19894 Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Notices

COMMITTEE FOR PURCHASE FROM

PEOPLE WHO ARE BLIND OR

SEVERELY DISABLED

Agency Information Collection

Activities Under OMB Control

AGENCY: Committee for Purchase From

People Who Are Blind or Severely

Disabled.

ACTION: Notice of agency report forms

under OMB review.

SUMMARY: The Committee for Purchase

From People Who Are Blind or Severely

Disabled has submitted revised Initial

Certification Forms to OMB for review

and clearance under the provisions of

the Paperwork Reduction Act of 1980

(44 U.S.C. Chapter 35).

DATES: Comments must be submitted on

or before May 22, 1995.

ADDRESSES: Written comments should

be sent to: Laura Olivin, Desk Officer,

Office of Information and Regulatory

Affairs, Office of Management and

Budget, Room 3208, New Executive

Office Building, Washington, DC 20503.

Requests for information, including

copies of the revised forms and

supporting documentation, should be

directed to: Beverly L. Milkman,

Committee for Purchase From People

Who Are Blind or Severely Disabled,

Crystal Square 3, Suite 403, 1735

Jefferson Davis Highway, Arlington, VA

22202–3461, (703) 603–7740.

SUPPLEMENTARY INFORMATION: The

Committee has two initial certification

forms, one for nonprofit agencies

serving people who are blind and one

for nonprofit agencies serving people

who have other severe disabilities. The

information included on the forms is

required to ensure that nonprofit

agencies requesting to participate in the

Committee’s program meet the

requirements of 41 U.S.C. 46–48c.

Several modifications have been made

to the form from the previous edition:

1. The language has been updated to

reflect the current regulatory language;

2. Instructions have been included for

each item;

3. The certifications have been

modified so that it is clearer what the

agency is certifying.

Dated: April 14, 1995.

Beverly L. Milkman,

Executive Director.

[FR Doc. 95–9933 Filed 4–20–95; 8:45 am]

BILLING CODE 6820–33–P

Procurement List; Proposed Additions

AGENCY: Committee for Purchase From

People Who Are Blind or Severely

Disabled.

ACTION: Proposed additions to

Procurement List.

SUMMARY: The Committee has received

proposals to add to the Procurement List

services to be furnished by nonprofit

agencies employing persons who are

blind or have other severe disabilities.

COMMENTS MUST BE RECEIVED ON OR

BEFORE: May 22, 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: This

notice is published pursuant to 41

U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its

purpose is to provide interested persons

an opportunity to submit comments on

the possible impact of the proposed

actions.

If the Committee approves the

proposed additions, all entities of the

Federal Government (except as

otherwise indicated) will be required to

procure the services listed below from

nonprofit agencies employing persons

who are blind or have other severe

disabilities.

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

services to the Government.

2. The action does not appear to have

a severe economic impact on current

contractors for the services.

3. The action will result in

authorizing small entities to furnish the

services 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 services proposed

for addition to the Procurement List.

Comments on this certification are

invited. Commenters should identify the

statement(s) underlying the certification

on which they are providing additional

information.

The following services have been

proposed for addition to Procurement

List for production by the nonprofit

agencies listed:

Janitorial/Custodial

U.S. Courthouse (Whittle Building)

Knoxville, Tennessee

NPA: Goodwill Industries—Knoxville,

Inc.

Knoxville, Tennessee

Medical Transcription

Veterans Administration Medical Center

508 Fulton Street

Durham, North Carolina

NPA: Durham Exchange Club

Industries, Inc.

Durham, North Carolina

Beverly L. Milkman,

Executive Director.

[FR Doc. 95–9932 Filed 4–20–95; 8:45 am]

BILLING CODE 6820–33–P

CONSUMER PRODUCT SAFETY

COMMISSION

[CPSC Docket No. 95–C0011]

Outboard Marine Corp., 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). Published

below is a provisionally-accepted

Settlement Agreement with Outboard

Marine Corporation, 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 May 8,

1995.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 95–C0011, Office of the

Secretary, Consumer Product Safety

Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT:

Michael J. Gidding, 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 14, 1995.

Sadye E. Dunn,

Secretary.

Settlement Agreement

In the matter of: Outboard Marine

Corporation; a corporation. CPSC Docket No.

95–C0011.

1. This Settlement Agreement, entered

into between the Outboard Marine
Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Notices 19895

Corporation, a corporation (hereinafter

‘‘OMC’’), and the staff of the Consumer

Product Safety Commission (hereinafter

‘‘the staff’’) is a compromise resolution

of the matter described herein, without

a hearing or determination of issues of

law or fact.

I. The Parties

2. Outboard Marine Corporation is a

manufacturer of boats and boating

equipment. During the period of time

relevant to this matter, OMC also owned

subsidiaries that manufactured lawn

and garden equipment. From 1987 to

May, 1989, OMC owned and operated a

division known as Lawn-Boy, Inc.

(hereinafter ‘‘Lawn-Boy’’), a

manufacturer and distributor of various

models of lawn mowers. From June,

1989 until November 7, 1989, when

Lawn-Boy was sold to the Toro

Company, Lawn-Boy operated as a

wholly-owned corporate subsidiary of

OMC.

3. The staff of the Consumer Product

Safety Commission (hereinafter ‘‘the

Commission’’) are those members of the

Commission’s staff responsible for

enforcing the laws administered by the

Commission. The Commision is an

independent federal regulatory agency

established by Congress pursuant to

section 4 of the Consumer Product

Safety Act (hereinafter, ‘‘the CPSA’’ or

‘‘the Act’’), 15 U.S.C. 2053.

