83 FR 8457 - Britax Child Safety, Inc.; Complaints
CONSUMER PRODUCT SAFETY COMMISSION Federal Register Volume 83, Issue 39 (February 27, 2018)
Federal Register Volume 83, Issue 39 (February 27, 2018)
| Page Range | 8457-8459 | |
| FR Document | 2018-03934 |
[Federal Register Volume 83, Number 39 (Tuesday, February 27, 2018)] [Notices] [Pages 8457-8459] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-03934] ======================================================================= ----------------------------------------------------------------------- CONSUMER PRODUCT SAFETY COMMISSION [CPSC Docket No. 18-1] Britax Child Safety, Inc.; Complaints AGENCY: Consumer Product Safety Commission. ACTION: Publication of a Complaint under the Consumer Product Safety Act. ----------------------------------------------------------------------- SUMMARY: Under provisions of its Rules of Practice for Adjudicative Proceeding, the Consumer Product Safety Commission must publish in the Federal Register Complaints which it issues. Published below is a Complaint: In the matter of Britax Child Safety, Inc.\1\ --------------------------------------------------------------------------- \1\ The Commission voted 3-1 to authorize issuance of this Complaint. Commissioners Robert S. Adler, Marietta S. Robinson, and Elliot F. Kaye voted to authorize issuance of the Complaint. Acting Chairman Buerkle voted to not authorize issuance of the Complaint. --------------------------------------------------------------------------- SUPPLEMENTARY INFORMATION: The text of the Complaint appears below. Dated: February 22, 2018. Alberta E. Mills, Secretary, Consumer Product Safety Commission. United States of America Consumer Product Safety Commission In the Matter of: Britax Child Safety, Inc. Respondent. CPSC Docket No.: 18-1 COMPLAINT Nature of the Proceedings 1. This is an administrative enforcement proceeding pursuant to Section 15 of the Consumer Product Safety Act (``CPSA''), as amended, 15 U.S.C. Sec. 2064, for public notification and remedial action to protect the public from the substantial risks of injury presented by various models of single and double occupant B.O.B. jogging strollers designed with a dropout fork assembly and quick release mechanism (``Strollers''), which were imported and distributed by B.O.B. Trailers, Inc. (``B.O.B.'') and Britax Child Safety, Inc. (``Respondent''). 2. This proceeding is governed by the Rules of Practice for Adjudicative Proceedings before the Consumer Product Safety Commission (the ``Commission''), 16 C.F.R. Part 1025. Jurisdiction 3. This proceeding is instituted pursuant to the authority contained in Sections 15(c), (d), and (f) of the CPSA, 15 U.S.C. Sec. 2064(c), (d), and (f). Parties 4. Complaint Counsel is the staff of the Division of Compliance within the Office of the General Counsel of the Commission (``Complaint Counsel''). The Commission is an independent federal regulatory agency [[Page 8458]] established pursuant to Section 4 of the CPSA, 15 U.S.C. Sec. 2053. 5. Respondent is a South Carolina corporation with its principal place of business located at 4140 Pleasant Road, Fort Mill, South Carolina 29708. 6. Upon information and belief, Respondent acquired B.O.B. in October 2011. Prior to its acquisition by Respondent, B.O.B. was a ``manufacturer'' and ``distributor'' of a ``consumer product'' that is ``distribute[d] in commerce,'' as those terms are defined in Sections 3(a)(5), (7), (8), and (11) of the CPSA, 15 U.S.C. Sec. 2052(a)(5), (7), (8), and (11). 7. B.O.B. was merged into Respondent in or around December 2011. Respondent assumed all assets and liabilities of B.O.B. and is the successor to B.O.B. 8. As successor to B.O.B., Respondent is responsible for any remedial action or other relief ordered by the Commission in this matter related to Strollers imported or distributed by B.O.B. or Respondent. 9. As an importer and distributor of the Strollers, Respondent is a ``manufacturer'' and ``distributor'' of a ``consumer product'' that is ``distribute[d] in commerce,'' as those terms are defined in Sections 3(a)(5), (7), (8), and (11) of the CPSA, 15 U.S.C. Sec. 2052(a)(5), (7), (8), and (11). The Consumer Product 10. The Strollers are various models of single and double occupant 3-wheeled B.O.B. jogging strollers designed with a dropout fork assembly and quick release (``QR'') mechanism. 11. Upon information and belief, the Strollers include the following models: Revolution, Sport Utility Stroller, Ironman, SUS Duallie, Ironman Duallie, Revolution SE, Revolution CE, Stroller Strides, Revolution SE Duallie, Stroller Strides Duallie, Revolution Pro, Revolution Pro Duallie, Revolution Flex, Revolution SE Plus, Revolution Flex Duallie, Revolution SE Duallie Plus, and Revolution SE Demo. 12. The Strollers are consumer products that were imported and distributed in U.S. commerce and offered for sale to consumers for their personal use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise. 13. Upon information and belief, the Strollers were manufactured by Fran Wheel Enterprise, Co., LTD in Shen Zhen City, Guang Dong, China. 