60858 Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations

section 5(a) of the FCPIAA. The

Commission is also making conforming

amendments to include its Recycled Oil

Rule, which was inadvertently omitted

from the previous adjustment. See 16

CFR 1.98(l), as amended; 16 CFR 311.6

(prohibited acts under test procedures

and labeling standards for recycled oil).

Thus, the civil penalty amount for

violations of Clayton Act section 7A and

of rules and orders enforced under or by

reference to the FTC Act will increase

from $11,000 to $12,000. See amended

Rule 1.98(a), (c)–(e), (m). Civil penalty

amounts prescribed by WebbPomerence Act section 5, Wool Products

Labeling Act section 6(b), Fur Products

Labeling Act sections 3(e) and 8(d)(2),

and Energy Policy and Conservation Act

sections 333(a) (Appliance Labeling

Rule) will increase from $110 to $120.

See amended Rule 1.98(g)–(k). Civil

penalty amounts prescribed by Clayton

Act section 11(l), FTC Act section 10,

and Energy Policy and Conservation Act

section 525(a) and (b) (Recycled Oil

Rule) will reflect comparable percentage

increases. See amended Rule 1.98(b), (f),

(l). These inflation adjustments will

become effective November 20, 2000,

and will apply to violations occurring

after that date, pursuant to section 7 of

the FCPIAA.

Because the Commission has no

discretion in determining the relevant

amounts of these mandatory

adjustments, the Commission finds it

unnecessary to seek public comment on

them. See 5 U.S.C. 553(b)(B). The

requirements of the Regulatory

Flexibility Act also do not apply. See 5

U.S.C. 603, 604.

List of Subjects

16 CFR Part 1

Administrative practice and

procedure, Penalties, Trade practices.

16 CFR Part 311

Energy conservation, Labeling,

Recycled oil, Trade practices.

For the reasons set forth in the

preamble, the Federal Trade

Commission amends Title 16, chapter I,

subchapters A, Part 1, and C, Part 311,

of the Code of Federal Regulations as

follows:

SUBCHAPTER A—ORGANIZATION,

PROCEDURES AND RULES OF PRACTICE

PART 1—GENERAL PROCEDURES

Subpart L—Civil Penalty Adjustments

Under the Federal Civil Penalties

Inflation Adjustment Act of 1990, as

Amended by the Debt Collection

Improvement Act of 1996

1. Revise the authority for subpart L

to read as follows:

Authority: 28 U.S.C. 2461 note.

2. Revise the heading of subpart L to

read as set forth above.

(3) Revise § 1.98 to read as follows:

§ 1.98 Adjustment of civil monetary

penalty amounts.

This section makes inflation

adjustments in the dollar amounts of

civil monetary penalties provided by

law within the Commission’s

jurisdiction. The following civil penalty

amounts apply to violations occurring

after November 20, 2000:

(a) Section 7A(g)(1) of the Clayton

Act, 15 U.S.C. 18a(g)(1)—$12,000;

(b) Section 11(l) of the Clayton Act, 15

U.S.C. 21(l)—$6,500;

(c) Section 5(l) of the FTC Act, 15

U.S.C. 45(l)—$12,000;

(d) Section 5(m)(1)(A) of the FTC Act,

15 U.S.C. 45(m)(1)(A)—$12,000;

(e) Section 5(m)(1)(B) of the FTC Act,

15 U.S.C. 45(m)(1)(B)—$12,000;

(f) Section 10 of the FTC Act, 15

U.S.C. 50—$120;

(g) Section 5 of the Webb-Pomerene

(Export Trade) Act, 15 U.S.C. 65—$120;

(h) Section 6(b) of the Wool Products

Labeling Act, 15 U.S.C. 68d(b)—$120;

(i) Section 3(e) of the Fur Products

Labeling Act, 15 U.S.C. 69a(e)—$120;

(j) Section 8(d)(2) of the Fur Products

Labeling Act, 15 U.S.C. 69f(d)(2)—$120;

(k) Section 333(a) of the Energy Policy

and Conservation Act, 42 U.S.C.

6303(a)—$120;

(l) Sections 525(a) and (b) of the

Energy Policy and Conservation Act, 42

U.S.C. 6395(a) and (b)—$6,500 and

$12,000, respectively; and

(m) Civil monetary penalties

authorized by reference to the Federal

Trade Commission Act under any other

provision of law within the jurisdiction

of the Commission—refer to the

amounts set forth in paragraphs (c), (d),

(e) and (f) of this section, as applicable.

SUBCHAPTER C—REGULATIONS UNDER

SPECIFIC ACTS OF CONGRESS

PART 311—TEST PROCEDURES AND

LABELING STANDARDS FOR

RECYCLED OIL

4. The authority for part 311

continues to read as follows:

Authority: 42 U.S.C. 6363(d).

5. Amend § 311.6 by revising the last

sentence to read as follows:

§ 311.6 Prohibited acts.

* * * Violations will be subject to

enforcement through civil penalties (as

adjusted for inflation pursuant to § 1.98

of this chapter), imprisonment, and/or

injunctive relief in accordance with the

enforcement provisions of Section 525

of the Energy Policy and Conservation

Act (42 U.S.C. 6395).

