Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Rules and Regulations 53955

with access to press conferences held

outside of the United States, to meetings

with issuer or selling security holder

representatives conducted outside of the

United States, or to written press-related

materials released outside the United

States, at or in which a present or

proposed offering of securities is

discussed, will not be deemed ‘‘directed

selling efforts’’ if the requirements of

§ 230.135e are satisfied.

* * * * *

PART 240—GENERAL RULES AND

REGULATIONS, SECURITIES

EXCHANGE ACT OF 1934

7. The authority citation for part 240

continues to read in part as follows:

Authority: 15 U.S.C. 77c, 77d, 77g, 77j,

77s, 77z–2, 77eee, 77ggg, 77nnn, 77sss, 77ttt,

78c, 78d, 78f, 78i, 78j, 78k, 78k–1, 78l, 78m,

78n, 78o, 78p, 78q, 78s, 78u–5, 78w, 78x,

78ll(d), 79q, 79t, 80a–20, 80a–23, 80a–29,

80a–37, 80b–3, 80b–4 and 80b–11, unless

otherwise noted.

* * * * *

8. By amending § 240.14d–1 by

redesignating paragraphs (c) and (d) as

paragraphs (e) and (f), and adding

paragraphs (c) and (d) to read as follows:

§ 240.14d–1 Scope of and definitions

applicable to regulations 14D and 14E.

* * * * *

(c) Notwithstanding paragraph (a) of

this section, the requirements imposed

by sections 14(d)(1) through 14(d)(7) of

the Act [15 U.S.C. 78n(d)(1) through

78n(d)(7)], Regulation 14D promulgated

thereunder (§§ 240.14d–1 through

240.14d–10), and §§ 240.14e–1 and

240.14e–2 shall not apply by virtue of

the fact that a bidder for the securities

of a foreign private issuer, as defined in

§ 240.3b–4, the subject company of such

a tender offer, their representatives, or

any other person specified in § 240.14d–

9(d), provides any journalist with access

to its press conferences held outside of

the United States, to meetings with its

representatives conducted outside of the

United States, or to written press-related

materials released outside the United

States, at or in which a present or

proposed tender offer is discussed, if:

(1) Access is provided to both U.S.

and foreign journalists; and

(2) With respect to any written pressrelated materials released by the bidder

or its representatives that discuss a

present or proposed tender offer for

equity securities registered under

Section 12 of the Act [15 U.S.C. 78l], the

written press-related materials must

state that these written press-related

materials are not an extension of a

tender offer in the United States for a

class of equity securities of the subject

company. If the bidder intends to

extend the tender offer in the United

States at some future time, a statement

regarding this intention, and that the

procedural and filing requirements of

the Williams Act will be satisfied at that

time, also must be included in these

written press-related materials. No

means to tender securities, or coupons

that could be returned to indicate

interest in the tender offer, may be

provided as part of, or attached to, these

written press-related materials.

(d) For the purpose of § 240.14d–1(c),

a bidder may presume that a target

company qualifies as a foreign private

issuer if the target company is a foreign

issuer and files registration statements

or reports on the disclosure forms

specifically designated for foreign

private issuers, claims the exemption

from registration under the Act pursuant

to § 240.12g3–2(b), or is not reporting in

the United States.

* * * * *

Dated: October 10, 1997.

By the Commission.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 97–27523 Filed 10–16–97; 8:45 am]

BILLING CODE 8010–01–P

DEPARTMENT OF LABOR

Employment Standards Administration

20 CFR Part 702

RIN 1215–AB17

Longshore Act Civil Money Penalties

Adjustment

AGENCY: Office of Workers’

Compensation Program, Employment

Standards Administration, Labor.

ACTION: Final rule.

SUMMARY: On July 2, 1997, the

Department of Labor published a

proposal to amend various provisions of

the regulations implementing the

Longshore and Harbor Workers’

Compensation Act (LHWCA). More

specifically, the amendments, which are

now being published in final with only

minor word changes in §§ 702.204 and

702.236, will increase the maximum

civil penalties that may be assessed

under the LHWCA as required by the

Federal Civil Penalties Inflation

Adjustment Act of 1990 (FCPIAA), as

amended by the Debt Collection

Improvement Act of 1996 (DCIA).

