Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices 6711 

7Federal Communications Commission, ET 

Docket No. 06-89, FCC 06-77, Creation of a 

Spectrum Sharing Innovation Test-Bed, 71 FR 

35675 (June 21, 2006). 

8The complete public comments filed in 

response to the NOI are available at http:// 

www.ntia.doc.gov. The complete public comments 

and reply comments filed in response to the PN are 

available on the FCC Electronic Comment Filing 

System (ET Docket No. 06-89). 

9Commerce Spectrum Management Advisory 

Committee Report: Opportunities Relating to the 

Spectrum Sharing Test Bed, available at http:// 

www.ntia.doc.gov/osmhome/reports/2007/ 

CSMAClTestBedlReport.pdf. 

10The IRAC, consisting of representatives of 20 

federal agencies, serves in an advisory capacity to 

the Assistant Secretary of Commerce for 

Communications and Information. The IRAC assists 

the Assistant Secretary in the discharge of 

responsibilities pertaining to the use of the 

electromagnetic spectrum. 

11The subsequent designation of bands where the 

technologies might be authorized to operate on a 

permanent basis would be the subject of a separate 

rulemaking. 

12 Dynamic Spectrum Access technology allows a 

radio device to (i) evaluate its radio frequency 

environment using spectrum sensing, geo-location, 

or a combination of spectrum sensing and geolocation techniques, (ii) determine which 

frequencies are available for use on a noninterference basis, and (iii) reconfigure itself to 

operate on the identified frequencies. 

13There may be certain limitations on the peer 

review process to take into account the proprietary 

rights of the developers participating in the TestBed. As part of the Test-Bed, NTIA may enter into 

Cooperative Research and Development Agreements 

or Joint Project Agreements with the equipment 

developers. 

14The NTIA NOI proposed these criteria to 

evaluate the Test-Bed technologies and they are 

adopted as evaluation criteria herein. 

separate Public Notice (PN).7 There 

were 14 comments filed in response to 

the NOI and 16 comments and 9 reply 

comments filed in response to the PN.8

In addition, the public comments were 

reviewed by the Commerce Spectrum 

Management Advisory Committee 

(CSMAC), which was established as part 

the Presidential Spectrum Policy 

Initiative to advise the Assistant 

Secretary of Communications and 

Information, Department of Commerce, 

on needed reforms to spectrum policies 

and management to enable the 

introduction of new spectrum 

dependent technologies and services.9

NTIA also sought comments from the 

Interdepartment Radio Advisory 

Committee (IRAC).10 The public 

responses to the NTIA NOI and FCC PN 

as well as the comments provided by 

the CSMAC and the IRAC were used to 

develop the federal portion of the TestBed described below. 

II. Test-Bed Description 

Test-Bed Goal: To objectively 

evaluate new technologies to facilitate 

sharing between federal and non-federal 

spectrum users. If sharing is 

successfully demonstrated, the results of 

the Test-Bed can be used as the basis to 

establish service rules for the 

technologies that have operated in the 

Test-Bed frequency bands.11

Number of Simultaneously Operating 

Test-Beds: One. 

Test-Bed Technology: Equipment 

employing Dynamic Spectrum Access 

(DSA) technology.12

Test-Bed Frequency Band: 410-420 

MHz. 

Authorization of Test-Bed 

Operations: FCC Part 5 Experimental 

Radio Service Rules. 

Limitations on Test-Bed Operations: 

Frequency and/or geographic 

limitations may be identified as 

necessary. 

Protection of Incumbent Spectrum 

Users: To address potential interference 

to incumbent spectrum users the TestBed employing DSA equipment will be 

performed in three phases: 

Phase 1 - Equipment 

Characterization. Equipment employing 

DSA techniques will be sent to the 

NTIA Institute for Telecommunication 

Sciences in Boulder, Colorado and 

characterization measurements of the 

DSA capabilities in response to 

simulated environmental signals will be 

performed. 

Phase 2 - Evaluation of Capabilities. 

After successful completion of Phase 1, 

the DSA capabilities of the equipment 

in the geographic area of the Test-Bed 

will be evaluated. 

Phase 3 - Field Operation Evaluation. 

After successful completion of Phase 2, 

the DSA equipment will be permitted to 

transmit in an actual radio frequency 

signal environment. An automatic signal 

logging capability will be used during 

the operation of the Test-Bed to help 

resolve interference events if they occur. 

A point-of-contact will also be 

established to stop Test-Bed operations 

if interference is reported. 

