[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20709]
[[Page Unknown]]
[Federal Register: August 24, 1994]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 94-C0015]
Great Lakes Products, Inc., 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 Part
1118.20(e)-(h). Published below is a provisionally-accepted Settlement
Agreement with Great Lakes Products, Inc., 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 September 8, 1994.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 94-C0015, Office of the
Secretary, Consumer Product Safety Commission, Washington, D.C. 20207.
FOR FURTHER INFORMATION CONTACT: Melvin I. Kramer, 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: August 16, 1994.
Sadye E. Dunn,
Secretary.
Settlement Agreement and Order
1. Great Lakes Products, Inc. (hereinafter, ``Great Lakes''), a
corporation, enters into this Settlement Agreement (hereinafter,
``Agreement'') with the staff of the Consumer Product Safety
Commission, and agrees to the entry of the Order described herein. The
purpose of the Agreement and Order is to settle the staff's allegations
that Great Lakes knowingly caused the export of certain banned
hazardous products, namely volatile alkyl nitrites used for inhaling or
otherwise introducing into the human body for euphoric or physical
effects, in violation of sections 8 and 18 of the Consumer Product
Safety Act (CPSA), 15 U.S.C. 2057 and 2067, which are prohibited acts
under sections 19(a)(10) of the CPSA, 15 U.S.C. 2068(a)(10).
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. 2053.
3. Great Lakes is a corporation organized and existing under the
laws of the State of Indiana with its principal corporate offices
located at 1491 N. Harding St., Indianapolis, IN 46202. Great Lakes is
engaged in the business of manufacturing for export, room odorants,
under various trade names including, but not limited to, Rush,
Hardware, Quicksilver, Bolt and Ram. These products are commonly used
as sexual stimulants.
II. Allegations of the Staff
4. From early 1991 until early 1994, Great Lakes exported to
various foreign countries quantities of the above described products on
at least 93 separate occasions.
5. Pursuant to section 18 of the CPSA, 15 U.S.C. 2067, and the
Commission's export regulations, 16 CFR 1019, Great Lakes is required
to notify the Commission, in writing, prior to the exportation of any
banned hazardous substance. This notice must specify the (1)
anticipated shipment date; (2) country and port of destination; (3)
quantity of the substance that will be exported; and (4) any additional
information required by regulation.
6. On or about March 18, 1994 Great Lakes voluntarily informed the
staff that an employee had failed to file with the Commission the
``Notification of Intent To Export'' required prior to exporting the
products which made up the 93 shipments referred to above.
7. Up until February of 1991 the firm had filed the necessary
notification, and admittedly was fully aware of its legal obligation to
continue to do so.
8. Great Lakes knowing failure to file the required statements
informing the Commission of its intent to export is a violation of
section 18(b) of the CPSA and thereby a prohibited act under section
19(a)(10) of the CPSA. The violation of section 19(a)(10) is punishable
by a civil penalty as prescribed in section 20 of the CPSA, 15 U.S.C.
2069.
IV. Response of Great Lakes
9. Great Lakes denies the allegations of the staff that it
knowingly failed to comply with export notification requirements of the
CPSA.
V. Agreement of the Parties
10. The Consumer Product Safety Commission has jurisdiction over
Great Lakes and the subject matter of this Settlement Agreement and
Order under the Consumer Product Safety Act (15 U.S.C. 2051 et seq.).
11. Great Lakes agrees to pay to the Commission a civil penalty in
the amount of TEN THOUSAND AND 00/100 DOLLARS ($10,000.00).
12. The Commission and Great Lakes agree that this Agreement is
entered into for the purposes of settlement only.
13. Upon final acceptance of this Settlement Agreement by the
Commission and issuance of the Final Order, Great Lakes knowingly,
voluntarily and completely, waives any rights it may have in this
matter (1) to an administrative or judicial hearing, (2) to judicial
review or other challenge or contest of the validity of the
Commission's actions, (3) to a determination by the Commission as to
whether Great Lakes failed to comply with the CPSA as aforesaid, and
(4) to a statement of findings of fact and conclusions of law.
14. 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 Settlement Agreement and
Order.
15. 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 the procedures set forth in 16 CFR
1118.20(e)-(h). If the Commission does not receive any written request
not to accept the Settlement Agreement and Order within 15 days, the
Settlement Agreement and Order will be deemed finally accepted on the
16th day after the date it is published in the Federal Register.
16. The parties further agree that the Commission shall issue the
attached Order, incorporated herein by reference; and that a violation
of the Order shall subject Great Lakes to appropriate legal action.
17. Agreements, understandings, representations, or interpretations
apart from those contained in this Settlement Agreement and Order may
not be used to vary or to contradict its terms.
18. The provisions of the Settlement Agreement and Order shall
apply to Great Lakes and each of its successors and assigns.
Dated: July 7, 1994.
Respondent Great Lakes Products, Inc.
Joseph F. Miller,
President, Great Lakes Products, Inc., 1491 N. Harding St.,
Indianapolis, IN 46202.
Commission Staff
David Schmeltzer,
Assistant Executive Director, Office of Compliance and Enforcement.
Eric L. Stone,
Acting Director, Office of Compliance and Enforcement, Division of
Administrative Litigation.
Dated: July 15, 1994.
Melvin I. Kramer,
Trial Attorney, Office of Compliance and Enforcement, Division of
Administrative Litigation.
Order
Upon consideration of the Settlement Agreement entered into between
respondent Great Lakes Products Inc., a corporation, and the staff of
the Consumer Product Safety Commission; and the Commission having
jurisdiction over the subject matter and Great Lakes; and it appearing
that the Settlement Agreement is in the public interest, it is
Ordered, that the Settlement Agreement be and hereby is accepted;
and it is
Further Ordered, that within 20 days of service of this final Order
upon Great Lakes, Great Lakes shall pay to the Order of the Consumer
Product Safety Commission a civil penalty in the amount of TEN THOUSAND
AND 00/100 DOLLARS ($10,000.00).
Provisionally accepted and Provisional Order issued on the 16th day
of August 1994.
By Order of the Commission.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 94-20709 Filed 8-23-94; 8:45 am]
BILLING CODE 6355-01-M