Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices 17777

3. The action will result in

authorizing small entities to furnish the

service to the Government.

4. There are no known regulatory

alternatives which would accomplish

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in

connection with the service proposed

for addition to the Procurement List.

Accordingly, the following service is

hereby added to the Procurement List:

Janitorial/Custodial

Jack Brooks Federal Building, U.S. Post

Office and Courthouse

Willow and Broadway Streets

Beaumont, Texas

This action does not affect current

contracts awarded prior to the effective

date of this addition or options

exercised under those contracts.

Beverly L. Milkman,

Executive Director.

[FR Doc. 95–8588 Filed 4–6–95; 8:45 am]

BILLING CODE 6820–33–P

Proposed Additions to the

Procurement List; Correction

In the document appearing on page

11958, F.R. Doc. 95–5290, in the issue

of March 3, 1995, in the second column,

the NSN shown as 6515–01–225–8497

should read 6515–01–135–8497.

Beverly L. Milkman,

Executive Director.

[FR Doc. 95–8589 Filed 4–6–95; 8:45 am]

BILLING CODE 6820–33–P

COMMODITY FUTURES TRADING

COMMISSION

Chairman’s Roundtable on Past

Performance Disclosure

This is to give notice that the

Chairman of the Commodity Futures

Trading Commission will conduct a

public meeting on Tuesday, April 25,

1995 from 2:00 p.m. to 5:00 p.m. in the

lower-level hearing room of the

Commodity Futures Trading

Commission, 2033 K Street NW.,

Washington, DC 20581. The agenda will

consist of:

Roundtable—Rethinking Past

Performance Disclosure

A. Opening Statement—Mary L.

Schapiro, Chairman

B. Presentation by CFTC Staff

Past performance disclosure—current

and proposed regulations

C. Tour De Table—Potential Issues for

Discussion

• What are the purposes for requiring

past performance disclosure?

—information as to competence of

CTA

—information as to program

—volatility

—leverage

—rate of return

—costs

—ability to compare CTAs, types of

investments

—other

• How is it used by:

—customers; and,

—CTAs?

• What are the problems with using

past performance disclosure to

evaluate CTA performance?

• What customer protection

considerations are addressed or

raised by past performance

disclosure?

• How can current performance

presentations be made more

meaningful?

D. Identification of Specific Proposals

for Discussion

What are the implications of the

answers to the above questions on:

—Presentation of partially-funded

(‘‘national’’) programs

—Benchmarking performance

—Proprietary performance

—Hypothetical performance

—Multimedia investments

The purpose of the meeting is to

explore performance issues with a

diverse group of industry experts,

regulators, academics and market users

toward the goal of more meaningful

performance disclosures.

The meeting is open to the public.

The Chairman of the Commodity

Futures Trading Commission, Mary L.

Schapiro, is empowered to conduct the

meeting in a fashion that will, in her

judgment, facilitate the orderly conduct

of business.

Issued in Washington, DC on April 4, 1995.

Andrea M. Corcoran,

Director, Division of Trading & Markets.

[FR Doc. 95–8647 Filed 4–6–95; 8:45 am]

BILLING CODE 6351–01–M

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 95–C0008]

Toy Wonders, Inc., 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

Toy Wonders, Inc., 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 April 24,

1995.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 95–C0008, Office of the

Secretary, Consumer Product Safety

Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT:

Dennis C. Kacoyanis, 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: April 3, 1995.

Sadye E. Dunn,

Secretary.

Settlement Agreement and Order

1. Toy Wonders, Inc. (hereinafter,

‘‘Toy Wonders’’), a corporation, enters

into this Settlement Agreement

(hereinafter, ‘‘Agreement’’) with the staff

of the Consumer Product Safety

Commission, and agrees to the entry of

the Order described herein. The purpose

of the Agreement and Order is to settle

the staff’s allegations that Toy Wonders

knowingly introduced or caused to be

introduced into interstate commerce; or

received in interstate commerce and

delivered or proffered delivery thereof,

certain banned hazardous toys and

misbranded hazardous art materials, in

violation of sections 4 (a) and (c) of the

Federal Hazardous Substances Act, 15

U.S.C. 1263 (a) and (c).

I. Jurisdiction

2. The Commission has jurisdiction

over Toy Wonders and the subject

matter of this Settlement Agreement

pursuant to sections 3(a)(1) and 30(a) of

the Consumer Product Safety Act

(hereinafter, ‘‘CPSA’’), 15 U.S.C.

2051(a)(1) and 2079(a); and sections 2

(f)(1)(D), and (q)(1)(A), 3(b), 4 (a) and (c),

5(c), and 23(a) of the Federal Hazardous

Substances Act (hereinafter, ‘‘FHSA’’),

15 U.S.C. 1261 (f)(1)(D) and (q)(1)(A),

1262(b), 1263 (a) and (c), 1264(c), and

1277(a).
17778 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices

II. The Parties

3. 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.

