39784 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

maturation after slaughter. It

additionally requires ante- and postmortem inspections of animals from

which fresh beef intended for

importation into the United States

comes, requires that APHIS

representatives be allowed access to

slaughtering establishments for periodic

inspections, and clarifies certain

provisions of the regulations.

Bovine Parts

There are many byproducts of beef

production, including hide, hooves,

tallow, blood meal, bone meal, head

meat, tongue, lungs, tripe, and other

organs. Parts used as food can be

collectively termed edible offal. Exports

of edible offal from the United States are

over 10 times greater than U.S. imports

of these products. This position as a

strong net exporter reflects a domestic

market in which prices are affected

minimally, if at all, by the limited U.S.

demand for imports. Canada, Australia,

and New Zealand are the major foreign

sources of edible offal for the United

States, supplying more than 95 percent

of the products imported.

Edible offal imports from Argentina in

1998 and 1999, the only years for which

such imports are recorded, are relatively

small. They totaled 13.8 metric tons and

460.2 metric tons, respectively, and had

values of $41,000 and $1,052,000.

Although the amount and value of the

importations for 1999 show significant

increases over 1998, they represent only

1.3 percent of U.S. edible offal imports.

Entities Affected

The entities in the United States most

likely to be directly affected by this rule

are meatpacking plants that import

edible offal from Argentina. While there

may be small entities affected by this

rule, their number is not known.

However, because edible offal imports

from Argentina constitute a very small

fraction of edible offal imports overall,

and because U.S. imports of these

products represent less than 10 percent

of U.S. exports of such products, the

effects of this rule on all entities, large

or small, is expected to be insignificant.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant impact on a

substantial number of small entities.

Executive Order 12988

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This interim rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 94

Animal diseases, Imports, Livestock,

Meat and meat products, Milk, Poultry

and poultry products, Reporting and

recordkeeping requirements.

Accordingly, we are amending 9 CFR

part 94 as follows:

PART 94—RINDERPEST, FOOT-ANDMOUTH DISEASE, FOWL PEST (FOWL

PLAGUE), EXOTIC NEWCASTLE

DISEASE, AFRICAN SWINE FEVER,

HOG CHOLERA, AND BOVINE

SPONGIFORM ENCEPHALOPATHY:

PROHIBITED AND RESTRICTED

IMPORTATIONS

1. The authority citation for part 94

continues to read as follows:

Authority: 7 U.S.C. 147a, 150ee, 161, 162,

and 450; 19 U.S.C. 1306; 21 U.S.C. 111, 114a,

134a, 134b, 134c, 134f, 136, and 136a; 31

U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR

2.22, 2.80, and 371.2(d).

2. Section 94.21 is revised to read as

follows:

§ 94.21 Restrictions on importation of beef

from Argentina.

Notwithstanding any other provisions

of this part, fresh (chilled or frozen) beef

from Argentina may be exported to the

United States under the following

conditions:

(a) The meat is beef from bovines that

have been born, raised, and slaughtered

in Argentina.

(b) Foot-and-mouth disease has not

been diagnosed in Argentina within the

previous 12 months.

(c) The meat came from bovines that

originated from premises where footand-mouth disease and rinderpest have

not been present during the lifetime of

any bovines slaughtered for the export

of meat to the United States.

(d) The meat came from bovines that

originated from premises on which

ruminants and swine had not been

vaccinated with modified or attenuated

live viruses for foot-and-mouth disease

at any time during the lifetime of the

bovines slaughtered for export of meat

to the United States.

(e) The meat came from bovines that

have never been vaccinated for

rinderpest.

(f) The meat came from bovines that

were moved directly from the premises

of origin to the slaughtering

establishment without any contact with

other animals.

(g) The meat came from bovines that

received ante-mortem and post-mortem

veterinary inspections at the

slaughtering establishment, with no

evidence found of foot-and-mouth

disease.

(h) The beef consists only of bovine

parts that are, by standard practice, part

of the animal’s carcass that is placed in

a chiller for maturation after slaughter.

Bovine parts that may not be imported

include all parts of bovine heads, feet,

hooves, and internal organs.

(i) All bone and visually identifiable

blood clots and lymphoid tissue have

been removed from the meat.

(j) The meat has not been in contact

with meat from regions other than those

listed in § 94.1(a)(2).

(k) The meat came from bovine

carcasses that were allowed to maturate

at 40 to 50 § F (4 to 10 § C) for a

minimum of 36 hours after slaughter

and that reached a pH of 5.8 or less in

the loin muscle at the end of the

maturation period. Any carcass in

which the pH does not reach 5.8 or less

may be allowed to maturate an

additional 24 hours and be retested,

and, if the carcass still does not reach

a pH of 5.8 or less after 60 hours, the

meat from the carcass may not be

exported to the United States.

(l) An authorized official of Argentina

certifies on the foreign meat inspection

certificate that the above conditions

have been met.

(m) The establishment in which the

bovines are slaughtered allows periodic

APHIS inspection of its facilities,

records, and operations.

Done in Washington, DC, this 22nd day of

June 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–16314 Filed 6–27–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 436

RIN 1904–AB07

Energy Savings Performance

Contracting; Technical Amendments

AGENCY: Department of Energy.

ACTION: Final rule.

SUMMARY: The Department of Energy

(DOE) is amending the sunset provision

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39785

in its regulations on energy savings

performance contracting to incorporate

the new sunset date established by the

Energy Conservation Reauthorization

Act of 1998. In addition, DOE is

updating references to certain Federal

Acquisition Regulation (FAR)

provisions in a section of these

regulations that deals with unsolicited

energy savings performance contract

proposals.

