Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38411 

By: lllllllllllllllllll

Will Geddes, 

President, 8901 Yellow Brick Rd., Baltimore, 

MD 21237–2303. 

Dated: 12/8/08. 

By: lllllllllllllllllll

John Scaldara, Esq., 

Offit Kurman, 8 Park Center Court, Suite 200, 

Owings Mill, MD 21117, Counsel for 

Raymond Geddes & Co. 

U.S. Consumer Product Safety Commission 

Staff 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Division of 

Compliance, Office of the General Counsel. 

Dated: 11/25/08. 

By: lllllllllllllllllll

Sean R. Ward, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Raymond Geddes & Co., 

CPSC Docket No. 09–C0021. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Raymond 

Geddes & Co. (‘‘Geddes’’) and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the Commission 

having jurisdiction over the subject matter 

and over Geddes, and it appearing that the 

Settlement Agreement and Order are in the 

public interest, it is 

Ordered, that the Settlement Agreement be, 

and hereby is, accepted; and it is 

Further ordered, that Geddes shall pay a 

civil penalty in the amount of forty thousand 

dollars ($40,000.00) within twenty (20) 

calendar days of service of the Commission’s 

final Order accepting the Agreement. The 

payment shall be made by check payable to 

the order of the United States Treasury. Upon 

the failure of Geddes to make any of the 

foregoing payments when due, interest on the 

unpaid amount shall accrue and be paid by 

Geddes at the Federal legal rate of interest set 

forth at 28 U.S.C. 1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 8th day of July, 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18522 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0023] 

Family Dollar Stores, Inc., Provisional 

Acceptance of a Settlement Agreement 

and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with Family 

Dollar Stores, Inc., containing a civil 

penalty of $75,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by August 18, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0023, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Belinda V. Bell, Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7592 or M. Reza 

Malihi, Trial Attorney, (same address); 

telephone (301) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Family Dollar Stores, Inc., 

CPSC Docket No. 09–C0023. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Family Dollar Stores, Inc. (‘‘Family Dollar’’) 

and the staff (‘‘Staff’’) of the United States 

Consumer Product Safety Commission 

(‘‘CPSC’’ or the ‘‘Commission’’) enter into 

this Settlement Agreement (‘‘Agreement’’). 

The Agreement and the incorporated 

attached Order (‘‘Order’’) settle the Staff’s 

allegations set forth below. 

Parties 

2. The Commission is an independent 

Federal regulatory agency established 

pursuant to, and responsible for the 

enforcement of, the Consumer Product Safety 

Act, 15 U.S.C. 2051–2089 (‘‘CPSA’’). 

3. Family Dollar is a corporation organized 

and existing under the laws of Delaware, 

with its principal offices located in 

Matthews, North Carolina. At all times 

relevant hereto, Family Dollar imported and/ 

or sold toys and children’s products, among 

other merchandise. 

Staff Allegations 

4. During 2006 and 2007, Family Dollar, 

through its subsidiary Family Dollar 

Services, Inc., imported into the United 

States a total of about 142,000 units of certain 

Halloween-themed plastic pails (SKU 

number 1033953, and UPC number 

017845000591) (‘‘Pail(s)’’). Specifically, 

Family Dollar imported 28,725 of the Pails 

during 2006, and an additional 112,560 in 

July 2007. From August 2007 through 

October 2007, Family Dollar stores 

nationwide offered the Pails for sale or sold 

them to consumers. 

5. The Pails are ‘‘consumer product(s),’’ 

and, at all times relevant hereto, Family 

Dollar was a ‘‘manufacturer’’ and/or a 

‘‘retailer’’ of those consumer product(s), 

which were ‘‘distributed in commerce,’’ as 

those terms are defined in CPSA sections 

3(a)(3), (5), (8), (11), and (13), 15 U.S.C. 

2052(a)(3), (5), (8), (11), and (13). 

