17652 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over Forman 

Mills, 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 Forman Mills 

shall pay a civil penalty in the amount 

of thirty-five thousand dollars 

($35,000.00) within forty-five (45) 

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 Forman Mills to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Forman Mills 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. E9–8711 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0016] 

The Bon-Ton Stores, 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 The BonTon Stores, Inc., containing a civil 

penalty of $50,000.00. 

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–C0016, 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, 

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

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. Bon-Ton is a corporation organized 

and existing under the laws of the State 

of Pennsylvania, with its principal 

offices located in York, PA. Bon-Ton is 

a retailer selling a wide selection of 

apparel, shoes, jewelry, fragrances, and 

accessories. 

Staff Allegations 

4. On or about August 30, 2007, BonTon purchased from a U.S. importer 

approximately 12, 200 boys’ hooded 

sweatshirts with drawstrings 

(‘‘Drawstring Sweatshirts’’). 

5. From August 2007 through 

November 2007, Bon-Ton sold and/or 

offered for sale the Drawstring 

Sweatshirts to consumers. 

6. The Drawstring Sweatshirts are 

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

relevant hereto, Bon-Ton 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. Bon-Ton reported to the 

Commission there had been no 

incidents or injuries involving the 

Drawstring Sweatshirts. 

11. Bon-Ton’s distribution in 

commerce of the Drawstring 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. On November 27, 2007, the 

Commission and Bon-Ton announced a 

recall of the Drawstring Sweatshirts. 

The recall informed consumers that they 

should immediately remove the 

drawstrings to eliminate the hazard. 

13. Bon-Ton had presumed and actual 

knowledge that the Drawstring 

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). Bon-Ton had 

obtained information that reasonably 

supported the conclusion that the 

Drawstring 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 

Bon-Ton to immediately inform the 

Commission of the defect and risk. 

14. Bon-Ton knowingly failed to 

immediately inform the Commission 

about the Drawstring Sweatshirts as 

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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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