[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Notices]
[Pages 15832-15833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8460]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 98-C0009]
In the Matter of Monarch Towel Company, Inc., a Domestic
Corporation; Provisional Acceptance of a Settlement Agreement and Order
AGENCY: Consumer Product Safety Commission.
ACTION: Provisional Acceptance of a Settlement Agreement under the
Flammable Fabric Act.
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SUMMARY: It is the policy of the Commission to publish settlements
which it provisionally accepts under the Flammable Fabric Act in the
Federal Register in accordance with the terms of 16 CFR 1605.13.
Published below is a provisionally-accepted Settlement Agreement with
Safety 1st, Inc., a corporation, containing a civil penalty of $10,000.
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 April 16, 1998.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 98-C0009, Office of the
Secretary, Consumer Product Safety Commission, Washington, D.C. 20207.
FOR FURTHER INFORMATION CONTACT:
Dennis C. Kacoyanis, Trial Attorney, Office of Compliance and
Enforcement, Consumer Product Safety Commission, Washington, D.C.
20207; telephone (301) 504-0626.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: March 26, 1998.
Sadye E. Dunn,
Secretary.
Consent Order Agreement
Monarch Towel Company, Inc., a domestic corporation, (hereinafter,
``Respondent''), enters into this Consent Order Agreement (hereinafter,
``Agreement'') with the staff of the Consumer Product Safety Commission
(hereinafter, ``Commission'') pursuant to the procedures for Consent
Order Agreements contained in 16 CFR 1605.13 of the Commission's
Procedures for Investigations, Inspections, and Inquiries under the
Flammable Fabrics Act (FFA), 16 CFR 1605.13.
This Consent Order Agreement is for the sole purpose of settling
allegations of the staff (a) that Respondent violated section 3(a) of
the Flammable Fabrics Act (FFA), as amended, 15 U.S.C. 1192(a) and the
Standards for the Flammability of Children's Sleepwear (hereinafter,
``Standards''), 16 CFR Parts 1615 and 1616, as more fully set forth in
the Complaint accompanying this Agreement; and (b) that Respondent
knowingly violated section 3(a) of the FAA, as amended, 15 U.S.C.
1192(a) and the Standards.
Respondent and the Staff Agree
1. The Consumer Product Safety Commission has jurisdiction in this
matter under the following Acts: Consumer Product Safety Act (15 U.S.C.
2051 et seq.), Flammable Fabrics Act (15 U.S.C. 41 et seq.), and the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
2. Respondent Monarch Towel Company, Inc. is a corporation
organized and existing under the laws of the State of New Jersey, with
its principal place of business located at 737 Cortlandt Street, Perth
Amboy, NJ 08861.
3. Respondent is now and has been engaged in one or more of the
following: the manufacture for sale, the sale, or the offering for
sale, in commerce, or the importation, delivery for introduction,
transportation in commerce, or the sale or delivery after sale or
shipment in commerce, of a product, fabric, or related material which
is subject to the requirements of the Flammable Fabrics Act, as
amended, 15 U.S.C. 1191 et seq., and the Standards for the Flammability
of Children's Sleepwear, 16 CFR Parts 1615 and 1616.
4. Respondent denies the allegations of the Complaint that it
violated section 3(a) of the FAA, as amended, 15 U.S.C. 1192(a) and the
Standards.
5. Respondent denies that it knowingly violated section 3(a) of the
FFA, as amended, 15 U.S.C. 1192(a) and the Standards.
6. This Agreement is entered into for the purposes of settlement
only and does not constitute a determination by the Commission that
Respondent (a) violated or (b) knowingly violated the FFA and the
Standards.
