## Federal 

# RePter
, Vol. 51. No. 43
, Wednesday. March 

## S. 1986 'Rules and Regulations 1S-l9



# .

[Docket No.I6-01SJ 

### ICFR Part 12 

### Animal 

### and PIlInt Health lnlIpectlon 

### SGrvIce

Dated: February Z8. 18ee. Joeeph A. 

### Gdbbia. 

### DireclDr. Fruit

### andVttJgewbJeDivnion. AgriculturoJMarkstill8Service. (FR Doc. 

### 86-4721 Filed 3-+88; 8:45 am) -.uNCi COOl!

........

PART 12-1MPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

SUMMARY: 

### Today's notice removes the U.S. Department ofEnergy rules regarding energy efficiency standards for kitchen ranges and ovens. clothes**~OrderU3'7Z**



### This program/activity is 

### listed in the Catalog ofFederal Domestic Assistance underNo. 1D.02S 

### and il 

### lubject to the provisione ofExecutive Order 12312 

### which requires intergovernmental coneultation with State andlocal officials. (See
., 

### CFRPart 3015. 

### Subpart V).



### Ull 

### ofSubjects

### in • CFR Part 92



### Animal diaeases. Canada. Imports. Liverstock 

### and livestockproducts. Mexico. Poultry and poultry products. Quarantine. Transportation. Wildlife.

Accordingly. the interim rule amending 9 CFR 

### Part 92 

### which was published at 50 FR 49344-49345 

### on December 2. 1985. 

### is adopted as a 

### final rule.

Authority: 7 U.S.C. 16Z2; 19 U.5.C 1306: 21 U.S.C. 102-105. 111. 134a. 134b, 134c, 134J. 134f, and 135: 7 CFR 2.17. 2.51. and 371.2id).

Done 

### at Washington, DC. this 27th duy of February 1986. G. 

### J. Fichtner. Acting DeputyAdministrol.Or. Veterina."}' Services. IFR Doc. 86-4819 Filed 3-4-86; 8:45 am]
IIIWNG CODE 3410-34-11

i)EPARTMENT OF ENERGY

### ':::p""""'~:10 

## -bl<-,;

Office of 

### Conservation and

## """C>~{o Renewable Energy

# J1t-~~~w~ /11\ 

# i SP/U1l

# -a'<..,

Energy Conservatla'ii 

### Program for 

## CA '!. COnsumer Products; Appliance """ 

# 4- Standards 

# {)'''r'-J

AGENCY: 

### Conservation Bnd Renewable Energy Office. DOE.
ACTION: 

### Final rules; Removal. claSles imported into the United States 

## durina thatl8JDeperiod.



### . Underthese c:irc:uJnetance

.. 

### the Adminitlratorofthe Animal and Plant Health Inspection Service has

. determined that 

### thiI action wiD nothave

a .lipif'icanteconomic impact on a nbstantial number

### ofIman entities. """""'UY INFOIIIIATIOII:



### Section

## tZ.Zp) of

### thereplatione In

### 9 CPR

### Part92, 

### amODl otherthlnga. authorizes the importation 

### ofcertain


### mares and 

### ataUionaover731 

### daya 

### ofage 

### Into 

### theUnited States from countries affected with contagious equine metritis (CEM) 

### when apec:if.ic requirements to preventtheirintroducing 

### CEM 

### Into the United States 

### are met, and the 

### animal, Imported are moved into approved States forfurther inspection. treatment, 

### andteltiJIS.

AdocumentpublishedIn the 

### Federal 

## RelisteronDecember 2, 1985 (50FR f930H-t9345). 

### setforth an Interimrule amendina 

### I 92.4 

### ofthe regu)ationeby adding Maryland and Ohio to the list of approved States authorized to receive 

### ncb mares. The addition ofMaryland and Ohio to the liit was based on the finding that

### they meet certain minimum 

### Itandards conceming treatment, 

## teatiDI, and bandliDB.procedures for these
mares.

The interimrule was made effective upon publication. Comments were solicited for 60 

### days after publication of the amendment. No comments were received. The factual situalion which
was set forth in the document of December2, 1985, 

### still prOVides a basis for the amendment.
Executive Order 122910d 

### Regulatory flexibility Act

This rule is issued in conformance with Executive Order 12291 

### and has been determined to be not a major rule, Based on information compiled by the Department. it has been determined that this rule will not have 

### a significant effect on the economy; will not cause a major increase in costs or prices for

consumers. individual industries. Federal. State. or local government agencies. or geographic regions; and will have no significant adverse effects on competition, employment. investment, productivity. innovation, or on the ability ofUnited States-based enterprises to compete with foreignbased enterprises in domestic or export markets.

For this action. the Office of Management and Budget has waived its review process required by Executive Order 12291.



