Meijer, Inc., Provisional Acceptance of a Settlement Agreement and Order, 56345-56348 [2014-22344]
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Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Notices
of the Department of Defense, as
aggregated by the Defense Logistics
Agency Land and Maritime, Columbus,
OH
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Proposed Additions
and Deletions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Proposed additions to and
deletions from the Procurement List.
AGENCY:
The Committee is proposing
to add products and a service to the
Procurement List that will be furnished
by nonprofit agencies employing
persons who are blind or have other
severe disabilities and delete products
previously furnished by such agency.
DATES: Comments Must Be Received On
Or Before: 10/20/2014.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
Disabled, 1401 S. Clark Street, Suite
10800, Arlington, Virginia, 22202–4149.
SUMMARY:
FOR FURTHER INFORMATION OR TO SUBMIT
COMMENTS CONTACT: Barry S. Lineback,
Telephone: (703) 603–7740, Fax: (703)
603–0655, or email CMTEFedReg@
AbilityOne.gov.
This
notice is published pursuant to 41
U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its
purpose is to provide interested persons
an opportunity to submit comments on
the proposed actions.
SUPPLEMENTARY INFORMATION:
Service
Service Type/Location: Custodial Service,
U.S. Army, Warrior Transition Battalion,
4–2027 Normandy Drive, Fort Bragg, NC
NPA: The Chimes, Inc., Baltimore, MD
Contracting Activity: Dept of the Army, W074
ENDIST WILMINGTON, Wilmington, NC
Deletion
The following products are proposed
for deletion from the Procurement List:
Products
Liner, Flyer’s Jacket, Air Force
NSN: 8415–00–844–9811—Green
Quilted, Small
NSN: 8415–00–844–9812—Green
Quilted, Medium
NSN: 8415–00–844–9813—Green
Quilted, Large
NSN: 8415–00–844–9814—Green
Quilted, X Large
NPA: Peckham Vocational Industries,
Inc., Lansing, MI
Contracting Activity: Defense Logistics
Agency Troop Support,
Philadelphia, PA
Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2014–22355 Filed 9–18–14; 8:45 am]
BILLING CODE 6353–01–P
Additions
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If the Committee approves the
proposed additions, the entities of the
Federal Government identified in this
notice will be required to procure the
products and service listed below from
nonprofit agencies employing persons
who are blind or have other severe
disabilities.
The following products and service
are proposed for addition to the
Procurement List for production by the
nonprofit agencies listed:
Products
NSN: MR 919—Brush, Scrubber Plastic Block
NSN: MR 1078—Broom, Corn Whisk
NPA: Alphapointe, Kansas City, MO
Contracting Activity: Defense Commissary
Agency, Fort Lee, VA
Coverage: C-List for the requirements of
military commissaries and exchanges as
aggregated by the Defense Commissary
Agency, Fort Lee, VA
NSN: 6140–01–545–0940—Battery, Storage,
12V
NPA: Eastern Carolina Vocational Center,
Inc., Greenville, NC
Contracting Activity: Defense Logistics
Agency Land and Maritime, Columbus,
OH
Coverage: C-List for 100% of the requirement
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CONSUMER PRODUCT SAFETY
COMMISSION
Sunshine Act Meeting
Wednesday September
24, 2014, 10 a.m.–12 p.m.
TIME AND DATE:
Hearing Room 420, Bethesda
Towers, 4330 East West Highway,
Bethesda, Maryland.
PLACE:
Commission Meeting—Open to
the Public
STATUS:
Decisional
Matter: Safety Standard for Magnet
Sets—Final Rule
A live Web cast of the meeting can be
viewed at www.cpsc.gov/live.
For a recorded message containing the
latest agenda information, call (301)
504–7948.
MATTER TO BE CONSIDERED:
CONTACT PERSON FOR MORE INFORMATION:
Todd A. Stevenson, Office of the
Secretary, U.S. Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, MD 20814, (301)
504–7923.
PO 00000
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56345
Dated: September 16, 2014.
Todd A. Stevenson,
Secretariat.
[FR Doc. 2014–22457 Filed 9–17–14; 11:15 am]
BILLING CODE 6355–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 14–C0004]
Meijer, 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 Meijer, Inc.,
containing a civil penalty of two million
dollars ($2,000,000.00 U.S. dollars),
within twenty (20) days of service of the
Commission’s final Order accepting the
Settlement Agreement.
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 6,
2014.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 14–C0004 Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814–
4408.
FOR FURTHER INFORMATION CONTACT: Ray
M. Aragon, General Attorney, Office of
the General Counsel, Consumer Product
Safety Commission, 4330 East West
Highway, Bethesda, Maryland 20814–
4408; telephone (301) 504–6883.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
SUMMARY:
Dated: September 16, 2014.
Todd A. Stevenson,
Secretary.
United States of America Consumer
Product Safety Commission
In the Matter of: Meijer, Inc.
CPSC Docket No.: 14–C0004
SETTLEMENT AGREEMENT
1. In accordance with the Consumer
Product Safety Act (‘‘CPSA’’), 15 U.S.C.
§§ 2051–2089 and 16 C.F.R. § 1118.20,
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Meijer, Inc. (‘‘Meijer’’), and the U.S.
Consumer Product Safety Commission
(‘‘Commission’’), through its staff
(‘‘staff’’), hereby enter into this
Settlement Agreement (‘‘Agreement’’).
The Agreement and the incorporated
attached Order (‘‘Order’’) resolve staff’s
charges set forth below.
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THE PARTIES
2. The Commission is an independent
federal regulatory agency, established
pursuant to, and responsible for, the
enforcement of the CPSA. By executing
the Agreement, staff is acting on behalf
of the Commission, pursuant to 16 CFR
1118.20(b). The Commission issues the
Order under the provisions of the CPSA.
3. Meijer is a corporation organized
and existing under the laws of the state
of Michigan. Its principal corporate
offices are located at 2929 Walker
Avenue NW., Grand Rapids, Michigan
49544. Meijer operates more than 200
stores in Michigan, Ohio, Indiana,
Illinois and Kentucky.
STAFF CHARGES
4. CPSC staff charges that on multiple
occasions between April 2010 and April
2011, Meijer knowingly sold, offered for
sale, and distributed recalled consumer
products in commerce, in violation of
section 19(a)(2)(B) of the Consumer
Product Safety Act (CPSA), 15 U.S.C.
2068(a)(2)(B). Meijer distributed at least
twelve separate recalled consumer
products, totaling approximately 1,692
individual units of recalled products
(the ‘‘Recalled Products’’), through the
reverse logistics system it operated with
a third party contractor.
5. Each of the Recalled Products was
recalled by its manufacturer pursuant to
section 15 of the CPSA, and each was
subject to a voluntary corrective action
plan taken by the manufacturer, in
consultation with the Commission. Each
of the recalls was also publicized by
each respective manufacturer and by the
Commission.
6. The Recalled Products are
‘‘consumer products,’’ and at all
relevant times Meijer was a ‘‘retailer’’
and/or manufacturer of these consumer
products, which were ‘‘distributed in
commerce,’’ as those terms are defined
or used in sections 3(a)(5), (7) (11) and
(13), of the CPSA, 15 U.S.C. 2052(a)(5),
(7) and (11) (13).
7. Under CPSA section 19(a)(2)(B), it
is unlawful for any person to sell, offer
for sale, manufacture for sale, distribute
in commerce, or import into the United
States any consumer product that is
subject to voluntary corrective action
taken by the manufacturer, in
consultation with the Commission, of
which action the Commission has
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notified the public, or if the seller,
distributor, or manufacturer knew, or
should have known, of such voluntary
corrective action.
8. Pursuant to section 20(a)(l) of the
CPSA, 15 U.S.C. 2069(a)(1), any person
who ‘‘knowingly’’ violates CPSA section
19 is subject to civil penalties. Under
section 20(d) of the CPSA, 15 U.S.C.
§ 2069(d), the term ‘‘knowingly’’ means:
‘‘(1) the having of actual knowledge, or
(2) the presumed having of knowledge
deemed to be possessed by a reasonable
man who acts in the circumstances,
including knowledge obtainable upon
the exercise of due care to ascertain the
truth of representations.’’
9. CPSC staff charges that beginning
in or about April 2010, and including
until at least in or about April 2011,
Meijer received information from the
third party contractor regarding the sale
of all products handled by its third
party contractor but failed to prevent the
distribution of the Recalled Products.
10. CPSC staff charges that the
Recalled Products that were resold
include:
• 1,173 Touch Point Oscillating
Ceramic Heaters manufactured by
Ningbo Dongji Electronic Tech Co. LTC
and imported by Meijer (CPSC Release
No. 11–053, Nov. 23, 2010);
• 136 Bathtub Subs imported by
Munchkin, Inc. (CPSC Release No. 11–
012, Oct. 18, 2010);
• 114 Fisher-Price Trikes and Tough
Trikes toddler tricycles manufactured
by Fisher-Price (CPSC Release No. 10–
359, Sept. 30, 2010);
• 93 Hoover WindTunnel T-Series
Bagless Upright Vacuum Cleaners with
Cord Rewind Feature imported by
Hoover Inc. CPSC Release No. 10–248,
May 27, 2010);
• 69 Little People Wheelies Stand ‘n
Play Rampways imported by Fisher
Price (CPSC Release No. 10–360, Sept.
30, 2010);
• 50 Discovery Kids Animated
Marine and Safari Lamps imported by
Innovage LLC (CPSC Release No. 10–
135, Feb. 9, 2010);
• 27 Ocean Wonders Kick & Crawl
Aquariums imported by Fisher-Price
(CPSC Release No. 10–362, Sept. 30,
2010);
• 17 Refreshing Rings Infant
Teethers/Rattles imported by Sassy
(CPSC Release No. 11–114, Jan. 31,
2011);
• 6 SlingRider Baby Slings
manufactured by Infantino (CPSC
Release No. 10–177, Mar. 24, 2010);
• 5 Box Fans manufactured by Lasko
(CPSC Release No. 11–183, Mar. 24,
2011);
• 1 Harmony High Chair
manufactured by Graco Children’s
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Products (CPSC Release No. 10–171,
Mar. 18, 2010, revised Mar. 21, 2011);
and
• 1 Random Orbit Sander
manufactured by Black & Decker (CPSC
Release No. 10–339, Sept. 9, 2010).
11. Staff charges that Meijer’s sale and
distribution of these Recalled Products
was knowing, as that term 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, Meijer is subject
to a civil penalty for its knowing resale
of the Recalled Products, which was in
violation of section 19(a)(2)(B) of the
CPSA, 15 U.S.C. 2068(a)(2)(B).
MEIJER’S RESPONSE
13. Meijer neither admits nor denies
the charges set forth in paragraphs 4
through 12 including, but not limited to,
the charge that Meijer knowingly sold,
offered for sale, and distributed recalled
consumer products in commerce, in
violation of section 19(a)(2)(B) of the
Consumer Product Safety Act (CPSA),
15 U.S.C. 2068(a)(2)(B).
14. Meijer reasonably relied upon the
reverse logistics system operated
through an independent third party it
hired to handle its disposition of the
Recalled Products. Meijer believed that
adequate safeguards were in place to
prevent Recalled Products from being
distributed into commerce and states
that any distribution of the Recalled
Products was inadvertent and occurred
without Meijer’s knowledge.
15. In March 2011, Meijer, in
conjunction with CPSC, voluntarily reannounced a recall of the Recalled
Products that had been inadvertently
distributed through the reverse logistics
system operated through an
independent third party.
16. Meijer has informed the
Commission that it is not aware of any
reported incidents or injuries associated
with the Recalled Products.
AGREEMENT OF THE PARTIES
17. Under the CPSA, the Commission
has jurisdiction over the matter
involving the Recalled Products
described herein and over Meijer.
18. In settlement of staff’s charges,
and to avoid the cost, distraction, delay,
uncertainty, and inconvenience of
protracted litigation or other
proceedings, Meijer shall pay a civil
penalty in the amount of two million
dollars ($2,000,000.00 U.S. dollars),
which shall be due and payable within
twenty (20) calendar days after receiving
service of the Commission’s final Order
accepting the Agreement. All payments
to be made under the Agreement shall
constitute debts owing to the United
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States and shall be made by electronic
wire transfer to the United States via:
https://www.pay.gov.
19. The parties agree that this
settlement figure is predicated, among
other things, upon the accuracy of oral
and written representations of, and
statements by, Meijer and Meijer’s
representatives (including
representations set forth in the
Agreement).
20. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute any
legal or factual admission by Meijer or
a determination by the Commission that
Meijer violated the CPSA.
21. Following staff’s receipt of the
Agreement executed on behalf of Meijer,
staff shall promptly submit the
Agreement to the Commission for
provisional acceptance. Promptly
following 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, within fifteen (15)
calendar days, the Commission does not
receive any written request not to accept
the Agreement, the Agreement shall be
deemed finally accepted on the
sixteenth (16th) calendar day after the
date the Agreement is published in the
Federal Register, in accordance with 16
CFR 1118.20(f).
22. The Agreement is conditioned
upon, and subject to, the Commission’s
final acceptance, as set forth above, and
is subject to the provisions of 16 CFR
§ 1118.20(h). Upon the later of: (i) The
Commission’s final acceptance of the
Agreement and service of the accepted
Agreement upon Meijer, and (ii) the
date of issuance of the final Order, the
Agreement shall be in full force and
effect and shall be binding upon the
parties.
23. Effective upon the later of: (i) The
Commission’s final acceptance of the
Agreement and service of the accepted
Agreement upon Meijer, and (ii) the
date of issuance of the final Order, for
good and valuable consideration, Meijer
hereby expressly and irrevocably waives
and agrees not to assert any past,
present, or future rights to the following
actions or remedies in connection with
the matters described in the Agreement:
(a) An administrative or judicial
hearing; (b) judicial review or other
challenge or contest of the validity of
the Order or of the Commission’s
actions; (c) a determination by the
Commission of whether Meijer failed to
comply with the CPSA and the
underlying regulations; (d) a statement
of findings of fact and conclusions of
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law; and (e) any claims under the Equal
Access to Justice Act.
