Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Notices 36667

reporting requirements and revises a

permit special condition. The permit

holder possesses a 5-year scientific

research permit to take listed sea turtles

incidentally taken in foreign and

domestic commercial fisheries operating

in state waters and the Exclusive

Economic Zone in the Northwest

Atlantic Ocean. The work will be

conducted by scientific observers

aboard commercial fishing vessels. This

research supports the National Marine

Fisheries Service’s mission of assessing

the impacts of commercial fisheries on

marine resources of interest to the

United States. Amendment #1 to Permit

1178 was issued on May 31, 2000,

authorizing take of listed species. Permit

1178 expires December 21, 2003.

Notice was published on January 14,

2000 (65 FR 2381) that Dr. Llewellyn M.

Ehrhart, of the University of Central

Florida, Dept of Biological Science

applied for a scientific research permit

(1231). The Recovery Plan for the U.S.

Population of Atlantic Green Turtle

states that the foremost problem in

management and conservation of sea

turtles is the lack of basic biological

information. This study proposes to

capture turtles living in the Indian River

Lagoon Estuary of central Florida in

Brevard and Indian River counties. The

data provided by the study will include

information regarding habitat

requirements, seasonal distribution and

abundance, movement and growth,

feeding preferences, sex distribution

and the prevalence and severity of

fibropapilloma. Permit 1231 was issued

on May 31, 2000, authorizing take of

listed species. Permit 1231 expires

March 31, 2005.

Dated: June 5, 2000.

Wanda L. Cain,

Chief, Endangered Species Division, Office

of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 00–14673 Filed 6–8–00; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 051000A]

Marine Mammals; Permit No. 1004

(P595)

AGENCY: National Marine Fisheries

Service, (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Scientific research permit

amendment.

SUMMARY: Notice is hereby given that a

request for amendment of scientific

research no. 1004 submitted by the

Whale Conservation Institute/Ocean

Alliance, 191 Weston Road, Lincoln,

MA 01773, has been granted.

ADDRESSES: The amendment and related

documents are available for review

upon written request or by appointment,

in the following offices:

Permits Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Room 13705, Silver Spring,

MD 20910 (301/713–2289); and

Director, Northeast Region, NMFS,

One Blackburn Drive, Gloucester, MA

01930–2298 (508/281–9250).

FOR FURTHER INFORMATION CONTACT:

Ruth Johnson, 301/713–2289.

SUPPLEMENTARY INFORMATION: February

11, 2000, notice was published in the

Federal Register (65 FR 6997) that an

amendment of permit no. 1004, issued

June 21, 1996 (61 FR 33906) had been

requested by the above-named

organization. The requested amendment

has been granted under the authority of

the Marine Mammal Protection Act of

1972 as amended (16 U.S.C. 1361 et

seq.), the Regulations Governing the

Taking and Importing of Marine

Mammals (50 CFR part 216), the

Endangered Species Act of 1973 as

amended (ESA, 16 U.S.C. 1531 et seq.),

and the regulations governing

endangered and threatened species (50

CFR parts 222–226).

Permit No. 1004 has been amended to:

(1) extend the expiration date of the

permit to December 31, 2000; (2)

increase the number of imported tissue

samples from all species, except

southern right whale (Eubalaena

australis); and (3) increase locations

from which samples may be imported.

Issuance of this amendment as

required by the ESA of 1973 was based

on a finding that the permit: (1) was

applied for in good faith; (2) will not

operate to the disadvantage of the

endangered species which is the subject

of this permit; and (3) is consistent with

the purposes and policies set forth in

Section 2 of the ESA.

Dated: June 5, 2000.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 00–14674 Filed 6–8–00; 8:45 am]

BILLING CODE 3510–22–F

COMMODITY FUTURES TRADING

COMMISSION

Application of BrokerTec Futures

Exchange, L.L.C. for Designation as a

Contract Market in U.S. Treasury Note

and U.S. Treasury Bond Futures

Contracts

AGENCY: Commodity Futures Trading

Commission.

ACTION: Notice of availability of the

terms and conditions of proposed

commodity futures contracts.

SUMMARY: BrokerTec Futures Exchange,

L.L.C. (‘‘BTEX’’ or ‘‘Exchange’’) has

applied for designation as a contract

market for the automated trading of

futures contracts on short-term U.S.

