[Federal Register: June 8, 1994] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. 94-C0007] Neeley Sales Company, Inc., a Corporation; Final Acceptance of a Settlement Agreement and Order AGENCY: Consumer Product Safety Commission. ACTION: Final acceptance of a Settlement Agreement. ----------------------------------------------------------------------- SUMMARY: The Commission has finally accepted a Settlement Agreement with Neeley Sales Company, Inc. DATES: The Consent Order Agreement became effective on May 27, 1994. FOR FURTHER INFORMATION CONTACT: Dennis C. Kacoyanis, Trial Attorney, Office of Compliance and Enforcement, Consumer Product Safety Commission, Washington, DC 20207; telephone (301) 504-0626. SUPPLEMENTARY INFORMATION: On January 24, 1994, the Commission provisionally accepted a Settlement Agreement and Order in the matter of the Neeley Sales Company, Inc., and published it for comment in the Federal Register on January 31, 1994 (55 FR 4269). The Commission received three comments on the Provisional Settlement Agreement and Order. After considering those comments, the Commission voted on May 26, 1994 to finally accept the Agreement. The text of the Agreement and the Order were published in the January 31, 1994 Federal Register. Dated: June 2, 1994. Sadye E. Dunn, Secretary, Consumer Product Safety Commission. Order Upon consideration of the Settlement Agreement entered into between respondent Neeley Sales Company, Inc., a corporation, and the staff of the Consumer Product Safety Commission; and the Commission having jurisdiction over the subject matter and Neeley Sales Company; 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 upon final acceptance of the Settlement Agreement, Neeley Sales Company, Inc. shall pay to the Commission a civil penalty in amount of ten thousand and 00/100 dollars ($10,000.00) in two (2) installment payments of five-thousand and 00.100 dollars ($5,000.00). The first installment payment of five-thousand and 00/100 dollars ($5,000.00) shall be due twenty (20) days after service of the Final Order of the Commission accepting the Settlement Agreement. The second installment payment of five-thousand and 00.100 dollars ($5,000.00) is due and payable no later than 365 days after service of the Final Order. For any payment that is overdue less than thirty (30) days, Neeley Sales Company, Inc. shall be charged interest, payable to the Commission, in accordance with the rate and method of calculation set forth in 28 U.S.C. 1961 (a) and (b), during the period that the payment is overdue. Any payment that is thirty (30) days or more overdue shall cause the entire outstanding balance to become due immediately and payable with interest in accordance with 28 U.S.C. 1961 (a) and (b) as set forth above, during the period that the outstanding balance is overdue. Payment of the full amount of the civil penalty shall settle fully the staff's allegations set forth in paragraph five through ten in the Settlement Agreement that Neeley Sales Company, Inc. or Dennis Neeley, individually, or any of Neeley's officers, agents, or employees has violated the FHSA. Provisionally accepted and Provisional Order issued on the 24th day of June 1994. By order of the Commission: Sadye E. Dunn, Secretary, Consumer Product Safety Commission. Upon consideration of the Settlement Agreement between Neeley Sales Company, Inc. and the staff and the comments received on the provisional Settlement Agreement and Order, the Consumer Product Safety Commission finally accepts the Settlement Agreement. Final Order issued on the 1st day of June 1994 By order of the Commission: Sadye E. Dunn, Secretary, Consumer Product Safety Commission. [FR Doc. 94-13929 Filed 6-7-94; 8:45 am] BILLING CODE 6355-01-M