Home Depot U.S.A., Inc., Provisional Acceptance of a Settlement Agreement and Order, 41002-41005 [2017-18251]
Download as PDF
41002
Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices
specifications (Framework 29). They
also plan to review and provide input
on Framework 29 management
measures; which include: (1) Northern
Gulf of Maine Management Measures;
(2) Development and modification of
flatfish accountability measures; (3)
Modifying access area boundaries to be
consistent with potential changes to
habitat and groundfish mortality
closures through OHA2. The panel will
review and discuss results from the
LAGC IFQ program review. They will
also develop a list of potential 2018
scallop work priorities. Additionally,
the panel will discuss whether there are
any regulations in the Scallop FMP that
could be eliminated, improved, or
streamlined. Several recent Executive
Orders have been issued about
streamlining current regulations, and
NOAA is seeking public input on the
efficiency and effectiveness of current
regulations and whether they can be
improved. Other business may be
discussed as necessary.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during these meetings. Action
will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date. Consistent with 16
U.S.C. 1852, a copy of the recording is
available upon request.
Authority: 16 U.S.C. 1801 et seq.
sradovich on DSK3GMQ082PROD with NOTICES
Dated: August 24, 2017.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–18298 Filed 8–28–17; 8:45 am]
BILLING CODE 3510–22–P
VerDate Sep<11>2014
18:45 Aug 28, 2017
Jkt 241001
CONSUMER PRODUCT SAFETY
COMMISSION
Dated: August 24, 2017.
Todd A. Stevenson,
Secretary.
[CPSC Docket No. 17–C0005]
UNITED STATES OF AMERICA
Home Depot U.S.A., Inc., Provisional
Acceptance of a Settlement Agreement
and Order
CONSUMER PRODUCT SAFETY
COMMISSION
Consumer Product Safety
Commission.
AGENCY:
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 the Consumer Product Safety
Commission’s regulations. Published
below is a provisionally-accepted
Settlement Agreement with Home Depot
U.S.A., Inc. containing a civil penalty in
the amount of five million, seven
hundred thousand dollars ($5,700,000),
within thirty (30) days of service of the
Commission’s final Order accepting the
Settlement Agreement.
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 September
13, 2017.
DATES:
Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 17–C0005, Office of the
Secretary, Consumer Product Safety
Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814–
4408.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Noah AnStraus, Trial Attorney, Division
of Compliance, Office of the General
Counsel, Consumer Product Safety
Commission, 4330 East West Highway,
Bethesda, Maryland 20814–4408;
telephone (301) 504–6963.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.1
1 The Commission voted (4–1) to provisionally
accept the Settlement Agreement and Order
regarding Home Depot U.S.A., Inc. Commissioner
Adler, Commissioner Robinson, Commissioner
Kaye and Commissioner Mohorovic voted to
provisionally accept the Settlement Agreement and
Order. Acting Chairman Buerkle voted to take other
action as follows: Provisionally accept the
Settlement Agreement and Order with an
amendment so as to reduce the penalty amount to
$1.0 million.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
In the Matter of:
Home Depot U.S.A., Inc.
CPSC Docket No.: 17–C0005
SETTLEMENT AGREEMENT
1. In accordance with the Consumer
Product Safety Act, 15 U.S.C. 2051–
2089 (‘‘CPSA’’) and 16 CFR 1118.20,
Home Depot U.S.A., Inc., and its
subsidiaries (collectively, ‘‘Home
Depot’’ or ‘‘the Firm’’), and the United
States Consumer Product Safety
Commission (‘‘Commission’’), through
its staff, hereby enter into this
Settlement Agreement (‘‘Agreement’’).
The Agreement and the incorporated
attached 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. Home Depot is a corporation,
organized and existing under the laws of
the state of Delaware, with its principal
place of business in Atlanta, GA.
STAFF CHARGES
4. Between August 2012 and
November 2016, Home Depot knowingly
sold, offered for sale, and distributed in
commerce recalled consumer products
in violation of Section 19(a)(2)(B) of the
CPSA, 15 U.S.C. 2068(a)(2)(B). Over the
course of 4 years, Home Depot sold,
offered for sale, and distributed in
commerce products from 33 separate
voluntary corrective actions (‘‘Recalls’’)
announced by the Commission, totaling
approximately 2,816 units of recalled
products (the ‘‘Recalled Products’’).