7. Respondent, its successors and assigns, agents, representatives,
and employees, directly or through any corporation, subsidiary,
division, or other business entity, or through any agency, device or
instrumentality agree to cease and desist from the manufacture for
sale, the sale, or the offering for sale, in commerce, or the
importation into the United States, or the introduction, delivery for
introduction, transportation or causing to be transported, in commerce,
or the sale or delivery after a sale or shipment in commerce,
children's sleepwear that fails to comply with the flammability
requirements of the Standards for the Flammability of Children's
Sleepwear, 16 CFR Parts 1615 and 1616.
8. Respondent agrees to pay in settlement of the staff's
allegations a civil penalty of $10,000 as set forth in the incorporated
Order.
9. This Agreement does not constitute an admission by Respondent
that a civil penalty is appropriate.
10. This Agreement becomes effective only upon its final acceptance
by the Commission and service of the incorporated Order upon
Respondent.
11. Upon final acceptance of this Consent Order Agreement by the
Commission and issuance of the Final Order, Respondent knowingly,
voluntarily, and completely waives any rights it may have in this
matter (a) to an administrative or judicial hearing, (b) to judicial
review or other challenge or contest of the validity of the
Commission's actions (c) to a determination by the Commission as to
[[Page 15833]]
whether Respondent failed to comply with the Flammable Fabrics Act as
aforesaid, (d) to a statement of findings and fact and conclusions of
law, and (e) to any claims under the Equal Access to Justice Act.
12. Violation of the provisions of the Order may subject Respondent
to a civil and/or criminal penalty for such violation, as prescribed by
law.
13. For 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 Consent Agreement.
14. Agreements, understandings, representations, or interpretations
made outside the Consent Order Agreement may not be used to vary or to
contradict its terms.
15. Upon acceptance of this Agreement, the Commission shall issue
the following Order incorporated herein by reference.
Respondent Monarch Towel Company, Inc.
Dated: February 19, 1998.
Berenice Chadowitz,
Chief Executive Officer, Monarch Towel Company, Inc., 737 Cortlandt
Street, Perth Amboy, NJ 08861.
Dated: February 18, 1998.
Ashley Chadowitz,
President and General Counsel, Monarch Towel Company, Inc., 737
Cortlandt Street, Perth Amboy, NJ 08861.
Commission Staff
Alan H. Schoem,
Assistant Executive Director, Office of Compliance, Consumer Product
Safety Commission, Washington, D.C. 20207-0001.
Eric L. Stone,
Director, Legal Division, Office of Compliance.
Dated: February 24, 1998.
Dennis C. Kacoyanis,
Trial Attorney, Legal Division, Office of Compliance.
Order
Upon consideration of the Agreement of the parties.
I
It is hereby ordered that Respondent, its successors and assigns,
agents, representatives, and employees, directly or through any
corporation, subsidiary, division, or other business entity, or through
any agency, device or instrumentality, do forthwith cease and desist
from the manufacture for sale, the sale, or the offering for sale, in
commerce, or the importation into the United States, or the
introduction, delivery for introduction, transportation or causing to
be transported, in commerce, or the sale or delivery after a sale or
shipment in commerce, children's sleepwear that fails to comply with
the flammability requirements of the Standards for the Flammability of
Children's Sleepwear, 16 CFR Parts 1615 and 1616.
II
It is further ordered that Respondent pay to the United States
Treasury a civil penalty of ten thousand dollars ($10,000.000) within
twenty (20) days after service upon Respondent of the Final Order.
III
It is further ordered that Respondent notify the Commission within
30 days following the consummation of the sale of a majority of its
stock or following a change in any of its corporate officers
responsible for compliance with the terms of this Consent Agreement and
Order.
By direction of the Commission, this Consent Order Agreement is
provisionally accepted pursuant to 16 CFR 1605.13, and shall be placed
on the public record, and the Secretary is directed to publish the
provisional acceptance of the Consent Order Agreement in the
Commission's Public Calendar and in the Federal Register.
So ordered by the Commission, this 26th day of March, 1998.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 98-8460 Filed 3-31-98; 8:45 am]
BILLING CODE 6355-01-M