EFFECTIVE DATE: The rule is effective on

November 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Joseph F. Olimpio, Director for

Longshore and Harbor Workers’

Compensation, Employment Standards

Administration, Room C–4315, Frances

Perkins Building, 200 Constitution

Avenue, NW., Washington, DC 20210;

Telephone (202) 219–8721.

SUPPLEMENTARY INFORMATION: The

LHWCA authorizes the assessment of a

civil money penalty in three situations:

(1) Where an employer fails to file a

report within sixteen days of the final

payment of compensation, it shall be

assessed a $100.00 civil penalty

(LHWCA, section 14(g)); (2) where an

employer, insurance carrier, or selfinsured employer knowingly and

willfully fails to file any report required

by section 30, or knowingly or willfully

makes a false statement or

misrepresentation in any required

report, the employer, insurance carrier,

or self-insured employer shall be

assessed a civil penalty not to exceed

$10,000.00 (LHWCA, section 30(e)); and

(3) where an employer is found to have

discriminated against an employee

because the employee had claimed or

attempted to claim compensation, or has

testified or is about to testify in

proceedings under the LHWCA, the

employer shall be liable for a civil

penalty of not less than $1,000.00 or

more than $5,000.00 (LHWCA, section

49). The DCIA, amending the FCPIAA,

requires each agency to issue

regulations adjusting the amount of civil

money penalties they may levy. The

DCIA requires that the civil money

penalties be adjusted by a cost-of-living

increase equal to the percentage, if any,

by which the Department of Labor’s

Consumer Price Index for all-urban

customers (CPI) for June of the calendar

year preceding the adjustment exceeds

the June CPI for the calendar year in

which the civil penalty amount was last

set or adjusted. Due to inflation since

the LHWCA civil money penalties were

last set or adjusted, the increase will, in

every case, be the maximum 10%

initially permitted under the DCIA. The

adjusted civil penalties will apply only

to violations occurring after the

regulations become effective.

The Department did not receive any

comments concerning the substance of

its proposal. It did, however, receive a

letter from the Chief Counsel of the

Office of Advocacy at the Small

Business Administration requesting

clarification on whether the expected

increase in the amount to be collected

under the revised regulations is

$2,500.00 in the aggregate, or $2,500.00

per case. Under the revised rules, the

Department expects to collect an

additional $2,500.00 for all cases in
53956 Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Rules and Regulations

which civil money penalties are

assessed. This estimate is based on an

analysis of the penalties collected in

1995 and 1996. During that period the

total civil penalties collected for all

cases was $50,000.00, or an average of

$25,000.00 for each year. Each year

penalties were collected from an average

of 206 cases, so that the average penalty

in each case was $121.36. Thus,

assuming the maximum 10 percent

increase is collected in each case under

the final rule, the average increase for

each individual case is estimated to be

$12.14.

Executive Order 12866

The Department has determined that

this regulatory action is not a

‘‘significant’’ rule within the meaning of

Executive Order 12866, because it is not

likely to result in: (1) An annual effect

on the economy of $100 million or

more, or an adverse and material effect

on a sector of the economy,

productivity, competition, jobs, the

environment, public health or safety, or

State, local or tribal governments or

communities; (2) the creation of a

serious inconsistency or interference

with an action taken or planned by

another agency; (3) a material alteration

in the budgetary impacts of entitlement,

grants, user fees, or loan programs or the

rights and obligations of recipients

thereof; or (4) the raising of novel legal

or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866.

Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601 et seq., requires each agency

to perform an initial regulatory

flexibility analysis for all proposed rules

unless the head of the agency certifies

that the rule will not, if promulgated,

have a significant economic impact on

a substantial number of small entities.

Small entities include small businesses,

organizations, and governmental

jurisdictions. This rule does no more

than mechanically increase certain

statutory civil money penalties to

account for inflation, pursuant to

specific directions set forth in the

FCPIAA, as amended. The statute

specifies the procedure for calculating

the adjusted civil money penalties and

does not allow the Department to vary

the calculation to minimize the effect on

small entities. Moreover, as noted

above, the total additional amount

collected from all projected cases will

not exceed $2,500.00. Therefore, the

Assistant Secretary hereby certifies that

the rule will not have a significant

impact on a substantial number of small

entities within the meaning of the

Regulatory Flexibility Act.

