Nordica USA, Provisional Acceptance of a Settlement Agreement and Order, 62785-62787 [2011-26162]
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Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Notices
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action. Therefore, NMFS has
determined that the total taking of
affected species or stocks would not
have an unmitigable adverse impact on
the availability of such species or stocks
for taking for subsistence purposes.
Endangered Species Act (ESA)
On February 5, 2007, NMFS
concluded consultation with MARAD
and the USCG, under section 7 of the
ESA, on the proposed construction and
operation of the Northeast Gateway LNG
facility and issued a biological opinion.
The finding of that consultation was
that the construction and operation of
the Northeast Gateway LNG terminal
may adversely affect, but is not likely to
jeopardize, the continued existence of
northern right, humpback, and fin
whales, and is not likely to adversely
affect sperm, sei, or blue whales and
Kemp’s ridley, loggerhead, green or
leatherback sea turtles. An incidental
take statement (ITS) was issued
following NMFS’ issuance of the 2007
IHA.
On November 15, 2007, Northeast
Gateway and Algonquin submitted a
letter to NMFS requesting an extension
for the LNG Port construction into
December 2007. Upon reviewing
Northeast Gateway’s weekly marine
mammal monitoring reports submitted
under the previous IHA, NMFS
recognized that the potential take of
some marine mammals resulting from
the LNG Port and Pipeline Lateral by
Level B behavioral harassment likely
had exceeded the original take
estimates. Therefore, NMFS Northeast
Region (NER) reinitiated consultation
with MARAD and USCG on the
construction and operation of the
Northeast Gateway LNG facility. On
November 30, 2007, NMFS NER issued
a revised biological opinion, reflecting
the revised construction time period
and including a revised ITS. This
revised biological opinion concluded
that the construction and operation of
the Northeast Gateway LNG terminal
may adversely affect, but is not likely to
jeopardize, the continued existence of
northern right, humpback, and fin
whales, and is not likely to adversely
affect sperm, sei, or blue whales.
NMFS’ Permits, Conservation and
Education division has determined that
the activities described in here are the
same as those analyzed in the revised
2007 biological opinion. Therefore, a
new consultation is not required for
issuance of this IHA.
National Environmental Policy Act
MARAD and the USCG released a
Final EIS/Environmental Impact Report
(EIR) for the proposed Northeast
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Gateway Port and Pipeline Lateral. A
notice of availability was published by
MARAD on October 26, 2006 (71 FR
62657). The Final EIS/EIR provides
detailed information on the proposed
project facilities, construction methods
and analysis of potential impacts on
marine mammals.
NMFS was a cooperating agency
(as defined by the Council on
Environmental Quality (40 CFR 1501.6))
in the preparation of the Draft and Final
EISs. NMFS reviewed the Final EIS and
adopted it on May 4, 2007. NMFS
issued a separate Record of Decision for
issuance of authorizations pursuant to
section 101(a)(5) of the MMPA for the
construction and operation of the
Northeast Gateway’s LNG Port Facility
in Massachusetts Bay.
Determinations
NMFS has determined that the
operation and maintenance activities of
the Northeast Gateway Port facility may
result, at worst, in a temporary
modification in behavior of small
numbers of certain species of marine
mammals that may be in close
proximity to the Northeast Gateway
LNG facility. These activities are
expected to result in some local shortterm displacement only of the affected
species or stocks of marine mammals.
Taking these two factors together, NMFS
concludes that the activity will have no
more than a negligible impact on the
affected species or stocks, as there will
be no expected effects on annual rates
of survival and reproduction of these
species or stocks. This determination is
further supported by the required
mitigation, monitoring, and reporting
measures described in this document.
As a result of implementation of the
described mitigation and monitoring
measures, no take by injury or death
would be requested, anticipated or
authorized, and the potential for
temporary or permanent hearing
impairment is very unlikely due to the
relatively low noise levels (and
consequently small zone of impact
relative to the size of Massachusetts
Bay).
While the number of marine
mammals that may be harassed will
depend on the distribution and
abundance of marine mammals in the
vicinity of the LNG Port facility, the
estimated numbers of marine mammals
to be harassed are small relative to the
affected species or stock sizes.
Authorization
NMFS has issued an IHA to Northeast
Gateway for conducting LNG Port
facility operations in Massachusetts
Bay, provided the previously mentioned
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62785
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: October 4, 2011.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2011–26200 Filed 10–7–11; 8:45 am]
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 12–C0001]
Nordica USA, 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 Nordica
USA, containing a civil penalty of
$214,000.00.
