Amazon.Com, Inc., 38450-38471 [2021-15440]
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TABLE 2—TAKE ANALYSIS, PERDIDO LOA—Continued
Authorized
take
Species
Beaked whales ................................................................................................
Rough-toothed dolphin ....................................................................................
Bottlenose dolphin 5 .........................................................................................
Clymene dolphin ..............................................................................................
Atlantic spotted dolphin ...................................................................................
Pantropical spotted dolphin .............................................................................
Spinner dolphin ................................................................................................
Striped dolphin .................................................................................................
Fraser’s dolphin ...............................................................................................
Risso’s dolphin .................................................................................................
Melon-headed whale .......................................................................................
Pygmy killer whale ...........................................................................................
False killer whale .............................................................................................
Killer whale ......................................................................................................
Short-finned pilot whale ...................................................................................
Scaled take 1
3,793
496
21
1,521
0
15,101
354
790
281
249
1,109
410
464
7
88
383.1
142.4
n/a
436.5
n/a
4,334.0
101.6
226.7
80.6
73.5
327.2
121.0
136.9
n/a
26.0
Abundance 2
Percent
abundance
3,768
4,853
176,108
11,895
74,785
102,361
25,114
5,229
1,665
3,764
7,003
2,126
3,204
267
1,981
10.2
2.9
0.0
3.7
n/a
4.2
0.4
4.3
4.8
2.0
4.7
5.7
4.3
2.6
1.3
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1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers
shown here.
2 Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was
produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual
abundance is available. For the killer whale, the larger estimated SAR abundance estimate is used.
3 The final rule refers to the GOM Bryde’s whale (Balaenoptera edeni). These whales were subsequently described as a new species, Rice’s
whale (Balaenoptera ricei) (Rosel et al., 2021).
4 Includes 9 takes by Level A harassment and 218 takes by Level B harassment. Scalar ratio is applied to takes by Level B harassment only;
small numbers determination made on basis of scaled Level B harassment take plus Level A harassment take.
5 Modeled take of 16 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006).
Based on the analysis contained
herein of Shell’s proposed survey
activity described in its LOA
applications and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals will
be taken relative to the affected species
or stock sizes (i.e., less than one-third of
the best available abundance estimate)
and therefore the taking is of no more
than small numbers.
Dated: July 14, 2021.
Catherine Marzin,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
Authorization
[CPSC Docket No. 21–2]
NMFS has determined that the level
of taking for these LOA requests is
consistent with the findings made for
the total taking allowable under the
incidental take regulations and that the
amount of take authorized under the
LOAs is of no more than small numbers.
Accordingly, we have issued two LOAs
to Shell authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
Amazon.Com, Inc.
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[FR Doc. 2021–15453 Filed 7–20–21; 8:45 am]
BILLING CODE 3510–22–P
CONSUMER PRODUCT SAFETY
COMMISSION
Consumer Product Safety
Commission.
ACTION: Publication of a Complaint
under the Consumer Product Safety Act.
AGENCY:
Under provisions of its Rules
of Practice for Adjudicative Proceeding,
the Consumer Product Safety
Commission must publish in the
Federal Register Complaints which it
SUMMARY:
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issues. Published below is a Complaint:
In the matter of Amazon.com.
FOR FURTHER INFORMATION CONTACT:
Alberta E. Mills, Secretary, Division of
the Secretariat, Office of the General
Counsel, U.S. Consumer Product Safety
Commission, 4330 East-West Highway,
Bethesda, MD 20814, (301) 504–7479
(Office) or 240–863–8938 (cell).
SUPPLEMENTARY INFORMATION: The
Commission voted 3–1 to authorize
issuance of this Complaint. Acting
Chairman Adler, Commissioners Kaye
and Feldman voted to authorize
issuance of the Complaint.
Commissioner Baiocco voted to not
authorize issuance of the Complaint.
The text of the Complaint appears
below.
Dated: July 15, 2021.
Alberta E. Mills,
Secretary, Consumer Product Safety
Commission.
BILLING CODE 6355–01–P
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38451
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY COMMISSION
)
)
)
)
)
)
)
)
)
In the Matter of
AMAZON.COM, INC.
Respondent.
CPSC DOCKET NO.: 21-2
COMPLAINT
I.
NATURE OF THE PROCEEDINGS
1.
This administrative enforcement proceeding is instituted pursuant to Sections
15(c) and (d) of the Consumer Product Safety Act ("CPSA"), as amended, 15 U.S.C. §§ 2064(c)
and (d), seeking public notification and remedial action to protect the public from the substantial
product hazards presented by certain consumer products sold on amazon.com, and distributed by
Amazon.com, Inc. through its Fulfilled by Amazon ("FBA") program. These consumer products
are set forth in more detail below.
2.
This proceeding is governed by the Rules of Practice for Adjudicative
Proceedings before the Consumer Product Safety Commission (the "Commission"), 16 C.F .R. §
1025.
II.
JURISDICTION
3.
This proceeding is instituted pursuant to the authority contained in Sections
15(c) and (d), of the CPSA, 15 U.S.C. §§ 2064(c), (d).
ill.
THE PARTIES
4.
