Build-A-Bear Workshop, Inc., Provisional Acceptance of a Settlement Agreement and Order, 77981-77982 [2011-32116]
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Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices
3. Build-A-Bear is a corporation,
organized and existing under the laws of
the State of Delaware, with its principal
corporate office located at 1954
Innerbelt Business Center Drive, St.
Louis, Missouri 63114.
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 12–C0004]
Build-A-Bear Workshop, 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
below is a provisionally-accepted
Settlement Agreement with Build-ABear Workshop, Inc., containing a civil
penalty of $600,000.00.
DATES: Any interested person may ask
the Commission not to accept this
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by December
30, 2011.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 12–C0004, 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.
SUMMARY:
mstockstill on DSK4VPTVN1PROD with NOTICES
Dated: December 9, 2011.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20,
Build-A-Bear Workshop, Inc. (‘‘Build-ABear’’) and 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.
VerDate Mar<15>2010
16:49 Dec 14, 2011
Jkt 226001
Staff Allegations
4. Between March 2001 and October
2008, Build-A-Bear imported and sold
to consumers approximately 260,000
folding wooden frame toy beach chairs
(‘‘Chairs’’). The Chairs were sold
through the Build-A-Bear Web site and
at Build-A-Bear stores in the United
States, the United Kingdom, and Canada
for approximately $8.00 each.
5. The Chairs are ‘‘consumer
products’’ and, at all relevant times,
Build-A-Bear was an ‘‘importer’’ 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 Chairs are defective because
the sharp edges of the Chair’s folding
wooden frame can pinch, lacerate, or
amputate a child’s fingertip if the finger
is caught between the frame as the Chair
is folded.
7. In July 2007, Build-A-Bear received
its first complaint of injury involving
the Chairs’ folding wooden frame.
8. In October 2008, Build-A-Bear
stopped sale of the Chairs and issued a
notice to its stores to return all Chairs
in inventory to the Build-A-Bear storage
warehouse.
9. Between July 2007 and January
2009, Build-A-Bear became aware of 10
injury complaints caused by the Chairs.
10. Despite knowledge of the
information set forth in Paragraphs 6
through 9, Build-A-Bear did not report
to the Commission until March 10,
2009. Build-A-Bear recalled the Chairs
on May 14, 2009.
11. Build-A-Bear had obtained
sufficient information to reasonably
support the conclusion that the Chairs
contained a defect which could create a
substantial product hazard, or that the
Chairs created an unreasonable risk of
serious injury or death, but Build-ABear 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
about the Chairs immediately, Build-ABear 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).
12. Pursuant to section 20 of the
CPSA, 15 U.S.C. 2069, Build-A-Bear is
subject to civil penalties for its knowing
failure to report, as required under
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
77981
section 15(b) of the CPSA, 15 U.S.C.
2064(b).
Response of Build-A-Bear Workshop,
Inc.
13. Build-A-Bear denies the
aforementioned staff allegations.
14. On March 10, 2009 Build-A-Bear
filed a Section 15 Report under the
Commission’s Fast Track Program
initiating a voluntary recall. Prior to that
time, Build-A-Bear denies that it had
sufficient information regarding injuries
associated with the product to conclude
that the Chairs contained a defect which
could create a substantial product
hazard or create an unreasonable risk of
serious injury or death. Therefore,
Build-A-Bear 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 Build-A-Bear.
16. In settlement of staff’s allegations,
Build-A-Bear shall pay a civil penalty in
the amount of $600,000.00 within 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. Build-A-Bear agrees that it will
not seek or accept, directly or indirectly,
indemnification, reimbursement,
insurance, or any other form of
compensation or payment, including,
but not limited to, cash, account credit,
or setoff, from any manufacturer,
importer, or retail store, or from any
other firm or person, for the civil
penalty that Build-A-Bear agrees to pay
pursuant to this Agreement and Order.
18. The parties enter into this
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Build-A-Bear, nor does it
constitute a determination by the
Commission, that Build-A-Bear violated
the CPSA’s reporting requirements.
19. 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 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).
20. Upon the Commission’s final
acceptance of the Agreement and
issuance of the final Order, Build-A-
E:\FR\FM\15DEN1.SGM
15DEN1
77982
Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices
Bear 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 Build-A-Bear 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.
21. The Commission may publicize
the terms of the Agreement and the
Order.
22. The Agreement and the Order
shall apply to, and be binding upon,
Build-A-Bear and each of its successors
and/or assigns.
23. The Commission issues the Order
under the provisions of the CPSA, and
a violation of the Order may subject
Build-A-Bear and each of its successors
and/or assigns to appropriate legal
action.
24. 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.
25. 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 Build-ABear agree that severing the provision
materially affects the purpose of the
Agreement and Order.
U.S. Consumer Product Safety Commission
Staff
Cheryl A. Falvey,
General Counsel.
