sroberts on PROD1PC70 with NOTICES

Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Notices 12617 

casket prices as a result of increased 

competition.’’ 8 A district court 

reviewing a similar statute in 

Mississippi also concluded that such 

requirements result in less price 

competition and consumer choice in 

selecting a casket.9 

The Missouri statute that created the 

Board and grants it the authority to act 

was not intended to displace 

competition in the sale of funeral 

merchandise with regulation. Indeed, it 

appears that Missouri intended to 

preserve price competition with respect 

to the retail sale of funeral caskets by 

excepting from application of the atneed funeral statute ‘‘any person 

engaged simply in the furnishing of 

burial receptacles for the dead.’’ 10 

III. Terms of the Proposed Consent 

Order 

The Board has signed a consent 

agreement containing the proposed 

consent Order. The proposed Order 

would prevent the Board from 

prohibiting, restricting, impeding or 

discouraging any person from engaging 

in the sale or rental to the public of 

funeral merchandise or burial 

receptacles for the dead, directly or 

indirectly, or through any rule, 

regulation, policy, or conduct. 

The proposed Order requires the 

Board to publish in the Newsletter of 

the Board of Embalmers and Funeral 

Directors, the full text of Mo. Rev. Stat. 

§ 333.251 (2005), the Order, and an 

accompanying statement that: ‘‘The 

Rules and Regulations of the Board of 

Embalmers and Funeral Directors do not 

prohibit persons not licensed as funeral 

directors or embalmers from selling 

caskets, burial receptacles or other 

funeral merchandise to the public in the 

State of Missouri.’’ 

The proposed Order also requires the 

Board to display an advisory on its 

public website stating that it has settled 

FTC allegations regarding restrictions 

and prohibitions on the sale of funeral 

merchandise or caskets, and to provide 

a link to the Board’s website that 

contains the full text of Mo. Rev. Stat. 

§ 333.251 (2005), a link to Mo. Code 

Regs. Ann. tit. 20, § 2120–2.060 (2006), 

and a link to this Order. The proposed 

Order further requires the Board to 

publish notice of the Order and 

settlement in three consecutive issues of 

Missouri Funeral Directors’ Association 

Magazine and in the Missouri State 

Board of Embalmers and Funeral 

8 Powers v. Harris, 2002 WL 32026155 at *6 (W.D. 

Okla. Dec. 12, 2002). 

9 Casket Royale, Inc. v. Mississippi, 124 F.Supp. 

2d 434, 440 (S.D. Miss. 2000). 

10 Mo. Rev. Stat. § 333.251 (2005). 

Directors Rules and Regulations, 

Chapters 333, 436, 193, 194, which shall 

be provided to all licensees within one 

(1) year from the date the Order 

becomes final. 

The proposed Order includes 

requirements that the Board notify the 

Commission at least thirty (30) days 

prior to any filing with the Missouri 

Secretary of State of any Proposed Order 

of Rulemaking concerning the Board’s 

rules or regulations, or prior to 

proposing any change in Respondent 

that may affect compliance obligations. 

The proposed Order contains standard 

provisions requiring the filing of regular 

written reports of the Board’s 

compliance with the terms of the Order 

for each of the next five years. The 

Order will expire in ten (10) years. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. E7–4799 Filed 3–15–07; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institute for Occupational 

Safety and Health; Final Effect of 

Designation of a Class of Employees 

for Addition to the Special Exposure 

Cohort 

AGENCY: National Institute for 

Occupational Safety and Health 

(NIOSH), Department of Health and 

Human Services (HHS). 

ACTION: Notice. 

SUMMARY: The Department of Health and 

Human Services (HHS) gives notice 

concerning the final effect of the HHS 

decision to designate a class of 

employees at the Allied Chemical 

Corporation Plant in Metropolis, 

Illinois, as an addition to the Special 

Exposure Cohort (SEC) under the Energy 

Employees Occupational Illness 

Compensation Program Act of 2000. On 

February 1, 2007, as provided for under 

42 U.S.C. 7384q(b), the Secretary of 

HHS designated the following class of 

employees as an addition to the SEC: 

Atomic Weapons employees who were 

monitored or should have been monitored for 

exposure to ionizing radiation while working 

at Allied Chemical Corporation Plant in 

Metropolis, Illinois, from January 1, 1959 

through December 31, 1976, and who were 

employed for a number of work days 

aggregating at least 250 work days or in 

combination with work days within the 

parameters established for one or more other 

classes of employees in the Special Exposure 

Cohort. 

This designation became effective on 

March 3, 2007, as provided for under 42 

U.S.C. 7384l(14)(C). Hence, beginning 

on March 3, 2007, members of this class 

of employees, defined as reported in 

this notice, became members of the 

Special Exposure Cohort. 

FOR FURTHER INFORMATION CONTACT: 

Larry Elliott, Director, Office of 

Compensation Analysis and Support, 

National Institute for Occupational 

Safety and Health (NIOSH), 4676 

Columbia Parkway, MS C–46, 

Cincinnati, OH 45226, Telephone 513– 

533–6800 (this is not a toll-free 

number). Information requests can also 

be submitted by e-mail to 

OCAS@CDC.GOV. 

Dated: March 12, 2007. 

John Howard, 

Director, National Institute for Occupational 

Safety and Health. 

[FR Doc. 07–1274 Filed 3–15–07; 8:45 am] 

BILLING CODE 4163–19–M 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institute for Occupational 

Safety and Health; Final Effect of 

Designation of a Class of Employees 

for Addition to the Special Exposure 

Cohort 

AGENCY: National Institute for 

Occupational Safety and Health 

(NIOSH), Department of Health and 

Human Services (HHS). 

ACTION: Notice. 

SUMMARY: The Department of Health and 

Human Services (HHS) gives notice 

concerning the final effect of the HHS 

decision to designate a class of 

employees at the Harshaw HarvardDenison Plant in Cleveland, Ohio, as an 

addition to the Special Exposure Cohort 

(SEC) under the Energy Employees 

Occupational Illness Compensation 

Program Act of 2000. On February 1, 

2007, as provided for under 42 U.S.C. 

7384q(b), the Secretary of HHS 

designated the following class of 

employees as an addition to the SEC: 

Atomic Weapons employees who were 

monitored or should have been monitored 

while working at the Harshaw HarvardDenison Plant located at 1000 Harvard 

Avenue in Cleveland, Ohio from August 14, 

1942 through November 30, 1949, and who 

were employed for a number of work days 

aggregating at least 250 work days or in 

combination with work days within the 

parameters established for one or more other 

classes of employees in the Special Exposure, 

Cohort. 

This designation became effective on 

March 3, 2007, as provided for under 42