Black & Decker (U.S.) Inc., Provisional Acceptance of a Settlement Agreement and Order, 48808-48810 [2011-20086]
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48808
Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices
III. Data
public approximately 30 minutes (0.5
hours) to read the instructions and
subscriber agreement, gather the
necessary information, prepare the
Certificate Action Form, and submit the
completed request.
Estimated Total Annual Respondent
Burden Hours: 929 hours.
Estimated Total Annual Respondent
Cost Burden: $129,131. The USPTO
expects that 70% of the submissions for
this collection will be prepared by
paraprofessionals, 15% by attorneys,
OMB Number: 0651–0045.
Form Number(s): PTO–2042.
Type of Review: Revision of a
currently approved collection.
Affected Public: Individuals or
households; businesses or other forprofits; and not-for-profit institutions.
Estimated Number of Respondents:
1,857 responses per year.
Estimated Time per Response: The
USPTO estimates that it will take the
and 15% by independent inventors.
Using those proportions and the
estimated rates of $122 per hour for
paraprofessionals, $325 per hour for
attorneys in private firms, and $30 per
hour for independent inventors, the
USPTO estimates that the average rate
for those respondents will be
approximately $139 per hour. Therefore,
the estimated total respondent cost
burden for this collection will be
approximately $129,131 per year.
Item
Estimated time for
response
Estimated
annual
responses
Estimated annual burden
hours
Certificate Action Form (including Subscriber Agreement) (PTO–2042) ....................
30 minutes
1,857
929
........................................
1,857
929
Totals ....................................................................................................................
Estimated Total Annual Non-hour
Respondent Cost Burden: $4,531. There
are no capital start-up costs,
maintenance costs, or fees associated
with this information collection.
However, this collection does have
annual (non-hour) cost burden
associated with the Certificate Action
Form.
This collection has costs due to the
notarization requirement for
authenticating the signatures on the
Certificate Action Form. The USPTO
estimates that the average fee for having
a signature notarized is $2 and that
1,857 responses for these forms will be
submitted annually, for a total cost of
$3,714 per year.
This collection also has postage costs
for submitting the Certificate Action
Form to the USPTO by mail. The form
cannot be faxed or submitted
electronically because it requires an
original notarized signature. The
USPTO estimates that the first class
postage cost for these forms will be 44
cents and that it will receive 1,857
mailed responses annually, for a total
postage cost of approximately $817 per
year.
sroberts on DSK5SPTVN1PROD with NOTICES
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, e.g., the use of
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19:06 Aug 08, 2011
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automated collection techniques or
other forms of information technology.
Comments submitted in response to
this notice will be summarized or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: August 4, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2011–20097 Filed 8–8–11; 8:45 am]
BILLING CODE 3510–16–P
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
The following notice of scheduled
meetings is published pursuant to the
provisions of the Government in the
Sunshine Act, Public Law 94–409, 5
U.S.C. 552b.
Agency Holding the Meetings
Commodity Futures Trading
Commission.
Times and Dates
The Commission has scheduled
meetings for the following dates:
October 4, 2011 at 9:30 a.m.
October 18, 2011 at 9:30 a.m.
November 1, 2011 at 9:30 a.m.
November 17, 2011 at 9:30 a.m.
Three Lafayette Center, 1155 21st St.,
NW., Washington, DC. Lobby Level
Hearing Room (Room 1000).
STATUS: Open.
Frm 00020
The Commission has scheduled these
meetings to consider various rulemaking
matters, including the issuance of
proposed rules and the approval of final
rules. The Commission may also
consider and vote on dates and times for
future meetings. Agendas for each of the
scheduled meetings will be made
available to the public and posted on
the Commission’s Web site at https://
www.cftc.gov at least seven (7) days
prior to the meeting. In the event that
the times or dates of the meetings
change, an announcement of the change,
along with the new time and place of
the meeting will be posted on the
Commission’s Web site.
