75154 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

consideration and the central core of the

metropolitan area as identified by the

Census Bureau.

C. Federal facilities crossing pay

locality boundaries. To be in the pay

locality, the portion of a Federal facility

which crosses pay locality boundaries

and which is not in the pay locality

must—

1. contain at least 1,000 GS

employees;

2. have the duty stations of the

majority of GS employees within 10

miles of the locality; and

3. have a significant number of its

employees commuting from the pay

locality.

D. Full-State areas of application. In

order to be evaluated for area of

application status, an entire State may

be considered as one county for

purposes of applying the county-wide

area-of-application criteria if—

1. no part of the State is already in a

separate metropolitan pay area;

2. the State is adjacent to the pay area

(exclusive of any other areas of

application); and

3. the State is smaller than 115

percent of the average county size in

square miles in the lower 48 States plus

Washington, DC, as determined by OPM

using land area data published by the

Census Bureau and the number of

counties in the United States as

determined by the Census Bureau.

After application of the above criteria,

the entire State must still pass the

county-wide area-of-application criteria

before it can become an area of

application.

We received more than 800 comments

on the proposed regulations. Virtually

all of the comments were in support of

the proposed changes. A few comments

focused on issues outside the scope of

the proposed rule, such as when other

areas might become separate locality

pay areas.

We also received a number of

comments about a portion of Bristol

County, MA, that lies between the

Boston Consolidated Metropolitan

Statistical Area (CMSA) and the State of

Rhode Island. There are eight cities/

townships in this small strip, which is

about 10 miles wide (east to west) at it

widest and about 30 miles long (north

to south). Although there is a significant

amount of commuting to and from both

Providence and Boston from this area,

all of the cities/townships in this area

are part of the Providence MSA because

there is a greater level of commuting to

and from Providence.

Commenters, including affected

employees, Members of Congress, an

employing agency, and the Greater

Boston Federal Executive Board,

concluded that Federal agencies in these

areas will not be able to recruit and

retain an adequate workforce if

employees can drive 10 miles or less in

virtually any direction and receive the

higher Boston locality pay rate. After

reviewing the comments and other

pertinent data on this small area,

including commuting patterns and

population density, we have concluded

that all of Bristol County, MA, should be

included in the Boston locality pay area.

The Pay Agent believes that excluding

these eight cities/townships would

create an egregious situation, unique

under the locality pay program. This

small area, which has significant ties to

both Providence and Boston, is virtually

surrounded by the Boston locality pay

area and the new Rhode Island area of

application. In addition, the entire area

is within easy commuting distance of

the rest of the Boston locality pay area.

There are no other similarly situated

areas.

Therefore, the final regulations

include both the State of Rhode Island

and all of Bristol County, MA, in the

Boston-Worcester-Lawrence, MA-NHME-CT, locality pay area. In addition, as

originally recommended by the Federal

Salary Council and proposed by the Pay

Agent, the final regulations include

Monterey County, CA, in the San

Francisco-Oakland-San Jose, CA,

locality pay area.

E.O. 12866, Regulatory Review

The Office of Management and Budget

has reviewed this rule in accordance

with E.O. 12866.

Regulatory Flexibility Act

I certify that these regulations will not

have a significant economic impact on

a substantial number of small entities

because they will apply only to Federal

agencies and employees.

List of Subjects in 5 CFR Part 531

Government employees, Law

enforcement officers, Wages.

Office of Personnel Management.

Janice R. Lachance,

Director.

Accordingly, OPM is amending part

531 of title 5, Code of Federal

Regulations, as follows:

PART 531—PAY UNDER THE

GENERAL SCHEDULE

1. The authority citation for part 531

continues to read as follows:

Authority: 5 U.S.C. 5115, 5307, and 5338;

sec. 4 of Pub. L. 103–89, 107 Stat. 981; and

E.O. 12748, 56 FR 4521, 3 CFR, 1991 Comp.,

p. 316;

Subpart B also issued under 5 U.S.C.

5303(g), 5333, 5334(a), and 7701(b)(2);

Subpart C also issued under 5 U.S.C. 5304,

5305, and 5553; sections 302 and 404 of

FEPCA, Pub. L. 101–509, 104 Stat. 1462 and

1466; and section 3(7) of Pub. L. 102–378,

106 Stat. 1356;

Subpart D also issued under 5 U.S.C.