Planning and Evaluation of Test-Bed: 

A flexible peer review process open to 

the public will be employed.13 Federal 

and non-federal users will have an 

opportunity to participate in the 

development of test plans, review status 

reports, and review the final report on 

the results of the Test-Bed. 

III. Expressions of Interest 

The following criteria will be used to 

evaluate the DSA technologies proposed 

for the Test-Bed:14

How well does the proposed 

technology achieve the goal of the TestBed? 

How readily available is the 

equipment proposed for the Test-Bed? 

How well does the proposed 

technology explore creative and original 

concepts in spectrum sharing? 

For the proposed technology, can the 

results of the Test-Bed be disseminated 

broadly to enhance scientific and 

technologic understanding? 

How well does the proposed 

technology address the potential impact 

on the incumbent spectrum user(s)? 

Can the proposed technology be 

adapted for a variety of services and 

applications, including broadband, 

military/homeland security, and public 

safety? 

Are there any technical factors that 

limit the proposed technology to a 

specific frequency range? 

Will the necessary technical support 

be provided to assure performance of 

the equipment during the Test-Bed? 

On or before February 29, 2008, 

interested parties wishing to participate 

in the Test-Bed should submit to the 

address set forth above, their name, 

address, phone number, e-mail address 

and a short description of the DSA 

technology. After receiving all 

submissions, NTIA may contact any 

party that submitted an expression of 

interest to follow-up on how its DSA 

technology would meet the above 

evaluation criteria. NTIA will send via 

U.S. mail a letter to the selected TestBed participants. NTIA will also publish 

a list of all Test-Bed participants on its 

website. 

Dated: January 30, 2008. 

Kathy D. Smith, 

Chief Counsel, National Telecommunications 

and Information Administration. 

[FR Doc. E8–2050 Filed 2–4–08; 8:45 am] 

BILLING CODE 3510–60–S 

COMMISSION OF FINE ARTS 

Notice of Meeting 

The next meeting of the U.S. 

Commission of Fine Arts is scheduled 

for 21 February 2008, at 10 a.m. in the 

Commission’s offices at the National 

Building Museum, Suite 312, Judiciary 

Square, 401 F Street, NW., Washington, 

DC 20001–2728. Items of discussion 

may include buildings, parks and 

memorials. 

Draft agendas and additional 

information regarding the Commission 

are available on our Web site: http:// 

www.cfa.gov. Inquiries regarding the 

agenda and requests to submit written 

or oral statements should be addressed 

to Thomas Luebke, Secretary, U.S. 

Commission of Fine Arts, at the above 

address, or call 202–504–2200. 

Individuals requiring sign language 

interpretation for the hearing impaired 

should contact the Secretary at least 10 


rmajette on PROD1PC64 with NOTICES
6712 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Notices 

days before the meeting date. Dated in 

Washington DC, 29 January 2008. 

Thomas Luebke, 

AIA, Secretary. 

[FR Doc. 08–482 Filed 2–4–08; 8:45 am] 

BILLING CODE 6330–01–M 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[CPSC Docket No. 08–C0003] 

Vornado Liquidating Trust for and on 

Behalf of Vornado Air Circulation 

Systems, Inc., a Trust, 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 is provisionally accepts under 

the Consumer Product Safety Act in the 

Federal Register in accordance with the 

terms of 16 CFR 1118.20(e0). Published 

below is a provisionally-accepted 

Settlement Agreement with Vornado 

Liquidating Trust for and on behalf of 

Vornado Air Circulation Systems, Inc., a 

Trust, containing a civil penalty of 

$500,000. 

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 

20, 2008. 

ADDRESSES: Persons wishing to 

comment on this Settlement Agreement 

should send written comments to the 

Comment 08–C0003, Office of the 

Secretary, Consumer Product Safety 

Commission, 4330 East West Highway, 

Room 502, Bethesda, Maryland 20814–

4408. 

FOR FURTHER INFORMATION CONTACT: 

Ronald G. Yelnik, Trial Attorney, Office 

of Compliance and Field Operations, 

Consumer Product Safety Commission, 

4330 East West Highway, Bethesda, 

Maryland 20814–4408; telephone (301) 

504–7582. 

SUPPLEMENTARY INFORMATION: The text of 

the Agreement and Order appears 

below. 

Dated: January 30, 2008. 

Todd A. Stevenson, 

Secretary. 