Complaint Counsel is staff of the Office of Compliance and Field Operations in
the Division of Enforcement and Litigation of the U.S. Consumer Product Safety Commission
established pursuant to Section 4 of the CPSA, 15 U.S.C. § 2053.
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("Complaint Counsel"). The Commission is an independent federal regulatory agency
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5.
Respondent Amazon.com, Inc. ("Amazon") is a C Corporation with its principal
place of business located at 410 Terry Avenue, North, Seattle, Washington 98109.
6.
For the reasons set forth in Section IV below, with respect to its FBA products
Amazon is a "distributor'' that "distributes [consumer products] in commerce," as those terms are
defined in Sections 3(a)(5), (7), and (8) of the CPSA, 15 U.S.C. §§ 2052(a)(5), (7), and (8).
IV.
AMAZON'S "FULFILLED BY AMAZON" PROGRAM
7.
Amazon operates an online marketplace for consumers - amazon.com- that
includes listings for consumer products, as that term is defined at Section 3(a)(5) of the CPSA,
15 U.S.C. § 2052(a)(5).
8.
Through amazon.com, Amazon offers an e-commerce marketplace in which
Amazon and merchants can connect with consumers via the internet, expanding sales
opportunities beyond traditional brick-and-mortar and direct retail sales channels.
9.
Merchants enter into a business arrangement with Amazon to participate in
Amazon's consumer marketplace, which includes a Business Services Agreement and, for
Amazon's FBA program, FBA policies and requirements. Products offered for sale on
amazon.com appear on webpages known as product listings and are identified by Amazon
Standard Identification Numbers, or ASINs, assigned by Amazon.
Amazon offers consumer products for sale on amazon.com through at least three paths: (a) as a
retailer (including through its AmazonBasics brands and in partnership with other entities), (b)
as a distributor through its FBA program, and (c) through its Merchant Fulfilled Network
("MFN"), for which merchants generally ship products directly to consumers. The majority of
Amazon's sales occur through its FBA program.
10.
Amazon offers a variety of services in furtherance of bringing its FBA products
to consumers' doorsteps. These services include, but are not limited to, storing FBA products at
administering additional sorting and shipping services, including the use of Amazon employees
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Amazon fulfillment centers, stocking and maintaining an inventory ofFBA products, and
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38453
to interact with the product, categorize it with the help of computers and robots, label it, and
move it through the distribution process. Additional services include Amazon's retrieval ofFBA
products from the merchant's inventory, placement ofFBA products in a shipping container,
delivery ofFBA products directly to consumers' doorsteps in Amazon delivery vehicles or via a
shipping carrier Amazon procures, approval of all FBA ASINs, provision of 24/7 customer
service, and processing all FBA product returns.
11.
Amazon maintains electronic records that track inventory of all products stored
in Amazon Fulfillment Centers or other Amazon warehouses or facilities. Using these electronic
records, Amazon employees are able to retrieve and ship products ordered by consumers on
amazon.com.
12.
As part of the FBA program, Amazon ships FBA products to consumers who
place orders on Amazon's online marketplace. Amazon reserves the right to combine products
from inventories of multiple merchants into one shipment. Amazon employees, with the
assistance of electronic records and automation at the facilities, physically ship or cause to be
shipped through a shipping carrier the FBA products ordered by consumers.
13.
Amazon's contracts with merchants participating in the FBA program state that
the merchants retain legal title to their products even while the products are stored, sorted, and
delivered to consumers from Amazon's facilities. However, these contracts also state that when
consumers return an FBA product, the consumers ship the products back to Amazon, not the
merchant. When a product is returned, Amazon inspects the FBA product and determines
whether the product can be resold. If Amazon determines that the FBA product can be resold,
Amazon returns the product to the inventory at the applicable Amazon facility. If Amazon
determines that the product cannot be resold, the merchant may choose to have it sent to its own
14.
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The contracts between Amazon and merchants also state that Amazon: (a) has
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facility.
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the authority to format the product's listing on its online marketplace, which includes how a
listing is displayed to consumers; (b) may reject products that Amazon determines are illegal,
sexually explicit, defamatory, or obscene; (c) will require merchants to communicate with their
customers exclusively through Amazon's platform; and (d) shall process payments for all
purchases of the FBA products, charge the payment instrument designated in each individual
consumer's account, and remit the agreed-upon monies to the merchant minus the service fees
due to Amazon set forth in the applicable contracts.
15.
Upon information and belief, though the amount varies depending on the
product, Amazon's FBA fees can amount to as much or more than 40% of the sales price ofa
given product.
16.
In addition, Amazon polices the prices charged by merchants listing products on
amazon.com through its Fair Pricing Policy, which gives Amazon the right to take action against
merchants for pricing that harms consumer trust. The Fair Pricing Policy provides that"[p]ricing
practices that harm customer trust include, but are not limited to: ... setting a price on a product
or service [on amazon.com] that is significantly higher than recent prices offered on or off
Amazon."
17.
Consumers who purchase FBA consumer products on amazon.com may
reasonably believe they are purchasing the products from Amazon. While the ASIN includes
"Sold by [merchant]" in small print underneath the "Buy Now" link, Amazon only explicitly
identifies the role of third parties in its FBA program at paragraph 16 of its "Conditions of Use"
for its website.
18.
Through the actions described in Paragraphs 7 through 18 above, Amazon is a
"distributor" of a "consumer product" that is "distributed in commerce," for its FBA products as
by: (a) receiving delivery ofFBA consumer products from a merchant with the intent to further
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those terms are defined in the CPSA. In sum, Amazon acts as a "distributor" of its FBA products
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38455
distribute the product; (b) holding, storing, sorting, and preparing for shipment FBA products in
its warehouses and fulfillment centers; and (c) distributing FBA consumer products into
commerce by delivering FBA products directly to consumers or to common carriers for delivery
to consumers.
V.
THE CONSUMER PRODUCTS
19.
The children's sleepwear garments were sold on amazon.com as FBA products
and consist of nightgowns and bathrobes intended for children primarily for sleeping or activities
related to sleeping (hereinafter, the "children's sleepwear garments").
20.
The children's sleepwear garments include:
a.
CPSC Sample Number: 20-800-1345 (ASIN: B074V558SB),
HOYMN Little Girl's Lace Cotton Nightgowns, Kids Long-Sleeve
Sleep Shirts Princess Sleepwear for Toddlers 2-15 Years.
b.
CPSC Sample Number: 20-800-1726 (ASIN: B0S9B7QQ7,
B07S66PR4G, B07SCJNMFP, B07S99Y5YP, B07S99Rl6X,
B07SDLKLS4, B07SCJ2HK6, B07S87FF4G, B07SCJ6FR6,
B07S65KQX1 ), IDGIRLS Kids Animal Hooded Soft Plush
Flannel Bathrobes for Girls Boys Sleepwear.
c.
CPSC Sample Number: 20-800-1727 (ASIN: B07QTGMWPK),
Home Swee Boy's Plush Fleece Robe Shawl Skull and Hooded
Spacecraft Printed Soft Kids Bathrobe for Boy.
d.
CPSC Sample Number: 20-800-1505 (ASIN: B01HGJY9FO),
Taiycyxgan Little Girl's Coral Fleece Bathrobe Unisex Kids Robe
Pajamas Sleepwear.
21.
The children's sleepwear garments are consumer products imported, distributed
permanent or temporary household or residence, a school, in recreation, or otherwise.
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in U.S. commerce, and offered for sale to consumers for their personal use in or around a
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22.
The children's sleepwear garments have been tested by CPSC staff and fail to
meet the flammability requirements for children's sleepwear as required under the Flammable
Fabrics Act ("FFA"). See 16 C.F.R. Part 1615 and 1616.
23.
Upon information and belief, the children's sleepwear garments were
manufactured by HOYMN, IDGIRLS, Home Swee, and Taiycyxgan.
24.
Upon information and belief, Amazon and the four manufacturers made the
children's sleepwear garments available for purchase on amazon.com through Amazon's FBA
program. The children's sleepwear garments were offered for sale between May 2019 and April
2020.
25.
Upon information and belief, the children's sleepwear garments were available
for sale through Amazon's FBA program for approximately $17.84 (HOYMN), $29.99 (Home
Swee), $22.99 (IDGIRLS), and $14.99 (Taiycyxgan).
26.
Upon information and belief, consumers purchased the children's sleepwear
garments on amazon.com.
27.
Upon information and belief, Amazon removed the ASINs for the children's
sleepwear garments on or about January 29, 2020 (for Taiycyxgan), February 22, 2020 (for
TDGTRLS), and April 1, 2020 (forHOYMN and Home Swee).
28.
The carbon monoxide detectors were sold on amazon.com as FBA products and
consist of carbon monoxide detectors equipped with alarms intended to alert consumers to the
presence of harmful carbon monoxide gas (hereinafter, the "carbon monoxide detectors").
29.
The carbon monoxide detectors include:
a.
CPSC File No. PI210013 (ASIN: B07HK8JHDV, Sample No. 20800-1419), CD0l carbon monoxide detector manufactured by
b.
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WJZXTEK.
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38457
800-1420), ME2-CO carbon monoxide detector manufactured by
Zhenzhou Winsen Electronics Technology Company, LTD.
c.
CPSC File No. PI210016 (ASIN: B07C2KM8RB, B07BDJTX8W,
Sample No. 20-800-1422), ME2-CO and ss4 carbon monoxide
detector manufactured by Zhenzhou Winsen Electronics
Technology Company, LTD.
d.
CPSC File No. PI210022 (ASIN: B07MPP42GT, Sample No. 20800-1837), carbon monoxide detector manufactured by BQQZHZ.
30.
The carbon monoxide detectors are consumer products that were imported,
distributed in U.S. commerce, and offered for sale to consumers for their personal use in or
around a permanent or temporary household or residence, a school, in recreation, or otherwise.
31.
The carbon monoxide detectors have been tested by CPSC technical staff and
failed to activate when carbon monoxide gas is present.
32.
Upon information and belief, the carbon monoxide detectors were manufactured
by WJZXTEK, Zhenzhou Winsen Electronics Technology Company, LTD, andBQQZHZ.
33.
Upon information and belief, Amazon and the three manufacturers made the
carbon monoxide detectors available for purchase on amazon.com through Amazon's FBA
program. The carbon monoxide detectors were offered for sale between February 9, 2018 and
November 23, 2020.
34.
Upon information and belief, Amazon listed the carbon monoxide detector for
sale through its FBA program for approximately $8.99 to $12.99.