### It 

### is anticipated that fewer than 28


### mares from countries affected with CEM 

### will be imported into the States of Maryland alld Ohio annually. This compares with approximately 3.340 stallions and mares (most ofthese were mares) imported intQ the United States from countries affected with CEM 

### during Fiscal Year 1984 and with approximately 36.000 horses ofall 

## • • • 

# • •

$peelfieally Approved States Authorized To Receive Mares Imported From CEM·Affected Coun'rles

r:"(;[;(·'/: 

### Animal and Plant Health lnspection Service. USDA.
AC',fOH: 

### Affirmation ofinterim rule.

gUf,llMARY: 

### This document affirms the interim rule which amended the regulations by adding Maryland and Ohio to the list ofapproved States authorized to receive certain mares imported into the United States from countries affected with contagious equine metritis (eEM). 

### This action is taken because the Deputy Admif,istrator. Veterinary Services. Animal and Plant Health lnspection Service. has determined that Maryland and Ohio have laws or regulations in effect to require the additional Inspection. treatment. and testing of such horses to further ensure their freedom from CEM 

### as required by the regulations. The amendment is necessary in order to avoid the Imposition ofUlUlecessary restrictions
on importers ofmares from 

### countries affected witl\ CEM.
EFFECTIVE DAT£: 

### MarCh 5. 1986.
FOfll'UflTWlOR INFORMATION CONTACT: 

### Dr. Allan A. Furr, Import-Export Animals and Products Staff. VS. APHIS. USDA. Room 846. Federal Building. 6505 Belcrest Road. Hyattsville. MD 20782, Wl--436-8170. 

### thicJcnesa. 

### Alao. OilioJUl may 

### be shipped 

### In 50. 40.25. and 

### zo.pollDcl carloDl, upoIl 

### approftl of

### the committee. 

### Sacb

. experimental ehqtmentllthaU

### be 

### exempt from 

### paragraph (e) of

### this Rctionbut 

### IhaU be handled in**a~rdance** 

### with

### the lIIlfeguard provlaione of

### I 9S9.M 

### and

-paragraph (g) 

### of

### this aection. The committee thaD 

### be notified ofcarton 

### Ib::e and 

### fumiahed a containermanifest, and 

### shippen must

### furnish the committee with outturn**repo~** 

### on nch lhipmentll.

## 1S6O F."ral Register 

# I Vol. 51. No. 

## 43 

# I WedDesd8y. March S. 1981 

# I Rules and Regulations

i------."Yers. fumacel,ceotnaJ air ndilioners. refrigerators and Jrigerator-freezera. 

### freezers. water 'neaters and 

### room air coDditioners and

removes rulea

### grantinB petitions fnmr five States requestiq. 

### in each 

### case. that the State energy 

### emciency 

### .taDdud

## for clothea dryers and

### lorkitchen

# ranaea and ovens 

### be exempted from preemption by the 

### Fed.ratdmdarda rules for these two products

.. IEFFEC'iiVII DATI: 

### March 5, 198&
FOR FURTHiR INFORMATlOil CONTACT: Michael

## J. McCabe. 

### U.S. Department of

Energy. Office ofConservation and Renewable Energy. 

### Mail Station 

### CE132, Forrestal Buifding. 

### 1000 Independence Avenue. 

### SW•• Washington. DC 20585. (Z02) 252-9127 Eugene Margolis. Esq.• 

### U.S. Department

ofEnergy. Office ofGeneral Counsel. Mail Station CE-12; ForrestaJ Building. 1000 Independence Avenue SW•• Washington. DC 2058i. (202) 252-951:\

SUPPLEMENTARY INFORMATlON: The Energy Conservation Program 

### fO!' Consumer Products was established pursuant to the Energy Policy and ConservaHon Act (EPCA) (Pub. 

### L 94- 163,87 Stal. 917), as amended 

### by the National 

### Ene;-gy Conp;ervation Policy

-t (:N"ECPA) (?1Jb. L 95-619.92 Stat. J6j. which requires 

### DOE 

### to eltablish ,ergy efficiency siandards that are desiglled to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. Section 325 (a)(1} and (e). The Act proVides. however. that

no standard is to be established ifthere is no test procedure for the product or if' DOE determines by 

### rule either that 

### a standard would not result in significant conservation ofenergy or that a stan.o:lord is not t!!Chnologically feasibll!'!

or econof"!cally jlls!ified. Section 325(b).**S~c1ion** 327 ofthe ,4,(;( addresses the "ffect of**}'ed.~ral** rulell concerning testing. labeling. and standarda on State laws or regulations concerning such matters. Generally. all 

### :w.ch State lawa

or regulations are superseded by the Federal rule. Section 3Z7(a}. A rule by DOE that an efficiency standard is not technologically feasible. economically justified. or likl'!ly to save significant amounts ofenergy would 