5. The Recalls and the Recalled
Products are:
• HeathCo Motion-Activated Outdoor
Lights, recalled on October 30, 2013;
• Soleil Portable Heaters, recalled on
July 25, 2013;
• Kidde Smoke/Co Alarms, recalled
on September 11, 2014;
• CE Tech Riser Cable, recalled on
April 9, 2013;
• Lithonia Quantum® ELM and ELM2
Two-Light Emergency Light Fixtures,
recalled on May 28, 2014;
E:\FR\FM\29AUN1.SGM
29AUN1
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices
• HDX/Powermate Two-Gallon Air
Compressor, recalled on February 12,
2014;
• Gree Dehumidifiers, recalled on
September 12, 2013, expanded in
January 2014, and reannounced in May
2014;
• RSI Bathroom Medicine Cabinets,
recalled on January 16, 2014;
• Homelite Blower Vacuum, recalled
on April 16, 2015;
• Husky Vertical Bike Hook, recalled
on April 15, 2015;
• Westinghouse Lighting Glass Shade
Holder recalled on March 12, 2015;
• Mohawk Home Rugs, recalled on
November 19, 2014;
• Vornado Air Electric Space Heaters,
recalled on August 14, 2014;
• Fiskar Bypass Lopper, recalled on
October 8, 2014;
• Harris Products Group Welding
Torch, recalled on July 31, 2014;
• Legrand Under Cabinet Power and
Light Strip, recalled on September 6,
2012, and expanded on May 15, 2014;
• Lota Touchless Single-Handle, PullDown Sprayer Faucet, recalled on
September 10, 2015;
• Kidde Fire Extinguisher, recalled on
February 12, 2015;
• Cordelia Shop Light, recalled on
May 22, 2014;
• LG Electronics Electric Range,
recalled on November 8, 2012;
• Genie Garage Door Opener, recalled
on February 25, 2014;
• Honda Mini Tillers, recalled on
May 25, 2016;
• Nourison Rugs, recalled on May 23,
2013;
• Wing Enterprises Stepladder,
recalled on December 11, 2012;
• Gerber Cohort Folding Knife,
recalled on May 26, 2015;
• Nest Labs Smoke/CO Alarms,
recalled on May 21, 2014;
• LG Electronics, Inc., Top Loading
Washer, recalled on December 18, 2012;
• HeathCo Motion Activated Outdoor
Lights, recalled on July 26, 2012;
• Phillips Lighting Halogen Flood
Lights, recalled on September 10, 2015;
• Bosch Slim Grinder, recalled on
May 11, 2016;
• Technical Consumer Products LED
Down Light Fixture, recalled on
September 8, 2015;
• Pramac America LLC Powermate
Portable Generator, recalled on
November 13, 2012; and
• Dyson Bladeless Portable Heater,
recalled on April 1, 2014.
6. The hazards posed by the Recalled
Products include, but are not limited to,
fire hazards, laceration hazards, and
electrocution and shock hazards.
7. The Recalled Products were subject
to voluntary corrective action taken by
VerDate Sep<11>2014
18:45 Aug 28, 2017
Jkt 241001
the manufacturers in consultation with
the Commission of which action the
Commission notified the public. Each
Recall listed above in paragraph 5 was
publicized by the manufacturer and by
the Commission.
8. The Recalled Products are
‘‘consumer products,’’ and, at all
relevant times, Home Depot was a
‘‘retailer’’ of these consumer products,
which were ‘‘distributed in commerce,’’
as those terms are defined or used in
sections 3(a)(5), (8), and (13) of the
CPSA, 15 U.S.C. 2052(a)(5), (8) and (13).
9. 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.
10. 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.’’
11. Home Depot sold and distributed
Recalled Products because Home
Depot’s procedures failed to accurately
identify, quarantine, and prevent the
sale, offer for sale, and distribution of
the Recalled Products. Home Depot sold
and distributed Recalled Products
through the Firm’s traditional register
lanes, Special Services Desks, sales for
salvage from its reverse logistic centers,
Internet sales, and donations through
the Framing Hope program.
12. On May 29, 2015, Home Depot
notified Commission staff that Home
Depot had sold or transferred to its
reverse logistics centers for potential
sale approximately 595 units of seven
different Recalled Products. Staff
conducted an investigation and, based
on information provided by Home
Depot, the Commission and Home
Depot issued a joint press release on
November 18, 2015, announcing that
Home Depot had sold approximately
2,310 units of 28 different Recalled
Products between 2012 and November
2015.
13. After the press release announcing
Home Depot’s sale of the Recalled
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
41003
Products, Home Depot sold or
distributed approximately 40 units of
Recalled Products over the course of an
additional year, with the last reported
sale occurring in November 2016. Home
Depot had also sold or distributed
additional units of the Recalled
Products that were listed in the
November 2015 press release, as well as
units of other Recalled Products that
were either: (i) recalled after the
November 2015 press release, or (ii) had
not been discovered by the time the
November 2015 press release was
issued. In total, staff’s investigation
revealed that Home Depot sold or
distributed at least 2,816 units of 33
different Recalled Products.
14. Home Depot knew and/or should
have known of the sales of Recalled
Products.
15. Home Depot’s sale and
distribution of the Recalled Products
was ‘‘knowing,’’ as that term is defined
in section 20(d) of the CPSA, 15 U.S.C.
2069(d).
16. Pursuant to section 20 of the
CPSA, 15 U.S.C. 2069, Home Depot is
subject to civil penalties for its knowing
sale and distribution of the Recalled
Products, in violation of section
19(a)(2)(B) of the CPSA, 15 U.S.C.
2068(a)(2)(B).