35.
Upon information and belief, consumers purchased approximately 24,632 units
of the carbon monoxide detectors.
Upon information and belief, Amazon removed the ASINs for the carbon
monoxide detectors between August 6, 2020, and August 12, 2020.
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36.
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37.
The hair dryers were sold on amazon.com as FBA products and consist of hair
dryers that fail to provide integral immersion protection components as required.
38.
The hair dryers include:
~~-
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r21-800-1398
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: 21-800-0186
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39.
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-
-,.:;..'2&-...--------
·-
·--··-
-----
-
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--
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The hair dryers are consumer products that were imported, distributed in U.S.
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'~~--~'-
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commerce, and offered for sale to consumers for their personal use in or around a permanent or
temporary household or residence, a school, in recreation, or otherwise.
40.
The hair dryers do not provide integral immersion protection in compliance with
the requirements of Section 5 of Underwriters Laboratories ("UL") Standard for Safety for
Household Electric Personal Grooming Appliances, UL 859 (10th edition) or Section 6 of UL
Standard for Safety for Commercial Electric Personal Grooming Appliances, UL 1727 (4th
edition).
41.
Upon information and belief, the hair dryers were manufactured by the entities
listed in the "Seller/Manufacturer" column of the table in Paragraph 39.
42.
Upon information and belief, Amazon and the manufacturers made the hair
dryers available for purchase on amazon.com through Amazon's FBA program. The hairdryers
were offered for sale between June 10, 2019, and March 9, 2021.
43.
Upon information and belief, Amazon listed the hair dryers for sale through its
FBA program for approximately $20.00 to $70.00.
44.
Upon information and belief, consumers purchased approximately 398,187 units
of the hair dryers.
45.
Upon information and belief, Amazon removed the ASINs for the hair dryers by
March 9, 2021.
VI.
AMAZON'S UNILATERAL ACTIONS RELATING TO THE CONSUMER
PRODUCTS ARE INSUFFICIENT
46.
Following notification from the CPSC about the hazards presented by the
children's sleepwear garments, carbon monoxide detectors, and hair dryers (hereinafter the
"Subject Products") identified in Section V above, Amazon took several unilateral actions.
47.
As noted above, Amazon removed the ASINs for certain of the Subject
48.
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Amazon also unilaterally, and without CPSC involvement or input concerning
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Products. See Paragraphs 28, 37 and 46.
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the content of the notices or its other actions, notified consumers who purchased certain of the
Subject Products that they could present a hazard. Amazon also offered a refund to these
consumers in the form of an Amazon gift card credited to their account.
49.
Amazon's unilateral actions are insufficient to remediate the hazards posed by
the Subject Products and do not constitute a fully effectuated Section 15 mandatory corrective
action ordered by the Commission.
50.
A Section 15 order requiring Amazon to take additional actions in conjunction
with the CPSC as a distributor is necessary for public safety.
VII.
THE CHILDREN'S SLEEPWEAR GARMENTS VIOLATE THE FFA BECAUSE
THEY DO NOT MEET FLAMMABILITY REQUIREMENTS
51.
Congress enacted the FF A in 1953 in response to serious injuries and deaths
resulting from burns associated with clothing.
52.
ln the 1970s, the Standards for the Flammability of Children's Sleepwear
("Standards") were created to address the ignition of children's sleepwear, such as nightgowns,
pajamas, and robes. See 16 C.F.R. Parts 1615 and 1616.
53.
The purpose of the Standards is to reduce the unreasonable risk of burn injuries
and deaths from fire associated with children's sleepwear garments. Most burn incidents do not
occur while children are sleeping but while they are awake, unsupervised, and wearing sleepwear
garments. The primary hazard is ignition of the sleepwear by contact with hot surfaces and/or
small open-flame ignition sources, such as stove elements, matches, and lighters.
54.
The Standards require that children's sleepwear garments stop burning when the
flame source is removed. In order to meet the flammability requirements of the Standards,
children's sleepwear garments must not have a sample with an average char length exceeding
seven inches and no individual specimen can have a char length of ten inches, as set forth at 16
55.
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Children's sleepwear garments are required to comply with flammability
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C.F.R. Part 1615.3(b) and 1616.3(b).
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38461
requirements of the FFA, 15 U.S.C. §§ 1191-1204.
56.
Children's sleepwear means any article of clothing, such as a nightgown,
pajama, robe, or loungewear, that is sized above nine months and up to a size fourteen and that is
intended to be worn primarily for sleeping or activities related to sleeping. In determining
whether a garment is children's sleepwear, the Commission considers: (a) the nature of the
garment and its suitability for sleeping or activities related to sleeping; (b) how the garment is
promoted and distributed; and (c) the likelihood that the garment will be used by children
primarily for sleeping or activities related to sleeping. See generally 16 C.F.R. Parts
1615.64(a)(2) and 1616.65(a)(2).
57.
CPSC staff evaluated the children's sleepwear garments and determined that the
garments are children's sleepwear.
58.
CPSC staff tested the garments to the requirements of the Children's Sleepwear
Standards in the FF A.
59.
The children's sleepwear garments failed to meet the flammability requirements
for children's sleepwear garments. See 16 C.F.R. Parts 1615 and 1616.
