Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Notices 3997

Apparel, U.S. Department of Commerce,

(202) 482–3400.

SUPPLEMENTARY INFORMATION:

Authority: Section 204 of the Agricultural

Act of 1956, as amended (7 U.S.C. 1854);

Executive Order 11651 of March 3, 1972, as

amended.

To facilitate implementation of the

Bilateral Textile Memorandum of

Understanding dated February 1, 1997

between the Governments of the United

States and the People’s Republic of

China (see 64 FR 69228, published on

December 10, 1999) and the export visa

arrangement dated February 1, 1997 (see

62 FR 15465, published on April 1,

1997) based upon the Harmonized Tariff

Schedule (HTS), a certain HTS

classification number is being changed

for products in part-Category 666–C

which are entered into the United States

for consumption or withdrawn from

warehouse for consumption on and after

January 1, 2001, regardless of the date

of export.

In the letter published below, the

Chairman of CITA directs the

Commissioner of Customs to amend all

import controls and all visa and

certification requirements for products

exported from China in part-Category

666–C.

Richard B. Steinkamp,

Chairman, Committee for the Implementation

of Textile Agreements.

Committee for the Implementation of Textile

Agreements

January 10, 2001.

Commissioner of Customs,

Department of the Treasury, Washington, DC

20229.

Dear Commissioner: This directive

amends, but does not cancel, the directive

issued to you on December 6, 1999 by the

Chairman, Committee for the Implementation

of Textile Agreements, which includes manmade fiber textile products in part-Category

666–C, produced or manufactured in China

and imported into the United States on and

after January 1, 2001, regardless of the date

of export.

Also, this directive amends, but does not

cancel, the directive issued to you on March

27, 1997 establishing visa and certification

requirements for part-Category 666–C.

Effective on January 1, 2001, you are

directed to make the changes shown below

in the aforementioned directives for products

entered in the United States for consumption

or withdrawn from warehouse for

consumption on and after January 1, 2001 for

part-Category 666–C, regardless of the date of

export:

Category HTS change

666 C ....... Replace 6303.92.2000 with

6303.92.2010 and

6303.92.2020.

The Committee for the Implementation of

Textile Agreements has determined that this

action falls within the foreign affairs

exception to the rulemaking provisions of 5

U.S.C.553(a)(1).

Sincerely,

Richard B. Steinkamp,

Chairman, Committee for the

Implementation of Textile Agreements.

[FR Doc. 01–1315 Filed 1–16–01; 8:45 am]

BILLING CODE 3510–DR–F

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 01–C0003]

Tensor 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 Tensor

Corporation, continuing 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 February

1, 2001.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 01–C0003, Office of the

Secretary, Consumer Product Safety

Commission, Washington, D.C. 20207.

FOR FURTHER INFORMATION CONTACT:

William J. Moore, Jr., Trial Attorney,

Office of Compliance and Enforcement,

Consumer Product Safety Commission,

Washington, D.C. 20207; telephone

(301) 504–0626, 1348.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: January 10, 2001.

Sadye E. Dunn,

Secretary.

Settlement Agreement and Order

1. This Settlement Agreement, made

by and between the staff (‘‘the staff’’) of

the U.S. Consumer Product Safety

Commission (the ‘‘Commission’’) and

Tensor Corporation (‘‘Tensor’’), a

corporation, in accordance with 16 CFR

1118.20 of the Commission’s Procedures

for Investigations, Inspections, and

Inquiries under the Consumer Product

Safety Act (‘‘CPSA’’), is a settlement of

the staff allegations set forth below.

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. Tensor is a corporation organized

and existing under the laws of the

Commonwealth of Massachusetts. Its

principal office is located at 100 Everett

Avenue, Chelsea, Massachusetts.

Staff Allegations

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

U.S.C. 2064(b), requires a manufacturer

of a consumer product distributed in

commerce who obtains information

which reasonably supports the

conclusion that such 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.

5. Between May 1993 and December

1996, Tensor manufactured and sold

throughout the United States

approximately 600,000 ‘‘Halogen Floor

Lamps, models LT609A, LT609N, and

LT609P,’’ equipped with 500 watt

halogen light bulbs (hereinafter

‘‘halogen lamps’’).

