19896 Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Notices

allegations with respect to the mowers

identified in this agreement, nor does

OMC admit to any liability in this

matter. Further, OMC denies the

allegations that the Lawn-Boy ‘‘L’’ series

lawn mowers identified in paragraph 9

of this agreement, the ‘‘M’’ series lawn

mowers identified in paragraph 13, and

the ‘‘Model 8157’’ series lawn mowers

identified in paragraph 16 contained

defects which created or could have

created a substantial product hazard

within the meaning of section 15(a) of

the CPSA, 15 U.S.C. 2064(a).

Accordingly, OMC contends that no

obligation to report to the Commission

under section 15(b) existed with respect

to any of these lawn mowers.

20. OMC further contends that the

Commission’s acceptance of a $170,000

civil penalty from the Toro Company for

the failure to report to the Commission

information relating to the gas tank

failures identified in paragraphs 9, 13,

and 16 of this Settlement Agreement

and Order constitutes an election of

remedies by the Commission which

extinguishrs any alleged liability on the

part of OMC.

21. OMC further asserts that it

received no reports of injuries from the

use of any of the products enumerated

in this agreement prior to and after the

sale of Lawn-Boy to Toro. OMC makes

no admission whatsoever of any fault,

liability, or statutory violation in the

event any person should claim injuries

resulting from the use of these products.

VI. Agreement of the Parties

22. The parties enter this agreement

solely for the purposes of settlement.

OMC and the staff agree that the

Commission has jurisdiction in this

matter for purposes of entry and

enforcement of this Settlement

Agreement and Order.

23. OMC shall pay the Commission a

civil penalty in the amount of seventyfive thousand dollars ($75,000) payable

within twenty (20) days after service of

the Final Order. Payment of the full

amount of the penalty shall settle fully

the staff’s allegations set forth in

paragraphs 9 through 18 above. OMC

shall have no further liability to the

Commission for any corrective action

concerning the leaking gas tanks

described in paragraphs 9, 13, and 16 of

this complaint.

24. For the purposes of settlement,

OMC waives any rights it may have in

this matter under section 6(b)(1) through

(5) of the CPSA, 15 U.S.C. 2055(a)(1)–

(5).

25. Upon provisional acceptance of

this Settlement Agreement and Order,

the agreement and order shall be placed

on the public record and shall be

published in the Federal Register in

accordance with the procedure set forth

in 16 CFR 1118.20(e). If, within 15 days

of publication, the Commission has not

received any written request not to

accept the Settlement Agreement and

Order, the Settlement Agreement and

Order will be deemed to be finally

accepted on the 16th day after the date

it is published in the Federal Register

(16 CFR 1118.20(f)). Upon final

acceptance, the Commission shall issue

and serve upon OMC the attached Order

incorporated herein by reference.

26. Upon final acceptance of this

Settlement Agreement and Order by the

Commission, OMC knowingly,

voluntarily, and completely waives any

rights it might have: (1) To an

administrative or judicial hearing with

respect to the Commission’s claim for a

civil penalty, (2) to judicial review or

other challenge to or contest of the

validity of the Commission’s action with

regard to its claim for a civil penalty, (3)

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 (4) to a statement of

findings of fact and conclusions of law

with regard to the Commission’s claim

for a civil penalty.

27. The parties further agree that the

Commission shall issue the

incorporated Order under the CPSA, 15

U.S.C. 2051 et seq., and that a violation

of the Order will subject OMC to

appropriate legal action.

28. No agreement, understanding,

representation, or interpretation not

contained in this Settlement Agreement

may be used to vary or contradict its

terms.

Outboard Marine Corporation.

Dated: April 12, 1995.

Michael A. Brown,

Counsel.

The Consumer Product Safety Commission.

Dated: April 12, 1995.

David Schmeltzer,

Associate Executive Director, Office of

Compliance and Enforcement.

Eric C. Stone,

Director, Division of Administrative

Litigation, Office of Compliance and

Enforcement.

Michael J. Gidding,

Attorney, Division of Administrative

Litigation, Office of Compliance and

Enforcement.

Order

In the matter of: Outboard Marine

Corporation; a corporation. CPSC Docket No.

