Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17643 

issuance of the final Order, Coolibar 

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 Coolibar 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, 

Coolibar 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 Coolibar 

agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

COOLIBAR, INC., 

Dated: January 19, 2009. 

By: 

John Barrow, 

President, Coolibar, Inc., 2401 Edgewood 

Avenue S., St. Louis Park, MN 55426. 

Dated: January 21, 2009. 

By: 

Mark R. Kaster, Esquire, 

Counsel for Respondent Coolibar, Inc., 

Dorsey & Whitney, LLP, 50 South Sixth 

Street, Suite 1500, Minneapolis, MN 20814. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel, Office of the 

General Counsel. 

Dated: January 27, 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 

Coolibar, Inc., d/b/a High Energy USA 

(‘‘Coolibar’’) and the U.S. Consumer 

Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Coolibar, 

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, Coolibar shall pay a 

civil penalty in the amount of twentyfive thousand dollars ($25,000.00) in 

three (3) installments as follows: The 

first installment payment of $8,334.00 

shall be paid within twenty (20) 

calendar days of service of the 

Commission’s final Order accepting the 

Agreement; the second installment 

payment of $8,333.00 shall be paid 

within one (1) year of service of the 

Commission’s final Order accepting the 

Agreement; and the third installment of 

$8,333.00 shall be paid within two (2) 

years of service of the Commission’s 

final Order accepting the Agreement. 

Each installment payment shall be by 

check payable to the order of the United 

States Treasury. Upon the failure of 

Coolibar to make any of the foregoing 

payments when due, the entire amount 

of the civil penalty shall become due 

and payable and interest on the unpaid 

amount shall accrue and be paid by 

Coolibar 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. E9–8689 Filed 04–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0011] 

Seventy Two, 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 Seventy 

Two, Inc., containing a civil penalty of 

$25,000.00. 

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–C0011, 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, 

Seventy Two, Inc. (‘‘Seventy Two’’) 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’’). 

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17644 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

3. Seventy Two is a corporation 

organized and existing under the laws of 

the State of California, with its principal 

offices located in La Puente, CA. 

Seventy Two is an importer of apparel. 

Staff Allegations 

4. From November 2007 to December 

2007, Seventy Two imported and 

distributed about 1,734 hooded sweaters 

with drawstrings (‘‘Drawstring 

Sweaters’’) to a nationwide retailer for 

sale to consumers. 

5. The Drawstring Sweaters are 

‘‘consumer product[s],’’ and, at all times 

relevant hereto, Seventy Two 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 website 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. Seventy Two reported to the 

Commission there had been no 

incidents or injuries involving 

Drawstring Sweaters. 

10. Seventy Two’s importation and 

distribution in commerce of the 

Drawstring Sweaters 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 February 6, 2008, the 

Commission and Seventy Two 

announced a recall of the Drawstring 

Sweaters. The recall informed 

consumers that they should 

immediately remove the drawstrings to 

eliminate the hazard. 

12. Seventy Two had presumed and 

actual knowledge that the Drawstring 

Sweaters 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). Seventy Two had obtained 

information that reasonably supported 

the conclusion that the Drawstring 

Sweaters 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 Seventy Two to 

immediately inform the Commission of 

the defect and risk. 

13. Seventy Two knowingly failed to 

immediately inform the Commission 

about the Drawstring Sweaters 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 Seventy Two to civil 

penalties. 

Seventy Two’s Responsive Allegations 

14. Seventy Two denies the Staff’s 

allegations that it violated the CPSA. 

Agreement of the Parties 

15. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Seventy Two. 

16. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Seventy Two, or a 

determination by the Commission, that 

Seventy Two has knowingly violated 

the CPSA. 

17. In settlement of the Staff’s 

allegations, Seventy Two shall pay a 

civil penalty in the amount of twentyfive thousand dollars ($25,000.00) in 

three (3) installments as follows: The 

first installment payment of $8,334.00 

shall be paid within twenty (20) 

calendar days of service of the 

Commission’s final Order accepting the 

Agreement; the second installment 

payment of $8,333.00 shall be paid 

within one (1) year of service of the 

Commission’s final Order accepting the 

Agreement; and the third installment of 

$8,333.00 shall be paid within two (2) 

years of service of the Commission’s 

final Order accepting the Agreement. 

Each installment payment shall be made 

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 

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, Seventy 

Two 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 Seventy Two 

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, 

Seventy Two 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 above 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, 

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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17645 

unless the Commission and Seventy 

Two agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

SEVENTY TWO, INC. 

Dated: March 3, 2009 

By: 

Chiu Fai Yeung, 

Chief Executive Officer Seventy Two, Inc. 227 

S. Sixth Avenue La Puente, CA 91746. 

U.S. CONSUMER PRODUCT SAFETY 

COMMISSION. 

Cheryl A. Falvey, 

General Counsel. 

Ronald G. Yelenik, 

Assistant General Counsel Office of the 

General Counsel. 

Dated: March 3, 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 

Seventy Two, Inc., and the U.S. 

Consumer Product Safety Commission 

(‘‘Commission’’) staff, and the 

Commission having jurisdiction over 

the subject matter and over Seventy 

Two, 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, Seventy Two shall 

pay a civil penalty in the amount of 

twenty-five thousand dollars 

($25,000.00) in three (3) installments as 

follows: The first installment payment 

of $8,334.00 shall be paid within twenty 

(20) calendar days of service of the 

Commission’s final Order accepting the 

Agreement; the second installment 

payment of $8,333.00 shall be paid 

within one (1) year of service of the 

Commission’s final Order accepting the 

Agreement; and the third installment of 

$8,333.00 shall be paid within two (2) 

years of service of the Commission’s 

final Order accepting the Agreement. 

Each installment payment shall be made 

by check payable to the order of the 

United States Treasury. Upon the failure 

of Seventy Two 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 Seventy Two 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. E9–8705 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0012] 

Urgent Gear, 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 Urgent Gear, 

Inc., 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 

Comment 09–C0012, 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, 

Urgent Gear, Inc. (‘‘Urgent Gear’’) 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. Urgent Gear is a corporation 

organized and existing under the laws of 

the State of California, with its principal 

offices located in Los Angeles, CA. At 

all times relevant hereto, Urgent Gear 

imported and sold apparel. 

Staff Allegations 

4. Urgent Gear imported about 700 

Micros boy’s hooded jackets drawstrings 

(‘‘Drawstring Jackets’’). 

5. From October through December 

2007, Urgent Gear sold the Drawstring 

Jackets to a nationwide retailer. 

6. The Drawstring Jackets are 

‘‘consumer product[s],’’ and, at all times 

relevant hereto, Urgent Gear 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). 

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. 

mstockstill on PROD1PC66 with NOTICES