[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Notices]
[Pages 26505-26507]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13203]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 96-C0006]
Burlington Coat Factory Warehouse Corp., a Corporation;
Provisional Acceptance of a Settlement Agreement and Order
AGENCY: Consumer Product Safety Commission.
ACTION: Provisional acceptance of a settlement agreement under the
Consumer Product Safety Act.
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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 Section
1605.13. Published below is a provisionally-accepted Settlement
Agreement with Burlington Coat Factory Corp., a corporation.
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 June 12, 1996.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 96-C0006, Office of the
Secretary, Consumer Product Safety Commission, Washington, D.C. 20207.
FOR FURTHER INFORMATION CONTACT:
William J. Moore, Jr., Trial Attorney, Office of Compliance and
Enforcement,
[[Page 26506]]
Consumer Product Safety Commission, Washington, D.C. 20207; telephone
(301) 504-0626.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: May 20, 1996.
Sadye E. Dunn,
Secretary.
Consent Order Agreement
Burlington Coat Factory Warehouse Corporation (``Burlington Coat
Factory'' or ``Respondent'') enters into this Consent Order Agreement
with the staff (``the staff'') of the Consumer Product Safety
Commission (``the Commission'') pursuant to the procedures set forth in
section 1605.13 of the Commission's Procedures for Investigations,
Inspections, and Inquiries under the Flammable Fabrics Act (FFA), 16
CFR part 1605.
This Agreement and Order are for the sole purpose of settling
allegations of the staff that Respondent sold certain ladies' rayon
sheer chiffon skirts and scarves that failed to comply with the
Standard for the Flammability of Clothing Textiles 16 CFR part 1610
(``the general wearing apparel standard'').
Respondents and the Staff Agree
1. The Consumer Product Safety Commission is an independent
regulatory agency of the United States government. The Commission has
jurisdiction over this matter under the Consumer Product Safety Act, 15
U.S.C. 2051 et seq. (CPSA), the Flammable Fabrics Act, 15 U.S.C. 1191
et seq. (FAA) and the Federal Trade Commission Act, 15 U.S.C. 41 et
seq. (FTC).
2. Respondent Burlington Coat Factory is a corporation organized
and existing under the laws of the State of Delaware with principal
corporate offices at 1830 Route 130, Burlington, New Jersey 08016.
3. Respondent is now, and has been, engaged in one or more of the
following activities: the sale, or the offering for sale, in commerce,
or the delivery for introduction, transportation in commerce, or the
sale or delivery after sale or shipment in commerce, of womens' skirts
and scarves subject to the general wearing apparel standard.
4. This Agreement is for the sole purpose of settling the
allegations in the accompanying Complaint. The Agreement becomes
effective only upon its final acceptance by the Commission and service
of the incorporated Order upon Respondent. The parties agree to entry
of the attached Order, which is incorporated herein by reference.
5. Respondent specifically denies the allegations contained in
paragraphs 3-5 of the accompanying Complaint. In particular, Respondent
contends that it did not knowingly sell rayon sheer chiffon skirts and
scarves that violated the flammability requirements of the general
wearing apparel standard. Nothing in this Agreement constitutes an
admission by Respondent that it violated the law.
6. Respondent further contends that it has received no reports of
injuries from the use of any products enumerated in this agreement or
the accompanying Complaint. Respondent makes no admission of any fault,
liability, or statutory violation. Nor does this Agreement constitute
an admission by Respondent that it is paying a civil penalty; any
payment referenced in paragraph II of the accompanying Order is solely
to settle the Commission's contention that a civil penalty is
appropriate.
7. The parties agree that this Consent Order Agreement resolves the
allegations of the accompanying Complaint. The Commission specifically
waives its right to initiate any other criminal, civil or
administrative action against the Respondent, its shareholders,
officers, directors, employees, and agents with respect to those
alleged violations.
8. Respondent waives any rights to a formal hearing as to any
findings of fact and conclusions of law regarding the allegations set
forth in the Complaint. Respondent waives any right to seek judicial
review or otherwise challenge or contest the validity of the
Commission's Order.
9. The Commission may disclose the terms of this Consent Order
Agreement to the public consistent with Section 6(b) of the CPSA.
10. This Agreement and the Complaint accompanying the Agreement may
be used in interpreting the incorporated Order. Agreements,
understandings, representations or interpretations made outside of this
Consent Order Agreement may not be used to vary or contradict its
terms.