RESPONSE OF HOME DEPOT
17. Home Depot’s settlement of this
matter does not constitute an admission
of staff’s charges as set forth in
paragraphs 4 to 16 above.
18. Home Depot prohibits the sale of
recalled products and took reasonable
measures to prevent recalled products
from being sold or distributed for use by
consumers through ‘‘stop sale’’
procedures and other internal controls.
19. Home Depot identified the postrecall sale and distribution of certain
products through an internal review of
its stop sale procedures. Home Depot
voluntarily notified the Commission,
and Home Depot then worked
cooperatively with Commission staff to
expand the scope of the review and
address the identified issues.
20. Home Depot has enhanced its
processes and systems to further reduce
the risk of selling or distributing
recalled products.
21. Home Depot enters into this
Agreement to settle this matter without
the delay and avoid the unnecessary
expense of litigation.
AGREEMENT OF THE PARTIES
22. Under the CPSA, the Commission
has jurisdiction over the matter
involving the Recalled Products
described in this Agreement and over
Home Depot.
E:\FR\FM\29AUN1.SGM
29AUN1
sradovich on DSK3GMQ082PROD with NOTICES
41004
Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices
23. The parties enter into the
Agreement for settlement purposes only.
The Agreement does not constitute an
admission by Home Depot, or a
determination by the Commission, that
Home Depot knowingly violated the
CPSA.
24. In settlement of staff’s charges,
and to avoid the cost, distraction, delay,
uncertainty, and inconvenience of
protracted litigation or other
proceedings, Home Depot shall pay a
civil penalty in the amount of $5.7
million (five million, seven hundred
thousand) within thirty (30) 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 States and
shall be made by electronic wire transfer
to the United States via: https://
www.pay.gov for allocation to, and
credit against, the payment obligations
of Home Depot under this Agreement.
Failure to make such payment by the
date specified in the Commission’s final
Order shall constitute Default.
25. All unpaid amounts, if any, due
and owing under the Agreement, shall
constitute a debt due and immediately
owing by Home Depot to the United
States, and interest shall accrue and be
paid by Home Depot at the federal legal
rate of interest set forth at 28 U.S.C.
§ 1961(a) and (b), from the date of
Default, until all amounts due have been
paid in full (hereinafter ‘‘Default
Payment Amount’’ and ‘‘Default Interest
Balance’’). Home Depot shall consent to
a Consent Judgment in the amount of
the Default Payment Amount and
Default Interest Balance, and the United
States, at its sole option, may collect the
entire Default Payment Amount and
Default Interest Balance, or exercise any
other rights granted by law or in equity,
including, but not limited to, referring
such matters for private collection; and
Home Depot agrees not to contest, and
hereby waives and discharges any
defenses to, any collection action
undertaken by the United States, or its
agents or contractors, pursuant to this
paragraph. Home Depot shall pay the
United States all reasonable costs of
collection and enforcement under this
paragraph, respectively, including
reasonable attorney’s fees and expenses.
26. After staff receives this Agreement
executed on behalf of Home Depot, 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
VerDate Sep<11>2014
18:45 Aug 28, 2017
Jkt 241001
procedures set forth in 16 C.F.R.
§ 1118.20(e). If the Commission does not
receive any written request not to accept
the Agreement within fifteen (15)
calendar days, the Agreement shall be
deemed finally accepted on the 16th
calendar day after the date the
Agreement is published in the Federal
Register, in accordance with 16 C.F.R.
§ 1118.20(f).
27. This Agreement is conditioned
upon, and subject to, the Commission’s
final acceptance, as set forth above, and
it is subject to the provisions of 16
C.F.R. § 1118.20(h). Upon the later of: (i)
Commission’s final acceptance of this
Agreement and service of the accepted
Agreement upon Home Depot, and (ii)
the date of issuance of the final Order,
this Agreement shall be in full force and
effect and shall be binding upon the
parties.
28. Effective upon the later of: (i) the
Commission’s final acceptance of the
Agreement and service of the accepted
Agreement upon Home Depot, and (ii)
the date of issuance of the final Order,
for good and valuable consideration,
Home Depot hereby expressly and
irrevocably waives and agrees not to
assert any past, present, or future rights
to the following, in connection with the
matter described in this Agreement: (i)
an administrative or judicial hearing; (ii)
judicial review or other challenge or
contest of the Commission’s actions; (iii)
a determination by the Commission of
whether Home Depot failed to comply
with the CPSA and the underlying
regulations; (iv) a statement of findings
of fact and conclusions of law; and (v)
any claims under the Equal Access to
Justice Act.
29. Home Depot represents and agrees
that it has and will maintain a
compliance program designed to ensure
compliance with the CPSA with respect
to any consumer product imported,
manufactured, distributed or sold by the
Firm. The compliance program shall
contain the following elements: written
standards, policies, and procedures
designed to ensure compliance with
CPSA statutes and regulations;
procedures to ensure that relevant
information is conveyed effectively to
appropriate personnel responsible for
CPSA compliance; mechanisms to
communicate to all applicable Home
Depot employees through training
programs or otherwise, company
policies and procedures to prevent
violations of CPSA § 19; a program for
the appropriate disposition of recalled
goods; management oversight of that
program, including a mechanism for
confidential employee reporting of
compliance-related questions or
concerns to either a compliance officer
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
or to another senior manager with
authority to act as necessary; senior
management responsibility for, and
general board oversight of, CPSA
compliance; retention of all CPSA
compliance-related records for at least
five (5) years; and availability of such
records to staff upon reasonable request.
