[Federal Register Volume 62, Number 213 (Tuesday, November 4, 1997)]
[Notices]
[Pages 59661-59662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29156]


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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 98-1]


Black & Decker Corporation; Complaint

AGENCY: Consumer Product Safety Commission.

ACTION: Publication of a complaint under the Consumer Product Safety 
Act.

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SUMMARY: Under Provisions of its Rules of Practice for Adjudicative 
Proceedings (16 CFR part 1025), the Consumer Product Safety Commission 
must publish in the Federal Register complaints which it issues. 
Published below is a complaint in the matter of Black & Decker 
Corporation.

SUPPLEMENTARY INFORMATION: The text of the Complaint appears below.

    Dated: October 29, 1997.
Sadye E. Dunn,
Secretary.

[CPSC Docket No. 98-1]

In the Matter of Black & Decker Co.; Complaint

Nature of Proceedings

    1. This is an administrative proceeding pursuant to Section 15 of 
the Consumer Product Safety Act (CPSA), 15 U.S.C. Sec. 2064, for public 
notification and remedial action to protect the public from substantial 
risks of injury presented by a toaster. This proceeding is governed by 
the Rules of Practice for Adjudicative Proceedings before the Consumer 
Product Safety Commission, 16 C.F.R. part 1025.

Jurisdiction

    2. This proceeding is instituted pursuant to the authority 
contained in sections 15 (c), (d), and (f) of the CPSA, 15 U.S.C. 
Secs. 2064 (c), (d), and (f).

Parties

    3. Complaint Counsel is the staff of the Division of Administrative 
Litigation of the Office of Compliance of the U.S. Consumer Product 
Safety Commission, an independent regulatory commission established by 
Section 4 of the CPSA. 15 U.S.C. Sec. 2053.
    4. Respondent Black & Decker Corporation is a Maryland corporation 
with its principal place of business located at 701 E. Joppa Road, 
Baltimore, Maryland 21286-5559.
    5. Black & Decker is a ``manufacturer'' of consumer products as 
that term is defined in the CPSA, 15 U.S.C. Sec. 2052(a)(4).

The Consumer Product

    6. The Black & Decker Spacemaker Optima Toaster, Model T1000, Type 
1 (``Spacemaker Toaster'') is a toaster designed, produced and 
distributed specifically to be installed directly under kitchen 
cabinets and is a consumer product. 15 U.S.C. Sec. 2052.

Substantial Risks of Injury

    7. Paragraphs 1 through 6 are hereby realleged.
    8. The Spacemaker Toaster is designed to be mounted underneath 
kitchen cabinets. There is a glass door on the front of the toaster. 
The consumer inserts the food item in the front of the toaster, 
horizontally, onto a rack.
    9. An electronic timer in the Spacemaker Toaster with thermal 
compensation controls the temperature.
    10. When a toasting cycle is complete, a glass door on the front of 
the Spacemaker Toaster automatically opens and the rack containing the 
food item extends out--also automatically--approximately 1\1/2\ inches.
    11. The Spacemaker Toaster sets food items on fire because the 
electronic timer does not adequately control temperature within the 
product.
    12. If food items ignite, the Spacemaker Toaster releases the 
flames at the end of the toasting cycle when the glass door 
automatically opens and the rack containing the burning food 
automatically extends.
    13. The features of the Spacemaker Toaster set forth in paragraphs 
9 through 11 above constitute design defects under 15 U.S.C. Sec. 2064.
    14. When the Spacemaker Toaster releases flames, the flames may 
impinge directly on the kitchen cabinets and combustibles in the 
cabinet, igniting the cabinet and/or its contents. The fires may 
spread, exposing consumers to the risk of bodily injury or death by 
burning or smoke inhalation.
    15. All of the approximately 224,000 Spacemaker Toasters purchased 
by the public carry the risk of severe injury or death because all 
units are of the same design.
    16. The defects in the Spacemaker Toasters create a substantial 
risk of injury to consumers within the meaning of Section 15(a)(2) of 
the CPSA, 15 U.S.C. Sec. 2064(a)(2).
    17. The Spacemaker Toaster presents a substantial product hazard as 
described in sections 15(a)(2), (c) and (d) of the CPSA, 15 U.S.C. 
Secs. 2064 (a)(2), (c) and (d).

