bad Mother. Extreme Machine. Vendicator. The Big Package. Return To Glory. One Bad Mother. Loyal To None. World Class Boom Boom. Loyal To None. Return To Glory. Catastrophic 9 Shot. Truckin Home. Professional 3 Pack. BF Assorted Cakes. Spyder, Brown Label. 7 Wonders of the World. Not In My Yard. Loyal To None. Megatron. One Bad Mother. Loyal To None. Megatron. Spyder, Brown Label. Cocky. 10 Ball Bang. Can You Handle It? Megabanger Megatron. One Bad Mother. Loyal To None. One Bad Mother. Loyal To None. Loyal To None. One Bad Mother. B.M.F. Big Sexy. Perfection. The Big Package. One Bad Mother. Red White & Blue Forever. Loyal To None. The Big Package. Multishot Shell. Hydrogen Bomb. Festival Balls. One Bad Mother. Premium Bottle Rocket. One Bad Mother. Loyal To None. One Bad Mother/Shell. Loyal To None/Shell. Megatron/Shell. Loyal To None. One Bad Mother. Federal Register / Vol. 75, No. 229 / Tuesday, November 30, 2010 / Notices ATTACHMENT A—VIOLATIVE FIREWORKS—Continued Model name 07–840–6847 07–840–6849 07–840–6865 07–840–6867 07–840–6869 07–840–6904 07–840–7267 07–840–7269 07–840–7283 07–840–7291 07–840–7292 07–840–7297 07–840–7304 07–840–7305 07–840–7317 07–840–7319 07–840–7320 07–840–7321 07–840–7324 07–840–7328 07–840–7467 07–840–7468 07–840–7486 07–840–7289 07–810–5036 07–810–5037 07–810–5041 07–840–6890 07–840–6891 07–840–6892 07–840–7091 07–840–7197 07–840–7207 07–840–7208 07–840–7209 07–810–5494 07–810–5738 07–810–5739 07–810–5740 07–810–5781 07–810–5782 07–810–5785 07–810–5786 07–810–5788 07–810–5790 07–810–5791 07–810–5792 07–840–7282 07–840–7288 jdjones on DSK8KYBLC1PROD with NOTICES Sample No. Merlin’s Match. Vendicator. The Best of the Best. Flashing Thunder. Loyal To None. Loyal To None. The Big Package. One Bad Mother. One Bad Mother. One Bad Mother. Loyal To None. Instigator. Loyal To None. One Bad Mother. Saturn Missle Battery. Loyal To None. One Bad Mother. One Bad Mother. Red White & Blue Forever. Festival Balls. Loyal To None. So What Are You Looking At? Loyal To None. Whistling Chaser. Return To Glory. One Bad Mother 9 Shot. World Class Loyal To None. Grave Digger. Megabanger Megatron. Megabanger Just Bad. Loyal To None. One Bad Mother. Loyal To None. The Big Package. Jumbo Smoke Balls. Loyal To None. Loyal To None. Loyal To None. Loyal To None. So What Are You Looking At? Saturn Missle Battery. Loyal To None. The Big Dog. Extreme Machine. Loyal To None. Loyal to None. Loyal To None. Loyal To None. Loyal To None. VerDate Mar<15>2010 15:13 Nov 29, 2010 Jkt 223001 Order Upon consideration of the Settlement Agreement entered into between Jake’s Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks Enterprises, LLC and Pacific Northwest Fireworks, Inc., (hereinafter, ‘‘Respondents’’) and the staff of the United States Consumer Product Safety Commission (‘‘Commission’’), and the Commission having jurisdiction over the subject matter and over Respondents, and it appearing that the Settlement Agreement and Order are in the public interest, it is Ordered, that the Settlement Agreement, be and hereby is, accepted; and it is Further ordered, that Respondents shall pay a civil penalty in the amount of one hundred thousand dollars ($100,000.00) 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 Respondents to make the foregoing payment when due, interest on the unpaid amount shall accrue and be paid by Respondents at the federal legal rate of interest set forth at 28 U.S.C. 1961(a) and (b); and it is Further ordered, that within six (6) months of service of the Final Order, in accordance with the terms set forth in the Settlement Agreement, Respondents shall destroy at their own cost, the entire inventory of violative fireworks referenced in Attachment A to the Settlement Agreement. Upon the failure of Respondents to comply with the terms of destruction set forth in the Settlement Agreement, the firm agrees to pay to the United States of America, five thousand dollars in liquidated damages for each day such violation continues. The amount of liquidated damages in this paragraph shall not PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 74011 exceed $750,000.00 in any one calendar year; Provisionally accepted and provisional Order issued on the 24th day of November 2010. By Order of the Commission. lllllllllllllllllllll Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission. [FR Doc. 2010–30073 Filed 11–29–10; 8:45 am] BILLING CODE 6355–01–P DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal Nos. 10–24] 36(b)(1) Arms Sales Notification Department of Defense, Defense Security Cooperation Agency. AGENCY: ACTION: Notice. The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104–164 dated 21 July 1996. SUMMARY: FOR FURTHER INFORMATION CONTACT: Ms. B. English, DSCA/DBO/CFM, (703) 601–3740. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 10–24 with attached transmittal, and policy justification. SUPPLEMENTARY INFORMATION: Dated: November 23, 2010. Morgan F. Park, Alternate OSD Federal Register Liaison Officer, Department of Defense. BILLING CODE 5001–06–P E:\FR\FM\30NON1.SGM 30NON1

