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.

Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Notices 36671

Collection date *

Entry date Sample No. Product Violation

05/22/98 ............................. 98–860–6810 Smoke Toy Device ......................................................... Fuse Burn Time, Side Ignition, External

Flame.

05/22/98 ............................. 98–860–6811 2 Color Smoke ............................................................... Fuse Burn Time, External Flame.

06/19/98 ............................. 98–830–3830 Night Shell ...................................................................... Tipover, Side Ignition.

06/19/98 ............................. 98–830–3831 Thunder Crackling .......................................................... Labeling, Excess Pyrotechnic, Composition, Fuse Burn Time, Side Ignition.

06/19/98 ............................. 09–830–3832 Thunder & Rain .............................................................. Labeling Excess Pyrotechnic, Composition, Fuse Burn Time, Side Ignition.

06/19/98 ............................. 98–830–3833 Command Teste ............................................................. Excess Pyrotechnic, Composition.

06/19/98 ............................. 98–830–3834 Sunglow .......................................................................... Excess Pyrotechnic, Composition.

06/15/98 ............................. 98–830–6843 Moon Travellers .............................................................. Stick Rigidly.

06/15/98 ............................. 98–830–6844 Air Travel ........................................................................ Fuse Burn Time.

12/09/98 ............................. 99–830–3311 96 Color Peal ................................................................. Fuse Burn Time, Side Ignition.

03/30/99 ............................. 99–860–5662 10 Ball Roman Candle ................................................... Fuse Burn Time.

03/30/99 ............................. 99–860–5663 10 Ball Roman Candle ................................................... Excess Pyrotechnic, Composition.

04/19/99 ............................. 99–860–6063 Jumping Jacks ................................................................ Pyrotechnic, Leakage.

05/12/99 ............................. 99–860–5654 Small Festival Balls ........................................................ Fuse Burn Time.

05/12/99 ............................. 99–860–5658 Dragon Dancing ............................................................. Side Ignition.

05/20/99 ............................. 99–860–6192 Artillery Shell .................................................................. Pyrotechnic, Leakage.

6. Each of the fireworks devices

identified in paragraph 5 above is a

‘‘banned hazardous substance’’ pursuant

to section 2(q)(1)(B) of the FHSA, 15

U.S.C. 1261(q)(1)(B), 16 CFR Part 1507,

and 16 CFR 1500.17(a)(3).

7. Each of the fireworks devices

identified in paragraph 5 above that

failed to comply with the labeling

requirements are ‘‘misbranded

hazardous substances’’ pursuant to

section 3(b) of the FHSA, 15 U.S.C.

1262(b) and 16 CFR 1500.14(b)(7).

8. Red Rock and Blackjack knowingly

introduced or caused the introduction

in interstate commerce; or received in

interstate commerce and delivered or

proffered delivery thereof for pay or

otherwise, the banned and misbranded

hazardous fireworks identified in

paragraph 5 above, in violation of

sections 4(a) and (c) of the FHSA, 15

U.S.C. 1263(a) and (c).

III. Response of Red Rock and

Blackjack

9. Red Rock and blackjack deny the

allegations of the staff set forth in

paragraphs 5 through 8 above.

10. Red Rock’s and Blackjack’s

products comply with all federal

statutes and regulations (including those

cited above) and are specifically

manufactured to comply with such

laws. Red Rock and Blackjack, in fact,

have arranged for many of their

products to be tested by qualified

individuals to ensure compliance with

all such laws. Moreover, Red Rock and

Blackjack are aware of no injuries

associated with any products imported

by them over the years.

11. Red Rock and Blackjack

vehemently deny they knowingly

introduced or caused the introduction

in interstate commerce; or received in

interstate commerce and delivered or

proffered delivery thereof for pay or

otherwise any banned hazardous

substances and/or misbranded

hazardous substances, including the

alleged banned hazardous substances

and/or alleged misbranded hazardous

substances described above in

paragraph 5.

12. Red Rock and Blackjack are only

entering into this Settlement Agreement

because of the tremendous legal cost of

contesting a fine action against the

Commission in Court as well as the

negative publicity that could be

associated with a long drawn out trial.