United States of America Consumer 

Product Safety Commission, CPSC 

Docket No. 08–C0003 

In the Matter of Vornado Liquidating 

Trust for and on Behalf of Vornado Air 

Circulation Systems, Inc. a Trust 

Settlement Agreement and Order 

1. This Settlement Agreement is made 

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

the U.S. Consumer Product Safety 

Commission (the ‘‘Commission’’) and 

the Vornado Liquidating Trust, a trust 

acting for and on behalf of Vornado Air 

Circulation Systems, Inc., a dissolved 

Kansas corporation, and established for 

the sole benefit of the corporation’s 

shareholders, in accordance with 16 

CFR 1118.20 of the Commission’s 

Procedures for Investigations, 

Inspections, and Inquiries under the 

Consumer Product Safety Act (‘‘CPSA’’). 

This Settlement Agreement and the 

incorporated attached Order resolve the 

staff’s allegations set forth below. 

The Parties 

2. The Commission is an independent 

federal regulatory agency responsible for 

the enforcement of the CPSA, 15 U.S.C. 

2051–2084. 

3. Vornado Air Circulation Systems, 

Inc. was a corporation organized and 

existing under the laws of the State of 

Kansas, with its principal corporate 

office located in Andover, Kansas. On 

December 29, 2006, Vornado Air 

Circulation Systems, Inc. ceased 

operations and sold most of its 

operating assets to a private equity 

group which formed a new company, 

Vornado Air LLC, a Delaware company. 

Vornado Air Circulation Systems, Inc.’s 

remaining assets and its proceeds from 

the asset sale were assigned to the 

Vornado Liquidating Trust, which was 

established as of December 29, 2006, for 

the purpose of satisfying Vornado Air 

Circulation Systems Inc.’s remaining 

liabilities, including the claims asserted 

by the Commission which are the 

subject of this Settlement Agreement. 

Vornado Air Circulation Systems, Inc. 

was legally dissolved in September 

2007. Vornado Air Circulation Systems, 

Inc. and the Vornado Liquidating Trust 

are hereinafter referred to collectively as 

‘‘Vornado’’ or the ‘‘firm.’’

4. At all times relevant herein, 

Vornado designed, manufactured and 

sold portable electric heaters, including 

those that are the subject of this 

Settlement Agreement and Order. 

Staff Allegations 

5. Between July 1991 and January 

2004, Vornado manufactured and sold 

approximately one million of the subject 

portable electric heaters, model 

numbers 180VH , Intellitemp , EVH  

(collectively, ‘‘Heaters’’ or ‘‘Products’’), 

which were sold at retailers and 

distributors nationwide as well as 

through Vornado’s Web site, for 

between $50 and $120. 

6. The Heaters are ‘‘consumer 

product(s)’’ and, at the times relevant 

herein, Vornado was a ‘‘manufacturer’’

of ‘‘consumer product(s),’’ which were 

‘‘distributed in commerce’’ as those 

terms are defined or used in sections 

3(a)(1), (4), (11) and (12) of the CPSA, 

15 USC 2052(a)(1), (4), (11) and (12). 

7. The Heaters are defective because 

a faulty electrical connection can cause 

the Product to overheat and stop 

working, thereby posing a fire hazard to 

consumers. More specifically, certain of 

the Heaters are defective and pose a fire 

hazard to consumers because they 

contain a faulty crimp involving 

insulated connectors (‘‘quick 

connects’’), a flaw which can cause the 

Heaters to overheat. 

8. Vornado received its first report of 

an overheating incident in January 1993. 

By the end of 1993, Vornado knew of at 

least 22 reports of Heater incidents 

involving melting, smoking, burning, 

actual fire or the emission of flame. 

9. On or about October 27, 1997, 

Vornado changed the design of its 

Heaters to incorporate insulated quick 

connects on the white wires between 

the heating element and the switch. The 

redesigned Heaters were sold from the 

fall of 1998 through 2003. 

10. Although Vornado had received 

reports of Products overheating prior to 

the design change described in 

paragraph 9, the firm asserts that this 

design change caused the faulty crimp 

problem which resulted in the majority 

of the overheating incidents that 

eventually came to Its attention. 

11. After implementing the design 

change in question, Vornado received 

many reports of over-heating incidents 

with the Heaters, some of which 

involved fires and the emission of 

flames. These reports continued for 

several years thereafter. 

12. Despite being aware of the 

information set forth in paragraphs 5 

through 11, Vornado did not report to 

the Commission about the overheating 

issue involving the heaters until 

February 20, 2004, and even then only 

when requested to do so by the 

Commission staff. 

13. By the time of its February 20, 

2004 report to the CPSC, Vornado was 


rmajette on PROD1PC64 with NOTICES