60.
Children's sleepwear garments that fail to meet the FFA requirements create a
substantial risk of injury to consumers because of the serious injuries that can occur when such
garments ignite while worn by children.
VIII. THE CARBON MONOXIDE DETECTORS ARE DEFECTIVE BECAUSE THEY
FAIL TO ALARM
61.
Carbon monoxide is a colorless, odorless, tasteless gas produced by burning
gasoline, wood, propane, charcoal or other fuel. Improperly ventilated appliances and engines,
particularly in a sealed or enclosed space, may allow carbon monoxide to accumulate to
dangerous levels.
If a consumer installs a carbon monoxide detector that does not provide an alert
to the presence of carbon monoxide, and carbon monoxide enters the home, the consumer will
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62.
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not be warned of the presence of this harmful gas.
63.
Carbon monoxide gas may cause severe injury, including tissue damage and
64.
On average, approximately 170 people in the United States die every year from
death.
carbon monoxide produced by non-automotive consumer products. These products include
malfunctioning fuel-burning appliances such as furnaces, ranges, water heaters and room
heathers, engine-powered equipment such as portable generators, fireplaces, and charcoal that is
burned in homes or other enclosed areas.
65.
CPSC staff tested the carbon monoxide detectors to determine whether they
detect carbon monoxide gas.
66.
CPSC testing revealed that the carbon monoxide detectors failed to detect
carbon monoxide gas and failed to alarm in its presence as consumers would reasonably expect.
67.
The carbon monoxide detectors are defective because they fail to detect carbon
monoxide and alarm consumers.
68.
The defective carbon monoxide detectors create a substantial risk of injury to
consumers by failing to detect carbon monoxide and alert consumers to the presence of carbon
monoxide, leading to potentially severe injury or death. Such injuries and death have occurred
when carbon monoxide spreads undetected in a home.
IX.
THE HAIR DRYERS VIOLATE SECTION 15(J) BECAUSE THEY DO NOT
HAVE IMMERSION PROTECTION
69.
On June 9, 2011, the CPSC approved a federal safety rule specifying that hand-
supported hair dryers that do not provide integral immersion protection in compliance with the
requirements of Section 5 of Underwriters Laboratories ("UL") Standard for Safety for
Household Electric Personal Grooming Appliances, UL 859 (10th edition) or Section 6 of UL
edition) are a "substantial product hazard" under Section 15(a) of the CPSA, 15 U.S.C. §
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Standard for Safety for Commercial Electric Personal Grooming Appliances, UL 1727 (4th
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices
38463
2064(a). See 15 U.S.C. § 2064G) and 16 C.F.R. § 1120.3.
70.
The purpose of the federal safety rule is to reduce the risk of shock and
electrocution hazards created by hand-supported hair dryers.
71.
CPSC staff evaluated units of the hair dryers identified in the table in Paragraph
39 and determined that the hair dryers are hand-supported and lack an immersion protection
device integral to the power cord.
72.
Because these hair dryers lack an immersion protection device, they are not in
conformance with the requirements of Section 5 of UL 859 or Section 6 of UL 1727. These hair
dryers present a significant electric shock and electrocution hazard to users.
73.
Therefore, pursuant to Section 15(j) of the CPSA, 15 U.S.C. §2064(j), and 16
C.F.R. § 1120, they are a "substantial product hazard" under Section 15(a)(2) of the CPSA, 15
U.S.C. § 2064(a)(2).
X.
LEGAL AUTHORITY
74.
Under the CPSA, the Commission may order a firm to provide notice to the
public and take remedial action if the Commission determines that a product "presents a
substantial product hazard." 15 U.S.C. § 2064(c) and (d).
75.
Under CPSA Section 15(a)(l), a "substantial product hazard" includes products
that fail to comply with an applicable consumer product safety rule under this Act or a similar
rule, regulation, standard or ban under any other Act enforced by the Commission which creates
a substantial risk of injury to the public. 15 U.S.C. § 2064(a)(l ).
76.
Under CPSA Section 15G), the Commission "may specify, by rule, for any
consumer product or class of consumer products, characteristics whose existence or absence
shall be deemed a substantial product hazard .... " 15 U.S.C. § 2064(j)(l).
77.
The federal safety rule specifying that hand-supported hair dryers must provide
for Safety for Household Electric Personal Grooming Appliances, UL 859 (10th edition) or
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integral immersion protection in compliance with the requirements of Section 5 of UL Standard
38464
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices
Section 6 of UL Standard for Safety for Commercial Electric Personal Grooming Appliances,
UL 1727 (4th edition) constitutes a rule as referenced in CPSA Section 150)(1). 15 U.S.C. §
20640)(1).
78.
The FF A is an Act enforced by the Commission as referenced in CPSA Section
15(a)(l). 15 U.S.C. § 2064(a)(l).
79.
Under CPSA Section 15(a)(2), a "substantial product hazard" is a product defect
which (because of the pattern of defect, the number of defective products distributed in
commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the
public." 15 U.S.C. § 2064(a)(2).
80.
A product may contain a design defect if a risk of injury occurs as a result of the
operation or use of the product, or the failure of the product to operate as intended. 16 C.F .R. §
1115.4.
81.
