7786 Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Notices

Under Part IX, the order terminates 20

years from the date of issuance, except

under certain specified conditions.

The purpose of this analysis is to

facilitate public comment on the

proposed order. It is not intended to

constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

Donald S. Clark,

Secretary.

[FR Doc. 97–4145 Filed 2–19–97; 8:45 am]

BILLING CODE 6750–01–M

[File No. 962–3118]

Zale Corporation; Analysis to Aid

Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: In settlement of alleged

violation of federal law prohibiting

unfair or deceptive acts or practices and

unfair methods of competition, this

consent agreement, accepted subject to

final Commission approval, would

require, among other things, the Irving,

Texas-based jewelry retailer to disclose,

clearly and prominently, the nature of

the pearl jewelry it sells and would

mandate that company stores display

consumer information about the

definition of natural, cultured, imitation

pearls. The complaint accompanying

the consent agreement alleges that Zale

deceptively advertised its ‘‘Ocean

Treasures’’ line of limitation pearl

jewelry as composed of cultured pearls.

DATES: Comments must be received on

or before April 21, 1997.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 6th St. and Pa. Ave., N.W.,

Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:

Jeffrey Klurfeld, Federal Trade

Commission, San Francisco Regional

Office, 901 Market Street, Suite 570, San

Francisco, CA 94103. (415) 356–5275.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46, and Section 2.34 of the

Commission’s Rules of Practice (16 CFR

2.34), notice is hereby given that the

above-captioned consent agreement

containing a consent order to cease and

desist, having been filed with and

accepted, subject to final approval, by

the Commission, has been placed on the

public record for a period of sixty (60)

days. The following Analysis to Aid

Public Comment describes the terms of

the consent agreement, and the

allegations in the accompanying

complaint. An electronic copy of the

full text of the consent agreement

package can be obtained from the

Commission Actions section of the FTC

Home Page (for February 10, 1997), on

the world Wide Web, at ‘‘http://

www.ftc.gov/os/actions/htm.’’ A paper

copy can be obtained from the FTC

Public Reference Room, Room H–130,

Sixth Street and Pennsylvania Avenue,

N.W., Washington, D.C. 20580, either in

person or by calling (202) 326–3627.

Public comment is invited. Such

comments or views will be considered

by the Commission and will be available

for inspection and copying at its

principal office in accordance with

Section 4.9(b)(6)(ii) of the Commission’s

Rules of Practice (16 CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order to

Aid Public Comment

The Federal Trade Commission has

accepted an agreement, subject to final

approval, to a proposed consent order

from Zale Corporation, (hereinafter

‘‘Zale’’). Zale is the largest retailer of

fine jewelry products in the United

States.

The proposed consent order has been

placed on the public record for sixty

(60) days for the reception of comments

by interested persons. Comments

received during this period will become

part of the public record. After sixty (60)

days, the Commission will again review

the agreement and any comments

received and will decide whether it

should withdraw from the agreement

and take other appropriate action or

make final the agreement’s proposed

order.

The proposed complaint alleges

violations of Section 5 of the Federal

Trade Commission Act. This matter

focused on Zale’s advertisements for the

‘‘Ocean Treasures’’ line of imitation

pearl jewelry. The advertisements

depicted Ocean Treasures earrings,

necklaces, rings and pendants, and

described them as follows: ‘‘Ocean

Treasures Fine Jewelry. Created by

nature, enhanced by man.’’ The

advertisements also included the

following statement: ‘‘Zales. The

Diamond, semi-precious and pearl

store.’’ The proposed complaint alleges

that, through these depictions and

statements, Zale violated Section 5 of

the Federal Trade Commission Act by

falsely claiming that the Ocean

Treasures line of jewelry is composed of

cultured pearls.

The Federal Trade Commission

recently revised its Guides for the

Jewelry, Precious Metals, and Pewter

Industries, 16 C.F.R. Part 23, 61 F.R.

27212 (May 30, 1996) (the ‘‘Jewelry

Guides’’). The previous version of the

Guides as well as the revised Guides

address various advertising practices in

the jewelry industry, including those

employed by Zale. See, e.g., § 23.2

(Misleading Illustrations); § 23.20

(Misuse of terms such as ‘‘cultured

pearl,’’ ‘‘seed pearl,’’ ‘‘Oriental pearl,’’

‘‘natura,’’ ‘‘kultured,’’ ‘‘real,’’ ‘‘gem,’’

‘‘synthetic,’’ and regional designations);

§ 23.19 (Misuse of the word ‘‘pearl’’);

and § 23.18 (Definitions of various

pearls). These industry guides are

administrative interpretations of laws

administered by the Commission for the

guidance of the public in conducting its

affairs in conformity with legal

requirements. While the Guides are

referenced in the complaint, they do not

create a separate cause of action.

Part I of the proposed order would

require that Zale not represent that

imitation pearls are cultured pearls. Part

II would prevent Zale from representing

that imitation pearl jewelry is or

contains one or more pearls unless Zale

designates the jewelry as ‘‘artificial,’’

‘‘imitation,’’ ‘‘simulated,’’ or by some

other word or phrase of like meaning.

Part III would prevent Zale from

representing that cultured pearl jewelry

is or contains one or more pearls unless

Zale designates the jewelry as

‘‘cultured’’ or ‘‘cultivated,’’ or by some

other word or phrase of like meaning.

Part IV would prohibit the company

from misrepresenting the composition

or origin of any jewelry product

composed partially or entirely of natural

pearls, cultured pearls, or imitation

pearls.

Part V of the proposed order would

require Zale, for a period of three years,

to make available, at each of its stores

that sells natural, cultured or imitation

pearls, a brief fact sheet entitled ‘‘Your

Guide to Pearls.’’ This fact sheet briefly

defines the differences among the three

general categories of pearls.

The proposed order also would

require Zale to maintain materials

related to its advertising of pearl,

cultured pearl, and imitation pearl

jewelry. The proposed order would also

require Zale to provide a copy of the

consent agreement to all employees or

representatives with duties affecting

compliance with the terms of the order;

to notify the Commission of any changes

in corporate structure that might affect

compliance with the order; and to file

one or more reports detailing

compliance with the order.

The purpose of this analysis is to

facilitate public comment on the

proposed order, and it is not intended

to constitute an official interpretation of
Federal Register / Vol. 62, No. 34 / Thursday, February 20, 1997 / Notices 7787

the agreement and proposed order, or to

modify in any way their terms.

Donald S. Clark,

Secretary.

[FR Doc. 97–4146 Filed 2–19–97; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Office of the Secretary; Findings of

Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

SUMMARY: Notice is hereby given that

the Office of Research Integrity (ORI)

has made a final finding of scientific

misconduct in the following case:

James B. Boone, Jr., Ph.D., University

of Missouri-Columbia: Based upon an

investigation conducted by the

University of Missouri-Columbia,

information obtained by the Office of

Research Integrity (ORI) during its

oversight review, and Dr. Boone’s own

admission, ORI found that Dr. Boone,

former Research Assistant Professor,

Department of Veterinary Biomedical

Sciences at the University of MissouriColumbia, engaged in scientific

misconduct by fabricating and falsifying

data in biomedical research supported

by a grant from the National Heart,

Lung, and Blood Institute (NHLBI),

National Institutes of Health (NIH).

Specifically, Dr. Boone fabricated the

weights of individual, isolated muscles

that, in fact, had not been separated by

dissection, and falsely presented

unrelated gamma counter results as

having been obtained from the same

individual muscles. He presented these

data to his laboratory director as the

results from two experiments that Dr.

Boone admitted he did not complete.

Dr. Boone committed additional

falsifications in conducting research,

including presenting: (1) A computer

spread sheet that used the above

described sets of the fabricated primary

data of muscle weights and the falsified

gamma counter results to generate false

computations of blood flow in separate

muscles; (2) A computer spread sheet

for the statistical computations of the

data from the two sets of fabricated and

falsified reduced data; and (3) A

histogram derived from the falsified

reduced data that showed significant

differences in some of the fabricated

experimental measurements on

individual muscles.