95–C0011.

Upon consideration of the Settlement

Agreement entered between respondent

Outboard Marine Corporation, a

corporation, and the staff of the

Consumer Product Safety Commission;

and the Commission having jurisdiction

over the subject matter and Outboard

Marine Corporation; and it appearing

the Settlement Agreement is in the

public interest, it is

Ordered, that the Settlement

Agreement be and hereby is accepted, as

indicated below; and it is

Further Ordered, that upon final

acceptance of the Settlement

Agreement, Outboard Marine

Corporation shall pay to the order of the

Consumer Product Safety Commission a

civil penalty in the amount of seventyfive thousand dollars ($75,000), within

twenty (20) days after receipt of the

Final Order and Decision in this matter.

Provisionally accepted and Provisional

Order issued on the 14th day of April, 1995.

By order of the Commission.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 95–9848 Filed 4–20–95; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF EDUCATION

[CFDA No. 84.183F]

Drug and Violence Prevention Program

in Higher Education—Analysis and

Dissemination Program Competitions:

Analysis Projects; Notice Inviting

Applications for New Awards for Fiscal

Year (FY) 1995

Purpose of Program: To provide

grants to develop, implement, validate

and disseminate model programs and

strategies to promote the safety of

students attending institutions of higher

education (IHEs) by preventing the

illegal use of alcohol and other drugs

and by preventing violent behavior by

such students.

Eligible Applicants: IHEs; and

consortia of IHEs.

Deadline for Transmittal of

Applications: June 5, 1995.

Deadline for Intergovernmental

Review: August 4, 1995.

Applications Available: April 21,

1995.

Available Funds: $500,000.

Estimated Range of Awards: Up to

$100,000 per year.

Estimated Average Size of Awards:

$100,000.

Estimated Number of Awards: 5.

Project Period: 24 months.

Note: The Department is not bound by any

estimates in this notice.

Applicable Regulations: (a) The

Education Department General
Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Notices 19897

Administrative Regulations (EDGAR) in

34 CFR parts 74, 75, 77, 79, 80, 81, 82,

85, and 86; and (b) the regulations for

this program in 34 CFR part 612.

SUPPLEMENTARY INFORMATION: The

program is authorized under Title IV,

section 4122, of the Elementary and

Secondary Education Act of 1965, as

amended by the Improving America’s

Schools Act of 1994, Pub. L. 103–382

(October 20, 1994)(to be codified at 20

U.S.C. 7132, formerly at 20 U.S.C. 3211).

This FY 1995 competition supports the

sixth cohort of grants under the

program.

The FY 1994 amendment of the

statute modified the scope of authorized

programs. Projects may now address

violence prevention, in addition to

alcohol and other drug abuse. Such

projects must also serve as models for

the field. This competition is covered by

the scope of the amended statute and

the application procedures in 34 CFR

part 612. In the case of any

inconsistency between the program

regulations and the new statutory

provisions, the statute will control.

Priorities

Absolute Priority. Under 34 CFR

75.105(c)(3) and 34 CFR 612.21(d) the

Secretary gives an absolute preference to

applications that meet the following

priority. The Secretary funds under this

competition only applications that meet

this absolute priority:

Projects designed to analyze

successful project designs, policies, and

results of projects supported under

Institution-Wide or Special Focus

Program competitions.

Invitational Priority: Within the

absolute priority in this notice, the

Secretary is particularly interested in

applications that meet one or both of the

following invitational priorities.

However, under 34 CFR 75.105(c)(1) an

application that meets one or both of

these invitational priorities does not

receive absolute or competitive

preference over other applications:

Invitational Priority 1. Applications

by current or former recipients of grants

under Institution-Wide or Special Focus

Program competitions proposing to

analyze the direct and indirect impacts

of one or more fiscal-year cohorts of

Institution-Wide or Special Focus

projects for which departmental

assistance has ended.

Invitational Priority 2. Applications

by current or former recipients of grants

under Institution-Wide or Special Focus

Program competitions proposing to

analyze special topics or issues related

to the effectiveness of Institution-Wide

or Special Focus projects, examples of

which have been selected from

Institution-Wide or Special Focus

projects for which departmental

assistance has ended.