Agencies

[Federal Register Volume 75, Number 229 (Tuesday, November 30, 2010)]
[Notices]
[Pages 74008-74011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30073]


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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 11-C0001]


Jake's Fireworks, Inc., Far East Imports, Inc., Wholesale 
Fireworks Enterprises LLC, Pacific Northwest Fireworks, Inc., 
Provisional Acceptance of a Settlement Agreement and Order

AGENCY: Consumer Product Safety Commission.

[[Page 74009]]


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 
Jake's Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks 
Enterprises LLC, Pacific Northwest Fireworks, Inc., containing a civil 
penalty of $100,000.00.

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 December 15, 2010.

ADDRESSES: Persons wishing to comment on this Settlement Agreement 
should send written comments to the Comment 11-C0001, Office of the 
Secretary, Consumer Product Safety Commission, 4330 East West Highway, 
Room 820, Bethesda, Maryland 20814-4408.

FOR FURTHER INFORMATION CONTACT: Michelle Faust Gillice, Trial 
Attorney, Division of Enforcement and Information, Office of the 
General Counsel, Consumer Product Safety Commission, 4330 East West 
Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-7667. 
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears 
below.

    Dated: November 24, 2010.
Todd A. Stevenson,
 Secretary.

Settlement Agreement

    1. In accordance with 16 CFR 1118.20, Jake's Fireworks, Inc., Far 
East Imports, Inc., Wholesale Fireworks Enterprises, LLC and Pacific 
Northwest Fireworks, Inc., and the staff (``Staff'') of the United 
States Consumer Product Safety Commission (``Commission'') enter into 
this Settlement Agreement (``Agreement''). This Agreement and the 
incorporated attached Order resolve the staff's allegations set forth 
below.

The Parties

    2. The Staff is the staff of the Commission, an independent federal 
regulatory agency responsible for the enforcement of the Consumer 
Product Safety Act (``CPSA''), 15 U.S.C. 2051-2089 and the Federal 
Hazardous Substances Act (``FHSA''), 15 U.S.C. 1261-1278.
    3. Jake's Fireworks, Inc. is a corporation organized and existing 
under the laws of Kansas, with its principal offices located in 
Pittsburg, Kansas. Far East Imports, Inc. and Wholesale Fireworks 
Enterprises, LLC are incorporated under the laws of Kansas and share 
the same address as Jake's Fireworks in Pittsburg, Kansas. Pacific 
Northwest Fireworks, Inc. is a Washington corporation located in 
Aberdeen, Washington. At all times relevant hereto, Jake's Fireworks, 
Inc., Far East Imports, Inc., Wholesale Fireworks Enterprises, LLC, and 
Pacific Northwest Fireworks, Inc. (hereinafter collectively referred to 
as the ``Respondents'') introduced or caused to be introduced into 
interstate commerce certain violative fireworks.

Staff Allegations

    4. Between December 2006 and September 2007, Respondents imported 
over 200,000 fireworks that failed to comply with the Commission's 
fireworks regulations at 16 CFR 1500.17(a)(3) and 16 CFR Part 1507. 
(Fireworks subject to this Agreement and Order are identified in 
Attachment A.)
    5. Between December 2006 and September 2007, Commission staff 
issued 98 separate Letters of Advice to Respondents notifying the firms 
that the fireworks devices sampled at import were in violation of the 
Commission's fireworks regulations. Of the 98 violations, 81 violations 
were for failure to comply with the regulation set forth at 16 CFR 
1500.17(a)(3). Section 1500.17(a)(3) requires that fireworks intended 
to produce an audible effect contain no more than two (2) grains of 
pyrotechnic composition.
    6. The fireworks devices referenced in paragraph 4 are banned 
hazardous substances pursuant to section 2(q)(1)(B) of the FHSA, 15 
U.S.C. 1261(q)(1)(B), and 16 CFR 1500.17(a)(3).
    7. Respondents knowingly introduced or caused the introduction into 
interstate commerce or received in interstate commerce and delivered or 
proffered delivery thereof for pay or otherwise, the banned hazardous 
substances referenced in paragraph 4 above, in violation of sections 
4(a) and (c) of the FHSA, 15 U.S.C. 1263(a) and (c).

