Federal Register / Vol. 64, No. 228 / Monday, November 29, 1999 / Notices
provided for under the Uruguay Round
Agreement on Textiles and Clothing:
The guaranteed access level for Categories
351/651 remains unchanged.
The Committee for the Implementation of
Textile Agreements has determined that this
action falls within the foreign affairs
exception of the rulemaking provisions of 5
U.S.C. 553(a)(1).
Sincerely,
Troy H. Cribb,
Chairman, Committee for the Implementation
of Textile Agreements.
[FR Doc. 99–30818 Filed 11–26–99; 8:45 am]
BILLING CODE 3510–DR–F
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meeting
AGENCY HOLDING THE MEETING:
Commodity Futures Trading
Commission.
11:00 a.m., Friday,
December 17, 1999.
1155 21st St., N.W., Washington,
D.C., 9th Floor Conference Room.
PLACE:
STATUS:
Closed.
Surveillance
Matters.
Sunshine Act Meeting
AGENCY HOLDING THE MEETING:
Commodity Futures Trading
Commission.
CONTACT PERSON FOR MORE INFORMATION:
Jean A. Webb, 202–418–5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99–31019 Filed 11–24–99; 12:13
pm]
BILLING CODE 6351–01–M
11:00 a.m., Friday,
December 3, 1999.
COMMODITY FUTURES TRADING
COMMISSION
1155 21st St., NW., Washington,
DC, 9th Floor Conference Room.
Sunshine Act Meeting
TIME AND DATE:
PLACE:
STATUS:
AGENCY HOLDING THE MEETING:
Closed.
MATTERS TO BE CONSIDERED:
Surveillance
Matters.
CONTACT PERSON FOR MORE INFORMATION:
Jen A. Webb, 202–418–5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99–31017 Filed 11–24–99; 12:13
pm]
BILLING CODE 6351–01–M
CONTACT PERSON FOR MORE INFORMATION:
Jean A. Webb, 202–418–5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99–31021 Filed 11–24–99; 12:13
pm]
BILLING CODE 6351–01–M
TIME AND DATE:
MATTERS TO BE CONSIDERED:
COMMODITY FUTURES TRADING
COMMISSION
66613
Commodity Futures Trading
Commission.
11:00 a.m., Thursday,
December 23, 1999.
TIME AND DATE:
1155 21st St., N.W., Washington,
D.C., 9th Floor Conference Room.
PLACE:
STATUS:
Closed.
MATTERS TO BE CONSIDERED:
Surveillance
Matters.
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meeting
Commodity Futures Trading
Commission.
ACTION: Notice of Meeting.
TIME AND DATE: 10 a.m.–1 p.m.,
December 2, 1999.
STATUS: Open.
SUMMARY: This is to give notice that the
Commission will hold a public
roundtable meeting to discuss
regulation of exchange-traded
derivatives.
PLACE: 1155 21st St., NW, Washington,
DC, Lobby Level Hearing Room.
FOR FURTHER INFORMATION CONTACT:
De’Ana H. Dow, Legal Counsel to
Chairman Rainer, at 202–418–5030.
Written comments should be submitted
to Jean A. Webb, Secretary, Commodity
Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street, NW,
Washington, DC 20581.
AGENCY:
Issued in Washington, D.C. on November
24, 1999.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99–31067 Filed 11–24–99; 11:42
pm]
BILLING CODE 6351–01–M
CONTACT PERSON FOR MORE INFORMATION:
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meeting
AGENCY HOLDING THE MEETING:
Jean A. Webb, 202–418–5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99–31020 Filed 11–24–99; 12:13
pm]
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 00–C0001]
Black & Decker (U.S.), Inc.,
corporation, Provisional Acceptance of
a Settlement Agreement and Order
Commodity Futures Trading
Commission.
BILLING CODE 6351–01–M
TIME AND DATE:
11:00 a.m., Friday,
December 10, 1999.
COMMODITY FUTURES TRADING
COMMISSION
1155 21st St., NW, Washington,
DC, 9th Floor Conference Room.
Sunshine Act Meeting
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY HOLDING THE MEETING:
SUMMARY:
PLACE:
STATUS:
Closed.
MATTERS TO BE CONSIDERED:
Surveillance
Matters.
