Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / Rules and Regulations 69665

EFFECTIVE DATE: 0901 UTC, January 25,

2001.

FOR FURTHER INFORMATION CONTACT: Ken

McElroy, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

Background

On June 29, 2000, the FAA was

notified by Transport Canada that Camp

Scott, BC, RBN was decommissioned.

This decommissioning action affects J–

501 within Canada.

The Rule

This action amends title 14 CFR part

71 (part 71) by amending the legal

description of J–501 in Canadian

airspace due to the decommissioning of

the Camp Scott, BC, RBN. The FAA is

taking this action to remove reference to

the Camp Scott RBN in the description

of J–501. The decommissioning of the

Camp Scott RBN will generate a break

in the J–501 between the Tofino, BC,

RBN and the Sandspit, BC, very high

frequency omnidirectional range/

tactical air navigation facility. This

action provides an uninterrupted route

on J–501.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation: (1) Is

not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule, when

promulgated, will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

Jet routes are published in paragraph

2004 of FAA Order 7400.9H, dated

September 1, 2000, and effective

September 16, 2000, which is

incorporated by reference in 14 CFR

71.1. The jet route listed in this

document will be published

subsequently in the order.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9H,

Airspace Designations and Reporting

Points, dated September 1, 2000, and

effective September 16, 2000, is

amended as follows:

Paragraph 2004—Jet Routes.

* * * * *

J–501 [Amended]

From San Marcus, CA, via Big Sur, CA;

Point Reyes, CA, via Rogue Valley, OR;

Hoquiam, WA; INT Hoquiam 354° and

Tatoosh, WA, 162° radials; Tatoosh; Tofino,

BC, Canada, RBN. From Sandspit, BC,

Canada; Biorka Island, AK; Yakutat, AK;

Johnstone Point, AK; Anchorage, AK;

Sparrevohn, AK; Bethel, AK; to the INT of

the Bethel 258° radial and the Anchorage

CTA/FIR boundary, excluding the airspace

within Canada.

* * * * *

Issued in Washington, DC, on November

13, 2000.

Reginald C. Matthews,

Manager, Airspace and Rules Division.

[FR Doc. 00–29658 Filed 11–17–00; 8:45 am]

BILLING CODE 4910–13–U

FEDERAL TRADE COMMISSION

16 CFR Parts 1 and 311

Federal Civil Penalties Inflation

Adjustment Act of 1990, as Amended

by the Debt Collection Improvement

Act of 1996

AGENCY: Federal Trade Commission

(FTC).

ACTION: Final rule amendments.

SUMMARY: The Commission is correcting

certain previously published

adjustments to civil penalty amounts

within its jurisdiction. These

corrections will maintain the civil

penalty amounts currently published in

Commission Rule 1.98, as last adjusted

in 1996. These corrections will not

affect certain related amendments

intended to incorporate previously

omitted adjustments in civil penalty

amounts for Recycled Oil Rule

violations.

EFFECTIVE DATE: These amendments are

effective 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

Commission is correcting certain civil

penalty inflation adjustments, 65 FR

60857 (Oct. 13, 2000), that were

intended to update civil penalty

amounts that the Commission last

adjusted for inflation in 1996 under 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. See 61 FR 54548 (Oct.

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

5 of the FCPIAA requires, in relevant

part, that any inflation ‘‘increase’’ since

the last adjustment be rounded to the

nearest multiple of $10 (for ‘‘penalties

less than or equal to $100’’), the nearest

$100 (for ‘‘penalties greater than $100

but less than or equal to $1,000’’), the

nearest $1,000 (for ‘‘penalties greater

than $1,000 but less than or equal to

$10,000’’), or the nearest $5,000 (for

‘‘penalties greater than $10,000 but less

than or equal to $100,000’’).

In determining how these rounding

categories apply, the Commission had

referred to the original statutory penalty

amounts. For example, for penalties

under section 5 of the FTC Act, the

Commission used the rounding category

‘‘for penalties greater than $1,000 but

less than or equal to $10,000’’ (i.e.,

increases are rounded in multiples of

$1,000), even though section 5 penalties

had been increased to $11,000 in 1996.

