Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices 59661

provided for applications submitted

under the regular review procedures.

Copies of the terms and conditions

will be available for inspection at the

Office of the Secretariat, Commodity

Futures Trading Commission, Three

Lafayette Centre, 21st Street NW,

Washington, DC 20581. Copies of the

terms and conditions can be obtained

through the Office of the Secretariat by

mail at the above address, by phone at

(202) 418–5100, or via the internet on

the CFTC website at www.cftc.gov

under ‘‘What’s Pending’’.

Other materials submitted by the CBT

in support of the applications for

contract market designation may be

available upon request pursuant to the

Freedom of Information Act (5 U.S.C.

552) and the Commission’s regulations

thereunder (17 CFR part 145 (1987)),

except to the extent they are entitled to

confidential treatment as set forth in 17

CFR 145.5 and 145.9. Requests for

copies of such materials should be made

to the FOI, Privacy and Sunshine Act

Compliance Staff of the Office of

Secretariat at the Commission’s

headquarters in accordance with 17 CFR

145.7 and 145.8.

Any person interested in submitting

written data, views, or arguments on the

proposed terms and conditions, or with

respect to other materials submitted by

the CBT, should send such comments to

Jean A. Webb, Secretary, Commodity

Futures Trading Commission, Three

Lafayette Centre, 21st Street NW,

Washington, DC 20581 by the specified

date.

Issued in Washington, DC, on October 29,

1997.

John R. Mielke,

Acting Director.

[FR Doc. 97–29134 Filed 11–3–97; 8:45 am]

BILLING CODE 6351–01–P

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 98–1]

Black & Decker Corporation;

Complaint

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 Proceedings

(16 CFR part 1025), the Consumer

Product Safety Commission must

publish in the Federal Register

complaints which it issues. Published

below is a complaint in the matter of

Black & Decker Corporation.

SUPPLEMENTARY INFORMATION: The text of

the Complaint appears below.

Dated: October 29, 1997.

Sadye E. Dunn,

Secretary.

[CPSC Docket No. 98–1]

In the Matter of Black & Decker Co.;

Complaint

Nature of Proceedings

1. This is an administrative

proceeding pursuant to Section 15 of the

Consumer Product Safety Act (CPSA),

15 U.S.C. § 2064, for public notification

and remedial action to protect the

public from substantial risks of injury

presented by a toaster. This proceeding

is governed by the Rules of Practice for

Adjudicative Proceedings before the

Consumer Product Safety Commission,

16 C.F.R. part 1025.

Jurisdiction

2. This proceeding is instituted

pursuant to the authority contained in

sections 15 (c), (d), and (f) of the CPSA,

15 U.S.C. §§ 2064 (c), (d), and (f).

Parties

3. Complaint Counsel is the staff of

the Division of Administrative

Litigation of the Office of Compliance of

the U.S. Consumer Product Safety

Commission, an independent regulatory

commission established by Section 4 of

the CPSA. 15 U.S.C. § 2053.

4. Respondent Black & Decker

Corporation is a Maryland corporation

with its principal place of business

located at 701 E. Joppa Road, Baltimore,

Maryland 21286–5559.

5. Black & Decker is a ‘‘manufacturer’’

of consumer products as that term is

defined in the CPSA, 15 U.S.C.

§ 2052(a)(4).

The Consumer Product

6. The Black & Decker Spacemaker

Optima Toaster, Model T1000, Type 1

(‘‘Spacemaker Toaster’’) is a toaster

designed, produced and distributed

specifically to be installed directly

under kitchen cabinets and is a

consumer product. 15 U.S.C. § 2052.

Substantial Risks of Injury

7. Paragraphs 1 through 6 are hereby

realleged.

8. The Spacemaker Toaster is

designed to be mounted underneath

kitchen cabinets. There is a glass door

on the front of the toaster. The

consumer inserts the food item in the

front of the toaster, horizontally, onto a

rack.

9. An electronic timer in the

Spacemaker Toaster with thermal

compensation controls the temperature.

10. When a toasting cycle is complete,

a glass door on the front of the

Spacemaker Toaster automatically

opens and the rack containing the food

item extends out—also automatically—

approximately 11⁄2 inches.

11. The Spacemaker Toaster sets food

items on fire because the electronic

timer does not adequately control

temperature within the product.

12. If food items ignite, the

Spacemaker Toaster releases the flames

at the end of the toasting cycle when the

glass door automatically opens and the

rack containing the burning food

automatically extends.

13. The features of the Spacemaker

Toaster set forth in paragraphs 9

through 11 above constitute design

defects under 15 U.S.C. § 2064.

14. When the Spacemaker Toaster

releases flames, the flames may impinge

directly on the kitchen cabinets and

combustibles in the cabinet, igniting the

cabinet and/or its contents. The fires

may spread, exposing consumers to the

risk of bodily injury or death by burning

or smoke inhalation.

15. All of the approximately 224,000

Spacemaker Toasters purchased by the

public carry the risk of severe injury or

death because all units are of the same

design.

16. The defects in the Spacemaker

Toasters create a substantial risk of

injury to consumers within the meaning

of Section 15(a)(2) of the CPSA,

15 U.S.C. § 2064(a)(2).

17. The Spacemaker Toaster presents

a substantial product hazard as

described in sections 15(a)(2), (c) and

(d) of the CPSA, 15 U.S.C. §§ 2064 (a)(2),

(c) and (d).

Relief Sought

Wherefore, in the public interest,

Complaint Counsel requests that the

Commission:

A. Determine that Respondent’s

Spacemaker Toasters present a

‘‘substantial product hazard’’ within the

meaning of section 15 (a)(2) of the

CPSA, 15 U.S.C. § 2064(a)(2).

B. Determine that public notification

under section 15(c) of the CPSA, 15

U.S.C. § 2064(c) is required to protect

the public adequately from the

substantial product hazard presented by

the T1000 Toasters which have been

distributed and order that the

Respondent:

(1) Give prompt public notice that the

Spacemaker Toaster presents a fire

hazard to consumers and of the

remedies available to remove the risk of

injury;

(2) Mail notice to each person who is

or has been a distributor or retailer of

the Spacemaker Toaster;
59662 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Notices

(3) Mail notice to every person to

whom Respondent knows the

Spacemaker Toaster was delivered or

sold; and

(4) Include in the notice required by

(1), (2) and (3) above a complete

description of the hazard presented, a

warning to stop using the Spacemaker

Toaster immediately; and clear

instructions for returning the

Spacemaker Toasters to Respondent.

The form and content of the notice will

be specified by the Commission.

C. Determine that action under

section 15(d) of the CPSA, 15 U.S.C.

§ 2064(d), is in the public interest and

order Respondent:

(1) To cease manufacturing for sale,

offering for sale, and distributing in

commerce Spacemaker Toasters;

(2) To elect to repair all Spacemaker

Toasters so they will not create a fire

hazard; to replace all Spacemaker

Toasters with a like or equivalent

product which will not create a fire

hazard; or to refund to consumers the

purchase price of the Spacemaker

Toasters;

(3) To make no charge to consumers

and to reimburse them for any

foreseeable expenses incurred in

availing themselves of any remedy

provided under any order issued in this

matter;

(4) To reimburse distributors and

dealers for expenses in connection with

carrying our any Commission Order

issued in this matter;

(5) To submit a plan satisfactory to the

Commission, within ten (10) days of

service of the final Order, directing that

actions specified in paragraphs C(1)

through C(4) above be taken in a timely

manner;

(6) To keep records of its actions

taken to comply with paragraphs C(1)

through C(5) above; and to supply these

records to the Commission for a period

of three (3) years after entry of a Final

Order issued by the Commission

requiring notice and remedial action, for

the purpose of monitoring compliance

with the Final Order;

(7) To notify the Commission at least

60 days prior to any change in their

business (such as incorporation,

dissolution, assignment, sale, or petition

for bankruptcy) that results in, or is

intended to result in, the emergence of

successor ownership, the creation or

dissolution of subsidiaries, going out of

business, or any other change that might

affect;

(8) To take such 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: October 29, 1997.

