Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 61095

SUPPLEMENTARY INFORMATION: Cellulose

insulation is a form of thermal

insulation used in houses and other

residential buildings. Most cellulose

insulation is manufactured by shredding

and grinding used newsprint and

adding fire-retardant chemicals.

In 1979, the CPSC issued the Interim

Safety Standard for Cellulose Insulation,

which is codified at 16 CFR Part 1209.

That standard contains performance

tests to assure that cellulose insulation

will resist ignition from sustained heat

sources, such as smoldering cigarettes or

recessed light fixtures, and from small

open-flame sources, such as matches or

candles. The standard also contains

tests to assure that cellulose insulation

will not be corrosive to copper,

aluminum, or steel, if exposed to water.

Certification regulations in the

standard require manufacturers,

importers, and private labelers of

cellulose insulation subject to the

standard to perform tests to demonstrate

that their products meet the

requirements of the standard. These

parties are also required to maintain

records of those tests. The certification

requirements are codified at 16 CFR

Subpart B.

The Commission uses the information

compiled and maintained by these

parties to help determine whether

cellulose insulation subject to the

standard complies with all applicable

requirements. The Commission also

uses this information to obtain

corrective actions if cellulose insulation

fails to comply with the standard in a

way that creates a substantial risk of

injury to the public.

OMB approved the collection of

information in the certification

regulations under control number 3041–

0022. OMB’s most recent extension of

approval will expire on November 30,

1997. The Commission has requested an

extension without change until

November 30, 2000.

Burden statement: The Commission’s

staff estimates that the respondent

burden will average 1,320 hours per

response. That estimate includes the

time needed to conduct the tests

required by the regulations and to create

and maintain records of the results of

those tests.

Respondents/Affected entities:

Businesses that manufacture, import, or

private label cellulose insulation used

in houses and other residential

buildings.

Estimated number of respondents: 45.

Estimated Total Annual Burden on

Respondents: 59,400 hours.

Frequency of Collection: As

determined by respondents to be

necessary to provide a reasonable

testing program.

On August 28, 1997, the Commission

published a Federal Register notice

stating its intention to request an

extension of approval of this collection

of information, and requesting

comments from the public. 62 FR 45630.

The Commission received no comments

on that notice.

Send comments regarding the burden

estimate or any other aspect of the

information collection, including

suggestions for reducing the burden, to:

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Attention: Desk Officer for

CPSC, 725 17th Street, NW,

Washington, DC 20503. Please refer to

OMB Control No. 3041–0022 in any

correspondence.

Dated: November 10, 1997.

Sadye E. Dunn,

Secretary Consumer Product Safety

Commission.

[FR Doc. 97–30036 Filed 11–13–97; 8:45 am]

BILLING CODE 6355–01–P

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 98–C0002]

Ross Stores, Inc., a Corporation;

Provisional Acceptance of a

Settlement Agreement and Order

AGENCY: Consumer Product Safety

Commission.

ACTION: Provision acceptance of a

settlement agreement under the

Consumer Product Safety Act.

SUMMARY: It is the policy of the

Commission to publish settlements

which it provisionally accepts under the

Consumer Product Safety Act in the

Federal Register in accordance with the

terms of 16 CFR 1605.13(d). Published

below is a provisionally-accepted

Settlement Agreement with Ross, Inc., a

corporation, ‘‘containing a civil penalty

of $200,000.’’

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 November

29, 1997.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 98–C0002, Office of the

Secretary, Consumer Product Safety

Commission, Washington, D.C. 20207.

FOR FURTHER INFORMATION CONTACT:

Dennis C. Kacoyanis, Trial Attorney,

Office of Compliance and Enforcement,

Consumer Product Safety Commission,

Washington, D.C. 20207; telephone

(301) 504–0626.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: November 10, 1997.

Sadye E. Dunn,

Secretary.

Settlement Agreement and Order

1. Ross Stores, Inc., (hereinafter,

‘‘Ross Stores’’ or ‘‘Respondent’’), a

corporation, enters into this Settlement

Agreement (hereinafter, ‘‘Agreement’’)

with the staff of the Consumer Product

Safety Commission, and agrees to the

entry of the Order incorporated herein.

The purpose of this Agreement and

Order is to settle the staff’s allegations

that Respondent sold and offered for

sale, in commerce, certain women’s

100% rayon sheer chiffon skirts and

scarves and certain cotton/polyester

reverse fleece shirts that failed to

comply with the Clothing Standard for

the Flammability of Clothing Textiles

(hereinafter, ‘‘Clothing Standard’’), 16

CFR Part 1610, in violation of section 3

of the Flammable Fabrics Act (FFA), 15

U.S.C. § 1192.