Under CPSA Section 15(b ), every "distributor'' of a consumer product who
obtains information which reasonable supports the conclusion that a product fails to comply with
an applicable consumer product safety rule, contains a defect which could create a substantial
product hazard, or creates an unreasonable risk of serious injury or death has an obligation to
inform the Commission. 15 U.S.C. § 2064(b).
82.
The format of the reports required by CPSA Section 15(b) is described at 16
C.F.R. § 1115.13(d).
Count I
The Children's Sleepwear Garments are a Substantial Product Hazard Because They
Violate the FFA and Create a Substantial Risk oflnjury to Children
83.
Paragraphs l through 83 are hereby realleged and incorporated by reference as
if fully set forth herein.
Amazon distributed the children's sleepwear garments to consumers through the
Amazon FBA program.
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84.
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85.
38465
The children's sleepwear garments fail to meet the flammability requirements of
theFFA.
86.
Because the children's sleepwear garments fail to meet the flammability
requirements of the FF A, they create a substantial risk of injury to children.
87.
Therefore, the children's sleepwear garments present a substantial product
hazard within the meaning of Section 15(a)(l) of the CPSA.
Count II
The Carbon Monoxide Detectors are a Substantial Product Hazard Because They Contain
a Product Defect that Creates a Substantial Risk of Injury to the Public
88.
Paragraphs 1 through 88 are hereby realleged and incorporated by reference as
if fully set forth herein.
89.
Amazon distributed the carbon monoxide detectors to consumers through the
Amazon FBA program.
90.
The carbon monoxide detectors fail to detect carbon monoxide and fail to alert
consumers to the presence of carbon monoxide.
91.
The failure of the carbon monoxide detectors to alert consumers to the presence
of deadly carbon monoxide in their homes constitutes a defect that creates a substantial risk of
injury to the public.
92.
Therefore, the carbon monoxide detectors present a substantial product hazard
within the meaning of Section 15(a)(2) of the CPSA, 15 U.S.C. § 2064(a)(2).
CountIII
The Hair Dryers are a Substantial Product Hazard Because They Violate Section lSG)(l)
Due to the Lack of Immersion Protection
Paragraphs 1 through 93 are hereby realleged and incorporated by reference as
if fully set forth herein.
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93.
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94.
Amazon distributed the hair dryers to consumers through the Amazon FBA
program.
95.
The hand-supported hair dryers fail to provide integral immersion protection in
compliance with a rule subject to CPSA Section 150)(1). 15 U.S.C. § 20640)(1).
96.
Because the hair dryers fail to provide integral immersion protection, they
present a significant electric shock and electrocution hazard to users.
97.
Therefore, the hair dryers are a "substantial product hazard" under Sections
15(a) and 150) of the CPSA, 15 U.S.C. §§ 2064(a) and G). See 16 C.F.R. § 1120.3.
XI.
RELIEF SOUGHT
WHEREFORE, in the public interest, Complaint Counsel requests that the Commission:
1.
Determine that Amazon is a distributor of consumer products in commerce, as
those terms are defined in the CPSA;
2.
Determine that the Subject Products are substantial product hazards under
Sections 15(a)(l), 15(a)(2), and 150) of the CPSA, 15 U.S.C. §§ 2064(a)(l), (a)(2), andG);
3.
Determine that public notification in consultation with the Commission under
Section 15(c) of the CPSA, 15 U.S. C. § 2064(c), is required to adequately protect the public
from substantial products hazards created by the Subject Products, and order Respondent under
Section 15(c) of the CPSA, 15 U.S.C. § 2064(c), to take actions set out in Section 15(c)(l) of the
CPSA, including but not limited to:
a.
Cease distribution of the Subject Products including removal of the
ASINs and any other listings of the Subject Products and
functionally identical products, from Amazon's online marketplace
and identifying such ASINs to CPSC;
Issue a CPSC-approved direct notice to all consumers who
purchased the Subject Products which includes a particularized
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b.
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38467
description of the hazard presented by each Subject Product and
encourage the return of the Subject Products;
c.
Issue a CPSC-approved press release, as well as any other public
notice documents or postings required by CPSC staff that inform
consumers of the hazard posed by the Subject Products and
encourage the return or destruction of the Subject Products;
4.
Order that Respondent facilitate the return and destruction of the Subject
Products, at no cost to consumers, under Section 15(d)(l) of the CPSA, 15 U.S.C. § 2064(d)(l),
to adequately protect the public from the substantial product hazard posed the Subject Products,
and order Respondent under Section 15(d)(l) of the CPSA, 15 U.S.C. § 2064(d)(l), to take
actions set out in Section 15(d)(l) of the CPSA, including but not limited to:
a.
Refund the full the purchase price to all consumers who purchased
the Subject Products and, to the extent not already completed,
conditioning such refunds on consumers returning the Subject
Products or providing proof of destruction;
b.
Destroy the Subject Products that are returned to Amazon by
consumers or that remain in Amazon's inventory, with proof of
such destruction via a certificate of destruction or other acceptable
documentation provided to CPSC staff;
c.
Provide monthly progress reports to reflect, among other things,
the number of Subject Products located in Amazon's inventory,
returned by consumers, and destroyed;
d.
Provide monthly progress reports identifying all functionally
pursuant to Commission Order, including the ASIN, the number
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equivalent products removed by Amazon from amazon.com
38468
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices
distributed prior to removal, and the platform through which the
products were sold;
5.
Provide monthly reports summarizing the incident data submitted to CPSC
through the Retailer Reporting Program in a format consistent with 16 C.F.R. 1115.13(d);
6.
Order that the Respondent is prohibited from distributing in commerce the
Subject Products, including any functionally identical products. See CPSA Section 15(d)(2), 15
U.S.C. § 2064(d)(2); and
7.
Order that Respondent take other and further actions as the Commission deems
necessary to protect the public health and safety and to comply with the CPSA and FF A.
ISSUED BY ORDER OF THE COMMISSION:
Dated this 14th day of July, 2021.
~· Digitally signed by Robert Kaye
Ro be rt Kay~:::la.~~a21.a1.141s,1a,41
t?
By: Robert S. Kaye
Assistant Executive Director
Office of Compliance and Field Operations
Mary B. Murphy, Director
Howard N. Tarnoff, Deputy Director
John C. Eustice, Senior Trial Attorney
Liana G.T. Wolf, Trial Attorney
EN21JY21.018
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Complaint Counsel
Division of Enforcement and Litigation
Office of Compliance and Field Operations
U.S. Consumer Product Safety Commission
Bethesda, Mary land 20814
(301) 504-7809
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices
38469
UNITED STATES OF AMERICA
CONSUMER PRODUCT SAFETY COMMISSION
In the Matter of
AMAZON.COM, INC.
Respondent.
)
)
)
)
)
)
)
)
)
CPSC DOCKET NO.: 21-2
LIST AND SUMMARY OF DOCUMENTARY EVIDENCE
Pursuant to 16 C.F.R. § 1025.1 l(b )(3) of the Commission's Rules of Practice for
Adjudicative Proceedings, the following is a list and summary of documentary evidence
supporting the charges in this matter. Complaint Counsel reserves the right to offer additional or
different evidence during the course of the proceedings, or to withhold evidence on the basis of
any applicable legal privileges.
1.
Claims, complaints, records, reports, CPSC's In-Depth Investigations, and lawsuits
concerning incidents or injuries involving various consumer products identified in the
Complaint ("Subject Products").
2.
CPSC Product Safety Assessments.
3.
Correspondence between Respondent and CPSC staff related to the Subject Products.
4.
Documents and information related to the Subject Products, including notices issued
by Respondent regarding the Subject Products and substantially similar equivalent
products.
Documents and information related to Respondent's corporate structure and business
operations.
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5.
38470
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices
Dated this 14th day of July, 2021
Mary B. Murphy, Director
Howard N. Tarnoff, Deputy Director
John C. Eustice, Senior Trial Attorney
Liana G.T. Wolf, Trial Attorney
Division of Enforcement and Litigation
Office of Compliance and Field Operations
U.S. Consumer Product Safety Commission
Bethesda, MD 20814
Tel: (301) 504-7809
Complaint Counsel for
U.S. Consumer Product Safety Commission
CERTIFICATE OF SERVICE
I hereby certify that on July 14, 2021, a copy of the foregoing Complaint and List and
Summary of Documentary Evidence was served by hand upon Respondent at the following
address:
Amazon.com, Inc.
Corporation Service
Company
300 Deschutes Way SW, Suite 208 MCCSC 1 Tumwater, WA 98501
Attn: Legal Department - Legal Process
I further certify that on July 14, 2021, I e-mailed a courtesy copy of the
foregoing Complaint and List and Summary of Documentary Evidence upon the
following:
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EN21JY21.021
omplaint Counsel for
U.S. Consumer Product Safety Commission
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Sagi Goldberg at sagi@amazon.com
Genus Heidary at genush@amazon.com
Antonia Stamenova-Dancheva at
antsdan@amazon.com Carletta Ooton at
ootonc@amazon.com
Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Notices
[FR Doc. 2021–15440 Filed 7–20–21; 8:45 am]
BILLING CODE 6355–01–C
DEPARTMENT OF EDUCATION
[Docket No.: ED–2021–SCC–0108]
Agency Information Collection
Activities; Comment Request; Impact
Evaluation of Teacher Residency
Programs
Institute of Educational Science
(IES), Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, ED is
proposing a revision of a currently
approved collection.
DATES: Interested persons are invited to
submit comments on or before
September 20, 2021.
ADDRESSES: To access and review all the
documents related to the information
collection listed in this notice, please
use https://www.regulations.gov by
searching the Docket ID number ED–
2021–SCC–0108. Comments submitted
in response to this notice should be
submitted electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov by selecting the
Docket ID number or via postal mail,
commercial delivery, or hand delivery.
If the regulations.gov site is not
available to the public for any reason,
ED will temporarily accept comments at
ICDocketMgr@ed.gov. Please include the
docket ID number and the title of the
information collection request when
requesting documents or submitting
comments. Please note that comments
submitted by fax or email and those
submitted after the comment period will
not be accepted. Written requests for
information or comments submitted by
postal mail or delivery should be
addressed to the PRA Coordinator of the
Strategic Collections and Clearance
Governance and Strategy Division, U.S.
Department of Education, 400 Maryland
Ave. SW, LBJ, Room 6W208B,
Washington, DC 20202–8240.
