17660 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

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 Outfitter 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. 

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, 

Outfitter and each of its successors and 

assigns. 

23. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject 

Outfitter and each of its successors and 

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 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. 

25. 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 Outfitter 

agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

Outfitter Trading Company LLC. 

Dated: March 11, 2009. 

By: 

Patrick Somers, 

President, Outfitter Trading Company LLC, 

7540 S. Grant Street, Littleton, Colorado 

80122. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: March 18, 2009. 

By: 

Renee K. Haslett, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between 

Outfitter Trading Company LLC 

(‘‘Outfitter’’) and the U.S. Consumer 

Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Outfitter, 

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 Outfitter shall 

pay a civil penalty in the amount of 

thirty-five thousand dollars 

($35,000.00). The civil penalty shall be 

paid in two (2) installments as follows: 

$20,000.00 shall be paid within twenty 

(20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement; and $15,000.00 shall be 

paid within one hundred and twenty 

(120) calendar days 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. Upon the failure 

of Outfitter to make any of the foregoing 

payments when due, the total amount of 

the civil penalty shall become 

immediately due and payable, and 

interest on the unpaid amount shall 

accrue and be paid by Outfitter 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 April, 2009. 

By Order Of The Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–8728 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0006] 

The TJX Companies, Inc., d/b/a T.J. 

Maxx, 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 The TJX 

Companies, Inc., d/b/a T.J. Maxx, 

containing a civil penalty of 

$315,000.00. 

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 May 1, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0006, 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: April 9, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

The TJX Companies, Inc., d/b/a T.J. 

Maxx (‘‘T.J. Maxx’’) 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. T.J. Maxx is a corporation 

organized and existing under the laws of 

Delaware, with its principal offices 

located in Framingham, Massachusetts. 

At all times relevant hereto, T.J. Maxx 

sold apparel. 

Staff Allegations 

4. From June 2007 to January 2008, 

T.J. Maxx held for sale and/or sold 

various quantities of the following 

children’s upper outerwear products 

with drawstrings at the hood or neck: 

Scope Imports boys’ hooded 

sweatshirts; Ms. Bubbles Passport girls’ 

blue denim jackets; GWB II LLC French 

Fries/Heartbreakers Club hooded 

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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17661 

henleys; Maran Squeeze Kids girls’ 

corduroy jackets; and Oved Apparel 

Corp. Company 81 sweatshirts. From 

July to September, 2008, T.J. Maxx held 

for sale and/or sold the following 

children’s upper outerwear products 

with drawstrings at the hood or neck: 

nZania/Element hoodies; Lost assorted 

hoodies; Ed Hardy sweatshirts; and Kids 

Headquarters Calvin Klein garments. 

The products identified in this 

paragraph are collectively referred to 

herein as ‘‘Sweatshirts.’’ These 

Sweatshirts identifications correspond 

to and are coextensive with information 

T.J. Maxx reported to the Staff about the 

Sweatshirts. 

5. T.J. Maxx sold Sweatshirts to 

consumers. 

6. The Sweatshirts are ‘‘consumer 

product[s],’’ and, at all times relevant 

hereto, T.J. Maxx was a ‘‘retailer’’ of 

those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

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

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

7. In February 1996, the Staff issued 

the Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(‘‘Guidelines’’) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, the Staff recommends that 

there be no hood and neck drawstrings 

in children’s upper outerwear sized 2T 

to 12. 

8. In June 1997, ASTM adopted a 

voluntary standard, ASTM F1816–97, 

that incorporated the Guidelines. The 

Guidelines state that firms should be 

aware of the hazards and should be sure 

garments they sell conform to the 

voluntary standard. 

9. On May 19, 2006, the Commission 

posted on its Web site a letter from the 

Commission’s Director of the Office of 

Compliance to manufacturers, 

importers, and retailers of children’s 

upper outerwear. The letter urges them 

to make certain that all children’s upper 

outerwear sold in the United States 

complies with ASTM F1816–97. The 

letter states that the Staff considers 

children’s upper outerwear with 

drawstrings at the hood or neck area to 

be defective and to present a substantial 

risk of injury to young children under 

Federal Hazardous Substances Act 

(‘‘FHSA’’) section 15(c), 15 U.S.C. 

1274(c). The letter also notes the CPSA’s 

section 15(b) reporting requirements. 

10. T.J. Maxx informed the 

Commission that there had been no 

incidents or injuries from the 

Sweatshirts. 

11. T.J. Maxx’s distribution in 

commerce of the Sweatshirts did not 

meet the Guidelines or ASTM F1816– 

97, failed to comport with the Staff’s 

May 2006 defect notice, and posed a 

strangulation hazard to children. 

12. Recalls have been announced 

regarding the Sweatshirts as warranted. 

13. T.J. Maxx had presumed an actual 

knowledge that the Sweatshirts 

distributed in commerce posed a 

strangulation hazard and presented a 

substantial risk of injury to children 

under FHSA section 15(c)(1), 15 U.S.C. 

1274(c)(1). T.J. Maxx had obtained 

information that reasonably supported 

the conclusion that the Sweatshirts 

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 T.J. Maxx to immediately 

inform the Commission of the defect 

and risk. 

