Bad Boy Enterprises, LLC, Provisional Acceptance of a Settlement Agreement and Order, 58784-58786 [2011-24343]
Download as PDF
<![CDATA[
58784
Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices
Atmospheric Administration (NOAA),
Commerce.
ACTION: Council to convene a public
meeting.
The Gulf of Mexico Fishery
Management Council will convene a
meeting of the Standing, Special Shrimp
and Special Reef Fish Scientific and
Statistical Committees (SSC).
DATES: The meeting will convene at 1
p.m. on Tuesday, October 11, 2011 and
conclude by 12 p.m., Thursday, October
13, 2011.
ADDRESSES: The meeting will be held at
the Gulf of Mexico Fishery Management
Council, 2203 North Lois Avenue, Suite
1100, Tampa, FL 33607.
Council address: Gulf of Mexico
Fishery Management Council, 2203 N.
Lois Avenue, Suite 1100, Tampa, FL
33607.
FOR FURTHER INFORMATION CONTACT:
Steven Atran, Population Dynamics
Statistician; Gulf of Mexico Fishery
Management Council; telephone: (813)
348–1630.
SUPPLEMENTARY INFORMATION: The
Standing and Special Shrimp SSC will
meet jointly on Tuesday, October 11,
2011 to review benchmark stock
assessments on brown shrimp, white
shrimp and pink shrimp, and may
consider recommending definitions of
overfishing limit (OFL) and acceptable
biological catch (ABC) based on those
assessments. The remainder of the
meeting will be a joint meeting of the
Standing and Special Reef Fish SSC.
The Standing and Special Reef Fish SSC
will review and make recommendations
on the SEDAR stock assessment
schedule. The SSC will then review
update assessments of gray triggerfish
and vermilion snapper, and will
recommend OFL and ABC for those
stocks based on the assessments. The
SSC will also discuss data needs from
the Southeast Fisheries Science Center
in order to reevaluate the 2012 red
snapper annual catch limit during their
next meeting. A representative from the
Southeast Regional Office will present
the methodology used to calculate the
length of the red snapper recreational
season, and will review a set of Excel
spreadsheets used as decision tools for
evaluating commercial and recreational
greater amberjack management
measures under Reef Fish Amendment
35. SSC members who attended the
October 4–6, 2011 National SSC meeting
in Williamsburg, VA will give a report
on that meeting, and the Chair of the
Ecosystem SSC will present a summary
of the September 15, 2011 Ecosystem
SSC webinar. The SSC will then discuss
possible revisions to the definition of
jlentini on DSK4TPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:29 Sep 21, 2011
Jkt 223001
optimum yield based on the revised
National Standard 1 guidelines, and will
review the tentative schedule of SSC
meetings planned for 2012.
Copies of the agenda and other related
materials can be obtained by calling
(813) 348–1630 or can be downloaded
from the Council’s ftp site,
ftp.gulfcouncil.org.
Although other non-emergency issues
not on the agenda may come before the
Scientific and Statistical Committees for
discussion, in accordance with the
Magnuson-Stevens Fishery
Conservation and Management Act,
those issues may not be the subject of
formal action during this meeting.
Actions of the Scientific and Statistical
Committees will be restricted to those
issues specifically identified in the
agenda 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 action to
address the emergency.
DATES:
Special Accommodations
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Bad Boy Enterprises, LLC (‘‘Bad Boy’’)
and 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
Staff’s allegations set forth below.
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Kathy Pereira at the Council (see
ADDRESSES) at least 5 working days prior
to the meeting.
Dated: September 16, 2011.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–24302 Filed 9–21–11; 8:45 am]
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 11–C0011]
Bad Boy Enterprises, LLC, 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
below is a provisionally-accepted
Settlement Agreement with Bad Boy
Enterprises, LLC, containing a civil
penalty of $715,000.00.