14. Upon information and belief, B.O.B. designed the Strollers and imported and distributed an undetermined number of Strollers in U.S. commerce between 1997 and December 2011. 15. Upon information and belief, following B.O.B.'s merger into Respondent in or about December 2011, Respondent imported or distributed approximately 493,000 of the Strollers in U.S. commerce. 16. Upon information and belief, Respondent ceased importation of the Strollers in or about September 2015. 17. Upon information and belief, the Strollers were sold at mass retailers and independent stores nationwide for $400 to $650. 18. Upon information and belief, the Strollers are available for sale in second-hand markets. 19. Upon information and belief, the Strollers are designed with a dropout fork assembly that enables consumers to quickly detach and remove the wheel by engaging the QR lever. The QR lever is a device that supplies the clamping force required to hold the Stroller wheel securely in place. 20. Upon information and belief, the QR consists of two end nuts and springs on a skewer that is threaded through the center of the front wheel. An adjustment lever is attached to the end of the skewer. 21. Upon information and belief, the QR connects the front wheel to the front fork of the Stroller. The front fork consists of dropouts where the wheel is inserted and additional ridges that protrude from the fork ends to function as a secondary retention device. 22. A consumer who is assembling the Stroller for first use or who has detached the front wheel after using the Stroller must attach the front wheel and engage the QR correctly. 23. Upon information and belief, the same dropout assembly design is present on all Stroller models imported by B.O.B. and Respondent from 1997 through September 2015. The Defect Present in the Strollers 24. The design of the Strollers allows a consumer to operate the Stroller without the front wheel being secured correctly. 25. The Strollers are defective because the QR can fail to secure the front wheel to the fork, allowing the front wheel to detach suddenly during use. 26. The design of the Strollers allows consumers to attach the front wheel and engage the QR in a manner that indicates that the wheel is secured to the fork, when it is not. 27. If the QR is not engaged correctly, the front wheel can separate from the front fork of the Stroller during use, leading to sudden detachment. 28. Visual inspection does not enable consumers to determine whether the QR is engaged correctly and the front wheel is secured. 29. A consumer can believe that the QR is engaged correctly and will only discover the failure when the wheel detaches from the front fork while the Stroller is in use and the Stroller stops suddenly and unexpectedly. 30. When the front wheel of the Stroller detaches suddenly during use, the fork can plant or dig into the ground, causing the Stroller to come to an abrupt stop and tip over. 31. When the front wheel of the Stroller detaches suddenly, child occupants and adults who are operating the Strollers may suffer serious injuries. 32. In numerous instances, the instructions accompanying the Strollers do not mitigate this risk. 33. Upon information and belief, the instructions accompanying the Strollers include but are not limited to the following statement: ``[t]he front wheel is correctly clamped in place by the force generated when the quick release lever is closed and the cam action pulls the lever housing against one dropout, and pulls the adjusting nut against the other dropout, clamping the hub between the dropouts.'' 34. Upon information and belief, although Strollers sold after approximately June 2013 included a removable hang tag that addressed the hazard of an incorrectly adjusted QR, that warning is not available to consumers following first use. 35. Consumers may not read, may fail to follow, or may misunderstand the instructions on how to tighten the QR and secure the front wheel. 36. Despite following the instructions, consumers may nevertheless fail to correctly engage the QR lever. The Substantial Risk of Injury Posed by the Strollers 37. Upon information and belief, consumers have sustained injuries, some of which required medical treatment and surgery, when the QR failed to secure the front wheel of the Stroller, causing it to detach suddenly during use. 38. Upon information and belief, children have been injured when the QR failed to secure the front wheel of the Stroller, causing it to detach suddenly during use, and have sustained injuries including a concussion, injuries to the head and face requiring stitches, dental injuries, contusions, and abrasions. 39. Upon information and belief, adults have been injured when the QR failed to secure the front wheel of the Stroller, causing it to detach suddenly during use, and have sustained injuries including a torn labrum, fractured bones and torn ligaments, contusions, and abrasions. 