IV. Agreement of the Parties

13. The Consumer Product Safety

Commission has jurisdiction over Red

Rock and Blackjack, and the subject

matter of this Settlement Agreement and

incorporated Order under the following

acts: Consumer Product Safety Act, 15

U.S.C. 2051 et seq., and the Federal

Hazardous Substances Act, 15 U.S.C.

1261 et seq.

14. Red Rock and Blackjack agree to

the entry of the attached Order which is

incorporated herein by reference.

15. This Settlement Agreement and

Order is entered into for the purposes of

settlement only and does not constitute

a determination by the Commission or

an admission by Red Rock and

Blackjack that Red Rock and Blackjack

knowingly violated the FHSA and the

Commission’s Fireworks Regulations.

16. Upon final acceptance of this

Settlement Agreement by the

Commission and issuance of the Final

Order, Red Rock and Blackjack

knowingly, voluntarily, and completely

waived any rights they may have in this

matter (1) to an administrative or

judicial hearing (2) to judicial review or

other challenge or contest of the validity

of the Commission’s actions, (3) to a

determination by the Commission as to

whether Red Rock and Blackjack failed

to comply with the FHSA, (4) to a

statement of findings of fact and

conclusions of law, and (5) to any

claims under the Equal Access to Justice

Act.

17. For purposes of section 6(b) of the

CPSA, 15 U.S.C. 2055(b), this matter

shall be treated as if a complaint had

issued, and the Commission may

publicize the terms of the Settlement

Agreement and incorporated Order.

18. In settlement of the staff’s

allegations, Red Rock and Blackjack

agree to pay a civil penalty of

$90,000.00 as set forth in the

incorporated Order.

19. Upon the full payment of the civil

penalty as set forth in the Final Order,

the Commission fully releases, acquits,

and forever discharges Red Rock and

Blackjack and its officers, directors,

and/or employees from all claims for

civil penalties, demands for civil

penalties, liabilities for civil penalties,

actions for civil penalties, or causes of

actions for civil penalties for all

violations from December 14, 1994

through December 31, 1999 for which

the Commission has issued letters of

advice to Red Rock and Blackjack.

20. Upon provisional acceptance of

this Settlement Agreement by the

Commission, the Commission will place

the Settlement Agreement and the

incorporated Order on the public

record, and publish it in the Federal

Register in accordance with the

procedures set forth in 16 CFR

1118.20(e)–(h). If the Commission does

not receive any written requests not to

accept the Settlement Agreement within

15 days, the Settlement Agreement shall

36672 Federal Register / Vol. 65, No. 112 / Friday, June 9, 2000 / Notices

be deemed finally accepted and the

Final Order issued on the 16th day.

21. Red Rock and Blackjack have

recently become members of the

American Fireworks Standards

Laboratory (AFSL). Based on current

data, the Commission staff believes that

fireworks imported under the AFSL

testing and certification program are

more likely to comply with the

Commission’s Fireworks Regulations

than non-AFSL fireworks are.

Accordingly, the Commission will not

pursue FHSA violations against Red

Rock and Blackjack for those fireworks

products legitimately tested and

certified by AFSL as complying with the

Commission’s Fireworks Regulations, as

the AFSL program is currently

structured and administered. However,

the Commission staff will continue to

monitor the AFSL program. If the

Commission staff determines that the

AFSL program does not adequately

assure compliance with the fireworks

regulations, it will notify Red Rock and

Blackjack in writing. After providing

such written notice to Red Rock and

Blackjack, the Commission staff will

have the enforcement discretion to

pursue violations of the FHSA and the

Commission’s Fireworks Regulations

against Red Rock and Blackjack for

AFSL tested fireworks products

received and/or imported by Red Rock

and Blackjack after such notification

date. The Commission staff’s

determination on the adequacy of the

AFSL testing and certification program

is neither reviewable nor subject to

challenge by Red Rock and Blackjack

nor provides a basis for Red Rock and

Blackjack to challenge this Agreement.

22. This Settlement Agreement may

be used in interpreting the Order.

Agreements, understandings,

representations, or interpretations apart

from those contained in this Settlement

Agreement and incorporated Order may

not be used to vary or contradict its

terms.

23. The provisions of this Settlement

Agreement and Order shall apply to Red

Rock and Blackjack and each of their

successors and assigns.

24. Upon final acceptance of this

Agreement, the Commission shall issue

the attached Final Order.

Respondent’s Red Rock Trading Company,

Inc. and Blackjack Fireworks, Inc.