SUMMARY:
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
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 7,
2011.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 11–C0011, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Belinda V. Bell, Trial Attorney, Division
of Compliance, Office of the General
Counsel, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, Maryland 20814–4408;
telephone (301) 504–7592.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: September 16, 2011.
Todd A. Stevenson,
Secretary.
The Parties
2. Staff is the staff of the Commission,
an independent federal regulatory
agency established pursuant to, and
responsible for, the enforcement of the
CPSA, 15 U.S.C. 2051–2089.
3. Bad Boy is a corporation, organized
and existing under the laws of the State
of Mississippi, with its principal
corporate office located at 413 Liberty
Road, Natchez, Mississippi 39120.
Staff Allegations
4. Between 2003 and October 2009,
Bad Boy manufactured and distributed
approximately nine thousand three
hundred (9,300) off-road utility buggy
vehicles (‘‘Buggies’’). Buggies
distributed by Bad Boy between 2003
and 2007, were manufactured with the
Series motor, and an accelerator and
controller system designed for the Series
motor (‘‘Series Buggies’’). Buggies
distributed by Bad Boy between 2007
and 2009, were manufactured with a
‘‘separately excited’’ motor, and an
accelerator and controller system
designed for the separately excited
E:\FR\FM\22SEN1.SGM
22SEN1
jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices
motor (‘‘SePex Buggies’’). Retailers and
authorized Bad Boy distributors sold the
Series and SePex Buggies nationwide
for approximately between $8,000 and
$12,000.
5. The Buggies are ‘‘consumer
products’’ and, at all relevant times, Bad
Boy 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 Buggies are defective because
they can accelerate suddenly during use
or when the ignition is in the idle
position, creating a runaway vehicle
situation.
7. Bad Boy received its first complaint
involving sudden acceleration of a
Series Buggy in April 2005.
8. In spring 2007, Bad Boy began
manufacturing and distributing SePex
Buggies.
9. By spring 2008, Bad Boy was aware
of at least 10 reports of sudden
acceleration Buggies.
10. In May 2008, Bad Boy developed
new software to remedy the sudden
acceleration problem exhibited by the
SePex Buggies. Bad Boy implemented
the software repair program without
notifying the Commission of the sudden
acceleration problem. Despite
knowledge of the information set forth
in Paragraphs 5 through 9, Bad Boy did
not report to the Commission until
August 13, 2009. At that time, Bad Boy
reported to the Commission about the
SePex Buggies only. By that date, Bad
Boy was aware of at least thirty two (32)
reports involving sudden acceleration of
the SePex Buggies and aware of at least
twenty two (22) sudden acceleration
reports of the Series Buggies. Bad Boy
recalled the SePex Buggies on October
21, 2009.
11. In May 2010, Bad Boy developed
a second repair program for the SePex
Buggies to address continued reports of
sudden acceleration. On May 28, 2010,
Bad Boy finally reported the Series
Buggies and notified the Commission
that the Firm was including them in the
expanded repair program. By this time,
Bad Boy was aware of thirty-three (33)
reports of sudden acceleration involving
the Series Buggies. On December 22,
2010, Bad Boy announced the recall of
the Series Buggies along with the
second SePex Buggy recall.
12. Although Bad Boy had obtained
sufficient information to reasonably
support the conclusion that the Buggies
contained a defect which could create a
substantial product hazard, or created
an unreasonable risk of serious injury or
death, Bad Boy failed to inform the
Commission immediately of such defect
VerDate Mar<15>2010
17:29 Sep 21, 2011
Jkt 223001
or risk, as required by sections 15(b)(3)
and (4) of the CPSA, 15 U.S.C.
2064(b)(3) and (4). In failing to inform
the Commission immediately of the
defect or advising that the defect
involved the Buggies, Bad Boy
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).
13. Pursuant to section 20 of the
CPSA, 15 U.S.C. 2069, Bad Boy 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).