40. Upon information and belief, children and adults were injured because the defective design of the Strollers allowed the front wheel to detach suddenly while the Stroller was in use. 41. The defect present in the Strollers creates a substantial risk of injury to adults and children when the QR fails to secure the front wheel to the fork, allowing the front wheel to detach suddenly during use. 42. The design defect presents a substantial risk of injury, because injuries, including serious injuries as defined in 16 C.F.R. Sec. 1115.6(c), are likely to occur and have occurred when the front wheel detaches. Legal Authority Under the CPSA 43. Under the CPSA, the Commission may order a firm to provide notice to the public and take remedial action if the Commission determines that a product ``presents a substantial product hazard.'' 15 U.S.C. Sec. 2064(c) and (d). 44. Under CPSA Section 15(a)(2), a ``substantial product hazard'' is ``a product defect which (because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise) creates a substantial risk of injury to the public.'' 15 U.S.C. Sec. 2064(a)(2). 45. A product may contain a design defect even if it is manufactured exactly in accordance with its design and specifications [[Page 8459]] if the design presents a risk of injury to the public. 16 C.F.R. Sec. 1115.4. 46. A design defect may also be present if a risk of injury occurs as a result of the operation or use of the product, or the failure of the product to operate as intended. 16 C.F.R. Sec. 1115.4. Count I The Strollers Are a Substantial Product Hazard Under Section 15(a)(2) of the CPSA, 15 U.S.C. Sec. 2064(a)(2), Because They Contain a Product Defect That Creates a Substantial Risk of Injury to the Public 47. Paragraphs 1 through 46 are hereby realleged and incorporated by reference as if fully set forth herein. 48. The Strollers are a consumer product. 49. The Respondent and B.O.B. imported and distributed Strollers which contain a product defect because the QR can fail to secure the front wheel to the fork, allowing the front wheel to detach suddenly during use. 50. The defect creates a substantial risk of injury to the public because of the pattern of defect, the number of defective products distributed in commerce, the severity of the risk, or otherwise. 51. Therefore, because the Strollers are defective and create a substantial risk of injury, the Strollers present a substantial product hazard within the meaning of Section 15(a)(2) of the CPSA, 15 U.S.C. Sec. 2064(a)(2). Relief Sought Wherefore, in the public interest, Complaint Counsel requests that the Commission: A. Determine that the Strollers present a ``substantial product hazard'' within the meaning of Section 15(a)(2) of the CPSA, 15 U.S.C. Sec. 2064(a)(2). B. Determine that extensive and effective public notification under Section 15(c) of the CPSA, 15 U.S.C. Sec. 2064(c), is required to adequately protect the public from the substantial product hazard presented by the Strollers, and order Respondents under Section 15(c) of the CPSA, 15 U.S.C. Sec. 2064(c), to: (1) Cease distribution of the Strollers; (2) Notify all persons that transport, store, distribute, or otherwise handle the Strollers, or to whom such Strollers have been transported, sold, distributed or otherwise handled, to immediately cease distribution of the Strollers; (3) Notify appropriate state and local public health officials; (4) Give prompt public notice of the defect in the Strollers, including the incidents and injuries associated with the use of the Strollers, including posting clear and conspicuous notice on Respondent's website, and providing notice to any third party website on which Respondent has placed the Strollers for sale, and provide further announcements in languages other than English and on radio and television; (5) Mail notice to each distributor or retailer of the Strollers; and (6) Mail notice to every person to whom the Strollers were delivered or sold. C. Determine that action under Section 15(d) of the CPSA, 15 U.S.C. Sec. 2064(d), is in the public interest and additionally order Respondent to: (1) Repair the defect in the Strollers; (2) Replace the Strollers with a like or equivalent product which does not contain the defect; (3) Refund the purchase price of the Stroller; (4) Make no charge to consumers, and to reimburse consumers, for any reasonable and foreseeable expenses incurred in availing themselves of any remedy provided under any Commission Order issued in this matter, as provided by Section 15(e)(1) of the CPSA, 15 U.S.C. Sec. 2064(e)(1); (5) Reimburse retailers for expenses in connection with carrying out any Commission Order issued in this matter, including the costs of returns, refunds and/or replacements, as provided by Section 15(e)(2) of the CPSA, 15 U.S.C. Sec. 2064(e)(2); (6) Submit a plan satisfactory to the Commission, within ten (10) days of service of the Final Order, directing that actions specified in Paragraphs B(1) through (6), and C(1) through (5) above be taken in a timely manner; (7) To submit monthly reports, in a format satisfactory to the Commission, documenting the progress of the corrective action program; (8) For a period of five (5) years after issuance of the Final Order in this matter, to