Mary B. Murphy,
Assistant General Counsel.
Dated: December 2, 2011.
By: lllllllllllllllllll
Belinda V. Bell,
Trial Attorney,
Division of Compliance
Office of the General Counsel.
Order
Upon consideration of the Settlement
Agreement entered into between BuildA-Bear Workshop, Inc. (‘‘Build-ABear’’), and the U.S. Consumer Product
Safety Commission (‘‘Commission’’)
staff, and the Commission having
jurisdiction over the subject matter and
over Build-A-Bear, 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 Build-A-Bear
shall pay a civil penalty in the amount
of $600,000.00 within 20 calendar days
of receiving service of the Commission’s
final Order accepting the Settlement
Agreement. The payment shall be made
electronically to the CPSC via https://
www.pay.gov. Upon the failure of BuildA-Bear to make the foregoing payment
when due, interest on the unpaid
amount shall accrue and be paid by
Build-A-Bear 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 9th day of December,
2011.
By order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety
Commission.
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: Wednesday, January 25, 2012,
from 8:30 a.m.–11:30 a.m.
ADDRESSES: Command Conference
Center, Building 202, Defense
Acquisition University, 9820 Belvoir
Road, Fort Belvoir, VA 22060.
FOR FURTHER INFORMATION CONTACT:
Christen Goulding, Protocol Director,
DAU, Phone: (703) 805–5134, Fax: (703)
805–5940, Email:
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.
Agenda:
8:30 a.m. Welcome and approval of
minutes.
8:40 a.m. Certification to Qualification.
9:30 a.m. Distinguished Faculty.
10:30 a.m. Mission Assistance.
11:15 a.m. Open forum discussion.
11:30 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: December 9, 2011.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2011–32133 Filed 12–14–11; 8:45 am]
BILLING CODE 6355–01–P
BILLING CODE 5001–06–P
Build-A-Bear Workshop, Inc.
mstockstill on DSK4VPTVN1PROD with NOTICES
[FR Doc. 2011–32116 Filed 12–14–11; 8:45 am]
DEPARTMENT OF DEFENSE
DEPARTMENT OF EDUCATION
Dated: September 27, 2011.
By: lllllllllllllllllll
Eric R. Fencl,
General Counsel,
Build-A-Bear Workshop, Inc.
1954 Innerbelt Business Center Drive
St. Louis, MO 63114.
Dated: September 27, 2011.
By: lllllllllllllllllll
Stephen L. Hill,
Esquire,
Husch Blackwell LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112
Counsel for Build-A-Bear Workshop, Inc.
Office of the Secretary
Applications for Eligibility Designation;
Programs Under Parts A and F of Title
III of the Higher Education Act of 1965,
as Amended (HEA), and Programs
Under Title V of the HEA
VerDate Mar<15>2010
16:49 Dec 14, 2011
Jkt 226001
Defense Acquisition University Board
of Visitors; Notice of Meeting
Defense Acquisition
University, Department of Defense
(DoD).
ACTION: Meeting notice.
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
SUMMARY:
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
Office of Postsecondary
Education, Department of Education.
ACTION: Notice.
AGENCY:
Overview Information:
Programs authorized under Part A,
Title III of the HEA: Strengthening
Institutions Program (Part A SIP),
Predominantly Black Institutions (Part
E:\FR\FM\15DEN1.SGM
15DEN1
Agencies
[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Notices]
[Pages 77981-77982]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32116]
[[Page 77981]]
=======================================================================
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 12-C0004]
Build-A-Bear Workshop, Inc., Provisional Acceptance of a
Settlement Agreement and Order
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: It is the policy of the Commission to publish settlements
which it provisionally accepts under the Consumer Product Safety Act in
the Federal Register in accordance with the terms of 16 CFR 1118.20(e).
Published below is a provisionally-accepted Settlement Agreement with
Build-A-Bear Workshop, Inc., containing a civil penalty of $600,000.00.
DATES: Any interested person may ask the Commission not to accept this
agreement or otherwise comment on its contents by filing a written
request with the Office of the Secretary by December 30, 2011.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 12-C0004, 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: December 9, 2011.
Todd A. Stevenson,
Secretary.
Settlement Agreement
1. In accordance with 16 CFR 1118.20, Build-A-Bear Workshop, Inc.
(``Build-A-Bear'') and 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. Build-A-Bear is a corporation, organized and existing under the
laws of the State of Delaware, with its principal corporate office
located at 1954 Innerbelt Business Center Drive, St. Louis, Missouri
63114.
Staff Allegations
4. Between March 2001 and October 2008, Build-A-Bear imported and
sold to consumers approximately 260,000 folding wooden frame toy beach
chairs (``Chairs''). The Chairs were sold through the Build-A-Bear Web
site and at Build-A-Bear stores in the United States, the United
Kingdom, and Canada for approximately $8.00 each.
