[Federal Register: August 15, 2000 (Volume 65, Number 158)]
[Notices]               
[Page 49789-49791]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au00-34]                         

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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 00-C0011]

 
Royal Sovereign Corp., a corporation, Provisional Acceptance of a 
Settlement Agreement and Order

AGENCY: Consumer Produce Safety Commission.

ACTION: Notice.

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SUMMARY: A Settlement Agreement provisionally accepted by the Consumer 
Produce Safety Commission was inadvertently published on August 9, 2000 
(pages 48680-48682) separate from a preamble notice about the agreement 
published on August 8, 2000 (page 48488). This notice accurately 
publishes the Settlement Agreement and preamble together and sets the 
period for comment on the agreement.
    It is the policy of the Commission to publish settlements which it 
provisionally accepts under the Federal Hazardous Substances Act in the 
Federal Register in accordance with the terms of 16 CFR 1118.20(e). 
Published below is a provisionally-accepted Settlement Agreement with 
Royal Sovereign Corp., a corporation, containing a civil penalty of 
$20,000.

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 August 30, 2000.

ADDRESSES: Persons wishing to comment on this Settlement Agreement 
should send written comments to the Comment 00-C0011, Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT: Margaret H. Plank, Trial Attorney, 
Office of Compliance and Enforcement, Consumer Product Safety 
Commission, Washington, DC 20207; telephone (301) 504-0626, 1450.

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

    Dated: August 10, 2000.
Sadye E. Dunn,
Secretary.

Settlement Agreement and Order

    1. This Settlement Agreement and Order between Royal Sovereign 
Corporation (``Royal Sovereign''), a New Jersey corporation, and the 
staff of the United States Consumer Product Safety Commission (``the 
CPSC''), pursuant to 16 CFR 1118.20 of the Commission's Procedures for 
Investigations, Inspections, and Inquiries under the Consumer Product 
Safety Act (``CPSA''), reflects a compromise resolution of the matter 
described herein, entered without a hearing or determination of issues 
of law and fact.

I. The Parties

    2. The staff is the staff of the United States Consumer Product 
Safety Commission, an independent federal regulatory agency responsible 
for the enforcement of the Consumer Product Safety Act, 15 U.S.C. 2051-
2084.
    3. Royal Sovereign is a corporation organized and existing under 
the laws of the State of New Jersey. Its principal corporate offices 
are located at 100 West Sheffield Ave., Englewood, NJ 07631. Royal 
Sovereign is an importer and distributor of small electronic 
appliances, including portable ceramic heaters.

II. Staff Allegations

    4. Section 15(b) of the CPSA, 15 U.S.C. 2064(b) requires a 
manufacturer of a consumer product who, inter alia, obtains information 
that reasonably supports the conclusion that the product contains a 
defect which could create a substantial product hazard or creates an 
unreasonable risk of serious injury or death, to immediately inform the 
Commission of the defect or risk.
    5. Between 1992 and 1996, Royal Sovereign imported and distributed 
within the United States approximately 39,300 model RST1200 oscillating 
ceramic portable heaters (``RST 1200 heaters''). The portable heaters 
are ``consumer products'' and Royal Sovereign is a ``distributor'' of 
``consumer products'' that are ``distributed in commerce'' as those 
terms are defined in sections 3(a)(1), (4), (11) of the CPSA, 15 U.S.C. 
2052(a)(1), (4), (11).
    6. The RST 1200 heaters are defective because the mechanism that 
rotates the heater side-to-side can wear through the insulation of 
electrical wiring inside the heater's base. In addition, some of the 
connections between the electrical wires and other components inside 
the heater are faulty. Either of these conditions can cause a fire.
    7. Between 1994 and 1997, Royal Sovereign received at least 
thirteen reports of fires involving RST 1200 heaters. The fires 
resulted in property damage claims in excess of $70,000.
    8. On October 24, 1995, CPSC field investigator William Robinson 
inspected the facilities of Royal Sovereign, and interviewed firm 
officials, seeking information about a fire involving an RST 1200 
heater that had been reported to the Commission by the consumer. Mr. 
Robinson shared the staff's engineering evaluation of the unit involved 
in the fire, which concluded that faulty crimp connections may have led 
to arcing and overheating within the unit that caused ignition of the 
plastic housing. Firm officials informed Mr. Robinson at that time that 
they believed the RST 1200 heater involved in the fire had been 
tampered with, and that the faulty crimps were not of Royal Sovereign's 
manufacture.
    9. Royal Sovereign also informed Mr. Robinson on October 24, 1995, 
that Royal Sovereign had received reports of two additional fires 
involving RST 1200 heaters. Firm officials states that one of those 
fires resulted from the heater being placed too close to combustibles, 
and that they believed the other fire had been deliberately set. Mr. 
Robinson was told that the other complaints the firm had received 
concerning the RST 1200 related to mechanical failures or product 
dissatisfaction.
    10. At the conclusion of his inspection, Mr. Robinson left with 
Royal Sovereign copies of the CPSC statutes and regulations setting 
forth a distributor's obligations to report potential safety hazards to 
the Commission.
    11. In 1996, Royal Sovereign undertook an ``upgrade'' program, 
pursuant to which it contacted those consumers of RST 1200 heaters from 
whom the firm had received warranty cards and informed them that they 
could return their heaters for ``reconfiguration to 1996 standards.''

[[Page 49790]]

The ``upgrade'' involved opening the units to evaluate the crimp 
connections and the installation of a sleeve over the power cord, which 
entered the unit in such a way as to rub up against an internal metal 
disc that provided the oscillating motion for the unit. The addition of 
the protective sleeve guarded against abrasion of the cord. Abrasion of 
the cord could result in the exposure of current-carrying wires, which, 
in turn, could result in arcing and fire. Royal Sovereign did not 
notify the staff of its upgrade program.
    12. Between October 1995 and April 1997, Royal Sovereign became 
aware of ten additional fires involving RST 1200 heaters.
    13. Royal Sovereign did not report the additional incidents of fire 
involving RST 1200 heaters to the Commission.
    14. In October 1997, the staff executed an administrative search 
warrant on the facilities of Royal Sovereign and recovered several 
burned units of RST 1200 heaters, as well as a number of additional 
returned units exhibiting indicia of fire. The staff also collected new 
samples of RST 1200 heaters for evaluation. In addition, the staff 
collected documentation of fire incidents involving RST 1200 heaters, 
including insurance claim documentation, internal tracking records, and 
correspondence with consumers. Finally, the staff collected over 100 
consumer complaints noting incidents of sparking, smoking, or flaming 
RST 1200 heaters.
    15. The staff's evaluation of the returned units, as well as the 
new samples, indicated that the units utilized crimp connections 
similar to those identified as potentially hazardous by the staff in 
1995. The staff also noted evidence of abrasion of the power cords in 
the burned units.
    16. Although Royal Sovereign had obtained sufficient information to 
reasonably support the conclusion that the RST 1200 heaters contained a 
defect which could create a substantial product hazard, or created an 
unreasonable risk of serious injury of death, it failed to report such 
information to the Commission, as required by section 15(b) of the 
CPSA. This is a violation of section 19(a)(4) of the CPSA, 15 U.S.C. 
2068(a)(4).
    17. Royal Sovereign's failure to report to the Commission, as 
required by section 15(b) of the CSA, was committed ``knowingly,'' as 
that term is defined in section 20(d) of the CPSA, and Respondent is 
subject to civil penalties under section 20 of the CPSA.

III. Response of Royal Sovereign

    18. Royal Sovereign denies it violated the CPSA. Royal Sovereign 
also denies that the RST 1200 heaters contain a defect which could 
create a substantial product hazard, or create an unreasonable risk of 
injury or death. Royal Sovereign also denies that the RST 1200 heaters 
caused any of the fires referred to in this document, or could cause a 
fire. Royal Sovereign also denies that it violated the reporting 
requirements of the CPSA.