keep records of its actions taken to comply with Paragraphs B(1) through (6), C(1) through (5), above, and supply these records to the Commission for the purpose of monitoring compliance with the Final Order; and (9) For a period of five (5) years after issuance of the Final Order in this matter, to notify the Commission at least sixty (60) days prior to any change in its business (such as incorporation, dissolution, assignment, sale, or petition for bankruptcy) that results in, or is intended to result in, the emergence of a successor corporation, going out of business, or any other change that might affect compliance obligations under a Final Order issued by the Commission in this matter. D. Order that Respondent shall take other and further actions as the Commission deems necessary to protect the public health and safety and to comply with the CPSA. ISSUED BY ORDER OF THE COMMISSION: Dated this 16th day of February, 2018 ----------------------------------------------------------------------- By: Robert Kaye, Assistant Executive Director. Office of Compliance and Field Investigation (301) 504-6960. Mary B. Murphy, Assistant General Counsel. Philip Z. Brown, Trial Attorney. Gregory M. Reyes, Trial Attorney, Complaint Counsel. Office of General Counsel, Division of Compliance, U.S. Consumer Product Safety Commission, Bethesda, MD 20814, Tel: (301) 504-7809. CERTIFICATE OF SERVICE I hereby certify that on February 16, 2018, I served the foregoing Complaint and List and Summary of Documentary Evidence upon all parties of record in these proceedings by mailing, certified mail and Federal Express, postage prepaid, a copy to each at their principal place of business, and e-mailing a courtesy copy to counsel, as follows: Britax Child Safety, Inc. 4140 Pleasant Road Fort Mill, SC 29708 Erika Z. Jones Mayer Brown LLP 1999 K Street, NW Washington, DC 20006 [email protected] ----------------------------------------------------------------------- Mary B. Murphy, Complaint Counsel for U.S. Consumer Product Safety Commission. [FR Doc. 2018-03934 Filed 2-26-18; 8:45 am] BILLING CODE 6355-01-P
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removed that contain comments on the and provided 60 days for public CONSUMER PRODUCT SAFETY
merits of the ICR will be retained in the comment on the proposed extension, 82 COMMISSION
public comment file and will be FR 57430, December 5, 2017 (‘‘60-Day
[CPSC Docket No. 18–1]
considered as required under the Notice’’). The Commission did not
Administrative Procedure Act and other receive any comments. Accordingly, it Britax Child Safety, Inc.; Complaints
applicable laws, and may be accessible has not altered the burden estimates set
under the Freedom of Information Act. forth in the 60-Day Notice. AGENCY: Consumer Product Safety
A copy of the supporting statements Commission.
for the collection of information Burden Statement ACTION: Publication of a Complaint
discussed herein may be obtained by under the Consumer Product Safety Act.
As noted above, this information
visiting http://RegInfo.gov.
collection renewal involves the SUMMARY: Under provisions of its Rules
FOR FURTHER INFORMATION CONTACT:
financial reporting requirement of Practice for Adjudicative Proceeding,
Jocelyn Partridge, Special Counsel,
contained in section 39.11 of the the Consumer Product Safety
Division of Clearing and Risk, (202)
Commission’s regulations. Specifically, Commission must publish in the
418–5926, email: jpartridge@cftc.gov.
it involves the requirements that a DCO Federal Register Complaints which it
SUPPLEMENTARY INFORMATION:
that is registered with the Commission issues. Published below is a Complaint:
Title: Financial Resource report certain information regarding the In the matter of Britax Child Safety,
Requirements for Derivatives Clearing Inc.1
DCO’s financial resources, the value
Organizations (OMB Control No. 3038–
thereof, and the basis for these SUPPLEMENTARY INFORMATION: The text of
0066). This is a request for an extension
calculations that is necessary to assess the Complaint appears below.
of a currently approved information
collection. the DCO’s compliance with the financial Dated: February 22, 2018.
Abstract: This collection of resources requirements of the CEA and Alberta E. Mills,
information involves the financial Commission regulations. The Secretary, Consumer Product Safety
resource reporting requirements set Commission has revised its estimate of Commission.
forth in section 39.11 of the the total annual burden hours for this
United States of America
Commission’s regulations. Section collection to account for an increase in
5b(c)(2) of the Commodity Exchange Act the number of respondents (from 14 to Consumer Product Safety Commission
(‘‘CEA’’ or ‘‘Act’’) 2 sets forth certain 17), but has maintained the original In the Matter of: Britax Child Safety, Inc.
core principles with which a derivatives burden hour estimate of 10 hours per Respondent.
clearing organization (‘‘DCO’’) must quarterly report as the reporting CPSC Docket No.: 18–1
comply in order to become registered requirements have remain unchanged.