CONTACT PERSON FOR MORE INFORMATION:
Jean A. Webb, 202–418–5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 99–31018 Filed 11–24–99; 12:13
pm]
BILLING CODE 6351–01–M
Commodity Futures Trading
Commission.
11:00 a.m., Thursday,
December 30, 1999.
TIME AND DATE:
1155 21st St., N.W., Washington,
D.C., 9th Floor Conference Room.
PLACE:
STATUS:
Closed.
MATTERS TO BE CONSIDERED:
Matters.
Surveillance
AGENCY:
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. Published
below is a provisionally-accepted
Settlement Agreement with Black &
Decker (U.S.), Inc., a corporation,
containing a civil penalty of $575,000.
DATES: Any interested person may ask
the Commission not to accept this
66614
Federal Register / Vol. 64, No. 228 / Monday, November 29, 1999 / Notices
agreement or otherwise comment on its
contents by filing a written request with
the Office of the Secretary by December
14, 1999.
ADDRESSES: Persons wishing to
comment on this Settlement Agreement
should send written comments to the
Comment 00–C0001, Office of the
Secretary, Consumer Product Safety
Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT:
William J. Moore, Trial Attorney, Office
of Compliance and Enforcement,
Consumer Product Safety Commission,
Washington, DC 20207; telephone (301)
504–0626, 1382.
SUPPLEMENTARY INFORMATION: The text of
the Agreement and Order appears
below.
Dated: November 23, 1999.
Sadye E. Dunn,
Secretary.
Settlement Agreement and Order
1. Black and Decker (U.S.), Inc.,
(‘‘Black & Decker’’), a corporation,
enters into this Settlement Agreement
and Order with the staff (‘‘the staff’’) of
the U.S. Consumer Product Safety
Commission (‘‘the Commission’’) in
accordance with 16 CFR 1118.20 of the
Commission’s Procedures for
Investigations, Inspections, and Inquires
under the Consumer Product Safety Act
(‘‘CPSA’’).
I. The Parties
2. The Commission is an independent
federal regulatory agency responsible for
the enforcement of the Consumer
Product Safety Act, 15 U.S.C. 2051–
2084.
3. Black & Decker is a corporation
organized and existing under the laws of
the State of Maryland. Its principal
offices are located at 701 East Joppa
Road, Baltimore, Maryland.
II. Staff Allegations
The Staff Alleges the Following
4. Between February 1994 and
January 1995, Black & Decker
manufactured, distributed and sold in
the United States a toaster, designed to
be affixed to the underside of a cabinet,
known as the Spacemaker Optima
Model T1000 Type 1, (‘‘Spacemaker
Toaster Type 1,’’ or ‘‘the Toaster’’).
Black & Decker is, therefore, a
manufacturer, distributor and retailer of
a consumer product in U.S. commerce
pursuant to 15 U.S.C. 2052(a)(1), (4), (5)
and (6).
5. The Spacemaker Toaster Type 1 has
a glass door on its front side. Bread and
other food products are inserted into the
toaster horizontally onto a rack.
6. When the toasting cycle is
complete, the glass door on the front of
the Spacemaker Type 1 toaster opens
automatically and the Toaster rack
containing the food product moves
forward about one and one-half (11⁄2)
inches.
7. Food fires have begun in the
Spacemaker Toaster Type 1, sometimes
when a food item is re-toasted. When
food fires were underway, the door
automatically opened, the food rack
moved forward, and the newly available
oxygen promoted continued burning.
Flames from the fire can and did escape
the Toaster and contacted the cabinet(s)
above, exposing the contents and other
nearby materials to fire.
8. Soon after Black & Decker began
distributing the Spacemaker toaster
Type 1 in 1994, it received consumer
complaints of fires in its product. By
January 1995, Black & Decker had
evaluated the Spacemaker toaster Type
1 and redesigned it so the front door
would no longer open automatically.
Black & Decker also stopped making the
Spacemaker Toaster Type 1 and
prepared to manufacture the newly
designed Spacemaker Toaster Type 2.
9. In April 1995, Black & Decker
purported to file a ‘‘full report’’ with the
Commission staff pursuant to 16 CFR
part 1115. The company reported that it
was aware of seventy-three (73)
incidents of fire in the toaster. The staff
requested copies of these complaints
and accompanying documentation.
Black & Decker furnished other
information of the type required under
the reporting regulations in 16 CFR part
1115, but, unbeknownst to the staff,
Black & Decker omitted important
information and documents. By failing
to provide the information, Black &
Decker misled the staff and impeded its
investigation and analysis of the risk.
Black & Decker claimed consumer
complaints of fires had been destroyed,
when, in fact, they had not. Black &
Decker also failed to reveal the existence
of its engineering documents that
identified design defects with the
Spacemaker Toaster Type 1, identified
the fire risk it posed, and supported
redesigning the Type 1 Toaster with the
Spacemaker Toaster Type 2. In doing so,
Black & Decker failed to adequately
inform the staff under section 15(b) of
the CPSA, 15 U.S.C. 2064(b).
10. The information withheld or
otherwise not submitted by Black &
Decker contradicted the merits of Black
& Decker’s negotiation position and
needlessly disputed that the
Spacemaker Toaster Type 1 contained
defects, presented a substantial product
hazard, and should be the subject of a
consumer recall.
1. Black & Decker’s failure to provide
requested information forced the staff to
prepare to litigate; and to engage
unnecessarily in expensive and timeconsuming testing.
12. On October 29, 1997, the staff
filed an administrative Complaint
alleging that the Spacemaker Toaster
Type 1 contained defects which created
a substantial product hazard to the
public. The case was settled on April
22, 1998 when the Commission
accepted a corrective action plan for
consumers crafted by the parties.
13. Black & Decker obtained
information which reasonably
supported the conclusion that the
Spacemaker Toaster Type 1 contained
defects which could create a substantial
product hazard but failed to report to
the Commission in a timely manner as
required by § 15(b) of the CPSA, 15
U.S.C. 2064(b). Nor did Black & Decker
adequately inform the Commission as
required by section 15(b) of the CPSA
and 16 CFR part 1115.
III. Response of Black & Decker
14. Black & Decker denies the
allegations of the staff, set forth in
paragraphs 4 through 13 above, that the
Spacemaker Toaster Type 1 contains
any defect which could create a
substantial product hazard pursuant to
section 15(a) of the CPSA, 15 U.S.C.
2064(a), and further denies that it
violated the reporting requirements of
section 15(b) of the CPSA, 15 U.S.C.
2064(b) or 16 CFR part 115. This
payment is made in settlement of the
staff allegations. Neither the payment
nor the fact of entering into this
Settlement Agreement constitute
evidence of or an admission of, any
fault, liability or statutory or regulatory
violation by Black & Decker, or of the
truth of nay allegations made by the
staff.
IV. Agreement of The Parties
15. The Commission has jurisdiction
over this matter under the Consumer
Product Safety Act (CPSA), 15 U.S.C.
2051 et seq.
16. This Settlement Agreement and
Order is a compromise resolution of the
matter described above, and the parties
enter this Agreement solely for the
purposes of settlement. Compliance by
Black & Decker with this Settlement
Agreement and Order resolves the
allegations of violations of section 15(b)
of the CPSC regarding the Spacemaker
Toaster Type 1.
17. Black & Decker knowingly,
voluntarily and completely waives any
rights it may have (1) to the issuance of
a Complaint in this matter, (2) to
administrative or judicial hearing with
Federal Register / Vol. 64, No. 228 / Monday, November 29, 1999 / Notices
respect to the staff allegations cited
herein, (3) to judicial review or other
challenge or contest of the validity of
the Commission’s Order, (4) 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 (5) to a statement of
findings of fact and conclusions of law
with regard to the staff allegations.
18. The Commission has not, and
does not, by virtue of this Settlement
Agreement and Order, make any
determination that the Spacemaker
Toaster Type 1 contains a defect which
creates or could create a substantial
product hazard or creates an
unreasonable risk of serious injury or
death; or that Black & Decker knowingly
violated the reporting provisions of
section 15(b) of the CPSA, 15 U.S.C.
2064(b) or 16 CFR part 1115.
19. Upon provisional acceptance of
this Settlement Agreement and Order by
the Commission, this Settlement
Agreement and Order shall be placed on
the public record and shall be published
in the Federal Register in accordance
with 16 CFR 1118.20.
20. The Settlement Agreement and
Order becomes effective upon final
acceptance by the Commission and its
service upon Black & Decker. Black &
Decker shall pay a civil penalty in the
amount of five hundred seventy-five
thousand and no/dollars ($575,000.00)
within 10 calendar days of receiving
service of such final Settlement
Agreement and order.
21. for purposes of section 6(b) of the
CPSA, 15 U.S.C. 2055(b), upon final
acceptance by the commission, this
matter shall be treated as if a Complaint
had issued, and the Commission may
publicize the terms of the Settlement
Agreement and Order.
22. Black & Decker agrees to entry of
the attached Order, which is
incorporated herein by reference, and
agrees to be bound by its terms.
23. This Settlement Agreement is
binding upon Black & Decker and the
assigns or successors of Black & Decker.
24. Agreements, understandings,
representations, or interpretations made
outside this Settlement Agreement and
Order may not be used to vary or to
contradict its terms.
Dated: October 27, 1999.
Black & Decker (U.S.), Inc.
James R. O’Brien,
Product Liability Counsel.
Dated: November 19, 1999.
Consumer Product Safety Commission.
Alan H. Schoem,
Assistant Executive Director, Office of
Compliance.
Eric L. Stone,
Director, Legal Division, Office of
Compliance.
William J. Moore, Jr.,
Attorney, Legal Division, Office of
Compliance.
Deborah J. Lewis,
Attorney, Legal Division, Office of
Compliance.
Order
Upon consideration of the Settlement
Agreement entered into between Black
& Decker (U.S.), Inc., a corporation, and
the staff of the consumer Product Safety
Commission; and the Commission
having jurisdiction over the subject
matter and Black & Decker (U.S.), Inc.,
and it appearing that the Settlement
Agreement and Order is in the public
interest, it is
Ordered, that the Settlement
Agreement be, and hereby is, accepted;
and it is
Further ordered, that, upon final
acceptance of the Settlement Agreement
and Order, Black & Decker (U.S.), Inc.
shall pay the commission a civil penalty
in the amount of FIVE HUNDRED
SEVENTY FIVE THOUSAND AND no/
100 dollars, ($575,000.00) within ten
(10) calendar days after service of this
Final Order upon the Black & Decker
(U.S.), Inc.
Provisionally accepted and
Provisional Order issued on the 23rd
day of November 1999.
By Order of the Commission.
Sadye E. Dunn,
Secretary, Consumer Product Safety
Commission.
[FR Doc. 99–30938 Filed 11–26–99; 8:45 am]
BILLING CODE 6355–01–M
DEPARTMENT OF EDUCATION
Submission for OMB Review;
Comment Request
Department of Education.
The Leader, Information
Management Group, Office of the Chief
Information Officer invites comments
on the submission for OMB review as
required by the Paperwork Reduction
Act of 1995.
DATES: Interested persons are invited to
submit comments on or before
December 29, 1999.
ADDRESSES: Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Danny Werfel, Desk Officer,
AGENCY:
SUMMARY:
66615
Department of Education, Office of
Management and Budget, 725 17th
Street, NW, Room 10235, New
Executive Office Building, Washington,
DC 20503 or should be electronically
mailed to the internet address
DWERFEL@OMB.EOP.GOV.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The Leader,
Information Management Group, Office
of the Chief Information Officer,
publishes that notice containing
proposed information collection
requests prior to submission of these
requests to OMB. Each proposed
information collection, grouped by
office, contains the following: (1) Type
of review requested, e.g. new, revision,
extension, existing or reinstatement; (2)
Title; (3) Summary of the collection; (4)
Description of the need for, and
proposed use of, the information; (5)
Respondents and frequency of
collection; and (6) Reporting and/or
Recordkeeping burden. OMB invites
public comment.
Dated: November 22, 1999.
William E. Burrow,
Leader, Information Management Group,
Office of the Chief Information Officer.
Office of Student Financial Assistance
Programs
Type of Review: Extension.
Title: Guaranty Agency Quarterly/
Annual Report.
Frequency: Monthly.
Affected Public: Not-for-profit
institutions; State; local or Tribal Gov’t,
SEAs or LEAs.
Reporting and Recordkeeping Burden:
Responses: 36.
Burden Hours: 9,000.
Abstract: The Guaranty Agency
Quarterly/Annual Report is submitted
by 36 agencies operating a student loan
insurance program under agreement
with the Department of Education.
These reports are used to evaluate
agency operations, make payments to
agencies as authorized by law, and to
make reports to Congress. Form 1130
has been significantly altered due to the
results of Congressional
Reauthorization.