5. The Chairs are ``consumer products'' and, at all relevant times,
Build-A-Bear was an ``importer'' 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 Chairs are defective because the sharp edges of the Chair's
folding wooden frame can pinch, lacerate, or amputate a child's
fingertip if the finger is caught between the frame as the Chair is
folded.
7. In July 2007, Build-A-Bear received its first complaint of
injury involving the Chairs' folding wooden frame.
8. In October 2008, Build-A-Bear stopped sale of the Chairs and
issued a notice to its stores to return all Chairs in inventory to the
Build-A-Bear storage warehouse.
9. Between July 2007 and January 2009, Build-A-Bear became aware of
10 injury complaints caused by the Chairs.
10. Despite knowledge of the information set forth in Paragraphs 6
through 9, Build-A-Bear did not report to the Commission until March
10, 2009. Build-A-Bear recalled the Chairs on May 14, 2009.
11. Build-A-Bear had obtained sufficient information to reasonably
support the conclusion that the Chairs contained a defect which could
create a substantial product hazard, or that the Chairs created an
unreasonable risk of serious injury or death, but Build-A-Bear 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 about the Chairs
immediately, Build-A-Bear 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).
12. Pursuant to section 20 of the CPSA, 15 U.S.C. 2069, Build-A-
Bear 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 Build-A-Bear Workshop, Inc.
13. Build-A-Bear denies the aforementioned staff allegations.
14. On March 10, 2009 Build-A-Bear filed a Section 15 Report under
the Commission's Fast Track Program initiating a voluntary recall.
Prior to that time, Build-A-Bear denies that it had sufficient
information regarding injuries associated with the product to conclude
that the Chairs contained a defect which could create a substantial
product hazard or create an unreasonable risk of serious injury or
death. Therefore, Build-A-Bear 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 Build-A-Bear.
16. In settlement of staff's allegations, Build-A-Bear shall pay a
civil penalty in the amount of $600,000.00 within 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. Build-A-Bear agrees that it will not seek or accept, directly
or indirectly, indemnification, reimbursement, insurance, or any other
form of compensation or payment, including, but not limited to, cash,
account credit, or setoff, from any manufacturer, importer, or retail
store, or from any other firm or person, for the civil penalty that
Build-A-Bear agrees to pay pursuant to this Agreement and Order.
18. The parties enter into this Agreement for settlement purposes
only. The Agreement does not constitute an admission by Build-A-Bear,
nor does it constitute a determination by the Commission, that Build-A-
Bear violated the CPSA's reporting requirements.
19. 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 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).
20. Upon the Commission's final acceptance of the Agreement and
issuance of the final Order, Build-A-
[[Page 77982]]
Bear 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
Build-A-Bear 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.
21. The Commission may publicize the terms of the Agreement and the
Order.
22. The Agreement and the Order shall apply to, and be binding
upon, Build-A-Bear and each of its successors and/or assigns.
23. The Commission issues the Order under the provisions of the
CPSA, and a violation of the Order may subject Build-A-Bear and each of
its successors and/or assigns to appropriate legal action.
24. 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.
25. 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 Build-A-Bear agree that severing the provision materially affects
the purpose of the Agreement and Order.
Build-A-Bear Workshop, Inc.
Dated: September 27, 2011.
By:--------------------------------------------------------------------
Eric R. Fencl,
General Counsel,
Build-A-Bear Workshop, Inc.
1954 Innerbelt Business Center Drive
St. Louis, MO 63114.
Dated: September 27, 2011.
By:--------------------------------------------------------------------
Stephen L. Hill,
Esquire,
Husch Blackwell LLP
4801 Main Street, Suite 1000
Kansas City, MO 64112
Counsel for Build-A-Bear Workshop, Inc.
U.S. Consumer Product Safety Commission Staff
Cheryl A. Falvey,
General Counsel.
Mary B. Murphy,
Assistant General Counsel.
Dated: December 2, 2011.
By:--------------------------------------------------------------------
Belinda V. Bell,
Trial Attorney,
Division of Compliance
Office of the General Counsel.
Order
Upon consideration of the Settlement Agreement entered into between
Build-A-Bear Workshop, Inc. (``Build-A-Bear''), and the U.S. Consumer
Product Safety Commission (``Commission'') staff, and the Commission
having jurisdiction over the subject matter and over Build-A-Bear, 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 Build-A-Bear shall pay a civil penalty in the
amount of $600,000.00 within 20 calendar days of receiving service of
the Commission's final Order accepting the Settlement Agreement. The
payment shall be made electronically to the CPSC via https://www.pay.gov. Upon the failure of Build-A-Bear to make the foregoing
payment when due, interest on the unpaid amount shall accrue and be
paid by Build-A-Bear 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 9th
day of December, 2011.
By order of the Commission.
Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2011-32116 Filed 12-14-11; 8:45 am]
BILLING CODE 6355-01-P