[Federal Register: March 25, 1999 (Volume 64, Number 57)]
[Notices]               
[Page 14436]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr99-53]

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CONSUMER PRODUCT SAFETY COMMISSION

[CPSC Docket No. 99-1]

 
Cadet Manufacturing Company; Prehearing Conference

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of first prehearing conference.

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DATE: This notice announces a prehearing conference to be held in the 
matter of Cadet Manufacturing Company on April 12, 1999, at 1:00 p.m. 
(EDT).
    Location: The prehearing conference will be via conference 
telephone call. Pursuant to 16 C.F.R. 1025.21(d) and 1025.47, the 
conference shall be stenographically reported.

FOR FURTHER INFORMATION CONTACT: For additional information contact 
Sadye E. Dunn, Secretary, U.S. Consumer Product Safety Commission, 
Washington, DC 20207; telephone (301) 504-0800, ext. 1230; facsimile 
(301) 504-0127.

SUPPLEMENTARY INFORMATION: This public notice is issued pursuant to 16 
CFR 1025.21(b) of the U.S. Consumer Product Safety Commission's Rules 
of Practice for Adjudicative Proceedings to inform the public that a 
prehearing conference will be held in an administrative proceeding 
under Section 15 of the Consumer Product Safety Act (CPSA), captioned 
CPSC Docket No. 99-1, In the Matter of Cadet Manufacturing Company 
(``Cadet''). The Presiding Officer in the proceeding is United States 
Administrative Law Judge William B. Moran. The Presiding Officer has 
determined that, for good and sufficient cause, the time period for 
holding this first prehearing conference had to be extended to the date 
announced above, which date is beyond the fifty (50) day period 
referenced in 16 CFR 1025.21(a).
    The public is referred generally to the Code of Federal Regulations 
citation listed above for identification of the issues to be raised at 
the conference, but the chief purpose will be to establish a schedule 
for discovery and for the initial exchange of witness lists, prepared 
testimony, and documents. The public is also advised that the date, 
time and location of the hearing will be established at the conference.
    Substantively, the issue being litigated in this proceeding is 
described by the Presiding Officer as whether, as alleged in the 
Complaint, certain electric in-wall heaters manufactured by Cadet are 
defective in that their design causes overheating and fire hazards. The 
Complaint also asserts that the identified models have manufacturing or 
assembly defects created by inadequate or faulty components and/or 
contacts which cause overheating and multiple fire-related hazards.
    On this basis it is alleged that the heater models identified in 
the Complaint present a ``substantial product hazard'' within the 
meaning of Section 15(a)(2) of the CPSA, 15 U.S.C. 2064(a)(2).
    In response, Cadet's Answer denies, generally and specifically, the 
allegations that its products are defective and that its heaters 
present a substantial product hazard within the meaning of the CPSA.
    Should the allegations be proven, Complaint Counsel for the Office 
of Compliance of the U.S. Consumer Product Safety Commission seeks a 
finding that the product presents a substantial product hazard and that 
public notification be made pursuant to section 15(c) of the CPSA and 
that other appropriate relief be directed, as set forth in the 
Complaint.

    Dated: March 19, 1999.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 99-7226 Filed 3-24-99; 8:45 am]
BILLING CODE 6355-01-M