Unfunded Mandates Reform Act

For purposes of the Unfunded

Mandates Reform Act of 1985, as well

as E.O. 12875, this rules does not

include any federal mandate that may

result in increased expenditures by

State, local or tribal government, or

increased expenditures by the private

sector of more than $100 million.

Paperwork Reduction Act

The rule does not contain any

collection of information requirements.

Submission to Congress and the

General Accounting Office

In accordance with the Small

Business Regulatory Enforcement Act of

1996, the Department will submit to

each House of the Congress and to the

Comptroller General a report regarding

the issuance of today’s final rule prior

to the effective date set forth at the

outset of this notice. The report will

note that this rule does not constitute a

‘‘major rule’’ as defined by 5 U.S.C.

804(2).

List of Subjects in 20 CFR Part 702

Administrative practice and

procedure, Claims, Insurance,

Longshoremen, Vocational

rehabilitation, and Workers’

Compensation.

For the reasons set forth in the

preamble, part 702 of chapter VI of title

20, Code of Federal Regulations, is

amended as follows:

PART 702—ADMINISTRATION AND

PROCEDURE

1. The authority citation for part 702

is revised to read as follows:

Authority: 5 U.S.C. 301, 8171 et seq.,

Reorganization Plan No. 6 of 1950, 15 FR

3174, 3 CFR 1949–1953, Comp., p. 1004, 64

Stat. 1263; 28 U.S.C. 2461, 33 U.S.C. 930, 36

D.C. Code 501 et seq., 42 U.S.C. 1651 et seq.,

43 U.S.C. 1331; Secretary’s Order 5–96, 62 FR

107.

2. Section 702.204 is revised to read

as follows:

§ 702.204 Employer’s report; penalty for

failure to furnish and or falsifying.

Any employer, insurance carrier, or

self-insured employer who knowingly

and willfully fails or refuses to send any

report required by § 702.201, or who

knowingly or willfully makes a false

statement or misrepresentation in any

report, shall be subject to a civil penalty

not to exceed $10,000.00 for each such

failure, refusal, false statement, or

misrepresentation. Provided, however,

that for any violations occurring on or

after November 17, 1997 the maximum

civil penalty may not exceed

$11,000.00. The district director has the

authority and responsibility for

assessing a civil penalty under this

section.

3. Section 702.236 is revised to read

as follows:

§ 702.236 Penalty for failure to report

termination of payments.

Any employer failing to notify the

district director that the final payment

of compensation has been made as

required by § 702.235 shall be assessed

a civil penalty in the amount of $100.00.

Provided, however, that for any

violation occurring on or after

November 17, 1997 the civil penalty

will be $110.00. The district director has

the authority and responsibility for

assessing a civil penalty under this

section.

4. Paragraph (a) of § 702.271 is revised

to read as follows:

§ 702.271 Discrimination against

employees who bring proceedings,

prohibition and penalty.

(a)(1) No employer or its duly

authorized agent may discharge or in

any manner discriminate against an

employee as to his/her employment

because that employee: (i) Has claimed

or attempted to claim compensation

under this Act; or (ii) has testified or is

about to testify in a proceeding under

this Act. To discharge or refuse to

employ a person who has been

adjudicated to have filed a fraudulent

claim for compensation or otherwise

made a false statement or

misrepresentation under section 31(a)(1)

of the Act, 33 U.S.C. 931(a)(1), is not a

violation of this section.

(2) Any employer who violates this

section shall be liable to a penalty of not

less that $1,000.00 or more than

$5,000.00 to be paid (by the employer

alone, and not by a carrier) to the

district director for deposit in the

special fund described in section 44 of

the Act, 33 U.S.C. 944; and shall restore

the employee to his or her employment

along with all wages lost due to the

discrimination unless the employee has

ceased to be qualified to perform the

duties of employment. Provided

however, that for any violation

occurring on or after November 17, 1997

the employer shall be liable to a penalty

of not less than $1,100.00 or more than

$5,500.00.

