Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38417 

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. 

24. Upon the Commission’s final 

acceptance of the Agreement and issuance of 

the final Order, Dollar General 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 Dollar General 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. 

25. The Commission may publicize the 

terms of the Agreement and Order. 

26. The Agreement and Order shall apply 

to, and be binding upon, Dollar General and 

each of its successors and assigns. 

27. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject those 

referenced in paragraph 26 above to 

appropriate legal action. 

28. 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, without written agreement 

thereto executed by the party against whom 

such waiver, amendment, modification, or 

alteration is sought to be enforced. 

29. 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 Dollar General 

agree that severing the provision materially 

affects the purpose of the Agreement and 

Order. 

DOLLAR GENERAL CORPORATION 

Dated: June 24, 2009. 

By: lllllllllllllllllll

Susan S. Lanigan, 

Executive Vice President and General 

Counsel, Dollar General Corporation, 100 

Mission Ridge, Goodlettsville, TN 37072. 

Dated: June 24, 2009. lllllllllll

By: lllllllllllllllllll

Robert R. Stephenson, 

Deputy General Counsel, 

Dollar General Corporation. 

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: June 25, 2009. lllllllllll

By: lllllllllllllllllll

Neal S. Cohen, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

By: lllllllllllllllllll

M. Reza Malihi, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

In the Matter of Dollar General Corporation; 

Order 

Upon consideration of the Settlement 

Agreement entered into between Dollar 

General Corporation (‘‘DGC’’), for itself and 

on behalf of its wholly owned subsidiaries, 

Dollar General Merchandising, Inc., DG 

Retail, LLC, Dolgencorp, Inc., Dolgencorp of 

Texas, Inc., Dolgencorp of New York, Inc., 

and Dollar General Partners (collectively 

referred to as ‘‘Dollar General’’), and the U.S. 

Consumer Product Safety Commission 

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

having jurisdiction over the subject matter 

and over Dollar General, 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 DGC shall pay, on 

behalf of Dollar General, a civil penalty in the 

amount of one hundred thousand dollars 

($100,000.00) 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 DGC to make any of the 

foregoing payments when due, interest on the 

unpaid amount shall accrue and be paid by 

DGC 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: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18508 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0030] 

Haier America Trading, LLC, 

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 Haier 

America Trading, LLC, containing a 

civil penalty of $587,500.00. 

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–C0030, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: Seth 

B. Popkin, Lead Trial Attorney, Division 

of Compliance, Office of the General 

Counsel, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, Maryland 20814–4408; 

telephone (301) 504–7612. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: July 29, 2009. 

Todd A. Stevenson, 

Secretary. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Haier America Trading, 

LLC, CPSC Docket No. 09–C0030. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Haier America Trading, LLC (‘‘Haier 

America’’) and the staff (‘‘Staff’’) of the 

United States Consumer Product Safety 

Commission (‘‘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. Haier America is a limited liability 

company organized and existing under the 

laws of New York, with its principal offices 

located in New York, New York. At all times 

relevant hereto, Haier America sold 

appliances. 

Staff Allegations 

4. From on or about January to July 2004, 

Haier America distributed in commerce, 

including through importation and sale to 

retailers, multiple units of the Haier America 

Oscillating Tower Fan model FTM140GG 

(‘‘Fan’’). 

5. The Fans are ‘‘consumer product[s],’’ 

and, at all times relevant hereto, Haier 

America was a ‘‘manufacturer’’ of those 

consumer products, which were ‘‘distributed 

in commerce,’’ as those terms are defined in 

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

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


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38418 Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 

6. From May to October 2004, Haier 

America received 14 reports of Fan incidents, 

some of which involved fires and injuries. 

7. From May to October 2004, Haier 

America obtained information about the Fans 

through investigation, testing, and analysis. 

8. The incident reports and other 

information that Haier America received 

about the Fans raised defect and hazard 

concerns for Haier America. 

9. On November 22, 2005, Haier America 

and the Commission announced a recall of 

the Fans. As indicated in part in the recall 

Press Release, the defect and hazard involved 

repeated bending of the Fan wires from the 

base to the tower during oscillation, which 

caused the wires to break and arc, resulting 

in a fire hazard. 

10. By no later than July 1, 2004, Haier 

America had obtained information that 

reasonably supported the conclusion that the 

Fans contained a defect that could create a 

substantial product hazard or that they 

created an unreasonable risk of serious injury 

or death. CPSA sections 15(b)(3) and (4), 15 

U.S.C. 2064(b)(3) and (4), required Haier 

America to immediately inform the 

Commission of the Fans’ defect and risk. 