14. T.J. Maxx knowingly failed to 

immediately inform the Commission 

about the Sweatshirts as required by 

CPSA sections 15(b)(3) and (4), 15 

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

term ‘‘knowingly’’ is defined in CPSA 

section 20(d), 15 U.S.C. 2069(d). This 

failure violated CPSA section 19(a)(4), 

15 U.S.C. 2068(a)(4). Pursuant to CPSA 

section 20, 15 U.S.C. 2069, this failure 

subjected T.J. Maxx to civil penalties. 

T.J. Maxx’s Response 

15. T.J. Maxx denies the Staff’s 

allegations set forth above, including, 

but not limited to, any allegation that 

T.J. Maxx failed timely to notify the 

Commission in accordance with section 

15 of the CPSA. 

16. T.J. Maxx requires that its vendors 

represent and warrant that all products 

sold to T.J. Maxx comply with all 

applicable regulations, standards and 

requirements. 

17. T.J. Maxx promptly notified the 

Commission pursuant to section 15 of 

the CPSA without first being contacted 

by the Commission upon verifying that 

certain garments contained drawstrings 

at the hood or neck. 

18. T.J. Maxx fully cooperated with 

the Commission in providing 

information necessary for the 

Commission to determine, with the 

vendor, whether a recall was warranted 

and whether the vendor had sold 

affected garments to any other retailers. 

19. T.J. Maxx has entered into the 

Agreement for settlement purposes only, 

to avoid incurring additional expenses 

and the distraction of litigation. The 

Agreement and Order do not constitute 

and are not evidence of any fault or 

wrongdoing by T.J. Maxx. 

Agreement of the Parties 

20. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over T.J. Maxx. 

21. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by T.J. Maxx, or a 

determination by the Commission, that 

T.J. Maxx knowingly violated the CPSA. 

22. In settlement of the Staff’s 

allegations, T.J. Maxx shall pay a civil 

penalty in the amount of three hundred 

fifteen thousand dollars ($315,000.00) 

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. 

23. 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. 

24. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, T.J. Maxx 

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 T.J. Maxx 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 the 

Order. 

26. The Agreement and the Order 

shall apply to, and be binding upon, T.J. 

Maxx 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 T.J. 

Maxx 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 the 

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17662 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

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. 

29. 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 T.J. Maxx 

agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

The TJX Companies, Inc., d/b/a T.J. Maxx. 

Dated: March 2, 2009. 

By: 

Ann McCauley, 

Exec. Vice President, General Counsel, and 

Secretary. The TJX Companies, Inc., d/b/a 

T.J. Maxx, 770 Cochituate Road, 

Framingham, MA 01701. 

Dated: March 3, 2009. 

By: 

Eric A. Rubel, Esq., 

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

Washington, DC 20004–1206. Counsel for 

The TJX Companies, Inc., d/b/a T.J. Maxx. 

U.S. Consumer Product Safety Commission 

Staff. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Division of 

Compliance, Office of the General Counsel. 

Dated: March 6, 2009. 

By: 

Seth B. Popkin, 

Lead Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between The 

TJX Companies, Inc., d/b/a T.J. Maxx 

(‘‘T.J. Maxx’’) and the U.S. Consumer 

Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over T.J. Maxx, 

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 T.J. Maxx shall 

pay a civil penalty in the amount of 

three hundred fifteen thousand dollars 

($315,000.00) 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 T.J. Maxx to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by T.J. Maxx 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 April, 2009. 

By Order of the Commission. 

Todd A. Stevenson, 

Secretary, U.S. Consumer Product Safety 

Commission. 

[FR Doc. E9–8726 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0007] 

Concord Buying Group, Inc., d/b/a A.J. 

Wright, 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 Concord 

Buying Group, Inc., d/b/a A.J. Wright, 

containing a civil penalty of $70,000.00. 

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 May 1, 

2009. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 09–C0007, 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: April 9, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Concord Buying Group, Inc., d/b/a A.J. 

Wright (‘‘A.J. Wright’’) 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. A.J. Wright is a corporation 

organized and existing under the laws of 

New Hampshire, with its principal 

offices located in Framingham, 

Massachusetts. At all times relevant 

hereto, A.J. Wright sold apparel. 

Staff Allegations 

4. From August to November, 2007, 

A.J. Wright held for sale and/or sold 

various quantities of the following 

children’s upper outerwear products 

with drawstrings at the hood or neck: 

Scope Imports boys’ hooded 

sweatshirts; Raw Blue sweatshirts; and 

Kidz World Inc. High Energy USA boys’ 

sweatshirts (collectively referred to 

herein as ‘‘Sweatshirts’’). These 

Sweatshirts’ identifications correspond 

to and are coextensive with information 

A.J. Wright reported to the Staff about 

the Sweatshirts. 

5. A.J. Wright sold Sweatshirts to 

consumers. 

6. The Sweatshirts are ‘‘consumer 

product[s],’’ and, at all times relevant 

hereto, A.J. Wright was a ‘‘retailer’’ of 

those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

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

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

7. In February 1996, the Staff issued 

the Guidelines for Drawstrings on 

Children’s Upper Outerwear 

(‘‘Guidelines’’) to help prevent children 

from strangling or entangling on neck 

and waist drawstrings. The Guidelines 

state that drawstrings can cause, and 

have caused, injuries and deaths when 

they catch on items such as playground 

equipment, bus doors, or cribs. In the 

Guidelines, the Staff recommends that 

there be no hood and neck drawstrings 

in children’s upper outerwear sized 2T 

to 12. 

mstockstill on PROD1PC66 with NOTICES