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Meredith
Bachman, 202–245–7494.
SUPPLEMENTARY INFORMATION: The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the Department
assess the impact of its information
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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17:26 Jul 20, 2021
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collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. ED is
soliciting comments on the proposed
information collection request (ICR) that
is described below. The Department of
Education is especially interested in
public comment addressing the
following issues: (1) Is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: Impact Evaluation
of Teacher Residency Programs.
OMB Control Number: 1850–0960.
Type of Review: A revision of a
currently approved information
collection.
Respondents/Affected Public: State,
Local, and Tribal Governments.
Total Estimated Number of Annual
Responses: 637.
Total Estimated Number of Annual
Burden Hours: 394.
Abstract: The U.S. Department of
Education (ED)’s Institute of Education
Sciences (IES) requests clearance for
data collection activities to support a
study of teacher residency programs.
Teacher residency programs aim to
better prepare new teachers by
combining education coursework with
extensive on-the-job training. Program
participants complete a full-year
apprenticeship, or ‘‘residency,’’ under
the supervision of an experienced
mentor teacher before they become
teachers of record. The programs help
meet the needs of their partner districts
by preparing teachers to fill shortages in
high-needs schools and subjects. They
offer financial support for residents in
exchange for a commitment to teach for
at least three to five years in the district,
in an effort to improve teacher retention.
This financial support may also help
expand the pool of teacher candidates
by encouraging people to enter the
profession who might be deterred by the
cost of a traditional teacher preparation
program. This second request covers
additional data collection activities for
the study to examine program outcomes.
A prior request (1850–0960, approved 4/
26/2021) covered the collection of
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38471
classroom rosters from schools to
support random assignment of students
to participating teachers.
Dated: July 16, 2021.
Stephanie Valentine,
PRA Coordinator, Strategic Collections and
Clearance Team, Governance and Strategy
Division, Office of Chief Data Officer, Office
of Planning, Evaluation and Policy
Development.
[FR Doc. 2021–15530 Filed 7–20–21; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #1
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER10–2564–011;
ER10–2289–011; ER10–2600–011.
Applicants: Tucson Electric Power
Company, UNS Electric, Inc., UniSource
Energy Development Company.
Description: Supplement to June 21,
2021 Notice of Non-Material Change in
Status of Tucson Electric Power
Company, et al.
Filed Date: 7/9/21.
Accession Number: 20210709–5165.
Comments Due: 5 p.m. ET 7/30/21.
Docket Numbers: ER11–1933–007.
Applicants: Green Mountain Power
Corporation.
Description: Updated Market Power
Analysis for the Northeast Region of
Green Mountain Power Corporation.
Filed Date: 12/20/19.
Accession Number: 20191220–5290.
Comments Due: 5 p.m. ET 9/13/21.
Docket Numbers: ER20–1981–001.
Applicants: Pioneer Solar (CO), LLC.
Description: Notice of Change in
Status of Pioneer Solar (CO), LLC.
Filed Date: 7/13/21.
Accession Number: 20210713–5162.
Comments Due: 5 p.m. ET 8/3/21.
Docket Numbers: ER20–1983–001.
Applicants: Central 40, LLC.
Description: Notice of Change in
Status of Central 40, LLC.
Filed Date: 7/13/21.
Accession Number: 20210713–5161.
Comments Due: 5 p.m. ET 8/3/21.
Docket Numbers: ER21–2110–001.
Applicants: GenOn Power Midwest,
LP.
Description: Tariff Amendment:
Amendment to Requested Effective Date
for Cancellation of RS FERC No. 2 to be
effective 4/1/2022.
Filed Date: 7/14/21.
Accession Number: 20210714–5062.
E:\FR\FM\21JYN1.SGM
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Agencies
[Federal Register Volume 86, Number 137 (Wednesday, July 21, 2021)]
[Notices]
[Pages 38450-38471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15440]
=======================================================================
-----------------------------------------------------------------------
CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 21-2]
Amazon.Com, Inc.
AGENCY: Consumer Product Safety Commission.
ACTION: Publication of a Complaint under the Consumer Product Safety
Act.
-----------------------------------------------------------------------
SUMMARY: Under provisions of its Rules of Practice for Adjudicative
Proceeding, the Consumer Product Safety Commission must publish in the
Federal Register Complaints which it issues. Published below is a
Complaint: In the matter of Amazon.com.
FOR FURTHER INFORMATION CONTACT: Alberta E. Mills, Secretary, Division
of the Secretariat, Office of the General Counsel, U.S. Consumer
Product Safety Commission, 4330 East-West Highway, Bethesda, MD 20814,
(301) 504-7479 (Office) or 240-863-8938 (cell).
SUPPLEMENTARY INFORMATION: The Commission voted 3-1 to authorize
issuance of this Complaint. Acting Chairman Adler, Commissioners Kaye
and Feldman voted to authorize issuance of the Complaint. Commissioner
Baiocco voted to not authorize issuance of the Complaint. The text of
the Complaint appears below.
Dated: July 15, 2021.
Alberta E. Mills,
Secretary, Consumer Product Safety Commission.
BILLING CODE 6355-01-P
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[FR Doc. 2021-15440 Filed 7-20-21; 8:45 am]
BILLING CODE 6355-01-C