Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Notices 57319

Regional Administrator, Southwest

Region, NMFS, 501 West Ocean

Boulevard, Suite 4200, Long Beach, CA

90802-4213 (562/980-4001); and

Protected Species Program Manager,

Pacific Islands Area Office, Southwest

Region, NMFS, 1601 Kapiolani

Boulevard, Suite 1110, Honolulu, HI

(808/973-2937).

SUPPLEMENTARY INFORMATION: The

subject amendment to permit No. 848-

1335, issued on June 10, 1997 (62 FR

32586) is requested 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 (ESA) of 1973,

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

the Regulations Governing the Taking,

Importing, and Exporting of Endangered

Fish and Wildlife (50 CFR part 222).

The permit holder is currently

authorized to conduct population

assessment, disease assessment,

recovery actions, and pelagic ecology

studies of Hawaiian monk seals

(Monachus schauinslandi) at all

locations within the Hawaiian

Archipelago and at Johnston Atoll,

through May 31, 2002. The permit

holder is now requesting that the permit

be amended to authorize the emergency

relocation of two weaned Hawaiian

monk seal pups in order to protect their

health and well-being. The permit has

been amended to authorize the

relocation of the two animals, pursuant

to § 216.33(e)(6) of the Regulations

Governing the Taking and Importing of

Marine Mammals (50 CFR part 216)

which allows waiver of the 30-day

public comment period. The remainder

of the pending amendment application

for this action is being processed

according to 50 CFR 216.39.

In compliance with the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.), an initial

determination has been made that the

activity proposed is categorically

excluded from the requirement to

prepare an environmental assessment or

environmental impact statement.

NMFS has forwarded copies of this

amendment request to the Marine

Mammal Commission and its

Committee of Scientific Advisors.

Dated: September18, 2000.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 00–24454– Filed 9–21–00; 8:45 am]

BILLING CODE 3510-22-S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 083100A]

Marine Mammals; Scientific Research

Permit (PHF# 981-1578-00)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Issuance of permit.

SUMMARY: Notice is hereby given that Dr.

Peter L. Tyack, Ph.D., Woods Hole

Oceanographic Institution, Biology

Department, 46 Water Street, Woods

Hole, MA 02543, has been issued a

permit to take several species of

cetaceans for scientific research.

ADDRESSES: The permit and related

documents are available for review

upon written request or by appointment

(see SUPPLEMENTARY INFORMATION).

FOR FURTHER INFORMATION CONTACT:

Jeannie Drevenak, 301/713-2289.

SUPPLEMENTARY INFORMATION: On June

30, 2000, notice was published in the

Federal Register (65 FR 40613) that a

request for a scientific research permit

to take several species of cetaceans had

been submitted by the above-named

individual. The requested permit has

been issued 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 (16 U.S.C. 1531 et

seq.), and the regulations governing the

taking, importing, and exporting of

endangered fish and wildlife (50 CFR

parts 222—226).

Issuance of this permit, as required by

the ESA, was based on a finding that

such 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.

Addresses: The permit 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 13130, Silver Spring,

MD 20910 (301/713-2289).

Dated: August 31, 2000.

Eugene Nitta,

Acting Chief, Permits and Documentation

Division, Office of Protected Resources,

National Marine Fisheries Service.

[FR Doc. 00–24455 Filed 9–21–00; 8:45 am]

BILLING CODE 3510-22-S

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 00–C0015]

Riello Corporation of America, 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

Consumer Product Safety Act in the

Federal Register in accordance with the

terms of 16 CFR 1118.20. Published

below is a provisionally-accepted

Settlement Agreement with Riello

Corporation of America, a corporation,

containing a civil penalty of $125,000.

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 October

10, 2000.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 00–C0015, Office of the

Secretary, Consumer Product Safety

Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT:

Jimmie L. Williams, Jr., Trial Attorney,

Office of Compliance and Enforcement,

Consumer Product Safety Commission,

Washington, DC 20207; telephone (301)

504–0626, 1376.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: September 18, 2000.