5335(g) and 7701(b)(2);

Subpart E also issued under 5 U.S.C. 5336;

Subpart F also issued under 5 U.S.C. 5304,

5305(g)(1), and 5553; and E.O. 12883, 58 FR

63281, 3 CFR, 1993 Comp., p. 682;

Subpart G also issued under 5 U.S.C. 5304,

5305, and 5553; section 302 of the Federal

Employees Pay Comparability Act of 1990

(FEPCA), Pub. L. 101–509, 104 Stat. 1462;

and E.O. 2786, 56 FR 67453, 3 CFR, 1991

Comp., p. 376.

Subpart F—Locality-Based

Comparability Payments

2. In § 531.603, paragraphs (b)(2) and

(b)(29) are revised to read as follows:

§ 531.603 Locality pay areas.

* * * * *

(b) * * *

(2) Boston-Worcester-Lawrence, MANH-ME-CT-RI—consisting of the

Boston-Worcester-Lawrence, MA-NHME-CT CMSA, plus the State of Rhode

Island and all of Bristol County, MA;

* * * * *

(29) San Francisco-Oakland-San Jose,

CA—consisting of the San FranciscoOakland-San Jose, CA CMSA, plus

Monterey County, CA;

* * * * *

[FR Doc. 00–30790 Filed 11–29–00; 2:33 pm]

BILLING CODE 6325–01–P

FEDERAL TRADE COMMISSION

16 CFR Parts 300 and 303

Rules and Regulations Under the

Textile Fiber Products Identification

Act; Rules and Regulations Under the

Wool Products Labeling Act of 1939

AGENCY: Federal Trade Commission.

ACTION: Final rule.

SUMMARY: The Federal Trade

Commission (FTC or Commission)

amends the Rules and Regulations

under the Textile Fiber Products

Identification Act (Textile Rules) to

revise the form for Application for a

Registered Identification Number

(‘‘RN’’) in order to facilitate receiving

applications electronically; incorporate

by reference the generic fiber names and

definitions for manufactured fibers in

International Organization for

Standardization standard ISO 2076:

1999(E), ‘‘Textiles—Man-mad fibres—

Generic names;’’ clarify origin labeling

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75155

1 16 CFR 303.20, 16 CFR 300.4, 16 CFR 301.26.

2The Wool and Fur Labeling Rules crossreference the form that appears in the Textile Rules.

See, 16 CFR 300.4(e) and 16 CFR 301.26(d).

3 63 FR 7508, 7510–11 (Feb. 13, 1998).

4 15 U.S.C. 70b(b)(4) & (5); 15 U.S.C. 68b(e).

5 16 CFR 303.33; 16 CFR 300.25.

requirements for products made in the

U.S. and assembled or finished abroad

or products manufactured abroad of

U.S. fabric; and correct a typographical

error. The Commission amends the

Rules and Regulations under the Wool

Products Labeling Act of 1939 (Wool

Rules) to clarify that only one RN will

be granted to a qualifying firm; and

clarify the origin labeling requirements

for products made in the U.S. and

assembled or finished abroad or

products manufactured abroad of U.S.

fabric. Because these amendments are

technical and non-substantive, the

Commission finds that notice and

comment are not required. For this

reason, the requirements of the

Regulatory Flexibility Act also do not

apply.

DATES: The rules are effective on

December 1, 2000. The incorporation by

reference of certain publications in this

rule is approved by the Director of the

Federal Register as of December 1, 2000.

ADDRESS: Requests for copies of this

document should be sent to the

Consumer Response Center, Room 202,

Federal Trade Commission, 600

Pennsylvania Avenue, NW.,

Washington, DC 20580. The notice

announcing the amendments is

available on the Internet at the

Commission’s website: http://

www.ftc.gov.

FOR FURTHER INFORMATION CONTACT:

Stephen Ecklund, Senior Investigator,

(202) 326–2841, secklund@ftc.gov, or

Faith Vieno, Paralegal Specialist, (202)

326–2299, fvieno@ftc.gov, Division of

Enforcement, Bureau of Consumer

Protection, Federal Trade Commission,

600 Pennsylvania Avenue NW.,

Washington, DC 20580.

SUPPLEMENTARY INFORMATION:

I. Background

The Textile Fiber Products

Identification Act (Textile Act), 15

U.S.C. 70, requires manufacturers and

sellers of covered textile products to

mark each product with: (1) The generic

names and percentages by weight of the

constituent fibers present in the

product, in the order of predominance

by weight; (2) the name under which the

manufacturer or other responsible

company does business or, in lieu

thereof, the RN issued to the company

by the Commission; and (3) the name of

the country where the product was

processed or manufactured. Pursuant to

section 7(c) of the Textile Act, 15 U.S.C.