CONTACT PERSON FOR MORE INFORMATION:
David A. Stawick, Secretary of the
Commission, 202–418–5071.
David A. Stawick,
Secretary of the Commission.
[FR Doc. 2011–20351 Filed 8–5–11; 4:15 pm]
BILLING CODE 6351–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 11–C0008]
Black & Decker (U.S.) Inc., Provisional
Acceptance of a Settlement Agreement
and Order
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
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
SUMMARY:
Place
PO 00000
Matters To Be Considered
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Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices
below is a provisionally accepted
Settlement Agreement with Black &
Decker (U.S.) Inc., containing a civil
penalty of $960,000.00.
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 August 24,
2011.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to
Comment 11–C0008, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
William J. Moore, Jr., 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) 504–7583.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: August 2, 2011.
Todd A. Stevenson,
Secretary.
sroberts on DSK5SPTVN1PROD with NOTICES
Settlement Agreement
(1) In accordance with 16 CFR
1118.20, Black & Decker (U.S.) Inc., its
responsible officials, and its foreign and
domestic corporate parents, affiliates,
agents and employees (collectively
‘‘Black & Decker’’ or ‘‘the Firm’’) and the
staff (‘‘Staff’’) of the United States
Consumer Product Safety Commission
(‘‘Commission’’) hereby enter into this
Settlement Agreement (‘‘Agreement’’)
under the Consumer Product Safety Act
(‘‘CPSA’’). The Agreement and the
incorporated attached Order resolve the
Staff’s allegations set forth below.
The Parties
(2) The Staff is the staff of the
Consumer Product Safety Commission,
an independent federal regulatory
agency established pursuant to, and
responsible for, the enforcement of the
CPSA, 15 U.S.C. 2051–2089.
(3) Black & Decker is a corporation
organized and existing under the laws of
the State of Maryland, with its principal
corporate office located at 701 East
Joppa Road, Towson, Maryland.
Staff Allegations
(4) Between November 2005 and
October 2006, Black & Decker imported
and distributed approximately one
hundred thirty-six thousand (136,000)
newly designed electric, hand-held
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19:06 Aug 08, 2011
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grass trimmer/edgers known as model
GH1000 Grasshog XP (‘‘Grasshog XP’’).
The Grasshog XPs were sold through
retailers nationwide for approximately
$70.00.
(5) The Grasshog XPs are ‘‘consumer
products’’ and, at all times relevant
hereto, Black & Decker was a
‘‘manufacturer’’ of these consumer
products, which were ‘‘distributed in
commerce,’’ as those terms are defined
or used in sections 3(a)(5), (8) and (11)
of the CPSA, 15 U.S.C. 2052(a)(5), (8)
and (11).
(6) The Grasshog XPs contained
several defects that presented four
failure modes: (1) The cutting string
spool covers and spools can be
projected off the Grasshog XP at high
speed in unpredictable directions,
allowing these components to strike the
user or bystanders; (2) the dual cutting
lines were fed and cut off at high speed
and at irregular intervals during use,
allowing the line to strike the user; (3)
the spool line feed guard can fall off
during use, exposing the user to injury
from overly long high speed cutting
line; and (4) the spool housing may
overheat, exposing users to risks of burn
injuries.
(7) Black & Decker first learned of
defects in its Grasshog XP spool cover
in December 2005. It modified the
defective spool cover manufacturing
process and changed the spool cover to
a different material (‘‘the new spool
cover’’) for future production. In January
2006, the firm recalled 9,000 Grasshogs.
In February 2006, Black & Decker
informed the CPSC staff of what it
termed a ‘‘quality’’ problem involving
the original spool cover but did not file
a report under 15 U.S.C. 2064(b) at that
time.
A. Violation of 15 U.S.C. 2068(a)(3),
Failure To Provide Information
Requested by CPSC Staff
Paragraphs one through seven, above,
are hereby incorporated herein by
reference.
