Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices 77981 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 12–C0004] 

Build-A-Bear Workshop, 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 Build-ABear Workshop, Inc., containing a civil 

penalty of $600,000.00. 

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 December 

30, 2011. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 12–C0004, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East-West Highway, 

Room 820, 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. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: December 9, 2011. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Build-A-Bear Workshop, Inc. (‘‘Build-ABear’’) and staff of the United States 

Consumer Product Safety Commission 

(‘‘Commission’’) hereby enter into this 

Settlement Agreement (‘‘Agreement’’) 

under the Consumer Product Safety Act 

(‘‘CPSA’’). The Agreement and the 

incorporated attached Order resolve 

staff’s allegations set forth below. 

The Parties 

2. Staff is the staff of the Commission, 

an independent federal regulatory 

agency established pursuant to, and 

responsible for, the enforcement of the 

CPSA, 15 U.S.C. 2051–2089. 

3. Build-A-Bear is a corporation, 

organized and existing under the laws of 

the State of Delaware, with its principal 

corporate office located at 1954 

Innerbelt Business Center Drive, St. 

Louis, Missouri 63114. 

Staff Allegations 

4. Between March 2001 and October 

2008, Build-A-Bear imported and sold 

to consumers approximately 260,000 

folding wooden frame toy beach chairs 

(‘‘Chairs’’). The Chairs were sold 

through the Build-A-Bear Web site and 

at Build-A-Bear stores in the United 

States, the United Kingdom, and Canada 

for approximately $8.00 each. 

5. The Chairs are ‘‘consumer 

products’’ and, at all relevant times, 

Build-A-Bear was an ‘‘importer’’ of 

these consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined or used in sections 

3(a)(5), (8), and (11) of the CPSA, 15 

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

6. The Chairs are defective because 

the sharp edges of the Chair’s folding 

wooden frame can pinch, lacerate, or 

amputate a child’s fingertip if the finger 

is caught between the frame as the Chair 

is folded. 

7. In July 2007, Build-A-Bear received 

its first complaint of injury involving 

the Chairs’ folding wooden frame. 

8. In October 2008, Build-A-Bear 

stopped sale of the Chairs and issued a 

notice to its stores to return all Chairs 

in inventory to the Build-A-Bear storage 

warehouse. 

9. Between July 2007 and January 

2009, Build-A-Bear became aware of 10 

injury complaints caused by the Chairs. 

10. Despite knowledge of the 

information set forth in Paragraphs 6 

through 9, Build-A-Bear did not report 

to the Commission until March 10, 

2009. Build-A-Bear recalled the Chairs 

on May 14, 2009. 

11. Build-A-Bear had obtained 

sufficient information to reasonably 

support the conclusion that the Chairs 

contained a defect which could create a 

substantial product hazard, or that the 

Chairs created an unreasonable risk of 

serious injury or death, but Build-ABear failed to inform the Commission 

immediately of such defect or risk, as 

required by sections 15(b)(3) and (4) of 

the CPSA, 15 U.S.C. 2064(b)(3) and (4). 

In failing to inform the Commission 

about the Chairs immediately, Build-ABear knowingly violated section 19(a)(4) 

of the CPSA, 15 U.S.C. 2068(a)(4), as the 

term ‘‘knowingly’’ 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, Build-A-Bear is 

subject to civil penalties for its knowing 

failure to report, as required under 

section 15(b) of the CPSA, 15 U.S.C. 

2064(b). 

Response of Build-A-Bear Workshop, 

Inc. 

13. Build-A-Bear denies the 

aforementioned staff allegations. 

14. On March 10, 2009 Build-A-Bear 

filed a Section 15 Report under the 

Commission’s Fast Track Program 

initiating a voluntary recall. Prior to that 

time, Build-A-Bear denies that it had 

sufficient information regarding injuries 

associated with the product to conclude 

that the Chairs contained a defect which 

could create a substantial product 

hazard or create an unreasonable risk of 

serious injury or death. Therefore, 

Build-A-Bear denies that it violated the 

reporting requirements of Section 15(b) 

of the CPSA, 15 U.S.C. 2064(b). 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Build-A-Bear. 

16. In settlement of staff’s allegations, 

Build-A-Bear shall pay a civil penalty in 

the amount of $600,000.00 within 20 

calendar days of receiving service of the 

Commission’s final Order accepting the 

Agreement. The payment shall be made 

electronically to the CPSC via http://

www.pay.gov. 

17. Build-A-Bear agrees that it will 

not seek or accept, directly or indirectly, 

indemnification, reimbursement, 

insurance, or any other form of 

compensation or payment, including, 

but not limited to, cash, account credit, 

or setoff, from any manufacturer, 

importer, or retail store, or from any 

other firm or person, for the civil 

penalty that Build-A-Bear agrees to pay 

pursuant to this Agreement and Order. 

18. The parties enter into this 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Build-A-Bear, nor does it 

constitute a determination by the 

Commission, that Build-A-Bear violated 

the CPSA’s reporting requirements. 

19. Upon provisional acceptance of 

the Agreement by the Commission, 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). If the Commission does not 

receive any written request not to accept 

the Agreement within 15 calendar days, 

the Agreement shall be deemed finally 

accepted on the 16th calendar day after 

the date it is published in the Federal 

Register, in accordance with 16 CFR 

1118.20(f). 

20. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Build-Amstockstill on DSK4VPTVN1PROD with NOTICES

77982 Federal Register / Vol. 76, No. 241 / Thursday, December 15, 2011 / Notices 

Bear knowingly, voluntarily, and 

completely waives any rights it may 

have in this matter to the following: (a) 

An administrative or judicial hearing; 

(b) judicial review or other challenge or 

contest of the Commission’s actions; (c) 

a determination by the Commission of 

whether Build-A-Bear failed to comply 

with the CPSA and the underlying 

regulations; (d) a statement of findings 

of fact and conclusions of law; and (e) 

any claims under the Equal Access to 

Justice Act. 

21. The Commission may publicize 

the terms of the Agreement and the 

Order. 

22. The Agreement and the Order 

shall apply to, and be binding upon, 

Build-A-Bear and each of its successors 

and/or assigns. 

23. The Commission issues the Order 

under the provisions of the CPSA, and 

a violation of the Order may subject 

Build-A-Bear and each of its successors 

and/or assigns to appropriate legal 

action. 

24. 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 the terms or the Agreement 

and the Order. 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. 

25. If any provision of the Agreement 

or 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 Build-ABear agree that severing the provision 

materially affects the purpose of the 

Agreement and Order. 

Build-A-Bear Workshop, Inc. 

Dated: September 27, 2011. 

By: lllllllllllllllllll

Eric R. Fencl, 

General Counsel, 

Build-A-Bear Workshop, Inc. 

1954 Innerbelt Business Center Drive 

St. Louis, MO 63114. 

Dated: September 27, 2011. 

By: lllllllllllllllllll

Stephen L. Hill, 

Esquire, 

Husch Blackwell LLP 

4801 Main Street, Suite 1000 

Kansas City, MO 64112 

Counsel for Build-A-Bear Workshop, Inc. 

U.S. Consumer Product Safety Commission 

Staff 

Cheryl A. Falvey, 

General Counsel. 

Mary B. Murphy, 

Assistant General Counsel. 

Dated: December 2, 2011. 

By: lllllllllllllllllll

Belinda V. Bell, 

Trial Attorney, 

Division of Compliance 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between BuildA-Bear Workshop, Inc. (‘‘Build-ABear’’), and the U.S. Consumer Product 

Safety Commission (‘‘Commission’’) 

staff, and the Commission having 

jurisdiction over the subject matter and 

over Build-A-Bear, and it appearing that 

the Settlement Agreement and the Order 

are in the public interest, it is 

Ordered that the Settlement 

Agreement be, and is, hereby, accepted; 

and it is 

Further Ordered, that Build-A-Bear 

shall pay a civil penalty in the amount 

of $600,000.00 within 20 calendar days 

of receiving service of the Commission’s 

final Order accepting the Settlement 

Agreement. The payment shall be made 

electronically to the CPSC via http://

www.pay.gov. Upon the failure of BuildA-Bear to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Build-A-Bear 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 9th day of December, 

2011. 

By order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. 2011–32116 Filed 12–14–11; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Defense Acquisition University Board 

of Visitors; Notice of Meeting 

AGENCY: Defense Acquisition 

University, Department of Defense 

(DoD). 

ACTION: Meeting notice. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

1972 (5 U.S.C., Appendix, as amended), 

the Government in the Sunshine Act of 

1976 (5 U.S.C. 552b, as amended), and 

41 CFR 102–3.150, the Department of 

Defense announces that the following 

Federal advisory committee meeting of 

the Defense Acquisition University 

Board of Visitors will take place. 

DATES: Wednesday, January 25, 2012, 

from 8:30 a.m.–11:30 a.m. 

ADDRESSES: Command Conference 

Center, Building 202, Defense 

Acquisition University, 9820 Belvoir 

Road, Fort Belvoir, VA 22060. 

FOR FURTHER INFORMATION CONTACT: 

Christen Goulding, Protocol Director, 

DAU, Phone: (703) 805–5134, Fax: (703) 

805–5940, Email: 

christen.goulding@dau.mil. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Meeting: The purpose 

of this meeting is to report back to the 

Board of Visitors on continuing items of 

interest. 

Agenda: 

8:30 a.m. Welcome and approval of 

minutes. 

8:40 a.m. Certification to Qualification. 

9:30 a.m. Distinguished Faculty. 

10:30 a.m. Mission Assistance. 

11:15 a.m. Open forum discussion. 

11:30 a.m. Adjourn. 

Public’s Accessibility to the Meeting: 

Pursuant to 5 U.S.C. 552b and 41 CFR 

102–3.140 through 102–3.165, and the 

availability of space, this meeting is 

open to the public. However, because of 

space limitations, allocation of seating 

will be made on a first-come, first 

served basis. Persons desiring to attend 

the meeting should call Ms. Christen 

Goulding at (703) 805–5134. 

Committee’s Designated Federal Officer 

or Point of Contact: 

Ms. Kelley Berta, (703) 805–5412. 

Dated: December 9, 2011. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2011–32133 Filed 12–14–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF EDUCATION 

Applications for Eligibility Designation; 

Programs Under Parts A and F of Title 

III of the Higher Education Act of 1965, 

as Amended (HEA), and Programs 

Under Title V of the HEA 

AGENCY: Office of Postsecondary 

Education, Department of Education. 

ACTION: Notice. 

Overview Information: 

Programs authorized under Part A, 

Title III of the HEA: Strengthening 

Institutions Program (Part A SIP), 

Predominantly Black Institutions (Part 

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