[Federal Register Volume 65, Number 69 (Monday, April 10, 2000)]
[Notices]
[Pages 18977-18979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8714]


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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 00-C0009]


B & B Amusements, Inc., a Corporation, and B & B Spectaculars, 
L.L.C., a Limited Liability Corporation; Provisional Acceptance of a 
Settlement Agreement and Order

AGENCY: Consumer Product Safety Commission.

ACTION: Notice.

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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 C.F.R. 
1115.20(b). Published below is a provisionally-accepted

[[Page 18978]]

Settlement Agreement with B & B Amusements, Inc., a corporation, and B 
& B Spectaculars, L.L.C., a limited liability 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 April 25, 2000.

ADDRESSES: Persons wishing to comment on this Settlement Agreement 
should send written comments to the Comment 00-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, 1346.

SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears 
below.

    Dated: April 2, 2000.
Sadye E. Dunn,
Secretary.

Consent Order Agreement

    1. This Consent Order Agreement (hereinafter, ``Agreement''), 
entered between B&B Amusements, Inc. (hereinafter, ``Respondent B & B 
Amusements''), a corporation, B&B Spectaculars, L.L.C., a limited 
liability corporation (hereinafter, ``B&B Spectaculars'') and the staff 
of the Consumer Product Safety Commission (hereinafter, ``Commission'') 
pursuant to the procedures set forth in section 1115.20(b) of the 
Commission's Procedures for Consent Order Agreements, 16 C.F.R. 
1115.20(b), is a compromise resolution of the matter described herein, 
without a hearing or a determination of issues of law and fact.

I. The Parties

    2. The ``staff'' is the staff on 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. Respondent B&B Amusements, Inc. is a corporate organized and 
existing under the laws of the State of Arizona with its principal 
corporate offices located at 4491 South 4th Avenue, Yuma, AZ 85365. 
Respondent is the operator of the Himalaya amusement ride.
    4. Respondent B&B Spectaculars, L.L.C. is a limited liability 
corporation organized and existing under the laws of the State of 
Oregon with its principal corporate offices located at 4491 South 4th 
Avenue, Yuma, AZ 85365. Respondent is the owner of the Himalaya 
amusement ride.

II. Staff's Allegations

    5. The staff conducted an investigation of an incident that 
occurred on or about March 19, 1998 at the Travis County Livestock and 
Rodeo Show in Austin, TX involving the Himalaya amusement ride owned by 
Respondent B&B Spectaculars and operated by Respondent B&B Amusements. 
The incident resulted in the death of a female passenger and in 
injuries to two other passengers.
    6. The staff alleges that the Himalaya amusement ride owned by 
Respondent B&B Spectaculars and operated by Respondent B&B Amusements 
contains a defect that creates a substantial risk of injury to the 
public because Respondents failed to properly maintain, inspect, and 
operate the ride at the time of the incident involving two injuries and 
one death.

III. Response of Respondents

    7. Respondents deny the allegations set forth by the staff in 
paragraphs 5 and 6 above.
    8. Respondents specifically deny that the Himalaya amusement ride 
owned by Respondent B&B Spectaculars and operated by Respondent B&B 
Amusements contains a defect that creates a substantial risk of injury 
to the public because Respondents failed to properly maintain, inspect, 
and operate the ride at the time of the incident involving two injuries 
and one death.

IV. Agreement of the Parties

    9. The Commission has jurisdiction over this matter under the 
Consumer Product Safety Act (CPSA), 15 U.S.C. 2051 et seq.
    10. Upon final acceptance by the Commission of this Consent Order 
Agreement, the Commission shall issue the attached Order incorporated 
herein by reference.
    11. This Agreement is entered into for the purposes of settlement 
only and does not constitute an admission by Respondents or a 
determination by the Commission that the Himalaya amusement ride owned 
by Respondent B&B Spectaculars and operated by Respondent B&B 
Amusements contains a defect that creates a substantial risk of injury 
to the public because Respondents failed to properly maintain, inspect, 
and operate the ride at the time of the incident involving two injuries 
and one death.
    12. Upon final acceptance of this Consent Order Agreement by the 
Commission, Respondents knowingly, voluntarily, and completely waive 
any rights they may have in this matter (a) to the issuance of a 
complaint; (b) to an administrative or judicial hearing; (c) to 
judicial review or other challenge or contest of the validity of the 
Commission's actions; (d) to a determination by the Commission as to 
whether Respondents failed to comply with the CPSA as aforesaid, (e) to 
a statement of findings of facts and conclusions of law; and (f) to any 
claims under the Equal Access to Justice Act.
    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 issued, and the 
Commission may publicize the terms and conditions of this Consent Order 
Agreement.
    14. Upon provisional acceptance of this Consent Order Agreement by 
the Commission, this Consent Order Agreement 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 1115.20(b)(4) and 
(b)(5). If the Commission does not receive any written request not to 
accept the Consent Order Agreement within 15 days, the Consent Order 
Agreement will be deemed finally accepted on the 20th day after the 
date it is published in the Federal Register.
    15. This Consent Order Agreement is a Commission order issued under 
section 15 of the CPSA, 15 U.S.C. 2064.
    16. A violation of the incorporated Consent Order Agreement is a 
prohibited act under section 19(a)(5) of the CPSA, 15 U.S.C. 2068(a)(5) 
and may subject Respondents to civil and/or criminal penalties pursuant 
to sections 20 and 21 of the CPSA, 15 U.S.C. 2069 and 2070.
    17. Any interested person may bring an action pursuant to section 
24 of the CPSA, 15 U.S.C. 2073 in any U.S. District Court for the 
district where the Respondents are found or are transacting business 
for the purpose of enforcing the Consent Order Agreement and/or 
obtaining appropriate injunctive relief.
    18. The provisions of the Consent Order Agreement shall apply to 
Respondents and each of their successors and assigns.
    19. Agreements, understandings, representations, or interpretations 
made outside of this Consent Order Agreement may not be used to vary or 
to contradict its terms.


[[Page 18979]]


Respondent B&B Amusements, Inc.

    Dated: February 18, 2000.
Steven J. Merten III,
President, B&B Amusements, Inc., 4491 S. 4th Avenue, Yuma, AZ 85365.
Respondent B&B Spectaculars, L.L.C.

    Dated: February 18, 2000.
Steven J. Merten III,
Partner, B&B Spectaculars, L.L.C., 4491 S. 4th Avenue, Yuma, AZ 85365.

Commission Staff

Alan H. Schoem,
Assistant Executive Director, Office of Compliance, Consumer Safety 
Commission, Washington, DC 20207-0001.
Eric L. Stone,
Director, Legal Division, Office of Compliance.
    Dated: March 1, 2000.
Dennis C. Kacoyanis,
Trial Attorney, Legal Division, Office of Compliance.

Order

    Upon consideration of the foregoing Consent Agreement entered into 
between Respondent B&B Amusements, Inc., a corporation, B&B 
Spectaculars, L.L.C., a limited liability corporation, and the staff of 
the Consumer Product Safety Commission; and the Commission having 
jurisdiction over the subject matter and the Respondents; and it 
appearing that the Consent Order Agreement is in the public interest,
    I. It Is Ordered that the Consent Agreement be, and hereby is, 
accepted.
    II. It is Further Ordered that Respondents will not operate the 
Himalaya amusement ride unless they take the actions set forth in 
sections III, IV, and V of this Order.
    III. It Is Further Ordered That Respondents and each of their 
successors and assigns notify the Commission in writing at least 60 
days prior to placing the Himpalay in service at each location in which 
Responsents intend to operate the Himalaya.
    IV. It Is Further Ordered That Respondents and each of their 
successors and assigns allow the Commission or an entity acting on 
behalf of the Commission including, but not limited to state amusement 
ride safety inspectors and private amusement ride safety inspectors, to 
inspect the Himalaya prior to the ride being placed in service at each 
location in which Respondents intent to operate it.
    V. It Is Further Ordered That Respondents and each of their 
successors and assigns comply with all manufacturer's recommendations 
and specifications including, but not limited to, parts, operation, 
inspection, secondary restraints, and maintenance of the Himalaya.
    VI. It Is Further Ordered That Respondent B & B Spectaculars and 
each of its successors and assigns notify the Commission in writing at 
least 60 days prior to sale of all parts of the Himalaya. Such notice 
shall include the name(s), address(es), and telephone number(s) of the 
purchaser(s).
    VII. It Is Further Ordered That Respondent B&B Spectaculars and 
each of its successors and assigns notify the Commission in writing at 
least 60 days prior to destroying and/or disposing of the Himalaya. 
Such notice shall include the name, address, and telephone number of 
the entity charged with destroying and/or disposing of the Himalaya and 
the location of the destruction and/or disposal.
    VIII. It Is Further Ordered That Respondents and each of their 
successors and assigns direct all required notices under the Consent 
Order Agreement to Alan Alan H. Schoem, Assistant Executive Director, 
Office of Compliance, U.S. Consumer Product Safety Commission, 
Washington, D.C. 20207-0001.
    Provisionally accepted and Provisional Order issued on the 3rd day 
of April, 2000.

    By Order of the Commission.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 00-8714 Filed 4-7-00; 8:45 am]
BILLING CODE 6355-01-M