Treasury Notes (2 Year), medium-term

U.S. Treasury Notes (5 Year), long-term

U.S. Treasury Notes (61⁄2–10 Year), and

U.S. Treasury Bonds (15–30 Year) on an

electronic trading system, the BrokerTec

Execution Capability (‘‘BTEC’’) trading

system.

The Exchange has not previously been

approved by the Commodity Futures

Trading Commission (‘‘Commission’’) as

a contract market in any commodity.

Accordingly, in addition to the terms

and conditions of the four proposed

futures contracts, BTEX has submitted

to the Commission a proposed tradematching algorithm; proposed bylaws

and rules pertaining to BTEX

membership, governance, trading

standards and disciplinary and

arbitration procedures; and various

other materials to meet the requirements

for a board of trade seeking initial

designation as a contract market.

BTEX’s submission also includes

various proposed bylaws and rules of

the BrokerTec Clearing Company, L.L.C.

(‘‘BCC’’), an affiliate that would be

responsible for clearing and settlement

functions for the Exchange.

Acting pursuant to the authority

delegated by Commission Regulation

140.96, the Division of Economic

Analysis and the Division of Trading

and Markets have determined to publish

the Exchange’s proposal for public

comment. The Divisions believe that

publication of the proposal for comment

at this time is in the public interest, will

assist the Commission in considering

the views of interested persons, and is

consistent with the Commodity

Exchange Act. The Divisions seek

comment regarding all aspects of

BTEX’s application and addressing any

issues commenters believe the

Commission should consider.

DATES: Comments must be received on

or before July 10, 2000.

36668 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Notices

1 Included as shareholders are the following: ABN

AMRO Bank N.V., Banco Santander Central

Hispano, S.A., Barclays Electronic Commerce

Holdings, Inc., Credit Suisse First Boston, Inc., DB

U.S. Financial Markets Holding Corporation,

Dresdner Bank, AG, The Goldman Sachs Group,

Inc., LB I Group, Inc., Merrill Lynch L.P. Holdings

Inc., Morgan Stanley Dean Witter & Co., Salomon

Brothers Holding Company Inc., and UBS (USA)

Inc. BrokerTec’s operating subsidiaries are

headquartered in Jersey City, New Jersey, and

London.

2Only the holders of Class A shares would be

entitled to receive any dividends or distributions

that may be declared or paid by the Exchange,

including upon liquidation.

3Other Board responsibilities would include,

among others, setting executive compensation,

imposing dues or other charges upon Class B and

Class C members of the Exchange, imposing or

reducing fees or charges for contracts effected on or

subject to the Exchange’s rules, and appointing the

following committees: Adjudication, Appeals,

Arbitration, Business Conduct, Membership,

Nominating, and trade Review. Certain specified

actions relating to corporate and business matters,

such as mergers or acquisitions, joint ventures or

similar arrangements, and eligibility standards for

membership, may be taken by a majority of the

Class A Directors, regardless of the votes of other

members of the Board, and may not be taken

without the concurrence of a majority of the Class

A Directors. Certain other specified matters,

including appointment of a chief executive officer

and any action to approve or modify the Exchange’s

budget, may be taken only with the concurrence of

a majority of the Class A Directors.

4BBC is organized as a Delaware limited liability

company with two classes shares. Class A shares

would be held by BrokerTec or an affiliate thereof,

and possibly other entities with whom BrokerTec

may become associated. Class B shares would be

held by BCC members in proportion to their

contributions to the BCC Guaranty Fund, thereby

providing them with the ability to participate in the

governance of BCC in proportion to the amount of

capital they would have at risk in the BTEX market.

Once operational, BCC would be governed by a

Board of Directors comprised of one Class A

Director and eight Class B Directors. Dividends or

other distributions that may be declared or

approved by BCC’s Board of Directors would be

payable as follows: 75 percent to holders of Class

A stock and 25 percent to holders of Class B stock.

Certain specified actions relating to corporate and

business matters, such as mergers, consolidations,

joint ventures, alliances or similar arrangements,

and the creation of any new class of members, may

be taken by a majority of the Class A Directors,

regardless of the votes of other members of the

Board of Directors, and may not be taken without

the concurrence of a majority of the Class A

Directors. Certain other specified matters, including

any action to dissolve, liquidate or wind up BCC,

appointment of the President, and any action to

approve or modify BCC’s budget, may be taken only

with the concurrence of a majority of the Class A

Directors.

5Required deposits would be determined in

accordance with a formula based on cleared volume

and open interest over the previous six months.