Response of Bad Boy Enterprises LLC
14. Bad Boy denies the allegations of
Staff that the Buggies contain a defect
which could create a substantial
product hazard or create an
unreasonable risk of serious injury or
death, and denies that it violated the
reporting requirements of Section 15(b)
of the CPSA, 15 U.S.C. § 2064(b).
Agreement of the Parties
15. Under the CPSA, the Commission
has jurisdiction over this matter and
over Bad Boy.
16. In settlement of Staff’s allegations,
Bad Boy shall pay a civil penalty in the
amount of seven hundred fifteen
thousand dollars ($715,000.00) within
twenty (20) 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.
17. The parties enter into this
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Bad Boy or a
determination by the Commission that
Bad Boy violated the CPSA’s reporting
requirements.
18. 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).
19. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, Bad Boy
knowingly, voluntarily, and completely
waives any rights it may have in this
matter to the following: (a) An
administrative or judicial hearing; (b)
judicial review or other challenge or
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
58785
contest of the Commission’s actions; (c)
a determination by the Commission of
whether Bad Boy failed to comply with
the CPSA and the underlying
regulations; (d) a statement of findings
of fact and conclusions of law; and (e)
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,
Bad Boy and each of its successors and/
or assigns until the obligations
described in Paragraph 16 have been
fulfilled to the satisfaction of the
Commission.
22. The Commission issues the Order
under the provisions of the CPSA, and
a violation of the Order may subject Bad
Boy and each of its successors and/or
assigns to appropriate legal action until
the obligations described in Paragraph
16 have been fulfilled to the satisfaction
of the Commission.
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 the terms or the Agreement
and the Order. 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
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 Bad Boy
agree that severing the provision
materially affects the purpose of the
Agreement and Order.
Bad Boy Enterprises LLC
Dated: July 26, 2011.
By: lllllllllllllllllll
John Dale, IV,
Managing Member, Bad Boy Enterprises, LLC,
413 Liberty Road, Natchez, Mississippi
39120.
Dated: July 26, 2011.
By: lllllllllllllllllll
Patrick P. Burns, Jr.,
Managing Member, Bad Boy Enterprises, LLC,
413 Liberty Road, Natchez, Mississippi
39120.
Dated: August 1, 2011.
By: lllllllllllllllllll
Erika Z. Jones, Esquire,
E:\FR\FM\22SEN1.SGM
22SEN1
58786
Federal Register / Vol. 76, No. 184 / Thursday, September 22, 2011 / Notices
Mayer Brown LLP, 1999 K Street, NW.,
Washington, DC 20006–1101, Counsel for
Bad Boy Enterprises LLC.
U.S. Consumer Product Safety
Commission Staff.
Cheryl A. Falvey,
General Counsel.
Mary B. Murphy,
Assistant General Counsel.
Dated: September 6, 2011.
By: lllllllllllllllllll
Belinda V. Bell,
Trial Attorney, Division of Compliance,
Office of the General Counsel.
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No.: 11–C0011]
In the Matter of: Bad Boy Enterprises,
LLC
Order
jlentini on DSK4TPTVN1PROD with NOTICES
Upon consideration of the Settlement
Agreement entered into between Bad
Boy Enterprises, LLC. (‘‘Bad Boy’’), and
the U.S. Consumer Product Safety
Commission (‘‘Commission’’) staff, and
the Commission having jurisdiction
over the subject matter and over Bad
Boy, 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 Bad Boy shall
pay a civil penalty in the amount of
seven hundred fifteen thousand dollars
($715,000.00) within twenty (20) days of
service of the Commission’s final Order
accepting the Settlement Agreement
upon counsel for Bad Boy identified in
the Settlement Agreement. The payment
shall be made electronically to the CPSC
via https://www.pay.gov. Upon the
failure of Bad Boy to make the foregoing
payment when due, interest on the
unpaid amount shall accrue and be paid
by Bad Boy 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 16th day of September,
2011.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2011–24343 Filed 9–21–11; 8:45 am]
BILLING CODE 6355–01–P
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
Office of the Secretary
Office of the Secretary
Meeting of the Defense Acquisition
University Board of Visitors
[Docket ID DOD–2011–OS–0101]
Defense Acquisition
University, Department of Defense
(DoD).