4. Toy Wonders is a corporation

organized and existing under the laws of

the State of New York, since 1983, with

its principal corporate offices located at

234 Moonachie Road, Moonachie, NJ

07074. Toy Wonders is an importer and

distributor of toys.

III. Allegations of the Staff

A. Toys

5. On six occasions between

September 8, 1991, and January 13,

1994, Toy Wonders introduced or

caused to be introduced into interstate

commerce; or received in interstate

commerce and delivered or proffered

delivery thereof for pay or otherwise, 11

kinds of toys (36,693 units) intended for

use by children under 3 years of age.

These toys are identified and described

below:

Sample No. Product

Collect

date* entry

date

Expt./Mfg. Quantity

M–800–8664 ...................................... Cartoon Police Car ........................... 09/08/91 Chiang Kiang Trading Co ................. 1,200

M–800–8665 ...................................... Cartoon Train ................................... 09/08/91 Chiang Kiang Trading Co ................. 1,200

M–800–8666 ...................................... Cartoon Car ...................................... 09/08/91 Chiang Kiang Trading Co ................. 1,200

R–800–1031 ...................................... Musical Instruments ......................... *06/16/93 Lian Huat Hang ................................ 1,920

R–800–1032 ...................................... Action Sound Instruments ................ *06/16/93 Lian Huat Hang ................................ 2,160

R–800–1033 ...................................... Musical Set ....................................... *06/16/93 Lian Huat Hang ................................ 1,440

R–800–1034 ...................................... Alphabet Frame ................................ *06/16/93 Lian Huat Hang ................................ 5,133

R–800–1035 ...................................... Alphabet Frame ................................ *06/16/93 Lian Huat Hang ................................ 11,592

R–800–3050 ......................................

R–800–1122 ......................................

Riding Pets .......................................

(Bear and Cat) ..................................

*01/22/93

*07/27/93

Toy Wonders .................................... 7,200

S–800–2504 ...................................... Elephant Piano ................................. 10/03/93 Ching Enterprises ............................. 1,200

S–800–1017 ...................................... Airplane ............................................ 01/13/94 Unknown ........................................... 2,448

6. The toys identified in paragraph 5

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 small parts test

cylinder, as set forth in 16 CFR 1501.4.

7. Because the separated parts fit

completely within the test cylinder as

described in paragraph 6 above, each of

the toys identified in paragraph 5 above

presents a ‘‘mechanical hazard’’ within

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

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

and/or ingestion of small parts).

8. Each of the toys identified in

paragraph 5 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 5 above is a ‘‘banned

hazardous substance’’ pursuant to

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

U.S.C. 1261(q)(1)(A) and 16 CFR

1500.18(a)(9) because it is intended for

use by children under three years of age

and bears or contains a hazardous

substance; and because it presents a

mechanical hazard as described in

paragraph 7 above.

10. Toy Wonders knowingly

introduced or caused to be introduced

into interstate commerce; or received in

interstate commerce and delivered or

proffered delivery therof for pay or

otherwise, the aforesaid banned

hazardous toys, identified in paragraph

5 above, in violation of sections 4 (a)

and (c) of the FHSA, 15 U.S.C. 1263 (a)

and (c), for which a civil penalty may

be imposed pursuant to section 5(c)(1)

of the FHSA, 15 U.S.C. 1264(c)(1).

B. Art Materials

11. On two occasions between June

16, 1993, and January 13, 1994, Toy

Wonders introduced or caused to be

introduced into interstate commerce; or

received in interstate commerce and

delivered or proffered delivery thereof

for pay or otherwise, two different types

of art materials (4,020 units). These art

materials are identified and described

below:

Sample No. Product

Collect.

date* entry

date

Expt./Mfg. Quantity

R–800–1036 ...................................... Paint and Crayon Set ....................... * 06/16/93 Lian Huat Hang ................................ 2,580

S–800–1016 ...................................... Stationary Gift ................................... * 01/13/94 Unknown ........................................... 1,440

12. The art materials identified in

paragraph 11 above are subject to, but

failed to comply with the requirements

for the Labeling of Art Materials Act in

that (a) Toy Wonders did not submit

those art materials for review by a

toxicologist as required by section 23(a)

of the FHSA, 15 U.S.C. 1277(a) and 16

CFR 1500.14(b)(8)(C)(1); and (b) those

art materials did not bear the statement

of conformance with ASTM D–4236, as

required by section 23(a) of the FHSA,

15 U.S.C. 1277(a) and 16 CFR

1500.14(b)(8)(C)(7).

13. Each of these art materials

identified in paragraph 11 above is a

‘‘misbranded hazardous substance

pursuant to section 3(b) of the FHSA, 15

U.S.C. 1262(b) and 16 CFR

1500.14(b)(8)(C) (1) and (7).

