Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38405 

restricted to those issues specifically 

identified in the agenda and any issues 

arising after publication of this notice 

that require emergency action under 

Section 305(c) of the Magnuson-Stevens 

Act, provided the public has been 

notified of the Council’s intent to take 

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 Tina 

O’Hern at the Council (see ADDRESSES) 

at least 5 working days prior to the 

meeting. 

Dated: July 29, 2009. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. E9–18403 Filed 7–31–09; 8:45 am] 

BILLING CODE 3510–22–S 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0022] 

Downeast Concepts, 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 Downeast 

Concepts, Inc., containing a civil 

penalty of $30,000.00. 

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–C0022, 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 or Neal S. 

Cohen, Trial Attorney, (same address); 

telephone (301) 504–7504. 

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 Downeast Concepts, Inc., 

CPSC Docket No. 09–C0022. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Downeast Concepts, Inc. (‘‘Downeast’’) 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. Downeast is a corporation organized and 

existing under the laws of Maine, with its 

principal offices located in Yarmouth, Maine. 

At all times relevant hereto, Downeast 

imported and/or sold painted metal water 

bottles. 

Staff Allegations 

4. Between February 2006 and February 

2007, Downeast imported into the United 

States about 18,000 units of metal water 

bottles, marketed under the ‘‘Backyard and 

Beyond’’ brand and painted with assorted 

animal and insect graphics on the exterior 

(Model Numbers: 60442, 60448, 67402, 

67404, 67442, 67444, 67742, 67744, 67746 

and 67748 (‘‘Bottle(s)’’)). Downeast 

distributed most of the subject products to 

major retailers, gift shops, convenience 

stores, mass merchandise and drug stores 

nationwide from February 2006 through 

January 2008 and said products were then 

sold for about $8.00 per unit. 

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

and, at all times relevant hereto, Downeast 

was a ‘‘manufacturer’’ of those consumer 

product(s), which were ‘‘distributed in 

commerce,’’ as those terms are defined in 

CPSA sections 3(a)(3), (5), (8), and (11), 15 

U.S.C. §§ 2052(a)(3), (5), (8), and (11). 

6. The Bottles 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. Downeast reported to CPSC on January 

25, 2008 that recent testing of samples of the 

Bottles by an independent laboratory had 

demonstrated that various colors of paints 

used to create the designs on the outside 

surface of the Bottles contained a total lead 

content ranging from 0.07 percent to as high 

as 59.78 percent. These levels of lead are in 

excess of the permissible 0.06 percent limit 

set forth in the Ban. 

8. On March 25, 2008, the Commission and 

Downeast announced a consumer-level recall 

of about 18,000 units of the Bottles because 

‘‘Surface paint on the metal water bottles 

contains excessive levels of lead, violating 

the Federal lead paint standard.’’ 

9. Although Downeast reported no 

incidents or injuries associated with the 

Bottles, 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. 

10. The Bottles 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 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. 

11. Between February 2006 and January 

2008, Downeast manufactured for sale, 

distributed in commerce, or imported into 

the United States, or caused one or more of 

such acts, with respect to the aforesaid 

banned hazardous Bottles, in violation of 

section 19(a)(1) of the CPSA, 15 U.S.C. 

2068(a)(1). Downeast committed these 

prohibited acts ‘‘knowingly,’’ as that term is 

defined in section 20(d) of the CPSA, 15 

U.S.C. 2069(d). 

12. Pursuant to section 20 of the CPSA, 15 

U.S.C. 2069, Downeast is subject to civil 

penalties for the aforementioned violations. 

Downeast’s Responsive Allegations 

13. Downeast denies the Staff’s allegations 

set forth above that Downeast knowingly 

violated the CPSA. 

Agreement of the Parties 

14. Under the CPSA, the Commission has 

jurisdiction over this matter and over 

Downeast. 

15. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by 

Downeast, or a determination by the 

Commission, that Downeast has knowingly 

violated the CPSA. 

16. In settlement of the Staff’s allegations, 

Downeast shall pay a civil penalty in the 

amount of thirty thousand dollars 

($30,000.00). The civil penalty shall be paid 

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. 

17. 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 


sroberts on DSKD5P82C1PROD with NOTICES
38406 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

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. 

18. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Downeast 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 Downeast 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. 

19. The Commission may publicize the 

terms of the Agreement and Order. 

20. The Agreement and Order shall apply 

to, and be binding upon, Downeast and each 

of its successors and assigns. 

21. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject Downeast 

and each of its successors and assigns to 

appropriate legal action. 

22. 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. 

23. 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 Downeast agree 

that severing the provision materially affects 

the purpose of the Agreement and Order. 

Downeast Concepts, Inc. 

Dated: 3/18/09. 

By: lllllllllllllllllll

Frederick H. Palmer, 

President, Downeast Concepts, Inc., 86 

Downeast Drive, Yarmouth, ME 04096. 

Dated: 3/20/09. 

By: lllllllllllllllllll

David W. Bertoni, Esq., 

Brann & Isaacson, 184 Main Street, P.O. Box 

3070, Lewiston, ME 04243, Counsel for 

Downeast Concepts, Inc. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel, Office of the General 

Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: 4/14/09. 

By: lllllllllllllllllll

M. Reza Malihi, 

Trial Attorney, Office of the General Counsel. 

By: lllllllllllllllllll

Neal S. Cohen, 

Trial Attorney, Office of the General Counsel. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Downeast Concepts, Inc., 

CPSC Docket No. 09–C0022. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Downeast 

Concepts, Inc. (‘‘Downeast’’) and the U.S. 

Consumer Product Safety Commission 

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

having jurisdiction over the subject matter 

and over Downeast, 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 Downeast shall pay a 

civil penalty in the amount of thirty 

thousand dollars ($30,000.00). The civil 

penalty shall be paid 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 Downeast to make the foregoing 

payment when due, interest on the 

outstanding balance shall accrue and be paid 

by Downeast 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. E9–18520 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0026] 

First Learning Company Limited, 

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 First 

Learning Company Limited, containing 

a civil penalty of $50,000.00. 

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–C0026, 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. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of First Learning Company 

Limited CPSC Docket No. 09–C0026. 

Settlement Agreement and Order 

1. In accordance with 16 CFR 1118.20, 

First Learning Company Limited (‘‘First 

Learning’’) 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. First Learning is a corporation organized 

and existing under the laws of Hong Kong, 

People’s Republic of China (PRC), with its 

principal offices located in Kowloon, Hong 

Kong, PRC. First Learning’s network of 

manufacturer representatives conduct 

business on its behalf through offices located 

in the United States. At all times relevant 

hereto, First Learning manufactured and/or 

sold toys and other children’s products, 

among other merchandise. 

Staff Allegations 

4. Between April 2006 and August 2006, 

First Learning manufactured in China for sale 

in the United States about 9,400 units of 

certain ‘‘Soldier Bear’’ toys, including the 

Soldier Bear Wooden Pull-Along Learning 

Blocks Wagon, style number 6320, UPC code 

number 834162002158; the Soldier Bear 

Time Teacher, style #6231, UPC 

#834162002646; and the Soldier Bear 

Wooden Riding Horse, style number 6349, 

and UPC code number 834162003698 

(collectively, ‘‘Soldier Bear Toy(s)’’). From 

August 2006 through October 2007, First 

Learning offered the Soldier Bear Toys for 


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