(8) Black & Decker received its first
complaints involving Grasshog XP
defects, including problems with the
new replacement spool cover, in midMarch and April 2006. By the end of
May 2006, the Firm had received 80
safety complaints, personal injury
reports and hundreds of warranty
claims involving the Grasshog XP. The
subject of the complaints, reports and
warranty claims were the defects set
forth in Paragraph 6, supra.
(9) In a letter dated May 9, 2006,
CPSC staff asked Black & Decker for full
report information with regard to the
Grasshog XP, including, but not limited
to, the defective spool covers the Firm
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48809
discovered in December 2005 and
replaced in January 2006.
(10) Despite an awareness of the
information set forth in Paragraphs six
and eight, supra, and other information
germane to written questions posed by
the staff on May 9, 2006, Black & Decker
did not comply with the staff written
request to provide a full report
concerning the Grasshog XP. In late May
2006, the firm provided limited,
incomplete information regarding its
January spool cover recall. Among other
acts of omission, it failed to provide
information about defects it discovered
in the replacement spool cover system
used in production from January 2006
forward. These new, defective spool
covers had been intended as the remedy
and were provided as replacement
covers in the firm’s January 2006 recall.
(11) Based upon the incomplete
information provided by Black &
Decker, on June 30, 2006, the staff sent
Black & Decker a letter closing the case
file that had been opened on May 9,
2006. The staff letter of June 30, 2006
reminded Black & Decker of its duty to
immediately report information that the
risk or hazard posed by the Grasshog XP
was greater than or different from that
indicated by the information that had
been supplied by the firm to date.
(12) By June 2006, Black & Decker had
received 216 Grasshog XP safety
complaints and approximately 14
reports of injury. Despite the
Commission staff letters of May 2 and
June 30, 2006 requesting this
information, Black & Decker silently
acquiesced in the file closure without
revealing this information.
(13) Black & Decker waited until
October 2006 to provide information
requested by the staff on May 9, 2006.
By its acts and omissions, the Firm
knowingly violated Section 19(a)(3) of
the CPSA, 15 U.S.C. 2068(a)(3), as the
term ‘‘knowingly’’ is defined in section
20(d) of the CPSA, 15 U.S.C. 2069(d).
B. Violation of 15 U.S.C. 2068(a)(4)
Failure To Furnish Information
Required by Sections 15(b)(3) and (b)(4)
of the CPSA
Paragraphs one through thirteen,
above, are hereby incorporated herein
by reference.
(14) From July through September
2006, Black & Decker continued to
receive large numbers of safety
complaints, injury reports and warranty
claims involving defects in the Grasshog
XP new spool cover, the spool line
feeder, the spool line feed guard and the
spool feed housing (as set forth in
Paragraph 6 above.) Although Black &
Decker had obtained sufficient
information to reasonably support the
E:\FR\FM\09AUN1.SGM
09AUN1
48810
Federal Register / Vol. 76, No. 153 / Tuesday, August 9, 2011 / Notices
conclusion that the Grasshog XP
contained defects which could create a
substantial product hazard, or created
an unreasonable risk of serious injury or
death on or before May 1, 2006, Black
& Decker failed to immediately inform
the Commission of such defects or risks
as required by sections 15(b)(3) and (4)
of the CPSA, 15 U.S.C. 2064(b)(3) and
(4). In failing to do so, Black & Decker
knowingly violated section 19(a)(4) of
the CPSA, 15 U.S.C. 2068(a)(4) as the
term ‘‘knowingly’’ is defined in section
20(d) of the CPSA, 15 U.S.C. 2069(d).
(15) Pursuant to section 20 of the
CPSA, 15 U.S.C. 2069, Black & Decker
is subject to civil penalties for its
knowing failure to report as required
under section 15(b) of the CPSA, 15
U.S.C. § 2064(b).
sroberts on DSK5SPTVN1PROD with NOTICES
Response of Black & Decker (U.S.) Inc.