IV. Agreement of the Parties

    19. The Commission has jurisdiction over this matter under the 
CPSA, 15 U.S.C. 2051-2084.
    20. Royal Sovereign agrees to pay to the Commission a civil penalty 
in the amount of $20,000, to be paid in four equal installments of 
$5000. The first payment shall become due immediately upon the CPSC's 
final acceptance of the attached Order. Subsequent payments shall be 
made thirty (30), sixty (60), and ninety (90) days after that date.
    21. Respondent knowingly, voluntarily and completely waives any 
rights it may have (1) to an administrative or judicial hearing, (2) to 
judicial review or other challenge or contest of the validity of the 
commission's Order, (3) to a determination by the Commission as to 
whether Respondent failed to comply with section 15(b) of the CPSA, as 
alleged, (4) to a statement of findings of fact and conclusions of law, 
and (5) to any claims under the Equal Access to Justice Act.
    22. This Settlement Agreement and Order shall not be deemed or 
construed as an admission of liability or wrongdoing by Royal Sovereign 
or as evidence: (a) of any violation of law or regulation by Royal 
Sovereign; (b) of other wrongdoing by Royal Sovereign; (c) that RST 
1200 heaters are defective, create a substantial product hazard, or are 
unreasonably dangerous; or (d) of the truth of any claims or other 
matters alleged or otherwise stated by the CPSC or any other person 
either against Royal Sovereign or with respect to RST 1200 heaters.
    23. 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). 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 shall be deemed finally accepted on the 
16th day after the date it is published in the Federal Register, in 
accordance with 16 CFR 1118.20(f).
    24. This Settlement Agreement and Order becomes effective upon its 
final acceptance by the Commission and service upon Respondent.
    25. The Commission may publicize the terms of the Settlement 
Agreement and Order.
    26. The provisions of this Settlement Agreement and Order shall 
apply to 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.
    27. Royal Sovereign agrees to immediately inform the Commission if 
it learns of any additional incidents involving the RST 1200 heaters, 
or any additional information regarding the alleged defect and hazard 
identified in paragraph six, herein.
    28. Nothing in this Settlement Agreement and Order shall be 
construed to preclude the Commission from taking such other and further 
actions as the Commission deems necessary to protect the public health 
and safety and to comply with the CPSA.
    29. This Settlement Agreement may be used in interpreting the 
Order. Agreements, understandings, representations, or interpretations 
made outside of this Settlement Agreement and Order may not be used to 
vary or contradict its terms.

Dated: May 16, 2000.
Ta K. Lim,
Royal Sovereign Corporation.
Dated: May 10, 2000.
Alan Schoem,
Assistant Executive Director, Office of Compliance.
Eric Stone, Director,
Legal Division, Office of Compliance.
Margaret H. Plank,
Attorney, Legal Division, Office of Compliance.

Order

    Upon consideration of the Settlement Agreement entered into between 
Royal Sovereign Corporation, a corporation, and the staff of the U.S. 
Consumer Product Safety Commission; and the Commission having 
jurisdiction over the subject matter and Royal Sovereign Corporation, 
and it appearing that the Settlement Agreement and Order is in the 
public interest, it is
    Ordered, that the Settlement Agreement be and hereby is accepted, 
and it is
    Further Ordered, Royal Sovereign Corporation shall pay the 
Commission a civil penalty in the amount of TWENTY

[[Page 49791]]

THOUSAND AND 00/100 dollars ($20,000). The penalty shall be paid in 
four equal installments of FIVE THOUSAND AND 00/100 dollars ($5,000). 
The first payment shall be due within ten (10) days after service of 
this Final Order upon Royal Sovereign Corporation. Subsequent payments 
shall be due thirty (30), sixty (60), and ninety (90) days thereafter.
    In the event that Royal Sovereign Corporation fails to make a 
payment in accordance with the terms of this Order, or makes a payment 
that is at least days late, the outstanding balance of the civil 
penalty shall become due and payable within five days, and the interest 
on the outstanding balance shall accrue and be paid at the federal 
legal rate of interest under the provisions of 28 U.S.C. 1961(a) and 
(b).
    Provisionally accepted and Provisional Order issued on the 3rd day 
of August, 2000.

    By Order of the Commission.

Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.

[FR Doc. 00-20735 Filed 8-14-00; 8:45 am]
BILLING CODE 6355-01-M