ACTION: Notice of open meeting.
AGENCY:
Under the provisions of the
Federal Advisory Committee Act of
1972 (5 U.S.C., Appendix, as amended),
the Government in the Sunshine Act of
1976 (5 U.S.C. 552b, as amended), and
41 CFR 102–3.150, the Department of
Defense announces that the following
Federal advisory committee meeting of
the Defense Acquisition University
Board of Visitors will take place.
DATES: Thursday, October 13, 2011,
from 8:30 a.m.–11:45 a.m.
ADDRESSES: Hirsch Center, Building
226, Defense Acquisition University,
9820 Belvoir Rd., Fort Belvoir, VA
22060.
FOR FURTHER INFORMATION CONTACT:
Christen Goulding, Protocol Director,
DAU: Phone: 703–805–5134, Fax: 703–
805–5940, E-mail:
christen.goulding@dau.mil.
SUPPLEMENTARY INFORMATION: Purpose of
the Meeting: The purpose of this
meeting is to report back to the Board
of Visitors on continuing items of
interest.
SUMMARY:
Agenda:
8:30 a.m.—Welcome and approval of
minutes.
8:35 a.m.—Certification to Qualification.
9:15 a.m.—Distinguished Faculty.
10:15 a.m.—Mission Assistance.
11 a.m.—DCMA Partnership Agreement.
11:45 a.m.—Adjourn.
Public’s Accessibility to the Meeting
Pursuant to 5 U.S.C. 552b and 41 CFR
102–3.140 through 102–3.165, and the
availability of space, this meeting is
open to the public. However, because of
space limitations, allocation of seating
will be made on a first-come, first
served basis. Persons desiring to attend
the meeting should call Ms. Christen
Goulding at 703–805–5134.
Committee’s Designated Federal
Officer or Point of Contact: Ms. Kelley
Berta, 703–805–5412.
Dated: September 19, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2011–24351 Filed 9–21–11; 8:45 am]
BILLING CODE 5001–06–P
VerDate Mar<15>2010
17:29 Sep 21, 2011
Jkt 223001
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Privacy Act of 1974; Systems of
Records
National Security Agency/
Central Security Service, Department of
Defense (DoD).
ACTION: Notice to Amend a System of
Records.
AGENCY:
The National Security Agency
(NSA) is proposing to amend a system
of records notice in its existing
inventory of records systems subject to
the Privacy Act of 1974 (5 U.S.C. 552a),
as amended.
DATES: This proposed action will be
effective without further notice on
October 24, 2011 unless comments are
received which result in a contrary
determination.
ADDRESSES: You may submit comments,
identified by docket number and title,
by any of the following methods:
• Federal Rulemaking Portal: https://
www.regulations.gov.
Follow the instructions for submitting
comments.
• Mail: Federal Docket Management
System Office, 4800 Mark Center Drive,
2nd floor, East Tower, Suite 02G09,
Alexandria, VA 22350–3100.
• 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.
SUMMARY:
Ms.
Anne Hill, National Security Agency/
Central Security Service, Freedom of
Information Act and Privacy Act Office,
9800 Savage Road, Suite 6248, Ft.
George G. Meade, MD 20755–6248, or
by phone at (301) 688–6527.
SUPPLEMENTARY INFORMATION: The
National Security Agency/Central
Security System systems of records
notices subject to the Privacy Act of
1974 (5 U.S.C. 552a), as amended, have
been published in the Federal Register
and are available from the address in
FOR FURTHER INFORMATION CONTACT.
