It seems to me that, at times, critics of Commission recommendations tend to take lightly the considerations embodied in 39 USC 3622(b)(3) and (6). 
Some of the critics do not take the considerations into account.
The Commission made no recommendations in the USC.
A construction worker is working
One of the two men has a pair of binoculars.
Two men aren't near a forest.
A man pours his drink out onto the floor of a bowling alley.
Three workers in camouflage clothing are working in the woods.
It is possible for you to predict.