II. Jurisdiction

4. Lawn-Boy, acting in its capacity as

a division and, after June 4, 1989, as a

wholly-owned corporate subsidiary of

OMC, manufactured the lawn mowers at

issue in this proceeding for sale to

consumers for use around permanent or

temporary households or residences.

These lawn mowers are ‘‘consumer

products’’ within the meaning of

subsection 3(a)(1) of the CPSA, 15

U.S.C. 2051(a)(1).

5. Between approximately October 1,

1987 and August 29, 1989, Lawn-Boy

manufactured and distributed over

160,000 lawn mowers identified as ‘‘L’’

series lawn mowers for sale to

consumers throughout the United

States. During 1989, Lawn-Boy also

manufactured lawn mowers under the

‘‘M’’ series and ‘‘Model 8157’’

designations, respectively, for sale to

consumers throughout the United

States. Lawn-Boy, therefore, is a

‘‘manufacturer’’ of consumer products

which are ‘‘distributed in commerce’’,

as those terms are defined in sections

3(a)(4) and (11) of the CPSA, 15 U.S.C.

2052(a)(4) and (11). With respect to

lawn mowers manufactured during the

time prior to June, 1989 when Lawn Boy

was a division of OMC, OMC was also

a ‘‘manufacturer’’ of consumer products

which were distributed in commerce, as

those terms are defined in sections

3(a)(4) and (11) of the CPSA.

III. The Products

6. The products at issue in this matter

are walk-behind lawn mowers.

IV. Staff Allegations

7. OMC was responsible for

controlling the acts and practices of

Lawn-Boy, both as a division and

subsequently as a corporate subsidiary

of OMC, including complying with the

requirements of section 15(b) of the

CPSA, 15 U.S.C. 2064(b), and the

regulations issued thereunder, 16 CFR

1115, et seq.

8. Section 15(b) of the Consumer

Product Safety Act, 15 U.S.C. 2064(b),

requires a manufacturer of a consumer

product who obtained information that

reasonably supported the conclusion

that the product contained a defect

which could create a substantial

product hazard to inform the

Commission immediately of the defect

or risk.

The ‘‘L’’ Series Lawn Mowers

9. Between October, 1987 and August,

1989, Lawn-Boy/OMC ‘‘L’’ series lawn

mowers were equipped with gas tanks

that were susceptible to leakage and

thus were defective because of improper

bonding of the tank halves during a hotplate welding process. Lawn-Boy/OMC

learned of the leakage problem in 1988

and replaced leaking gas tanks on lawn

mowers brought in for service through

1988 and 1989. In early 1989, LawnBoy’s/OMC’s fuel tank supplier

modified the tank design to improve

bonding of the gas tank halves. In

August, 1989, Lawn-Boy/OMC

authorized its tank supplier to build

new machinery to improve the hotwelding process to correct the leakage

problem.

10. Both as the manufacturer of the

lawn mowers that are the subject of

paragraph 9 and, after June, 1989, in its

capacity as corporate parent of its

wholly-owned subsidiary, Lawn-Boy,

OMC knew or, with the exercise of due

diligence, should have known that the

tanks on the ‘‘L’’ series lawn mowers

were defective and that the defect could

expose consumers to a substantial risk

of injury from fire.

11. Despite the pattern of ‘‘L’’ series

tank seam failures that occurred prior to

the sale of Lawn-Boy, OMC failed to

provide any information concerning the

failures to the Commission.

12. OMC’s failure to report

information relating to gas tank seam

failures on ‘‘L’’ series mowers to the

Commission violated section 15(b) of

the CPSA, as amended, 15 U.S.C.

2064(b).

The ‘‘M’’ Series Lawn Mowers

13. During 1989, Lawn-Boy/OMC

manufactured and distributed ‘‘M’’

series lawn mowers that experienced

gas tank leakage. The method of

mounting and attaching the tanks to the

mower engines resulted in wear on the

tanks that caused the tanks to leak.

Lawn-Boy/OMC received complaints of

fuel leakage caused by the defective

mounting method.

14. Both as the manufacturer of lawn

mowers that are the subject of paragraph

13 and, after June, 1989, in its capacity

as the corporate parent of its whollyowned subsidiary, Lawn-Boy, OMC

knew, or with the exercise of due

diligence, should have known that the

method of mounting the tanks was

defective and could expose consumers

to a substantial risk of injury from fire.

Despite the pattern of ‘‘M’’ series tank

failures, OMC failed to provide any

information concerning the failures to

the Commission.

15. OMC’s failure to report

information relating to gas tank failures

on the ‘‘M’’ series lawn mowers to the

Commission violated the requirements

section 15(b) of the CPSA, as amended,

15 U.S.C. 2064(b).

The ‘‘Model 8157’’ Series Lawn Mowers

16. From 1987 to 1989, Lawn-Boy/

OMC manufactured and distributed

Model 8157 series lawn mowers. In

1989, Lawn-Boy/OMC received

complaints that the gas tanks on these

lawn mowers were experiencing gas

leakage as a result of fractures in the

fuel tank nipples.

17. Both as a manufacturer of the

lawn mowers that are the subject of

paragraph 16 and, after June, 1989, in its

capacity as the corporate parent of its

wholly-owned subsidiary, Lawn-Boy,

OMC knew, or, with the exercise of due

diligence, should have known that the

fracturing gas tank fuel nipples were

defective and could expose consumers

to a substantial risk of injury from fire.

Despite the pattern of Model 8157 tank

failures, OMC failed to provide any

information concerning the failures to

the Commission.

18. OMC’s failure to report

information relating to gas tank failures

on the Model 8157 series lawn mowers

to the Commission violated section

15(b) of the CPSA, as amended, 15

U.S.C. 2064(b).

V. Response of OMC

19. OMC denies and does not accept

as factual each and all of the staff
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