Relief Sought

    Wherefore, in the public interest, Complaint Counsel requests that 
the Commission:
    A. Determine that Respondent's Spacemaker Toasters present a 
``substantial product hazard'' within the meaning of section 15 (a)(2) 
of the CPSA, 15 U.S.C. Sec. 2064(a)(2).
    B. Determine that public notification under section 15(c) of the 
CPSA, 15 U.S.C. Sec. 2064(c) is required to protect the public 
adequately from the substantial product hazard presented by the T1000 
Toasters which have been distributed and order that the Respondent:
    (1) Give prompt public notice that the Spacemaker Toaster presents 
a fire hazard to consumers and of the remedies available to remove the 
risk of injury;
    (2) Mail notice to each person who is or has been a distributor or 
retailer of the Spacemaker Toaster;

[[Page 59662]]

    (3) Mail notice to every person to whom Respondent knows the 
Spacemaker Toaster was delivered or sold; and
    (4) Include in the notice required by (1), (2) and (3) above a 
complete description of the hazard presented, a warning to stop using 
the Spacemaker Toaster immediately; and clear instructions for 
returning the Spacemaker Toasters to Respondent. The form and content 
of the notice will be specified by the Commission.
    C. Determine that action under section 15(d) of the CPSA, 15 U.S.C. 
Sec. 2064(d), is in the public interest and order Respondent:
    (1) To cease manufacturing for sale, offering for sale, and 
distributing in commerce Spacemaker Toasters;
    (2) To elect to repair all Spacemaker Toasters so they will not 
create a fire hazard; to replace all Spacemaker Toasters with a like or 
equivalent product which will not create a fire hazard; or to refund to 
consumers the purchase price of the Spacemaker Toasters;
    (3) To make no charge to consumers and to reimburse them for any 
foreseeable expenses incurred in availing themselves of any remedy 
provided under any order issued in this matter;
    (4) To reimburse distributors and dealers for expenses in 
connection with carrying our any Commission Order issued in this 
matter;
    (5) To submit a plan satisfactory to the Commission, within ten 
(10) days of service of the final Order, directing that actions 
specified in paragraphs C(1) through C(4) above be taken in a timely 
manner;
    (6) To keep records of its actions taken to comply with paragraphs 
C(1) through C(5) above; and to supply these records to the Commission 
for a period of three (3) years after entry of a Final Order issued by 
the Commission requiring notice and remedial action, for the purpose of 
monitoring compliance with the Final Order;
    (7) To notify the Commission at least 60 days prior to any change 
in their business (such as incorporation, dissolution, assignment, 
sale, or petition for bankruptcy) that results in, or is intended to 
result in, the emergence of successor ownership, the creation or 
dissolution of subsidiaries, going out of business, or any other change 
that might affect;
    (8) To take such other and further actions as the Commission deems 
necessary to protect the public health and safety and to comply with 
the CPSA.

    Issued by Order of the Commission.

    Dated: October 29, 1997.
Alan H. Schoem,
Assistant Executive Director, Office of Compliance.
Eric Stone,
Director, Division of Administrative Litigation, Office of Compliance.
William J. Moore, Jr.,
Complaint Counsel, Division of Administrative Litigation, Office of 
Compliance.
Deborah J. Lewis,
Complaint Counsel, Division of Administrative Litigation, Office of 
Compliance.

List and Summary of Documentary Evidence Supporting the Complaint

    Pursuant to 16 CFR 1025.11(b)(3) of the Commission's Rules of 
Practice for Adjudicative Proceedings, the following is a list and 
summary of documentary evidence supporting the Complaint in this 
matter. Complaint Counsel reserves the right to offer additional 
evidence during the course of the proceedings.
    1. A photograph of a Spacemaker Optima Horizontal Toaster, Model 
T1000, Type 1.
    2. A Consumer Product Safety Commission (CPSC) report dated 
September 21, 1995, by Terry Van Houten, Division of Human Factors. 
This report analyzes how consumers may engage in normal use of the 
Spacemaker Toaster in a manner that increases the risk of fire.
    3. CPSC memorandum dated January 23, 1997 from Julie Ayers, 
Electrical Engineer, Office of Hazard Identification and Reduction to 
Renae Rauchschwalbe, Office of Corrective Actions. This memorandum 
explains the fire hazard posed by the Spacemaker Toaster.
    4. Photographs and videotape of testing conducted by CPSC Office of 
Hazard Identification and Reduction on April 9, 1997. These tests show 
that the spread of a fire originating from food in a Spacemaker Toaster 
mounted underneath an open kitchen cabinet can result in a catastrophic 
household fire.
    5. Photographs of testing conducted by CPSC Office of Hazard 
Identification and Reduction on June 18, 1997. These tests show that 
the spread of a fire originating from food in a Spacemaker Toaster 
mounted underneath a closed kitchen cabinet can result in a 
catastrophic household fire.

[FR Doc. 97-29156 Filed 11-3-97; 8:45 am]
BILLING CODE 6355-01-M