25848 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Notices

confidential treatment as set forth in 17

CFR 145.5 and 145.9. Requests for

copies of such materials should be made

to the FOI, Privacy and Sunshine Act

Compliance Staff of the Office of the

Secretariat at the Commission’s

headquarters in accordance with 17 CFR

145.7 and 145.8.

Any person interested in submitting

written data, views, or arguments on the

proposed terms and conditions, or with

respect to other materials submitted by

the NYMEX, should send such

comments to Jean A. Webb, Secretary,

Commodity Futures Trading

Commission, Three Lafayette Centre,

21st Street, NW, Washington, DC 20581

by the specified date.

Issued in Washington, DC, on May 17,

1996.

Blake Imel,

Acting Director.

[FR Doc. 96–12996 Filed 5–22–96; 8:45 am]

BILLING CODE 6351–01–P

CONSUMER PRODUCT SAFETY

COMMISSION

Commission Agenda and Priorities;

Public Hearing

AGENCY: Consumer Product Safety

Commission.

ACTION: Notice of public hearing.

SUMMARY: The Commission will conduct

a public hearing to receive views from

all interested parties about its agenda

and priorities for Commission attention

during fiscal year 1998, which begins

October 1, 1997. Participation by

members of the public is invited.

Written comments and oral

presentations concerning the

Commission’s agenda and priorities for

fiscal year 1998 will become part of the

public record.

DATES: The hearing will begin at 10 a.m.

on June 25, 1996. Written comments

and requests from members of the

public desiring to make oral

presentations must be received by the

Office of the Secretary not later than

June 18, 1996. Persons desiring to make

oral presentations at this hearing must

submit a written text of their

presentations not later than June 18,

1996.

ADDRESSES: The hearing will be in room

420 of the East-West Towers Building,

4330 East-West Highway, Bethesda,

Maryland. Written comments, requests

to make oral presentations, and texts of

oral presentations should be captioned

‘‘Agenda and Priorities’’ and mailed to

the Office of the Secretary, Consumer

Product Safety Commission,

Washington, D.C. 20207, or delivered to

that office, room 502, 4330 East-West

Highway, Bethesda, Maryland.

FOR FURTHER INFORMATION CONTACT: For

information about the hearing or to

request an opportunity to make an oral

presentation, call or write Rockelle

Hammond, Office of the Secretary,

Consumer Product Safety Commission,

Washington, DC 20207; telephone (301)

504–0800; telefax (301) 504–0127.

SUPPLEMENTARY INFORMATION: Section

4(j) of the Consumer Product Safety Act

(CPSA) (15 U.S.C. 2053(j)) requires the

Commission to establish an agenda for

action under the laws it administers,

and, to the extent feasible, to select

priorities for action at least 30 days

before the beginning of each fiscal year.

Section 4(j) of the CPSA provides

further that before establishing its

agenda and priorities, the Commission

shall conduct a public hearing and

provide an opportunity for the

submission of comments.

The Office of Management and Budget

requires all Federal agencies to submit

their budget requests 13 months before

the beginning of each fiscal year. The

Commission is formulating its budget

request for fiscal year 1998, which

begins on October 1, 1997.

Accordingly, the Commission will

conduct a public hearing on June 25,

1996, to receive comments from the

public concerning its agenda and

priorities for fiscal year 1998. The

Commissioners desire to obtain the

views of a wide range of interested

persons including consumers;

manufacturers, importers, distributors,

and retailers of consumer products;

members of the academic community;

consumer advocates; and health and

safety officers of state and local

governments.

The Commission is charged by

Congress with protecting the public

from unreasonable risks of injury

associated with consumer products. The

Commission enforces and administers

the Consumer Product Safety Act (15

U.S.C. 2051 et seq.); the Federal

Hazardous Substances Act (15 U.S.C.

1261 et seq.); the Flammable Fabrics Act

(15 U.S.C. 1191 et seq.); the Poison

Prevention Packaging Act (15 U.S.C.

1471 et seq.); and the Refrigerator Safety

Act (15 U.S.C. 1211 et seq.). Standards

and regulations issued under provisions

of those statutes are codified in the Code

of Federal Regulations, title 16, chapter

II.

While the Commission has broad

jurisdiction over products used by

consumers in or around their homes, in

schools, in recreation, and other

settings, its staff and budget are limited.

Section 4(j) of the CPSA expresses

Congressional direction to the

Commission to establish an agenda for

action each fiscal year and, if feasible,

to select from that agenda some of those

projects for priority attention.

When the Commission selects

priorities, it does so in accordance with

its policy statement governing

establishment of priorities codified at 16

CFR 1009.8. That policy statement

includes the following factors to be

considered by the Commission when

selecting its priorities:

• Frequency and severity of injuries.

• Causality of injuries.

• Chronic illness and future injuries.