6. A halogen lamp is a ‘‘consumer

product’’ and Tensor is a

‘‘manufacturer’’ of a ‘‘consumer

product’’, which is ‘‘distributed in

commerce’’ as those terms are defined

in Sections 3 (a)(1),(4), (11) and (12) of

the CPSA, 15 U.S.C. 2052 (a)(1),(4), (11)

and (12).

7. The halogen lamps are defective

because the 500 watt halogen bulbs

contained therein can spontaneously

explode during normal use, creating a

risk of fire, serious injury and death.

8. Between late 1993 and December

1996, Tensor received approximately

330 incidents of exploding halogen

bulbs, some causing extensive property

damage and personal injuries.

9. Not until June 1996, after receiving

a letter from the staff requesting

information about bulb explosion

incidents, did Tensor provide any

information about the exploding

halogen lamp bulbs. The information

initially provided by Tensor was very

limited however.

10. Tensor’s acts and omissions

constitute a violation of its duty under

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

2064(b), to report information that its

lamps contained defects which could

3998 Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Notices

create a substantial product hazard and

that said lamps created an unreasonable

risk of serious injury or death. Tensor

thereby committed a prohibited act

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

U.S.C. 2068(a)(4).

11. The staff alleges this violation,

this prohibited act, was committed

‘‘knowingly’’ as that term is defined in

Section 20 (d) of the CPSC, 15 U.S.C.

2069 (d), and Tensor is subject to civil

penalties under Section 19 of the CPSA,

15 U.S.C. 2068.

Allegations of Tensor

12. Tensor denies all the staff

allegations numbered four through

eleven above. It denies that the halogen

lamps contained a defect that created a

substantial product hazard or an

unreasonable risk of serious injury or

death pursuant to Section 15 of the

CPSA, 15 U.S.C. 2064.

13. Tensor further denies that it

violated the reporting requirements of

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

2064(b), or that it committed a

prohibited act, knowingly or otherwise,

as defined in Sections 19(a)(4) and 20(d)

of the CPSA, 15 U.S.C. 2068(a)(4) and

2069(d). Tensor alleges, among other

things, that it had no duty to report the

halogen lamps but that it did report

information in a timely and appropriate

manner.

Agreement of the Parties

14. The Commission has jurisdiction

over this matter and over Tensor under

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

15. This Settlement Agreement and

Order is in resolution of all staff’s

allegations concerning Tensor’s failure

to report any incidents or defects

associated with exploding or shattering

halogen bulbs through March 27, 2000,

the date on which the staff examined

documents at Tensor’s headquarters.

This Settlement Agreement and Order

does not constitute an admission by

Tensor that the law has been violated.

16. Tensor agrees to pay a civil

penalty in the amount of one hundred

twenty-five thousand and no/dollars

($125,000.00), payable to the ‘‘U.S.

Treasury’’ and delivered to the attention

of William J. Moore, Jr. as follows: if

hand delivered, to Office of Compliance,

Legal Division, 4330 East West

Highway, Bethesda, MD 20814; if by

U.S. Mail, to CPSC, Washington, DC

20207. Tensor shall pay sixty-two

thousand five hundred dollars

($62,500.00) within 10 calendar days of

receiving service of the final Settlement

Agreement and Order, and sixty-two

thousand five hundred dollars

($62,500.00) to be paid no later than one

year from the date on which this

Settlement Agreement and Order

became final. If Tensor fails to make a

full payment on schedule, the unpaid

balance of the entire civil penalty shall

be due and payable immediately and

interest on the unpaid 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), from the date

the payment was due under the terms of

this Settlement Agreement and Order.

17. Tensor knowingly, voluntarily and

completely waives any rights it may

have in the above captioned case (1) to

the issuance of a Complaint in this

matter; (2) to an administrative or

judicial hearing with respect to the staff

allegations cited herein; (3) to judicial

review or other challenge or contest of

the validity of the Settlement Agreement

or the Commission’s Order; (4) to 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 (5) to a statement of

findings of fact and conclusions of law

with regard to the staff allegations.

18. 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 1118.20. If the Commission

does not receive any meritorious written

request not to accept the Settlement

Agreement and Order within 15 days,

the Settlement Agreement and Order

shall be deemed finally accepted on the

16th day after the date it is published in

the Federal Register, in accordance with

16 CFR 1118.20(f).

19. The Settlement Agreement and

Order becomes effective upon its final

acceptance by the Commission.

20. The Commission may publicize

the terms of the Settlement Agreement

and Order.

21. Tensor agrees to the entry of the

attached Order, which is incorporated

herein by reference, and agrees to be

bound by its terms.

22. 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

Tensor to appropriate legal action.

23. This Settlement Agreement and

Order is binding upon Tensor, its parent

and each of its assigns or successors.

24. Agreements, understandings,

representations, or interpretations made

outside this Settlement Agreement and

Order may not be used to vary or to

contradict its terms.

25. If, after the effective date hereof,

any provision of this Settlement

Agreement and Order is held to be

illegal, invalid, or unenforceable under

present or future laws effective during

the terms of the Settlement Agreement

and Order, such provision shall be fully

severable. The rest of the Settlement

Agreement and Order shall remain in

full effect, unless the Commission and

Tensor determine that severing the

provision materially impacts the

purpose of the Settlement Agreement

and Order.

26. This Settlement Agreement and

Order shall not be waived, changed,

amended, modified, or otherwise

altered, except in writing executed by

the party against whom such

amendment, modification, alteration, or

waiver is sought to be enforced and

approved by the Commission.

27. This Settlement Agreement may

be used in interpreting the Order.

Agreements, understandings,

representations, or interpretations made

outside of this Settlement Agreement

and Order may not be used to vary or

contradict its terms.

Dated: September 22, 2000.

Tensor Corporation.

Roger Sherman,

President.

The 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: September 19, 2000.

William J. Moore, Jr.,

Trial Attorney.

Belinda V. Mitchell,

Trial Attorney, Legal Division, Office of

Compliance.

Order

Under consideration of the Settlement

Agreement entered into between Tensor

Corporation, a corporation, and the staff

of the U.S. Consumer Product Safety

Commission; and the Commission

having jurisdiction over the subject

matter and Tensor Corporation, 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 Tensor

Corporation, shall pay the Commission

a civil penalty in the amount of One

Hundred Twenty-Five Thousand and

00/100 dollars, ($125,000.00) payable to

the U.S. Treasury as follows: delivered

to the Commission, sixty-two thousand

five hundred dollars ($62,500.00) within

10 calendar days of the service of the

Final Order upon Tensor Corporation

Federal Register / Vol. 66, No. 11 / Wednesday, January 17, 2001 / Notices 3999

and sixty-two thousand five hundred

dollars ($62,500.00) to be paid one year

from the date on which this Settlement

Agreement and Order became final.

Upon failing to make a payment or

upon making a payment that is at least

five days late, the outstanding balance

of the civil penalty shall become due

and payable by Tensor Corporation, and

the interest on the outstanding balance

shall accrue and be paid at the federal

legal rate under the provisions of 27

U.S.C. sections 1961 (a) and (b).

In the Matter of Tensor Corporation

[CPSC DOCKET NO. 01–C0003]

Provisionally accepted and

Provisional Order issued on the 10th

day of January, 2001.

By Order of the Commission.

Sadye E. Dunn,

Secretary, U.S. Consumer Product Safety

Commission.

[FR Doc. 01–1252 Filed 1–16–01; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Proposed Collection; Comment

Request

AGENCY: Department of Defense, Office

of the Under Secretary of Defense

(Acquisition, Technology, and

Logistics)/Defense Technical

Information Center.

ACTION: Notice.

In compliance with section

3506(c)(2)(A) of the Paperwork

Reduction Act of 1995, the Office of the

Under Secretary of Defense

(Acquisition, Technology, and

Logistics)/Defense Technical

Information Center (DTIC), announces

the proposed extension of a currently

approved collection and seeks public

comment on the provisions thereof.

Comments are invited on: (a) Whether

the proposed collection of information

is necessary for the proper performance

of the functions of the agency, including

whether the information shall have

practical utility; (b) the accuracy of the

agency’s estimate of the burden of the

proposed information collection; (c)

ways to enhance the quality, utility, and

clarity of the information to be

collected; and (d) ways to minimize the

burden of the information collection on

respondents, including through the use

of automated collection techniques or

other forms of information technology.