Respondents Response to Allegations

    8. Respondents deny the allegations of the staff set forth in 
paragraphs 4 through 7 above.

Agreement of the Parties

    9. The Commission has jurisdiction over this matter and over 
Respondents under the CPSA and the FHSA.
    10. The parties enter this Agreement for settlement purposes only. 
The Agreement does not constitute an admission by Respondents nor a 
determination by the Commission that Respondents knowingly violated the 
FHSA.
    11. In settlement of the staff's allegations, Respondents shall pay 
a civil penalty of one hundred thousand dollars ($100,000.00), for 
which all Respondents are jointly and severally liable, within twenty 
(20) calendar days of service of the Commission's final Order accepting 
this Agreement. The payment shall be by check and made payable to the 
order of the United States Treasury.
    12. Within six (6) months of service of the Commission's final 
Order, Respondents shall destroy at their own cost, the inventory of 
all violative fireworks referenced in Attachment A, subject to the 
terms and conditions set forth in paragraphs 13 through 16. Destruction 
of the fireworks shall be in accordance with all federal, state and 
local laws and regulations.
    13. Respondents shall provide the Commission staff with seven (7) 
days advance notice of the time and place of each destruction event so 
that a Commission investigator may witness the destruction. By 
witnessing a destruction event, CPSC does not prescribe nor approve 
specific methods of destruction as safe. At each destruction event, a 
principal or an employee authorized by a Respondent company principal 
shall complete and sign an affidavit of destruction, under the penalty 
of perjury. The affidavit shall identify the fireworks destroyed by 
model name, Commission sample number, and the number of units of 
destroyed. Respondents shall submit the signed Affidavit of Destruction 
to Michelle Gillice, Trial Attorney, Office of the General Counsel, 
U.S. Consumer Product Safety Commission, 4330 East West Highway, 
Bethesda, MD 20814, no later than seven (7) days after the destruction 
event.
    14. Should Respondents fail to destroy the entire inventory of 
violative fireworks referenced in Attachment A within six (6) months of 
service of the final Order, they shall be subject to additional 
penalties as set forth in paragraphs 15 and 16.
    15. Should Respondents fail to comply with the terms of destruction 
set forth in paragraphs 12 and 13 of this Agreement, Respondents shall 
pay a penalty of five thousand dollars ($5,000.00) in liquidated 
damages for each day such violation continues, for which all 
Respondents are jointly and severally liable, to the United States

[[Page 74010]]

Treasury. The amount of liquidated damages in this paragraph shall not 
exceed seven hundred and fifty thousand dollars ($750,000.00) in any 
one calendar year. The remedy in this paragraph shall be in addition to 
any other remedies available to the United States under the law.
    16. The penalties referenced in paragraph 15 will not be imposed if 
Respondents fail to meet the deadline in performing hereunder if such 
delay or default is caused by the following events or conditions beyond 
its reasonable control: force majeure or ``Acts of God'', wars, 
insurrections, and Government restrictions, and Respondents notify the 
Commission within seven (7) days of such event or condition with 
documentation evidencing the occurrence. Force majeure does not refer 
to: staff shortages; sick leaves; late supplies or shortcomings on the 
part of a third party contracted by Respondents. In case of force 
majeure or one of the above referenced events or conditions, provided 
Respondents notify the Commission within the allotted time frame, the 
destruction obligation will be temporarily suspended during the event 
or condition period to the extent that such performance is reasonably 
affected thereby.
    17. Upon the Commission's 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 requests not to accept the Agreement 
within 15 calendar days, the Agreement shall be deemed finally accepted 
on the 16th calendar day after the date it is published in the Federal 
Register.
    18. Upon the Commission's final acceptance of the Agreement and 
issuance of the final Order, Respondents knowingly, voluntarily and 
completely waive any rights they may have in this matter to the 
following: (i) An administrative or judicial hearing; (ii) judicial 
review or other challenge or contest of the validity of the 
Commission's Order or actions; (iii) a determination by the Commission 
as to whether Respondents failed to comply with the FHSA and the 
underlying regulations; (iv) a statement of findings of fact and 
conclusions of law; and (v) any claims under the Equal Access to 
Justice Act.
    19. The Commission may publicize the terms of the Agreement and 
Order.
    20. The Agreement and Order shall apply to, and be binding upon, 
Respondents and each of their successors and assigns.
    21. The Commission issues the Order under the provisions of the 
FHSA, and a violation of the Order may subject those referenced in 
paragraph 20 above to appropriate legal action.
    22. This 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.
    23. If any provision of this Agreement and Order is held to be 
illegal, invalid, or unenforceable under present or future laws 
effective during the terms of the Agreement and Order, such provision 
shall be fully severable. The balance of the Agreement and Order shall 
remain in full force and effect, unless the Commission and Respondents 
determine that severing the provision materially affects the purpose of 
the Agreement and Order.