Alan H. Schoem,

Assistant Executive Director, Office of

Compliance.

Eric Stone,

Director, Division of Administrative

Litigation, Office of Compliance.

William J. Moore, Jr.,

Complaint Counsel, Division of

Administrative Litigation, Office of

Compliance.

Deborah J. Lewis,

Complaint Counsel, Division of

Administrative Litigation, Office of

Compliance.

List and Summary of Documentary

Evidence Supporting the Complaint

Pursuant to 16 CFR 1025.11(b)(3) of

the Commission’s Rules of Practice for

Adjudicative Proceedings, the following

is a list and summary of documentary

evidence supporting the Complaint in

this matter. Complaint Counsel reserves

the right to offer additional evidence

during the course of the proceedings.

1. A photograph of a Spacemaker

Optima Horizontal Toaster, Model

T1000, Type 1.

2. A Consumer Product Safety

Commission (CPSC) report dated

September 21, 1995, by Terry Van

Houten, Division of Human Factors.

This report analyzes how consumers

may engage in normal use of the

Spacemaker Toaster in a manner that

increases the risk of fire.

3. CPSC memorandum dated January

23, 1997 from Julie Ayers, Electrical

Engineer, Office of Hazard Identification

and Reduction to Renae Rauchschwalbe,

Office of Corrective Actions. This

memorandum explains the fire hazard

posed by the Spacemaker Toaster.

4. Photographs and videotape of

testing conducted by CPSC Office of

Hazard Identification and Reduction on

April 9, 1997. These tests show that the

spread of a fire originating from food in

a Spacemaker Toaster mounted

underneath an open kitchen cabinet can

result in a catastrophic household fire.

5. Photographs of testing conducted

by CPSC Office of Hazard Identification

and Reduction on June 18, 1997. These

tests show that the spread of a fire

originating from food in a Spacemaker

Toaster mounted underneath a closed

kitchen cabinet can result in a

catastrophic household fire.

[FR Doc. 97–29156 Filed 11–3–97; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Submission for OMB Review;

Comment Request

ACTION: Notice.

The Department of Defense has

submitted to OMB for clearance, the

following proposal for collection of

information under the provisions of the

Paperwork Reduction Act (44 U.S.C.

Chapter 35).

Title, Associated Form, and OMB

Number: Request for Family Member

Educational Information; AF Form

1466A; OMB Number 0701–0122.

Type of Request: Reinstatement.

Number of Respondents: 31,656.

Responses Per Respondent: 1.

Annual Responses: 31,656.

average Burden Per Response: 15

minutes.

Annual Burden Hours: 7,914.

Needs and Uses: The information

collection requirement is necessary to

evaluate family members’ needs for any

special medical or educational services;

to assist in making CONUS/OCONUS

assignment recommendations; and to

code and re-enroll eligible family

members into the Exceptional Family

Member Program. Respondents are

dependents and students who may

require medical or education services.

Information is collected prior to new

assignments. Data is needed to ensure

proper medical and educational needs

are available at new assignments.

Affected Public: Individuals or

Households.

Frequency: On occasion.

Respondent’s Obligation: Required to

obtain or retain benefits.

OMB Desk Officer: Mr. Edward C.

Springer.

Written comments and

recommendations on the proposed

information collection should be sent to

Mr. Springer at the Office of

Management and Budget, Desk Officer

for DoD, Room 10236, New Executive

Office Building, Washington, DC 20503.

DOD clearance Officer: Mr. Robert

Cushing.

Written requests for copies of the

information collection proposal should

be sent to Mr. Cushing, WHS/DIOR,

1215 Jefferson Davis Highway, Suite

1204, Arlington, VA 22202–4302.

Dated: October 29, 1997.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–29068 Filed 11–3–97; 8:45 am]

BILLING CODE 5000–01–M