70e(c), the Commission has issued

implementing regulations, the Textile

Rules, 16 CFR Part 303. Similar

information is required pursuant to the

Wool Products Labeling Act (Wool Act),

15 U.S.C. 68, and the Fur Products

Labeling Act (Fur Act), 15 U.S.C. 69.

Implementing rules under those statutes

are found at 16 CFR Part 300 (Wool

Rules) and 16 CFR Part 301 (Rules and

Regulations under the Fur Products

Labeling Act).

II. Registered Identification Numbers

Issued by the Commission

Pursuant to its Rules, the Commission

issues RNs to qualified applicants, i.e.,

those who manufacture or market

textile, wool or fur products covered by

the labeling requirements and who

reside in the U.S.1 In the past,

applicants were required to submit RN

applications to the Commission by mail

or fax on the form that appears at 16

CFR 303.20(d).2 The Commission now

has the capability to receive

applications and updates to applications

online at its website, http://www.ftc.gov.

Therefore, it is amending the

application form in order to facilitate

the online application process. The

requirement for a signature, line 8 of the

form, is eliminated. The online form

will require entry of the name of a

responsible official who certifies, in

making the application, that the

business is eligible for the RN by virtue

of residing in the U.S. and

manufacturing or marketing a product

covered by one of the three labeling

statutes. Other minor changes to the

application form have been made to

facilitate the process. The online

application will require the same

information as the printed application,

although it necessarily will appear in a

different format.

An amendment to section 300.4(b) of

the Wool Rules clarifies that a qualified

applicant will be assigned only one RN,

which may be used for the labeling of

any products covered by the Textile,

Wool, or Fur Acts. In the past, the

Commission did, on occasion, assign

more than one RN to a particular

company; however, it ceased this

practice a number of years ago.

Therefore, this section is amended,

consistent with current RN procedures,

by removing a clause that refers to

assignment of multiple numbers.

The Commission’s RN database is

available on the FTC’s Internet website.

Businesses are urged to use this service

to check whether the information

concerning their RN is current and, if

necessary, update the information.

Updating an application also can be

accomplished online.

III. Recognition of ISO Standard for

Generic Fiber Names

In 1998, the Commission amended the

Textile Rules to incorporate by reference

the generic fiber names and definitions

for manufactured fibers in ISO 2076:

1989, ‘‘Textiles—Man-made fibres—

Generic names.’’ 3 The Commission

noted that a revision of ISO 2076 was

under consideration at that time and

stated that when the revised standard

was finalized, it would amend the

Textile Rules to reference that revised

standard. The revised ISO standard was

finalized in 1999; therefore, the

Commission amends the Textile Rules

to incorporate the new standard.

IV. Clarification of Country of Origin

Disclosure Requirements

The Textile and Wool Acts require

that covered products be labeled to

show the country of origin, whether

domestic or foreign.4 The Commission’s

Rules implement the statutory

requirement, explain how it applies to

products made in part in the U.S. and

in part in another country, and provide

examples of proper labeling.5

Imported products must name the

country where they were manufactured

or processed. Products made in the U.S.

of materials also made in the U.S.

should be labeled as ‘‘Made in USA,’’ or

words to that effect. Products made in

the U.S. of imported materials should

disclose both the U.S. manufacturing

and the imported component—for

example, ‘‘Made in USA of imported

fabric’’ or ‘‘Knitted in USA of imported

yarn.’’ Similarly, products partially

manufactured in a foreign country and

partially manufactured in the U.S.

should be labeled to show the

manufacturing process in both the

foreign country and the U.S.—for

example, ‘‘Imported cloth, finished in

USA,’’ ‘‘Sewn in USA of imported

components,’’ or ‘‘Made in [foreign

country], finished in USA.’’ The same

disclosure principle applies to products

manufactured abroad of fabric made in

the U.S., or products assembled abroad

of components manufactured in the U.S.

Therefore, the Commission is revising

section 303.33(a)(4)(i) of the Textile

Rules and section 300.25(a)(4)(i) of the

Wool Rules to add examples covering

these latter situations. For example, a

product manufactured abroad of U.S.

fabric could be labeled ‘‘Made in

[Foreign Country]/fabric made in USA’’

or simply ‘‘Made in [Foreign Country] of

US fabric.’’ A garment that is assembled

or finished abroad of components made

75156 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

6Minimal foreign processing that does not alter

the basic identity or character of the product would

not have to be disclosed under this provision. For

example, a product made in the U.S. then sent

abroad for a minor finishing process, such as

washing, dyeing, pressing, application of ink

designs, adding buttons, repairs or alterations,

tagging or labeling, etc., could be labeled simply

‘‘Made in USA.’’ See, Comment of the FTC before

the Dept. of Treasury, Customs Service, ‘‘In the

Matter of Country of Origin Marking Rules for

Textiles and Textile Products Advanced in Value,

Improved in Condition, or Assembled Abroad,’’