RESPONDENTS

Dated: 10/5/10

By:--------------------------------------------------------------------

Michael Marietta,
President, Jake's Fireworks, Inc., 2311 West 4th Street, Pittsburg, 
KS 66762.

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

Michael Marietta,
President, Far East Imports, Inc., 2311 West 4th Street, Pittsburg, 
KS 66762.

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

Jason Marietta,
Managing Member, Wholesale Fireworks Enterprises, LLC, 2311 West 4th 
Street, Pittsburg, KS 66762.

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

Joan Ross,
President, Pacific Northwest Fireworks, Inc., 100 S. I Street, 
Aberdeen, Washington.

By:--------------------------------------------------------------------

Hal Stratton,
Counsel for Jake's Fireworks, Inc., Far East Imports, Inc., 
Wholesale Fireworks Enterprises, LLC, Pacific Northwest Fireworks, 
Inc., Brownstein Hyatt Farber Schreck, LLP, Albuquerque, NM 87102.

U.S. Consumer Product Safety Commission

Cheryl Falvey,
General Counsel.
Ronald G. Yelenik,
Assistant General Counsel, Office of the General Counsel.

Dated: 11/18/10

By:--------------------------------------------------------------------

Michelle Faust Gillice,

Trial Attorney, Division of Compliance, Office of the General 
Counsel.

                    Attachment A--Violative Fireworks
------------------------------------------------------------------------
            Sample No.                           Model name
------------------------------------------------------------------------
07-810-4038......................  Loyal To None.
07-810-4039......................  Megabanger Firecracker.
07-810-4042......................  One Bad Mother.
07-810-4044......................  One Bad Mother.
07-810-4045......................  Loyal To None.
07-810-4046......................  Megatron.
07-810-4103......................  Cooking with Gas.
07-810-4104......................  The Big Dog.
07-810-4106......................  One Bad Mother 16 Shot.
07-810-4111......................  Time Is On My Side.
07-810-4118......................  Loyal To None.
07-810-4119......................  Scorpions.
07-810-4212......................  Loyal To None.
07-810-4420......................  Megabanger Megatron.
07-810-4565......................  One Bad Mother.
07-810-4584......................  Extreme Machine.
07-810-4587......................  Vendicator.
07-810-4588......................  The Big Package.
07-810-4589......................  Return To Glory.
07-801-4590......................  One Bad Mother.
07-810-4624......................  Loyal To None.
07-810-4627......................  World Class Boom Boom.
07-810-4828......................  Loyal To None.
07-810-4830......................  Return To Glory.
07-810-4914......................  Catastrophic 9 Shot.
07-810-5008......................  Truckin Home.
07-810-5009......................  Professional 3 Pack.
07-810-5010......................  BF Assorted Cakes.
07-810-5012......................  Spyder, Brown Label.
07-810-5018......................  7 Wonders of the World.
07-810-5048......................  Not In My Yard.
07-810-5064......................  Loyal To None.
07-810-5066......................  Megatron.
07-810-5095......................  One Bad Mother.
07-810-5096......................  Loyal To None.
07-810-5098......................  Megatron.
07-810-5330......................  Spyder, Brown Label.
07-810-5332......................  Cocky.
07-810-5474......................  10 Ball Bang.
07-810-5475......................  Can You Handle It?
07-810-5476......................  Megabanger Megatron.
07-810-5481......................  One Bad Mother.
07-810-5482......................  Loyal To None.
07-810-5483......................  One Bad Mother.
07-810-5484......................  Loyal To None.
07-810-5490......................  Loyal To None.
07-810-5491......................  One Bad Mother.
07-810-5511......................  B.M.F.
07-810-5512......................  Big Sexy.
07-810-5514......................  Perfection.
07-810-5656......................  The Big Package.
07-810-5793......................  One Bad Mother.
07-810-5794......................  Red White & Blue Forever.
07-840-6029......................  Loyal To None.
07-840-6030......................  The Big Package.
07-840-6263......................  Multishot Shell.
07-840-6371......................  Hydrogen Bomb.
07-840-6542......................  Festival Balls.
07-840-6548......................  One Bad Mother.
07-840-6551......................  Premium Bottle Rocket.
07-840-6552......................  One Bad Mother.
07-840-6603......................  Loyal To None.
07-840-6681......................  One Bad Mother/Shell.
07-840-6682......................  Loyal To None/Shell.
07-840-6683......................  Megatron/Shell.
07-840-6737......................  Loyal To None.
07-840-6846......................  One Bad Mother.