14. Toy Wonders knowingly

introduced or caused to be introduced

into interstate commerce; or received in

interstate commerce and delivered or

proffered delivery thereof for pay or

otherwise, the aforesaid misbranded

hazardous art materials identified in

paragraph 11 above, in violation of

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

U.S.C. 1263 (a) and (c), for which a civil

penalty may be imposed pursuant to

section 5(c)(1) of the FHSA, 15 U.S.C.

1264(c)(1).
Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices 17779

IV. Response of Toy Wonders, Inc.

15. Toy Wonders denies the

allegations of the staff set forth in

paragraphs 5 through 14 above that it

has knowingly introduced or caused to

be introduced into interstate commerce;

or received in interstate commerce and

delivered or proffered delivery thereof

for pay or otherwise, the banned

hazardous toys and misbranded

hazardous art materials, identified in

paragraphs 5 and 11 above, in violation

of the FHSA.

V. Agreement of the Parties

16. The Consumer Product Safety

Commission has jurisdiction over Toy

Wonders and the subject matter of this

Settlement Agreement and Order 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.

17. Upon final acceptance by the

Commission of this Settlement

Agreement and Order, the Commission

shall issue the attached Order

incorporated herein by this reference.

18. The Commission does not make

any determination that Toy Wonders

knowingly violated the FHSA. The

Commission and Toy Wonders agree

that this Agreement is entered into for

the purposes of settlement only.

19. Upon final acceptance of this

Settlement Agreement by the

Commission and issuance of the Final

Order, Toy Wonders 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 Toy Wonders failed to comply

with the FHSA as aforesaid, (4) to a

statement of findings of fact and

conclusions of law, and (5) to any

claims under the Equal Access to Justice

Act.

20. 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 Order.

21. 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 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 and

Order within 15 days, the Settlement

Agreement and Order will be deemed

finally accepted on the 16th day after

the date it is published in the Federal

Register.

22. The parties further agree that the

Commission shall issue the attached

Order; and that a violation of the Order

shall subject Toy Wonders to

appropriate legal action.

23. Agreements, understandings,

representations, or interpretations made

outside of this Settlement Agreement

and Order may not be used to vary or

to contradict its terms.

24. The provisions of the Settlement

Agreement and Order shall apply to Toy

Wonders, Inc. and each of its successors

and assigns.

Respondent Toy Wonders, Inc.

Dated March 16, 1995.

Samuel Su,

President Toy Wonders, Inc.

Dated: March 16, 1995.

Lu Su,

Manager, Toy Wonders, Inc.

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: March 17, 1995.

Earl A. Gershenow,

Trial Attorney, Division of Administrative

Litigation, Office of Compliance and

Enforcement.

Dated March 17, 1995.

Dennis C. Kacoyanis,

Trial Attorney, Division of Administrative

Litigation, Office of Compliance and

Enforcement.

Order

Under consideration of the Settlement

Agreement entered into between

respondent Toy Wonders, Inc., a

corporation, and the staff of the

Consumer Product Safety Commission;

and the Commission having jurisdiction

over the subject matter and Toy

Wonders, Inc.; 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, as indicated below; and it is

Further Ordered, that upon final

acceptance of the Settlement Agreement

and Order, Toy Wonders, Inc. shall pay

to the Commission a civil penalty in the

amount of SEVENTY-FIVE THOUSAND

AND 00/100 DOLLARS ($75,000.00) in

three payments consisting of TWENTYFIVE THOUSAND AND 00/100

DOLLARS ($25,000.00) each. The first

payment of TWENTY-FIVE THOUSAND

AND 00/100 DOLLARS ($25,000.00)

shall be due within twenty (20) days

after service of the Final Order

accepting the Settlement Agreement and

Order (hereinafter, the anniversary

date). The second payment of TWENTYFIVE THOUSAND AND 00/100

DOLLARS ($25,000.00) shall be paid

within one year of the anniversary date.

The third payment of TWENTY-FIVE

THOUSAND AND 00/100 DOLLARS

($25,000.00) shall be paid 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 14 of

the Settlement Agreement and Order

that Toy Wonders, Inc. violated the

FHSA. Upon failure by Toy Wonders,

Inc. to make payment or upon the

making of a late payment by Toy

Wonders, Inc. (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 3rd day of April, 1995.

By order of the Commission.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 95–8521 Filed 4–6–95; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Department of the Air Force

Notification of Proposed Terminations

or Substantial Reductions of Major

Defense Programs

Section 4471 of the FY93 Defense

Authorization Act, as amended by

section 1372 of the FY94 Defense

Authorization Act and section 1142 of

the FY95 Defense Authorization Act,

requires that each prime contractor

under a major defense program be

notified if the program is proposed for

substantial reductions or terminations

as forwarded to Congress in the

Presidents Budget.

The following Air Force prime

contractor is hereby notified the

program listed below has been proposed

to be terminated by the Fiscal Year 96

President’s budget: