Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 / Notices 3881

DATES: Written or telefaxed comments

must be received on or before February

26, 1998.

ADDRESSES: The application and related

documents are available for review

upon written request or by appointment

in the following office(s): Permits and Documentation Division,

Office of Protected Resources, NMFS,

1315 East-West Highway, Room 13705,

Silver Spring, MD 20910 (301/713–

2289); and

Regional Administrator, Alaska

Region, NMFS, P.O. Box 21668, Juneau,

AK 99802–1668 (907/586–7221).

Written comments or requests for a

public hearing on this application

should be mailed to the Chief, Permits

and Documentation Division, F/PR1,

Office of Protected Resources, NMFS,

1315 East-West Highway, Room 13705,

Silver Spring, MD 20910. Those

individuals requesting a hearing should

set forth the specific reasons why a

hearing on this particular request would

be appropriate. Comments may also be submitted by

facsimile at (301) 713–0376, provided

the facsimile is confirmed by hard copy

submitted by mail and postmarked no

later than the closing date of the

comment period. Please note that

comments will not be accepted by email

or other electronic media.

Concurrent with the publication of

this notice in the Federal Register,

NMFS is forwarding copies of this

application to the Marine Mammal

Commission and its Committee of

Scientific Advisors.

SUPPLEMENTARY INFORMATION: The

subject permit is requested under the

authority of the Marine Mammal

Protection Act of 1972, as amended

(MMPA; 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 (ESA; 16 U.S.C. 1531

et seq.), and the regulations governing

the taking, importing, and exporting of

endangered fish and wildlife (50 CFR

222.23).

For the purposes of scientific

research, the applicant seeks

authorization to import from Canada,

three juvenile Steller sea lions

(Eumetopias jubatus) currently housed

at the Vancouver Aquarium, and two

juvenile harbor seals (Phoca vitulina)

presently residing at University of

British Columbia. Over a five-year

period the applicant requests to conduct

studies on the nutritional physiology,

metabolic development, and clinical

health of Steller sea lions and harbor

seals under captive conditions.

Incidental to this scientific research, the

public will be able to view the animals

as part of an education program.

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.

Dated: January 21, 1998.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 98–1932 Filed 1–26–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 012098A]

Marine Mammals; Scientific Research

Permits (559–1442 and P524B)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Receipt of applications.

SUMMARY: Notice is hereby given that

applications have been received from

the following individuals to take marine

mammals for purposes of scientific

research:

(559–1442) Mr. Salvatore Cerchio,

Museum of Zoology, University of

Michigan, 1109 Geddes Ave., Ann

Arbor, MI 48109–1079, has applied in

due form for a permit to import

humpback whale samples from Mexico;

and

(P524B) Dr. Shannon Atkinson,

Hawaii Institute of Marine Biology,

Univ. of HI, 1000 Pope Road MSB #213,

Honolulu, HI 96822, has applied in due

form for an amendment to Permit No.

969.

DATES: Written or telefaxed comments

must be received on or before February

26, 1998.

ADDRESSES: The applications and

related documents are available for

review upon written request or by

appointment in the following office(s): Permits and Documentation Division,

Office of Protected Resources, NMFS,

1315 East-West Highway, Room 13130,

Silver Spring, MD 20910 (301/713–

2289);

Northeast Region, NMFS, One

Blackburn Drive, Gloucester, MA

01930–2298 (508/281–9250); and

Southwest Region, NMFS, 501 West

Ocean Blvd., Long Beach, CA 90802–

4213 (310/980–4001).

Written comments or requests for a

public hearing on these applications

should be mailed to the Chief, Permits

and Documentation Division, F/PR1,

Office of Protected Resources, NMFS,

1315 East-West Highway, Room 13130,

Silver Spring, MD 20910. Those

individuals requesting a hearing should

set forth the specific reasons why a

hearing on a particular request would be

appropriate.

Comments may also be submitted by

facsimile at (301) 713–0376, provided

the facsimile is confirmed by hard copy

submitted by mail and postmarked no

later than the closing date of the

comment period. Please note that

comments will not be accepted by email

or other electronic media.

Concurrent with the publication of

this notice in the Federal Register,

NMFS is forwarding copies of this

application to the Marine Mammal

Commission and its Committee of

Scientific Advisors.

SUPPLEMENTARY INFORMATION: The

subject permit is requested under the

authority of the Marine Mammal

Protection Act of 1972, as amended

(MMPA; 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

222.23).

Mr. Salvatore Cerchio requests a

permit to import 1000 humpback whale

(Megaptera novaeangliae) biopsy tissue

samples from Mexico. Samples have

already been collected or will be

collected under permits issued by the

Mexican Government. The goals of the

project are to assess paternity and test

whether there is a large variance in

repreductive success among males,

typical of polygynous systems, or if

paternities are distributed randomly.

Dr. Shannon Atkinson requests an

amendment to Permit No. 969 to import

the reproductive tract tissues, blood,

plasma and serum of Mediterranean

monk seals (Monachus monachus)

taken from the subpopulation that

inhabits the coast of Mauritania in

North Africa and was involved in the

1997 die-off. Samples will be imported

from Spain, where they are currently in

storage. The applicant also requests

authority to collect and/or import the

same samples from all species of

pinnipeds (except walrus) involved in

beachings, strandings, die-offs, and

taken during normal veterinary

procedures on rehabilitated animals.

The objective is to evaluate repreductive
3882 Federal Register / Vol. 63, No. 17 /Tuesday, January 27, 1998 / Notices

hormone concentrations, obtained from

blood samples, with respect to

reproductive status of male and female

monk seals, and other pinnipeds.