24. Meijer represents and agrees that
it will maintain a reverse logistics
compliance program designed to avoid
violations by Meijer of CPSA
§ 19(a)(2)(B) by introducing recalled
consumer products into the stream of
commerce. Meijer represents that its
ongoing reverse logistics program will
contain (i) written standards, policies,
and procedures for the appropriate
disposition of recalled goods; (ii)
mechanisms to communicate to all
applicable Meijer employees through
training programs or otherwise,
company policies and procedures to
prevent violations of CPSA § 19(a)(2)(B);
(iii) management oversight of a reverse
logistics program, including a
mechanism for Meijer employees’
confidential reporting to a Meijer
official with the authority to act as
necessary; (iv) a policy to retain Meijer
reverse logistics records related to the
recalled product collection and
disposition, for at least five (5) years
from the date of the recall; and (v)
availability of such records to
Commission staff, upon reasonable
request.
25. The parties acknowledge and
agree that the Commission may make
public disclosure of the terms of the
Agreement and the Order.
26. Meijer represents that the
Agreement: (i) Is entered into freely and
voluntarily, without any degree of
duress or compulsion whatsoever; (ii)
has been duly authorized; and (iii)
constitutes the valid and binding
obligation of Meijer, and each of its
successors and/or assigns, enforceable
against Meijer in accordance with the
Agreement’s terms. The individuals
signing the Agreement on behalf of
Meijer represent and warrant that they
are duly authorized by Meijer to execute
the Agreement.
27. The Commission signatories
represent that they are signing the
Agreement in their official capacities
and that they are authorized to execute
the Agreement.
28. The Agreement is governed by the
laws of the United States.
29. The Agreement and the Order
shall apply to, and be binding upon,
Meijer and each of its companies,
subsidiaries, successors, transferees, and
assigns, and a violation of the
Agreement or Order may subject Meijer
and each of its companies, subsidiaries,
successors, transferees, and assigns to
appropriate legal action.
30. The Agreement and the Order
constitute the complete agreement
between the parties on the subject
matter contained herein and therein.
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31. 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. For purposes of
construction, the Agreement shall be
deemed to have been drafted by both of
the parties, and shall not be construed
against any party for that reason in any
subsequent dispute.
32. The Agreement shall not be
waived, amended, modified, or
otherwise altered, except as in
accordance with the provisions of 16
CFR 1118.20(h). The Agreement may be
executed in counterparts.
33. 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 Meijer agree
that severing the provision materially
affects the purpose of the Agreement
and Order.
Meijer, Inc.
Dated: September 3, 2014.
Janet G. Kelley, Senior Vice President,
General Counsel and Secretary,
Meijer, Inc.,
2929 Walker Avenue NW.,
Grand Rapids, Michigan 49544.
Dated: September 3, 2014.
Georgia C. Ravitz, Esq.,
Arent Fox LLP,
1717 K Street NW.,
Washington, DC 20036,
Counsel for Meijer, Inc.
U.S. Consumer Product Safety, Commission
Staff.
Stephanie Tsacoumis,
General Counsel.
Mary T. Boyle,
Deputy General Counsel.
Mary B. Murphy,
Assistant General Counsel.
Dated: September 3, 2014.
Ray M. Aragon,
General Attorney.
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY
COMMISSION
In the Matter of: Meijer, Inc.
CPSC Docket No.: 14–C0004
ORDER
Upon consideration of the Settlement
Agreement entered into between Meijer,
Inc. (‘‘Meijer’’), and the U.S. Consumer
Product Safety Commission
(‘‘Commission’’), and the Commission
having jurisdiction over the subject
matter and over Meijer, and it appearing
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Federal Register / Vol. 79, No. 182 / Friday, September 19, 2014 / Notices
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 part 102–3.150.
Purpose of the Meeting: The purpose
of the meeting is to review the
operations of USU, particularly the
academic affairs, and provide advice to
the USU President and the Assistant
Secretary of Defense for Health Affairs
(who represents the Secretary of
Defense). These actions are necessary
for the University to pursue its mission,
which is to provide outstanding
healthcare practitioners and scientists to
the uniformed services, and to obtain
institutional accreditation.
Agenda: The actions that will take
place include the approval of minutes
from the Board Meeting held on August
5, 2014; recommendations regarding the
approval of faculty appointments and
promotions; recommendations regarding
the awarding of post-baccalaureate
degrees; and the review of awards and
honors. The USU President will provide
By Order of the Commission.
lllllllllllllllllllll a report on recent actions affecting
academic and operations of the
Todd A. Stevenson,
University. The Armed Forces
Secretary, U.S. Consumer Product Safety
Commission.
Radiobiology Research Institute will
provide an operational update; the F.