(16) Black & Decker denies Staff’s
allegations that the Grasshog XP,
contains defects which could create a
substantial product hazard or create an
unreasonable risk of serious injury or
death, and denies that it knowingly
violated Sections 19(a)(3) or 19(a)(4) of
the CPSA. This payment is made in
settlement of the staff allegations.
Neither the payment nor the fact of
entering into this Settlement Agreement,
constitute evidence of or an admission
of, any fault, liability or statutory or
regulatory violation by Black & Decker
or of the truth of any allegations made
by the staff.
Agreement of the Parties
(17) Under the CPSA, the Commission
has jurisdiction over this matter and
over Black & Decker and the Grasshog
XP.
(18) In settlement of the Staff’s
allegations stemming from the Firm’s
importation and distribution of the
Grasshog XP and in reporting to the
Commission, Black & Decker shall pay
a civil penalty in the amount of nine
hundred sixty thousand dollars
($960,000.00) within ten (10) calendar
days of receiving service of the
Commission’s final Order accepting the
Agreement. The payment shall be made
electronically to the CPSC via https://
www.pay.gov .
(19) The parties enter into this
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Black & Decker or a
determination by the Commission that
Black & Decker knowingly violated
Sections 19(a)(3) or 19(a)(4) of the
CPSA.
(20) Upon provisional acceptance of
the Agreement by the Commission, the
Agreement shall be placed on the public
record and published in the Federal
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19:06 Aug 08, 2011
Jkt 223001
Register in accordance with the
procedures set forth in 16 CFR
1118.20(e). 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 16th
calendar day after the date it is
published in the Federal Register, in
accordance with 16 CFR 1118.20(f).
(21) Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, Black &
Decker knowingly, voluntarily and
completely waives any rights it may
have in this matter to the following: (i)
An administrative or judicial hearing;
(ii) judicial review or other challenge or
contest of the Commission’s actions; (iii)
a determination by the Commission as
to whether Black & Decker failed to
comply with the CPSA 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.
(22) The Commission may publicize
the terms of the Agreement and the
Order.
(23) The Agreement and the Order
shall apply to and be binding upon
Black & Decker and each of its parent
corporation(s), successors and/or
assigns.
(24) The Commission issues the Order
under the provisions of the CPSA, and
a violation of the Order may subject
Black & Decker and each of its parent
corporation(s), successors and/or
assigns to appropriate legal action.
(25) 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.
(26) If any provision of the Agreement
or 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 Black &
Decker agree that severing the provision
materially affects the purpose of the
Agreement and Order.
James R. O’Brien, Esquire,
Vice President and Product Liability Counsel,
Black & Decker (U.S.) Inc., 701 East Joppa
Road, Towson, MD 21286.
Dated: 6/27/2011.
By: lllllllllllllllllll
Timothy L. Mullin, Jr.,
Miles & Stockbridge P.C., 10 Light Street,
Baltimore, MD 21202, Counsel for Black &
Decker (U.S.) Inc.
U.S. Consumer Product Safety,
Commission Staff.
Cheryl A. Falvey,
General Counsel.
Mary B. Murphy,
Assistant General Counsel.
Dated: 8/2/2011.
By: lllllllllllllllllll
William J. Moore, Jr.,
Trial Attorney, Division of Compliance,
Office of the General Counsel.
Order
Upon consideration of the Settlement
Agreement entered into between Black
& Decker (U.S.) Inc., its responsible
officials, and their foreign and domestic
corporate parents, affiliates, agents and
employees (collectively ‘‘Black &
Decker’’), and the U.S. Consumer
Product Safety Commission
(‘‘Commission’’) staff, and the
Commission having jurisdiction over
the subject matter and over Black &
Decker, and it appearing that the
Settlement Agreement and the Order are
in the public interest, it is
Ordered that the Settlement
Agreement be, and is, hereby, accepted;
and it is
Further Ordered, that Black & Decker
shall pay a civil penalty in the amount
of nine hundred sixty thousand dollars
($960,000.00) within ten (10) days of
service of the Commission’s final Order
accepting the Settlement Agreement
upon counsel for Black & Decker
identified in the Settlement Agreement.