30. Home Depot represents and agrees
that it has and will maintain and
enforce a system of internal controls and
procedures designed to ensure that,
with respect to all consumer products
manufactured, imported, distributed, or
sold by Home Depot: information
required to be disclosed by Home Depot
to the Commission is recorded,
processed, and reported in accordance
with applicable law; all reporting made
to the Commission is timely, truthful,
complete, accurate, and in accordance
with applicable law; and prompt
disclosure is made to Home Depot’s
management of any significant
deficiencies or material weaknesses in
the design or operation of such internal
controls that are reasonably likely to
affect adversely, in any material respect,
Home Depot’s ability to record, process,
and report to the Commission in
accordance with applicable law.
31. Upon reasonable request of staff,
Home Depot shall provide written
documentation of its internal controls
and procedures, including, but not
limited to, the effective dates of the
procedures and improvements thereto.
Home Depot shall cooperate fully and
truthfully with staff and shall make
available all non-privileged information
and materials, and personnel deemed
necessary by staff to evaluate Home
Depot’s compliance with the terms of
the Agreement.
32. The parties acknowledge and
agree that the Commission may
publicize the terms of the Agreement
and the Order.
33. Home Depot 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 Home Depot, and each of
its successors, transferees, and assigns,
enforceable against Home Depot in
accordance with the Agreement’s terms.
The individuals signing the Agreement
on behalf of Home Depot represent and
warrant that they are duly authorized by
Home Depot to execute the Agreement.
34. The signatories represent that they
are authorized to execute this
Agreement.
35. The Agreement is governed by the
laws of the United States.
36. The Agreement and the Order
shall apply to, and be binding upon,
E:\FR\FM\29AUN1.SGM
29AUN1
sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 166 / Tuesday, August 29, 2017 / Notices
Home Depot and each of its successors,
transferees, and assigns, and a violation
of the Agreement or Order may subject
Home Depot, and each of its successors,
transferees, and assigns, to appropriate
legal action.
37. The Agreement and the Order
constitute the complete agreement
between the parties on the subject
matter contained therein.
38. 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, therefore, be
construed against any party for that
reason in any subsequent dispute.
39. The Agreement may 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.
40. 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 Home Depot
agree in writing that severing the
provision materially affects the purpose
of the Agreement and the Order.
HOME DEPOT U.S.A., INC.
Dated: August 10, 2017
By: llllllllllllllll
Dated: August 10, 2017
By: llllllllllllllll
Eric Rubel, Esq., Arnold & Porter Kaye
Scholer LLP, 601 Massachusetts Ave.
NW., Washington, DC 20001–3743,
Counsel for Home Depot
U.S. CONSUMER PRODUCT SAFETY
COMMISSION
Mary T. Boyle, General Counsel
Mary B. Murphy, Assistant General
Counsel
Dated: August 10, 2017
By: llllllllllllllll
Noah AnStraus, Trial Attorney, Division
of Compliance, Office of the General
Counsel
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY
COMMISSION
In the Matter of:
Home Depot U.S.A., Inc.
VerDate Sep<11>2014
18:45 Aug 28, 2017
Jkt 241001
CPSC Docket No.: 17–C0005
41005
This meeting is
available to the public through the
following toll-free call-in number: 877–
917–5789 conference call access code
number 8834875. Any interested
member of the public may call this
number and listen to the meeting.
Callers can expect to incur charges for
calls they initiate over wireless lines,
and CNCS will not refund any incurred
charges. Callers will incur no charge for
calls they initiate over land-line
connections to the toll-free telephone
number. Replays are generally available
one hour after a call ends. The toll-free
phone number for the replay is 888–
293–8913. TTY: 402–998–1748. The end
replay date is September 21, 2017 at
11:59 p.m. (ET).
CALL-IN INFORMATION:
ORDER
Upon consideration of the Settlement
Agreement entered into between Home
Depot U.S.A., Inc. (‘‘Home Depot’’ and
‘‘the Firm’’), and the U.S. Consumer
Product Safety Commission
(‘‘Commission’’), and the Commission
having jurisdiction over the subject
matter and over Home Depot, 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 Home
Depot shall comply with the terms of
the Settlement Agreement and shall pay
a civil penalty in the amount of $5.7
million (five million, seven hundred
thousand) within thirty (30) days after
service of the Commission’s final Order
accepting the Settlement Agreement.
The payment shall be made by
electronic wire transfer to the
Commission via: https://www.pay.gov.
