Downeast Concepts, Inc. – Provisional Acceptance of a Settlement Agreement and Order, CSPC Docket No.
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Downeast Concepts, Inc. – Provisional Acceptance of a Settlement Agreement and Order, CSPC Docket No.

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2 Pages
English

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Federal Register/Vol. 74, No. 147/Monday, August 3, 2009/Notices 38405 7. Downeast reported to CPSC on January restricted to those issues specifically telephone (301) 504–7733 or Neal S. 25, 2008 that recent testing of samples of the identified in the agenda and any issues Cohen, Trial Attorney, (same address); Bottles by an independent laboratory had arising after publication of this notice telephone (301) 504–7504. demonstrated that various colors of paints that require emergency action under SUPPLEMENTARY INFORMATION: The text of used to create the designs on the outside Section 305(c) of the Magnuson-Stevens the Agreement and Order appears surface of the Bottles contained a total lead Act, provided the public has been below. content ranging from 0.07 percent to as high notified of the Council’s intent to take as 59.78 percent. These levels of lead are in Dated: July 28, 2009. action to address the emergency. excess of the permissible 0.06 percent limit Todd A. Stevenson, set forth in the Ban. Special Accommodations Secretary. 8. On March 25, 2008, the Commission and Downeast announced a consumer-level recall This meeting is physically accessible United States of America—Consumer of about 18,000 units of the Bottles because to people with disabilities. Requests for Product Safety Commission ‘‘Surface paint on the metal water bottles sign language interpretation or other In the Matter of Downeast Concepts, Inc., contains excessive levels of lead, ...

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Federal Register/ Vol./ Monday,74, No. 147/ NoticesAugust 3, 2009
38405
7. Downeast reported to CPSC on January restricted to those issues specificallytelephone (301) 504–7733 or Neal S. 25, 2008 that recent testing of samples of the identified in the agenda and any issuesCohen, Trial Attorney, (same address); Bottles by an independent laboratory had arising after publication of this noticetelephone (301) 504–7504. demonstrated that various colors of paints that require emergency action underSUPPLEMENTARY INFORMATION:The text of used to create the designs on the outside Section 305(c) of the MagnusonStevensthe Agreement and Order appears surface of the Bottles contained a total lead Act, provided the public has beenbelow. content ranging from 0.07 percent to as high notified of the Council’s intent to take as 59.78 percent. These levels of lead are in Dated: July 28, 2009. action to address the emergency.excess of the permissible 0.06 percent limit Todd A. Stevenson, set forth in the Ban. Special AccommodationsSecretary. 8. On March 25, 2008, the Commission and Downeast announced a consumerlevel recall This meeting is physically accessibleUnited States of America—Consumer of about 18,000 units of the Bottles because to people with disabilities. Requests forProduct Safety Commission ‘‘Surface paint on the metal water bottles sign language interpretation or otherIn the Matter of Downeast Concepts, Inc., contains excessive levels of lead, violating auxiliary aids should be directed to TinaCPSC Docket No. 09–C0022. the Federal lead paint standard.’’ O’Hern at the Council (seeADDRESSES) Settlement Agreement9. Although Downeast reported no at least 5 working days prior to the incidents or injuries associated with the 1. In accordance with 16 CFR 1118.20, meeting. Bottles, it failed to take adequate action to Downeast Concepts, Inc. (‘‘Downeast’’) and ensure that none would bear or contain lead Dated: July 29, 2009.the staff (‘‘Staff’’) of the United States containing paint, thereby creating a risk of Consumer Product Safety Commission Tracey L. Thompson, lead poisoning and adverse health effects to (‘‘CPSC’’ or the ‘‘Commission’’) enter into Acting Director, Office of Sustainable children. this Settlement Agreement (‘‘Agreement’’). Fisheries, National Marine Fisheries Service. 10. The Bottles constitute ‘‘banned The Agreement and the incorporated [FR Doc. E9–18403 Filed 7–31–09; 8:45 am] attached Order (‘‘Orderhazardous products’’ under CPSA section 8’’) settle the Staff’s BILLING CODE 3510–22–Sand the Ban, 15 U.S.C. 2057 and 16 CFRallegations set forth below. 1303.1(a)(1), 1303.4(b), in that they bear or Parties contain paint or other surface coating 2. The Commission is an independentmaterials whose lead content exceeds the CONSUMER PRODUCT SAFETY Federal regulatory agency establishedpermissible limit of 0.06 percent of the COMMISSIONpursuant to, and responsible for theweight of the total nonvolatile content of the enforcement of, the Consumer Product Safety paint or the weight of the dried paint film. [CPSC Docket No. 09–C0022] Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 11. Between February 2006 and January 3. Downeast is a corporation organized and 2008, Downeast manufactured for sale, Downeast Concepts, Inc., Provisional existing under the laws of Maine, with its distributed in commerce, or imported into Acceptance of a Settlement Agreementprincipal offices located in Yarmouth, Maine. the United States, or caused one or more of and OrderAt all times relevant hereto, Downeast such acts, with respect to the aforesaid imported and/or sold painted metal water banned hazardous Bottles, in violation of AGENCY:Consumer Product Safety bottles. section 19(a)(1) of the CPSA, 15 U.S.C. Commission. 2068(a)(1). Downeast committed these Staff Allegations ACTION:Notice.prohibited acts ‘‘knowingly,’’ as that term is 4. Between February 2006 and February defined in section 20(d) of the CPSA, 15 2007, Downeast imported into the United SUMMARY:It is the policy of theU.S.C. 2069(d). States about 18,000 units of metal water Commission to publish settlements12. Pursuant to section 20 of the CPSA, 15 bottles, marketed under the ‘‘Backyard and U.S.C. 2069, Downeast is subject to civil which it provisionally accepts under the Beyond’’ brand and painted with assorted penalties for the aforementioned violations. Consumer Product Safety Act in the animal and insect graphics on the exterior Federal Registerin accordance with the(Model Numbers: 60442, 60448, 67402,Downeast’s Responsive Allegations terms of 16 CFR 1118.20(e). Published67404, 67442, 67444, 67742, 67744, 67746 13. Downeast denies the Staff’s allegations and 67748 (‘‘Bottle(s)’’)). Downeast below is a provisionallyaccepted set forth above that Downeast knowingly distributed most of the subject products to Settlement Agreement with Downeast violated the CPSA. major retailers, gift shops, convenience Concepts, Inc., containing a civil stores, mass merchandise and drug stores Agreement of the Parties penalty of $30,000.00. nationwide from February 2006 through 14. Under the CPSA, the Commission has DATES:Any interested person may askJanuary 2008 and said products were then jurisdiction over this matter and over the Commission not to accept thissold for about $8.00 per unit. Downeast. 5. The Bottles are ‘‘consumer product(s),’’ agreement or otherwise comment on its 15. The parties enter into the Agreement and, at all times relevant hereto, Downeast contents by filing a written request with for settlement purposes only. The Agreement was a ‘‘manufacturer’’ of those consumer the Office of the Secretary by August 18,does not constitute an admission by product(s), which were ‘‘distributed in 2009.Downeast, or a determination by the commerce,’’ as those terms are defined in Commission, that Downeast has knowingly ADDRESSES:Persons wishing toCPSA sections 3(a)(3), (5), (8), and (11), 15 violated the CPSA. U.S.C. §§ 2052(a)(3), (5), (8), and (11). comment on this Settlement Agreement 16. In settlement of the Staff’s allegations, 6. The Bottles are articles intended to be should send written comments to the Downeast shall pay a civil penalty in the entrusted to or for use by children, and, Comment 09–C0022, Office of the amount of thirty thousand dollars therefore, are subject to the requirements of Secretary, Consumer Product Safety ($30,000.00). The civil penalty shall be paid the Commission’s Ban of LeadContaining Commission, 4330 East West Highway,within twenty (20) calendar days of service Paint and Certain Consumer Products Room 502, Bethesda, Maryland 20814–of the Commission’s final Order accepting Bearing LeadContaining Paint, 16 CFR part the Agreement. The payment shall be made 4408.1303 (the ‘‘Ban’’). Under the Ban, toys and by check payable to the order of the United other children’s articles must not bear ‘‘lead FOR FURTHER INFORMATION CONTACT:M. containing paint,’’ defined as paint or otherStates Treasury. Reza Malihi, Trial Attorney, Division of surface coating materials whose lead content17. Upon the Commission’s provisional Compliance, Office of the General is more than 0.06 percent of the weight of theacceptance of the Agreement, the Agreement Counsel, Consumer Product Safety total nonvolatile content of the paint or theshall be placed on the public record and Commission, 4330 East West Highway,published in theweight of the dried paint film. 16 CFRFederal Registerin Bethesda, Maryland 20814–4408;1303.2(b)(1). accordancewith the procedures set forth in
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Federal Register/ Notices/ Monday,August 3, 2009/ Vol.74, No. 147
16 CFR 1118.20(e). In accordance with 16M. Reza Malihi, the Office of the Secretary by August 18, CFR 1118.20(f), if the Commission does notTrial Attorney, Office of the General Counsel. 2009. receive any written request not to accept the By:lllllllllllllllllll ADDRESSES:Persons wishing to Agreement within fifteen (15) days, the Neal S. Cohen, comment on this Settlement Agreement Agreement shall be deemed finally accepted Trial Attorney, Office of the General Counsel. should send written comments to the on the sixteenth (16th) day after the date it United States of America—ConsumerComment 09–C0026, Office of the is published in theFederal Register. Product Safety Commission 18. Upon the Commission’s finalSecretary, Consumer Product Safety acceptance of the Agreement and issuance ofIn the Matter of Downeast Concepts, Inc.,Commission, 4330 East West Highway, the final Order, Downeast knowingly,CPSC Docket No. 09–C0022.Room 502, Bethesda, Maryland 20814– voluntarily, and completely waives any 4408. Order rights it may have in this matter to the FOR FURTHER INFORMATION CONTACT:M. following: (1) An administrative or judicialUpon consideration of the Settlement Reza Malihi, Trial Attorney, Division of hearing; (2) judicial review or other challengeAgreement entered into between Downeast Compliance, Office of the General or contest of the validity of the Commission’sConcepts, Inc. (‘‘Downeast’’) and the U.S. Counsel, Consumer Product Safety Order or actions; (3) a determination by theConsumer Product Safety Commission Commission of whether Downeast failed to(‘‘Commission’’) staff, and the CommissionCommission, 4330 East West Highway, comply with the CPSA and its underlyinghaving jurisdiction over the subject matterBethesda, Maryland 20814–4408; regulations; (4) a statement of findings of factand over Downeast, and it appearing that the telephone (301) 504–7733. and conclusions of law; and (5) any claimsSettlement Agreement and Order are in the SUPPLEMENTARY INFORMATION:The text of under the Equal Access to Justice Act.public interest, it is the Agreement and Order appears 19. The Commission may publicize theOrdered,that the Settlement Agreement be, below. terms of the Agreement and Order.and hereby is, accepted; and it is 20. The Agreement and Order shall applyFurther ordered,that Downeast shall pay aDated: July 28, 2009. to, and be binding upon, Downeast and eachcivil penalty in the amount of thirty Todd A. Stevenson, of its successors and assigns.thousand dollars ($30,000.00). The civil Secretary. 21. The Commission issues the Orderpenalty shall be paid within twenty (20) under the provisions of the CPSA, andcalendar days of service of the Commission’sUnited States of America—Consumer violation of the Order may subject Downeastfinal Order accepting the Agreement. TheProduct Safety Commission and each of its successors and assigns topayment shall be made by check payable to In the Matter of First Learning Company appropriate legal action.the order of the United States Treasury. Upon Limited CPSC Docket No.09–C0026. 