The payment shall be made
electronically to the CPSC via https://
www.pay.gov. Upon the failure of Black
& Decker to make the foregoing payment
when due, interest on the unpaid
amount shall accrue and be paid by
Black & Decker 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 2nd day
of August, 2011.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
Black & Decker (U.S.) Inc.
[FR Doc. 2011–20086 Filed 8–8–11; 8:45 am]
Dated: 6/27/2011.
By: lllllllllllllllllll BILLING CODE 6355–01–P
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]]>Agencies
[Federal Register Volume 76, Number 153 (Tuesday, August 9, 2011)]
[Notices]
[Pages 48808-48810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20086]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 11-C0008]
Black & Decker (U.S.) 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
[[Page 48809]]
below is a provisionally accepted Settlement Agreement with Black &
Decker (U.S.) Inc., containing a civil penalty of $960,000.00.
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 August 24, 2011.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to Comment 11-C0008, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: William J. Moore, Jr., 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) 504-7583.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: August 2, 2011.
Todd A. Stevenson,
Secretary.
Settlement Agreement
(1) In accordance with 16 CFR 1118.20, Black & Decker (U.S.) Inc.,
its responsible officials, and its foreign and domestic corporate
parents, affiliates, agents and employees (collectively ``Black &
Decker'' or ``the Firm'') and the staff (``Staff'') of the United
States Consumer Product Safety Commission (``Commission'') hereby enter
into this Settlement Agreement (``Agreement'') under the Consumer
Product Safety Act (``CPSA''). The Agreement and the incorporated
attached Order resolve the Staff's allegations set forth below.
The Parties
(2) The Staff is the staff of the Consumer Product Safety
Commission, an independent federal regulatory agency established
pursuant to, and responsible for, the enforcement of the CPSA, 15
U.S.C. 2051-2089.
(3) Black & Decker is a corporation organized and existing under
the laws of the State of Maryland, with its principal corporate office
located at 701 East Joppa Road, Towson, Maryland.
Staff Allegations
(4) Between November 2005 and October 2006, Black & Decker imported
and distributed approximately one hundred thirty-six thousand (136,000)
newly designed electric, hand-held grass trimmer/edgers known as model
GH1000 Grasshog XP (``Grasshog XP''). The Grasshog XPs were sold
through retailers nationwide for approximately $70.00.
(5) The Grasshog XPs are ``consumer products'' and, at all times
relevant hereto, Black & Decker was a ``manufacturer'' of these
consumer products, which were ``distributed in commerce,'' as those
terms are defined or used in sections 3(a)(5), (8) and (11) of the
CPSA, 15 U.S.C. 2052(a)(5), (8) and (11).
(6) The Grasshog XPs contained several defects that presented four
failure modes: (1) The cutting string spool covers and spools can be
projected off the Grasshog XP at high speed in unpredictable
directions, allowing these components to strike the user or bystanders;
(2) the dual cutting lines were fed and cut off at high speed and at
irregular intervals during use, allowing the line to strike the user;
(3) the spool line feed guard can fall off during use, exposing the
user to injury from overly long high speed cutting line; and (4) the
spool housing may overheat, exposing users to risks of burn injuries.
(7) Black & Decker first learned of defects in its Grasshog XP
spool cover in December 2005. It modified the defective spool cover
manufacturing process and changed the spool cover to a different
material (``the new spool cover'') for future production. In January
2006, the firm recalled 9,000 Grasshogs. In February 2006, Black &
Decker informed the CPSC staff of what it termed a ``quality'' problem
involving the original spool cover but did not file a report under 15
U.S.C. 2064(b) at that time.
A. Violation of 15 U.S.C. 2068(a)(3), Failure To Provide Information
Requested by CPSC Staff
Paragraphs one through seven, above, are hereby incorporated herein
by reference.
