Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations 21311

considered to be small entities and, if

so, to analyze the economic impact on

such entities at that time. The technical

amendment to Regulation 1.17(c)(5)(v)

and the amendment to Regulation

1.17(e) easing the restriction on the

withdrawal of equity capital from an

FCM do not impose additional

requirements on an IB. The amendment

to Regulation 1.17(h)(1)(iii) increasing

the haircut on equity securities

submitted as collateral for a secured

demand note may have a minimal

economic impact on an IB’s financial

operations. The amendment, however,

conforms the Commission’s rules to

those of the SEC and restores the haircut

to its previous level prior to the SEC

amendment of its capital rules in

December 1992. Furthermore, no

comments were received in response to

the Commission’s specific request for

comments on the impact these rules, as

proposed, would have on small entities.

Thus, on behalf of the Commission, the

Chairman certifies that the rule

amendments will not have a significant

economic impact on a substantial

number of small entities.

B. Paperwork Reduction Act

The Paperwork Reduction Act of 1995

(PRA), 44 U.S.C. 3501 et seq., requires

federal agencies (including the

Commission) to review rules and rule

amendments to evaluate the information

collection burden that they impose on

the public. The Commission believes

that paragraphs (c)(5)(v), (e)(1)(ii), and

(h)(1)(iii) of Rule 1.17, as amended, do

not impose an information collection

burden on the public.

List of Subjects in 17 CFR Part 1

Brokers, Commodity futures.

In consideration of the foregoing and

pursuant to the authority contained in

the Commodity Exchange Act and, in

particular, Sections 4f, 4g and 8a (5)

thereof, 7 U.S.C. 6d, 6g and 12a(5), the

Commission hereby amends Chapter I of

Title 17 of the Code of Federal

Regulations as follows:

PART 1—GENERAL REGULATIONS

UNDER THE COMMODITY EXCHANGE

ACT

1. The authority citation for Part 1

continues to read as follows:

Authority: 7 U.S.C. 1a, 2, 2a, 4, 4a, 6, 6a,

6b, 6c, 6d, 6e, 6f, 6g, 6h, 6i, 6j, 6k, 6l, 6m,

6n, 6o, 6p, 7, 7a, 7b, 8, 9, 12, 12a, 12c, 13a,

13a–1, 16, 16a, 19, 21, 23, and 24.

2. Section 1.17 is amended by revising

paragraphs (c)(5)(v), (e)(1)(ii), and

(h)(1)(iii) to read as follows:

§ 1.17 Minimum financial requirements for

futures commission merchants and

introducing brokers.

* * * * *

(c) * * *

(5) * * *

(v) In the case of securities and

obligations used by the applicant or

registrant in computing net capital, and

in the case of a futures commission

merchant with securities in segregation

pursuant to section 4d(2) of the Act and

the regulations in this chapter which

were not deposited by customers, the

percentages specified in Rule 240.15c3–

1(c)(2)(vi) of the Securities and

Exchange Commission (17 CFR

240.15c3–1(c)(2)(vi)) (‘‘securities

haircuts’’) and 100 percent of the value

of ‘‘nonmarketable securities’’ as

specified in Rule 240.15c3–1(c)(2)(vii)

of the Securities and Exchange

Commission (17 CFR 240.15c3–

1(c)(2)(vii));

* * * * *

(e)* * *

(1)* * *

(ii) For a futures commission

merchant or applicant therefor, 6

percent of the following amount: The

customer funds required to be

segregated pursuant to the Act and the

regulations in this part and the foreign

futures or foreign options secured

amount, less the market value of

commodity options purchased by

customers on or subject to the rules of

a contract market or a foreign board of

trade for which the full premiums have

been paid: Provided, however, That the

deduction for each customer shall be

limited to the amount of customer funds

in such customer’s account(s) and

foreign futures and foreign options

secured amounts;

* * * * *

(h)* * *

(1)* * *

(iii) The term ‘‘collateral value’’ of any

securities pledged to secure a secured

demand note means the market value of

such securities after giving effect to the

percentage deductions specified in Rule

240.15c3–1d(a)(2)(iii) of the Securities

and Exchange Commission (17 CFR

240.15c3–1d(a)(2)(iii)).

* * * * *

Issued in Washington D.C. on April 12,

2000 by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 00–9647 Filed 4–20–00; 8:45 am]

BILLING CODE 6351–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 175

[Docket No. 98F–0675]

Indirect Food Additives: Adhesives

and Components of Coatings

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 polyethylenepolyamines

as cross-linking agents for epoxy resins

in coatings intended for use in contact

with food. This action responds to a

petition filed by the Dow Chemical Co.

