17658 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

10. Retco informed the Commission 

that there had been no incidents or 

injuries from the Garments. 

11. Retco’s distribution in commerce 

of the Garments 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. On August 28, 2008, the 

Commission, in cooperation with the 

importer of the Garments, announced a 

recall of the Garments. 

13. Retco had presumed an actual 

knowledge that the Garments 

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). Retco had obtained 

information that reasonably supported 

the conclusion that the Garments 

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 Retco to immediately inform 

the Commission of the defect and risk. 

14. Retco knowingly failed to 

immediately inform the Commission 

about the Garments 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 Retco to civil penalties. 

Retco’s Responsive Allegation 

15. Retco denies the Staff’s allegations 

above that Retco knowingly violated the 

CPSA. 

Agreement of the Parties 

16. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Retco. 

17. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Retco, or a determination 

by the Commission, that Retco 

knowingly violated the CPSA. 

18. In settlement of the Staff’s 

allegations, Retco shall pay a civil 

penalty in the amount of forty-five 

thousand dollars ($45,000.00) 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. 

19. 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. 

20. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Retco 

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 Retco 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, 

Retco 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 Retco 

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 Retco agree 

that severing the provision materially 

affects the purpose of the Agreement 

and the Order. 

Retco, Inc. 

Dated: March 11, 2009. 

By: 

Patrick Somers, 

President, Retco, Inc., 7540 S. Grant Street, 

Littleton, CO 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 Retco, 

Inc. (‘‘Retco’’) and the U.S. Consumer 

Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Retco, 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 Retco 

shall pay a civil penalty in the amount 

of forty-five thousand dollars 

($45,000.00) 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 Retco to make the foregoing payment 

when due, interest on the unpaid 

amount shall accrue and be paid by 

Retco 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. E9–8729 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0009] 

Outfitter Trading Company 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 

mstockstill on PROD1PC66 with NOTICES

Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17659 

Settlement Agreement with Outfitter 

Trading Company LLC, containing a 

civil penalty of $35,000.00. 

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–C0009, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Renee K. Haslett, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7673. 

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, 

Outfitter Trading Company LLC 

(‘‘Outfitter’’) 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. Outfitter is a corporation organized 

and existing under the laws of Colorado 

with its principal offices located in 

Littleton, Colorado. At all times relevant 

hereto, Outfitter sold apparel. 

Staff Allegations 

4. From at least September 2005 to 

May 2008, Outfitter distributed in 

commerce children’s hooded 

sweatshirts and jackets with drawstrings 

at the hood or neck, which were later 

recalled on August 28, 2008 

(‘‘Garments’’). 

5. A retailer sold the Garments to 

consumers. 

6. The Garments are ‘‘consumer 

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

hereto, Outfitter was a ‘‘distributor’’ of 

those consumer products, which were 

‘‘distributed in commerce,’’ as those 

terms are defined in CPSA sections 

3(a)(5), (7), and (8), 15 U.S.C. 2052(a)(5), 

(7), and (8). 

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. Outfitter informed the 

Commission that there had been no 

incidents or injuries from the Garments. 

11. Outfitter’s distribution in 

commerce of the Garments 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. On August 28, 2008, the 

Commission, in cooperation with the 

importer of the Garments, announced a 

recall of the Garments. 

13. Outfitter had presumed an actual 

knowledge that the Garments 

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). Outfitter had obtained 

information that reasonably supported 

the conclusion that the Garments 

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 Outfitter to immediately 

inform the Commission of the defect 

and risk. 

14. Outfitter knowingly failed to 

immediately inform the Commission 

about the Garments 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 Outfitter to civil penalties. 

Outfitter’s Responsive Allegation 

15. Outfitter denies the Staff’s 

allegations above that Outfitter 

knowingly violated the CPSA. 

Agreement of the Parties 

16. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Outfitter. 

17. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Outfitter, or a 

determination by the Commission, that 

Outfitter knowingly violated the CPSA. 

18. In settlement of the Staff’s 

allegations, 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. 

19. 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. 

20. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Outfitter 

knowingly, voluntarily, and completely 

waives any rights it may have in this 

matter to the following: (1) An 

mstockstill on PROD1PC66 with NOTICES

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 

mstockstill on PROD1PC66 with NOTICES