Upon the failure of Home Depot to make
the foregoing payment when due,
interest on the unpaid amount shall
accrue and be paid by Home Depot at
the federal legal rate of interest set forth
at 28 U.S.C. 1961(a) and (b). If Home
Depot fails to make such payment or to
comply in full with any other provision
of the Settlement Agreement, such
conduct will be considered a violation
of the Settlement Agreement and Order.
Provisionally accepted and provisional
Order issued on the 24th day of August,
2017.
By Order of the Commission:
llllllllllllllllll
Todd A. Stevenson, Secretariat
U.S. Consumer Product Safety
Commission.
[FR Doc. 2017–18251 Filed 8–28–17; 8:45 am]
BILLING CODE 6355–01–P
STATUS:
Open.
MATTERS TO BE CONSIDERED:
I. Chair’s Opening Comments
II. Acting CEO Report
III. Public Comments
IV. Final Comments and Adjournment
Members of the public who would
like to comment on the business of the
Board may do so in writing or in person.
Individuals may submit written
comments to eharsch@cns.gov with
subject line: SEPTEMBER 2017 CNCS
BOARD MEETING by 5:00 p.m. (ET) on
August 31, 2017. Individuals attending
the meeting in person who would like
to comment will be asked to sign-in
upon arrival. Comments are requested to
be limited to 2 minutes.
The
Corporation for National and
Community Service provides reasonable
accommodations to individuals with
disabilities where appropriate. Anyone
who needs an interpreter or other
accommodation should notify Eric
Harsch at eharsch@cns.gov or 202–606–
6928 by 5 p.m. (ET) on May 19, 2017.
REASONABLE ACCOMMODATIONS:
CONTACT PERSON FOR MORE INFORMATION:
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Sunshine Act Notice
The Board of Directors of the
Corporation for National and
Community Service gives notice of the
following meeting:
DATE AND TIME: Thursday, September 7,
2017, 3:00–4:00 p.m. (ET).
PLACE: Corporation for National and
Community Service, 250 E Street SW.,
Suite 4026, Washington, DC 20525
(Please go to the first floor lobby
reception area for escort).
PO 00000
Frm 00024
Fmt 4703
Sfmt 9990
Eric Harsch, Program Support Assistant,
Corporation for National and
Community Service, 250 E Street SW.,
Washington, DC 20525. Phone: 202–
606–6928. Fax: 202–606–3460. TTY:
800–833–3722. Email: eharsch@cns.gov.
Dated: August 24, 2017.
Timothy F. Noelker,
General Counsel.
[FR Doc. 2017–18360 Filed 8–25–17; 11:15 am]
BILLING CODE 6050–28–P
E:\FR\FM\29AUN1.SGM
29AUN1
Agencies
[Federal Register Volume 82, Number 166 (Tuesday, August 29, 2017)]
[Notices]
[Pages 41002-41005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-18251]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 17-C0005]
Home Depot U.S.A., 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 the Consumer
Product Safety Commission's regulations. Published below is a
provisionally-accepted Settlement Agreement with Home Depot U.S.A.,
Inc. containing a civil penalty in the amount of five million, seven
hundred thousand dollars ($5,700,000), within thirty (30) 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 September 13, 2017.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 17-C0005, Office of the
Secretary, Consumer Product Safety Commission, 4330 East West Highway,
Room 820, Bethesda, Maryland 20814-4408.
FOR FURTHER INFORMATION CONTACT: Noah AnStraus, Trial Attorney,
Division of Compliance, Office of the General Counsel, Consumer Product
Safety Commission, 4330 East West Highway, Bethesda, Maryland 20814-
4408; telephone (301) 504-6963. SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears below.\1\
---------------------------------------------------------------------------
\1\ The Commission voted (4-1) to provisionally accept the
Settlement Agreement and Order regarding Home Depot U.S.A., Inc.
Commissioner Adler, Commissioner Robinson, Commissioner Kaye and
Commissioner Mohorovic voted to provisionally accept the Settlement
Agreement and Order. Acting Chairman Buerkle voted to take other
action as follows: Provisionally accept the Settlement Agreement and
Order with an amendment so as to reduce the penalty amount to $1.0
million.
Dated: August 24, 2017.
Todd A. Stevenson,
Secretary.
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY COMMISSION
In the Matter of:
Home Depot U.S.A., Inc.
CPSC Docket No.: 17-C0005
SETTLEMENT AGREEMENT
1. In accordance with the Consumer Product Safety Act, 15 U.S.C.
2051-2089 (``CPSA'') and 16 CFR 1118.20, Home Depot U.S.A., Inc., and
its subsidiaries (collectively, ``Home Depot'' or ``the Firm''), and
the United States Consumer Product Safety Commission (``Commission''),
through its staff, hereby enter into this Settlement Agreement
(``Agreement''). The Agreement and the incorporated attached 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 Sec. 1118.20(b). The Commission issues
the Order under the provisions of the CPSA.
3. Home Depot is a corporation, organized and existing under the
laws of the state of Delaware, with its principal place of business in
Atlanta, GA.