* * * * *
Federal Register / Vol. 62, No. 201 / Friday, October 17, 1997 / Rules and Regulations 53957

Signed at Washington, D.C., this 14th day

of October 1997.

Bernard E. Anderson,

Assistant Secretary for Employment

Standards.

Shelby Hallmark,

Acting Director, Office of Workers’

Compensation Programs.

[FR Doc. 97–27593 Filed 10–16–97; 8:45 am]

BILLING CODE 4510–27–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 177

[Docket No. 93F–0111]

Indirect Food Additives: Polymers

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of Nylon 6/66 copolymers

as components of nonfood-contact

layers of multilayer food packaging used

at temperatures that do not exceed 212

°F. This action is in response to a

petition filed by Allied-Signal, Inc.

DATES: The regulation is effective

October 17, 1997; written objections and

requests for a hearing by November 17,

1997.

ADDRESS: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT: Vir

D. Anand, Center for Food Safety and

Applied Nutrition (HFS–215), Food and

Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3081.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

May 3, 1993 (58 FR 26325), FDA

announced that a food additive petition

(FAP 3B4369) had been filed by AlliedSignal, Inc., c/o 1100 G St. NW.,

Washington, DC 20001 (presently c/o

Keller and Heckman, 1001 G St. NW.,

suite 500 West, Washington, DC 20001).

The petition proposed to amend the

food additive regulations in § 177.1395

Laminate structures for use at

temperatures between 120 °F and 250 °F

(21 CFR 177.1395) to provide for the

safe use of Nylon 6/66 copolymers

complying with 21 CFR 177.1500(b),

item 4.2, as components of nonfoodcontact layers of multilayer food

packaging used at temperatures that do

not exceed 100 °C (212 °F).

In reviewing the environmental

assessment (EA), the agency found that

the petitioner’s proposed regulation was

much broader than the proposed use

covered in the EA. Whereas the analysis

in the EA considered only the use of

Nylon 6/66 copolymers in laminate

films, the petitioner proposed the use of

these copolymers in laminate structures,

which includes the use in laminate

films. In a subsequent communication

with the agency, the petitioner agreed

that the proposed regulation should be

narrowed to state specifically that the

intended use of Nylon 6/66 copolymers

is in laminate films. Therefore, this

regulation limits the use of these

copolymers to laminate films, which is

consistent with the proposed use

covered in the EA.

FDA has evaluated data in the

petition and other relevant material. The

agency concludes that the proposed use

of the additive is safe, that the additive

will have the intended technical effect,

and therefore, that the regulations in

§ 177.1395 should be amended as set

forth below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Food Safety

and Applied Nutrition by appointment

with the information contact person

listed above. As provided in § 171.1(h),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that the

action will not have a significant impact

on the human environment, and that an

environmental impact statement is not

required. The agency’s finding of no

significant impact and the evidence

supporting that finding, contained in an

environmental assessment, may be seen

in the Dockets Management Branch

(address above) between 9 a.m. and 4

p.m., Monday through Friday.

Any person who will be adversely

affected by this regulation may at any

time on or before November 17, 1997,

file with the Dockets Management

Branch (address above) written

objections thereto. Each objection shall

be separately numbered, and each

numbered objection shall specify with

particularity the provisions of the

regulation to which objection is made

and the grounds for the objection. Each

numbered objection on which a hearing

is requested shall specifically so state.

Failure to request a hearing for any

particular objection shall constitute a

waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

shall be submitted and shall be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.

List of Subjects in 21 CFR Part 177

Food additives, Food packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR part 177 is

amended as follows:

PART 177—INDIRECT FOOD

ADDITIVES: POLYMERS

1. The authority citation for 21 CFR

part 177 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 348, 379e.

2. Section 177.1395 is amended in the

table in paragraph (b)(4) by revising the

entry for ‘‘Nylon 6/66 resins complying

with § 177.1500(b), item 4.2 * * *’’ to

read as follows:

§ 177.1395 Laminate structures for use at

temperatures between 120 °F and 250 °F.

* * * * *

(b) * * *

(4) * * *