Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17653 

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 Bon-Ton to civil 

penalties. 

Bon-Ton Response 

15. Bon-Ton denies the Staff’s 

allegations that Bon-Ton violated the 

CPSA or the FHSA including, but not 

limited to the allegations that Bon-Ton 

failed to immediately inform the 

Commission about the Drawstring 

Sweatshirts as required by section 15(b) 

of the CPSA, supra. 

16. Bon-Ton contends that within 24 

hours of learning of the presence of 

Drawstring Sweatshirts in its stores, 

Bon-Ton had the Drawstring Sweatshirts 

removed and took steps to prevent the 

further sales of Drawstring Sweatshirts. 

17. Bon-Ton asserts that within 24 

hours of learning of the presence of 

Drawstring Sweatshirts in its stores, 

Bon-Ton filed a section 15(b) report to 

the Commission. 

18. In cooperation with the 

Commission, Bon-Ton announced the 

recall of Drawstring Sweatshirts. As part 

of the recall, Bon-Ton posted recall 

notices in its stores, provided a toll-free 

telephone line for consumers and 

posted information regarding the recall 

on its website. 

Agreement of the Parties 

19. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Bon-Ton. 

20. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Bon-Ton, or a 

determination by the Commission, that 

Bon-Ton has knowingly violated the 

CPSA. 

21. In settlement of the Staff’s 

allegations, Bon-Ton shall pay a civil 

penalty in the amount of fifty-thousand 

dollars ($50,000.00) within forty-five 

(45) days of receipt of the Commission’s 

final Order accepting the Agreement. 

The payment shall be by check payable 

to the order of the United States 

Treasury. 

22. 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. 

23. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, Bon-Ton 

knowingly, voluntarily, and completely 

waives any rights it may have regarding 

the Staff’s allegations 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 Bon-Ton 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. 

24. Upon issuance of, and Bon-Ton’s 

compliance with the final Order, the 

Commission regards this matter as 

resolved and agrees not to bring a civil 

penalty action against Bon-Ton based 

upon the Staff’s allegations set forth in 

paragraphs 4–14 above regarding the 

Drawstring Sweatshirts. 

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, 

Bon-Ton 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 

named in paragraph 26 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 

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 Bon-Ton 

agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

THE BON-TON STORES, INC. 

Dated: January 6, 2009. 

By: 

Mark H. Pettigrew, Esquire, 

Associate General Counsel, The Bon-Ton 

Stores, Inc., 2801 East Market Street, York, 

PA 17402. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: January 6, 2009. 

By: 

Dennis C. Kacoyanis, 

Trial Attorney, Division of Compliance Office 

of the General Counsel 

Order 

Upon consideration of the Settlement 

Agreement entered into between The 

Bon-Ton Stores, Inc. (‘‘Bon-Ton’’) and 

the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over BonTon, 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 Bon-Ton shall 

pay a civil penalty in the amount of 

fifty-thousand dollars ($50,000.00) 

within forty-five (45) days of receipt 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 Bon-Ton to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Bon-Ton 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. E9–8710 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0017] 

Brents-Riordan Co., LLC, Provisional 

Acceptance of a Settlement Agreement 

and Order 

AGENCY: Consumer Product Safety 

Commission 

ACTION: Notice. 

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17654 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

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 BrentsRiordan Co., LLC, containing a civil 

penalty of $30,000.00. 

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–C0017, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814– 

4408. 

FOR FURTHER INFORMATION CONTACT: 

Dennis C. Kacoyanis, Trial Attorney, 

Division of Compliance, Office of the 

General Counsel, Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814– 

4408; telephone (301) 504–7587. 

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, 

Brents-Riordan Co., LLC (‘‘BrentsRiordan’’) 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. Brents-Riordan is a corporation 

organized and existing under the laws of 

the State of Louisiana, with its principal 

offices located in Shreveport, LA. 

Brents-Riordan is an importer of 

apparel. 

Staff Allegations 

4. Brents-Riordan imported about 

7,400 hooded youth sweatshirts and 

jackets with drawstrings (‘‘Drawstring 

Jackets and Sweatshirts’’). From March 

2007 to December 2007, Brents-Riordan 

sold the Drawstring Jackets and 

Sweaters to various retailers who inturn sold them to consumers. 