DATES: Consideration will be given to all

comments received by March 19, 2001.

ADDRESSES: Interested parties should

submit written comments and

recommendations on the proposed

information collection to: ATTN: DTIC–

BC, Defense Technical Information

Center, 8725 John J. Kingman Road,

Suite 0944, Fort Belvoir, VA 22060–

6218; E-mail comments submitted via

the Internet should be addressed to:

laxe@dtic.mil.

FOR FURTHER INFORMATION CONTACT: To

request further information on this

proposed information collection, or to

obtain a copy of the proposal and

associated collection instrument, please

write to the above address or call Ms.

Linda Axe at (703) 767–8194.

Title, Associated Form, and OMB

Number: Registration for Scientific and

Technical Information Services, DD

Form 1540, OMB Control Number 0704–

0264.

Needs and Uses: The data that the

Defense Technical Information Center

handles is controlled, either because of

distribution limitations or security

classification. For this reason, all

potential users are required to register

for service. DODI 3200.14, Principles

and Operational Parameters of the DOD

Scientific and Technical Information

Program, mandates the registration

procedure. Federal Government

agencies and their contractors are

required to complete the DD Form 1540,

Registration for Scientific and Technical

Information Services (OMB Number

0704–0264). The contractor community

completes a separate DD Form 1540 for

each contract or grant and registration is

valid until the contract expires.

Affected Public: Businesses or other

for-profit; Small Businesses or

organizations; Non-profit institutions.

Annual Burden Hours: 833.

Number of Annual Respondents:

2,000.

Annual Responses to Respondent: 1.

Average Burden Per Response: 25

minutes.

Frequency: On occasion.

SUPPLEMENTARY INFORMATION:

Summary of Information Collection

The DOD Scientific and Technical

Information Program (STIP) requires the

exchange of scientific and technical

information within and among Federal

Government agencies and their

contractors. The DD Form 1540 serves

as a registration tool for Federal

Government agencies and their

contractors to access DTIC services. The

contractors, subcontractors, and

potential contractors are required to

obtain certification from designated

approving officials. Federal Government

agencies need certification from

approving officials and security offices

only when requesting access to

classified data. All collected

information is verified by DTIC’s

Marketing and Registration Division.

Dated: January 10, 2001.

Patricia L. Toppings,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 01–1316 Filed 1–16–01; 8:45 am]

BILLING CODE 5001–10–M

DEPARTMENT OF DEFENSE

Office of the Secretary

Submission for OMB Review;

Comment Request

ACTION: Notice.

The Department of Defense will

submit to OMB for emergency

processing, the following proposal for

collection of information under the

provisions of the Paperwork Reduction

Act (44 U.S.C. Chapter 35).

Title and OMB Number: Foreign

Sourcing for Defense Application; OMB

Number 0704—[To Be Determined].

Type of Request: New Collection;

Emergency processing requested with a

shortened public comment period

ending February 7, 2001. An approval

date by February 15, 2001 has been

requested.

Number of Respondents: 3,205.

Responses Per Respondent: 1.

Annual Responses: 3,205.

Average Burden Per Response: 5

hours.

Annual Burden Hours: 16,025.

Needs and Uses: The information is

required for the Department of Defense

(DoD) to evaluate, for certain defense

programs, the: (1) Extent of foreign

sourcing within the defense products;

(2) impact such foreign sourcing has on

military readiness and the related

domestic industrial infrastructure; and,

(3) extent to which DoD or contractor

policies, procedures, practices, or

actions encourage or discourage

consideration of foreign sources for

defense products. The evaluation is

required by section 831 of the National

Defense Authorization Act for Fiscal

Year 2001. Section 831 requires the

Secretary of Defense to conduct a study

analyzing the impact that foreign

sources have on six specific defense

systems to include the AH–64D Apache

helicopter, F/A–18E/F aircraft, M1A2

Abrams tank, AIM 120 AMRAAM

missile, Patriot missile ground station,

and Hellfire missile. To ensure it can

address emerging foreign sourcing

issues, DoD will also evaluate foreign