11. Haier America did not report to the 

Commission regarding the Fans until 

December 22, 2004, after the Commission 

staff requested that Haier America report. In 

addition, at the time that it reported, Haier 

America failed to furnish all required 

information. Haier America thereby failed to 

immediately and adequately inform the 

Commission about the Fans’ defect and risk 

as required by CPSA sections 15(b)(3) and 

(4), 15 U.S.C. 2064(b)(3) and (4). This failure 

constituted a prohibited act under CPSA 

section 19(a)(4), 15 U.S.C. 2068(a)(4). 

12. Haier America knowingly committed 

this prohibited act, as the term ‘‘knowingly’’ 

is defined in CPSA section 20(d), 15 U.S.C. 

2069(d). Pursuant to CPSA section 20, 15 

U.S.C. 2069, Haier America’s prohibited act 

subjected it to civil penalties. 

Haier America Response 

13. Haier America denies the Staff’s 

allegations set forth in paragraphs 4–12 

above, including, but not limited to, any 

allegation that Haier America failed timely to 

notify the Commission in accordance with 

section 15 of the CPSA. 

Agreement of the Parties 

14. Under the CPSA, the Commission has 

jurisdiction over this matter and over Haier 

America. 

15. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Haier 

America, or a determination by the 

Commission, that Haier America knowingly 

violated the CPSA. Upon issuance of, and 

Haier America’s compliance with, the final 

Order, the Commission regards this matter as 

resolved and agrees not to bring a civil 

penalty action against Haier America based 

upon the Staff’s allegations set forth in 

paragraphs 4–12 above regarding the Fan. 

16. In settlement of the Staff’s allegations, 

Haier America shall pay a civil penalty in the 

amount of five hundred eighty-seven 

thousand five hundred dollars ($587,500.00) 

within twenty (20) calendar days of service 

of the Commission’s final Order accepting 

the Agreement. The payment shall be by 

check payable to the order of the United 

States Treasury. 

17. Upon 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) calendar days, the Agreement 

shall be deemed finally accepted on the 

sixteenth (16th) calendar 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, Haier America 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 Order or of 

the Commission’s actions; (3) a 

determination by the Commission of whether 

Haier America 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 the Order. 

20. The Agreement and the Order shall 

apply to, and be binding upon, Haier 

America 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 those 

persons or entities referenced in the 

preceding paragraph 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 the Order may not be 

used to vary or contradict their terms. The 

Agreement shall not be waived, amended, 

modified, or otherwise altered without 

written agreement thereto 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 

the Order is held to be illegal, invalid, or 

unenforceable under present or future laws 

effective during the terms of the Agreement 

and the Order, such provision shall be fully 

severable. The balance of the Agreement and 

the Order shall remain in full force and 

effect, unless the Commission and Haier 

America agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

Haier America Trading, LLC. 

Dated: lllllllllllllllll

By: lllllllllllllllllll

Michael Jemal, 

President and CEO, Haier America Trading, 

LLC, 1356 Broadway, New York, N.Y. 10018. 

Dated: 6/1/09. 

By: lllllllllllllllllll

Eric A. Rubel, Esq., 

Arnold & Porter LLP, 555 12th Street, NW., 

Washington, DC 20004–1206, Counsel for 

Haier America Trading LLC. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION STAFF 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: 6/19/09. 

By: lllllllllllllllllll

Seth B. Popkin, 

Lead Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

United States of America—Consumer 

Product Safety Commission 

In the Matter of Haier America Trading, 

LLC, CPSC Docket No. 09–C0030. 

Order 

Upon consideration of the Settlement 

Agreement entered into between Haier 

America Trading, LLC (‘‘Haier America’’) and 

the U.S. Consumer Product Safety 

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

Commission having jurisdiction over the 

subject matter and over Haier America, and 

it appearing that the Settlement Agreement 

and the Order are in the public interest, it is 

Ordered, that the Settlement Agreement be, 

and hereby is, accepted; and it is 

Further ordered, that Haier America shall 

pay a civil penalty in the amount of five 

hundred eighty-seven thousand five hundred 

dollars ($587,500.00) 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 Haier America to make the 

foregoing payment when due, interest on the 

unpaid amount shall accrue and be paid by 

Haier America 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 28th day of July, 2009. 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 147 / Monday, August 3, 2009 / Notices 38419 

By Order of the Commission: 

lllllllllllllllllllll

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–18506 Filed 7–31–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0028] 

Cardinal Distributing Company, 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 Cardinal 

Distributing Company, Inc., containing a 

civil penalty of $100,000.00. 

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–C0028, 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 Cardinal Distributing 

Company, Inc., CPSC Docket No. 09–C0028. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Cardinal Distributing Company, Inc. 

(‘‘Cardinal’’) 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. Cardinal is a corporation organized and 

existing under the laws of Maryland, with its 

principal offices located in Baltimore, 

Maryland. At all times relevant hereto, 

Cardinal imported and/or sold toy jewelry. 

Staff Allegations 

4. Between November 2005 and April 

2007, Cardinal imported into the United 

States about 900,000 units of toy jewelry, 

consisting of Children’s ‘‘Sportswear’’ 

Necklaces, Item # 8261 (‘‘Necklace(s)’’), and 

Children’s Charm Bracelets, Item # INK705 

(‘‘Bracelet(s)’’). Cardinal offered for sale or 

sold most of the subject products through 

vending machines located in malls, discount, 

department and grocery stores nationwide 

from January 2006 through April 2007 for 

$0.25 per unit. 

5. The Necklaces and Bracelets are 

‘‘consumer product(s),’’ and, at all times 

relevant hereto, Cardinal 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 Necklaces and Bracelets 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 ‘‘lead-containing 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 February 16, 2007, the Staff obtained 

samples of the Necklaces from one of 

Cardinal’s customers based in Illinois, which 

subsequently were tested at the CPSC 

Laboratory for the presence of lead. The test 

results demonstrated that the yellow paint on 

certain Necklace samples contained a total 

lead content from 0.519 percent to 0.726 

percent. These levels of lead are in excess of 

the permissible 0.06 percent limit set forth in 

the Ban. 

8. Cardinal reported to CPSC on April 10, 

2007 that recent testing of the Bracelets by an 

independent laboratory had demonstrated 

that their surface coating contained a total 

lead content as high as 1.5 percent. These 

levels of lead are in excess of the permissible 

0.06 percent limit set forth in the Ban. 

9. On April 17, 2007, the Commission and 

Cardinal announced a consumer-level recall 

of about 900,000 units of the Necklaces and 

Bracelets because ‘‘The paint on this jewelry 

contains high levels of lead. Lead is toxic if 

ingested by young children and can cause 

adverse health effects.’’ 

10. Although Cardinal reported no 

incidents or injuries associated with the 

Necklaces and Bracelets, it failed to take 

adequate action to ensure that none would 

bear or contain lead-containing paint, thereby 

creating a risk of lead poisoning and adverse 

health effects to children. 

11. The Necklaces and Bracelets 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. 

12. Between November 2005 and April 

2007, Cardinal 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 

aforesaid banned hazardous Necklaces and 

Bracelets, in violation of section 19(a)(1) of 

the CPSA, 15 U.S.C. 2068(a)(1). Cardinal 

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, Cardinal is subject to civil 

penalties for the aforementioned violations. 

Cardinal Response 

14. Cardinal denies the Staff’s allegations 

set forth above that Cardinal knowingly 

violated the CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission has 

jurisdiction over this matter and over 

Cardinal. 

16. The parties enter into the Agreement 

for settlement purposes only. The Agreement 

does not constitute an admission by Cardinal, 

or a determination by the Commission, that 

Cardinal has knowingly violated the CPSA. 

17. In settlement of the Staff’s allegations, 

Cardinal shall pay a civil penalty in the 

amount of one hundred thousand dollars 

($100,000.00). The civil penalty shall be paid 

in two (2) installments as follows: $50,000.00 

shall be paid within twenty (20) calendar 

days of service of the Commission’s final 

Order accepting the Agreement; and 

$50,000.00 shall be paid within six (6) 

months of service of the Commission’s final 

Order accepting the Agreement. Each 

payment shall be made by check payable to 

the order of the United States Treasury. 

18. The CPSC agrees to take no further 

action involving Cardinal with respect to 

CPSC Sample Nos. 07–302–0148 and 07– 

302–0149 (Children’s Rings with Dice or 

Horseshoes, Release No. 07–174), and CPSC 

No. RP070318 (Children’s Turquoise Rings, 

Release No. 07–189). 

19. 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 


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