17776 Federal Register / Vol. 60, No. 67 / Friday, April 7, 1995 / Notices

cup and the central nonprofit agency

concerned in this action. The

Government agency performed an

extensive inspection of the nonprofit

agency’s plant and plans and concluded

that it is fully capable of performing in

accordance with all specifications,

drawings, terms, and conditions of the

contract. The Government agency

specifically approved, among other

things, the production and inspection

arrangements that will be used.

The nonprofit agency is one of the

largest manufacturers participating in

the Committee’s program. It produces,

among other things, several other paper

and plastic utensils which involve high

speed or otherwise dangerous

machinery, and has taken steps to

structure its use of blind labor and to

provide safeguards on its machinery to

avoid the dangers which the commenter

implies blind people would face. While

the Committee requires the use of a high

percentage of blind direct labor in the

production of the cup, the requirement

does not extend to indirect labor, such

as inspection, which may be performed

by sighted individuals.

The Committee appreciates the

commenter’s assertion that private

manufacturers should be encouraged to

hire people who are blind or have other

severe disabilities, however, it does not

believe that such encouragement should

replace the Committee’s mandatory

source procurement program as a way of

creating jobs. The Committee’s program

guarantees Federal contracts and

requires that people with severe

disabilities perform the majority of the

direct labor on those contracts. This

approach is intended to assure stable

work for such individuals. Private

manufacturers have no such guarantees

of Federal (or other) business and no

requirement to use people with severe

disabilities on whatever work they do

have. The Committee also notes that the

majority of the individuals working on

contracts under its program are not

currently capable of competitive

employment. Consequently, many

would not be able to hold jobs with

private manufacturers even if positions

were available. For those who are

capable, the Committee encourages

them to seek jobs in the competitive

marketplace by requiring that

participating nonprofit agencies help

them do so. In many cases, this help

includes working with private firms to

develop employment opportunities.

Thus, the commenter’s proposed

alternative to Procurement List

additions does not represent an

acceptable alternative and, where

possible, is already being accomplished.

The Committee does not agree that its

method of assessing contractor impact is

biased against large companies. Such

companies are usually free to allocate

their resources in a way that will

alleviate impact on a single facility, if

the companies desire, in a way that

smaller companies are not. The

Committee accordingly believes that its

method of treating all contractors

equally, by assessing impact based on

all factors relevant to the contractor’s

business as a whole, is the fairest

method of assessing the impact of a

Procurement List addition.

Nonprofit agencies producing for the

Committee’s program are required to

continue to produce efficiently because

their goods must be sold to the

Government at a fair market price. If a

nonprofit agency is unable to produce

efficiently enough to meet Government

requirements, the Committee can

transfer production authority to another

nonprofit agency, suspend the

mandatory source requirement, or take

the item in question off the Procurement

List.

Accordingly, there is no need to allow

competitive procurements of items in

the Committee’s program to keep

nonprofit agency production standards

on a par with competitive industry.

After consideration of the material

presented to it concerning capability of

qualified nonprofit agencies to provide

the commodity, fair market price, and

impact of the addition on the current or

most recent contractors, the Committee

has determined that the commodity

listed below are suitable for

procurement by the Federal Government

under 41 U.S.C. 46–48c and 41 CFR 51–

2.4.

I certify that the following action will

not have a significant impact on a

substantial number of small entities.

The major factors considered for this

certification were:

1. The action will not result in any

additional reporting, recordkeeping or

other compliance requirements for small

entities other than the small

organizations that will furnish the

commodity to the Government.

2. The action does not appear to have

a severe economic impact on current

contractors for the commodity.

3. The action will result in

authorizing small entities to furnish the

commodity 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 commodity

proposed for addition to the

Procurement List.

Accordingly, the following

commodity is hereby added to the

Procurement List:

Cup, Disposable, Paper

7350–01–359–9524

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. 95–8587 Filed 4–6–95; 8:45 am]

BILLING CODE 6820–33–P

Procurement List; Addition

AGENCY: Committee for Purchase From

People Who Are Blind or Severely

Disabled.

ACTION: Addition to the Procurement

List.

SUMMARY: This action adds to the

Procurement List a service to be

furnished by nonprofit agencies

employing persons who are blind or

have other severe disabilities.

EFFECTIVE DATE: May 8, 1995.

ADDRESSES: Committee for Purchase

From People Who Are Blind or Severely

Disabled, Crystal Square 3, Suite 403,

1735 Jefferson Davis Highway,

Arlington, Virginia 22202–3461.

FOR FURTHER INFORMATION CONTACT:

Beverly Milkman (703) 603–7740.

SUPPLEMENTARY INFORMATION: On

February 24, 1995, the Committee for

Purchase From People Who Are Blind

or Severely Disabled published notice

(60 FR 10373) of proposed addition to

the Procurement List. After

consideration of the material presented

to it concerning capability of qualified

nonprofit agencies to provide the

service, fair market price, and impact of

the addition on the current or most

recent contractors, the Committee has

determined that the service listed below

are suitable for procurement by the

Federal Government under 41 U.S.C.

46–48c and 41 CFR 51–2.4. I certify that

the following action will not have a

significant impact on a substantial

number of small entities. The major

factors considered for this certification

were:

1. The action will not result in any

additional reporting, recordkeeping or

other compliance requirements for small

entities other than the small

organizations that will furnish the

service to the Government.

2. The action does not appear to have

a severe economic impact on current

contractors for the service.
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).