• Costs and benefits of Commission

action.

• Unforeseen nature of a risk of

injury.

• Vulnerability of the population at

risk.

• Probability of exposure to hazard.

The order of listing of these criteria

does not indicate their relative

importance.

Persons who desire to make oral

presentations at the hearing on June 25,

1996, should call or write Rockelle

Hammond, Office of the Secretary,

Consumer Product Safety Commission,

Washington, D.C. 20207, telephone

(301) 504–0800, telefax (301) 504–0127,

not later than June 18, 1996.

Presentations should be limited to

approximately ten minutes. Persons

desiring to make presentations must

submit the written text of their

presentations to the Office of the

Secretary not later than June 18, 1996.

The Commission reserves the right to

impose further time limitations on all

presentations and further restrictions to

avoid duplication of presentations. The

hearing will begin at 10 a.m. on June 25,

1996, and will conclude the same day.

Written comments on the

Commission’s agenda and priorities for

fiscal year 1998, should be received in

the Office of the Secretary not later than

June 18, 1996.

Dated: May 17, 1996.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

[FR Doc. 96–12881 Filed 5–22–96; 8:45 am]

BILLING CODE 6355–01–P

[CPSC Docket No. 96–C0005]

In the Matter of Shrdlu, d/b/a/ The

Sandy Starkman Co., a Corporation;

Provisional Acceptance of a

Settlement Agreement and Order

AGENCY: Consumer Product Safety

Commission.
Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Notices 25849

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 section 1605.13.

Published below is a provisionallyaccepted Settlement Agreement with

Shrdlu Corporation, d/b/a/ The

Starkman Co., 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 June 7,

1996.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 96–C0005, Office of the

Secretary, Consumer Product Safety

Commission, Washington, DC 20207.

FOR FURTHER INFORMATION CONTACT:

Melvin I. Kramer, 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: May 17, 1996.

Sadye E. Dunn,

Secretary.

Consent Order Agreement

Shrdlu Corp., d/b/a The Sandy Starkman

Co. (hereinafter ‘‘Respondent’’ or

‘‘Starkman’’), a corporation, enters into this

Consent Order Agreement (hereinafter,

‘‘Agreement’’) with the staff of the Consumer

Product Safety Commission (‘‘the staff’’)

pursuant to the procedures set forth in

section 1605.13 of the Commission’s

Procedures for Investigations, Inspections,

and Inquiries under the Flammable Fabrics

Act (FFA), 16 CFR 1605.

This Agreement and Order are for the

purpose of settling allegations of the staff that

Respondent imported and sold 100% rayon,

double layer skirts, style #73451, in

commerce, which skirts failed to comply

with the Standard for the Flammability of

Clothing Textiles, 16 CFR 1610 (the

‘‘standard’’).

Respondent and the Staff Agree

1. The Consumer Product Safety

Commission (‘‘Commission’’) is an

independent regulatory agency of the United

States Government. The Commission has

jurisdiction over this matter under the

Consumer Product Safety Act, 15 U.S.C.

§§ 2051 et seq. (CPSA), the Flammable

Fabrics Act, 15 U.S.C. §§ 1191 et seq. (FFA)

and the Federal Trade Commission Act (15

U.S.C. §§ 41 et seq. (FTCA).

2. Respondent is a corporation organized

and existing under the laws of the State of

New York with principal corporate offices at

10 Grand Blvd., Deer Park, New York 11729.

3. Respondent is now, and has been

engaged in one or more of the following

activities: the manufacture for sale, the sale,

or the offering for sale, in commerce, or the

importation, delivery for introduction,

transportation in commerce, or the sale or

delivery after sale or shipment in commerce,

of women’s wearing apparel subject to the

standard.

4. This Agreement is for the purpose of

settling the allegations in the accompanying

Complaint. This Agreement does not

constitute an admission by Respondent that

it knowingly violated the law. The

Agreement becomes effective only upon its

final acceptance by the Commission and

service of the incorporated Order upon

Respondent.

5. The parties agree that this Consent Order

Agreement resolves the allegations of the

Complaint and the Commission shall not

initiate any other criminal, civil or

administrative action against the firm for

those alleged violations based on the

information currently known to the staff.

6. Respondent waives any rights to a

formal hearing, and any findings of fact and

conclusions of law regarding the allegations

set forth in the Complaint. Respondent

waives any right to seek judicial review or

otherwise challenge or contest the validity of

the Commission’s Order.

7. The Commission may disclose the terms

of this Consent Order Agreement to the

public consistent with section 6(b) of the

CPSA.

8. This Agreement, and the Complaint

accompanying the Agreement, may be used

in interpreting the Order. Agreements,

understandings, representations or

interpretations made outside of this Consent

Order Agreement may not be used to vary or

contradict its terms.

Upon acceptance of this Agreement, the

Commission shall issue the following order:

Peter Goodman,

Shrdlu Corporation d/b/a The Sandy

Starkman Co.

Melvin I. Kramer,

Trial Attorney, Division of Administrative

Litigation Office of Compliance.

Eric L. Stone,

Acting Director, Division of Administrative

Litigation, Office of Compliance.

David Schmeltzer,

Assistant Executive Director, Office of

Compliance, U.S. Consumer Product Safety

Commission.

Complaint

The staff of the Consumer Product Safety

Commission (‘‘staff’’) contends that Shrdlu

Corporation, d/b/a/ The Sandy Starkman Co.,

a corporation (‘‘Respondent’’), is subject to

the Consumer Product Safety Act, 15 U.S.C.

2051, et seq. (CPSA); the Flammable Fabrics

Act, 15 U.S.C. 1191 et seq. (FTCA); and, the

Standard for the Flammability of clothing

textiles, 16 C.F.R. § 1610, (‘‘the standard’’).

Based upon the information provided to

the Commission by the staff, the Commission

determined that it is in the public interest to

issue this Complaint. Therefore, by virtue of

the authority vested in the Commission by

section 30(b) of the CPSA, 15 U.S.C. 2079(b);

sections 3 and 5 of the FFA, 15 U.S.C. 1192

and 1194; and section 5 of the FTCA, 15

U.S.C. 45; and in accordance with the

Commission’s Rules of Practice of

Adjudicative Proceedings, 16 CFR Part 1025,

the Commission hereby issues this Complaint

and states the staff’s charges as follows:

1. Respondent is a corporation organized

and existing under the laws of the State of

New York with principal corporate offices at

1410 Broadway, Suite 801, New York, New

York 10018.

2. Respondent is and has been engaged in

one or more of the following activities: the

manufacture for sale, the sale, or the offering

for sale, in commerce, or the importation,

delivery for introduction, transportation in

commerce, or the sale or delivery after sale

or shipment in commerce, of women’s

wearing apparel subject to the standard.

3. Between October 26, 1993 and the end

of January 1994, Respondent imported and/

or sold in commerce items of women’s

wearing apparel, namely 900 100% rayon,

double layers skirts, style #73451. It was

subsequently discovered, through testing by

the purchaser, that the skirts failed to comply

with the flammability requirements of the

standard.

4. As a result of this failure to comply with

the standard, Respondent manufactured for

sale, sold, or offered for sale, in commerce,

or imported, delivered for introduction,

transported in commerce, or sold or

delivered after sale or shipment in

commerce, a significant number of garments

that failed to comply with the FFA.

Relief Sought

Wherefore, the staff requests the

Commission to issue an Order requiring

Respondent to cease and desist from the

manufacture for sale, the sale, or the offering

for sale, in commerce, or the importation,

delivery for introduction, transportation in

commerce, or the sale or delivery after sale

or shipment in commerce, of any item of

wearing apparel subject to the standard that

fails to comply with the standard.

Wherefore, the premises considered, the

Commission hereby issues this Complaint on

the lll day of llllllll 199 .

By Direction of the Commission:

David Schmeltzer,

Assistant Executive Director, Office of

Compliance and Enforcement.

Order

I

It is hereby ordered that Respondent,

its successors and assigns agents,

representatives and employees, directly

or through any corporation, subsidiary,

division, or other business entity, or

through any agency, device or

instrumentality, do forthwith cease and

desist from selling or offering for sale,

in commerce, or manufacturing for sale,

in commerce, or importing into the

United States or introducing, delivering
25850 Federal Register / Vol. 61, No. 101 / Thursday, May 23, 1996 / Notices

for introduction, transporting or causing

to be transported, in commerce, any

item of wearing apparel that fails to

comply with the flammability

requirements of the Standard for

Flammability of clothing textiles, 16

C.F.R. part 1610.

II

It is further ordered that Respondent

pay to the United States Treasury a civil

penalty of $5,000.00 no later than March

20, 1996 or within 20 days after service

upon the Respondent of the Final Order,

whichever comes later.

III

It is further ordered that for a period

of three years following the service

upon Respondent of the Final Order in

this matter, Respondent notify the

Commission with in 30 days following

the consummation of the sale of a

majority of its stock or following a

change in any of its corporate officers

responsible for compliance with the

terms of this Consent Agreement and

Order.

By direction of the Commission, this

Consent Order Agreement is

provisionally accepted pursuant to 16

CFR Section 1605.13, and shall be

placed on the public record, and the

Secretary is directed to publish the

provisional acceptance of the Consent

Order Agreement in the Commission’s

Public Calendar and in the Federal

Register.

So ordered by the Commission, this 17th

day of May 1996.

Sadye E. Dunn,

Secretary, U.S. Consumer Product Safety

Commission.

By direction of the Commission, this

Consent Order Agreement is hereby

finally accepted and issued as an Order

of the Consumer Product Safety

Commission.

[FR Doc. 96–12880 Filed 5–22–96; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF DEFENSE

Department of the Air Force

Record of Decision (ROD) for the

Disposal and Reuse of George Air

Force Base (AFB), CA

On April 10, 1996, the Air Force

signed the Supplemental Record of

Decision (ROD) for the Disposal and

Reuse of George AFB, CA. The decisions

included in this Supplemental ROD

have been made in consideration of, but

not limited to, the information

contained in the Final Environmental

Impact Statement (FEIS) for the Disposal

and Reuse of George AFB, filed with the

Environmental Protection Agency in

March 1992.

George AFB closed on December 15,

1992, pursuant to the Defense

Authorization Amendments and Base

Closure and Realignment Act (BCRA)

(Public Law 100–526), and the

recommendations of the Defense

Secretary’s Commission for Base

Realignment and Closure. This

Supplemental ROD modifies certain

previous decisions made in the initial

ROD executed on January 14, 1993, and

first supplemented September 21, 1993.

This Supplemental ROD documents the

decisions made by the Air Force on the

division of parcels, the method by

which parcels are to be conveyed or

transferred, and the mitigation measures

to be adopted.

The previous decisions making

Parcels B, D, H, J, Primary Roads,

Railroad right-of-way, Gas, and

Telephone utility systems, available for

disposal by negotiated or public sale is

modified to provide for the disposal of

such property by Economic

Development Conveyance (EDC) under

the provisions of Public law No. 103–

160, the Pryor Amendments. Previous

decisions making Parcels F and G

available for disposal by negotiated or

public sale is modified to provide for

the disposal of such property under the

EDC, consistent with the provisions of

Pub. L. No. 103–421, the Base Closure

Community Redevelopment and

Homeless Assistance Act. Parcel D is

modified by the withdrawal of

approximately 1.5 acres of fee land

improved with the electrical substation.

The withdrawn acreage is designated as

Parcel SS. Consistent with the Air

Force’s previous decision, the electrical

substation and distribution system will

be disposed of by negotiated sale to the

authorized franchise holder. In all other

respects, previous decisions regarding

such parcels are unchanged. The

decisions in this document, coupled

with those in the previous ROD,

complete the disposal decisions for

George AFB.

The implementation of the closure

and reuse action and associated

mitigation measures will proceed with

minimal adverse impact to the

environment. This action conforms with

applicable Federal, State and local

statutes and regulations, and all

reasonable and practical efforts have

been incorporated to minimize harm to

the local public and the environment.

Any questions regarding this matter

should be directed to Mr. John E. B.

Smith or Ms. De Carlo Ciccel at (703)

696–5540. Correspondence should be

sent to: AFBCA/DE, 1700 North Moore

Street, Suite 2300, Arlington, VA

22209–2802.

Patsy J. Conner,

Air Force Federal Register Liaison Officer.

[FR Doc. 96–12963 Filed 5–22–96; 8:45 am]

BILLING CODE 3910–01–M

DEPARTMENT OF THE DEFENSE

Department of the Army

Record of Decision on the Final

Environmental Impact Statement on

the Disposal and Reuse of the Tooele

Army Depot Base Realignment and

Closure (BRAC) Parcel

AGENCY: Department of the Army, DOD.

ACTION: Notice of Availability.

SUMMARY: The Department of the Army

announced its Record of Decision (ROD)

on the Final Environmental Impact

Statement (FEIS) for the disposal and

reuse of the 1,700-acre BRAC parcel at

Tooele Army Depot, Tooele, Utah. In

accordance with the Defense Base

Closure and Realignment Act of 1990,

Pub. L. 101–510, as amended.

Under the Act, the Secretary of the

Army has been delegated the authority

to dispose of excess real property and

facilities located at a military

installation being closed or realigned.

The Army is required to comply with

the National Environmental Policy Act

during the process of property disposal

and must prepare appropriate analyses

of the impacts of disposal and,

indirectly, of the reuse of the property

on the environment. The ROD and the

FEIS satisfy requirements of the law to

examine the environmental impacts of

disposal and reuse of the Tooele BRAC

parcel.

Encumbered disposal involves the

transfer of property to others with use

restrictions imposed by the Army. The

ROD concludes that surplus property

will be conveyed, subject to restrictions

identified in the FEIS, that relate to the

following: measures to protect ground

water quality, utilities

interdependencies, and remedial

activities. The Army will impose

reservations or deed restrictions, as

necessary and appropriate, to protect

human health, the environment, and

public safety.

The Army has taken all practicable

measures to avoid or minimize

environmental harm associated with its

preferred alternative of encumbered

property disposal. The Army will

continue to work with individual future

owners to avoid, reduce, or compensate

for adverse impacts that might occur as