DATES: This rule is effective April 21,

2000; submit written objections and

requests for a hearing by May 22, 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:

Hortense S. Macon, Center for Food

Safety and Applied Nutrition (HFS–

216), Food and Drug Administration,

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

202–418–3086.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

August 24, 1998 (63 FR 45073), FDA

announced that a food additive petition

(FAP 8B4606) had been filed by The

Dow Chemical Co., 2030 Dow Center,

Midland, MI 48674. The petition

proposed to amend the food additive

regulations in § 175.300 Resinous and

polymeric coatings (21 CFR 175.300) to

provide for the safe use of

polyethylenepolyamines (PEPA’s) as

cross-linking agents for epoxy resins in

coatings intended for use in contact

with food.

In its evaluation of the safety of

PEPA’s, FDA has reviewed the safety of

the additive itself and the chemical

impurities that may be present in the

additive resulting from its

manufacturing process. Although

PEPA’s have not been shown to cause

cancer, they could contain minute

amounts of unreacted starting material,

ethylene dichloride (1,2-

dichloroethane), a carcinogenic

impurity. However, FDA concludes that

1, 2-dichloroethane is not likely to be

present in the final food contact

material in an amount that could

present a safety concern for the

21312 Federal Register / Vol. 65, No. 78 / Friday, April 21, 2000 / Rules and Regulations

following reasons. Based on the low

boiling point of 1,2-dichloroethane

relative to PEPA’s, residual 1,2-

dichloroethane would be expected to be

removed during any purification

process of PEPA’s. Any residual 1,2-

dichloroethane in PEPA’s would also be

expected to be removed on curing of

epoxy resins with PEPA’s. In addition,

because epoxy resins cured with PEPA’s

will be allowed only for repeat-use

applications, any 1,2-dichloroethane

that could be present in food would be

minimized by evaporation and washing

of the surface before food is added and

by the large volume of food in contact

with the cured resin over its service

lifetime. Based on this information, the

agency concludes that the proposed use

of the additive is safe, and that the

additive will achieve its intended

technical effect. Therefore, the agency

concludes that the regulations in

§ 175.300 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.

The agency has previously considered

the environmental effects of this rule as

announced in the notice of filing for

FAP 8B4606 (63 FR 45073). 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.

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.

Any person who will be adversely

affected by this regulation may at any

time on or before May 22, 2000, file

with the Dockets Management Branch

(address above) written objections

thereto. 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

shall be submitted and shall 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 175

Adhesives, Food additives, Food

packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs, 21 CFR part 175 is

amended as follows:

PART 175—INDIRECT FOOD

ADDITIVES: ADHESIVES AND

COMPONENTS OF COATINGS

1. The authority citation for 21 CFR

part 175 continues to read as follows:

Authority: 21 U.S.C. 321, 342, 348, 379e.

2. Section 175.300 is amended in

paragraph (b)(3)(viii)(b) by

alphabetically adding an entry to read as

follows:

§ 175.300 Resinous and polymeric

coatings.

* * * * *

(b) * * *

(3) * * *

(viii) * * *

(b) * * *

Polyethylenepolyamine (CAS Reg. No.

68131–73–7), for use only in coatings

intended for repeated use in contact

with food, at temperatures not to exceed

180 °F (82 °C).

* * * * *

Dated: April 14, 2000.

Margaret M. Dotzel,

Acting Associate Commissioner for Policy.

[FR Doc. 00–9941 Filed 4–20–00; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 31

[TD 8880]

RIN 1545–AU46

Relief From Disqualification for Plans

Accepting Rollovers

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final regulations.

SUMMARY: This document contains final

regulations under section 401(a)(31) of

the Internal Revenue Code. These final

regulations provide specific rules that

grant relief from disqualification to an

eligible retirement plan that

inadvertently accepts an invalid rollover

contribution. The final regulations also

clarify that it is not necessary for a

distributing plan to have a favorable IRS

determination letter in order for a plan

administrator of a receiving plan to

reach a reasonable conclusion that a

contribution is a valid rollover

contribution.

DATES: These regulations are effective

on April 21, 2000.

FOR FURTHER INFORMATION CONTACT:

Pamela R. Kinard, (202) 622–6030 (not

a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

On September 22, 1995, the Treasury

Department and the IRS published in

the Federal Register (60 FR 49199) Final

Income Tax Regulations (TD 8619)

under sections 401(a)(31) and 402(c).

The final regulations provide guidance

for complying with the Unemployment

Compensation Amendments of 1992

(UCA). A proposed amendment to the

regulations (REG–245562–96) under

section 401(a)(31) was published in the

Federal Register (61 FR 49279) on

September 19, 1996. The 1996 proposed

regulations under sections 401(a)(31)

and 402(c) expand and clarify the

guidance previously issued in the Final

Income Tax Regulations. On December

17, 1998, an amendment to the

proposed regulations (REG–245562–96)

under section 401(a)(31) was published

in the Federal Register (63 FR 69584).

This amendment to the proposed

regulations was issued in response to

the congressional directive in section

1509 of Taxpayer Relief Act of 1997

(TRA ’97), which directs the IRS to issue

guidance clarifying that it is not

necessary for a distributing plan to have

a favorable IRS determination letter in

order for a plan administrator of a