[[Page 74011]]

 
07-840-6847......................  Merlin's Match.
07-840-6849......................  Vendicator.
07-840-6865......................  The Best of the Best.
07-840-6867......................  Flashing Thunder.
07-840-6869......................  Loyal To None.
07-840-6904......................  Loyal To None.
07-840-7267......................  The Big Package.
07-840-7269......................  One Bad Mother.
07-840-7283......................  One Bad Mother.
07-840-7291......................  One Bad Mother.
07-840-7292......................  Loyal To None.
07-840-7297......................  Instigator.
07-840-7304......................  Loyal To None.
07-840-7305......................  One Bad Mother.
07-840-7317......................  Saturn Missle Battery.
07-840-7319......................  Loyal To None.
07-840-7320......................  One Bad Mother.
07-840-7321......................  One Bad Mother.
07-840-7324......................  Red White & Blue Forever.
07-840-7328......................  Festival Balls.
07-840-7467......................  Loyal To None.
07-840-7468......................  So What Are You Looking At?
07-840-7486......................  Loyal To None.
07-840-7289......................  Whistling Chaser.
07-810-5036......................  Return To Glory.
07-810-5037......................  One Bad Mother 9 Shot.
07-810-5041......................  World Class Loyal To None.
07-840-6890......................  Grave Digger.
07-840-6891......................  Megabanger Megatron.
07-840-6892......................  Megabanger Just Bad.
07-840-7091......................  Loyal To None.
07-840-7197......................  One Bad Mother.
07-840-7207......................  Loyal To None.
07-840-7208......................  The Big Package.
07-840-7209......................  Jumbo Smoke Balls.
07-810-5494......................  Loyal To None.
07-810-5738......................  Loyal To None.
07-810-5739......................  Loyal To None.
07-810-5740......................  Loyal To None.
07-810-5781......................  So What Are You Looking At?
07-810-5782......................  Saturn Missle Battery.
07-810-5785......................  Loyal To None.
07-810-5786......................  The Big Dog.
07-810-5788......................  Extreme Machine.
07-810-5790......................  Loyal To None.
07-810-5791......................  Loyal to None.
07-810-5792......................  Loyal To None.
07-840-7282......................  Loyal To None.
07-840-7288......................  Loyal To None.
------------------------------------------------------------------------

Order

    Upon consideration of the Settlement Agreement entered into between 
Jake's Fireworks, Inc., Far East Imports, Inc., Wholesale Fireworks 
Enterprises, LLC and Pacific Northwest Fireworks, Inc., (hereinafter, 
``Respondents'') and the staff of the United States Consumer Product 
Safety Commission (``Commission''), and the Commission having 
jurisdiction over the subject matter and over Respondents, and it 
appearing that the Settlement Agreement and Order are in the public 
interest, it is
    Ordered, that the Settlement Agreement, be and hereby is, accepted; 
and it is
    Further ordered, that Respondents shall pay a civil penalty in the 
amount of one hundred thousand dollars ($100,000.00) 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 Respondents to make the 
foregoing payment when due, interest on the unpaid amount shall accrue 
and be paid by Respondents at the federal legal rate of interest set 
forth at 28 U.S.C. 1961(a) and (b); and it is
    Further ordered, that within six (6) months of service of the Final 
Order, in accordance with the terms set forth in the Settlement 
Agreement, Respondents shall destroy at their own cost, the entire 
inventory of violative fireworks referenced in Attachment A to the 
Settlement Agreement. Upon the failure of Respondents to comply with 
the terms of destruction set forth in the Settlement Agreement, the 
firm agrees to pay to the United States of America, five thousand 
dollars in liquidated damages for each day such violation continues. 
The amount of liquidated damages in this paragraph shall not exceed 
$750,000.00 in any one calendar year;

    Provisionally accepted and provisional Order issued on the 24th 
day of November 2010.

    By Order of the Commission.
-----------------------------------------------------------------------

Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.

[FR Doc. 2010-30073 Filed 11-29-10; 8:45 am]
BILLING CODE 6355-01-P
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