Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Notices 3627

above that it has knowingly caused the

introduction into commerce of the

aforesaid banned hazardous toys, or that

it has violated the FHSA as alleged by

the staff.

IV. Agreement of the Parties

12. The Consumer Product Safety

Commission has jurisdiction over Boley

and the subject matter of this Settlement

Agreement under the following acts:

Consumer Product Safety Act, 15 U.S.C.

2051 et seq., and the Federal Hazardous

Substances Act, 15 U.S.C. 1261 et seq.

13. Upon final acceptance by the

Commission of this Settlement

Agreement and Order, the Commission

shall issue the attached Order

incorporated herein by reference.

14. The Commission does not make

any determination that Boley knowingly

violated the FHSA. The Commission

and Boley agree that this Agreement is

entered into for the purposes of

settlement only.

15. Upon final acceptance of this

Settlement Agreement by the

Commission and issuance of the Final

Order, Boley 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 Boley failed to comply with the

FHSA as aforesaid, (4) to a statement of

findings of fact and conclusions of law,

and (5) to all claims under the Equal

Access to Justice Act, 28 U.S.C. 2412.

16. For purposes of section 6(b) of the

CPSA, 15 U.S.C. 2055(b), this matter

shall be treated as if a complaint had

issued; and, the Commission may

publicize the terms of the Settlement

Agreement and the Order.

17. Upon provisional acceptance of

this Settlement Agreement by the

Commission, this Settlement Agreement

and the Provisional 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(e)–(h). If the

Commission does not receive any

written request not to accept the

Settlement Agreement within 15 days,

the Settlement Agreement shall be

deemed finally accepted and the Final

Order shall be deemed issued on the

16th day after the date the Settlement

Agreement is published in the Federal

Register.

18. The parties further agree that the

Commission shall issue the aforesaid

Order; and that a violation of the Order

shall subject Boley to appropriate legal

action.

19. Agreements, understandings,

representations, or interpretations made

outside of this Settlement Agreement

may not be used to vary or contradict its

terms.

20. The provisions of the Settlement

Agreement and Final Order shall apply

to Boley and each of its successors and

assign.

Respondent Boley Corporation,

Dated: November 11, 1994, by:

Ronald Wong,

President, Boley Corporation, 2022 Violet

Street, Los Angeles, California 90021.

Commission Staff

David Schmeltzer,

Assistant Executive Director, Office of

Compliance and Enforcement.

Eric L. Stone,

Acting Director, Division of Administrative

Litigation, Office of Compliance and

Enforcement.

Dated: December 6, 1994, by:

Earl A. Gershenow,

Trial Attorney, Division of Administrative

Litigation, Office of Compliance and

Enforcement.

Dated: December 6, 1994, by:

Dennis C. Kacoyanis,

Trial Attorney, Division of Administrative

Litigation, Office of Compliance and

Enforcement.

Order

Upon consideration of the Settlement

Agreement entered into between

respondent Boley Corporation, a

corporation, and the staff of the

Consumer Product Safety Commission,

and the Commission having jurisdiction

over the subject matter and Boley

Corporation; 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; and it is

Further Ordered, That upon final

acceptance of the Settlement Agreement

and Order, Boley Corporation shall pay

to the Commission a civil penalty in the

amount of sixty thousand and 00/100

dollars ($60,000.00) in three (3)

payments of twenty thousand and 00/

100 dollars ($20,000.00) each. The first

payment shall be due within twenty (20)

days after service of the Final Order of

the Commission accepting the

Settlement Agreement, hereinafter, the

‘‘anniversary date.’’ The second

payment shall be made within one year

of the anniversary date, and the third

payment shall be made within two years

of the anniversary date. Payment of the

full amount of the civil penalty shall

settle fully the staff’s allegations set

forth in paragraphs 5 through 11 of the

Settlement Agreement and Order that

Boley Corporation knowingly violated

the FHSA. Upon the failure by Boley

Corporation to make a payment or upon

the making of a late payment by Boley

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 Provisional

Order issued on the 11th day of January

1995.

By order of the Commission.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 95–1203 Filed 1–17–95; 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.

SUMMARY: The Department of Defense

(DoD) announces a meeting of the

Defense Partnership Council. Notice of

this meeting is required under the

Federal Advisory Committee Act. This

meeting is open to the public. The

topics to be discussed are promotion of

partnership and partnership training.

DATES: The meeting is to be held

Wednesday February 1, 1995, in room

1E801, Conference Room 4 the Pentagon

from 10:00 a.m. until 12 noon.

Comments should be received by

January 24, 1995, in order to be

considered at the February 1, meeting.

ADDRESSES: We invite interested

persons and organizations to submit

written comments or recommendations.

Mail or deliver your comments or

recommendations to Mr. Kenneth

Oprisko at the address shown below.

Seating is limited and available on a

first-come, first-served basis.

Individuals wishing to attend who do

not possess an appropriate Pentagon

building pass should call the below

listed telephone number to obtain

instructions for entry into the Pentagon.

Handicapped individuals wishing to

attend should also call the below listed

telephone number to obtain appropriate

accommodations.

FOR FURTHER INFORMATION CONTACT:

Mr. Kenneth Oprisko, Chief, Labor

Relations Branch, Field Advisory

Services Division, Defense Civilian

Personnel Management Service, 2461
3628 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Notices

Eisenhower Ave., Hoffman Building #1,

Suite 152, Alexandria, VA 22331–0900,

(703) 325–1380.

Dated: January 11, 1995.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–1090 Filed 1–17–95; 8:45 am]

BILLING CODE 5000–04–M

Department of the Army

Army Science Board; 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: 8 February 1995.

Time of Meeting: 0900–1600.

Place: Arlington, VA.

Agenda: The Army Science Board

Infrastructure and Environment Issue Group

will meet to develop a working outline in

preparation for writing a study report on

‘‘Natural Attenuation as a Remedial

Alternative.’’ Any interested person may

attend, appear before, or file statements with

the committee at the time and in the manner

permitted by the committee. The ASB

Administrative Officer, Sally Warner, may be

contacted for further information at (703)

695–3039/7046.

Sally A. Warner,

Administrative Officer, Army Science Board.

[FR Doc. 95–1112 Filed 1–17–95; 8:45 am]

BILLING CODE 3710–08–M

Department of the Navy

CNO Executive Panel; Closed Meeting

Pursuant to the provisions of the

Federal Advisory Committee Act (5

U.S.C. App. 2), notice is hereby given

that the Chief of Naval Operations

(CNO) Executive Panel will meet on

January 30 from 10:00 a.m. to 11:30

a.m., February 2 from 9:30 a.m. to 11:00

a.m., and February 3, 1995, from 11:00

a.m. to 12:30 p.m., at the Pentagon

Room 4E674. These meetings will be

closed to the public.

The purpose of these meetings is to

present initial briefings on naval warfare

innovations, surface warship design,

and strategies for an uncertain future.

These matters constitute classified

information that is specifically

authorized by Executive order to be kept

secret in the interest of national defense

and are, in fact, properly classified

pursuant to such Executive order.

Accordingly, the Secretary of the Navy

has determined in writing that the

public interest requires that all sessions

of the meeting be closed to the public

because they will be concerned with

matters listed in section 552b(c)(1) of

title 5, United States Code.

For further information concerning

this meeting, contact: Timothy J. Galpin,

Assistant for CNO Executive Panel

Management, 4401 Ford Avenue, Suite

601, Alexandria, VA 22302-0268,

Phone: (703) 756–1205.

Dated: January 11, 1995.

L.R. McNees,

LCDR, JAGC, USN, Federal Register Liaison

Officer.

[FR Doc. 95–1162 Filed 1–17–95; 8:45 am]

BILLING CODE 3810–FF–F

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

[OMB Control No. 9000–0013; FAR Case 94–

721]

Clearance Request for Cost or Pricing

Data and Exemption Information

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Notice of request for a revision

to an existing OMB clearance (9000–

0013).

SUMMARY: Under the provisions of the

Paperwork Reduction Act of 1980 (44

U.S.C. 3501), the Federal Acquisition

Regulation (FAR) Secretariat has

submitted to the Office of Management

and Budget (OMB) a request to review

and approve a revision of a currently

approved information collection

requirement concerning Cost or Pricing

Data and Exemption Information.

FOR FURTHER INFORMATION CONTACT:

Beverly Fayson, Office of Federal

Acquisition Policy, GSA (202) 501–

4755.

SUPPLEMENTARY INFORMATION:

A. Purpose

FAR case 94–721 implements Section

1201 through 1210 and Sections 1251

and 1252 of the Federal Acquisition

Streamlining Act of 1994 (the Act). It

was published as a proposed rule on

January 6, 1995 (60 FR 2282). Highlights

include making TINA requirements for

civilian agencies substantially the same

as those for the Department of Defense

(increasing the threshold for submission

of ‘‘cost or pricing data’’ to $500,000

and adding penalties for defective

pricing). Provisions are also included

that increase the threshold for October

1, 1995. New exceptions are added to

the requirement for the submission of

‘‘cost or pricing data’’ for commercial

items; approval levels for waivers are

changed, and prohibitions are placed on

acquiring ‘‘cost or pricing data’’ when

an exception applies. The coverage

includes a clear explanation of adequate

price competition as required by the

Act.

Also, FAR coverage has been included

that addresses (1) ‘‘information other

than cost or pricing data’’, (2)

exemptions based on established catalog

or market price, (3) inter-divisional

transfers of commercial items at price,

and (4) price competition when only

one offer has been received.

B. Annual Reporting Burden

Public reporting burden for this

collection of information is estimated to

average 4 hours per response, including

the time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Send

comments regarding this burden

estimate or any other aspect of this

collection of information, including

suggestions for reducing this burden, to

General Services Administration, FAR

Secretariat, 18th & F Streets, NW, Room

4037, Washington, DC 20405, and to the

FAR Desk Officer, Office of Information

and Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503.

The annual reporting burden is

estimated as follows: Respondents,

14,633; response per respondent, 6; total

annual responses, 87,798; preparation

hours per response, 3.89; and total

response burden hours, 341,534.

Obtaining Copies of Proposals

Requester may obtain copies of OMB

applications or justifications from the

General Services Administration, FAR

Secretariat (VRS), Room 4037,

Washington, DC 20405, telephone (202)

501–4755. Please cite OMB Control No.

9000–0013, Cost or Pricing Data and

Exemption Information, FAR case 94–

721, Truth in Negotiations Act and

Related Changes, in all correspondence.

Dated: January 11, 1995.

Beverly Fayson,

FAR Secretariat.

[FR Doc. 95–1204 Filed 1–17–95; 8:45 am]

BILLING CODE 6820–34–M