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. Respondent Ross Stores is a

corporation organized and existing

under the laws of the State of Delaware

with principal corporate offices at 8333

Central Avenue, Newark, California

94560. Respondent operates a chain of

off-price retail stores offering apparel

and apparel-related merchandise as well

a merchandise for the home.

II. Allegations of the Staff

A. Rayon Sheer Chiffon Skirts

4. Between April 1994 and August

1994, Respondent sold, or offered for

sale, in commerce, approximately 1,500

style no. 15016 and approximately 1,200

style no. PS 480 women’s 100% sheer

chiffon rayon skirts.

5. The skirts identified in paragraph 4

above are subject to the Clothing

Standard, 16 CFR 1610, issued under

section 4 of the FFA, 15 U.S.C. § 1193.

6. The staff tested samples of the

skirts identified in paragraph 4 above

for compliance with the requirements of

the Clothing Standard. See 16 CFR 1610

.3 and .4. The test results showed that
61096 Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices

the skirts violated the requirements of

the Clothing Standard and, therefore,

were dangerously flammable and

unsuitable for clothing because of rapid

and intense burning.

7. On August 6, 1994, the staff

informed Respondent that the skirts

identified in paragraph 4 above failed to

comply with the Clothing Standard and

requested that it review its entire

product line for other potential

violations.

8. Respondent knowingly sold, or

offered for sale, in commerce, the skirts

identified in paragraph 4 above, as the

term ‘‘knowingly’’ is defined in section

5(e)(4) of the FFA, 15 U.S.C.

§ 1194(e)(4), in violation of section 3 of

the FFA, 15 U.S.C. § 1192, for which a

civil penalty may be imposed pursuant

to section 5(e)(1) of the FFA, 15 U.S.C.

§ 1194(e)(1).

B. Rayon Scarves

9. Between August 1994 and

September 1995, Respondent sold, or

offered for sale, in commerce,

approximately 16,000 rayon scarves.

10. The scarves identified in

paragraph 9 above are subject to the

Clothing Standard, 16 CFR 1610, issued

under section 4 of the FFA, 15 U.S.C.

§ 1193.

11. The staff tested samples of the

scarves identified in paragraph 9 above

for compliance with the requirements of

the Clothing Standard. See 16 CFR

1610.3 and .4. The test results showed

that the scarves violated the

requirements of the Clothing Standard,

and, therefore, were dangerously

flammable and unsuitable for clothing

because of rapid and intense burning.

12. Respondent knowingly sold, or

offered for sale, in commerce, the

scarves identified in paragraph 9 above,

as the term ‘‘knowingly’’ is defined in

section 5(e)(4) of the FFA, 15 U.S.C.

§ 1194(e)(4), in violation of section 3 of

the FFA, 15 U.S.C. § 1192, for which a

civil penalty may be imposed pursuant

to section 5(e)(1) of the FFA, 15 U.S.C.

§ 1194(e)(1).

C. Reverse Fleece Shirts

13. Between August 1996 and April

1997, Respondent sold, or offered for

sale, in commerce, approximately

28,000 style no. 853020, approximately

400 style no. 11261217, and

approximately 1,300 style no. 1266/

2216 cotton/polyester reverse fleece

shirts.

14. The reverse fleece shirts identified

in paragraph 13 above are subject to the

Clothing Standard, 16 CFR 1610, issued

under section 4 of the FFA, 15 U.S.C.

§ 1193.

15. The staff tested samples of the

reverse fleece shirts identified in

paragraph 13 above for compliance with

the requirements of the Clothing

Standard. See 16 CFR 1610.3 and .4.

The test results showed that the fleece

wear violated the requirements of the

Clothing Standard and, therefore, were

dangerously flammable and unsuitable

for clothing because of rapid and

intense burning.

16. On January 8, 1997, April 8, 1997,

and April 11, 1997, the staff informed

Respondent that the reverse fleece shirts

identified in paragraph 13 above failed

to comply with the Clothing Standard.

17. Respondent knowingly sold, or

offered for sale, in commerce, the

reverse fleece shirts identified in

paragraph 13 above, as the term

‘‘knowingly’’ is defined in section

5(e)(4) of the FFA, 15 U.S.C.

§ 1194(e)(4), in violation of section 3 of

the FFA 15 U.S.C. § 1192, for which a

civil penalty may be imposed pursuant

to section 5(e)(1) of the FFA, 15 U.S.C.