6. The Pails are articles intended to be 

entrusted to or for use by children, and, 

therefore, are subject to the requirements of 

the Commission’s Ban of Lead-Containing 

Paint and Certain Consumer Products 

Bearing Lead-Containing Paint, 16 CFR part 

1303 (the ‘‘Ban’’). Under the Ban, toys and 

other children’s articles must not bear ‘‘leadcontaining paint,’’ defined as paint or other 

surface coating materials whose lead content 

is more than 0.06 percent of the weight of the 

total nonvolatile content of the paint or the 

weight of the dried paint film. 16 CFR 

1303.2(b)(1) 

7. On September 28, 2007, the Staff 

obtained third-party laboratory results 

relating to, in pertinent part, testing for the 

presence of lead in the surface coating of a 

sample of the Pails purchased from a Family 

Dollar retail store in Ashland, Ohio. The test 

results demonstrated that a green coating on 

the outside surface of the Pail contained a 

total lead content of 2.1% by weight. This 

level of lead is in excess of the permissible 

0.06 percent limit set forth in the Ban. 

8. In October 2007, Family Dollar reported 

to CPSC that it had commissioned an 

independent laboratory to conduct further 

testing for the presence of lead in surface 

coatings of another twelve (12) Pail samples. 

As expressed in a test report issued October 

5, 2007, the test results demonstrated that the 

Pails’ green surface coating contained a total 

lead content of 1200 mg/kg. These levels of 

lead are in excess of the permissible 0.06 

percent limit set forth in the Ban. 

9. On October 25, 2007, the Commission 

and Family Dollar announced a consumerlevel recall of about 142,000 units of the Pails 

because ‘‘[t]he green paint on the pails 

contains excessive levels of lead, violating 

the Federal lead paint standard.’’ 

10. Although Family Dollar reported no 

incidents or injuries associated with the 

Pails, it failed to take adequate action to 

ensure that none would bear or contain leadcontaining paint, thereby creating a risk of 

lead poisoning and adverse health effects to 

children. 

11. The Pails constitute ‘‘banned hazardous 

products’’ under CPSA section 8 and the Ban, 

15 U.S.C. 2057 and 16 CFR 1303.1(a)(1), 

1303.4(b), in that they bear or contain paint 

or other surface coating materials whose lead 


sroberts on DSKD5P82C1PROD with NOTICES
38412 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

content exceeds the permissible limit of 0.06 

percent of the weight of the total nonvolatile 

content of the paint or the weight of the dried 

paint film. 

12. Beginning in 2006 and ending in 

October 2007, Family Dollar sold, 

manufactured for sale, offered for sale, 

distributed in commerce, or imported into 

the United States, or caused one or more of 

such acts, with respect to the Pails, in 

violation of section 19(a)(1) of the CPSA, 15 

U.S.C. 2068(a)(1). Family Dollar committed 

these prohibited acts ‘‘knowingly,’’ as that 

term is defined in section 20(d) of the CPSA, 

15 U.S.C. 2069(d). 

13. Pursuant to section 20 of the CPSA, 15 

U.S.C. 2069, Family Dollar is subject to civil 

penalties for the aforementioned violations. 

Family Dollar Response 

14. Family Dollar denies the Staff’s 

allegations set forth above that Family Dollar 

knowingly violated the CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission has 

jurisdiction over this matter and over Family 

Dollar. 

16. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Family 

Dollar, or a determination by the 

Commission, that Family Dollar has 

knowingly violated the CPSA. 

17. In settlement of the Staff’s allegations, 

Family Dollar shall pay a civil penalty in the 

amount of seventy five thousand dollars 

($75,000.00) within twenty (20) calendar 

days of service of the Commission’s final 

Order accepting the Agreement. This 

payment shall be made by check payable to 

the order of the United States Treasury. 

18. Upon the Commission’s provisional 

acceptance of the Agreement, the Agreement 

shall be placed on the public record and 

published in the Federal Register in 

accordance with the procedures set forth in 

16 CFR 1118.20(e). In accordance with 16 

CFR 1118.20(f), if the Commission does not 

receive any written request not to accept the 

Agreement within fifteen (15) days, the 

Agreement shall be deemed finally accepted 

on the sixteenth (16th) day after the date it 

is published in the Federal Register. 

19. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Family Dollar knowingly, 

voluntarily, and completely waives any 

rights it may have in this matter to the 

following: (1) An administrative or judicial 

hearing; (2) judicial review or other challenge 

or contest of the validity of the Commission’s 

Order or actions; (3) a determination by the 

Commission of whether Family Dollar failed 

to comply with the CPSA and its underlying 

regulations; (4) a statement of findings of fact 

and conclusions of law; and (5) any claims 

under the Equal Access to Justice Act. 

20. The Commission may publicize the 

terms of the Agreement and Order. 

21. The Agreement and Order shall apply 

to, and be binding upon, Family Dollar and 

each of its successors and assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Family 

Dollar to appropriate legal action. 

23. The Agreement may be used in 

interpreting the Order. Understandings, 

agreements, representations, or 

interpretations apart from those contained in 

the Agreement and Order may not be used to 

vary or contradict its terms. The Agreement 

shall not be waived, amended, modified, or 

otherwise altered, except in a writing that is 

executed by the party against whom such 

waiver, amendment, modification, or 

alteration is sought to be enforced. 

24. If any provision of the Agreement and 

Order is held to be illegal, invalid, or 

unenforceable under present or future laws 

effective during the terms of the Agreement 

and Order, such provision shall be fully 

severable. The balance of the Agreement and 

Order shall remain in full force and effect, 

unless the Commission and Family Dollar 

agree that severing the provision materially 

affects the purpose of the Agreement and 

Order. 

Family Dollar Stores, Inc. 

Dated: 3/19/09. 

By: lllllllllllllllllll

Jacob Modla, Esq., 

Assistant Secretary and Interim General 

Counsel, Family Dollar Stores, Inc., 10401 

Monroe Road, Matthews, NC 28105–5349. 

Dated: 3/23/09. 

By: lllllllllllllllllll

Michael J. Gidding, Esq. 

Brown & Gidding, P.C., 3201 N. Mexico Ave, 

NW., Washington, DC 20016, Counsel for 

Family Dollar Stores, Inc. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel, Ronald G. Yelenik, Assistant 

General Counsel, Division of Compliance, 

Office of the General Counsel. 

Dated: 3/31/09. 

By: lllllllllllllllllll

Belinda V. Bell, 

Trial Attorney, M. Reza Malihi, Trial 

Attorney, Division of Compliance, Office of 

the General Counsel. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Family Dollar Stores, Inc., 

CPSC Docket No. 09–C0023. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Family 

Dollar Stores, Inc. (‘‘Family Dollar’’) and the 

U.S. Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the Commission 

having jurisdiction over the subject matter 

and over Family Dollar, and it appearing that 

the Settlement Agreement and Order are in 

the public interest, it is 

Ordered, that the Settlement Agreement be, 

and hereby is, accepted; and it is 

Further ordered, that Family Dollar shall 

pay a civil penalty in the amount of seventy 

five thousand dollars ($75,000.00) within 

twenty (20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made by 

check payable to the order of the United 

States Treasury. Upon the failure of Family 

Dollar to make any of the foregoing payments 

when due, interest on the unpaid amount 

shall accrue and be paid by Family Dollar at 

the Federal legal rate of interest set forth at 

28 U.S.C. 1961(a) and (b). 

Provisionally accepted and provisional 

Order issued on the 8th day of July, 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18519 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0024] 

Michaels Stores, Inc., Provisional 

Acceptance of a Settlement Agreement 

and Order 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: It is the policy of the 

Commission to publish settlements 

which it provisionally accepts under the 

Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e). Published 

below is a provisionally-accepted 

Settlement Agreement with Michaels 

Stores, Inc., containing a civil penalty of 

$45,000.00. 

DATES: Any interested person may ask 

the Commission not to accept this 

agreement or otherwise comment on its 

contents by filing a written request with 

the Office of the Secretary by August 18, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0024, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: M. 

Reza Malihi, Trial Attorney, Division of 

Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7733. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 28, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Michaels Stores, Inc. (‘‘Michaels’’) and the 

staff (‘‘Staff’’) of the United States Consumer 


sroberts on DSKD5P82C1PROD with NOTICES