22. The Agreement may be used inthe failure of Downeast to make the foregoing Settlement Agreement and Order interpreting the Order. Understandings,payment when due, interest on the agreements, representations, oroutstanding balance shall accrue and be paid 1. In accordance with 16 CFR 1118.20, interpretations apart from those contained inby Downeast at the Federal legal rate of First Learning Company Limited (‘‘First the Agreement and Order may not be used tointerest set forth at 28 U.S.C. 1961(a) and (b). Learning’’) and the staff (‘‘Staff’’) of the vary or contradict its terms. The Agreement Provisionally accepted and provisionalUnited States Consumer Product Safety shall not be waived, amended, modified, or Order issued on the8thday ofJuly,(‘‘2009. CommissionCPSC’’or the ‘‘Commission’’) otherwise altered, except in a writing that is enter into this Settlement Agreement By Order of the Commission. executed by the party against whom such (‘‘Agreement’’). The Agreement and the Todd A. Stevenson, waiver, amendment, modification, or incorporated attached Order (‘‘Order’’) settle Secretary, U.S. Consumer Product Safety alteration is sought to be enforced.the Staff’s allegations set forth below. Commission. 23. If any provision of the Agreement and Parties Order is held to be illegal, invalid, or[FR Doc. E9–18520 Filed 7–31–09; 8:45 am] unenforceable under present or future lawsBILLING CODE 6355–01–P2. The Commission is an independent effective during the terms of the AgreementFederal regulatory agency established and Order, such provision shall be fullypursuant to, and responsible for the severable. The balance of the Agreement andenforcement of, the Consumer Product Safety CONSUMER PRODUCT SAFETY Order shall remain in full force and effect,Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). COMMISSION unless the Commission and Downeast agree3. First Learning is a corporation organized that severing the provision materially affects[CPSC Docket No. 09–C0026]and existing under the laws of Hong Kong, the purpose of the Agreement and Order.People’s Republic of China (PRC), with its First Learning Company Limited,principal offices located in Kowloon, Hong Downeast Concepts, Inc. Kong, PRC. First Learning’s network of Provisional Acceptance of a Dated: 3/18/09. manufacturer representatives conduct Settlement Agreement and Order By:lllllllllllllllllll business on its behalf through offices located Frederick H. Palmer, AGENCY:Consumer Product Safetyin the United States. At all times relevant President, Downeast Concepts, Inc., 86 hereto, First Learning manufactured and/or Commission. Downeast Drive, Yarmouth, ME 04096. sold toys and other children’s products, ACTION:Notice. Dated: 3/20/09. among other merchandise. By:lllllllllllllllllll SUMMARY:It is the policy of the Staff Allegations David W. Bertoni, Esq., Commission to publish settlements Brann & Isaacson, 184 Main Street, P.O. Box4. Between April 2006 and August 2006, which it provisionally accepts under the 3070, Lewiston, ME 04243, Counsel forFirst Learning manufactured in China for sale Consumer Product Safety Act in the Downeast Concepts, Inc.in the United States about 9,400 units of Federal Registerin accordance with the U.S. Consumer Product Safety Commissioncertain ‘‘Soldier Bear’’ toys, including the terms of 16 CFR 1118.20(e). PublishedSoldier Bear Wooden PullAlong Learning Staff. below is a provisionallyacceptedBlocks Wagon, style number 6320, UPC code Cheryl A. Falvey, number 834162002158; the Soldier Bear Settlement Agreement with First General Counsel, Office of the General Time Teacher, style #6231, UPC Counsel.Learning Company Limited, containing #834162002646; and the Soldier Bear a civil penalty of $50,000.00. Ronald G. Yelenik, Wooden Riding Horse, style number 6349, Assistant General Counsel, Office of theDATES:Any interested person may ask and UPC code number 834162003698 General Counsel. the Commission not to accept this (collectively, ‘‘Soldier Bear Toy(s)’’). From Dated: 4/14/09. agreement or otherwise comment on itsAugust 2006 through October 2007, First By:lllllllllllllllllllcontents by filing a written request withLearning offered the Soldier Bear Toys for
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