### be a rule that supersedes any Slate Itandard. Section 325(b). 

### A State whose energy efficiency standard would be superseded. hewever. may petition 

### the Department for a rule that it not 

### be tuperaeded. <!'!clion 3Z7(b}(3).

)1\Di!ocember 15. 1932, DOE iuued a



### . il rule wiih respect to two covered ",,·oducts. dotrals dryers. and kitchen ranges and oven•. 47 FR 57198 

### (December

## zz,1MZ). (Hereafter

### referred


### to 8a the

### December 1982rule.) With reapect

### to both products. 

### OOE determiDed 

### that a 

### .tandard would Dot resuk 

### ill Bipificant CODlIIlI'9atioa 

### of

. eDe1'8Y

### andwould not

### be economically 

### justified. The December

# 1_

rule 

### alao establillbedprocet:bues 

### 8OVtIJ'DinB petitiOll8 to OOB

### by Shltea 

### to obtain exempticm

### from preemption 

### ofState of local en.., eRicienc:y atandards. 

### On August 

### 25. 1183. DOE

### lIned. final rule with retpf!Ct 

### to aix 

### further covered products: Refrigerators and refrigerator

### freezers. freezers. waterheaters. furnaces. room air conditfonen and central air conditioners. 

### 48 FR 39376 (August 

### SO. 1983). (Hereafter referred 

### to

as the AU81J8l 1983 rule.) For each of

### the six products covered by the Auguat 1983 rule. except ceDtral air conditioners. DOE determiDed that an auergy: efficiency 

### 5tandard. would not result in**signifi~t** coneervation 

### of energy and would not be economically justified. With respect 

### to central air conditioners. DOE found that an energy efficiem:y standard would result in a significant conservation ofenergy but would not 

### be economically justified.

On March 15. 1984, DOE issued final rules granting petitions from the States ofCalifornia. New York, Wisconsin. Minnesota and Oregon. requesting. in each case, that the State energy efficiency standard for clothes dryel'$ and

## Ior kitchen ranges and ovens be exempted 

### from Federal preemption. 49 FR 11764 (March 27.1964).



# n. December 1962 and August 1983 final rules 

### were challenged in a lawsuit brought 

### by the 

### Namal Rell'OUfCes DefeMe Council (NRDC) and others against 

### the Department ofEnergy. The Court ofAppeals granted NRDC's petition and set aside DOE's December 1982 and August 1983 final rules. 

### NRDC



### v. 

### Herrington. 768 F.2d 1355 (D.C. Cir. 1985). That decilion having now beCome final. the Department 

### is removing these rules from 

### the Code 

### ofFederal Regulations. Similarly. the Depanment is removill8 fUlal rule. granting five States exemption from two ofthe rules which have been set aside.

In consideration ofthe foregoing. Part' 430 

### ef Chapter

## n ofTitle 11). Code of Federal Regulations. is amended as set forth below.



### Wt of

### Subtem Ia 18

## en Part 430

Administrative practice and procedure. Energy conMl'Vati01l, Household appliances. 

### IIIlII!dill WuIdqtoD. DC February 12- 19l18. IJoaDa

### R. I'ItIpaIllcL Auistont!JecnItllTy. COllllervotionand Renewrzba Enwgy.


### PARr430-ENERGY CONSERVATION PROGRAM FOR CONSUMER 

### PRODUCTS

1. The authority citation for Part 430 is revised to read as follows:

Authority. 

### Energy Policy and Conservation Act. Title III,Part B. as amended by National Energy Conservation Pollcy Act. Title IV. Part 2. (42 U.S.C. 6291-Q(9).

2. Section 430.32 ia removed and reserved.
§ 430.32 Final energy efficiency atandarcla.IR

...rved)

3. Section 430.33 is removed and reserved.
§ 430.33 PreemptIon of Stat. regulation&. [R• ..."edJ [FR Doc. llll-4808 Filed 3-4-86; 8;4S amI ..LLIItQ COOl.
_, ..



### SMALL BUSINESS ADMINISTRATION

13 CFR Part 105

[Rev. 2. Amell. 6)
Standards of Conduct; Conflict of Intereat

AGENCY: Small Business Administration.

ACTION: Final rule.

SUMMARY: The internal organization of the Agency, Office ofGeneral Counsel has been altered by a reorganization. As part 

### ofthis reorganization. the responsibilities 

### ofthe Agency Standards ofConduct Counselor and the Agency Ethics Officer were transferred from the Associate General Counsel for Financial Law 10 the Deputy General Counsel. The purpose ofthis amendment is to reflect this transfer ofdutie,s in the Agency's regulations.
EFFECTIVE DATE: March 9, 1986.
FOR FURTHER INFORMATION CONTACT: Michael 

### F. Kinkead. Attorney. Small Business Administration. Room 722. 1441 L Street**NW~** Washington. DC 20416. (202)653-6381.
SUPPLEMENTARY INfIOlItMATlON: SBA is publishing this rule change,in final form since it relates only to Agency management and is. therefore. exempt from 

## th:e requirement's ofthe Adminilftrative Procedure Act (5 U.S.C

. 

### 551. etseq.). the Regulatory Flexibility Act (5 U.S.C. 601,.et seq.) and Executive Orders 12291.