[Federal Register Volume 61, Number 208 (Friday, October 25, 1996)]
[Notices]
[Pages 55280-55281]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27485]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 97-C0002]
Settlement Agreement and Order
In the Matter of Hartman Products, a corporation.
1. Hartman Products, a corporation, enters into this Settlement
Agreement and Order with the staff of the Consumer Product Safety
Commission (``Commission'' or ``CPSC'') pursuant to the procedures set
forth in 16 C.F.R. Sec. 1118.20 of the Commission's Procedures for
Consent Order Agreements under the Consumer Product Safety Act
(``CPSA''), 15 U.S.C. Secs. 2051-2084.
I. The Parties
2. The ``staff'' is the staff of the Consumer Product Safety
Commission, an independent regulatory commission of the United States
established pursuant to section 4 of the CPSA, 15 U.S.C. Sec. 2053.
3. Hartman Products is a corporation organized and existing under
the laws of the State of California, with its principal corporate
offices located at 4949 W. 147th Street, Hawthorne, California 90250.
II. Allegations of the Staff
4. Between August 1992 and December 1992, Hartman Products
assembled and distributed approximately 8,000 affected units of the
Hartman Pro 1600 (``Pro 1600'') hair dryer. Hartman Products is,
therefore, a ``manufacturer'' as that term is defined in section
3(a)(4) of the CPSA, 15 U.S.C. Sec. 2052(a)(4).
5. The Pro 1600 is a portable household appliance that consumers
use to dry their hair. The Pro 1600 is a ``consumer product'' which was
``distributed in commerce'' as those terms are defined in sections
3(a)(1) and (11) of the CPSA, 15 U.S.C. Secs. 2052(a)(1) and (11).
6. In some instances, the switch unit on the affected units could
start a unit's heater without turning on its fan. In this situation,
the heater could ignite the motor mounts made of a plastic material
called Acrylonitrile-Butadiene-Styrene, ultimately igniting the entire
unit, exposing surrounding objects to the flames.
Hartman Products received information from Underwriters
Laboratories, Inc. notifying the firm about the fire hazard the
affected units presented. The firm also received a complaint from a
consumer alleging that her Pro 1600 caught fire.
7. Hartman Products obtained information which reasonably supported
the conclusion that the affected units contained defects which could
create a substantial product hazard, but failed to report that
information to the Commission as required by section 15(b) of the CPSA,
15 U.S.C. Sec. 2064(b).
III. Response of Hartman Products
8. Hartman Products denies the allegations of the staff that the
affected units contained any defect which could create a substantial
product hazard pursuant to section 15(a) of the CPSA, 15 U.S.C.
Sec. 2064(a), and further denies that it violated the reporting
requirements of section 15(b) of the CPSA, 15 U.S.C. Sec. 2064(b).
9. In December 1992, in cooperation with Underwriters Laboratories,
Inc., Hartman Products recalled the affected units. To date, it has not
received any claims or allegations of injury from the affected units
covered by this settlement.
IV. Agreement of the Parties
10. The Commission has jurisdiction over this matter under the
CPSA, 15 U.S.C. Sec. 2051-2084.
11. Hartman Products, knowingly, voluntarily, and completely waives
any rights it may have to an administrative or judicial hearing with
respect to the staff allegations cited herein, judicial review or other
challenge or contest of the validity of the Commission's Order, a
determination by the Commission as to whether a violation of section
15(b) of the CPSA, 15 U.S.C. Sec. 2064(b), has occurred, and a
statement of findings of fact and conclusions of law with regard to the
staff allegations.
12. Upon provisional acceptance of this Settlement Agreement and
Order by the Commission, this Settlement Agreement and Order shall be
placed on the public record and shall be published in the Federal
Register in accordance with 16 C.F.R. Sec. 1118.20(e).
13. The Settlement Agreement and Order take effect upon final
acceptance by the Commission and their service upon Hartman Products.
14. Upon final acceptance of this Settlement Agreement by the
Commission, the Commission will issue a press release to advise the
public of the civil penalty Settlement Agreement and Order.
[[Page 55281]]
15. Hartman Products agrees to entry of the attached Order, which
is incorporated herein by reference, and agrees to be bound by its
terms.
16. This Settlement Agreement and Order are binding upon Hartman
Products and its assigns and successors.
17. Agreements, understandings, representations, or interpretations
made outside this Settlement Agreement and Order may not be used to
vary or contradict its terms.
Hartman Products.
Dated: September 11, 1996.
Ronald Weinhart,
Hartman Products.
The Consumer Product Safety Commission.
David Schmeltzer,
Assistant Executive Director, Office of Compliance.
Eric L. Stone,
Acting Director, Division of Administrative Litigation, Office of
Compliance.
Dated: September 20, 1996.
Traci J. Williams,
Trial Attorney.
William J. Moore, Jr.,
Trial Attorney, Division of Administrative Litigation, Office of
Compliance.
[CPSC Docket No. 97-C0002]
Order
In the Matter of Hartman Products, a corporation.
Upon consideration of the Settlement Agreement entered into between
Respondent, Hartman Products, a corporation, and the staff of the
Consumer Product Safety Commission; and the Commission having
jurisdiction over the subject matter and Hartman Products; 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 Order, Hartman Products shall pay the Commission a civil
penalty in the amount of SIXTY THOUSAND AND 00/100 DOLLARS
($60,000.00), payable as follows: $15,000 twenty days after the Order
is accepted finally, $20,000 by January 1, 1997, and $25,000 by July
15, 1997.
Provisionally accepted and Provisional Order issued on the 21st day
of October, 1996.
By Order of the Commission.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 96-27485 Filed 10-24-96; 8:45 am]
BILLING CODE 6355-01-M