STAFF CHARGES
4. Between August 2012 and November 2016, Home Depot knowingly
sold, offered for sale, and distributed in commerce recalled consumer
products in violation of Section 19(a)(2)(B) of the CPSA, 15 U.S.C.
2068(a)(2)(B). Over the course of 4 years, Home Depot sold, offered for
sale, and distributed in commerce products from 33 separate voluntary
corrective actions (``Recalls'') announced by the Commission, totaling
approximately 2,816 units of recalled products (the ``Recalled
Products'').
5. The Recalls and the Recalled Products are:
HeathCo Motion-Activated Outdoor Lights, recalled on
October 30, 2013;
Soleil Portable Heaters, recalled on July 25, 2013;
Kidde Smoke/Co Alarms, recalled on September 11, 2014;
CE Tech Riser Cable, recalled on April 9, 2013;
Lithonia Quantum[supreg] ELM and ELM2 Two-Light Emergency
Light Fixtures, recalled on May 28, 2014;
[[Page 41003]]
HDX/Powermate Two-Gallon Air Compressor, recalled on
February 12, 2014;
Gree Dehumidifiers, recalled on September 12, 2013,
expanded in January 2014, and reannounced in May 2014;
RSI Bathroom Medicine Cabinets, recalled on January 16,
2014;
Homelite Blower Vacuum, recalled on April 16, 2015;
Husky Vertical Bike Hook, recalled on April 15, 2015;
Westinghouse Lighting Glass Shade Holder recalled on March
12, 2015;
Mohawk Home Rugs, recalled on November 19, 2014;
Vornado Air Electric Space Heaters, recalled on August 14,
2014;
Fiskar Bypass Lopper, recalled on October 8, 2014;
Harris Products Group Welding Torch, recalled on July 31,
2014;
Legrand Under Cabinet Power and Light Strip, recalled on
September 6, 2012, and expanded on May 15, 2014;
Lota Touchless Single-Handle, Pull-Down Sprayer Faucet,
recalled on September 10, 2015;
Kidde Fire Extinguisher, recalled on February 12, 2015;
Cordelia Shop Light, recalled on May 22, 2014;
LG Electronics Electric Range, recalled on November 8,
2012;
Genie Garage Door Opener, recalled on February 25, 2014;
Honda Mini Tillers, recalled on May 25, 2016;
Nourison Rugs, recalled on May 23, 2013;
Wing Enterprises Stepladder, recalled on December 11,
2012;
Gerber Cohort Folding Knife, recalled on May 26, 2015;
Nest Labs Smoke/CO Alarms, recalled on May 21, 2014;
LG Electronics, Inc., Top Loading Washer, recalled on
December 18, 2012;
HeathCo Motion Activated Outdoor Lights, recalled on July
26, 2012;
Phillips Lighting Halogen Flood Lights, recalled on
September 10, 2015;
Bosch Slim Grinder, recalled on May 11, 2016;
Technical Consumer Products LED Down Light Fixture,
recalled on September 8, 2015;
Pramac America LLC Powermate Portable Generator, recalled
on November 13, 2012; and
Dyson Bladeless Portable Heater, recalled on April 1,
2014.
6. The hazards posed by the Recalled Products include, but are not
limited to, fire hazards, laceration hazards, and electrocution and
shock hazards.
7. The Recalled Products were subject to voluntary corrective
action taken by the manufacturers in consultation with the Commission
of which action the Commission notified the public. Each Recall listed
above in paragraph 5 was publicized by the manufacturer and by the
Commission.
8. The Recalled Products are ``consumer products,'' and, at all
relevant times, Home Depot was a ``retailer'' of these consumer
products, which were ``distributed in commerce,'' as those terms are
defined or used in sections 3(a)(5), (8), and (13) of the CPSA, 15
U.S.C. 2052(a)(5), (8) and (13).
9. 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.
10. 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.''
11. Home Depot sold and distributed Recalled Products because Home
Depot's procedures failed to accurately identify, quarantine, and
prevent the sale, offer for sale, and distribution of the Recalled
Products. Home Depot sold and distributed Recalled Products through the
Firm's traditional register lanes, Special Services Desks, sales for
salvage from its reverse logistic centers, Internet sales, and
donations through the Framing Hope program.
12. On May 29, 2015, Home Depot notified Commission staff that Home
Depot had sold or transferred to its reverse logistics centers for
potential sale approximately 595 units of seven different Recalled
Products. Staff conducted an investigation and, based on information
provided by Home Depot, the Commission and Home Depot issued a joint
press release on November 18, 2015, announcing that Home Depot had sold
approximately 2,310 units of 28 different Recalled Products between
2012 and November 2015.
13. After the press release announcing Home Depot's sale of the
Recalled Products, Home Depot sold or distributed approximately 40
units of Recalled Products over the course of an additional year, with
the last reported sale occurring in November 2016. Home Depot had also
sold or distributed additional units of the Recalled Products that were
listed in the November 2015 press release, as well as units of other
Recalled Products that were either: (i) recalled after the November
2015 press release, or (ii) had not been discovered by the time the
November 2015 press release was issued. In total, staff's investigation
revealed that Home Depot sold or distributed at least 2,816 units of 33
different Recalled Products.