Topics or issues may include, among

others—

(a) Multi-site data resulting from the

use of the Environmental Assessment

Instrument by selected Institution-Wide

projects;

(b) Multi-site data resulting from the

use by Institution-Wide projects of the

Core Survey Instrument developed by

selected Institution-Wide projects;

(c) The use by IHEs of student peers

as a means of influencing other peers to

reduce alcohol and other drug problems;

(d) The approaches used in IHEs to

plan student social activities not

involving alcohol or other drugs and the

success of those approaches;

(e) IHE activities or organizational

changes associated with empowering

students, staff, and faculty to set

positive social norms; and

(f) The role of the IHE president,

chancellor, or other senior policy

makers in preventing alcohol and other

drug problems in IHEs.

Selection Criteria

In evaluating applications for grants

under the Analysis and Dissemination

Program, the Secretary uses the

selection criteria in 34 CFR 612.23(c)(3).

The program regulations in 34 CFR

612.22(b) provide that the Secretary may

award up to 100 points for the selection

criteria, including a reserved 15 points.

For this competition the Secretary

distributes the 15 points as follows:

Key personnel (34 CFR

612.23(c)(3)(iii)). Ten points are added

to this criterion for a possible total of 25

points.

Evaluation (34 CFR 612.23(c)(3)(iv)).

Five points are added to this criterion

for a possible total of 15 points.

For Applications or Information

Contact: FIPSE, FY 1995–F

Competition, U. S. Department of

Education, 600 Independence Avenue,

SW, Washington, D.C. 20202–5175.

Telephone: (202) 205–0082 to order

applications; or (202) 708–5750 for

information. Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–8339

between the hours of 8 a.m. and 8 p.m.,

Eastern time, Monday through Friday of

each week except Federal holidays.

Information about the Department’s

funding opportunities, including copies

of the application notices for

discretionary grant competitions, can be

viewed on the Department’s electronic

bulletin board (ED Board), telephone

(202) 260–9950; or on the Internet

Gopher Server at gopher.ed.gov (under

Announcements, Bulletins, and Press

Releases). However, the official

application notice for a discretionary

grant competition is the notice

published in the Federal Register.

Program Authority: 20 U.S.C. 7132.

Dated: April 17, 1995.

David A. Longanecker,

Assistant Secretary for Postsecondary

Education.

[FR Doc. 95–9851 Filed 4–20–95; 8:45 am]

BILLING CODE 4000–01–P

[CFDA No. 84.183D]

Drug and Violence Prevention Program

in Higher Education—Special Focus

Program Competition: Specific

Approaches to Prevention Projects

(Invitational Priority: Higher Education

Consortia for Drug and Violence

Prevention); Notice Inviting

Applications for New Awards for Fiscal

Year (FY) 1995

Purpose of Program: To provide

grants to develop, implement, validate,

and disseminate model programs and

strategies to promote the safety of

students attending institutions of higher

education (IHEs) by preventing the

illegal use of alcohol and other drugs

and by preventing violent behavior by

such students.

Eligible Applicants: IHEs; and

consortia of IHEs.

Deadline for Transmittal of

Applications: June 5, 1995.

Deadline for Intergovernmental

Review: August 4, 1995.

Applications Available: April 21,

1995.

Available Funds: $1,400,000.

Estimated Range of Awards: Up to

$45,000.

Estimated Average Size of Awards:

$36,000.

Estimated Number of Awards: 30 to

60.

Project Period: 28 months.

Note: The Department is not bound by any

estimates in this notice.

Applicable Regulations: (a) The

Education Department General

Administrative Regulations (EDGAR) in

34 CFR parts 74, 75, 77, 79, 80, 81, 82,

85, and 86; and (b) the regulations for

this program in 34 CFR part 612.

SUPPLEMENTARY INFORMATION: The

program is authorized under Title IV,

section 4122, of the Elementary and

Secondary Education Act of 1965, as

amended by the Improving America’s

Schools Act of 1994, Pub. L. 103–382

(October 20, 1994) (to be codified at 20

U.S.C. 7132, formerly at 20 U.S.C. 3211).