6OM and BrokerTec have executed numerous

agreements governing the design, development, and

implementation of the BrokerTec trading platform,

proprietary network, and facilities management

support. The parties are currently completing

FOR FURTHER INFORMATION CONTACT:

With respect to questions about the

terms and conditions of BTEX’s

proposed futures contracts, please

contact Michael A. Penick, Industry

Economist, Division of Economic

Analysis, Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, NW, Washington, Dc

20581: telephone number (202) 418–

5279; facsimile number (202) 418–5527;

or electronic mail: mpenick@cftc.gov.

With respect to BTEX’s and BCC’s other

proposed rules, please contact Duane C.

Andresen, Special Counsel, Division of

Trading and Markets, at the same

address; telephone number: (202) 418–

5492; facsimile number (202) 418–5536;

or electronic mail: dandresen@cftc.gov.

SUPPLEMENTARY INFORMATION:

I. Description of Proposal

By letter dated and received May 8,

2000, BTEX, an affiliate of BrokerTec

Global, L.L.C. (‘‘BrokerTec’’), which

includes 12 of the world’s largest debt

and capital markets dealers as its

shareholders,1 has applied to the

Commission for designation as a contact

market for electronic trading of futures

contracts on short-term U.S. Treasury

Notes (2 Year), medium-term U.S.

treasury Notes (5 Year), long-term U.S.

Treasury Notes (61⁄2–10 Year), and U.S.

Treasury Bonds (15–30 Year). The

Exchange has not previously been

approved as a contract market in any

commodity. Thus, in addition to the

terms and conditions of the four

proposed futures contracts, BTEX has

submitted, among other things, a

proposed trade-matching algorithm and

proposed bylaws and rules pertaining to

BTEX membership rights and

obligations, governance, trading

standards and disciplinary and

arbitration procedures. BTEX’s

submission also includes various

proposed BCC bylaws and rules.

BTEX is organized as a Delaware

limited liability company with three

classes of shares. Class A shares would

be held by BrokerTec or an affiliate

thereof, and possibly other entities with

whom BrokerTec may become

associated.2 Class B shares would be

held by BTEX clearing members in

proportion to their contributions to the

BCC Guaranty Fund, thereby providing

them with the ability to participate in

the governance of BTEX in proportion to

the amount of capital they would have

at risk in connection with trading at

BTEX. Class C shares would be held by

BTEX members who were on nonclearing members. Once operational, the

Exchange would be governed by a Board

of Directors (‘‘Board’’), which would

include one Class A Director, ten Class

B directors, one Class C Director, and

three public Directors, chosen by the

Board. At its annual meeting, the Board

would appoint a chairman of the Board,

President, Secretary, and Treasurer, and

could appoint one or more Vice

Presidents, Assistant Secretaries,

Assistant Treasurers, and such other

officers as may be required.3 The

President would be the chief executive

officer of the Exchange. BCC would

similarly be governed by a Board of

Directors that would, among other

things, appoint a President as chief

executive officer of the company.4

Eligibility requirements for BTEX

membership would include

demonstration of operational

capabilities deemed appropriate by the

Exchange in light of the applicant’s

anticipated type and level of trading

activity. A non-clearing member would

be required to make a security deposit,

purchase one share of Class C stock, and

file an agreement under which a

clearing member would agree to accept

for clearing any transactions effected by

the non-clearing member which were

not accepted for clearing by any other

clearing member. Any Exchange

member could become a clearing

member, provided that it met certain net

capital and other specified

requirements, including operational

capacity. A clearing member would be

required to purchase a number of Class

B shares that is approximately the same

proportion of the total number of

outstanding shares of Class B stock as

the amount required to be deposited by

the clearing member into BCC’s

Guaranty Fund bears to the total amount

required to be on deposit in the

Guaranty Fund.5 Each member would

be responsible for diligently supervising

all activities of its employees relating to

transactions affected on the Exchange or

subject to its rules, including those

employees who have access to BTEC

(‘‘Authorized Traders’’). Each member

would also be required to establish a

working connection with BTEC and be

responsible for training and testing its

employees with respect to BTEX rules

and the proper use of BTEC and of any

terminal or other device used for

obtaining access thereto.

BTEX contracts would trade over

BTEC, an electronic trading system that

will be based on a customization of the

OM CLICK Exchange System. The OM

CLICK Exchange System, provided by

OM Technology AB (‘‘OM’’), is used by

more than ten exchanges worldwide.