Sadye E. Dunn,

Secretary.

Settlement Agreement and Order

1. Riello Corporation of America

(‘‘RCA’’), a corporation, enters into this

Settlement Agreement and Order with

the staff (‘‘the staff’’) of the U.S.

Consumer Product Safety Commission

(‘‘the Commission’’) in accordance with

16 CFR part 1118 Section 20 of the

Commission’s Procedures for

Investigations, Inspections, and

Inquiries under the Consumer Product

Safety Act (‘‘CPSA’’).

57320 Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Notices

I. The Parties

2. The Commission is an independent

federal regulatory agency responsible for

the enforcement of the Consumer

Product Safety Act, 15 U.S.C. 2051–

2084.

3. RCA is a corporation organized and

existing under the laws of the State of

Massachusetts. Its principal offices are

located at 35 Pond Park Road, Hingham,

Massachusetts.

II. Staff Allegations

4. Between February 1997 and

December 1998, RCA imported,

distributed and sold in the United States

approximately 842 balanced flue oil

burners models BF 40 F5 and BF 40 F3

(‘‘the Burners’’) equipped with a

component known as the ET–25 post

purge module (‘‘ET–25’’). The Burners

were designed for installation on

residential boilers for home heating.

RCA is, therefore, a distributor and

retailer of a consumer product in U.S.

commerce pursuant to 15 U.S.C. 2052

(a)(1), (5) and (6).

5. The Burners were manufactured by

Riello Canada, Inc., a corporation

organized and existing under the laws of

the Province of Ontario, Canada (‘‘Riello

Canada’’). The ET–25 was manufactured

by Enertel Controls, Inc., a corporation

organized and existing under the laws of

the federal government of Canada.

6. RCA sold the Burners to

manufacturers of boilers. The Burners

were installed in those boilers either by

the boiler manufacturers or by installers.

7. The ET–25 is intended to blow

combustion gases out of the Burner

chamber after the call for heat to the

Burner is exhausted. A defect in the ET–

25 causes the Burner to ‘‘run on,’’ which

can cause the boiler to overheat. Steam

relieved through a pressure relief valve

presents a burn hazard to anyone

located near the valve. The continuous

buildup of pressure within the boiler

could cause a fire or explosion.

8. RCA recommended the installation

of a secondary high-end limit with the

Burner, which would shut down the

Burner once a pre-set temperature level

in the boiler was reached. In the

summer or early fall of 1998, both RCA

and Riello Canada obtained reports from

their customers that the Burners were

failing to shut down after the call for

heat had been exhausted, and that some

boilers in which the Burners were

installed were not equipped with a high

end limit. This information reasonably

supported the conclusion that the

product contained a defect, which could

create a substantial product hazard.

9. Riello Canada initiated a corrective

action plan beginning December 22,

1998. RCA initiated a similar plan

beginning on January 13, 1999.

10. On March 4, 1999, RCA notified

the Commission about the Burners.

RCA, therefore, failed to report to the

Commission in a timely manner as

required by Section 15(b) of the CPSA,

15 U.S.C. 2064(b). RCA, in cooperation

with the CPSC, voluntarily completed

the recall of the Burners soon thereafter.

III. Response of RCA

11. RCA denies all of the allegations

of staff and in particular denies that it

violated the reporting requirements of

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

2064(b) or 16 CFR Part 1115. The

payment made hereunder is made in

settlement of the staff’s allegations.

Neither the payment nor the fact of

entering into this Settlement Agreement

constitute evidence of or an admission

of, any fault, liability or statutory or

regulatory violation by RCA, or of the

truth of any of the allegations made by

the staff.

IV. Agreement of the Parties

12. The Commission has jurisdiction

over this matter under the Consumer

Product Safety Act (CPSA), 15 U.S.C.

2051 et seq.

13. RCA knowingly, voluntarily and

completely waives any rights it may

have to:

a. the issuance of a complaint in this

matter;

b. an administrative or judicial

hearing with respect to the staff

allegations discussed in paragraphs 4

through 10 above;

c. judicial review or other challenge

or contest of the validity of the

Commission’s Order;

d. a determination by the Commission

as to whether a violation of section 15(b)

of the CPSA, 15 U.S.C. 2064(b) has

occurred; and

e. a statement of findings of fact and

conclusion of law with regard to the

staff allegations.

14. 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 16 CFR part 1118 section 20.

15. The Settlement Agreement and

Order becomes effective upon final

acceptance by the Commission and

service of the Final Order upon RCA.

16. Upon final acceptance of this

Settlement Agreement by the

Commission, the issuance of the Order,

and the full and timely payment by RCA

to the United States Treasury of a civil

penalty in the amount of One Hundred

and Twenty Five Thousand Dollars

($125,000.00), the Commission

specifically waives its right to initiate,

either by referral to the Department of

Justice or bringing in its own name, any

action for civil penalties relating to any

of the events that gave rise to the staff’s

allegations in paragraphs four through

ten, supra, against (a) RCA and Riello

Canada, and (b) any and all of RCA’s

and Riello Canada’s successors, assigns,

employees, representatives and agents.

17. RCA shall pay the Consumer

Product Safety Commission a civil

penalty in the amount of $125,000.00

within 30 calendar days of such service

of the Final Order.

18. RCA agrees to entry of the

attached Order, which is incorporated

herein by reference, and to be bound by

its terms.

19. This settlement Agreement and

Order are entered into for settlement

purposes only and shall not constitute

evidence of, an admission of, or a

determination of, any fault, liability or

statutory or regulatory violation.

20. The Commission’s Order in this

matter is issued under the provisions of

the CPSA, 15 U.S.C. 2051, et seq., and

a violation of this Order may subject

RCA to appropriate legal action.

21. This Settlement Agreement and

Order is binding upon and shall inure

to the benefit of RCA and Riello Canada

and their assigns or successors.

22. Agreements, understandings,

representations, or interpretations made

outside of this Settlement Agreement

and Order may not be used to vary or

to contradict its terms.

Riello Corporation of America.

Dated: August 22, 2000.

Nick Gareri,

President.

U.S. Consumer Product Safety

Commission.

Alan H. Schoem,

Assistant Executive Director, Office of

Compliance.

Eric L. Stone,

Director, Legal Division, Office of

Compliance.

Dated: August 16, 2000.

Jimmie L. Williams, Jr.,

Trial Attorney, Legal Division, Office of

Compliance.

Order

Upon consideration of the Settlement

Agreement entered into between Riello

Corporation of America, a

Massachusetts Corporation, and the staff

of the U.S. Consumer Product Safety

Commission; and the Commission

having jurisdiction over the subject

matter and Riello Corporation of

America, and it appearing that the

Federal Register / Vol. 65, No. 185 / Friday, September 22, 2000 / Notices 57321

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 Final Order, Riello Corporation of

America shall pay the Commission a

civil penalty in the amount of One

Hundred and Twenty Five Thousand

Dollars ($125,000.00) within 30

calendar days after service of this Final

Order upon Riello Corporation of

America.

Provisionally accepted and Provisional

Order issued on the 18th day of September,

2000.

By Order of the Commission.

Sadye E. Dunn,

Secretary, U.S. Consumer Product Safety

Commission.

[FR Doc. 00–24339 Filed 9–21–00; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Renewal of the Defense Intelligence

Agency Science and Technology

Advisory Board

ACTION: Notice.

SUMMARY: The Defense Intelligence

Agency Science and Technology

Advisory Board (DIA/STAB) has been

renewed in consonance with the public

interest, and in accordance with the

provisions of Public Law 92–463, the

‘‘Federal Advisory Committee Act.’’

The DIA/STAB provides scientific

and technical expertise and advice to

the Secretary of Defense and the

Director Defense Intelligence Agency on

current and long-term operational and

intelligence matters conferring Defense

Intelligence Agency’s mission.

The Committee will continue to be

composed of 30 to 36 members from

government agencies, and senior

officials from large and small

corporations, private consultants, and

the academic community. Efforts will be

made to ensure that there is a fairly

balanced membership in terms of the

functions to be performed and the

interest groups represented.

FOR FURTHER INFORMATION CONTACT:

Please contact Victoria Prescott, Defense

Intelligence Agency, telephone: 202–

231–4930.

Dated: September 15, 2000.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–24332 Filed 9–21–00; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Renewal of the Joint Advisory

Committee on Nuclear Weapons

Surety

ACTION: Notice.

SUMMARY: The Joint Advisory

Committee on Nuclear Weapons Surety

(JACNWS) has been renewed in

consonance with the public interest,

and in accordance with the provisions

of Public Law 92–463, the ‘‘Federal

Advisory Committee Act.’’

The JACNWS provides advice and

recommendations to the Secretary of

Defense and the Secretary of Energy on

nuclear weapons systems surety

matters. The Committee undertakes

studies and prepares reports on national

policies and procedures to ensure the

safe handling, stockpiling, maintenance,

disposition and risk reduction of

nuclear weapons.

The Committee will continue to be

composed of four to seven members,

both government and non-government

individuals, who are acclaimed experts

in nuclear weapons surety measures.

Efforts will be made to ensure that there

is a fairly balanced membership in

terms of the functions to be performed

and the interest groups represented.

FOR FURTHER INFORMATION CONTACT:

Please contact Mr. Bill Daitch, Defense

Threat Reduction Agency, telephone:

703–325–0581.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–24331 Filed 9–21–00; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Meeting of the Advisory Council on

Dependents’ Education

AGENCY: Department of Defense

Education Activity (DoDEA).

ACTION: Notice of meeting.

SUMMARY: Pursuant to Public Law 92–

463, notice is hereby given that a

meeting of the Advisory Council on

Dependents’ Education (ACDE) is

scheduled to be held from 8 a.m. to 5

p.m. on Saturday, October 7, 2000. The

meeting will be open to the public and

will be held in the Constellation Room

at U.S. Navy Europe’s headquarters on

North Audley Street in London,

England. The meeting will be preceded

by visits by ACDE members and DoDEA

representatives to DoD overseas schools

in Iceland, the United Kingdom,

Belgium, and Netherlands from October

2–4. The purpose of the Council is to

recommend to the Director, Department

of Defense Dependents Schools

(DoDDS), general policies for the

operation of the DoDDS; to provide the

Director with information about

effective educational programs and

practices that should be considered by

DoDDS; and to perform other tasks as

may be required by the Secretary of

Defense. The focus of this meeting will

be on student achievement and progress

towards organizational strategic goals.

For further information contact Ms.

Polly Purser, at 703–696–4235,

extension 1911.

Dated: September 18, 2000.

L.M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 00–24330 Filed 9–21–00; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF EDUCATION

Submission for OMB Review;

Comment Request

AGENCY: Department of Education.

SUMMARY: The Leader, Regulatory

Information Management Group, Office

of the Chief Information Officer invites

comments on the submission for OMB

review as required by the Paperwork

Reduction Act of 1995.

DATES: Interested persons are invited to

submit comments on or before October

23, 2000.

ADDRESSES: Written comments should

be addressed to the Office of

Information and Regulatory Affairs,

Attention: Lauren Wittenberg, Acting

Desk Officer, Department of Education,

Office of Management and Budget, 725

17th Street, NW., Room 10235, New

Executive Office Building, Washington,

DC 20503 or should be electronically

mailed to the internet address

Lauren_Wittenberg@omb.eop.gov.

SUPPLEMENTARY INFORMATION: Section

3506 of the Paperwork Reduction Act of

1995 (44 U.S.C. Chapter 35) requires

that the Office of Management and

Budget (OMB) provide interested

Federal agencies and the public an early