COMPLAINT
with the Commission and to maintain The respondent burden for this
such registration. One of these core information collection is estimated to be Nature of the Proceedings
principles, core principle B, sets forth as follows: 1. This is an administrative enforcement
the financial resource requirements • Estimated Annual Number of
proceeding pursuant to Section 15 of the
applicable to DCOs. Section 5b(c)(2) Consumer Product Safety Act (‘‘CPSA’’), as
Respondents: 17. amended, 15 U.S.C. § 2064, for public
also requires DCOs to comply with the
regulations promulgated by the • Estimated Annual Number of notification and remedial action to protect
Reports per Respondent: 4. the public from the substantial risks of injury
Commission pursuant to section 8a(5) of
presented by various models of single and
the Act.3 Section 39.11 of the • Estimated Total Annual Number of double occupant B.O.B. jogging strollers
Commission’s regulations, which Responses: 68. designed with a dropout fork assembly and
implements core principle B, includes quick release mechanism (‘‘Strollers’’), which
• Estimated Average Number of
the financial resource reporting were imported and distributed by B.O.B.
requirements that are the subject of this Hours per Response: 10. Trailers, Inc. (‘‘B.O.B.’’) and Britax Child
information collection. The information • Estimated Average Annual Burden Safety, Inc. (‘‘Respondent’’).
collection is necessary for, and would Hours per Respondent: 40. 2. This proceeding is governed by the
Rules of Practice for Adjudicative
be used by, the Commission to evaluate • Estimated Total Annual Burden Proceedings before the Consumer Product
a DCO’s compliance with the financial Hours: 680 hours. Safety Commission (the ‘‘Commission’’), 16
resource requirements for DCOs
prescribed in the CEA, including core • Frequency of collection: Quarterly C.F.R. Part 1025.
principle B, and the Commission’s and on occasion. Jurisdiction
regulations. • Type of Respondents: derivatives 3. This proceeding is instituted pursuant to
An agency may not conduct or clearing organizations. the authority contained in Sections 15(c), (d),
sponsor, and a person is not required to and (f) of the CPSA, 15 U.S.C. § 2064(c), (d),
There are no capital or start-up costs and (f).
respond to, a collection of information associated with this information
unless it displays a currently valid OMB collection, nor are there any operating Parties
number. On December 5, 2017, the or maintenance costs associated with 4. Complaint Counsel is the staff of the
Commission published in the Federal Division of Compliance within the Office of
this information collection.
Register notice of the proposed the General Counsel of the Commission
extension of this information collection Authority: 44 U.S.C. 3501 et seq. (‘‘Complaint Counsel’’). The Commission is
daltland on DSKBBV9HB2PROD with NOTICES
Dated: February 22, 2018. an independent federal regulatory agency
27 U.S.C. 7a–1(c)(2).
3 Section 8a(5) of the CEA authorizes the Robert N. Sidman, 1 The Commission voted 3–1 to authorize
Commission to promulgate such rules and Deputy Secretary of the Commission. issuance of this Complaint. Commissioners Robert
regulations as, in the judgement of the Commission, [FR Doc. 2018–03950 Filed 2–26–18; 8:45 am] S. Adler, Marietta S. Robinson, and Elliot F. Kaye
are reasonably necessary to effectuate any of the voted to authorize issuance of the Complaint.
provisions or to accomplish any of the purposes of BILLING CODE 6351–01–P Acting Chairman Buerkle voted to not authorize
the CEA. 7 U.S.C. 12a(5). issuance of the Complaint.
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established pursuant to Section 4 of the 18. Upon information and belief, the when the quick release lever is closed and
CPSA, 15 U.S.C. § 2053. Strollers are available for sale in second-hand the cam action pulls the lever housing
5. Respondent is a South Carolina markets. against one dropout, and pulls the adjusting
corporation with its principal place of 19. Upon information and belief, the nut against the other dropout, clamping the
business located at 4140 Pleasant Road, Fort Strollers are designed with a dropout fork hub between the dropouts.’’
Mill, South Carolina 29708. assembly that enables consumers to quickly 34. Upon information and belief, although
6. Upon information and belief, detach and remove the wheel by engaging the Strollers sold after approximately June 2013
Respondent acquired B.O.B. in October 2011. QR lever. The QR lever is a device that included a removable hang tag that addressed
Prior to its acquisition by Respondent, B.O.B. supplies the clamping force required to hold the hazard of an incorrectly adjusted QR, that
was a ‘‘manufacturer’’ and ‘‘distributor’’ of a the Stroller wheel securely in place. warning is not available to consumers
‘‘consumer product’’ that is ‘‘distribute[d] in 20. Upon information and belief, the QR following first use.
commerce,’’ as those terms are defined in consists of two end nuts and springs on a 35. Consumers may not read, may fail to
Sections 3(a)(5), (7), (8), and (11) of the skewer that is threaded through the center of follow, or may misunderstand the
CPSA, 15 U.S.C. § 2052(a)(5), (7), (8), and the front wheel. An adjustment lever is instructions on how to tighten the QR and
(11). attached to the end of the skewer. secure the front wheel.
