[Federal Register: June 8, 1994]


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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.

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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