Dec. 18, 1998. (This comment is available online at

http://www.ftc.gov/os/statutes/textilejump.htm.)

in the USA could be labeled, for

example: ‘‘Knit in USA, assembled in

[Foreign Country],’’ or words to that

effect.6

List of Subjects in 16 CFR Parts 300 and

303

Incorporation by reference, Labeling,

Textile fiber products identification,

Trade Practices, Wool products.

For the reasons set forth above, the

Commission amends 16 CFR Part 300

and 16 CFR Part 303, as follows:

PART 300—RULES AND

REGULATIONS UNDER THE WOOL

PRODUCTS LABELING ACT OF 1939

1. The authority citation for Part 300

continues to read as follows:

Authority: 15 U.S.C. 68 et seq. and 15

U.S.C. 70 et seq.

2. Section 300.4(b) is revised to read

as follows:

§ 300.4 Registered identification numbers.

* * * * *

(b) Any manufacturer of a wool

product or person subject to section 3 of

the Act with respect to such wool

product, residing in the United States,

may apply to the Federal Trade

Commission for a registered

identification number for use by the

applicant on the stamp, tag, label, or

other mark of identification required

under the Act.

3. Section 300.25(a)(4)(i) is revised to

read as follows:

§ 300.25 Country where wool products are

processed or manufactured.

(a) * * *

(4) * * *

(i) The manufacturing process in the

foreign country and in the USA; for

example:

Imported cloth, finished in USA

or

Sewn in USA of imported components

or

Made in [foreign country], finished in

USA

or

Scarf made in USA of fabric made in

China

or

Comforter Filled, Sewn and Finished in

the U.S. With Shell Made in China

or

Made in [Foreign Country]/fabric made

in USA

or

Knit in USA, assembled in [Foreign

Country].

PART 303—RULES AND

REGULATIONS UNDER THE TEXTILE

FIBER PRODUCTS IDENTIFICATION

ACT

1. The authority citation for Part 303

continues to read as follows:

Authority: 15 U.S.C. 70 et seq.

2. Section 303.5(a) is revised to read

as follows:

§ 303.5 Abbreviations, ditto marks, and

asterisks prohibited.

(a) In disclosing required information,

words or terms shall not be designated

by ditto marks or appear in footnotes

referred to by asterisks or other symbols

in required information, and shall not

be abbreviated except as permitted in

§ 303.33(e) of this part.

3. The first sentence of section 303.7

is revised to read as follows:

§ 303.7 Generic names and definitions for

manufactured fibers.

Pursuant to the provisions of section

7(c) of the Act, the Commission hereby

establishes the generic names for

manufactured fibers, together with their

respective definitions, set forth in this

section, and the generic names for

manufactured fibers, together with their

respective definitions, set forth in

International Organization for

Standardization ISO 2076: 1999(E),

‘‘Textiles—Man-made fibres—Generic

names.’’ * * *

* * * * *

4. Section 303.20(d) is revised to read

as follows:

§ 303.20 Registered identified numbers.

* * * * *

(d) Form to apply for a registered

identification number or to update

information pertaining to an existing

number (the form is available upon

request from: Enforcement Division,

Federal Trade Commission, 600

Pennsylvania Avenue, NW.,

Washington, DC 20580, or on the

Internet at http://www.ftc.gov;

application may also be made directly

on the Internet):

Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75157

75158 Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations

5. Section 303.33(a)(4)(i) is revised to

read as follows:

§ 303.33 Country where textile fiber

products are processed or manufactured.

(a) * * *

(4) * * *

(i) The manufacturing process in the

foreign country and in the USA; for

example:

Imported cloth, finished in USA

or

Sewn in USA of imported components

or

Made in [foreign country], finished in

USA

or

Scarf made in USA of fabric made in

China

or

Comforter Filled, Sewn and Finished in

the U.S. With Shell Made in China

or

Made in [Foreign Country]/fabric made

in USA

or

Knit in USA, assembled in [Foreign

Country].

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 00–29470 Filed 11–30–00; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 73

[Docket No. 97C–0415]

Listing of Color Additives Exempt

From Certification; Luminescent Zinc

Sulfide; Correction

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule; correction.