§ 1194(e)(1).

III. Response of Ross Stores

18. Ross Stores denies the allegations

of the staff set forth in paragraphs 4

through 17 above, and in particular, that

it knowingly sold, or offered for sale, in

commerce, the violative skirts, scarves,

and reverse fleece shirts identified in

paragraphs 4, 9, and 13 above, in

violation of section 3 of the FFA, 15

U.S.C § 1192.

19. Respondent states that it ordered

the skirts, scarves, and reverse fleece

shirts identified in paragraphs 4, 9, and

13 above from reliable vendors who

purported to sell to Respondent skirts,

scarves, and reverse fleece shirts that

complied with all laws, including the

Flammable Fabrics Act and the Clothing

Standard.

20. Any payment referenced in the

attached Order is proffered solely in

compromise of the staff’s allegations

and shall not be construed as an

admission of any liability for a civil

penalty or otherwise.

21. Respondent participated with the

Commission in voluntary recalls of the

skirts on August 12, 1994, the scarves

on September 6, 1995, and the reverse

fleece shirts on February 28, 1997 and

April 8, 1997.

22. Further, Respondent has received

no reports of incidents or injuries from

the use of any products enumerated in

paragraphs 4, 9, and 13.

IV. Agreement of the Parties

23. The Commission has jurisdiction

over Ross Stores and the subject matter

of this Settlement Agreement and Order

under the Consumer Product Safety Act,

15 U.S.C. § 2051 et seq.; the Flammable

Fabrics Act (FFA), 15 U.S.C. § 1191 et

seq.; and the Federal Trade Commission

Act (FTCA), 15 U.S.C. § 41 et seq.

24. This Agreement is entered into for

settlement purposes only and does not

constitute an admission by Respondent

or a determination by the Commission

that Respondent knowingly violated the

FFA and the Clothing Standard. By

entering into this Agreement,

Respondent makes no admission, and

the Commission makes no finding, of

any fault, liability or statutory violation.

This Agreement becomes effective only

upon its final acceptance by the

Commission and service of the

incorporated Order upon Respondent.

25. Upon provisional acceptance of

this Settlement Agreement and Order by

the Commission, this Settlement

Agreement and Order shall be placed on

the public record and shall be published

in the Federal Register in accordance

with the procedures set forth in 16 CFR

1605.13(d). If the Commission does not

receive any written request not to accept

the Settlement Agreement and Order

within 15 days, the Settlement

Agreement and Order will be deemed to

be finally accepted on the 20th day after

the date it is published in the Federal

Register.

26. Upon final acceptance of this

Settlement Agreement by the

Commission and issuance of the Final

Order, Ross Stores knowingly,

voluntarily, and completely waives any

rights if 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 Ross Stores failed to comply

with the FFA and the Clothing Standard

as aforesaid, (4) to a statement of

findings of facts and conclusions of law,

and (5) to any claims under the Equal

Access to Justice Act.

27. Upon final acceptance of this

Settlement Agreement by the

Commission and issuance of the Final

Order, the Commission specifically

waives its right to initiate any other

civil, administrative or criminal action

against the Respondent, its

stockholders, officers, directors,

employees, agents, successors, and

assigns with respect to those alleged

violations.

28. Upon final acceptance by the

Commission of this Settlement

Agreement and Order, the Commission

shall issue the attached Order

incorporated herein by reference.

29. A violation of the attached Order

shall subject Respondent to appropriate

legal action.
Federal Register / Vol. 62, No. 220 / Friday, November 14, 1997 / Notices 61097

30. The Commission may disclose the

terms of this Settlement Agreement and

Order to the public consistent with

section 6(b) of the CPSA, 15 U.S.C.

§ 2055(b).

31. Agreements, understandings,

representations, or interpretations made

outside this Settlement Agreement and

Order may not be used to vary or

contradict its terms.

32. The provisions of the Settlement

Agreement and Order shall apply to

Ross Stores and each of its successors,

assigns, agents, representatives, and

employees, directly or through any

corporation, subsidiary, division, or

other business entity, or through any

agency, device, or instrumentality.

Dated: September 30, 1997.

Respondent Ross Stores, Inc.

Michael Balmuth,

Vice Chairman and Chief Executive Officer,

Ross Stores, Inc., 8333 Central Avenue,

Newark, CA 94560.

Commission Staff.

Eric L. Stone, Director, Division of

Administrative Litigation, Office of

Compliance.