7. B.O.B. was merged into Respondent in 21. Upon information and belief, the QR 36. Despite following the instructions,
or around December 2011. Respondent connects the front wheel to the front fork of consumers may nevertheless fail to correctly
assumed all assets and liabilities of B.O.B. the Stroller. The front fork consists of engage the QR lever.
and is the successor to B.O.B. dropouts where the wheel is inserted and
8. As successor to B.O.B., Respondent is additional ridges that protrude from the fork The Substantial Risk of Injury Posed by the
responsible for any remedial action or other ends to function as a secondary retention Strollers
relief ordered by the Commission in this device. 37. Upon information and belief,
matter related to Strollers imported or 22. A consumer who is assembling the consumers have sustained injuries, some of
distributed by B.O.B. or Respondent. Stroller for first use or who has detached the which required medical treatment and
9. As an importer and distributor of the front wheel after using the Stroller must surgery, when the QR failed to secure the
Strollers, Respondent is a ‘‘manufacturer’’ attach the front wheel and engage the QR front wheel of the Stroller, causing it to
and ‘‘distributor’’ of a ‘‘consumer product’’ correctly. detach suddenly during use.
that is ‘‘distribute[d] in commerce,’’ as those 23. Upon information and belief, the same 38. Upon information and belief, children
terms are defined in Sections 3(a)(5), (7), (8), dropout assembly design is present on all have been injured when the QR failed to
and (11) of the CPSA, 15 U.S.C. § 2052(a)(5), Stroller models imported by B.O.B. and secure the front wheel of the Stroller, causing
(7), (8), and (11). Respondent from 1997 through September it to detach suddenly during use, and have
2015. sustained injuries including a concussion,
The Consumer Product injuries to the head and face requiring
10. The Strollers are various models of The Defect Present in the Strollers
stitches, dental injuries, contusions, and
single and double occupant 3-wheeled B.O.B. 24. The design of the Strollers allows a abrasions.
jogging strollers designed with a dropout fork consumer to operate the Stroller without the 39. Upon information and belief, adults
assembly and quick release (‘‘QR’’) front wheel being secured correctly. have been injured when the QR failed to
mechanism. 25. The Strollers are defective because the secure the front wheel of the Stroller, causing
11. Upon information and belief, the QR can fail to secure the front wheel to the it to detach suddenly during use, and have
Strollers include the following models: fork, allowing the front wheel to detach sustained injuries including a torn labrum,
Revolution, Sport Utility Stroller, Ironman, suddenly during use. fractured bones and torn ligaments,
SUS Duallie, Ironman Duallie, Revolution 26. The design of the Strollers allows contusions, and abrasions.
SE, Revolution CE, Stroller Strides, consumers to attach the front wheel and 40. Upon information and belief, children
Revolution SE Duallie, Stroller Strides engage the QR in a manner that indicates that and adults were injured because the defective
Duallie, Revolution Pro, Revolution Pro the wheel is secured to the fork, when it is design of the Strollers allowed the front
Duallie, Revolution Flex, Revolution SE Plus, not. wheel to detach suddenly while the Stroller
Revolution Flex Duallie, Revolution SE 27. If the QR is not engaged correctly, the was in use.
Duallie Plus, and Revolution SE Demo. front wheel can separate from the front fork 41. The defect present in the Strollers
12. The Strollers are consumer products of the Stroller during use, leading to sudden creates a substantial risk of injury to adults
that were imported and distributed in U.S. detachment. and children when the QR fails to secure the
commerce and offered for sale to consumers 28. Visual inspection does not enable front wheel to the fork, allowing the front
for their personal use in or around a consumers to determine whether the QR is wheel to detach suddenly during use.
permanent or temporary household or engaged correctly and the front wheel is 42. The design defect presents a substantial
residence, a school, in recreation, or secured. risk of injury, because injuries, including
otherwise. 29. A consumer can believe that the QR is serious injuries as defined in 16 C.F.R.
13. Upon information and belief, the engaged correctly and will only discover the § 1115.6(c), are likely to occur and have
Strollers were manufactured by Fran Wheel failure when the wheel detaches from the occurred when the front wheel detaches.