14. Home Depot knew and/or should have known of the sales of
Recalled Products.
15. Home Depot's sale and distribution of the Recalled Products was
``knowing,'' as that term is defined in section 20(d) of the CPSA, 15
U.S.C. 2069(d).
16. Pursuant to section 20 of the CPSA, 15 U.S.C. 2069, Home Depot
is subject to civil penalties for its knowing sale and distribution of
the Recalled Products, in violation of section 19(a)(2)(B) of the CPSA,
15 U.S.C. 2068(a)(2)(B).
RESPONSE OF HOME DEPOT
17. Home Depot's settlement of this matter does not constitute an
admission of staff's charges as set forth in paragraphs 4 to 16 above.
18. Home Depot prohibits the sale of recalled products and took
reasonable measures to prevent recalled products from being sold or
distributed for use by consumers through ``stop sale'' procedures and
other internal controls.
19. Home Depot identified the post-recall sale and distribution of
certain products through an internal review of its stop sale
procedures. Home Depot voluntarily notified the Commission, and Home
Depot then worked cooperatively with Commission staff to expand the
scope of the review and address the identified issues.
20. Home Depot has enhanced its processes and systems to further
reduce the risk of selling or distributing recalled products.
21. Home Depot enters into this Agreement to settle this matter
without the delay and avoid the unnecessary expense of litigation.
AGREEMENT OF THE PARTIES
22. Under the CPSA, the Commission has jurisdiction over the matter
involving the Recalled Products described in this Agreement and over
Home Depot.
[[Page 41004]]
23. The parties enter into the Agreement for settlement purposes
only. The Agreement does not constitute an admission by Home Depot, or
a determination by the Commission, that Home Depot knowingly violated
the CPSA.
24. In settlement of staff's charges, and to avoid the cost,
distraction, delay, uncertainty, and inconvenience of protracted
litigation or other proceedings, Home Depot shall pay a civil penalty
in the amount of $5.7 million (five million, seven hundred thousand)
within thirty (30) 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
States and shall be made by electronic wire transfer to the United
States via: https://www.pay.gov for allocation to, and credit against,
the payment obligations of Home Depot under this Agreement. Failure to
make such payment by the date specified in the Commission's final Order
shall constitute Default.
25. All unpaid amounts, if any, due and owing under the Agreement,
shall constitute a debt due and immediately owing by Home Depot to the
United States, and interest shall accrue and be paid by Home Depot at
the federal legal rate of interest set forth at 28 U.S.C. Sec. 1961(a)
and (b), from the date of Default, until all amounts due have been paid
in full (hereinafter ``Default Payment Amount'' and ``Default Interest
Balance''). Home Depot shall consent to a Consent Judgment in the
amount of the Default Payment Amount and Default Interest Balance, and
the United States, at its sole option, may collect the entire Default
Payment Amount and Default Interest Balance, or exercise any other
rights granted by law or in equity, including, but not limited to,
referring such matters for private collection; and Home Depot agrees
not to contest, and hereby waives and discharges any defenses to, any
collection action undertaken by the United States, or its agents or
contractors, pursuant to this paragraph. Home Depot shall pay the
United States all reasonable costs of collection and enforcement under
this paragraph, respectively, including reasonable attorney's fees and
expenses.
26. After staff receives this Agreement executed on behalf of Home
Depot, 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 C.F.R. Sec. 1118.20(e). If the
Commission does not receive any written request not to accept the
Agreement within fifteen (15) calendar days, the Agreement shall be
deemed finally accepted on the 16th calendar day after the date the
Agreement is published in the Federal Register, in accordance with 16
C.F.R. Sec. 1118.20(f).
27. This Agreement is conditioned upon, and subject to, the
Commission's final acceptance, as set forth above, and it is subject to
the provisions of 16 C.F.R. Sec. 1118.20(h). Upon the later of: (i)
Commission's final acceptance of this Agreement and service of the
accepted Agreement upon Home Depot, and (ii) the date of issuance of
the final Order, this Agreement shall be in full force and effect and
shall be binding upon the parties.
28. Effective upon the later of: (i) the Commission's final
acceptance of the Agreement and service of the accepted Agreement upon
Home Depot, and (ii) the date of issuance of the final Order, for good
and valuable consideration, Home Depot hereby expressly and irrevocably
waives and agrees not to assert any past, present, or future rights to
the following, in connection with the matter described in this
Agreement: (i) an administrative or judicial hearing; (ii) judicial
review or other challenge or contest of the Commission's actions; (iii)
a determination by the Commission of whether Home Depot failed to
comply with the CPSA and the underlying regulations; (iv) a statement
of findings of fact and conclusions of law; and (v) any claims under
the Equal Access to Justice Act.