David Schmeltzer, Assistant Executive

Director, Office of Compliance, Consumer

Product Safety Commission, Washington,

D.C. 20207–0001.

Dated: October 02, 1997.

Dennis C. Kacoyanis, Trail Attorney, Ronald

G. Yelenik, Trial Attorney, Division of

Administrative Litigation, Office of

Compliance.

Order

Upon consideration of the Settlement

Agreement entered into between

Respondent Ross Stores, Inc.,

(hereinafter, ‘‘Ross Stores’’ or

‘‘Respondent’’), a corporation, and the

staff of the Consumer Product Safety

Commission (‘‘Commission’’); and the

Commission having jurisdiction over

the subject matter and Respondent; and

it appearing that the Settlement

Agreement and Order is in the public

interest, it is

Ordered, that the Settlement

Agreement and Order be and hereby is

accepted, as indicated below; and it is

Further Ordered, that Respondent pay

to the United States Treasury a civil

penalty of Two Hundred Thousand

Dollars ($200,000.00) within twenty (2)

days after service upon Respondent of

the Final Order.

Provisionally accepted and Provisional

Order issued on the 10th day of November

1997.

By Order of the Commission.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 97–30038 Filed 11–13–97; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Defense Partnership Council Meeting

AGENCY: Department of Defense.

ACTION: Notice of meeting change.

SUMMARY: On October 9, 1997, 62 FR

5382, the Department of Defense

published a notice to announce a

meeting of the Defense Partnership

Council to be held November 19, 1997.

This notice is to announce that the

meeting is changed to November 17,

1997, due to conflicts in members’

schedules.

FOR FURTHER INFORMATION CONTACT: Mr.

Kenneth Oprisko, Chief, Labor Relations

Branch, Field Advisory Services

Division, Defense Civilian Personnel

Management Service, 1400 Key

Boulevard, Suite B–200, Arlington, VA

22209–5144, (703) 696–1450.

Dated: November 7, 1997.

L.M. Bynum,

Alterante OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 97–29974 Filed 11–13–97; 8:45 am]

BILLING CODE 5000–04–M

DEPARTMENT OF DEFENSE

Department of the Air Force

In-Progress Air Force Cost

Comparisons As of July 1, 1997

The Air Force is conducting the

following cost comparisons in

accordance with OMB Circular A–76,

Performance of Commercial Activities.

Installation State Cost comparison

Announced

full time

equivalents

Maxwell AFB ..................................................................... AL Grounds Maintenance ..................................................... 8

Clear ................................................................................. AK Power Production ............................................................ 34

Eielson AFB ...................................................................... AK Miscellaneous Services .................................................. 11

Eielson AFB ...................................................................... AK Admin Telephone PBX ................................................... 10

Elmendorf AFB ................................................................. AK Power Production ............................................................ 36

Elmendorf AFB ................................................................. AK Military Family Housing Mgmt ......................................... 22

Edwards AFB .................................................................... CA Base Supply .................................................................... 327

Los Angeles AFS .............................................................. CA Communication Functions .............................................. 13

Los Angeles AFS .............................................................. CA Publications Distribution Office ....................................... 5

Los Angeles AFS .............................................................. CA Education Services ......................................................... 28

March AFB ........................................................................ CA Airfield Operations & Weather ........................................ 41

March AFB ........................................................................ CA Transient Aircraft Maintenance ....................................... 0

March AFB ........................................................................ CA Base Operating Support ................................................. 237

Onizuka AFS ..................................................................... CA Utilities Plant ................................................................... 25

Travis AFB ........................................................................ CA Military Family Housing Maint ......................................... 38

Vandenberg AFB .............................................................. CA Base Operating Support ................................................. 217

Vandenberg AFB .............................................................. CA Structural Maintenance ................................................... 32

Buckley ANGB .................................................................. CO Airfield Management ....................................................... 37

Falcon AFB ....................................................................... CO Communication O&M ...................................................... 205

Falcon AFB ....................................................................... CO Utilities Plant ................................................................... 22

Peterson AFB ................................................................... CO Base Operating Support ................................................. 179

USAF Academy ................................................................ CO Mess Attendants ............................................................. 170

Eglin AFB .......................................................................... FL Library ............................................................................. 8

Eglin AFB .......................................................................... FL Civil Engineering ............................................................. 96

Homestead AFB ............................................................... FL Airfield Operations & Weather ........................................ 25

Homestead AFB ............................................................... FL Base Operating Support ................................................. 149