2116 Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Rules and Regulations

Authority: Secs. 201, 402, 409, 721 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321, 342, 348, 379e).

2. Section 178.3297 is amended in

paragraph (e) in the table by

alphabetically adding a new entry under

the headings ‘‘Substances’’ and

‘‘Limitations’’ to read as follows:

§ 178.3297 Colorants for polymers.

* * * * *

(e) * * *

Substances Limitations

* * * * * * *

4,5,6,7-Tetrachloro-2-[2-(4,5,6,7-tetrachloro-2,3-

dihydro-1,3-dioxo-1H-inden-2-yl)-8-quinolinyl]-1Hisoindole-1,3(2H)-dione (C. I. Pigment Yellow 138,

CAS Reg. No.30125–47–4).

For use only at levels not to exceed 1 percent by weight of polymers. The finished articles are to contact food only under conditions of use C through H, as described in

Table 2 of § 176.170(c) of this chapter; provided further that the finished articles shall

not be filled at temperatures exceeding 158 °F (70 °C).

* * * * * * *

Dated: January 17, 1996.

William K. Hubbard,

Associate Commissioner for Policy

Coordination.

[FR Doc. 96–1144 Filed 1–24–96; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF JUSTICE

28 CFR Part 49

[AG Order No. 2005–96]

RIN 1105–AA37

Use and Examination of Materials

Submitted Pursuant to the Antitrust

Civil Process Act

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This rule finalizes changes

made by an interim rule published on

August 25, 1995 at 60 FR 44276 to a

Department of Justice regulation

concerning the use and examination of

materials submitted pursuant to the

Antitrust Civil Process Act (‘‘ACPA’’ or

‘‘Act’’). The interim rule added

references to ‘‘answers to

interrogatories’’ and ‘‘transcripts of oral

testimony’’ as types of material subject

to the provisions of the ACPA and also

added references to ‘‘agents’’ of the

Department of Justice having the

authority to use and copy such

materials. These changes were necessary

to conform the language of the

regulation to the current provisions of

the Act. The interim rule also made

minor changes to the spelling and

capitalization of certain words used in

the regulation for purposes of

conformity with the Act and internal

consistency.

DATES: This Final Rule is effective

January 25, 1996.

FOR FURTHER INFORMATION CONTACT:

Howard Blumenthal, Assistant Chief,

Legal Policy Section, Antitrust Division,

Room 3121, Main Justice Building, 10th

& Pennsylvania Avenue NW.,

Washington, DC 20530; telephone (202)

514–2513.

SUPPLEMENTARY INFORMATION: Congress

enacted the ACPA, Pub. L. No. 87–664

(codified at 15 U.S.C. 1311–14, as

amended), in 1962 to provide the

Antitrust Division (‘‘Division’’) of the

Department of Justice with the authority

to issue civil investigative demands

(‘‘CIDs’’), a type of pre-complaint

compulsory process. CIDs enable the

Division to gather information

concerning possible civil violations of

the antitrust laws before filing lawsuits,

which often permits the Department of

Justice to determine that no antitrust

violation has occurred without resort to

litigation. Thus, the use of CIDs will

frequently save the Department of

Justice, the parties being investigated,

and the federal court system time and

money through the avoidance of

unnecessary litigation or the

streamlining of any litigation that does

result from an investigation.

The CID authority provided to the

Division in 1962 was relatively narrow.

The only type of information that the

Division could acquire by CID was

documentary material. Without the

consent of the person who produced

such material, access to CID information

in the possession of the Division was

generally limited to officers, members,

or employees of the Department of

Justice.

The Division’s CID authority was

expanded by the Hart-Scott-Rodino

Antitrust Improvements Act of 1976

(‘‘HSR Act’’), Pub. L. No. 94–435. In

addition to producing documentary

material, CID recipients could now be

required to answer in writing written

interrogatories and to give oral

testimony. In the Antitrust Procedural

Improvements Act of 1980 (‘‘APIA’’),

Pub. L. No. 96–349, Congress clarified

that CID information in the possession

of the Division could be disclosed to

and used by agents of the Department of

Justice (for example, expert witnesses or

independent contractors) as well as by

officers and employees.

The ACPA requires the Attorney

General to promulgate regulations

setting forth the manner in which CID

materials in the possession of the

Division will be made available for

official use by the Department of Justice,

and to prescribe the terms and

conditions under which such materials

may be examined by the persons who

produced them to the Division. The

Attorney General promulgated 28 CFR

part 49 in 1963 to comply with this

requirement. However, this regulation

was not amended to reflect the changes

to the Act made by the HSR Act in 1976

or the APIA in 1980. The purpose of this

order is to make final an interim rule

published on August 25, 1995 at 60 FR

44276, which amended the pre-existing

regulation to conform with the current

provisions of the ACPA.

The rule now being finalized differs

from the pre-existing regulation in two

main respects. First, references in the

pre-existing regulation to the use and

examination of documentary material in

the possession of the Division were

expanded, where and as appropriate, to

also refer to answers to interrogatories

and transcripts of oral testimony to take

into account the additional types of

information that can be acquired under

the ACPA as amended by the HSR Act.