BTEC will also be based on the

BrokerTec fixed income cash market

trading system that has been developed

by OM and is scheduled to commence

operations in June 2000. OM would

operate BTEC and provide facilities

management and ongoing technical and

other support.6

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Notices 36669

definitive documentation governing the complete

OM-BrokerTec relationship.

7Customers of members may be able to place

orders through automated order routing systems,

but all such orders would have to pass through a

server or other connection of an Exchange member.

8Other types of combination trades may be

introduced at a later date.

9The validity time rules for an order would

require that the order be one of the following: good

until cancelled (expiration); good up to a specified

number of trading days (maximum of 255 days); or

good until the end of the trading day.

10A limit order could be any of the following: (1)

‘‘fill or kill,’’ an order to be filled for the entire

quantity against opposite orders open in BTEC or

to be automatically canceled; (2) ‘‘fill and kill,’’ an

order to be executed to the extent there are opposite

orders open in BTEC, with any balance of the order

to be automatically canceled; and (3) ‘‘fill and

store,’’ an order to be executed to the extent there

are opposite orders open in BTEC, with any balance

of the order to remain an open order until it expires,

is executed, or is canceled.

11A market order may be either ‘‘fill or kill’’ or

‘‘fill and kill.’’

12Subject to this sequence, orders for

combination trades would be executed and the legs

thereof would be priced pursuant to an algorithm

that gives priority to execution of each leg of the

transaction as a separate transaction rather than to

execution of the transaction at a differential, if the

legs of the transaction are better than, or equal to,

the differential price.

13BTEX represents that it intends to make the

trade data available on a commercial basis to trade

dissemination vendors.

14BTEX’s rules permit the Board to establish a

market-maker program whereby members or their

affiliates may be designated as market makers and

may be granted benefits in return for assuming

obligations in order to provide liquidity and

orderliness in an Exchange market. Benefits

accruing to market makers could include, among

others, access to information regarding standing

orders in BTEC, priority in the execution of

transactions effected in the capacity of market

maker, reduced transaction fees, and receipt of

compensatory payments. The Board may also

restrict the right to effect block trades only to

members which are market makers.

15The Exchange’s proposed disciplinary rules

generally follow the provisions of Part 8 of the

Commission Regulations. As previously noted, the

Board would appoint Business Conduct,

Adjudication, and Appeals Committees.

Investigations of any suspected violation of

Exchange bylaws or rules would be presented to the

Business Conduct Committee. BTEX rules also

would include summary proceedings, under which

the compliance staff could summarily impose a fine

against a member for certain types of violations.

Under the proposal, orders could be

entered into BTEC only by or through

BTEX members, who would be

responsible for all orders placed through

them.7 BTEC would accept orders for

outright trades and calendar spreads.8

Orders entered would be required to

include user identity (including member

identity), series (listed contract month),

bid or ask, price, quantity, validity

time,9 and account or client. Except for

bunched orders, each customer order

entered into BTEC would be for one

account.

BTEC would accept the entry of limit

orders 10 and market orders.11 These

orders would be executed pursuant to a

trade-matching algorithm that would

give first priority to orders at the best

prices, and then give priority among

orders at the same price based upon

time of entry into BTEC.12 Upon

execution of transaction, transaction

data would be automatically transmitted

to the BCC for clearing. Trade data and

bids and offers would also be provided

to members through BTEC.13 Once

executed, a member may cancel an

erroneous transaction only if, among

other things, the price of the transaction

is outside the Board-specified NoCancellation Range and the member

advises the Exchange of the error within

10 minutes after the transaction was

confirmed.

BTEX also would permit block trades,

exchanges of futures for physicals

(‘‘EFP’’), and exchanges of futures for

swaps (‘‘EFS’’). Specifically, BTEX

would allow a block trade to be effected

between a member’s customers, between

the member and a customer, and

between the member and any other

member (acting for itself or its

customers), subject to the parties

meeting certain specified requirements.

The minimum lot size for a block trade

would be 250 lots, and the period

within which the block trade would be

required to be reported to the Exchange

would vary, depending upon the size of

the trade, i.e., larger block trades would

be reported within longer intervals than

smaller block trades. BTEX would

impose no parameters on the price at

which the block trade could be

executed.14

A member would be able to effect an

EFP at any price as may be mutually

agreed upon by the parties to the

transaction without entering the

transaction into BTEC. The commodity

being exchanged would be required to

have a high degree of price correlation

to the underlying commodity for the

futures contract such that the futures

contract would serve as an appropriate

hedge for such commodity. A member

would similarly be able to effect an EFS

at any price as may be mutually agreed

upon by the parties to the transaction

without entering the transaction into

BTEC. The fluctuations in the value of

the swap would be required to have a

high degree of correlation to

fluctuations in the price of the

underlying commodity for the futures

contract being exchanged such that the

futures contract would serve as an

appropriate hedge for such swap. Block

trades, EFPs, and EFSs would be

submitted to the BCC for clearing at the

time they are reported to the Exchange.

BCC would have its own financial

resources (including a Guaranty Fund),

market protection mechanisms, risk

management staff, and internal controls

in place in order to monitor risk

exposure and maintain the financial

integrity of BTEX and BCC. The amount

that would be deposited and maintained

in the Guaranty Fund by each clearing

member would be equal to that

member’s proportionate percentage of

volume and open interest. BCC would

also have the ability to impose

assessments on nondefaulting clearing

members to meet a shortfall caused by

the default of another clearing member,

subject to specified limitations. BCC

would secure an outside party to

provide certain processing services with

respect to clearing and settlement of

BTEX contracts. Although the details of

the duties that would be performed have

not been finalized, any such operation

would be conducted consistent with

BCC rules.

BTEX’s provisions for compliance and

surveillance programs would include

market surveillance, trade practice

surveillance, disciplinary functions,

financial surveillance in cases where

BTEX is the member firm’s selfregulatory organization, and arbitration.

BTEX would secure an outside party to

perform certain trade practice and

market surveillance activities and other

functions in support of the BTEX

compliance program. The details of the

surveillance techniques to be applied

and the allocation of functions between

BTEX and the third party have not been

finalized.15

II. Request for Comments

Any person interested in submitting

written data, views, or arguments on the

proposal to designate BTEX should

submit their views and comments by the

specified date to Jean A. Webb,

Secretary, Commodity Futures Trading

Commission, Three Lafayette Centre,

1155 21st Street, NW, Washington, DC

20581. In addition, comments may be

sent by facsimile transmission to

facsimile number (202) 418–5521, or by

electronic mail to secretary@cftc.gov.

The Divisions seek comment on all

aspects to BTEX’s application for

designation as a new contract market.

Reference should be made to BTEX’s

application for designation as a contract

market in U.S. Treasury Note and U.S.

Treasury Bond futures contracts. Copies

of each contract’s proposed terms and

conditions are available for inspection

at the Office of the Secretariat at the

above address. Copies also may be

obtained through the Office of the

Secretariat at the above address or by

telephoning (202) 418–5100.

36670 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Notices

1Chairman Ann Brown and Commissioner

Thomas H. Moore voted to provisionally accept the

agreement. Commissioner Mary Sheila Gall voted to

reject the agreement. Chairman Brown and

Commissioner Gall filed statements concerning

their respective votes, copies of which are available

from the Office of the Secretary, Consumer Product

Safety Commission, Washington, DC 20207.

Other materials submitted by BTEX

may be available upon request pursuant

to the Freedom of Information Act (5

U.S.C. 552), except to the extent that

they are entitled to confidential

treatment pursuant to 17 CFR 145.5 or

145.9. Requests for copies of such

materials should be made to the

Freedom of Information, Privacy and

Sunshine Act compliance staff of the

Office of the Secretariat at the

Commission headquarters in accordance

with 17 CFR 145.7 and 145.8.

Issued in Washington, DC, on June 5, 2000.

Alan L. Seifert,

Deputy Director.

[FR Doc. 00–14523 Filed 6–8–00; 8:45 am]

BILLING CODE 6351–01–M

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 00–C0010]

Red Rock Trading Co., Inc., a

Corporation, and Blackjack Fireworks,

Inc., a Corporation, Provisional

Acceptance of a Settlement Agreement

and Order

AGENCY: Consumer Product Safety

Commission.

ACTION: Notice.

SUMMARY: 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)–(h).

Published below is a provisionallyaccepted Settlement Agreement with

Red Rock Trading Co., Inc., a

corporation, and Blackjack Fireworks,

Inc., a corporation, containing a civil

penalty of $90,000.1

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 24,

2000.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 00–C0010, Office of the

Secretary, Consumer Product Safety

Commission, Washington, DC 20207.

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, 1346.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: June 5, 2000.