Enterprise, Co., LTD in Shen Zhen City, front fork while the Stroller is in use and the
Guang Dong, China. Stroller stops suddenly and unexpectedly. Legal Authority Under the CPSA
14. Upon information and belief, B.O.B. 30. When the front wheel of the Stroller 43. Under the CPSA, the Commission may
designed the Strollers and imported and detaches suddenly during use, the fork can order a firm to provide notice to the public
distributed an undetermined number of plant or dig into the ground, causing the and take remedial action if the Commission
Strollers in U.S. commerce between 1997 and Stroller to come to an abrupt stop and tip determines that a product ‘‘presents a
December 2011. over. substantial product hazard.’’ 15 U.S.C.
15. Upon information and belief, following 31. When the front wheel of the Stroller § 2064(c) and (d).
B.O.B.’s merger into Respondent in or about detaches suddenly, child occupants and 44. Under CPSA Section 15(a)(2), a
December 2011, Respondent imported or adults who are operating the Strollers may ‘‘substantial product hazard’’ is ‘‘a product
distributed approximately 493,000 of the suffer serious injuries. defect which (because of the pattern of
daltland on DSKBBV9HB2PROD with NOTICES
Strollers in U.S. commerce. 32. In numerous instances, the instructions defect, the number of defective products
16. Upon information and belief, accompanying the Strollers do not mitigate distributed in commerce, the severity of the
Respondent ceased importation of the this risk. risk, or otherwise) creates a substantial risk
Strollers in or about September 2015. 33. Upon information and belief, the of injury to the public.’’ 15 U.S.C.
17. Upon information and belief, the instructions accompanying the Strollers § 2064(a)(2).
Strollers were sold at mass retailers and include but are not limited to the following 45. A product may contain a design defect
independent stores nationwide for $400 to statement: ‘‘[t]he front wheel is correctly even if it is manufactured exactly in
$650. clamped in place by the force generated accordance with its design and specifications
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if the design presents a risk of injury to the the public interest and additionally order Summary of Documentary Evidence upon all
public. 16 C.F.R. § 1115.4. Respondent to: parties of record in these proceedings by
46. A design defect may also be present if (1) Repair the defect in the Strollers; mailing, certified mail and Federal Express,
a risk of injury occurs as a result of the (2) Replace the Strollers with a like or postage prepaid, a copy to each at their
operation or use of the product, or the failure equivalent product which does not contain principal place of business, and e-mailing a
of the product to operate as intended. 16 the defect; courtesy copy to counsel, as follows:
C.F.R. § 1115.4. (3) Refund the purchase price of the Britax Child Safety, Inc.
Stroller; 4140 Pleasant Road
Count I
(4) Make no charge to consumers, and to Fort Mill, SC 29708
The Strollers Are a Substantial Product reimburse consumers, for any reasonable and
Erika Z. Jones
Hazard Under Section 15(a)(2) of the CPSA, foreseeable expenses incurred in availing
themselves of any remedy provided under Mayer Brown LLP
15 U.S.C. § 2064(a)(2), Because They Contain
any Commission Order issued in this matter, 1999 K Street, NW
a Product Defect That Creates a Substantial
as provided by Section 15(e)(1) of the CPSA, Washington, DC 20006
Risk of Injury to the Public
15 U.S.C. § 2064(e)(1); ejones@mayerbrown.com
47. Paragraphs 1 through 46 are hereby lllllllllllllllllllll
realleged and incorporated by reference as if (5) Reimburse retailers for expenses in
connection with carrying out any Mary B. Murphy, Complaint Counsel for U.S.
fully set forth herein.
Commission Order issued in this matter, Consumer Product Safety Commission.
48. The Strollers are a consumer product.
49. The Respondent and B.O.B. imported including the costs of returns, refunds and/ [FR Doc. 2018–03934 Filed 2–26–18; 8:45 am]
and distributed Strollers which contain a or replacements, as provided by Section BILLING CODE 6355–01–P
product defect because the QR can fail to 15(e)(2) of the CPSA, 15 U.S.C. § 2064(e)(2);
secure the front wheel to the fork, allowing (6) Submit a plan satisfactory to the
the front wheel to detach suddenly during Commission, within ten (10) days of service
use. of the Final Order, directing that actions DEPARTMENT OF DEFENSE
50. The defect creates a substantial risk of specified in Paragraphs B(1) through (6), and
injury to the public because of the pattern of C(1) through (5) above be taken in a timely Department of the Army
defect, the number of defective products manner;
[Docket ID: USA–2018–HQ–0003]
distributed in commerce, the severity of the (7) To submit monthly reports, in a format
risk, or otherwise. satisfactory to the Commission, documenting
Proposed Collection; Comment
51. Therefore, because the Strollers are the progress of the corrective action program;
(8) For a period of five (5) years after Request
defective and create a substantial risk of
injury, the Strollers present a substantial issuance of the Final Order in this matter, to AGENCY: Department of Army, DoD.
product hazard within the meaning of keep records of its actions taken to comply
Section 15(a)(2) of the CPSA, 15 U.S.C. with Paragraphs B(1) through (6), C(1) ACTION: Information collection notice.