Dr. Boone has accepted the ORI

finding and has entered into a Voluntary

Exclusion Agreement with ORI in which

he has voluntarily agreed, for the three

(3) year period beginning February 10,

1997:

(1) To exclude himself from serving in

any advisory capacity to the Public

Health Service (PHS), including but not

limited to service on any PHS advisory

committee, board, and/or peer review

committee, or as a consultant; and

(2) That any institution that submits

an application for PHS support for a

research project on which the

respondent’s participation is proposed

or which uses the respondent in any

capacity on PHS supported research

must concurrently submit a plan for

supervision of his duties. The

supervisory plan must be designed to

ensure the scientific integrity of the

respondent’s research contribution. The

institution must submit a copy of the

supervisory plan to ORI.

No scientific publications were

required to be corrected as part of this

Agreement.

FOR FURTHER INFORMATION CONTACT:

Acting Director, Division of Research

Investigations Office of Research

Integrity, 5515 Security Lane, Suite 700,

Rockville, MD 20852, (301) 443–5330.

Chris B. Pascal,

Acting Director, Office of Research Integrity.

[FR Doc. 97–4081 Filed 2–19–97; 8:45 am]

BILLING CODE 4160–17–P

Centers for Disease Control and

Prevention

State Childhood Lead Poisoning

Prevention Grantees Meeting

The National Center for

Environmental Health (NCEH) of the

Centers for Disease Control and

Prevention (CDC) announces the

following meeting.

NAME: Meeting of State Childhood Lead

Poisoning Prevention Grantees.

TIMES AND DATES: 12 p.m.–4:10 p.m.,

February 24, 1997. 8:30 a.m.–5:30 p.m.,

February 25, 1997. 8 a.m.–5:10 p.m.,

February 26, 1997. 8:30 a.m.–11:40 a.m.,

February 27, 1997.

PLACE: Holiday Inn Select-AtlantaDecatur Hotel and Conference Plaza,

130 Clairemont Avenue, Decatur,

Georgia 30030, telephone 404/371–

0204.

STATUS: Open to the public, limited only

by space available. The meeting room

accommodates approximately 80

people.

PURPOSE: This meeting will provide a

forum for childhood lead poisoning

prevention coordinators and data

administrators to review program

progress and discuss prevention issues

and concerns. Persons wishing to make

written or oral comments at the meeting

should notify the contact person listed

below, in writing or by phone, no later

than close of business February 21,

1997.

Requests to make oral comments

should contain the name, address,

telephone number, and organizational

affiliation of the presenter. Depending

on the time available and the number of

requests to make oral comments, it may

be necessary to limit the time of each

presenter.

MATTERS TO BE DISCUSSED: Topics to be

discussed at this meeting include CDC’s

proposed revised screening guidelines,

establishment of a data system to

implement screening guidance, and data

recommendations. There will be

information presented regarding

computer programming and how it

relates to data analysis and using data

to make decisions. Agenda items are

subject to change as priorities dictate.

CONTACT PERSON FOR MORE INFORMATION:

Claudette Grant, Lead Poisoning

Prevention Branch, Division of

Environmental Hazards and Health

Effects, NCEH, CDC, 4770 Buford

Highway, NE, M/S F42, Atlanta, Georgia

30341, telephone 770/488–7330, fax

770/488–7335.

Dated: February 13, 1997.

Joseph E. Salter,

Acting Director, Management Analysis and

Services Office, Centers for Disease Control

and Prevention (CDC).

[FR Doc. 97–4139 Filed 2–19–97; 8:45 am]

BILLING CODE 4163–18–P

Administration for Children and

Families

Office of Planning, Research and

Evaluation; Statement of Organization,

Functions, and Delegations of

Authority

This Notice amends Part K, Chapter K

of the Statement of Organization,

Functions, and Delegations of Authority

of the Department of Health and Human

Services (DHHS), Administration for

Children and Families (ACF) as follows:

Chapter KM, The Office of Planning,

Research and Evaluation (OPRE) (60 FR

56606) as last amended, November 9,

1995. This reorganization will establish

the Division of Data Collection and

Analysis within the Office of Planning,

Research and Evaluation.

Amend Chapter KM as follows:

1. Delete KM.00 Mission in its

entirety and replace with the following:

KM.00 Mission. The Office of

Planning, Research and Evaluation

(OPRE) is the principal advisor to the

Deputy Assistant Secretary for Policy