SUMMARY:
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
26, 2011.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 12–C0001, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT:
Dennis C. Kacoyanis, General 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) 504–7587.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
DATES:
Dated: October 4, 2011.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Nordica USA (‘‘Nordica’’) and staff of
the United States Consumer Product
Safety Commission (‘‘Commission’’)
enter into this Settlement Agreement
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62786
Federal Register / Vol. 76, No. 196 / Tuesday, October 11, 2011 / Notices
(‘‘Agreement’’) under the Consumer
Product Safety Act (‘‘CPSC’’). The
Agreement and the incorporated
attached Order (‘‘Order’’) resolve the
allegations set forth below.
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Parties
2. ‘‘Staff’’ is staff of the United States
Consumer Product Safety Commission,
an independent federal regulatory
agency established pursuant to, and
responsible for the enforcement of, the
Consumer Product Safety Act, 15 U.S.C.
2051–2089 (‘‘CPSA’’).
3. Nordica is a corporation organized
and existing under the laws of New
Hampshire, with its principal corporate
offices located in West Lebanon, New
Hampshire. Nordica is a division of
Tecnica Group USA.
Staff Allegations
4. From August 2006 through
December 2008, Nordica imported and
sold to ski retailers about 4,500 pairs of
XBI ALU Skis (‘‘Skis’’). The binding
plates on the skis could crack or break
causing the skier to lose control or fall
and suffer injuries.
5. The Skis are ‘‘consumer products,’’
and, at all relevant times, Nordica was
a ‘‘manufacturer’’ of those 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. Beginning in December 2007, one
of Nordica’s retail customers advised
Nordica that it had received calls with
comments about the Skis’ binding plates
cracking and breaking. The retail
customer requested replacement parts
for the broken binding plates.
7. In March 2008, Nordica received a
report from another retail customer
about the Skis’ binding plates breaking.
Also in March 2008, Nordica employees
identified numerous incidents of the
Skis’ binding plates cracking and
breaking. Nordica advised the foreign
manufacturer of the retail customers’
claims of the Skis’ binding plates
cracking and breaking. Nordica asked
the foreign manufacturer to provide
Nordica with 25 pairs of replacement
binding plates for the Skis.
8. Through April 2008, Nordica
continued to receive reports of the Skis’
binding plates breaking. By the end of
April 2008, Nordica knew of at least 20
claims of broken Skis binding plates.
9. On or about Aug. 4, 2008, Nordica
received an in-depth epidemiologic
investigation report from the
Commission about the Skis’ binding
plates breaking.
10. In September 2008, Nordica
learned that the foreign manufacturer
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20:47 Oct 07, 2011
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had redesigned the Ski’s binding plate.
Nordica did not ask the foreign
manufacturer until December 2008, why
it had redesigned the Ski’s binding
plate. At that time, Nordica learned that
the foreign manufacturer had redesigned
the Ski’s binding plate because of the
cracking and breakage problem.
11. Nordica continued to investigate
the binding plate problem throughout
the fall of 2008. Nordica discovered that
it had about 200 reports of warranty
claims related to the Skis’ binding plates
cracking and breaking.
12. Despite being aware of the
information in paragraphs 7 through 12,
Nordica did not report to the
Commission until December 3, 2008. By
that time, Nordica was aware of at least
200 reports of the Skis’ binding plates
cracking and breaking.
13. Nordica obtained information that
reasonably supported the conclusion
that the Skis’ binding plates contained
a defect that could create a substantial
product hazard or that the Skis’ binding
plates created an unreasonable risk of
serious injury or death. This knowledge
required Nordica to immediately inform
the Commission of the defect and risk
associated with the Skis’ binding plates,
as required by section 15(b)(3) and (4)
of the CPSA, 15 U.S.C. 2064(b)(3) and
(4).
14. Nordica knowingly failed to
inform the Commission immediately
about the Skis’ binding plates, as
required by CPSA sections 15(b)(3) and
(4), 15 U.S.C. 2064(b)(3) and (4), and as
the term ‘‘knowingly’’ is defined in
CPSA section 20(d), 15 U.S.C. 2069(d).
This failure violated CPSA section
19(a)(4), 15 U.S.C. 2068(a)(4). Pursuant
to CPSA section 20, 15 U.S.C. 2069, this
failure subjected Nordica to civil
penalties.
Nordica’s Response
15. Nordica denies Staff’s allegations
that the Skis’ binding plates contain
defects that could create a substantial
product hazard or create an
unreasonable risk of serious injury or
death, and further denies that it violated
the reporting requirements of Section
15(b) of the CPSA, 15 U.S.C. 2064(b).
16. Nordica states that it is not aware
of any reports of injury associated with
cracking or breakage of the binding
plates any time from the beginning of
distribution (2006) up to and including
the present date (2011).
17. On or about August 4, 2008,
Nordica received a CPSC Incident
Report that had been submitted by a
consumer concerning breakage of an
XBI Alu Ski. Nordica immediately
began investigating whether cracking or
breakage of the XBI Alu Ski presented
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Frm 00032
Fmt 4703
Sfmt 4703
a potential safety concern. Following
extensive investigation, and based upon
review of the available information—
including, but not limited to, the
absence of any reported injuries and test
results provided by the manufacturer—
Nordica did not and still does not
believe that the XBI Alu binding plate
ski contained a defect that could present
a substantial product hazard or created
an unreasonable risk of serious injury or
death. Out of an abundance of caution,
Nordica wished to replace any binding
plates due to potential risk of cracking.
Nordica therefore notified CPSC in
December 2008 of its willingness to
conduct a Fast Track recall in full
cooperation with CPSC.
Agreement of the Parties
18. Under the CPSA, the Commission
has jurisdiction over this matter and
over Nordica.
19. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Nordica, or a
determination by the Commission, that
Nordica knowingly violated the CPSA.
20. In settlement of Staff’s allegations,
Nordica must pay a civil penalty in the
amount of two hundred-fourteen
thousand dollars ($214,000.00). The
civil penalty shall be paid 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.
21. The parties enter into this
Agreement for settlement purposes. The
Agreement does not constitute an
admission by Nordica or a
determination by the Commission that
Nordica violated the CPSA’s reporting
requirements, or that the Skis’ binding
plates presented a substantial product
hazard.
22. Upon provisional acceptance of
the Agreement, the Agreement shall be
placed on the public record and
published in the Federal Register in
accordance with the procedures set
forth in 16 CFR 1118.20(e). Pursuant to
16 CFR 1118.20(f), if the Commission
does not receive any written request not
to accept the Agreement within fifteen
(15) calendar days, the Agreement shall
be deemed finally accepted on the
sixteenth (16th) calendar day after the
date it is published in the Federal
Register, in accordance with 16 CFR
1118.20(f).
23. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, Nordica
knowingly, voluntarily, and completely
waives any rights it may have in this
matter to the following: (1) An
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administrative or judicial hearing; (2)
judicial review or other challenge or
contest of the validity of the Order or of
the Commission’s actions; (3) a
determination by the Commission of
whether Nordica failed to comply with
the CPSA and its underlying
regulations; (4) a statement of findings
of fact and conclusions of law; and (5)
any claims under the Equal Access to
Justice Act.
24. The Commission may publicize
the terms of the Agreement and the
Order.
25. The Agreement and the Order
shall apply to, and be binding upon,
Nordica and each of its successors and
assigns.
26. The Commission issues the Order
under the provisions of the CPSA, and
a violation of the Order may subject
Nordica and each of its successors and
assigns to appropriate legal action.
27. 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
cannot 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.
28. If any provision of the Agreement
and the Order is held to be illegal,
invalid, or unenforceable under present
or future laws effective during the terms
of the Agreement and the Order, such
provision shall be fully severable. The
balance of the provisions in the
Agreement and the Order shall remain
in full force and effect, unless the
Commission and Nordica agree that the
severed provision materially affects the
purpose of the Agreement and the
Order.
Nordica Usa
Dated: September 6, 2011.
By:
llllllllllllllllll
Willy Booker,
President, Nordica USA, 19 Technology
Drive, West Lebanon, NH 03784.
Dated: September 12, 2011.
By:
llllllllllllllllll
Eric A. Rubel, Esquire,
Arnold & Porter, LLP, 555 Twelfth Street,
NW., Washington, DC 20004–1206, Counsel
for Nordica USA.
U.S. Consumer Product Safety Commission
Staff.
Cheryl A. Falvey,
General Counsel.
Melissa V. Hampshire,
Assistant General Counsel, Office of the
General Counsel.
Dated: September 22, 2011.