(8) Black & Decker received its first complaints involving Grasshog
XP defects, including problems with the new replacement spool cover, in
mid-March and April 2006. By the end of May 2006, the Firm had received
80 safety complaints, personal injury reports and hundreds of warranty
claims involving the Grasshog XP. The subject of the complaints,
reports and warranty claims were the defects set forth in Paragraph 6,
supra.
(9) In a letter dated May 9, 2006, CPSC staff asked Black & Decker
for full report information with regard to the Grasshog XP, including,
but not limited to, the defective spool covers the Firm discovered in
December 2005 and replaced in January 2006.
(10) Despite an awareness of the information set forth in
Paragraphs six and eight, supra, and other information germane to
written questions posed by the staff on May 9, 2006, Black & Decker did
not comply with the staff written request to provide a full report
concerning the Grasshog XP. In late May 2006, the firm provided
limited, incomplete information regarding its January spool cover
recall. Among other acts of omission, it failed to provide information
about defects it discovered in the replacement spool cover system used
in production from January 2006 forward. These new, defective spool
covers had been intended as the remedy and were provided as replacement
covers in the firm's January 2006 recall.
(11) Based upon the incomplete information provided by Black &
Decker, on June 30, 2006, the staff sent Black & Decker a letter
closing the case file that had been opened on May 9, 2006. The staff
letter of June 30, 2006 reminded Black & Decker of its duty to
immediately report information that the risk or hazard posed by the
Grasshog XP was greater than or different from that indicated by the
information that had been supplied by the firm to date.
(12) By June 2006, Black & Decker had received 216 Grasshog XP
safety complaints and approximately 14 reports of injury. Despite the
Commission staff letters of May 2 and June 30, 2006 requesting this
information, Black & Decker silently acquiesced in the file closure
without revealing this information.
(13) Black & Decker waited until October 2006 to provide
information requested by the staff on May 9, 2006. By its acts and
omissions, the Firm knowingly violated Section 19(a)(3) of the CPSA, 15
U.S.C. 2068(a)(3), as the term ``knowingly'' is defined in section
20(d) of the CPSA, 15 U.S.C. 2069(d).
B. Violation of 15 U.S.C. 2068(a)(4) Failure To Furnish Information
Required by Sections 15(b)(3) and (b)(4) of the CPSA
Paragraphs one through thirteen, above, are hereby incorporated
herein by reference.
(14) From July through September 2006, Black & Decker continued to
receive large numbers of safety complaints, injury reports and warranty
claims involving defects in the Grasshog XP new spool cover, the spool
line feeder, the spool line feed guard and the spool feed housing (as
set forth in Paragraph 6 above.) Although Black & Decker had obtained
sufficient information to reasonably support the
[[Page 48810]]
conclusion that the Grasshog XP contained defects which could create a
substantial product hazard, or created an unreasonable risk of serious
injury or death on or before May 1, 2006, Black & Decker failed to
immediately inform the Commission of such defects or risks as required
by sections 15(b)(3) and (4) of the CPSA, 15 U.S.C. 2064(b)(3) and (4).
In failing to do so, Black & Decker knowingly violated section 19(a)(4)
of the CPSA, 15 U.S.C. 2068(a)(4) as the term ``knowingly'' is defined
in section 20(d) of the CPSA, 15 U.S.C. 2069(d).
(15) Pursuant to section 20 of the CPSA, 15 U.S.C. 2069, Black &
Decker is subject to civil penalties for its knowing failure to report
as required under section 15(b) of the CPSA, 15 U.S.C. Sec. 2064(b).
Response of Black & Decker (U.S.) Inc.
(16) Black & Decker denies Staff's allegations that the Grasshog
XP, contains defects which could create a substantial product hazard or
create an unreasonable risk of serious injury or death, and denies that
it knowingly violated Sections 19(a)(3) or 19(a)(4) of the CPSA. This
payment is made in settlement of the staff allegations. Neither the
payment nor the fact of entering into this Settlement Agreement,
constitute evidence of or an admission of, any fault, liability or
statutory or regulatory violation by Black & Decker or of the truth of
any allegations made by the staff.
