3626 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Notices

Dated: January 11, 1995.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 95–1165 Filed 1–17–95; 8:45 am]

BILLING CODE 3510–22–F

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 95–C0006]

Boley Corp., 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)–(h).

Published below is a provisionallyaccepted Settlement Agreement with

Boley Corporation, a corporation.

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

2, 1995.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 95–C0006, Office of the

Secretary, Consumer Product Safety

Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT: Earl

A. Gershenow, Trial Attorney, Office of

Compliance and Enforcement,

Consumer Product Safety Commission,

Washington, DC 20207; telephone (301)

504–0626.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: January 11, 1995.

Sadye E. Dunn,

Secretary.

Settlement Agreement and Order

1. Boley Corporation (hereinafter,

‘‘Boley’’), a corporation, enters into this

Settlement agreement and Order

(hereinafter, ‘‘Settlement Agreement’’)

with the staff of the Consumer Project

Safety Commission, and agrees to the

entry of the Order described herein. The

purpose of the Settlement Agreement is

to settle the staff’s allegations that Boley

knowingly caused the introduction into

interstate commerce of certain banned

hazardous toys, in violation of section

4(a) of the Federal Hazardous

Substances Act, 15 U.S.C. 1263(a).

I. The Parties

2. The ‘‘staff’’ is the staff of the

Consumer Product Safety Commission,

an independent regulatory commission

of the United States established

pursuant to section 4 of the CPSA, 15

U.S.C. 2053.

3. Boley is a corporation organized

and existing under the laws of the State

of California, since 1983. The firm’s

principal place of business is located at

2022 Violet Street, Los Angeles,

California 90021. Boley is an importer

and wholesale distributor of toys. Toys

intended for use by children under three

years of age constitute less then ten

percent of the firm’s business.

II. Allegations of the Staff

4. Boley is a ‘‘person’’ within the

meaning the meaning of section 2 of the

FHSA, 15 U.S.C. 1261(e), and therefore,

subject to the jurisdiction of the

Consumer Product Safety Commission.

5. On five occasions between April 7,

1991, and March 22, 1992, Boley caused

the introduction into interstate

commerce of 13 kinds of toys (78,408

units) intended for use by children

under three years of age, which are

identified and described below:

Sample No. Product Entry

date Expt/mfg

M–867–2037 . Row boats ................................................................................................ 4/7/91 Switoy Limited.

M–867–2430 . Wind-Up Wanderer and Happy Bird toys ................................................ 2/11/91 Switoy Limited.

M–867–2431 . Wind-Up Wanderer Cloud Buster ............................................................ 2/11/91 Switoy Limited.

M–867–2453 . Funny Buster ........................................................................................... 2/18/91 Switoy Limited.

P–867–7718 . Plastic twin baby ...................................................................................... 2/28/91 Switoy Limited.

P–867–7820 . Megatop machine cement truck .............................................................. 3/22/92 Switoy Limited.

P–867–7821 . Megatop machine bulldozer .................................................................... 3/22/92 Switoy Limited.

P–867–7822 . Megatop machine crane truck ................................................................. 3/22/92 Switoy Limited.

P–867–7823 . Megatop machine dump truck ................................................................. 3/22/92 Switoy Limited.

P–867–7824 . Megatop machine desert star van ........................................................... 3/22/92 Switoy Limited.

P–867–7825 . Megatop machine desert star racing car ................................................. 3/22/92 Switoy Limited.

P–867–7826 . Desert star jeep ....................................................................................... 3/22/92 Switoy Limited.

P–867–7827 . Desert star bug ........................................................................................ 3/22/94 Switoy Limited.

6. The toys identified in paragraph 6

above are subject to, but failed to

comply with, the Commission’s Small

Parts Regulation, 16 CFR part 1501, in

that when tested under the ‘‘use and

abuse’’ test methods specified in 16 CFR

1500.51 and 1500.52, (a) one or more

parts of each tested toy separated and

(b) one or more of the separated parts

from each of the tested toys fit

completely within the test cylinder, as

set forth in 16 CFR 1501.4.

7. Because separated parts fit

completely within the test cylinder as

described in paragraph 7 above, each of

the toys identified in paragraph five

presents a ‘‘mechanical hazard’’ within

the meaning of section 2(s) of the FHSA,

15 U.S.C. 1261(s) (chocking, aspiration

and/or ingestion of small parts).

8. Each of the toys identified in

paragraph 6 above is a ‘‘hazardous

substance’’ pursuant to section 2(f)(1)(D)

of the FHSA, 15 U.S.C. 1261(f)(1)(D).

9. Each of the toys identified in

paragraph 6 above is a ‘‘banned

hazardous substance’’ pursuant to (a)

section 2(q)(1)(A) of the FHSA, 15

U.S.C. 1261(q)(1)(A) (any toy or other

article intended for use by children

which bears or contains a hazardous

substance); and (b) 16 CFR

1500.18(a)(9).

10. Boley knowingly introduced or

caused the introduction into interstate

commerce; or received in interstate

commerce and delivered or proffered

delivery thereof for pay or otherwise,

the banned hazardous toys identified in

paragraph 6 above, in violation of

sections 4 (a) or (c) of the FHSA, 15

U.S.C. 1263 (a) or (c), respectively.

III. Response of Boley

11. Boley denies the allegations of the

staff set forth in paragraphs 5 through 11
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