[Federal Register: April 10, 2000 (Volume 65, Number 69)]
[Notices]
[Page 18977-18979]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap00-46]
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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