42908 Federal Register / Vol. 61, No. 161 / Monday, August 19, 1996 / Notices ruling and the date such dismissal or sprayer, making it appear that children proposed order, and it is not intended ruling is upheld on appeal. can operate the toy and complete multi- to constitute an official interpretation of part stencils with a small amount of the agreement and proposed order, or to VI pumping and little effort. modify any of their terms. It is further ordered that respondent The complaint also alleges that the Benjamin I. Berman, shall, within sixty (60) days after service advertisements for the Colorblaster Acting Secretary. of this Order, and at such other times as misrepresented that children can the Commission may require, file with operate the toy and complete multi-part [FR Doc. 96–21030 Filed 8–16–96; 8:45 am] the Commission a report, in writing, stencils with a small amount of BILLING CODE 6750±01±M setting forth in detail the manner and pumping and little effort. form in which it has complied with this The proposed consent order contains Order. provisions designed to remedy the violations charged and to prevent Grey DEPARTMENT OF HEALTH AND Analysis of Proposed Consent Order To from engaging in similar acts and HUMAN SERVICES Aid Public Comment practices in the future. The Federal Trade Commission has Part I.A. of the proposed order Centers for Disease Control and accepted an agreement, subject to final prohibits Grey from misrepresenting Prevention approval, to a proposed consent order that a demonstration, experiment, or test Grey Advertising, Inc. (‘‘Grey’’) in depicted in an advertisement proves, Release of Draft Findings of the connection with its advertising of the demonstrates, or confirms any material Fernald Dosimetry Reconstruction Colorblaster Design Toy (the quality, feature, or merit of any toy Project: Meeting ‘‘Colorblaster’’), manufactured by when it does not do so. Part I.A. Hasbro, Inc. In a related matter, the enumerates examples of such The National Center for Commission has also accepted, subject misrepresentations, including: Environmental Health (NCEH) of the to final approval, and separately placed 1. The undisclosed use or substitution Centers for Disease Control and on the public record, an agreement to a of a material mock-up or prop; Prevention (CDC) announces the proposed consent order from Grey 2. the undisclosed material alteration following meeting. involving claims made in advertising in a material characteristic of the Name: Release of Draft Findings of the created by Grey for Dannon Pure advertised toy or any other material Fernald Dosimetry Reconstruction Project. Indulgence frozen yogurts. prop or device depicted in the Times and Date: The proposed consent order has been advertisement; or 4:30 p.m.—5:30 p.m., August 22, 1996. placed on the public record for sixty 3. the undisclosed use of a visual 7:30 p.m.—8:30 p.m., August 22, 1996. (60) days for reception of comments by perspective or camera, film, audio, or Place: The Plantation, 9660 Dry Fork Road, interested persons. Comments received video technique; Harrison, Ohio 45020, telephone 513/367– during this period will become part of that, in the context of the advertisement 5610. the public record. After sixty days, the as a whole, materially misrepresents a Status: Open to the public for observation, Commission will again review the material characteristic of the advertised limited only by the space available. The agreement and the comments received toy or any other material aspect of the meeting room accommodates approximately and will decide whether it should demonstration or depiction. 300 people. withdraw from the agreement or make Part I.A. does not preclude the use of Matters to be Discussed final the agreement’s proposed order. fantasy segments or prototypes which According to the complaint, the use is otherwise not deceptive. Part I.A. The Centers for Disease Control and Colorblaster is a spray painting toy provides Grey with a defense liability if Prevention (CDC), National Center for consisting of a plastic drawing tray with it neither knew nor had reason to know Environmental Health (NCEH), and its an oblong plastic air tank underneath. that a demonstration, experiment or test contractor, the Radiological An attached handle is used to pump up did not prove, demonstrate or confirm a Assessments Corporation, will release pressure inside the air tank. Special representation. the draft findings of the Fernald color pens are inserted into a sprayer Part I.B prohibits Grey from Dosimetry Reconstruction Project. The connected to a hose attached to the air misrepresenting any performance draft final report provides dose and risk tank. The enclosed instructions state: characteristic of the Colorblaster Design estimates for radiation releases in the ‘‘Fully extend handle and pump it Toy or any other toy. area surrounding the Department of quickly 50 strokes * * * The more you The proposed order also requires Grey Energy’s Fernald uranium production pump, the more you spray.’’ to maintain certain materials relating to facility (formerly the Feed Materials The complaint alleges that television advertisements covered by the order, to Production Center [FMPC]) during advertisements for the Colorblaster distribute copies of the order to its operations from 1951–1988. This represented that the demonstrations of operating divisions and certain meeting will be held in two sessions as the toy were unaltered and the results company officials, to notify the indicated. shown accurately represent the Commission of any changes in corporate performance of actual, unaltered toys structure that might affect compliance Agenda items may change as under the depicted conditions. This with the order, and to file one or more priorities dictate. representation is alleged to be false and reports detailing compliance with the Contact Person for More Information misleading. According to the complaint, order. The order also contains a the Colorblaster depicted in the provision stating that it will terminate Steven A. Adams, Radiation Studies advertisements was not manually after twenty (20) years absent the filing Branch, Division of Environmental pumped to provide the air pressure in federal court, by either the United Hazards and Health Effects, NCEH, CDC, necessary to operate the paint sprayer. States or the FTC, of a complaint against 4770 Buford Highway, NE, Mailstop F– Instead, a motorized air compressor was Grey alleging a violation of the order. 35, Atlanta, Georgia 30341–3724, attached to the toy to provide the air The purpose of this analysis is to telephone 770/448–7040, FAX 770/488– pressure necessary to operate the paint facilitate public comment on the 7044. Federal Register / Vol. 61, No. 161 / Monday, August 19, 1996 / Notices 42909

Dated: August 13, 1996. and disease registries, health education, CPG. These actions are being taken to Nancy C. Hirsch, substance-specific applied research, ensure that FDA’s CPG’s accurately Acting Director, Management Analysis and emergency response, and preparation of reflect current agency views on Services Office, Centers for Disease Control toxicological profiles. compliance policy. and Prevention (CDC). Purpose DATES: Written comments may be [FR Doc. 96–21035 Filed 8–16–96; 8:45 am] submitted at any time. This subcommittee is charged with BILLING CODE 4163±18±M ADDRESSES: Submit written requests for providing advice and recommendations single copies of CPG Sec. 540.750 to the Director, CDC, and the ‘‘Common or Usual Names for Seafood Administrator, ATSDR, regarding Citizens Advisory Committee on Public In Interstate Commerce’’ (CPG 7108.26) community, American Indian Tribes, Health Service Activities and Research to the Director, Division of Enforcement and labor concerns pertaining to CDC’s at Department of Energy (DOE) Sites: Policy (HFC–230), Office of and ATSDR’s public health activities Fernald Health Effects Subcommittee Enforcement, Food and Drug and research at respective DOE sites. Administration, 5600 Fishers Lane, In accordance with section 10(a)(2) of The purpose of this meeting is to Rockville, MD 20857. Send a self- the Federal Advisory Committee Act provide a forum for community, and addressed adhesive label to assist that (Pub. L. 92–463), the Agency for Toxic labor interaction and serve as a vehicle office in processing your requests. Substances and Disease Registry for community concern to be expressed Submit written comments on CPG (ATSDR) and the Centers for Disease as advice and recommendations to CDC 7108.26 to the Dockets Management Control and Prevention (CDC) announce and ATSDR. the following meeting. Branch (HFA–305), Food and Drug Matters To Be Discussed Administration, 12420 Parklawn Dr., Name: Citizens Advisory Committee on Public Health Service Activities and Agenda items include: presentations rm. 1–23, Rockville, MD 20857. Research at DOE Sites: Fernald Health Effects from the National Center for Requests and comments should be Subcommittee. Environmental Health (NCEH) on identified with the docket number Times and Dates: current activities; and from the National found in brackets in the heading of this 9 a.m.–4:45 p.m., September 4, 1996. Institute for Occupational Safety and document. A copy of CPG Sec. 540.100 9 a.m.–5 p.m., September 5, 1996. Health and ATSDR on the progress of ‘‘Capelin; Prohibited From Being Place: Sheraton Springdale Hotel, 11911 Labeled as Smelt’’ (CPG 7108.22), CPG Sheraton Lane, Springdale, Ohio 45246, current studies. Agenda items are subject to change as Sec. 540.300 ‘‘Crabmeat—Product telephone 513/671–6600, FAX 513/671– Name’’ (CPG 7108.04), and CPG Sec. 0507. priorities dictate. 540.350 ‘‘Common or Usual Names for Status: Open to the public, limited only by Contact Persons for More Information the space available. The meeting room Crustaceans’’ (CPG 7108.23) and accommodates approximately 50 people. Steven A. Adams, or Nadine received comments are available for Dickerson, Radiation Studies Branch, public examination in the Dockets Background Division of Environmental Hazards and Management Branch between 9 a.m. and Under a Memorandum of Health, NCEH, CDC, 4770 Buford 4 p.m., Monday through Friday. Understanding (MOU) signed in Highway, NE, (F–35), Atlanta, Georgia FOR FURTHER INFORMATION CONTACT: December 1990 with DOE, the 30341–3724, telephone 770/488–7040, Spring C. Randolph, Center for Food Department of Health and Human FAX 770/488–7044. Safety and Applied Nutrition (HFS– Services (HHS) has been given the Dated: August 13, 1996. 416), Food and Drug Administration, responsibility and resources for Nancy C. Hirsch, 200 C St. SW., Washington, DC 20204. conducting analytic epidemiologic SUPPLEMENTARY INFORMATION: FDA is Acting Director, Management Analysis and investigations of residents of Services Office, Centers for Disease Control revoking three of its CPG’s that address communities in the vicinity of DOE and Prevention (CDC). the labeling of seafood because they facilities, workers at DOE facilities, and [FR Doc. 96–21036 Filed 8–16–96; 8:45 am] have been superseded by more other persons potentially exposed to comprehensive guidance provided by BILLING CODE 4163±18±M radiation or to potential hazards from the ‘‘Seafood List.’’ The following three non-nuclear energy production use. compliance policy guides are being HHS delegated program responsibility Food and Drug Administration revoked: (1) CPG Sec. 540.100 ‘‘Capelin; to CDC. Prohibited From Being Labeled as In addition, an MOU was signed in [Docket No. 96D±0267] Smelt’’ (CPG 7108.22); (2) CPG Sec. October 1990 and renewed in November Compliance Policy Guides; Revocation 540.300 ‘‘Crabmeat—Product Name’’ 1992 between ATSDR and DOE. The and Availability (CPG 7108.04); and (3) CPG Sec. 540.350 MOU delineates the responsibilities and ‘‘Common or Usual Names for procedures for ATSDR’s public health AGENCY: Food and Drug Administration, Crustaceans’’ (CPG 7108.23). The above activities at DOE sites required under HHS. CPG’s are superseded by FDA’s sections 104, 105, 107, and 120 of the ACTION: Notice. ‘‘Seafood List.’’ The ‘‘Seafood List’’ Comprehensive Environmental includes more accurate and Response, Compensation, and Liability SUMMARY: The Food and Drug comprehensive guidance than that Act (CERCLA or ‘‘Superfund’’). These Administration (FDA) is announcing the contained in these CPG’s. activities include health consultations revocation of three compliance policy Developed in recognition of the need and public health assessments at DOE guides (CPG’s) because they are for a single source of recommended sites listed on, or proposed for, the outdated and have been superseded by market names for an expanding variety Superfund National Priorities List and the more comprehensive seafood of seafood, the ‘‘Seafood List’’ is a at sites that are the subject of petitions nomenclature guidance contained in revision of the ‘‘FDA Guide to from the public; and other health- FDA’s ‘‘Seafood List.’’ To reflect its Acceptable Market Names for Food Fish related activities such as epidemiologic reliance on the ‘‘Seafood List,’’ FDA also Sold in Interstate Commerce’’ studies, health surveillance, exposure is announcing the availability of a new (sometimes referred to as the ‘‘Fish