Upon acceptance of this Agreement, the Commission shall issue the
following order.
By:
Paul C. Tang,
Vice President and General Counsel, Burlington Coat Factory, Warehouse
Corporation, 1830 Route 130, Burlington, New Jersey 08016.
Date: April 12, 1996.
By:
William J. Moore, Jr.,
Trial Attorney, Division of Administrative Litigation.
Date: April 12, 1996.
Eric L. Stone,
Acting Director, Division of Administrative Litigation.
David Schmeltzer,
Assistant Executive Director, Office of Compliance, Consumer Product
Safety Commission, Washington, DC 20207.
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 selling or offering for sale, in commerce, or introducing,
delivering for introduction, transporting or causing to be transported,
in commerce, or selling or delivering after sale or shipment in
commerce, any 100% rayon sheer chiffon skirts or scarves that fail to
comply with the flammability requirements of the Standard for the
Flammability of Clothing Textiles: 16 C.F.R. Part 1610.
II
It is further ordered That Respondent pay to the United States
Treasury a civil penalty of TWO HUNDRED FIFTY THOUSAND DOLLARS
($250,000) within twenty (20) days after service upon Respondent of the
Final Order.
III
It is further ordered That for a period of three years following
the service upon Respondent of the Final Order in this matter,
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 C.F.R. Section 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.
[[Page 26507]]
So ordered by the Commission, this 20th day of May, 1996.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
Complaint
The staff of the Consumer Product Safety Commission (``staff'')
contends that Burlington Coat Factory Warehouse Corporation, a
corporation (``Respondent''), is subject to the provisions of the
Consumer Product Safety Act, 15 U.S.C. 2051 et seq. (CPSA); the
Flammable Fabrics Act, 15 U.S.C. 1191 et seq. (FFA); the Federal Trade
Commission Act (15 U.S.C. 41 et seq. (FTC); and the Standard for the
Flammability of Clothing Textiles, 16 C.F.R. part 1601 (``the general
wearing apparel standard''). The staff further contends Respondent
violated the general wearing apparel standard's provisions related to
the flammability of certain women's rayon sheer chiffon skirts and
scarves.
Based upon the information provided to the Commission by the staff,
the Commission determined it is in the public interest to issue this
Complaint. Therefore, by virtue of the authority vested in the
Commission by section 30(b) of the CPSA, 15 U.S.C. 2079(b); sections 3
and 5 of the FFA, 15 U.S.C. 45; and in accordance with the Commission's
Rules of Practice for Adjudicative Proceedings, 16 CFR Part 1025, the
Commission hereby issues this Complaint and states the staff's charges
as follows:
1. Respondent Burlington Coat Factory is a corporation organized
and existing under the laws of the State of Delaware with principal
corporate offices at 1830 Route 130 N, Burlington, New Jersey, 08016.
2. Respondent is and has been engaged in one or more of the
following activities: the sale, or the offering for sale, in commerce,
of women's sheer chiffon rayon skirts and scarves subject to the
general wearing apparel standards.
3. In 1994 and 1995, Respondent sold and offered for sale women's
100% rayon sheer chiffon skirts and scarves that did not comply with
the flammability requirements for general wearing apparel.
4. As the result of these failures to comply with the general
wearing apparel standard, Respondent sold, or offered for sale, in
commerce, a significant number of women's garments purchased from
several different importers that failed to comply with the general
wearing apparel flammability standards.
5. After being informed of the violations involving sheer chiffon
skirts by the Commission staff in 1994, Respondent nevertheless sold
and offered for sale sheer chiffon scarves that did not comply with the
applicable flammability requirements.
Relief Sought
Wherefore, the staff requests the Commission to issue an order
requiring the Respondent to:
Cease and desist from the sale, or the offering for sale, in
commerce, delivery for introduction, transportation in commerce, or the
sale or delivery after sale or shipment in commerce, of rayon sheer
chiffon skirts and scarves subject to the general wearing apparel
standards that fail to comply with such standards.
Wherefore, the premises considered, the Commission hereby issues
this Complaint on the ____ day of ______, 1996.
Dated:
By direction of the Commission:
David Schmeltzer,
Assistant Executive Director, Office of Compliance.
[FR Doc. 96-13203 Filed 5-24-96; 8:45 am]
BILLING CODE 6355-01-M