Sadye E. Dunn,

Secretary.

Settlement Agreement and Order

1. Red Rock Trading Company, Inc.

(hereinafter, ‘‘Red Rock’’), a corporation

and Blackjack Fireworks, Inc.

(hereinafter, ‘‘Blackjack’’), a corporation

enter into this Settlement Agreement

and Order (hereinafter, ‘‘Settlement

Agreement’’ or ‘‘Agreement’’) with the

staff of the Consumer Product Safety

Commission, and agree to the entry of

the attached Order incorporated by

reference herein. The purpose of the

Settlement Agreement is to settle the

staff’s allegations that Red Rock and

Blackjack knowingly violated sections

4(a) and (c) of the Federal Hazardous

Substances Act (FHSA), 15 U.S.C.

1263(a) and (c).’’

I. The Parties

2. The ‘‘staff’’ is the staff of the

Consumer Product Safety Commission

(hereinafter, ‘‘Commission’’), an

independent regulatory commission of

the United States government

established pursuant to section 4 of the

Consumer Product Safety Act (CPSA),

15 U.S.C. 2053.

3. Red Rock is a corporation organized

and existing under the laws of the State

of Nevada. Red Rock’s corporate address

is 6000 South Eastern, Suite 11E, Las

Vegas, NV 89119, Red Rock imports and

distributes consumer fireworks.

4. Blackjack is a corporation

organized and existing under the laws of

the State of Nevada. Blackjack’s

corporate address is 6000 South Eastern,

Suite 11E, Las Vegas, NV 89119.

Blackjack sells consumer fireworks.

II. Allegations of the Staff

5. On 19 occasions between December

14, 1994 and May 20, 1999, Red Rock

and Blackjack introduced or caused the

introduction in interstate commerce of

36 different kinds of fireworks devices

(703,823 retail units) identified and

described below that failed to comply

with the Commission’s Fireworks

Regulations at 16 CFR Part 1507 and 16

CFR 1500.14(b)(7) and 1500.17(a)(3).

Collection date *

Entry date Sample No. Product Violation

12/14/94 * ........................... T–830–7216 Bottle Rockets ................................................................ Fuse Attachment.

05/08/95 ............................. T–830–4030 Candle Star .................................................................... Fuse Burn Time, Side Ignition.

05/08/95 ............................. T–830–4162 News Transmitter ........................................................... Fuse Attachment, Fuse Burn Time.

06/02/95 ............................. T–830–7345 Moon Traveller ............................................................... Fuse Burn Time, Fuse Attachment.

09/26/96 * ........................... 96–860–6467 Jumping Jacks ................................................................ Fuse Burn Time.

09/26/96 * ........................... 96–860–6468 Whistling Moon Traveller ................................................ Stick Rigidity.

09/26/96 * ........................... 96–860–6470 General Custer’s Last Stand .......................................... Fuse Burn Time.

09/26/96 * ........................... 96–860–6472 Artillery Shell .................................................................. Fuse Burn Time.

04/21/97 * ........................... 97–830–3219 Cobra Black Snake ........................................................ Excess Arsenic.

04/21/97 * ........................... 97–860–3220 Battle of Colors ............................................................... Excess Pyrotechnic, Composition.

05/15/97 ............................. 97–830–4214 Night Shell ...................................................................... Fuse Burn Time.

05/15/97 ............................. 97–830–4215 Overlord in Sky ............................................................... Excess Pyrotechnic, Composition, Pyrotechnic Leakage.

05/15/97 ............................. 97–830–4216 Battle of Colors ............................................................... Excess Pyrotechnic, Compositon, Fuse

Burn Time, Burnout/Blowout.

06/19/97 ............................. 97–830–3259 Spring Thunder ............................................................... Excess Pyrotechnic, Composition.

06/19/97 ............................. 97–830–3530 Rattles Colored Snakes ................................................. Excess Arsenic.

07/11/97 ............................. 97–830–6350 Ninja Shell ...................................................................... Fuse Burn Time.

04/09/98 ............................. 98–860–6074 News Transmitter ........................................................... Fuse Burn Time.

04/09/98 ............................. 98–860–6079 7 Shot Night Shell .......................................................... Fuse Attachment, Tipover.

05/05/98 ............................. 98–860–6848 Sky Travel Barrage ........................................................ Fuse Burn Time.

05/21/98 ............................. 98–860–6999 Victory Celebration ......................................................... Fuse Attachment.