Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices 11565

currently due no later than March 2,

2001.

Extension of Time Limits for

Preliminary Results

Due to the number of companies and

complexity of the issues, it is not

practicable to complete this review

within the originally anticipated time

limit (i.e., March 2, 2001). See

Memorandum from Team to Richard W.

Moreland, ‘‘Extension of Time Limit for

Preliminary Results,’’ dated, February

20, 2001. Therefore, the Department of

Commerce is extending the time limit

for completion of the preliminary

results to not later than June 29, 2001,

in accordance with section 751(a)(3)(A)

of the Act.

We are issuing and publishing this

notice in accordance with sections

751(a)(1) and 777(i)(1) of the Act.

Dated: February 20, 2001.

Richard W. Moreland,

Deputy Assistant Secretary for AD/CVD

Enforcement.

[FR Doc. 01–4660 Filed 2–23–01; 8:45 am]

BILLING CODE 3510–DS–P

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 01–C0005]

The West Bend Company, a Subsidiary

of Illinois Tool Works, 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. Published

below is a provisionally-accepted

Settlement Agreement with The West

Bend Company, A Subsidiary of Illinois

Tool Works, Inc., containing a civil

penalty of $225,000.

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 March 13,

2001.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 01–C0005, Office of the

Secretary, Consumer Product Safety

Commission, Washington, D.C. 20207.

FOR FURTHER INFORMATION CONTACT:

Jimmie L. Williams, Trial Attorney,

Office of Compliance and Enforcement,

Consumer Product Safety Commission,

Washington, D.C. 20207; telephone

(301) 504–0626, 1376.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: February 20, 2001.

Sadye E. Dunn,

Secretary.

Settlement Agreement and Order

1. The West Bend Company (‘‘West

Bend’’), a Subsidiary of Illinois Tool

Works, Inc. enters into this Settlement

Agreement and Order with the staff

(‘‘the staff’’) of the U.S. Consumer

Product Safety Commission (‘‘the

Commission’’) in accordance with 16

CFR Part 1118, section 20 of the

Commission’s Procedures for

Investigations, Inspections, and

Inquiries under the Consumer Product

Safety Act (‘‘CPSA’’).

I. The Parties

2. The Commission is an independent

federal regulatory agency responsible for

the enforcement of the Consumer

Product Safety Act, 15 U.S.C. 2051–

2084.

3. West Bend is a subsidiary of Illinois

Tool Works, a corporation organized

and existing under the laws of the State

of Delaware. West Bend’s principal

offices are located at 400 Washington

Street, West Bend, Wisconsin 53095.

II. Staff Allegations

4. Between May, 1997 and December,

1998, West Bend manufactured and sold

approximately 16,004 120 volt model

10120 water distillers. These units were

manufactured for sale to several

companies, who sold the product under

their private labels, and to distributors

both inside and outside of the United

States. These water distillers were then

sold to consumers throughout the U.S.

for use in or around households or

residences. Therefore, West Bend is a

‘‘manufacturer’’ of a ‘‘consumer

product’’ ‘‘distributed in commerce’’

pursuant to 15 U.S.C. 2052(a)(1), (4) and

(11).

5. The water distiller consists of three

pieces: a main housing, a boiling

chamber and a depository tank. The

boiling chamber is filled with water,

and the consumer pushes a button to

turn the product on. The main housing

then heats up the water, and directs the

residual steam through condensing

coils. A motor, which sits on top of the

distiller, activates and operates a

cooling fan that blows over the

condensing coils. The water then

condenses and drips into the depository

tank. The total time for distilling one

gallon of water is four hours.

6. A defect within the water distiller’s

motor made the unit susceptible to

voltage surges. When subjected to these

surges, the motor produced electrical

arcs and would catch on fire. The

resultant motor fire would destroy the

water distiller, and presented a fire

hazard to the consumer.

7. In November, 1998, West Bend

learned from its regional distributor that

two (2) of its water distillers failed in

Taiwan. The consumers reported

hearing explosive and popping sounds,

and observed flames and smoke coming

out of the top of the product. The fires

then spread to surrounding

combustibles, and damaged the

consumers’ homes. The regional

distributor informed West Bend that he

suspected that the motor burned and

was the source of the fires.

8. In December, 1998, West Bend

contracted with an outside consultant to

help it determine the cause of their

failures, and received the failed Taiwan

unit in Wisconsin. In the interim, West

Bend elected to place a fuse in line with

the motor circuit, and made the housing

material more flame retardant. Upon its

initial examination of the failed Taiwan

units, West Bend preliminarily opined

that voltage surges were causing the

product’s motor to fail.

9. In January, 1999, West Bend

learned of a third water distiller failure

in Taiwan in which the unit was

reported to have melted. The following

day West Bend’s General Counsel sent

a letter to the Hong Kong counsel of the

motor manufacturer, and notified him of

West Bend’s intent to seek

indemnification for the above incidents.

10. On February 1, 1999, the West

Bend consultant arranged for the first

tests to be conducted on sample water

distiller motors. These voltage surge

tests were run on February 11, 1999,

and reproduced the failure scenario. On

February 22, 1999, West Bend’s

consultant inquired about the ‘‘need to

determine whether a recall is required.’’

IN April, 1999, West Bend elected to

recall the water distillers sold in

Taiwan. On April 30, 1999, West Bend’s

consultant reported that the motors

were susceptible to voltage surges, and

could fail in castastrophic fashion.

Between April, 1999 and August, 1999,

six (6) similar water distiller failures

occurred in the United States. Again,

the fires spead outside of the product,

and damaged the consumers’ homes.

The above information reasonably

supported the conclusion that the

product contained a defect that could

create a substantial product hazard.

11566 Federal Register / Vol. 66, No. 38 / Monday, February 26, 2001 / Notices

11. On August 20, 1999, West Bend

notified the Commission about the

water distillers.

12. West Bend failed to report to the

Commission in a timely manner as

required by Section 15(b) of the CPSA,

15 U.S.C. 2064(b). A failure to furnish

information under section 15(b) of the

CPSA is a prohibited act under 15

U.S.C. 2067(a)(4). West Bend

‘‘knowingly’’ failed to report, as that

term is defined in 15 U.S.C. 2069(d),

and is subject to a civil penalty,

pursuant to 15 U.S.C. 2069(a)(1).

III. Response of West Bend

13. West Bend denies all of the

allegations of the staff and in particular

denies that it violated the reporting

requirements of Section 15(b) of the

CPSA, 15 U.S.C. 2064(b) or 16 CFR Part

1115. West Bend believes that it has

demonstrated to the Commission that it

investigated and dealt with product

failures promptly and responsibly and

that it reasonably relied on expert

consultant advice that the product

failures were due to conditions highly

unlikely to occur in the United States.

In settling this matter, West Bend does

not admit any fault, liability or statutory

or regulatory violation.

14. West Bend contends that the

motor manufacturer improperly

assembled some of the cooling motors,

making the unit susceptible to voltage

surges and causing the motors to fail

unsafely. These surges and failures

could cause the motor and housing to

ignite, presenting a fire hazard to the

consumer. West Bend and the motor

manufacturer are currently in litigation.

See The West Bend Company v.

Chiaphua Components Ltd., Case No.

00–C–0617, Eastern District of

Wisconsin.

IV. Agreement of the Parties

15. The Commission has jurisdiction

over this matter under the Consumer

Product Safety Act (CPSA), 15 U.S.C.

2051 et seq.

16. West Bend knowingly, voluntarily

and completely waivers any rights it

may have to:

a. The issuance of a compliant in this

matter.

b. an administrative or judicial

hearing with respect to the staff

allegations discussed in paragraphs 4

through 12 above;

c. judicial review or other challenge

or contest of the validity of the

Commission’s Order;

d. a determination by the Commission

as to whether a violation of section 15(b)

of the CPSA, 15 U.S.C. 2064(b) has

occurred;

e. a statement to findings of fact and

conclusion of law with regard to the

staff allegations; and

f. to any claims under The Equal

Access to Justice Act.

17. Upon provisional acceptance of

this Settlement Agreement and order by

the Commission, this Settlement

Agreement and Order shall be placed on

the public records and shall be

published in the Federal Register in

accordance with 16 CFR 1118.20.

18. The Settlement Agreement and

Order becomes effective upon final

acceptance by the Commission and

service of the Final Order upon West

Bend.

19. Upon final acceptance of this

Settlement Agreement by the

Commission, West Bend agrees to pay to

the United States Treasury a civil

penalty in the amount of Two Hundreds

and Twenty Five Thousands Dollars

($225,000.00) within ten calendar days

after receipt of service of the Final

Order, in settlement of the allegations in

paragraphs four through twelve above.

20. West Bend agrees to entry of the

attached Order, which is incorporated

herein by reference, and to be bound by

its terms.

21. This Settlement Agreement and

Order are entered into for settlement

purposes only and shall not constitute

a determination or admission of any

fault, liability or statutory or regulatory

violation.

22. The Commission’s Order in this

matter is issued under the provisions of

the CPSA, 15 U.S.C. 2051, et seq., and

16 CFR 1118.20, and a violation of this

Order may subject West Bend to

appropriate legal action.

23. This Settlement Agreement and

Order is binding upon and shall inure

to the benefit of West Bend, its agents,

representatives and employees, and

West Bend’s corporate parents, assigns

or successors.

24. Agreements, understanding,

representations, or interpretations made

outside of this Settlement Agreement

and Order may not be used to vary or

to contradict its terms.

25. For the purposes of section 6(b) of

the CPSA, 15 U.S.C. 2055(b), this matter

shall be treated as if a complaint had

been issued, and the Commission may

publicize the terms of the Settlement

Agreement and Order.

Dated: January 22, 2001.

The West Bend Company.

Neil Halvorson, Esq.,

General Counsel.

Dated: January 24, 2001.

U.S. Consumer Product Safety Commission.

Alan H. Schoem,

Assistant Executive Director, Office of the

Compliance.

Eric L. Stone,

Director, Legal Division, Office of

Compliance.

Jimmie L. Williams, Jr.,

Trial Attorney, Legal Division, Office of

Compliance.

Order

Upon consideration of the Settlement

Agreement entered into between the

West Bend Company, a Subsidiary of

Illinois Tool Works, Inc., and the staff

of the U.S. Consumer Product Safety

Commission; and the Commission

having jurisdiction over the subject

matter and The West Bend Company,

and it appearing that the Settlement

Agreement and Order is in the public

interest, it is

Ordered, that the Settlement

Agreement be, and hereby is, accepted,

and it is

Further Ordered, that upon final

acceptance of the Settlement Agreement

and Final Order, The West Bend

Company shall pay the Commission a

civil penalty in the amount of Two

Hundreds and Twenty Five Thousand

Dollars ($225,000.00) within 10

calendar days after service of this Final

Order upon The West Bend Company.

Provisionally accepted and Provisional

Order issued on the 20th day of January,

2001.

By Order of the Commission.

Sadye E. Dunn,

Secretary,

U.S. Consumer Product Safety Commission.

[FR Doc. 01–4559 Filed 2–23–01; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Department of the Air Force

Record of Decision (ROD) for Joint Use

of Airfield Facilities at Kelly Air Force

Base (AFB), Texas

AGENCY: Department of the Air Force,

DoD.

ACTION: Notice.

SUMMARY: On December 14, 2000, the

Air Force signed the ROD for Joint Use

of Airfield Facilities at Kelly AFB,

Texas.

The Defense Base Closure and

Realignment Act requires compliance

with the National Environmental Policy

Act (NEPA) in implementing base

closures and realignments for property

disposal (10 U.S.C. 2687 note). The Air