§ 2064(a)(2). through (5), above, and supply these records
to the Commission for the purpose of In compliance with the
SUMMARY:
Relief Sought monitoring compliance with the Final Order; Paperwork Reduction Act of 1995, the
Wherefore, in the public interest, and Office of the Chief of Staff of the Army
Complaint Counsel requests that the (9) For a period of five (5) years after announces a proposed public
Commission: issuance of the Final Order in this matter, to information collection and seeks public
A. Determine that the Strollers present a notify the Commission at least sixty (60) days comment on the provisions thereof.
‘‘substantial product hazard’’ within the prior to any change in its business (such as Comments are invited on: Whether the
meaning of Section 15(a)(2) of the CPSA, 15 incorporation, dissolution, assignment, sale,
U.S.C. § 2064(a)(2). proposed collection of information is
or petition for bankruptcy) that results in, or
B. Determine that extensive and effective necessary for the proper performance of
is intended to result in, the emergence of a
public notification under Section 15(c) of the successor corporation, going out of business, the functions of the agency, including
CPSA, 15 U.S.C. § 2064(c), is required to or any other change that might affect whether the information shall have
adequately protect the public from the compliance obligations under a Final Order practical utility; the accuracy of the
substantial product hazard presented by the issued by the Commission in this matter. agency’s estimate of the burden of the
Strollers, and order Respondents under D. Order that Respondent shall take other proposed information collection; ways
Section 15(c) of the CPSA, 15 U.S.C. and further actions as the Commission deems
§ 2064(c), to: to enhance the quality, utility, and
necessary to protect the public health and clarity of the information to be
(1) Cease distribution of the Strollers;
safety and to comply with the CPSA. collected; and ways to minimize the
(2) Notify all persons that transport, store,
distribute, or otherwise handle the Strollers, ISSUED BY ORDER OF THE COMMISSION: burden of the information collection on
or to whom such Strollers have been Dated this 16th day of February, 2018 respondents, including through the use
transported, sold, distributed or otherwise of automated collection techniques or
handled, to immediately cease distribution of lllllllllllllllllllll
other forms of information technology.
the Strollers; By: Robert Kaye,
(3) Notify appropriate state and local Assistant Executive Director. DATES : Consideration will be given to all
public health officials; Office of Compliance and Field Investigation comments received by April 30, 2018.
(4) Give prompt public notice of the defect (301) 504–6960. ADDRESSES: You may submit comments,
in the Strollers, including the incidents and identified by docket number and title,
injuries associated with the use of the Mary B. Murphy,
Strollers, including posting clear and Assistant General Counsel. by any of the following methods:
conspicuous notice on Respondent’s website, Philip Z. Brown, • Federal eRulemaking Portal: http://
and providing notice to any third party Trial Attorney. www.regulations.gov. Follow the
website on which Respondent has placed the Gregory M. Reyes, instructions for submitting comments.
Strollers for sale, and provide further Trial Attorney, Complaint Counsel. • Mail: Department of Defense, Office
daltland on DSKBBV9HB2PROD with NOTICES
announcements in languages other than Office of General Counsel, Division of of Chief Management Officer,
English and on radio and television; Compliance, U.S. Consumer Product Safety Directorate for Oversight and
(5) Mail notice to each distributor or Commission, Bethesda, MD 20814, Tel: (301)
Compliance, 4800 Mark Center Drive,
retailer of the Strollers; and 504–7809.
(6) Mail notice to every person to whom Mailbox #24, Suite 08D09B, Alexandria,
the Strollers were delivered or sold. CERTIFICATE OF SERVICE VA 22350–1700.
C. Determine that action under Section I hereby certify that on February 16, 2018, Instructions: All submissions received
15(d) of the CPSA, 15 U.S.C. § 2064(d), is in I served the foregoing Complaint and List and must include the agency name, docket
VerDate Sep<11>2014 19:49 Feb 26, 2018 Jkt 244001 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\27FEN1.SGM 27FEN1](https://thefederalregister.org/doc/83_FR_8496/page/3.svg)
Document Created: 2018-02-27 01:14:28
Document Modified: 2018-02-27 01:14:28
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Publication of a Complaint under the Consumer Product Safety Act. | |
| FR Citation | 83 FR 8457 |
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