[FR Doc. 2014–22344 Filed 9–18–14; 8:45 am]
´
Edward Hebert School of Medicine will
BILLING CODE 6355–01–P
provide academic updates to include
initiatives and collaborations; the Daniel
K. Inouye Graduate School of Nursing
DEPARTMENT OF DEFENSE
will present an update on academic
activities and collaborations; and the
Office of the Secretary
Postgraduate Dental College will
Board of Regents, Uniformed Services provide an update on academic
University of the Health Sciences;
activities. A closed session will be held
Notice of Federal Advisory Committee
to discuss personnel actions and active
Meeting
investigations.
Meeting Accessibility: Pursuant to
AGENCY: Uniformed Services University
Federal statute and regulations (5 U.S.C.
of the Health Sciences (USU),
552b and 41 CFR parts 102–3.140
Department of Defense.
through 102–3.165) and the availability
ACTION: Quarterly meeting notice.
of space, the meeting is open to the
public from 2:00 p.m. to 3:45 p.m.
SUMMARY: The Department of Defense is
Seating is on a first-come basis.
publishing this notice to announce the
Members of the public wishing to attend
following meeting of the Board of
Regents, Uniformed Services University the meeting should contact Jennifer
Nuetzi James at the address and phone
of the Health Sciences (‘‘the Board’’).
number noted in the FOR FURTHER
DATES: Tuesday, October 14, 2014, from
INFORMATION CONTACT section.
2:00 p.m. to 3:45 p.m. (Open Session)
Pursuant to 5 U.S.C. 552b(c)(2, 5–7)
and 4:00 p.m. to 5:00 p.m. (Closed
the Department of Defense has
Session).
determined that the portion of the
ADDRESSES: Hershey Lodge, 325
meeting from 4:00 p.m. to 5:00 p.m.
University Drive, Hershey, PA 17033.
shall be closed to the public. The Under
FOR FURTHER INFORMATION CONTACT:
Secretary of Defense (Personnel and
Jennifer Nuetzi James, Designated
Readiness), in consultation with the
Federal Officer, 4301 Jones Bridge Road, Office of the DoD General Counsel, has
D3002, Bethesda, Maryland 20814;
determined in writing that a portion of
telephone 301–295–3066; email
the committee’s meeting will be closed
jennifer.nuetzi-james@usuhs.edu.
as the discussion will disclose sensitive
personnel information, will include
SUPPLEMENTARY INFORMATION: This
meeting notice is being published under matters that relate solely to the internal
tkelley on DSK3SPTVN1PROD with NOTICES
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 Meijer
shall comply with the terms of the
Settlement Agreement and shall pay a
civil penalty of two million dollars
($2,000,000.00 U.S. dollars), within
twenty (20) calendar days after receiving
service of the Commission’s final Order
accepting the Settlement Agreement.
Upon failure of Meijer to make the
foregoing payment when due, interest
on the unpaid amount shall accrue and
be paid by Meijer at the federal legal
rate of interest set forth at 28 U.S.C.
1961(a) and (b). If Meijer fails to make
such a payment or to comply in full
with any other provision as set forth in
the Settlement Agreement, such conduct
will be considered a violation of the
Settlement Agreement and Order.
Provisionally accepted and
provisional Order issued on the16th day
of September, 2014.
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personnel rules and practices of the
agency, will involve allegations or
findings of a person having committed
a crime or censuring an individual, and
may disclose investigatory records
compiled for law enforcement purposes.
Written Statements: Pursuant to 41
CFR part 102–3.140, and section 10(a)(3)
of the Federal Advisory Committee Act
of 1972, the public or interested
organizations may submit written
comments to the Board about its
approved agenda pertaining to this
meeting, or at any time on the Board’s
mission. Interested persons may submit
a written statement for consideration by
the Board. Individuals submitting a
written statement must submit their
statement to the Designated Federal
Officer at the address listed in FOR
FURTHER INFORMATION CONTACT. If such
statement is not received at least 5
calendar days prior to the meeting, it
may not be provided to or considered by
the Board until a later date. The
Designated Federal Officer will compile
all timely submissions with the Board’s
Chairman and ensure such submissions
are provided to Board Members before
the meeting.
Dated: September 16, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2014–22399 Filed 9–18–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Office of the Secretary
U.S. Strategic Command Strategic
Advisory Group; Notice of Advisory
Committee Closed Meeting
Department of Defense.
Notice of Advisory Committee
closed meeting.
AGENCY:
ACTION:
The Department of Defense is
publishing this notice to announce the
following Federal Advisory Committee
meeting of the U.S. Strategic Command
Strategic Advisory Group. This meeting
will be closed to the public.
DATES: Thursday, October 16, 2014,
from 8:00 a.m. to 5:00 p.m. and Friday,
October 17, 2014, from 8:00 a.m. to
11:00 a.m.
ADDRESSES: Dougherty Conference
Center, Building 432, 906 SAC
Boulevard, Offutt AFB, Nebraska 68113.
FOR FURTHER INFORMATION CONTACT: Mr.
Bruce Sudduth, Designated Federal
Officer, (402) 294–4102, 901 SAC
Boulevard, Suite 1F7, Offutt AFB, NE
68113–6030.