29. Home Depot represents and agrees that it has and will maintain
a compliance program designed to ensure compliance with the CPSA with
respect to any consumer product imported, manufactured, distributed or
sold by the Firm. The compliance program shall contain the following
elements: written standards, policies, and procedures designed to
ensure compliance with CPSA statutes and regulations; procedures to
ensure that relevant information is conveyed effectively to appropriate
personnel responsible for CPSA compliance; mechanisms to communicate to
all applicable Home Depot employees through training programs or
otherwise, company policies and procedures to prevent violations of
CPSA Sec. 19; a program for the appropriate disposition of recalled
goods; management oversight of that program, including a mechanism for
confidential employee reporting of compliance-related questions or
concerns to either a compliance officer or to another senior manager
with authority to act as necessary; senior management responsibility
for, and general board oversight of, CPSA compliance; retention of all
CPSA compliance-related records for at least five (5) years; and
availability of such records to staff upon reasonable request.
30. Home Depot represents and agrees that it has and will maintain
and enforce a system of internal controls and procedures designed to
ensure that, with respect to all consumer products manufactured,
imported, distributed, or sold by Home Depot: information required to
be disclosed by Home Depot to the Commission is recorded, processed,
and reported in accordance with applicable law; all reporting made to
the Commission is timely, truthful, complete, accurate, and in
accordance with applicable law; and prompt disclosure is made to Home
Depot's management of any significant deficiencies or material
weaknesses in the design or operation of such internal controls that
are reasonably likely to affect adversely, in any material respect,
Home Depot's ability to record, process, and report to the Commission
in accordance with applicable law.
31. Upon reasonable request of staff, Home Depot shall provide
written documentation of its internal controls and procedures,
including, but not limited to, the effective dates of the procedures
and improvements thereto. Home Depot shall cooperate fully and
truthfully with staff and shall make available all non-privileged
information and materials, and personnel deemed necessary by staff to
evaluate Home Depot's compliance with the terms of the Agreement.
32. The parties acknowledge and agree that the Commission may
publicize the terms of the Agreement and the Order.
33. Home Depot 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 Home Depot, and each of its successors,
transferees, and assigns, enforceable against Home Depot in accordance
with the Agreement's terms. The individuals signing the Agreement on
behalf of Home Depot represent and warrant that they are duly
authorized by Home Depot to execute the Agreement.
34. The signatories represent that they are authorized to execute
this Agreement.
35. The Agreement is governed by the laws of the United States.
36. The Agreement and the Order shall apply to, and be binding
upon,
[[Page 41005]]
Home Depot and each of its successors, transferees, and assigns, and a
violation of the Agreement or Order may subject Home Depot, and each of
its successors, transferees, and assigns, to appropriate legal action.
37. The Agreement and the Order constitute the complete agreement
between the parties on the subject matter contained therein.
38. 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, therefore, be construed against any party for that
reason in any subsequent dispute.
39. The Agreement may 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.
40. 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 Home Depot agree in writing that severing the provision materially
affects the purpose of the Agreement and the Order.
HOME DEPOT U.S.A., INC.
Dated: August 10, 2017
By:--------------------------------------------------------------------
Dated: August 10, 2017
By:--------------------------------------------------------------------
Eric Rubel, Esq., Arnold & Porter Kaye Scholer LLP, 601 Massachusetts
Ave. NW., Washington, DC 20001-3743, Counsel for Home Depot
U.S. CONSUMER PRODUCT SAFETY COMMISSION
Mary T. Boyle, General Counsel
Mary B. Murphy, Assistant General Counsel
Dated: August 10, 2017
By:--------------------------------------------------------------------
Noah AnStraus, Trial Attorney, Division of Compliance, Office of the
General Counsel
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY COMMISSION
In the Matter of:
Home Depot U.S.A., Inc.
CPSC Docket No.: 17-C0005
ORDER
Upon consideration of the Settlement Agreement entered into between
Home Depot U.S.A., Inc. (``Home Depot'' and ``the Firm''), and the U.S.
Consumer Product Safety Commission (``Commission''), and the Commission
having jurisdiction over the subject matter and over Home Depot, 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 Home Depot shall comply with the terms of the
Settlement Agreement and shall pay a civil penalty in the amount of
$5.7 million (five million, seven hundred thousand) within thirty (30)
days after service of the Commission's final Order accepting the
Settlement Agreement. The payment shall be made by electronic wire
transfer to the Commission via: https://www.pay.gov. Upon the failure
of Home Depot to make the foregoing payment when due, interest on the
unpaid amount shall accrue and be paid by Home Depot at the federal
legal rate of interest set forth at 28 U.S.C. 1961(a) and (b). If Home
Depot fails to make such payment or to comply in full with any other
provision of the Settlement Agreement, such conduct will be considered
a violation of the Settlement Agreement and Order.
Provisionally accepted and provisional Order issued on the 24th day of
August, 2017.
By Order of the Commission:
-----------------------------------------------------------------------
Todd A. Stevenson, Secretariat
U.S. Consumer Product Safety Commission.
[FR Doc. 2017-18251 Filed 8-28-17; 8:45 am]
BILLING CODE 6355-01-P