5. The Drawstring Jackets and 

Sweatshirts are ‘‘consumer product[s],’’ 

and, at all times relevant hereto, BrentsRiordan 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). 

6. 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. 

7. 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. 

8. 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. 

9. Brents-Riordan reported to the 

Commission there had been no 

incidents or injuries involving 

Drawstring Jackets and Sweatshirts. 

10. Brents-Riordan’s manufacture and 

distribution in commerce of the 

Drawstring Jackets and 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. 

11. On April 2, 2008, the Commission 

and Brents-Riordan announced a recall 

of the Drawstring Jackets and 

Sweatshirts. The recall informed 

consumers that they should 

immediately remove the drawstrings to 

eliminate the hazard. 

12. Brents-Riordan had presumed and 

actual knowledge that the Drawstring 

Jackets and 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). BrentsRiordan had obtained information that 

reasonably supported the conclusion 

that the Drawstring Jackets and 

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 

Brents-Riordan to immediately inform 

the Commission of the defect and risk. 

13. Brents-Riordan knowingly failed 

to immediately inform the Commission 

about the Drawstring Jackets and 

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 Brents-Riordan to civil 

penalties. 

Brents-Riordan Response 

14. Brents-Riordan denies the Staff’s 

allegations that Brents-Riordan violated 

the CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Brents-Riordan. 

16. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Brents-Riordan, or a 

determination by the Commission, that 

Brents-Riordan has knowingly violated 

the CPSA. 

17. In settlement of the Staff’s 

allegations, Brents-Riordan shall pay a 

civil penalty in the amount of thirty-five 

thousand dollars ($35,000.00) 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. 

18. 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 

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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17655 

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. 

19. Upon the Commission’s final 

acceptance of the Agreement and 

issuance of the final Order, BrentsRiordan knowingly, voluntarily, and 

completely waives any rights it may 

have regarding the Staff’s allegations 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 Brents-Riordan 

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. 

20. The Commission may publicize 

the terms of the Agreement and the 

Order. 

21. The Agreement and the Order 

shall apply to, and be binding upon, 

Brents-Riordan and each of its 

successors and assigns. 

22. The Commission issues the Order 

under the provisions of the CPSA, and 

violation of the Order may subject those 

referenced in paragraph 21 to 

appropriate legal action. 

23. 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. 

24. 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 BrentsRiordan agree that severing the 

provision materially affects the purpose 

of the Agreement and the Order. 

BRENTS–RIORDAN CO., LLC. 

Dated: January 19, 2009. 

By: 

Michael Riordan, 

Managing Member, Brents-Riordan Co., LLC, 

9151 Youree Drive, Shreveport, LA 71115. 

Dated: January 19, 2009. 

By: 

Michael E. Powell, III, Esquire, 

Counsel for Respondent Brents-Riordan, LLC, 

6425 Youree Drive, Suite 440, Shreveport, LA 

71105. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: January 28, 2009. 

By: 

Dennis C. Kacoyanis, 

Trial Attorney, Division of Compliance, 

Office of the General Counsel. 

Order 

Upon consideration of the Settlement 

Agreement entered into between BrentsRiordan Co., LLC (‘‘Brents-Riordan’’) 

and the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over BrentsRiordan, 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 Brents-Riordan 

shall pay a civil penalty in the amount 

of thirty-five thousand dollars 

($35,000.00) 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. Upon the failure of 

Brents-Riordan to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Brents-Riordan 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. E9–8708 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0005] 

Bob’s Stores Corp., 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 Bob’s Stores 

Corp., containing a civil penalty of 

$55,000.00. 

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–C0005, 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. 

April 9, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Bob’s Stores Corp. (‘‘Bob’s’’) 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. Bob’s is a corporation organized 

and existing under the laws of New 

Hampshire, with its principal offices 

located in Meriden, Connecticut. At all 

times relevant hereto, Bob’s sold 

apparel. 

Staff Allegations 

4. From August to December, 2007, 

Bob’s held for sale and/or sold various 

quantities of the following children’s 

upper outerwear products with 

drawstrings at the hood or neck: Scope 

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