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

Federal Register / Vol. 65, No. 224 / Monday, November 20, 2000 / Rules and Regulations 69667

Federal Registers of October 19, 1984

(49 FR 41019), December 24, 1996 (61

FR 67710), December 27, 1996 (61 FR

68145), and December 23, 1998 (63 FR

71015)). Use of a uniform compliance

date provides for an orderly and

economical industry adjustment to new

labeling requirements by allowing

sufficient lead time to plan for the use

of existing label inventories and the

development of new labeling materials.

This policy serves consumers’ interests

as well because the cost of multiple

short-term label revisions that would

otherwise occur would likely be passed

on to consumers in the form of higher

prices.

The agency has determined under 21

CFR 25.30(k) that this action is of a type

that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

This final rule contains no collections

of information. Therefore, clearance by

the Office of Management and Budget

(OMB) under the Paperwork Reduction

Act of 1995 is not required.

FDA has examined the economic

implications of this final rule as

required by Executive Order 12866.

Executive Order 12866 directs agencies

to assess all costs and benefits of

available regulatory alternatives and,

when regulation is necessary, to select

regulatory approaches that maximize

net benefits (including potential

economic, environmental, public health,

safety, distributive, and equity effects).

Executive Order 12866 classifies a rule

as ‘‘economically significant’’ if it meets

any one of a number of specified

conditions including having an annual

effect on the economy of $100 million,

adversely affecting some sector of the

economy in a material way, or adversely

affecting jobs or competition. A

regulation is considered a ‘‘significant’’

regulatory action under Executive Order

12866 if it raises novel legal or policy

issues. FDA finds that this final rule is

neither an economically significant rule

nor a significant regulatory action as

defined by Executive Order 12866. In

addition, in accordance with the Small

Business Regulatory Enforcement

Fairness Act of 1996, the administration

of OMB has determined that this final

rule is not a major rule for purposes of

congressional review. The establishment

of a uniform compliance date does not

impose either costs or benefits. For

future labeling requirements, FDA will

assess the costs and benefits of the

uniform compliance date as well as the

option of setting other dates.

Because FDA has issued this final rule

without first publishing a general notice

of proposed rulemaking, a final

regulatory analysis is not required by

the Regulatory Flexibility Act (5 U.S.C.

601–612). Nonetheless, the uniform

compliance date does not impose any

burden on small entities. The agency

will assess the costs and benefits of

setting alternative dates as part of the

regulatory flexibility analyses of future

labeling regulations.

FDA has analyzed this final rule in

accordance with the principles set forth

in Executive Order 13132. FDA has

determined that the rule does not

contain policies that have substantial

direct effects on the States, on the

relationship between the National

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Accordingly, the

agency has concluded that the rule does

not contain policies that have

federalism implications as defined in

the order and, consequently, a

federalism summary impact statement is

not required.

This action is not intended to change

existing requirements for compliance

dates contained in final rules published

before January 1, 2001. Therefore, all

final FDA regulations published in the

Federal Register before January 1, 2001,

will still go into effect on the date stated

in the respective final rule.

The agency generally encourages

industry to comply with new labeling

regulations as quickly as feasible,

however. Thus, when industry members

voluntarily change their labels, it is

appropriate that they incorporate any

new requirements that have been

published as final regulations up to that

time.

In rulemaking that began with

publication of a proposal on April 15,

1996 (61 FR 16422), and ended with a

final rule on December 24, 1996 (61 FR

67710), FDA provided notice and an

opportunity for comment on the

practice of establishing uniform

compliance dates by issuance of a final

rule announcing the date. Receiving no

comments objecting to this practice,

FDA finds any further rulemaking

unnecessary for establishment of the

uniform compliance date. Nonetheless,

under 21 CFR 10.40(e)(1), FDA is

providing an opportunity for comment

on whether this uniform compliance

date should be modified or revoked.

Interested persons may submit to the

Dockets Management Branch (address

above) written comments regarding this

final rule by February 5, 2001. Two

copies of any comments are to be

submitted, except that individuals may

submit one copy. Comments are to be

identified with the docket number

found in brackets in the heading of this

document. Received comments may be

seen in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday. After its review of any

comments received to this final rule,

FDA will either publish a document

providing its conclusions concerning

the comments or will initiate notice and

comment rulemaking to modify or

revoke the uniform compliance date

established by this final rule.

The new uniform compliance date

will apply only to final FDA food

labeling regulations that require changes

in the labeling of food products and that

publish after January 1, 2001, and before

December 31, 2002. Those regulations

will specifically identify January 1,

2004, as their compliance date. All food

products subject to the January 1, 2004,

compliance date must comply with the

appropriate regulations when initially

introduced into interstate commerce on

or after January 1, 2004. If any food

labeling regulation involves special

circumstances that justify a compliance

date other than January 1, 2004, the

agency will determine for that

regulation an appropriate compliance

date, which will be specified when the

final regulation is published.

Dated: November 8, 2000.

Margaret M. Dotzel,

Associate Commissioner for Policy.

[FR Doc. 00–29538 Filed 11–17–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8907]

RIN 1545–AX73

Application of the Anti-Churning Rules

for Amortization of Intangibles in

Partnerships

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final regulations.

SUMMARY: This document contains final

regulations relating to the amortization

of certain intangible property under

section 197. Specifically, the regulations

apply the anti-churning rules under

section 197(f)(9) to partnership

distributions resulting in basis

adjustments under sections 732(b) and

734(b). This document also amends

certain parts of the previously issued