Dated: March 13, 2000.

Tim McCoy,

President, Red Rock Trading Company, Inc.

and Blackjack Fireworks, Inc., 6000 South

Eastern, Suite 11E, Las Vegas, NV 89119.

Commission Staff

Alan H. Schoem,

Assistant Executive Director, Consumer

Product Safety Commission, Office of

Compliance, Washington, D.C. 20207–0001.

Eric L. Stone,

Director, Legal Division, Office of

Compliance.

Dated: March 16, 2000.

Dennis C. Kacoyanis,

Trial Attorney, Legal Division, Office of

Compliance.

Order

Upon consideration of the Settlement

Agreement entered into between

Respondents Red Rock Trading

Company, Inc., a corporation, Blackjack

Fireworks, Inc., a corporation, and the

staff of the Consumer Product Safety

Commission; and the Commission

having jurisdiction over the subject

matter and Red Rock Trading Company,

Inc. and Blackjack Fireworks, Inc.; 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, that upon final

acceptance of the Settlement Agreement

and Order, Red Rock Trading Company,

Inc. and Blackjack Fireworks, Inc. shall

pay a civil penalty in the amount of

ninety thousand and 00/100 dollars

($90,000.00) in three (3) payments. The

first payment of forty thousand and 00/

100 dollars ($40,000.00) shall be due

within twenty (20) days after service

upon Red Rock Trading Company, Inc.

and Blackjack Fireworks, Inc. of the

Final Order of the Commission

accepting the Settlement Agreement

(hereinafter, the ‘‘anniversary date’’).

The second payment of twenty-five

thousand and 00/100 dollars

($25,000.00) shall be paid on or before

August 1, 2000. The third payment of

twenty-five thousand and 00/100 dollars

($25,000.00) shall be made within one

year of the anniversary date. Upon the

failure of Red Rock Trading Company,

Inc. and Blackjack Fireworks, Inc. to

make a payment or upon Red Rock

Trading Company, Inc. and Blackjack

Fireworks, Inc. making a late payment

(a) the entire amount of the civil penalty

shall be due and payable, and (b)

interest on the outstanding balance shall

accrue and be paid at the federal legal

rate of interest under the provisions of

28 U.S.C. 1961(a) and (c).

Provisionally accepted and Provisional

Order issued on the 5th day of June, 2000.

By order of the Commission.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 00–14543 Filed 6–8–00; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Department of the Army

Reissuance of MFTRP No. 1A as

MFTRP No. 1B, Including PowerTrack

Requirements

AGENCY: Military Traffic Management

Command, DoD.

ACTION: Notice.

SUMMARY: The Military Traffic

Management Command (MTMC), as the

Department of Defense (DoD) Traffic

Manager for surface and surface

intermodal traffic management services,

hereby cancels MTMC Freight Traffic

Rules Publication (MFTRP) No. 1A in its

entirety and replaces it with MFTRP No.

1B, effective September 30, 2000. The

actual text of the 1B will be available on

the Internet at MTMC’s website at

www.mtmc.army.mil by clicking in

succession on: (1) Transportation

Services, (2) Freight Logistics, (3)

Freight Traffic Rules Publications and

then clicking on the appropriate box

indicating the 1B. In conjunction with

the replacement of the 1A with the 1B,

use of the PowerTrack automated billing

and payment system will become

mandatory on September 30, 2000 for

all DoD freight shipped in accordance

with the 1B motor rules publication.

Specifically, motor carriers wishing to

transport DoD freight effective

September 30, 2000 must have a signed

agreement with US Bank and be

PowerTrack certified to be eligible to

pick up shipments on or after that date.

The 1B is being issued by MTMC

Headquarters in Alexandria, Virginia;

however, responsibility for the

publication after its original issuance

will pass from MTMC Headquarters to

MTMC’s Deployment Support

Command at Fort Eustis, Virginia.

DATES: MFTRP No. 1A is cancelled and

MFTRP No. 1B is effective September

30, 2000.

ADDRESSES:

(Until September 30, 2000)

Headquarters, Military Traffic

Management Command, ATTN:

MTOP–MRM, Room 10N–07,

Hoffman II Building, 200 Stovall

Street, Alexandria, VA 22332–5000,

attn: Jerome Colton, e-mail: