Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Notices 26505

FOR FURTHER INFORMATION CONTACT:

Council staff, telephone: 907-271-2809.

SUPPLEMENTARY INFORMATION: The

agenda for the meeting will include the

following subjects:

1. Reports from NMFS and the Alaska

Department of Fish and Game on the

current status of the fisheries off Alaska,

and enforcement reports from the U.S.

Coast Guard and NMFS.

2. Final review of a regulatory

amendment to raise ownership caps for

Bering Sea/Aleutian Islands (BSAI)

halibut quota share holders.

3. Final decision on gear allocations

for BSAI Pacific cod fishery.

4. Final decisions on BSAI crab

bycatch management measures,

including proposed closures and

prohibited species limits.

5. Initial review of an amendment

package for measures to improve

retention and utilization of groundfish

species.

6. A report on a proposal to ban night

trawling for Pacific cod and discussion

of whether to proceed with an

amendment analysis.

7. Final decision on proposed

revisions to the Gulf of Alaska and BSAI

groundfish overfishing definitions.

8. Review and approval of a Request

for Proposals for analysis of

management measures for the halibut

charterboat industry off Alaska.

The agenda for the Council’s joint

meeting with the IPHC includes the

following discussion items:

1. IPHC Area 4 biomass distribution.

2. Gridsorting.

3. Bycatch compensation by area.

4. Bycatch limits.

Special Accommodations

These meetings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to Helen Allen, 907-

271-2809, at least 5 working days prior

to the meeting date.

Dated: May 20, 1996.

Richard W. Surdi,

Acting Director,Office of Fisheries

Conservation and Management,National

Marine Fisheries Service.

[FR Doc. 96–13285 Filed 5–24–96; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 051796C]

Marine Mammals; Scientific Research

Permit (P466C)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Receipt of application.

SUMMARY: Notice is hereby given that

Mr. Scott D. Kraus, New England

Aquarium, Central Wharf, Boston, MA

02110–3399, has applied in due form for

a permit to take by harassment up to

4,000 harbor porpoises (Phocoena

phocoena) in the Gulf of Maine during

the course of acoustic playback

experiments for purposes of scientific

research.

DATES: Written comments must be

received on or before June 21, 1996.

ADDRESSES: The application and related

documents are available for review

upon written request or by appointment

in the following office(s):

Permits Division, Office of Protected

Resources, NMFS, 1315 East-West

Highway, Room 13130, Silver Spring,

MD 20910 (301/713–2289); and

Director, Northeast Region, NMFS,

One Blackburn Drive, Gloucester, MA

01930–2298 (508/281–9250).

Written data or views, or requests for

a public hearing on this request, should

be submitted to the Director, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Room 13130, Silver

Spring, MD 20910. Those individuals

requesting a hearing should set forth the

specific reasons why a hearing on this

particular request would be appropriate.

Concurrent with the publication of

this notice in the Federal Register,

NMFS is forwarding copies of this

application to the Marine Mammal

Commission and its Committee of

Scientific Advisors.

SUPPLEMENTARY INFORMATION: The

subject permit is requested under the

authority of the Marine Mammal

Protection Act of 1972, as amended (16

U.S.C. 1361 et seq.), the Regulations

Governing the Taking and Importing of

Marine Mammals (50 CFR part 216).

The applicant seeks authorization to

take by harassment up to 4,000 harbor

porpoises (Phocoena phocoena) in the

Gulf of Maine during the course of

underwater acoustic playback

experiments. The proposed research is a

continuation of work previously

authorized in 1992, and will provide

data on porpoise responses to various

acoustic stimuli used as acoustic

deterrent devices in commercial fishing

gear.

Dated: May 17, 1996.

Ann D. Terbush,

Chief, Permits and Documentation, Office of

Protected Resources, National Marine

Fisheries Service.

[FR Doc. 96–13286 Filed 5–22–96; 3:24 pm]

BILLING CODE 3510–22–F

CONSUMER PRODUCT SAFETY

COMMISSION

Sunshine Act Meeting

TIME AND DATE: 10:00 a.m., Thursday,

May 30, 1996.

LOCATION: Room 410, East West Towers,

4330 East West Highway, Bethesda,

Maryland.

STATUS: Closed to the Public.

MATTER TO BE CONSIDERED:

Compliance Status Report

The staff will brief the Commission on the

status of various compliance matters.

For a recorded message containing the

latest agenda information, call (301)

504–0709.

CONTACT PERSON FOR ADDITIONAL

INFORMATION: Sadye E. Dunn, Office of

the Secretary, 4330 East West Highway.,

Bethesda, MD 20207 (301) 504–0800.

Dated: May 22, 1996.

Sadye E. Dunn,

Secretary.

[FR Doc. 96–13446 Filed 5–23–96; 2:51 pm]

BILLING CODE 6355–01–M

[CPSC Docket No. 96–C0006]

Burlington Coat Factory Warehouse

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 Section 1605.13.

Published below is a provisionallyaccepted Settlement Agreement with

Burlington Coat Factory Corp., 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 12,

1996.

ADDRESSES: Persons wishing to

comment on this Settlement Agreement

should send written comments to the

Comment 96–C0006, Office of the

Secretary, Consumer Product Safety

Commission, Washington, D.C. 20207.

FOR FURTHER INFORMATION CONTACT:

William J. Moore, Jr., Trial Attorney,

Office of Compliance and Enforcement,
26506 Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Notices

Consumer Product Safety Commission,

Washington, D.C. 20207; telephone

(301) 504–0626.

SUPPLEMENTARY INFORMATION: The text of

the Agreement and Order appears

below.

Dated: May 20, 1996.

Sadye E. Dunn,

Secretary.

Consent Order Agreement

Burlington Coat Factory Warehouse

Corporation (‘‘Burlington Coat Factory’’

or ‘‘Respondent’’) enters into this

Consent Order Agreement with the staff

(‘‘the staff’’) of the Consumer Product

Safety Commission (‘‘the Commission’’)

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

part 1605.

This Agreement and Order are for the

sole purpose of settling allegations of

the staff that Respondent sold certain

ladies’ rayon sheer chiffon skirts and

scarves that failed to comply with the

Standard for the Flammability of

Clothing Textiles 16 CFR part 1610

(‘‘the general wearing apparel

standard’’).

Respondents and the Staff Agree

1. The Consumer Product Safety

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.

(FAA) and the Federal Trade

Commission Act, 15 U.S.C. 41 et seq.

(FTC).

2. Respondent Burlington Coat

Factory is a corporation organized and

existing under the laws of the State of

Delaware with principal corporate

offices at 1830 Route 130, Burlington,

New Jersey 08016.

3. Respondent is now, and has been,

engaged in one or more of the following

activities: the sale, or the offering for

sale, in commerce, or the delivery for

introduction, transportation in

commerce, or the sale or delivery after

sale or shipment in commerce, of

womens’ skirts and scarves subject to

the general wearing apparel standard.

4. This Agreement is for the sole

purpose of settling the allegations in the

accompanying Complaint. The

Agreement becomes effective only upon

its final acceptance by the Commission

and service of the incorporated Order

upon Respondent. The parties agree to

entry of the attached Order, which is

incorporated herein by reference.

5. Respondent specifically denies the

allegations contained in paragraphs 3–5

of the accompanying Complaint. In

particular, Respondent contends that it

did not knowingly sell rayon sheer

chiffon skirts and scarves that violated

the flammability requirements of the

general wearing apparel standard.

Nothing in this Agreement constitutes

an admission by Respondent that it

violated the law.

6. Respondent further contends that it

has received no reports of injuries from

the use of any products enumerated in

this agreement or the accompanying

Complaint. Respondent makes no

admission of any fault, liability, or

statutory violation. Nor does this

Agreement constitute an admission by

Respondent that it is paying a civil

penalty; any payment referenced in

paragraph II of the accompanying Order

is solely to settle the Commission’s

contention that a civil penalty is

appropriate.

7. The parties agree that this Consent

Order Agreement resolves the

allegations of the accompanying

Complaint. The Commission

specifically waives its right to initiate

any other criminal, civil or

administrative action against the

Respondent, its shareholders, officers,

directors, employees, and agents with

respect to those alleged violations.

8. Respondent waives any rights to a

formal hearing as to 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.

9. The Commission may disclose the

terms of this Consent Order Agreement

to the public consistent with Section

6(b) of the CPSA.

10. This Agreement and the

Complaint accompanying the

Agreement may be used in interpreting

the incorporated 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.

By:

Paul C. Tang,

Vice President and General Counsel,

Burlington Coat Factory, Warehouse

Corporation, 1830 Route 130, Burlington, New

Jersey 08016.

Date: April 12, 1996.

By:

William J. Moore, Jr.,

Trial Attorney, Division of Administrative

Litigation.

Date: April 12, 1996.

Eric L. Stone,

Acting Director, Division of Administrative

Litigation.

David Schmeltzer,

Assistant Executive Director, Office of

Compliance, Consumer Product Safety

Commission, Washington, DC 20207.

Order

Upon consideration of the Agreement

of the parties

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 introducing, delivering

for introduction, transporting or causing

to be transported, in commerce, or

selling or delivering after sale or

shipment in commerce, any 100% rayon

sheer chiffon skirts or scarves that fail

to comply with the flammability

requirements of the Standard for the

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 TWO HUNDRED FIFTY

THOUSAND DOLLARS ($250,000)

within twenty (20) days after service

upon Respondent of the Final Order.

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 within 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

C.F.R. 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.
Federal Register / Vol. 61, No. 103 / Tuesday, May 28, 1996 / Notices 26507

So ordered by the Commission, this 20th

day of May, 1996.

Sadye E. Dunn,

Secretary, Consumer Product Safety

Commission.

Complaint

The staff of the Consumer Product

Safety Commission (‘‘staff’’) contends

that Burlington Coat Factory Warehouse

Corporation, a corporation

(‘‘Respondent’’), is subject to the

provisions of 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); the Federal

Trade Commission Act (15 U.S.C. 41 et

seq. (FTC); and the Standard for the

Flammability of Clothing Textiles, 16

C.F.R. part 1601 (‘‘the general wearing

apparel standard’’). The staff further

contends Respondent violated the

general wearing apparel standard’s

provisions related to the flammability of

certain women’s rayon sheer chiffon

skirts and scarves.

Based upon the information provided

to the Commission by the staff, the

Commission determined 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.

45; and in accordance with the

Commission’s Rules of Practice for

Adjudicative Proceedings, 16 CFR Part

1025, the Commission hereby issues this

Complaint and states the staff’s charges

as follows:

1. Respondent Burlington Coat

Factory is a corporation organized and

existing under the laws of the State of

Delaware with principal corporate

offices at 1830 Route 130 N, Burlington,

New Jersey, 08016.

2. Respondent is and has been

engaged in one or more of the following

activities: the sale, or the offering for

sale, in commerce, of women’s sheer

chiffon rayon skirts and scarves subject

to the general wearing apparel

standards.

3. In 1994 and 1995, Respondent sold

and offered for sale women’s 100%

rayon sheer chiffon skirts and scarves

that did not comply with the

flammability requirements for general

wearing apparel.

4. As the result of these failures to

comply with the general wearing

apparel standard, Respondent sold, or

offered for sale, in commerce, a

significant number of women’s garments

purchased from several different

importers that failed to comply with the

general wearing apparel flammability

standards.

5. After being informed of the

violations involving sheer chiffon skirts

by the Commission staff in 1994,

Respondent nevertheless sold and

offered for sale sheer chiffon scarves

that did not comply with the applicable

flammability requirements.

Relief Sought

Wherefore, the staff requests the

Commission to issue an order requiring

the Respondent to:

Cease and desist from the sale, or the

offering for sale, in commerce, delivery

for introduction, transportation in

commerce, or the sale or delivery after

sale or shipment in commerce, of rayon

sheer chiffon skirts and scarves subject

to the general wearing apparel standards

that fail to comply with such standards.

Wherefore, the premises considered,

the Commission hereby issues this

Complaint on the ll day of lll,

1996.

Dated:

By direction of the Commission:

David Schmeltzer,

Assistant Executive Director, Office of

Compliance.

[FR Doc. 96–13203 Filed 5–24–96; 8:45 am]

BILLING CODE 6355–01–M

DEPARTMENT OF ENERGY

Establishment of the Fee Policy for

Acceptance of Foreign Research

Reactor Spent Nuclear Fuel

AGENCY: Department of Energy.

ACTION: Notice of establishment of the

fee policy for acceptance of foreign

research reactor spent nuclear fuel.

SUMMARY: This notice establishes the fee

policy for receipt and management of

spent nuclear fuel from foreign research

reactors by the Department of Energy

(DOE). DOE’s foreign research reactor

spent fuel acceptance policy covers

aluminum-based and TRIGA (Training,

Research, Isotope, General Atomics)

spent fuel and target material containing

uranium enriched in the United States.

For high-income economy countries, the

fee will be no higher than $4,500 per

kilogram of total mass for aluminum

based spent fuel containing highly

enriched uranium (HEU) and TRIGA

spent fuel, and no higher than $3,750

per kilogram of total mass for aluminum

based spent fuel containing low

enriched uranium (LEU). The cost of

shipping the spent fuel to the United

States from high-income economy

countries is not included in the fee, and

will be borne by the reactor operators.

For other countries, the Department will

pay the costs for shipping, receipt, and

management.

FOR FURTHER INFORMATION CONTACT: G. F.

Cole, Director, Office of Spent Fuel

Management (EM–67), U.S. Department

of Energy, 1000 Independence Ave, SW,

Washington, DC 20585, Telephone (301)

903–1450.

SUPPLEMENTARY INFORMATION: On May

13, 1996, the Department of Energy

(DOE) issued the Record of Decision

(ROD) for the Final Environmental

Impact Statement on a Proposed

Nuclear Weapons Nonproliferation

Policy Concerning Foreign Research

Reactor Spent Nuclear Fuel (DOE/EIS–

0218F of February 1996, the Final EIS).

The ROD specifies that the United

States will accept up to 19.2 MTHM

(metric tonnes of heavy metal) of foreign

research reactor spent fuel in

approximately 22,700 separate elements

and up to approximately an additional

0.6 MTHM of target material over a

thirteen year period. All of this material

contains uranium that was enriched in

the United States.

DOE specified in the ROD that the

following spent fuel and target material

types will be accepted under this policy:

1. Spent nuclear fuel (HEU or LEU)

from foreign research reactors operating

on LEU fuel or in the process of

converting to LEU fuel when the policy

became effective.

2. Spent nuclear fuel (HEU or LEU)

from foreign research reactors that

operated on HEU fuel when the policy

became effective but that formally

commit to convert to LEU fuel. Spent

nuclear fuel will not be accepted from

foreign research reactors that could

convert to LEU fuel but whose operators

or owners do not formally commit, prior

to receipt of their spent fuel into the

United States, to make the conversion.

Similarly, target material containing

uranium enriched in the United States

will only be accepted if reactors wishing

to ship such target material have

formally committed to convert to the

use of LEU targets, when such targets

become available. The terms and

commitments for conversion are

discussed in the ROD.

3. HEU spent nuclear fuel from

foreign research reactors having lifetime

cores, from foreign research reactors

planning to shut down by a specific date

while the policy is in effect, and from

foreign research reactors for which a

suitable LEU fuel is not available.

4. HEU or LEU spent nuclear fuel

from foreign research reactors that are

already shut down.

5. Unirradiated HEU or LEU fuel from

eligible foreign research reactors will be

accepted as spent nuclear fuel.