[Federal Register: June 1, 1999 (Volume 64, Number 104)]
[Notices]
[Page 29274-29275]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jn99-38]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 99-C0006]
Shimano American 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 CFR 1118.20.
Published below is a provisionally-accepted Settlement Agreement with
Shimano American Corporation, containing a civil penalty of $150,000.
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 June 16, 1999.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 99-C0006, Office of the
Secretary, Consumer Product Safety Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT: Deborah Lewis, Trial Attorney, Office
of Compliance and Enforcement, Consumer Product Safety Commission,
Washington DC 20207; telephone (301) 504-0626, 1346.
SUPPLEMENTARY INFORMATION: The text of the Agreement and Order appears
below.
Dated: May 25, 1999.
Sadye E. Dunn,
Secretary.
Settlement Agreement and Order
1. Shimano American Corporation (``Shimano'') a corporation, enters
into this Settlement Agreement and Order with the United States
Consumer Product Safety Commission (``the CPSC'') in accordance with 16
CFR 1118.20 of the Commission's Procedures for Investigations,
Inspections, and Inquiries under the Consumer Product Safety Act
(``CPSA'').
I. The Parties
2. The Consumer Product Safety Commission is an independent federal
regulatory agency responsible for the enforcement of the Consumer
Product Safety Act, 15 U.S.C. 2051-2084.
3. Shimano is a corporation organized and existing under the laws
of the State of California. Its principal offices are located at One
Holland Drive, Irvine, CA, 92618.
II. Staff Allegations
4. Between March, 1994 and November, 1995, Shimano Inc. of Japan
manufactured over one million bicycle cranks--models FC-CT90, FC-M290
and FC-MC12--a significant number of which were imported and
distributed in the United States by Shimano American Corporation.
Shimano is, therefore, a distributor of bicycle cranks in commerce.
5. The bicycle cranks attach to the pedals of bicycles. Shimano
Inc. of Japan and Shimano sold the cranks to 49 bicycle manufacturers.
6. The bicycle cranks can break during use. A consumer can be
injured in a number of ways if the bicycle cranks break will he or she
is riding it: (1) The broken crank or part exposed as a result of the
crank breaking can injure the bicyclist; (2) The bicyclist can fall as
a result of the broken crank, leading to injuries from contact with the
ground; (3) The bicyclist can lose control and collide with another
vehicle or object.
7. Between June, 1995 and July, 1997, Shimano received 22 reports
of injuries from consumers due to broken cranks. The injuries included
fractures, lacerations, puncture wounds, head trauma, and severe
bruising and swelling. Shimano conducted numerous tests on the bicycle
cranks and held at least one meeting at a high level in the corporation
in September, 1996, about its growing concern over the cranks. Yet,
Shimano did not report the problem until July, 1997.
8. Shimano obtained information which reasonably supported the
conclusion that its bicycle cranks contained defects which could create
a substantial product hazard but failed to report that information in a
timely manner as required by section 15(b) of the CPSA, 15 U.S.C.
20643(b).
III. Response of Shimano
9. Shimano denies the allegations of the staff that the bicycle
cranks contain a defect which could create a substantial product hazard
pursuant to section 15(a) of the CPSA, 15 U.S.C. 2064(a), denies that
it violated the reporting requirements of section 15(b) of the CPSA, 15
U.S.C. 2064(b), and further denies the other allegations of the CPSC as
stated herein.
10. Shimano voluntarily contacted the CPSC in May 1997, to seek the
CPSC's cooperation in conducting a recall of the three models of
bicycle cranks. In June, Shimano filed a report under Section 15(b) of
the CPSA and proposed a voluntary product recall under the CPSC's Fast
Track program. Shimano's report and voluntary recall did not result
from any investigation by the CPSC, but rather represented part of
Shimano's effort to maintain its reputation for providing bicycle
components of the highest quality.
11. Prior to May 1997, Shimano did not have reason to believe that
the cranks posed a substantial product hazard. Shimano believes the
information available did not reasonably support the conclusion that
the products were defective within the meaning of the CPSA, and,
therefore, no report was required under Section 15(b) of the Act.
During the time period in which the CPSC alleges Shimano wrongfully
failed to file a report, Shimano conducted its own internal testing as
well as independent testing of the cranks, and these tests suggested
[[Page 29275]]
that no defect was present. Likewise, the extremely low failure rate of
the cranks and the rigorous conditions in which they were used,
suggested that any failures were due to rigorous usage rather than an
inherent product defect. For these reasons, Shimano was not required
to, and did not, report to the CPSC prior to May 1997.
12. By entering into this Settlement Agreement and Order, Shimano
does not admit any liability or wrongdoing. This Settlement Agreement
and Order is agreed to by Shimano to avoid incurring additional legal
costs and does not constitute, and is not evidence of, an admission of
any liability or wrongdoing by Shimano.
IV. Agreement of the Parties
13. The Commission has jurisdiction over this matter under the
Consumer Product Safety Act, 15 U.S.C. 2051 et seq.
14. Shimano knowingly, voluntarily and completely waives any rights
it may have to: (1) an administrative or judicial hearing with respect
to the staff allegations discussed in paragraphs 4 through 8 above; (2)
judicial review or other challenge or contest of the validity of the
Commission's Order; (3) a determination by the Commission as to whether
a violation of section 15(b) of the CPSA, 15 U.S.C. 2064(b), has
occurred; and (4) a statement of findings of fact and conclusion of law
with regard to the staff allegations.
15. 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 16 CFR 1118.20.
16. This Settlement Agreement and Order releases Shimano and
Shimano Inc. from liability arising from any allegations of violation
of section 15(b) of the CPSA regarding the bicycle cranks described in
paragraph 4, above. The Settlement Agreement and Order becomes
effective upon final acceptance by the Commission and its service upon
Shimano.
17. Upon final acceptance of this Settlement Agreement by the
Commission, the Commission may issue a press release to advise the
public of the civil penalty Settlement Agreement and Order.
18. Shimano shall pay the Consumer Product Safety Commission a
civil penalty in the amount of $150,000 within ten days of final
acceptance of the Settlement Agreement and Order.
19. Shimano agrees to entry of the attached Order, which is
incorporated herein by reference, and to be bound by its terms.
20. This Settlement Agreement and Order are entered into for
settlement purposes only and shall not constitute an admission or
determination arising from the allegations that the bicycle cranks
contain a defect which could create a substantial product hazard.
21. This Settlement Agreement is binding upon Shimano and the
assigns or successors of Shimano.
22. Agreements, understandings, representations, or interpretations
made outside this Settlement Agreement and Order may not be used to
vary or to contradict its terms.
Dated: March 29, 1999.
By: Shimano American Corporation
U.S. Consumer Product Safety Commission
By: Alan Schoem,
Assistant Executive Director, Office of Compliance.
Eric Stone,
Director, Legal Division, Office of Compliance.
Deborah Lewis,
Attorney, Legal Division, Office of Compliance.
Order
Upon consideration of the Settlement Agreement entered into between
Shimano American Corporation, a corporation, and the staff of the U.S.
Consumer Product Safety Commission; and the Commission having
jurisdiction over the subject matter and Shimano American 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, Shimano American Corporation shall pay the
Commission a civil penalty in the amount of one hundred fifty thousand
and 00/100 dollars, ($150,000.00) within ten (10) days after service of
this Final Order upon Shimano American Corporation.
Provisionally accepted and Provisional Order issued on the 25th day
of May, 1999.
By Order of the Commission.
Sadye E. Dunn,
Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 99-13669 Filed 5-28-99; 8:45 am]
BILLING CODE 6355-01-M