Federal Register / Vol. 65, No. 199 / Friday, October 13, 2000 / Rules and Regulations 60857

equipment or ‘‘software’’ controlled

by 4A001 to 4A004, or 4D (except

4D980, 4D993 or 4D994). 

License Requirements

Reason for Control: NS, MT, CC, AT,

NP, XP.

Control(s) Country chart

NS applies to ‘‘software’’ for

commodities or software

controlled by 4A001 to

4A004, 4D001 to 4D003.

NS Column 1

MT applies to ‘‘software’’ for

equipment controlled by

4A001 to 4A003 for MT reasons.

MT Column

1

CC applies to ‘‘software’’ for

computerized finger-print

equipment controlled by

4A003 for CC reasons.

CC Column

1

AT applies to entire entry ....... AT Column 1

NP applies to ‘‘software’’ for

computers with a CTP greater than

6,500 Mtops, unless a License Exception

is available. See § 742.3(b) of the EAR

for information on applicable licensing

review policies.

XP applies to ‘‘software’’ for

computers with a CTP greater than

6,500 Mtops, unless a License Exception

is available. XP controls vary according

to destination and end-user and enduse. See § 742.12 of the EAR for

additional information.

License Requirement Notes: See § 743.1 of

the EAR for reporting requirements for

exports under License Exceptions.

License Exceptions

CIV: N/A

TSR: Yes, except for the following:

(1) ‘‘Software’’ controlled for MT

reasons;

(2) ‘‘Software’’ for equipment or

‘‘software’’ requiring a license; or

(3) Exports and reexports to destinations

outside of Austria, Belgium,

Canada, Denmark, Finland, France,

Germany, Greece, Ireland, Italy,

Japan, Luxembourg, the

Netherlands, Portugal, Spain,

Sweden, or the United Kingdom of

‘‘software’’ specially designed for

the ‘‘development’’ or ‘‘production’’

of equipment controlled as follows:

(a) ‘‘Digital’’ computers controlled by

4A003.b and having a CTP

exceeding 33,000 MTOPS; or

(b) ‘‘Electronic assemblies’’ controlled

by 4A003.c and capable of

enhancing performance by

aggregation of ‘‘computing

elements’’ so that the CTP of the

aggregation exceeds 33,000 MTOPS.

* * * * *

4E001 ‘‘Technology’’ according to the

General Technology Note, for the

‘‘development’’, ‘‘production’’ or

‘‘use’’ of equipment or ‘‘software’’

controlled by 4A (except 4A980,

4A993 or 4A994) or 4D (except

4D980, 4D993, 4D994).

License Requirements

Reason for Control: NS, MT, CC, AT,

NP, XP.

Control(s) Country chart

NS applies to ‘‘technology’’

for commodities or software controlled by

4A001 to 4A004, 4D001

to 4D003.

NS Column 1

MT applies to ‘‘technology’’

for items controlled by

4A001 to 4A003, 4A101,

4D001, 4D102 or 4D002

for MT reasons.

MT Column 1

CC applies to ‘‘technology’’

for computerized fingerprint equipment controlled by 4A003 for CC

reasons.

CC Column 1

AT applies to entire entry .. AT Column 1

NP applies to ‘‘technology’’ for

computers with a CTP greater than

6,500 Mtops, unless a License Exception

is available. See § 742.3(b) of the EAR

for information on applicable licensing

review policies.

XP applies to ‘‘technology’’ for

computers with a CTP greater than

6,500 Mtops, unless a License Exception

is available. XP controls vary according

to destination and end-user and enduse. See § 742.12 of the EAR for

additional information.

License Requirement Notes: See § 743.1 of

the EAR for reporting requirements for

exports under License Exceptions.

License Exceptions

CIV: N/A.

TSR: Yes for ‘‘technology’’ directly

related for hardware exported under

a License Exception.

N/A for the following:

(1) ‘‘Technology’’ controlled for MT

reasons; or

(2) Exports and reexports to

destinations outside of Austria,

Belgium, Canada, Denmark,

Finland, France, Germany, Greece,

Ireland, Italy, Japan, Luxembourg,

the Netherlands, Portugal, Spain,

Sweden, or the United Kingdom of

‘‘technology’’ for the

‘‘development’’ or ‘‘production’’ of

the following items:

(a) ‘‘Digital’’ computers controlled by

4A003.b and having a CTP

exceeding 33,000 MTOPS;

(b) ‘‘Electronic assemblies’’ controlled

by 4A003.c and capable of

enhancing performance by

aggregation of ‘‘computing

elements’’ so that the CTP of the

aggregation exceeds 33,000 MTOPS;

or

(c) ‘‘Software’’ specially designed for

the ‘‘development’’ or ‘‘production’’

of equipment listed in paragraphs

(a) or (b) above.

* * * * *

Dated: October 5, 2000.

R. Roger Majak,

Assistant Secretary for Export

Administration.

[FR Doc. 00–26239 Filed 10–12–00; 8:45 am]

BILLING CODE 3510–33–P

FEDERAL TRADE COMMISSION

16 CFR Parts 1 and 311

Federal Civil Penalties Inflation

Adjustment Act of 1990; and Debt

Collection Improvement Act of 1996

AGENCY: Federal Trade Commission

(FTC).

ACTION: Final rule amendments.

SUMMARY: These rule amendments

adjust the dollar amounts of civil

penalties under statutes within the

FTC’s jurisdiction to reflect inflation

that has occurred since the Commission

last made such inflation adjustments in

1996.

EFFECTIVE DATE: November 20, 2000.

FOR FURTHER INFORMATION CONTACT: Alex

Tang, Attorney, Office of General

Counsel, FTC, 600 Pennsylvania

Avenue, NW, Washington, DC 20580,

(202) 326–2447, atang@ftc.gov.

SUPPLEMENTARY INFORMATION: The

Federal Civil Penalties Inflation

Adjustment Act of 1990 (FCPIAA), as

amended by the Debt Collection

Improvement Act of 1996 (DCIA), 28

U.S.C. 2461 note, requires each federal

agency to issue regulations adjusting

civil monetary penalty amounts within

its jurisdiction for inflation at least once

every four years, using the June

consumer price index (CPI) published

by the United States Department of

Labor, Bureau of Labor Statistics. The

last time the Commission adjusted its

civil penalties was in 1996, when it

published the initial adjustments

required by the Act. See 61 FR 54548

(Oct. 21, 1996), 55840 (Oct. 29, 1996)

(correction); Commission Rule 1.98, 16

CFR 1.98 (inflation adjustments of civil

monetary penalty amounts).

The Commission is now amending

Rule 1.98 to reflect the 10.02% increase

in the relevant CPI since 1996 (i.e., from

156.7 in June 1996 to 172.4 in June

2000), with the amount of each increase

being rounded in accordance with

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