The specific changes to the records
system being amended are set forth
below followed by the notice, as
amended, published in its entirety. The
proposed amendment is not within the
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\22SEN1.SGM
22SEN1
]]>Agencies
[Federal Register Volume 76, Number 184 (Thursday, September 22, 2011)]
[Notices]
[Pages 58784-58786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24343]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 11-C0011]
Bad Boy Enterprises, LLC, 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
Bad Boy Enterprises, LLC, containing a civil penalty of $715,000.00.
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 7, 2011.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 11-C0011, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: Belinda V. Bell, Trial Attorney,
Division of Compliance, Office of the General Counsel, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-
4408; telephone (301) 504-7592.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: September 16, 2011.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20, Bad Boy Enterprises, LLC
(``Bad Boy'') and 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 Staff's allegations set forth below.
The Parties
2. Staff is the staff of the Commission, an independent federal
regulatory agency established pursuant to, and responsible for, the
enforcement of the CPSA, 15 U.S.C. 2051-2089.
3. Bad Boy is a corporation, organized and existing under the laws
of the State of Mississippi, with its principal corporate office
located at 413 Liberty Road, Natchez, Mississippi 39120.
Staff Allegations
4. Between 2003 and October 2009, Bad Boy manufactured and
distributed approximately nine thousand three hundred (9,300) off-road
utility buggy vehicles (``Buggies''). Buggies distributed by Bad Boy
between 2003 and 2007, were manufactured with the Series motor, and an
accelerator and controller system designed for the Series motor
(``Series Buggies''). Buggies distributed by Bad Boy between 2007 and
2009, were manufactured with a ``separately excited'' motor, and an
accelerator and controller system designed for the separately excited
[[Page 58785]]
motor (``SePex Buggies''). Retailers and authorized Bad Boy
distributors sold the Series and SePex Buggies nationwide for
approximately between $8,000 and $12,000.
5. The Buggies are ``consumer products'' and, at all relevant
times, Bad Boy 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 Buggies are defective because they can accelerate suddenly
during use or when the ignition is in the idle position, creating a
runaway vehicle situation.
7. Bad Boy received its first complaint involving sudden
acceleration of a Series Buggy in April 2005.
8. In spring 2007, Bad Boy began manufacturing and distributing
SePex Buggies.
9. By spring 2008, Bad Boy was aware of at least 10 reports of
sudden acceleration Buggies.
10. In May 2008, Bad Boy developed new software to remedy the
sudden acceleration problem exhibited by the SePex Buggies. Bad Boy
implemented the software repair program without notifying the
Commission of the sudden acceleration problem. Despite knowledge of the
information set forth in Paragraphs 5 through 9, Bad Boy did not report
to the Commission until August 13, 2009. At that time, Bad Boy reported
to the Commission about the SePex Buggies only. By that date, Bad Boy
was aware of at least thirty two (32) reports involving sudden
acceleration of the SePex Buggies and aware of at least twenty two (22)
sudden acceleration reports of the Series Buggies. Bad Boy recalled the
SePex Buggies on October 21, 2009.
11. In May 2010, Bad Boy developed a second repair program for the
SePex Buggies to address continued reports of sudden acceleration. On
May 28, 2010, Bad Boy finally reported the Series Buggies and notified
the Commission that the Firm was including them in the expanded repair
program. By this time, Bad Boy was aware of thirty-three (33) reports
of sudden acceleration involving the Series Buggies. On December 22,
2010, Bad Boy announced the recall of the Series Buggies along with the
second SePex Buggy recall.
12. Although Bad Boy had obtained sufficient information to
reasonably support the conclusion that the Buggies contained a defect
which could create a substantial product hazard, or created an
unreasonable risk of serious injury or death, Bad Boy failed to inform
the Commission immediately of such defect or risk, as required by
sections 15(b)(3) and (4) of the CPSA, 15 U.S.C. 2064(b)(3) and (4). In
failing to inform the Commission immediately of the defect or advising
that the defect involved the Buggies, Bad Boy 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).