SUMMARY: The Food and Drug

Administration (FDA) is correcting a

final rule that appeared in the Federal

Register of August 8, 2000 (65 FR

48375). This document amended the

color additive regulations to provide for

the safe use of luminescent zinc sulfide

as a color additive in certain externally

applied cosmetics. In amending the

color additive regulations, the document

inadvertently omitted a phrase from the

codified. This document corrects that

error.

EFFECTIVE DATE: This rule is effective

December 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Aydin Oearstan, Center for Food Safety

and Applied Nutrition (HFS–215), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3076.

SUPPLEMENTARY INFORMATION: In FR Doc.

00–19952, appearing on page 48377 in

the Federal Register of August 8, 2000,

the following correction is made:

§ 73.2995 [Corrected]

1. On page 48377, in the second

column, in § 73.2995 Luminescent zinc

sulfide, in paragraph (c), beginning in

the fifth line, the phrase ‘‘(included

under § 720.4(c)(7)(ix) and (c)(8)(v) of

this chapter) subject’’ is corrected to

read ‘‘and nail polish included under

§ 720.4(c)(7)(ix) and (c)(8)(v) of this

chapter, respectively,’’.

Dated: November 21, 2000.

L. Robert Lake,

Director of Regulations and Policy, Center

for Food Safety and Applied Nutrition.

[FR Doc. 00–30580 Filed 11–30–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF JUSTICE

28 CFR PART 16

[AAG/A Order No. 207–2000]

Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: The Department of Justice is

exempting a Privacy Act system of

records from subsections (c)(3) and (4),

(d), (e)(1), (e)(2), (e)(3), (e)(5), (e)(8), and

(g) of the Privacy Act, pursuant to 5

U.S.C. 552a(j)(2), (k)(1), and (k)(2). This

system of records is maintained by the

Environmental and Natural Resources

Division and is entitled ‘‘Environmental

and Natural Resources Division Case

and Related Files System, JUSTICE/

ENRD–003.’’

The system of records may contain

information which relates to official

Federal investigations and matters of

law and regulatory enforcement.

Accordingly, where applicable, the

exemptions are necessary to avoid

interference with law and regulatory

enforcement functions. The exemptions

are necessary to protect the

confidentiality of civil investigatory and

criminal law enforcement materials and

of properly classified information.

EFFECTIVE DATE: December 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Mary Cahill at 202–307–1823.

SUPPLEMENTARY INFORMATION: On

February 23, 2000 (65 FR 8916) a

proposed rule was published in the

Federal Register with an invitation to

comment. No comments were received.

Regulatory Flexibility Act: This Order

relates to individuals rather than small

business entities. Nevertheless,

pursuant to the requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601–

612, it is hereby stated that the order

will not have ‘‘a significant economic

impact on a substantial number of small

entities.’’

Executive Order 12988: The rule

complies with the applicable standards

provided in sections 3(a) and 3(b)(2) of

Executive Order No. 12988.

Executive Order 12866: The Attorney

General has determined that this rule is

not a significant regulatory action under

Executive Order No. 12866, and

accordingly, this rule has not been

reviewed by the Office of Management

and Budget.

List of Subjects in Part 16

Administrative Practices and

Procedures, Courts, Freedom of

Information Act, Privacy Act, and

Government in Sunshine Act.

Dated: November 21, 2000.

Stephen R. Colgate,

Assistant Attorney General for

Administration.

Pursuant to the authority vested in the

Attorney General by 5 U.S.C. 552a and

delegated to me by Attorney General

Order 793–78, 28 CFR part 16 is

amended as follows:

PART 16—[AMENDED]

1. The authority for Part 16 continues

to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g),

553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,

534; 31 U.S.C. 3717, 9701.

2. 28 CFR 16.92 is amended by

revising the heading and paragraphs (a)

and (b) to read as follows:

§ 16.92. Exemption of Environment and

Natural Resources Division Systems—

Limited Access.

(a)(1) The following system of records

is exempted pursuant to 5 U.S.C.

552a(j)(2) from subsections (c)(3) and

(4), (d), (e)(1), (e)(2), (e)(3), (e)(5), (e)(8),

(f) and (g); in addition, the following

systems of records are exempted

pursuant to 5 U.S.C. 552a(k)(1) and

(k)(2) from subsections (c)(3), (d), and

(e)(1):

(i) Environment and Natural

Resources Division Case and Related

Files System, JUSTICE/ENRD–003.

(ii) [Reserved]

(2) These exemptions apply only to

the extent that information in this

system relates to the investigation,

prosecution or defense of actual or

potential criminal or civil litigation, or