SUMMARY:
E:\FR\FM\19SEN1.SGM
19SEN1
]]>Agencies
[Federal Register Volume 79, Number 182 (Friday, September 19, 2014)]
[Notices]
[Pages 56345-56348]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22344]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 14-C0004]
Meijer, Inc., Provisional Acceptance of a Settlement Agreement
and Order
AGENCY: Consumer Product Safety Commission.
ACTION: Notice.
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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
Meijer, Inc., containing a civil penalty of two million dollars
($2,000,000.00 U.S. dollars), within twenty (20) days of service of the
Commission's final Order accepting the Settlement Agreement.
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 6, 2014.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 14-C0004 Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: Ray M. Aragon, General Attorney,
Office of the General Counsel, Consumer Product Safety Commission, 4330
East West Highway, Bethesda, Maryland 20814-4408; telephone (301) 504-
6883.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: September 16, 2014.
Todd A. Stevenson,
Secretary.
United States of America Consumer Product Safety Commission
In the Matter of: Meijer, Inc.
CPSC Docket No.: 14-C0004
SETTLEMENT AGREEMENT
1. In accordance with the Consumer Product Safety Act (``CPSA''),
15 U.S.C. Sec. Sec. 2051-2089 and 16 C.F.R. Sec. 1118.20,
[[Page 56346]]
Meijer, Inc. (``Meijer''), and the U.S. Consumer Product Safety
Commission (``Commission''), through its staff (``staff''), hereby
enter into this Settlement Agreement (``Agreement''). The Agreement and
the incorporated attached Order (``Order'') resolve staff's charges set
forth below.
THE PARTIES
2. The Commission is an independent federal regulatory agency,
established pursuant to, and responsible for, the enforcement of the
CPSA. By executing the Agreement, staff is acting on behalf of the
Commission, pursuant to 16 CFR 1118.20(b). The Commission issues the
Order under the provisions of the CPSA.
3. Meijer is a corporation organized and existing under the laws of
the state of Michigan. Its principal corporate offices are located at
2929 Walker Avenue NW., Grand Rapids, Michigan 49544. Meijer operates
more than 200 stores in Michigan, Ohio, Indiana, Illinois and Kentucky.
STAFF CHARGES
4. CPSC staff charges that on multiple occasions between April 2010
and April 2011, Meijer knowingly sold, offered for sale, and
distributed recalled consumer products in commerce, in violation of
section 19(a)(2)(B) of the Consumer Product Safety Act (CPSA), 15
U.S.C. 2068(a)(2)(B). Meijer distributed at least twelve separate
recalled consumer products, totaling approximately 1,692 individual
units of recalled products (the ``Recalled Products''), through the
reverse logistics system it operated with a third party contractor.
5. Each of the Recalled Products was recalled by its manufacturer
pursuant to section 15 of the CPSA, and each was subject to a voluntary
corrective action plan taken by the manufacturer, in consultation with
the Commission. Each of the recalls was also publicized by each
respective manufacturer and by the Commission.
6. The Recalled Products are ``consumer products,'' and at all
relevant times Meijer was a ``retailer'' and/or manufacturer of these
consumer products, which were ``distributed in commerce,'' as those
terms are defined or used in sections 3(a)(5), (7) (11) and (13), of
the CPSA, 15 U.S.C. 2052(a)(5), (7) and (11) (13).
7. Under CPSA section 19(a)(2)(B), it is unlawful for any person to
sell, offer for sale, manufacture for sale, distribute in commerce, or
import into the United States any consumer product that is subject to
voluntary corrective action taken by the manufacturer, in consultation
with the Commission, of which action the Commission has notified the
public, or if the seller, distributor, or manufacturer knew, or should
have known, of such voluntary corrective action.
8. Pursuant to section 20(a)(l) of the CPSA, 15 U.S.C. 2069(a)(1),
any person who ``knowingly'' violates CPSA section 19 is subject to
civil penalties. Under section 20(d) of the CPSA, 15 U.S.C. Sec.
2069(d), the term ``knowingly'' means: ``(1) the having of actual
knowledge, or (2) the presumed having of knowledge deemed to be
possessed by a reasonable man who acts in the circumstances, including
knowledge obtainable upon the exercise of due care to ascertain the
truth of representations.''
9. CPSC staff charges that beginning in or about April 2010, and
including until at least in or about April 2011, Meijer received
information from the third party contractor regarding the sale of all
products handled by its third party contractor but failed to prevent
the distribution of the Recalled Products.