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.

Dated: January 21, 1998.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 98–1934 Filed 1–26–98; 8:45 am]

BILLING CODE 3510–22–F

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 98–C0004]

In the Matter of COA, Inc., a

Corporation; Provisional Acceptance

of a Settlement Agreement and Order

AGENCY: Consumer Product Safety

Commission.

ACTION: Provisional 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 § 1118.20(e). Published

below is a provisionally-accepted

Settlement Agreement with COA, Inc., a

corporation, d/b/a Coaster Co. of

America ‘‘containing a civil penalty of

$300,000.’’.

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 February

11, 1998.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 98–C0004, Office of the

Secretary, Consumer Product Safety

Commission, Washington, D.C. 20207.

FOR FURTHER INFORMATION CONTACT:

Howard N. Tarnoff, 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: January 20, 1998.

Sadye E. Dunn,

Secretary.

In the Matter of COA, INC., a Corporation

d/b/a Coaster Co. of America

Settlement Agreement and Order

1. This Settlement Agreement and

Order, entered into between COA, Inc.,

d/b/a Coaster Co. of America, a

corporation (hereinafter, ‘‘COA’’), and

the staff of the Consumer Product Safety

Commission (hereinafter, ‘‘staff’’),

pursuant to the procedures set forth in

16 CFR § 1118.20, is a compromised

resolution of the matter described

herein, without a hearing or

determination of issues of law and fact.

The Parties

2. The staff is the staff of the

Consumer Product Safety Commission

(hereinafter, ‘‘Commission’’), an

independent federal regulatory agency

of the United States government,

established by Congress pursuant to

section 4 of the Consumer Product

Safety Act (hereinafter, ‘‘CPSA’’), as

amended, 15 USC § 2053.

3. Respondent COA is a corporation

organized and existing under the laws of

the State of California with its principal

corporate offices located at 1298

Sandoval St., Santa Fe Springs, CA

90670. COA is an importer and

wholesaler of all types of home

furnishings and furniture, including

baby cribs.

Staff Allegations

4. Section 4(a) of the Federal

Hazardous Substances Act (hereinafter,

‘‘FHSA’’), 15 U.S.C. § 1263(a), prohibits

the introduction into interstate

commerce of any banned hazardous

substance.

5. Section 15(b) of the CPSA, 15

U.S.C. § 2064(b), requires a

manufacturer of a consumer product

who, inter alia, obtains information that

reasonably supports the conclusion that

the product contains a defect which

could create a substantial product

hazard or creates an unreasonable risk

of serious injury or death, to

immediately inform the Commission of

the defect or risk.

6. From approximately January 1993

through December 1996, COA imported

and introducted into interstate

commerce approximately 940 full-size

baby cribs, identified as model 2368.

7. From approximately June 1996

through April 1997, COA imported and

introduced into interstate commerce

approximately 900 full-size baby cribs,

identified as model 2364.

8. The staff inspected and evaluated

these 2 cribs and identified multiple

violations of the FHSA and its

regulations, Requirements for Full-Size

Baby Cribs, 16 CFR Part 1508 (crib

regulations). Any one of the FHSA

violations is sufficient to render each

crib to be a ‘‘banned hazardous

substance’’ under the FHSA and the

applicable crib regulation.

9. Specifically, model 2368 violated

the FHSA and its crib regulations at 16

CFR §§ 1508.4 (a) and (b) (spacing of

crib components); 16 CFR § 1508.6(b)

(requirements for hardware), and; 16

CFR §§ 1508.9(b)(2) and (d) (identifying

marks, warning statement, and

compliance declaration).

10. Specifically, model 2364 violated

the FHSA and its crib regulations at 16

CFR § 1508.4(a); 16 CFR § 1508.7(c)

(requirements for construction and

finishing), and; 16 CFR §§ 1508.9(b) (1)

and (2) and (c).

11. In addition, on or about August

21, 1996, COA received a test report on

a sample of model #2364 crib performed

by the Detroit Testing Laboratory, Inc.

(DTL) on August 20, 1996. DTL had

identified and listed substantially all of

the violations which the Commission’s

evaluations subsequently identified.

DTL also noted that the decorative ‘‘S’’

on the side rails may present a potential

for entrapment and strangulation. COA

knew or should have known of these

violations of the FHSA on or about

August 21, 1996, yet it failed to report

this to the Commission, as required by

section 15(b) of the CPSA. Further, it

continued to sell these cribs until at

least March 18, 1997.

12. Because these two cribs failed to

meet the Requirements for Full-Size

Baby Cribs, each of them is a ‘‘banned

hazardous substance’’ within the

meaning of section 2(q)(1)(A) of the

FHSA, 15 U.S.C. 1261 (q)(1)(A). The

introduction into interstate commerce of

these banned hazardous substances by

COA was a prohibited act pursuant to

section 4(a) of the FHSA and was

committed ‘‘knowingly’’, as that term is

defined in section 5(c)(5) of the FHSA,

15 U.S.C. 1264(c)(5).

13. Although COA had obtained

sufficient information to reasonably

support the conclusion that these cribs

contained a defect which could create a

substantial product hazard, or created

an unreasonable risk of serious injury or

death, it failed to report such

information to the Commission in a

timely manner, as required by section

15(b) of the CPSA. This is a violation of

section 19(a)(4) of the CPSA, 15 U.S.C.

§ 2068(a)(4).

14. Respondent’s failure to report to

the Commission, as required by section

15(b) of the CPSA, was committed

‘‘knowingly’’, as that term is defined in