Second, references to the use and

copying of CID information by officers

and employees of the Department of

Justice were expanded to also include

agents of the Department of Justice to

reflect the change to the Act made by

the APIA. The rule now being finalized

also differs from the pre-existing

regulation in several technical respects.
Federal Register / Vol. 61, No. 17 / Thursday, January 25, 1996 / Rules and Regulations 2117

Essentially, the capitalization of certain

words (Act, custodian, civil

investigative demand) was made

consistent throughout the regulation,

and the term ‘‘civil investigation

demand’’ was changed to ‘‘civil

investigative demand,’’ which is the

term used in the statute.

The above-mentioned interim rule

included a 60-day public comment

period. The Department received no

comments before the comment period

expired on October 24, 1995. The

Department has determined to issue the

rule in final form without revision to the

interim rule.

Regulatory Flexibility Act

The Attorney General, in accordance

with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed this

regulation and by approving it certifies

that this regulation will not have a

significant economic impact on a

substantial number of small entities.

Executive Order 12612

This regulation will not 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. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12866

This regulation has been drafted and

reviewed in accordance with Executive

Order 12866, § 1(b), Principles of

Regulation. The Department of Justice

has determined that this rule is not a

‘‘significant regulatory action’’ under

Executive Order 12866, § 3(f), and

accordingly this rule has not been

reviewed by the Office of Management

and Budget.

Accordingly, the interim rule

amending 28 CFR part 49 that was

published at 60 FR 44276 on August 25,

1995, as corrected at 60 FR 61290 on

November 29, 1995, is adopted as a final

rule without change.

Dated: January 16, 1996.

Janet Reno,

Attorney General.

FR Doc. 96–1091 Filed 1–24–96; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF LABOR

29 CFR Part 215

RIN 1294–AA14

Office of Labor-Management

Programs; Guidelines, Section 5333(b),

Federal Transit Law

AGENCY: Office of Labor-Management

Programs, Office of the American

Workplace, Labor.

ACTION: Confirmation of effective date.

SUMMARY: The Office of LaborManagement Programs published a

notice in the January 5, 1996 Federal

Register (61 FR 386) deferring the

effective date of implementation of

guidelines for the employee protection

program under Title 49 U.S.C., Chapter

53, Section 5333(b) of the Federal

Transit law. Pursuant to the January 5,

notice, the original effective date,

January 8, 1996, was extended for a

period equal to the duration of the

furlough caused by the partial

government shutdown that began on

December 16, 1995.

This document announces and

confirms that the new effective date of

the guidelines will be January 29, 1996.

This action was taken because the

temporary closing of government offices

and the furlough of Department of Labor

(the Department) employees responsible

for the administration of this program

precluded the Office of LaborManagement Programs from

undertaking the necessary staff training

and preparation of materials and

documents to allow for implementation

of the guidelines.

EFFECTIVE DATE: The new effective date

of the guidelines is January 29, 1996.

FOR FURTHER INFORMATION CONTACT:

Kelley Andrews, Director, Statutory

Programs, U.S. Department of Labor,

200 Constitution Avenue, NW., Room

N–5411, Washington, DC 20210, (202)

219–4473.

SUPPLEMENTARY INFORMATION:

I. Rationale

The Office of Labor-Management

Programs, Office of the American

Workplace, hereby confirms that

January 29, 1996 will be the new

effective date of the guidelines for the

administration of the transit employee

protection program pursuant to Section

5333(b) of the Federal Transit law,

commonly referred to as ‘‘Section

13(c)’’, (FR Vol. 60, No. 235, pg. 62964,

December 7, 1995).

II. Publication in Final

The Department finds good cause that

public comment on the confirmation of

the effective date of these guidelines to

be impracticable and unnecessary

because the Department is forced to take

this action due to the temporary closing

of Federal offices and the furlough,

caused by the partial government

shutdown, affecting the Department

employees who administer this

program. 5 U.S.C. 553(b)(B).

List of Subjects in 29 CFR Part 215

Grant administration; Grants—

transportation; Labor-management

relations; Labor unions; Mass

transportation.

Accordingly, the amendment of 29

CFR Chapter II published at FR Vol. 60,

No. 235, pg. 62964, December 7, 1995,

is deferred until January 29, 1996.

Signed at Washington, DC this 22nd day of

January, 1996.

Charles L. Smith,

Deputy Assistant Secretary.

[FR Doc. 96–1232 Filed 1–24–96; 8:45 am]

BILLING CODE 4510–86–M

DEPARTMENT OF DEFENSE

Corps of Engineers

33 CFR Part 334

Sinclair Inlet, Puget Sound, Bremerton,

WA; Naval Restricted Areas

AGENCY: U.S. Army Corps of Engineers,

DoD.

ACTION: Final rule.

SUMMARY: The Corps is adopting as a

final rule without modification, an

interim final rule which amends the

regulations reestablishing two restricted

areas in the waters of Sinclair Inlet

adjacent to the Puget Sound Naval

Shipyard (PSNS), Bremerton,

Washington. The amendments made by

the interim final rule are essential to

safeguard U.S. Navy vessels and

Government facilities from sabotage and

other subversive acts, accidents, or other

incidents of a similar nature. The

promulgation of this final rule is also

necessary to protect vessels and

individuals from the dangers associated

with the industrial waterfront facilities

at the shipyard.

DATES: Effective January 25, 1996.

ADDRESSES: HQUSACE, CECW–OR,

Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT:

Mr. Jonathan Freedman, Regulatory

Branch, Seattle District at (206) 764–

3495, or Mr. Ralph Eppard, Regulatory

Branch, CECW–OR at (202) 761–1783.

SUPPLEMENTARY INFORMATION: Pursuant

to its authorities in Section 7 of the