10. CPSC staff charges that the Recalled Products that were resold
include:
1,173 Touch Point Oscillating Ceramic Heaters manufactured
by Ningbo Dongji Electronic Tech Co. LTC and imported by Meijer (CPSC
Release No. 11-053, Nov. 23, 2010);
136 Bathtub Subs imported by Munchkin, Inc. (CPSC Release
No. 11-012, Oct. 18, 2010);
114 Fisher-Price Trikes and Tough Trikes toddler tricycles
manufactured by Fisher-Price (CPSC Release No. 10-359, Sept. 30, 2010);
93 Hoover WindTunnel T-Series Bagless Upright Vacuum
Cleaners with Cord Rewind Feature imported by Hoover Inc. CPSC Release
No. 10-248, May 27, 2010);
69 Little People Wheelies Stand `n Play Rampways imported
by Fisher Price (CPSC Release No. 10-360, Sept. 30, 2010);
50 Discovery Kids Animated Marine and Safari Lamps
imported by Innovage LLC (CPSC Release No. 10-135, Feb. 9, 2010);
27 Ocean Wonders Kick & Crawl Aquariums imported by
Fisher-Price (CPSC Release No. 10-362, Sept. 30, 2010);
17 Refreshing Rings Infant Teethers/Rattles imported by
Sassy (CPSC Release No. 11-114, Jan. 31, 2011);
6 SlingRider Baby Slings manufactured by Infantino (CPSC
Release No. 10-177, Mar. 24, 2010);
5 Box Fans manufactured by Lasko (CPSC Release No. 11-183,
Mar. 24, 2011);
1 Harmony High Chair manufactured by Graco Children's
Products (CPSC Release No. 10-171, Mar. 18, 2010, revised Mar. 21,
2011); and
1 Random Orbit Sander manufactured by Black & Decker (CPSC
Release No. 10-339, Sept. 9, 2010).
11. Staff charges that Meijer's sale and distribution of these
Recalled Products was knowing, as that term 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, Meijer is
subject to a civil penalty for its knowing resale of the Recalled
Products, which was in violation of section 19(a)(2)(B) of the CPSA, 15
U.S.C. 2068(a)(2)(B).
MEIJER'S RESPONSE
13. Meijer neither admits nor denies the charges set forth in
paragraphs 4 through 12 including, but not limited to, the charge that
Meijer knowingly sold, offered for sale, and distributed recalled
consumer products in commerce, in violation of section 19(a)(2)(B) of
the Consumer Product Safety Act (CPSA), 15 U.S.C. 2068(a)(2)(B).
14. Meijer reasonably relied upon the reverse logistics system
operated through an independent third party it hired to handle its
disposition of the Recalled Products. Meijer believed that adequate
safeguards were in place to prevent Recalled Products from being
distributed into commerce and states that any distribution of the
Recalled Products was inadvertent and occurred without Meijer's
knowledge.
15. In March 2011, Meijer, in conjunction with CPSC, voluntarily
re-announced a recall of the Recalled Products that had been
inadvertently distributed through the reverse logistics system operated
through an independent third party.
16. Meijer has informed the Commission that it is not aware of any
reported incidents or injuries associated with the Recalled Products.
AGREEMENT OF THE PARTIES
17. Under the CPSA, the Commission has jurisdiction over the matter
involving the Recalled Products described herein and over Meijer.
18. In settlement of staff's charges, and to avoid the cost,
distraction, delay, uncertainty, and inconvenience of protracted
litigation or other proceedings, Meijer shall pay a civil penalty in
the amount of two million dollars ($2,000,000.00 U.S. dollars), which
shall be due and payable within twenty (20) calendar days after
receiving service of the Commission's final Order accepting the
Agreement. All payments to be made under the Agreement shall constitute
debts owing to the United
[[Page 56347]]
States and shall be made by electronic wire transfer to the United
States via: https://www.pay.gov.
19. The parties agree that this settlement figure is predicated,
among other things, upon the accuracy of oral and written
representations of, and statements by, Meijer and Meijer's
representatives (including representations set forth in the Agreement).
20. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute any legal or factual admission
by Meijer or a determination by the Commission that Meijer violated the
CPSA.
21. Following staff's receipt of the Agreement executed on behalf
of Meijer, staff shall promptly submit the Agreement to the Commission
for provisional acceptance. Promptly following 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, within fifteen
(15) calendar days, the Commission does not receive any written request
not to accept the Agreement, the Agreement shall be deemed finally
accepted on the sixteenth (16th) calendar day after the date the
Agreement is published in the Federal Register, in accordance with 16
CFR 1118.20(f).
22. The Agreement is conditioned upon, and subject to, the
Commission's final acceptance, as set forth above, and is subject to
the provisions of 16 CFR Sec. 1118.20(h). Upon the later of: (i) The
Commission's final acceptance of the Agreement and service of the
accepted Agreement upon Meijer, and (ii) the date of issuance of the
final Order, the Agreement shall be in full force and effect and shall
be binding upon the parties.