13. Pursuant to section 20 of the CPSA, 15 U.S.C. 2069, Bad Boy 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).
Response of Bad Boy Enterprises LLC
14. Bad Boy denies the allegations of Staff that the Buggies
contain a defect which could create a substantial product hazard or
create an unreasonable risk of serious injury or death, and denies that
it violated the reporting requirements of Section 15(b) of the CPSA, 15
U.S.C. Sec. 2064(b).
Agreement of the Parties
15. Under the CPSA, the Commission has jurisdiction over this
matter and over Bad Boy.
16. In settlement of Staff's allegations, Bad Boy shall pay a civil
penalty in the amount of seven hundred fifteen thousand dollars
($715,000.00) within twenty (20) 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.
17. The parties enter into this Agreement for settlement purposes
only. The Agreement does not constitute an admission by Bad Boy or a
determination by the Commission that Bad Boy violated the CPSA's
reporting requirements.
18. 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).
19. Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, Bad Boy knowingly, voluntarily, and
completely waives any rights it may have in this matter to the
following: (a) An administrative or judicial hearing; (b) judicial
review or other challenge or contest of the Commission's actions; (c) a
determination by the Commission of whether Bad Boy failed to comply
with the CPSA and the underlying regulations; (d) a statement of
findings of fact and conclusions of law; and (e) 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, Bad Boy and each of its successors and/or assigns until the
obligations described in Paragraph 16 have been fulfilled to the
satisfaction of the Commission.
22. The Commission issues the Order under the provisions of the
CPSA, and a violation of the Order may subject Bad Boy and each of its
successors and/or assigns to appropriate legal action until the
obligations described in Paragraph 16 have been fulfilled to the
satisfaction of the Commission.
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 the terms or the Agreement and the Order. 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 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 Bad Boy agree that severing the provision materially affects the
purpose of the Agreement and Order.
Bad Boy Enterprises LLC
Dated: July 26, 2011.
By:--------------------------------------------------------------------
John Dale, IV,
Managing Member, Bad Boy Enterprises, LLC, 413 Liberty Road,
Natchez, Mississippi 39120.
Dated: July 26, 2011.
By:--------------------------------------------------------------------
Patrick P. Burns, Jr.,
Managing Member, Bad Boy Enterprises, LLC, 413 Liberty Road,
Natchez, Mississippi 39120.
Dated: August 1, 2011.
By:--------------------------------------------------------------------
Erika Z. Jones, Esquire,
[[Page 58786]]
Mayer Brown LLP, 1999 K Street, NW., Washington, DC 20006-1101,
Counsel for Bad Boy Enterprises LLC.
U.S. Consumer Product Safety
Commission Staff.
Cheryl A. Falvey,
General Counsel.
Mary B. Murphy,
Assistant General Counsel.
Dated: September 6, 2011.
By:--------------------------------------------------------------------
Belinda V. Bell,
Trial Attorney, Division of Compliance, Office of the General
Counsel.
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No.: 11-C0011]
In the Matter of: Bad Boy Enterprises, LLC
Order
Upon consideration of the Settlement Agreement entered into between
Bad Boy Enterprises, LLC. (``Bad Boy''), and the U.S. Consumer Product
Safety Commission (``Commission'') staff, and the Commission having
jurisdiction over the subject matter and over Bad Boy, 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 Bad Boy shall pay a civil penalty in the
amount of seven hundred fifteen thousand dollars ($715,000.00) within
twenty (20) days of service of the Commission's final Order accepting
the Settlement Agreement upon counsel for Bad Boy identified in the
Settlement Agreement. The payment shall be made electronically to the
CPSC via https://www.pay.gov. Upon the failure of Bad Boy to make the
foregoing payment when due, interest on the unpaid amount shall accrue
and be paid by Bad Boy 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 16th
day of September, 2011.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-24343 Filed 9-21-11; 8:45 am]
BILLING CODE 6355-01-P