Agreement of the Parties
(17) Under the CPSA, the Commission has jurisdiction over this
matter and over Black & Decker and the Grasshog XP.
(18) In settlement of the Staff's allegations stemming from the
Firm's importation and distribution of the Grasshog XP and in reporting
to the Commission, Black & Decker shall pay a civil penalty in the
amount of nine hundred sixty thousand dollars ($960,000.00) within ten
(10) calendar days of receiving service of the Commission's final Order
accepting the Agreement. The payment shall be made electronically to
the CPSC via https://www.pay.gov .
(19) The parties enter into this Agreement for settlement purposes
only. The Agreement does not constitute an admission by Black & Decker
or a determination by the Commission that Black & Decker knowingly
violated Sections 19(a)(3) or 19(a)(4) of the CPSA.
(20) Upon provisional acceptance of the Agreement by the
Commission, 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). 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
16th calendar day after the date it is published in the Federal
Register, in accordance with 16 CFR 1118.20(f).
(21) Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, Black & Decker knowingly, voluntarily and
completely waives any rights it may have in this matter to the
following: (i) An administrative or judicial hearing; (ii) judicial
review or other challenge or contest of the Commission's actions; (iii)
a determination by the Commission as to whether Black & Decker failed
to comply with the CPSA 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.
(22) The Commission may publicize the terms of the Agreement and
the Order.
(23) The Agreement and the Order shall apply to and be binding upon
Black & Decker and each of its parent corporation(s), successors and/or
assigns.
(24) The Commission issues the Order under the provisions of the
CPSA, and a violation of the Order may subject Black & Decker and each
of its parent corporation(s), successors and/or assigns to appropriate
legal action.
(25) 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.
(26) If any provision of the Agreement or 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 Black & Decker agree that severing the provision materially affects
the purpose of the Agreement and Order.
Black & Decker (U.S.) Inc.
Dated: 6/27/2011.
By:--------------------------------------------------------------------
James R. O'Brien, Esquire,
Vice President and Product Liability Counsel, Black & Decker (U.S.)
Inc., 701 East Joppa Road, Towson, MD 21286.
Dated: 6/27/2011.
By:--------------------------------------------------------------------
Timothy L. Mullin, Jr.,
Miles & Stockbridge P.C., 10 Light Street, Baltimore, MD 21202,
Counsel for Black & Decker (U.S.) Inc.
U.S. Consumer Product Safety,
Commission Staff.
Cheryl A. Falvey,
General Counsel.
Mary B. Murphy,
Assistant General Counsel.
Dated: 8/2/2011.
By:--------------------------------------------------------------------
William J. Moore, Jr.,
Trial Attorney, Division of Compliance, Office of the General
Counsel.
Order
Upon consideration of the Settlement Agreement entered into between
Black & Decker (U.S.) Inc., its responsible officials, and their
foreign and domestic corporate parents, affiliates, agents and
employees (collectively ``Black & Decker''), and the U.S. Consumer
Product Safety Commission (``Commission'') staff, and the Commission
having jurisdiction over the subject matter and over Black & Decker,
and it appearing that the Settlement Agreement and the Order are in the
public interest, it is
Ordered that the Settlement Agreement be, and is, hereby, accepted;
and it is
Further Ordered, that Black & Decker shall pay a civil penalty in
the amount of nine hundred sixty thousand dollars ($960,000.00) within
ten (10) days of service of the Commission's final Order accepting the
Settlement Agreement upon counsel for Black & Decker identified in the
Settlement Agreement. The payment shall be made electronically to the
CPSC via https://www.pay.gov. Upon the failure of Black & Decker to make
the foregoing payment when due, interest on the unpaid amount shall
accrue and be paid by Black & Decker 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 2nd day
of August, 2011.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-20086 Filed 8-8-11; 8:45 am]
BILLING CODE 6355-01-P