23. Effective upon the later of: (i) The Commission's final
acceptance of the Agreement and service of the accepted Agreement upon
Meijer, and (ii) the date of issuance of the final Order, for good and
valuable consideration, Meijer hereby expressly and irrevocably waives
and agrees not to assert any past, present, or future rights to the
following actions or remedies in connection with the matters described
in the Agreement: (a) An administrative or judicial hearing; (b)
judicial review or other challenge or contest of the validity of the
Order or of the Commission's actions; (c) a determination by the
Commission of whether Meijer 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.
24. Meijer represents and agrees that it will maintain a reverse
logistics compliance program designed to avoid violations by Meijer of
CPSA Sec. 19(a)(2)(B) by introducing recalled consumer products into
the stream of commerce. Meijer represents that its ongoing reverse
logistics program will contain (i) written standards, policies, and
procedures for the appropriate disposition of recalled goods; (ii)
mechanisms to communicate to all applicable Meijer employees through
training programs or otherwise, company policies and procedures to
prevent violations of CPSA Sec. 19(a)(2)(B); (iii) management
oversight of a reverse logistics program, including a mechanism for
Meijer employees' confidential reporting to a Meijer official with the
authority to act as necessary; (iv) a policy to retain Meijer reverse
logistics records related to the recalled product collection and
disposition, for at least five (5) years from the date of the recall;
and (v) availability of such records to Commission staff, upon
reasonable request.
25. The parties acknowledge and agree that the Commission may make
public disclosure of the terms of the Agreement and the Order.
26. Meijer represents that the Agreement: (i) Is entered into
freely and voluntarily, without any degree of duress or compulsion
whatsoever; (ii) has been duly authorized; and (iii) constitutes the
valid and binding obligation of Meijer, and each of its successors and/
or assigns, enforceable against Meijer in accordance with the
Agreement's terms. The individuals signing the Agreement on behalf of
Meijer represent and warrant that they are duly authorized by Meijer to
execute the Agreement.
27. The Commission signatories represent that they are signing the
Agreement in their official capacities and that they are authorized to
execute the Agreement.
28. The Agreement is governed by the laws of the United States.
29. The Agreement and the Order shall apply to, and be binding
upon, Meijer and each of its companies, subsidiaries, successors,
transferees, and assigns, and a violation of the Agreement or Order may
subject Meijer and each of its companies, subsidiaries, successors,
transferees, and assigns to appropriate legal action.
30. The Agreement and the Order constitute the complete agreement
between the parties on the subject matter contained herein and therein.
31. 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. For purposes of construction, the
Agreement shall be deemed to have been drafted by both of the parties,
and shall not be construed against any party for that reason in any
subsequent dispute.
32. The Agreement shall not be waived, amended, modified, or
otherwise altered, except as in accordance with the provisions of 16
CFR 1118.20(h). The Agreement may be executed in counterparts.
33. 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 Meijer agree that severing the provision materially affects the
purpose of the Agreement and Order.
Meijer, Inc.
Dated: September 3, 2014.
Janet G. Kelley, Senior Vice President,
General Counsel and Secretary,
Meijer, Inc.,
2929 Walker Avenue NW.,
Grand Rapids, Michigan 49544.
Dated: September 3, 2014.
Georgia C. Ravitz, Esq.,
Arent Fox LLP,
1717 K Street NW.,
Washington, DC 20036,
Counsel for Meijer, Inc.
U.S. Consumer Product Safety, Commission Staff.
Stephanie Tsacoumis,
General Counsel.
Mary T. Boyle,
Deputy General Counsel.
Mary B. Murphy,
Assistant General Counsel.
Dated: September 3, 2014.
Ray M. Aragon,
General Attorney.
UNITED STATES OF AMERICA CONSUMER PRODUCT SAFETY COMMISSION
In the Matter of: Meijer, Inc.
CPSC Docket No.: 14-C0004
ORDER
Upon consideration of the Settlement Agreement entered into between
Meijer, Inc. (``Meijer''), and the U.S. Consumer Product Safety
Commission (``Commission''), and the Commission having jurisdiction
over the subject matter and over Meijer, and it appearing
[[Page 56348]]
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 Meijer shall comply with the terms of the
Settlement Agreement and shall pay a civil penalty of two million
dollars ($2,000,000.00 U.S. dollars), within twenty (20) calendar days
after receiving service of the Commission's final Order accepting the
Settlement Agreement. Upon failure of Meijer to make the foregoing
payment when due, interest on the unpaid amount shall accrue and be
paid by Meijer at the federal legal rate of interest set forth at 28
U.S.C. 1961(a) and (b). If Meijer fails to make such a payment or to
comply in full with any other provision as set forth in the Settlement
Agreement, such conduct will be considered a violation of the
Settlement Agreement and Order.
Provisionally accepted and provisional Order issued on the16th day
of September, 2014.
By Order of the Commission.
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Todd A. Stevenson,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2014-22344 Filed 9-18-14; 8:45 am]
BILLING CODE 6355-01-P
