59826 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices

Coffee ‘‘C’’ Resolution No. 2(IV)(2), the

warehouse will be required to keep a log

of the weekly inspections. The log will

be required to contain specific

information including the location of

the warehouse, the name of the

individual who conducted the

inspection, and the Exchange

application and lot numbers of the bags

found to require maintenance work.

The proposed amendments also

would provide, in part, that a dispute

between any member and a licensed

warehouse operator concerning the

liability for a torn bag during the

delivery period may be settled by

arbitration before a Special Arbitration

Committee consisting of three

disinterested members of the Exchange’s

Warehouse and License Committee,

who must be appointed by the

Committee’s Chairman within one

business day after the Exchange’s

receipt of a written notice of the

dispute. If members of the Warehouse

and License Committee have an interest

in the dispute, the Chairman may

appoint other persons who are

associated with coffee warehousing and

storage. However, at least one member

of the Special Arbitration Committee

must be a member of the Exchange’s

Warehouse and License Committee. The

proposed amendments also would

change the fee a claimant must pay for

filing a notice of dispute with the

Exchange to $375 for each lot of coffee

covered by a notice of dispute, in place

of the current requirement that a single

fee of $375 per notice by paid.

The Exchange intends to make the

proposed amendments effective upon

Commission approval for all existing

and newly listed contract months.

According to the Exchange, the

proposed amendments concerning the

liability for repair of torn coffee bags

essentially will provide that, as long as

the warehouse is doing its job as

required by Resolution No. 2, then

either the delivery or the receiver is

responsible for repair of the bags.

The Division is requesting comments

on the proposed amendments.

Copies of the proposed amendments

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

proposed amendments 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 at

secretary@cftc.gov.

Other materials submitted by the

Exchange in support of the proposal

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 amendments, or with respect

to other materials submitted by the

Exchange, 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

3,2000.

Richard Shilts,

Acting Director.

[FR Doc. 00–25924 Filed 10–5–00; 8:45 am]

BILLING CODE 6351–01–M

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 01–C00001]

Crawford Textile Corporation, a

Corporation, Provisional Acceptance

of a Settlement Agreement and Order

AGENCY: Consumer Profice 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(f). Published

below is a provisionally-accepted

Settlement Agreement with Crawford

Textile Corporation, a corporation,

containing a civil penalty of $150,000.

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

23, 2000.

ADDRESSES: Persons wishing to

commment on this Settlement

Agreement should send written

comments to the Comment 01–C0001,

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)

504–0226, 1346.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: October 2, 2000.

Todd A. Stevenson,

Deputy Secretary.

Settlement Agreement and Order

1. This Settlement Agreement and

Order, entered into between Crawford

Textile Corporation (hereinafter,

‘‘Crawford’’ or ‘‘Respondent’’), a

corporation, and the staff of the

Consumer Product Safety Commission

(hereinafter, ‘‘Staff’’), pursuant to the

procedures set forth in 16 CFR 1118.20,

is a compromise resolution of the matter

described herein, without a hearing or

determination of issues of law and fact.

I. The Parties

2. The ‘‘staff’’ is the staff of the

Consumer Product Safety Commission

(hereinafter, ‘‘Commission’’), an

independent federal regulatory

commission of the United States

government established pursuant to

section 4 of the Consumer Product

Safety Act (CPSA), as amended, 15

U.S.C. 2053.

3. Respondent Crawford Textile

Corporation is a corporation organized

and existing under the laws of the State

of North Carolina. Its office is located at

319–A South Westgate Drive,

Greensboro, NC 27407. Respondent is a

converter of circular knitted fabrics.

II. Allegations of the Staff

A. Violation of the Flammable Fabrics

Act

4. On August 27, 1998, Respondent

entered into a contract with Milano

Express, Inc. (hereinafter, ‘‘Milano’’)

whereby Respondent agreed to

manufacture for sale approximately

25,000 yards of weathered blue sherpa

fabric, style number 11012, 80% cotton/

20% polyester (hereinafter, ‘‘fabric’’).

5. In September 1998, Respondent

manufactured for sale approximately

22,570 yards of fabric for Milano.

6. Respondent sold, caused to be

transported, and delivered after a sale,

in commerce, approximately 22,570

yards of fabric to Milano in September

1998.

7. The fabric is subject to the Standard

for the Flammability of Clothing

Textiles (hereinafter, ‘‘Clothing

Standard’’), 16 CFR Part 1610, issued

under section 4 of the Flammable

Fabrics Act (FFA), 15 U.S.C. 1193.

8. After Respondent had shipped and

distributed all of the fabric to Milano,

Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices 59827

Respondent received flammability test

reports for the fabric on October 7 and

9, 1998. The test results showed that

several lots of the fabric did not comply

with the Clothing Standard and,

therefore, were dangerously flammable

and unsuitable to be made into clothing

because of their rapid and intense

burning.

9. Respondent never informed Milano

that several lots of the fabric did not

comply with the Clothing Standard. As

a result, Milano distributed to a retailer

between 3,300 to 4,000 sweatshirts

made from fabric that violated the

Clothing Standard.

10. On February 2, 1999, the staff

learned an 80 year old woman suffered

third degree burns to 18% of her body

when the blue pullover Milano

sweatshirt she was wearing caught fire

when she struck a book match to light

her cigarette and a burning fragment of

the match head landed on it.

11. After receiving this report, the

staff sampled a Milano blue pullover

sweatshirt from a retailer. The staff

tested the sweatshirt. The test results

showed the sweatshirt violated the

Clothing Standard and, therefore, was

dangerously flammable and unsuitable

for clothing because it was susceptible

to rapid and intense burning when

exposed to an ignition source.

Respondent manufactured the blue

sherpa fabric used by Milano to

manufacture the sweatshirt that the staff

tested.

12. On March 17, 1999, the staff

notified Milano that the sweatshirt

failed to comply with the Clothing

Standard.

13. After receipt of this information,

Milano tested sweatshirts made from

fabric manufactured by Respondent.

The test results confirmed the

sweatshirts violated the Clothing

Standard.

14. Respondent knowingly

manufactured for sale, sold, caused to

be transported, and delivered after a

sale, in commerce, fabric that violated

the Clothing Standard, 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, and subjects Respondent to

civil penalties pursuant to section

5(e)(1) of the FFA, 15 U.S.C. 1194(e)(1).

B. Violation of the Consumer Product

Safety Act

15. The allegations contained in

paragraphs 4 through 14 above are

repeated and realleged, as applicable.

16. The fabric is a ‘‘consumer

product’’ and Respondent Crawford

Textile Corporation is a ‘‘manufacturer’’

of a ‘‘consumer product’’ which is

‘‘distributed in commerce’’ as those

terms are defined in sections 3(a)(1), (4),

and (11) of the CPSA, 15 U.S.C.

2052(a)(1), (4), and (11).

17. Upon receipt of failing

flammability test results in October

1998, Respondent had sufficient

information to conclude that several lots

of the fabric contained a defect which

could create a substantial product

hazard or created an unreasonable risk

of serious injury or death. Specifically,

the fabric presented a flammability risk.

18. Respondent also had sufficient

information to foresee that its fabric

could cause severe burn injuries or

death.

19. Respondent did not notify Milano

or the Commission of its failing test

results, or of the risk presented by

garments manufactured with its fabric.

20. On or about March 25, 1999,

Respondent learned from Milano that

the Commission had sampled and tested

a sweatshirt made from fabric

manufactured by Respondent and found

it was dangerously flammable and

unsuitable for clothing because of its

rapid and intense burning.

21. On or about March 29, 1999,

Milano faxed to Respondent the

Commission’s and its own flammability

test reports for sweatshirts made from

fabric manufactured by Respondent.

The test results showed that sweatshirts

made from that fabric violated the

Clothing Standard.

22. Only after receiving all of this

evidence and knowing the Commission

was already aware of the hazard did

Respondent notify the Commission

about its hazardous fabric pursuant to

section 15(b) of the CPSA.

23. By October 1998, Respondent had

obtained sufficient information to

reasonably support the conclusion that

the fabric contained a defect which

could create a substantial product

hazard or created an unreasonable risk

of serious injury or death. Respondent

failed to report such information in a

timely manner as required by section

15(b) of the CPSA. A failure to report

under section 15(b) is a prohibited act

under section 19(a)(4) of the CPSA, 15

U.S.C. 2068(a)(4). By knowingly failing

to report, Respondent is subject to civil

penalties under section 20 of the CPSA,

15 U.S.C. 2069.

III. Response of Respondent

24. Respondent denies the staff’s

allegations set forth in paragraphs 4

through 23 above.

25. Respondent denies that it

knowingly violated either the

Flammable Fabrics Act or the Consumer

Product Safety Act.

IV. Agreement of the Parties

26. The Commission has jurisdiction

over Respondent and the subject matter

of this Settlement Agreement and Order

under the Consumer Product Safety Act

(CPSA), 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.

27. 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’s Clothing Standard and/or the

CPSA’s Reporting Requirement.

28. 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

1118.20(f). 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 16th day after

the date it is published in the Federal

Register.

29. Upon final acceptance of this

Settlement Agreement by the

Commission and issuance of the Final

Order, Respondent knowingly,

voluntarily, and completely waives any

rights it 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 Respondent failed to comply

with the FFA, as alleged, or the CPSA,

as alleged, (4) to a statement of findings

of facts and conclusions of law, and (5)

to any claims under the Equal Access to

Justice Act.

30. In settlement of the staff’s

allegations, Respondent agrees to pay a

$150,000.00 civil penalty as set forth in

the incorporated Order.

31. The Commission may publicize

the terms of the Settlement Agreement

and Order.

32. Upon final acceptance by the

Commission of this Settlement

Agreement and Order, the Commission

shall issue the attached Order

incorporated herein by reference.

33. A violation of the attached Order

shall subject Respondent to appropriate

legal action.

34. Agreement, understandings,

representations, or interpretations made

outside this Settlement Agreement and

Order may not be used to vary or

contradict its terms.

59828 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Notices

35. The provisions of this Settlement

Agreement and Order shall apply to

Respondent and each of its successors

and assigns.

Respondent Crawford Textile Corporation

Dated: August 30, 2000

John C. McCuiston,

President, Crawford Textile Corporation,

319–A South Westgate Drive, Greensboro, NC

27407.

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: August 31, 2000

Dennis C. Kacoyanis,

Trial Attorney, Legal Division, Office of

Compliance.

Order

Upon consideration of the Settlement

Agreement entered into between Respondent

Crawford Textile Corporation (hereinafter,

‘‘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 be

and hereby is accepted, and it is

Further ordered, that upon final acceptance

of the Settlement Agreement and Order,

Respondent Crawford Textile Corporation

shall pay to the United States Treasury a civil

penalty in the amount of One Hundred Fifty

Thousand and 00/100 Dollars ($150,000,000)

in three (3) payments each. The first payment

of Fifty Thousand and 00/100 Dollars

($50,000) shall be paid within twenty (20)

days after service of the Final Order of the

Commission (hereinafter, ‘‘the anniversary

date’’). The second payment of Fifty

Thousand and 00/100 Dollars ($50,000.00)

shall be paid within one (1) year of the

anniversary date. The third payment shall be

paid within two (2) years of the anniversary

date. Upon the failure of Respondent

Crawford Textile Corporation to make a

payment or upon the making of a late

payment by Respondent Crawford Textile

Corporation (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 (b).

Provisionally accepted and provisioned

Order issued on the 2nd day of October,

2000.

By Order of the Commission.

Todd A. Stevenson,

Deputy Secretary, Consumer Product Safety

Commission.

[FR Doc. 00–25659 Filed 10–5–00; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Department of the Army

Army Science Board; Notice of Open

Meeting

In accordance with section 10(a)(2) of

the Federal Advisory Committee Act

(Pub. L. 92–463), announcement is

made of the following Committee

Meeting.

Name of Committee: Army Science Board

(ASB).

Date of Meeting: October 30, 2000—

November 1, 2000.

Time of Meeting: 0730—1700.

Place: Fort Benning, Georgia (Classroom

Six in the Infantry Hall).

Agenda: The Army Science Board’s (ASB)

will hold their annual Fall Membership

meeting at Fort Benning. This meeting will

be open to the public. Any interested person

may attend, appear before, or file statements

with the committee at the time and in the

manner permitted by the committee. For

further information, please contact Mr.

Everett R. Gooch at (703) 604–7479.

Wayne Joyner,

Program Support Specialist, Army Science

Board.

[FR Doc. 00–25759 Filed 10–5–00; 8:45 am]

BILLING CODE 3710–08–M

DEPARTMENT OF DEFENSE

Department of the Army

Board of Visitors, United States

Military Academy

AGENCY: United States Military

Academy, Army, DoD.

ACTION: Notice of open meeting.

SUMMARY: In accordance with section 10

(a)(2) of the Federal Advisory

Committee Act (Pub. L. 92–463),

announcement is made of the following

meeting:

Name of Committee: Board of

Visitors, United States Military

Academy.

Date of Meeting: 17 November 2000.

Place of Meeting: Superintendent’s

Conference Room, Taylor Hall, United

States Military Academy, West Point,

New York.

Start Time of Meeting: Approximately

1 p.m.

FOR FURTHER INFORMATION CONTACT: For

further information, contact Lieutenant

Colonel John L. Pothin, United States

Military Academy, West Point, NY

10996–5000, (914) 938–4200.

SUPPLEMENTARY INFORMATION:

Proposed Agenda: Review of the

Academic, Military and Physical

Programs, Bicentennial Campaign,

Athletic Program, Admissions at USMA

and USMAPS Program update. All

proceedings are open.

Gregory D. Showalter,

Army Federal Register Liaison Officer.

[FR Doc. 00–25657 Filed 10–5–00; 8:45 am]

BILLING CODE 3710–08–M

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

Withdrawal of Notice of Intent To

Prepare a Draft Environmental Impact

Statement for the Whitney Point Lake

Project Modification, Susquehanna

River Basin Water Management

Feasibility Study, Broome County, NY

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Notice of withdrawal.

SUMMARY: The U.S. Army Corps of

Engineers, Baltimore District, is

withdrawing its intent to prepare a Draft

Environmental Impact Statement (DEIS)

for modification of the Whitney Point

Lake, Broome County, New York. The

Corps’ environmental analyses have not

identified any significant adverse

impacts associated with the proposed

action; therefore, intent to prepare a

DEIS is hereby terminated. The Corps is

preparing an Environmental Assessment

(EA) for the proposed project

modification. The draft EA evaluates the

elimination of the 7-foot annual winter

drawdown and the release of water from

the lake for low flow augmentation

(drought conditions) for the

enhancement of acquatic habitat

downstream of the lake, in the Otselic,

Tioughnioga, and Chenango River

reaches. The Susquehanna River Basin

Commission is the non-Federal, costsharing partner and is participating in

the feasibility study and draft EA

development. The goal of this project is

to provide for low flow augmentation

during drought conditions and reduce

the stress upon the aquatic ecosystem.

Formulation of the restoration measures

focus on examining existing conditions,

maximizing potential benefits to the inlake and downstream aquatic resources,

and minimizing impacts to in-lake

resources and recreational facilities due

to lake drawdowns resulting from low

flow augmentation releases. The draft

feasibility report and integrated EA is

scheduled to be released for a 30-day

public review and comment period in

October 2000.

FOR FURTHER INFORMATION CONTACT:

Questions about the termination of the

DEIS can be addressed to Ms. Maria E.

de la Torre, Study Manager, Baltimore