The rounding categories, however, do

not expressly rely upon or refer to the

original statutory amounts of the

penalties, nor is the Commission aware

of any legislative history to support a

retroactive reading of ‘‘penalties’’ once

the original statutory penalty amount

has been increased. Rather, in

calculating increases, the statute

expressly refers to the increase since the

penalties were last set ‘‘or adjusted’’ by

law. See FCPIAA Sec. 5(b) (defining

cost-of-living adjustment). Thus, for

example, increases in the penalty for a

violation of section 5 of the FTC Act

(i.e., $11,000) must be rounded in

multiples of $5,000 (rather than

multiples of $1,000, as when the penalty

was only $10,000).

69666 Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / Rules and Regulations

1For adjustment purposes, inflation is

determined by calculating the percentage by which

the June CPI for the calendar year preceding the

adjustment (166.2 in 1999) exceeds the June CPI for

the year when the last adjustment was made (156.7

in 1996). See FCPIAA 5(b). Thus, the relevant

inflation increase if 6.1% (not the figure previously

stated by the Commission). In any event, this

amount is not yet large enough to justify the

inflation increases authorized by the statute’s

rounding rules.

Applying the rounding rules this way,

the Commission has determined that the

relevant increase in the Consumer Price

Index (CPI) since the last adjustment in

1996 is not large enough yet to authorize

the recently published increased in the

civil penalty amounts within the

Commission’s jurisdiction.1

Accordingly, the Commission has

determined that the civil penalty

amounts in Commission Rule 1.98, 16

CFR 1.98, as last adjusted in 1996,

should remain unchanged for now. This

determination does not affect the

previously published rule amendments

to include civil penalties for Recycled

Oil Rule violations, which were

inadvertently omitted from the 1996

adjustment. The Commission is republishing its final rule amendments to

preserve these conforming amendments

while making the civil penalty

corrections discussed earlier.

These procedural amendments are

exempt from the notice-and-comment

requirements of the Administrative

Procedure Act. 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 and C, of the Code of

Federal Regulations, as follows:

SUBCHAPTER A—ORGANIZATION,

PROCEDURES AND RULES OF PRACTICE

PART 1—GENERAL PROCEDURES

1. Revise the title of subpart L to read

as follows:

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

2. Revise the authority for subpart L

to read as follows:

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

§ 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)—$11,000;

(b) Section 11(1) of the Clayton Act,

15 U.S.C. 21(1)—$5,500;

(c) Section 5(1) of the FTC Act, 15

U.S.C. 45(1)—$11,000;

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

15 U.S.C. 45(m)(1)(A)—$11,000;

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

15 U.S.C. 45(m)(1)(B)—$11,000;

(f) Section 10 of the FTC Act, 15

U.S.C. 50—$110;

(g) Section 5 of the Webb-Pomerene

(Export Trade) Act, 15 U.S.C. 65—$110;

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

Labeling Act, 15 U.S.C. 68d(b)—$110;

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

Labeling Act, 15 U.S.C. 69a(e)—$110;

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

Labeling Act, 15 U.S.C. 69f(d)(2)—$110;

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

and Conservation Act, 42 U.S.C.

6303(a)—$110;

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

Energy Policy and Conservation Act, 42

U.S.C. 6395(a) and (b)—$5,500 and

$11,000, 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 3 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. 00–29469 Filed 11–17–00; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. 00N–1596]

Uniform Compliance Date for Food

Labeling Regulations

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is establishing

January 1, 2004, as the uniform

compliance date for food labeling

regulations that are issued between

January 1, 2001, and December 31, 2002.

FDA periodically announces uniform

compliance dates for new food labeling

requirements to minimize the economic

impact of label changes. On December

23, 1998, FDA established January 1,

2002, as the uniform compliance date

for food labeling regulations that issued

between January 1, 1999, and December

31, 2000.

DATES: This rule is effective November

20, 2000. Submit written comments by

February 5, 2001.

ADDRESSES: Submit written comments

to the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 5630 Fishers Lane, rm.

1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT:

Louis B. Brock, Center for Food Safety

and Applied Nutrition (HFS–24), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–205–4273.

SUPPLEMENTARY INFORMATION: FDA

periodically issues regulations requiring

changes in the labeling of food. If the

effective dates of these labeling changes

were not coordinated, the cumulative

economic impact on the food industry

of having to respond separately to each

change would be substantial. Therefore,

the agency periodically has announced

uniform compliance dates for new food

labeling requirements (see e.g., the