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–26303 Filed 10–12–00; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 172

[Docket No. 99F–3087]

Food Additives Permitted for Direct

Addition to Food for Human

Consumption; Sodium Stearoyl

Lactylate

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 sodium stearoyl lactylate

as an emulsifier, stabilizer, and

texturizer in cream liqueur drinks. This

action is in response to a petition filed

by the American Ingredients Co.

DATES: This rule is effective October 13,

2000. Submit written objections and

requests for a hearing by November 13,

2000.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

5630 Fishers Lane, rm. 1061, Rockville,

MD 20852.

FOR FURTHER INFORMATION CONTACT:

Mary E. LaVecchia, Center for Food

Safety and Applied Nutrition (HFS–

215), Food and Drug Administration,

200 C St. SW.,Washington, DC 20204,

202–418–3047.

SUPPLEMENTARY INFORMATION:

I. Introduction

In a notice published in the Federal

Register on September, 13, 1999 (64 FR

49495), FDA announced that a food

additive petition (FAP 9A4684) had

Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60859

been filed by the American Ingredients

Co., 3947 Broadway, Kansas City, MO

64111. The petition proposed to amend

the food additive regulations in

§ 172.846 Sodium stearoyl lactylate (21

CFR 172.846) to provide for the safe use

of sodium stearoyl lactylate as an

emulsifier, stabilizer, and texturizer in

cream liqueur drinks.

II. Conclusions

FDA has evaluated the data in the

petition and other relevant material.

Based on this information, the agency

concludes that the proposed use of

sodium stearoyl lactylate is safe, that the

additive will achieve its intended

technical effect, and, therefore, that the

regulation in § 172.846 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.

III. Environmental Impact

The agency has previously considered

the environmental effects of this rule as

announced in the notice of filing for

FAP 9A4684. No new information or

comments have been received that

would affect the agency’s previous

determination that there is no

significant impact on the human

environment and that an environmental

impact statement is not required.

IV. Paperwork Reduction Act of 1995

This final rule contains no collection

of information. Therefore, clearance by

the Office of Management and Budget

under the Paperwork Reduction Act of

1995 is not required.

V. Objections

Any person who will be adversely

affected by this regulation may at any

time file with the Dockets Management

Branch (address above) written

objections by November 13, 2000. 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

are to be submitted and are to 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 172

Food additives, Reporting and

recordkeeping requirements.

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 172 is

amended as follows:

PART 172—FOOD ADDITIVES

PERMITTED FOR DIRECT ADDITION

TO FOOD FOR HUMAN

CONSUMPTION

1. The authority citation for 21 CFR

part 172 continues to read as follows:

Authority: 21 U.S.C. 321, 341, 342, 348,

371, 379e.

2. Section 172.846 is amended by

adding paragraph (c)(9) to read as

follows:

§ 172.846 Sodium stearoyl lactylate

* * * * *

(c) * * *

(9) As an emulsifier, stabilizer, or

texturizer in cream liqueur drinks, at a

level not to exceed 0.5 percent by

weight of the finished product.

Dated: October 2, 2000.

L. Robert Lake,

Director of Regulations and Policy, Center

for Food Safety and Applied Nutrition.

[FR Doc. 00–26251 Filed 10–12–00; 8:45 am]

BILLING CODE 4160–01–F

PENSION BENEFIT GUARANTY

CORPORATION

29 CFR Parts 4022 and 4044

Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets

in Single-Employer Plans; Interest

Assumptions for Valuing and Paying

Benefits

AGENCY: Pension Benefit Guaranty

Corporation.

ACTION: Final rule.

SUMMARY: The Pension Benefit Guaranty

Corporation’s regulations on Benefits

Payable in Terminated Single-Employer

Plans and Allocation of Assets in

Single-Employer Plans prescribe interest

assumptions for valuing and paying

benefits under terminating singleemployer plans. This final rule amends

the regulations to adopt interest

assumptions for plans with valuation

dates in November 2000. Interest

assumptions are also published on the

PBGC’s web site (www.pbgc.gov).

EFFECTIVE DATE: November 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Harold J. Ashner, Assistant General

Counsel, Office of the General Counsel,

Pension Benefit Guaranty Corporation,

1200 K Street, NW., Washington, DC

20005, 202–326–4024. (For TTY/TDD

users, call the Federal relay service tollfree at 1–800–877–8339 and ask to be

connected to 202–326–4024.)

SUPPLEMENTARY INFORMATION: The

PBGC’s regulations prescribe actuarial

assumptions—including interest

assumptions—for valuing and paying

plan benefits of terminating singleemployer plans covered by title IV of

the Employee Retirement Income

Security Act of 1974. The interest

assumptions are intended to reflect

current conditions in the financial and

annuity markets.

Three sets of interest assumptions are

prescribed: (1) a set for the valuation of

benefits for allocation purposes under

section 4044 (found in Appendix B to

Part 4044), (2) a set for the PBGC to use

to determine whether a benefit is

payable as a lump sum and to determine

lump-sum amounts to be paid by the

PBGC (found in Appendix B to Part

4022), and (3) a set for private-sector

pension practitioners to refer to if they

wish to use lump-sum interest rates

determined using the PBGC’s historical

methodology (found in Appendix C to

Part 4022). (See the PBGC’s two final

rules published March 17, 2000, in the

Federal Register (at 65 FR 14752 and

14753). Effective May 1, 2000, these

rules changed how the interest