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20:47 Oct 07, 2011
Jkt 226001
By:
llllllllllllllllll
Dennis C. Kacoyanis,
General Attorney, Division of Enforcement
and Information, Office of the General
Counsel.
Order
Upon consideration of the Settlement
Agreement entered into between
Nordica USA (‘‘Nordica’’) and U.S.
Consumer Product Safety Commission
(‘‘Commission’’) staff, and the
Commission having jurisdiction over
the subject matter and over Nordica, and
it appearing that the Settlement
Agreement and the Order are in the
public interest, it is
Ordered, that the Settlement
Agreement be, and hereby is, accepted;
and it is
Further Ordered, that Nordica shall
pay a civil penalty in the amount of two
hundred-fourteen thousand dollars
($214,000.00) within twenty (20)
calendar days of service of the
Commission’s final Order accepting the
Agreement. The payment shall be made
electronically to the CPSC via https://
www.pay.gov. Upon the failure of
Nordica to make the foregoing payment
when due, interest on the unpaid
amount shall accrue and be paid by
Nordica at the federal legal rate of
interest set forth at 28 U.S.C. 1961(a)
and (b).
Provisionally accepted and provisional
Order issued on the 4th day of October, 2011.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
[FR Doc. 2011–26162 Filed 10–7–11; 8:45 am]
BILLING CODE 6355–01–P
62787
The meeting is open to the public,
subject to the availability of space.
Persons desiring to attend may contact
Ms. Melody McDonald at 571–256–1738
or e-mail FamilyReadinessCouncil@osd.
mil no later than 5 p.m. on Tuesday,
November 15, 2011 to arrange for
parking and escort into the conference
room inside the Pentagon.
Interested persons may submit a
written statement for consideration by
the Council. Persons desiring to submit
a written statement to the Council must
notify the point of contact listed below
no later than 5 p.m., Wednesday,
November 16, 2011.
ADDRESSES: Pentagon Conference Center
M1 (escorts will be provided from the
Pentagon Metro entrance).
FOR FURTHER INFORMATION CONTACT: Ms.
Melody McDonald or Ms. Betsy Graham,
Office of the Deputy Under Secretary
(Military Community & Family Policy),
4000 Defense Pentagon, Room 2E319,
Washington, DC 20301–4000.
Telephones (571) 256–1738; (703) 697–
9283 and/or e-mail:
FamilyReadinessCouncil@osd.mil.
Dated: October 5, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2011–26166 Filed 10–7–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Air Force
Air University Board of Visitors
Meeting
Notice of Meeting of the Air
University Board of Visitors.
ACTION:
DEPARTMENT OF DEFENSE
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 Air
University Board of Visitors’ meeting
will take place on Monday, November
14th, 2011, from 1 p.m. to 5 p.m. and
Tuesday, November 15th, 2011, from 8
a.m. to 5 p.m. The meeting will be held
in the Air University Commander’s
Conference Room located in building
800. Please contact Mrs. Diana Bunch,
334–953–4547 for further details of the
meeting location.
The purpose of this meeting is to
provide independent advice and
recommendations on matters pertaining
to the educational, doctrinal, and
research policies and activities of Air
University. The agenda will include
SUMMARY:
Office of the Secretary
Meeting of the Department of Defense
Military Family Readiness Council
(MFRC); Change of Meeting Date and
Time
Office of the Under Secretary of
Defense for Personnel and Readiness,
Department of Defense.
ACTION: Notice.
AGENCY:
Pursuant to Section 10 (a),
Public Law 92–463, on September 26,
2011 (76 FR 59388–59389) the
Department of Defense Military Family
Readiness Council (MFRC) announced a
meeting to be held on October 17, 2011.
This notice announces that the meeting
date and time has been changed to
November 21, 2011, from 2 p.m. to 4
p.m. All other information in the
original notice remains the same.
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 196 (Tuesday, October 11, 2011)]
[Notices]
[Pages 62785-62787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26162]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 12-C0001]
Nordica USA, 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
Nordica USA, containing a civil penalty of $214,000.00.
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 26, 2011.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 12-C0001, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: Dennis C. Kacoyanis, General 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) 504-7587.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: October 4, 2011.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20, Nordica USA (``Nordica'') and
staff of the United States Consumer Product Safety Commission
(``Commission'') enter into this Settlement Agreement
[[Page 62786]]
(``Agreement'') under the Consumer Product Safety Act (``CPSC''). The
Agreement and the incorporated attached Order (``Order'') resolve the
allegations set forth below.
Parties
2. ``Staff'' is staff of the United States Consumer Product Safety
Commission, an independent federal regulatory agency established
pursuant to, and responsible for the enforcement of, the Consumer
Product Safety Act, 15 U.S.C. 2051-2089 (``CPSA'').
3. Nordica is a corporation organized and existing under the laws
of New Hampshire, with its principal corporate offices located in West
Lebanon, New Hampshire. Nordica is a division of Tecnica Group USA.
Staff Allegations
4. From August 2006 through December 2008, Nordica imported and
sold to ski retailers about 4,500 pairs of XBI ALU Skis (``Skis''). The
binding plates on the skis could crack or break causing the skier to
lose control or fall and suffer injuries.
5. The Skis are ``consumer products,'' and, at all relevant times,
Nordica was a ``manufacturer'' of those 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. Beginning in December 2007, one of Nordica's retail customers
advised Nordica that it had received calls with comments about the
Skis' binding plates cracking and breaking. The retail customer
requested replacement parts for the broken binding plates.
7. In March 2008, Nordica received a report from another retail
customer about the Skis' binding plates breaking. Also in March 2008,
Nordica employees identified numerous incidents of the Skis' binding
plates cracking and breaking. Nordica advised the foreign manufacturer
of the retail customers' claims of the Skis' binding plates cracking
and breaking. Nordica asked the foreign manufacturer to provide Nordica
with 25 pairs of replacement binding plates for the Skis.
8. Through April 2008, Nordica continued to receive reports of the
Skis' binding plates breaking. By the end of April 2008, Nordica knew
of at least 20 claims of broken Skis binding plates.
9. On or about Aug. 4, 2008, Nordica received an in-depth
epidemiologic investigation report from the Commission about the Skis'
binding plates breaking.
10. In September 2008, Nordica learned that the foreign
manufacturer had redesigned the Ski's binding plate. Nordica did not
ask the foreign manufacturer until December 2008, why it had redesigned
the Ski's binding plate. At that time, Nordica learned that the foreign
manufacturer had redesigned the Ski's binding plate because of the
cracking and breakage problem.
11. Nordica continued to investigate the binding plate problem
throughout the fall of 2008. Nordica discovered that it had about 200
reports of warranty claims related to the Skis' binding plates cracking
and breaking.
12. Despite being aware of the information in paragraphs 7 through
12, Nordica did not report to the Commission until December 3, 2008. By
that time, Nordica was aware of at least 200 reports of the Skis'
binding plates cracking and breaking.
13. Nordica obtained information that reasonably supported the
conclusion that the Skis' binding plates contained a defect that could
create a substantial product hazard or that the Skis' binding plates
created an unreasonable risk of serious injury or death. This knowledge
required Nordica to immediately inform the Commission of the defect and
risk associated with the Skis' binding plates, as required by section
15(b)(3) and (4) of the CPSA, 15 U.S.C. 2064(b)(3) and (4).
14. Nordica knowingly failed to inform the Commission immediately
about the Skis' binding plates, as required by CPSA sections 15(b)(3)
and (4), 15 U.S.C. 2064(b)(3) and (4), and as the term ``knowingly'' is
defined in CPSA section 20(d), 15 U.S.C. 2069(d). This failure violated
CPSA section 19(a)(4), 15 U.S.C. 2068(a)(4). Pursuant to CPSA section
20, 15 U.S.C. 2069, this failure subjected Nordica to civil penalties.
Nordica's Response
15. Nordica denies Staff's allegations that the Skis' binding
plates contain defects that could create a substantial product hazard
or create an unreasonable risk of serious injury or death, and further
denies that it violated the reporting requirements of Section 15(b) of
the CPSA, 15 U.S.C. 2064(b).
16. Nordica states that it is not aware of any reports of injury
associated with cracking or breakage of the binding plates any time
from the beginning of distribution (2006) up to and including the
present date (2011).
17. On or about August 4, 2008, Nordica received a CPSC Incident
Report that had been submitted by a consumer concerning breakage of an
XBI Alu Ski. Nordica immediately began investigating whether cracking
or breakage of the XBI Alu Ski presented a potential safety concern.
Following extensive investigation, and based upon review of the
available information--including, but not limited to, the absence of
any reported injuries and test results provided by the manufacturer--
Nordica did not and still does not believe that the XBI Alu binding
plate ski contained a defect that could present a substantial product
hazard or created an unreasonable risk of serious injury or death. Out
of an abundance of caution, Nordica wished to replace any binding
plates due to potential risk of cracking. Nordica therefore notified
CPSC in December 2008 of its willingness to conduct a Fast Track recall
in full cooperation with CPSC.
Agreement of the Parties
18. Under the CPSA, the Commission has jurisdiction over this
matter and over Nordica.
19. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by Nordica, or a
determination by the Commission, that Nordica knowingly violated the
CPSA.
20. In settlement of Staff's allegations, Nordica must pay a civil
penalty in the amount of two hundred-fourteen thousand dollars
($214,000.00). The civil penalty shall be paid 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.
21. The parties enter into this Agreement for settlement purposes.
The Agreement does not constitute an admission by Nordica or a
determination by the Commission that Nordica violated the CPSA's
reporting requirements, or that the Skis' binding plates presented a
substantial product hazard.
22. Upon provisional acceptance of the Agreement, the Agreement
shall be placed on the public record and published in the Federal
Register in accordance with the procedures set forth in 16 CFR
1118.20(e). Pursuant to 16 CFR 1118.20(f), if the Commission does not
receive any written request not to accept the Agreement within fifteen
(15) calendar days, the Agreement shall be deemed finally accepted on
the sixteenth (16th) calendar day after the date it is published in the
Federal Register, in accordance with 16 CFR 1118.20(f).
23. Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, Nordica knowingly, voluntarily, and
completely waives any rights it may have in this matter to the
following: (1) An
[[Page 62787]]
administrative or judicial hearing; (2) judicial review or other
challenge or contest of the validity of the Order or of the
Commission's actions; (3) a determination by the Commission of whether
Nordica failed to comply with the CPSA and its underlying regulations;
(4) a statement of findings of fact and conclusions of law; and (5) any
claims under the Equal Access to Justice Act.
24. The Commission may publicize the terms of the Agreement and the
Order.
25. The Agreement and the Order shall apply to, and be binding
upon, Nordica and each of its successors and assigns.
26. The Commission issues the Order under the provisions of the
CPSA, and a violation of the Order may subject Nordica and each of its
successors and assigns to appropriate legal action.
27. 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 cannot 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.
28. If any provision of the Agreement and the Order is held to be
illegal, invalid, or unenforceable under present or future laws
effective during the terms of the Agreement and the Order, such
provision shall be fully severable. The balance of the provisions in
the Agreement and the Order shall remain in full force and effect,
unless the Commission and Nordica agree that the severed provision
materially affects the purpose of the Agreement and the Order.
Nordica Usa
Dated: September 6, 2011.
By:--------------------------------------------------------------------
Willy Booker,
President, Nordica USA, 19 Technology Drive, West Lebanon, NH 03784.
Dated: September 12, 2011.
By:--------------------------------------------------------------------
Eric A. Rubel, Esquire,
Arnold & Porter, LLP, 555 Twelfth Street, NW., Washington, DC 20004-
1206, Counsel for Nordica USA.
U.S. Consumer Product Safety Commission Staff.
Cheryl A. Falvey,
General Counsel.
Melissa V. Hampshire,
Assistant General Counsel, Office of the General Counsel.
Dated: September 22, 2011.
By:--------------------------------------------------------------------
Dennis C. Kacoyanis,
General Attorney, Division of Enforcement and Information, Office of
the General Counsel.
Order
Upon consideration of the Settlement Agreement entered into between
Nordica USA (``Nordica'') and U.S. Consumer Product Safety Commission
(``Commission'') staff, and the Commission having jurisdiction over the
subject matter and over Nordica, and it appearing that the Settlement
Agreement and the Order are in the public interest, it is
Ordered, that the Settlement Agreement be, and hereby is, accepted;
and it is
Further Ordered, that Nordica shall pay a civil penalty in the
amount of two hundred-fourteen thousand dollars ($214,000.00) within
twenty (20) calendar days of service of the Commission's final Order
accepting the Agreement. The payment shall be made electronically to
the CPSC via https://www.pay.gov. Upon the failure of Nordica to make
the foregoing payment when due, interest on the unpaid amount shall
accrue and be paid by Nordica at the federal legal rate of interest set
forth at 28 U.S.C. 1961(a) and (b).
Provisionally accepted and provisional Order issued on the 4th
day of October, 2011.
By Order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-26162 Filed 10-7-11; 8:45 am]
BILLING CODE 6355-01-P
