17650 Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 

issuance of the final Order, Marshalls 

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 Marshalls 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, 

Marshalls 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 

Marshalls 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 Marshalls 

agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

Marshalls of MA, Inc. 

Dated: March 2, 2009. 

By: 

Ann McCauley, 

Secretary, Marshalls of MA, Inc., 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 Marshalls of MA, Inc. 

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 

Marshalls of MA, Inc. (‘‘Marshalls’’) and 

the U.S. Consumer Product Safety 

Commission (‘‘Commission’’) staff, and 

the Commission having jurisdiction 

over the subject matter and over 

Marshalls, 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 Marshalls shall 

pay a civil penalty in the amount of two 

hundred thirty-five thousand dollars 

($235,000.00) 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 Marshalls to make the foregoing 

payment when due, interest on the 

unpaid amount shall accrue and be paid 

by Marshalls 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. E9–8712 Filed 4–15–09; 8:45 am] 

BILLING CODE 6355–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 09–C0015] 

Forman Mills, 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 Forman 

Mills, 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 the 

Comment 09–C0015, 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. 

April 9, 2009. 

Todd A. Stevenson, 

Secretary. 

Settlement Agreement 

1. In accordance with 16 CFR 1118.20, 

Forman Mills, Inc. (‘‘Forman Mills’’) 

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. Forman Mills is a corporation 

organized and existing under the laws of 

the State of Pennsylvania, with its 

principal offices located in Pennsauken, 

NJ. Forman Mills is a clothing retailer. 

Staff Allegations 

4. On or about August 30, 2007, 

Forman Mills purchased from a U.S. 

importer approximately 2,292 boy’s 

hooded sweatshirts with drawstrings 

(‘‘Drawstring Sweatshirts’’). 

5. Forman Mills sold the Drawstring 

Sweatshirts to consumers. 

6. The Drawstring Sweatshirts are 

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

relevant hereto, Forman Mills was a 

‘‘retailer’’ of those consumer products, 

which were ‘‘distributed in commerce,’’ 

as those terms are defined in CPSA 

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Federal Register / Vol. 74, No. 72 / Thursday, April 16, 2009 / Notices 17651 

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. Forman Mills reported to the 

Commission there had been no 

incidents or injuries involving the 

Drawstring Sweatshirts. 

11. Forman Mills’ 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 December 6, 2007, the 

Commission and the importer of the 

Drawstring Sweatshirts announced a 

recall of the garments. The recall 

informed consumers that they should 

immediately remove the drawstrings to 

eliminate the hazard. 

13. Forman Mills 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). Forman Mills 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 

Forman Mills to immediately inform the 

Commission of the defect and risk. 

14. Forman Mills knowingly failed to 

immediately inform the Commission 

about the Drawstring 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 Forman Mills to civil 

penalties. 

Forman Mills Response 

15. Forman Mills denies the Staff’s 

allegations that Forman Mills violated 

the CPSA. 

Agreement of the Parties 

16. Under the CPSA, the Commission 

has jurisdiction over this matter and 

over Forman Mills. 

17. The parties enter into the 

Agreement for settlement purposes only. 

The Agreement does not constitute an 

admission by Forman Mills, or a 

determination by the Commission, that 

Forman Mills has knowingly violated 

the CPSA. 

18. In settlement of the Staff’s 

allegations, 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 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, Forman 

Mills 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 Forman Mills 

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, 

Forman Mills 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 

Forman Mills 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 Forman 

Mills agree that severing the provision 

materially affects the purpose of the 

Agreement and the Order. 

FORMAN MILLS, INC. 

Dated: December 30, 2008. 

By: 

Richard P. Forman, 

President Forman Mills, Inc. 1070 Thomas 

Busch Memorial Highway Pennsauken, NJ 

08110. 

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 

Forman Mills, Inc. (‘‘Forman Mills’’) 

and the U.S. Consumer Product Safety 

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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 

mstockstill on PROD1PC66 with NOTICES