EFFECTIVE DATE: The final rule is

effective on June 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Tatiana Strajnic Muessel, Office of

Federal Energy Management Programs,

EE–90, 1000 Independence Ave., S.W.,

Washington, DC 20585; telephone: 202–

586–9230.

SUPPLEMENTARY INFORMATION:

I. Explanation of Technical

Amendments

When first enacted, section 801(c) of

the National Energy Conservation Policy

Act provided that the authority to enter

into new energy savings performance

contracts under that Act ‘‘shall cease to

be effective five years after the date

procedures and methods are established

under subsection (b)’’ (42 U.S.C.

8287(c)). DOE incorporated this sunset

provision in regulations it promulgated

on April 10, 1995 (60 FR 18334), and

codified in Subpart B of 10 CFR Part

436. Thus, under the original provision,

the authority of Federal agencies to

award energy savings performance

contracts expired on April 10, 2000.

In the Energy Conservation

Reauthorization Act of 1998, Public Law

105–388, Congress amended the sunset

provision relating to energy savings

performance contracts (42 U.S.C.

8287(c)) to provide that the authority to

enter into new energy savings

performance contracts ceases to be

effective on October 1, 2003. DOE is

promulgating a technical amendment to

10 CFR 436.30(a) to incorporate the new

statutory sunset date in its regulations.

Today’s rule also revises 10 CFR

436.33(b)(1) to update the references to

the FAR in that paragraph, which relates

to DOE’s consideration of unsolicited

proposals for energy savings

performance contracts.

II. Regulatory and Procedural

Requirements

A. Review Under Executive Order 12866

DOE determined that today’s

regulatory action is not ‘‘a significant

regulatory action’’ under Executive

Order 12866, ‘‘Regulatory Planning and

Review’’ (58 FR 51735, October 4, 1993).

Accordingly, this action was not subject

to review under that Executive Order by

the Office of Information and Regulatory

Affairs of the Office of Management and

Budget (OMB).

B. Review Under Executive Order 12988

With respect to the review of existing

regulations and the promulgation of

new regulations, section 3(a) of

Executive Order 12988, ‘‘Civil Justice

Reform’’ (61 FR 4729, February 7, 1996)

imposes on Executive agencies the

general duty to adhere to the following

requirements: (1) Eliminate drafting

errors and ambiguity; (2) write

regulations to minimize litigation; and

(3) provide a clear legal standard for

affected conduct rather than a general

standard and promote simplification

and burden reduction. With regard to

the review required by section 3(a),

section 3(b) of Executive Order 12988

specifically requires that Executive

agencies make every reasonable effort to

ensure that the regulation: (1) Clearly

specifies the preemptive effect, if any;

(2) clearly specifies any effect on

existing federal law or regulation; (3)

provides a clear legal standard for

affected conduct while promoting

simplification and burden reduction; (4)

specifies the retroactive effect, if any; (5)

adequately defines key terms; and (6)

addresses other important issues

affecting clarity and general

draftsmanship under any guidelines

issued by the Attorney General. Section

3(c) of Executive Order 12988 requires

Executive agencies to review regulations

in light of applicable standards in

section 3(a) and section 3(b) to

determine whether they are met or it is

unreasonable to meet one or more of

them. DOE has completed the required

review and determined that, to the

extent permitted by law, this final rule

meets the relevant standards of

Executive Order 12988.

C. Review Under the Regulatory

Flexibility Act

The Regulatory Flexibility Act (5

U.S.C. 601 et seq.) requires preparation

of an initial regulatory flexibility

analysis for any rule that by law must

be proposed for public comment, unless

the agency certifies that the rule, if

promulgated, will not have a significant

economic impact on a substantial

number of small entities. Because DOE

is not required by the Administrative

Procedure Act (5 U.S.C. 553) or any

other law to propose this technical

amendment for public comment, DOE

did not prepare a regulatory flexibility

analysis for this rule.

D. Review Under the Paperwork

Reduction Act

No new collection of information is

imposed by this interim final rule.

Accordingly, no clearance by the Office

of Management and Budget is required

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

E. Review Under the National

Environmental Policy Act

DOE has concluded that promulgation

of this rule falls into a class of actions

that would not individually or

cumulatively have a significant impact

on the human environment, as

determined by DOE’s regulations

implementing the National

Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.). Specifically, this

rule is covered under the Categorical

Exclusion in paragraph A5 to subpart D,

10 CFR part 1021, which covers

rulemakings that interpret or amend an

existing regulation without changing the

environmental effect of the regulation.

Accordingly, neither an environmental

assessment nor an environmental

impact statement is required.

F. Review under Executive Order 13132

Executive Order 13132 (64 FR 43255,

August 10, 1999) requires agencies to

develop an accountable process to

ensure meaningful and timely input by

State and local officials in the

development of regulatory policies that

have federalism implications. ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations 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.’’ DOE has

examined today’s rule and has

determined that it does not have a

substantial direct effect 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. No further action

is required by Executive Order 13132.

G. Review Under the Unfunded

Mandates Reform Act of 1995

Title II of the Unfunded Mandates

Reform Act of 1995 (Pub. L. 104–4)

requires each federal agency to prepare

a written assessment of the effects of

any federal mandate in a proposed or

final rule that may result in the

expenditure by state, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million in any

one year. The Act also requires a federal

39786 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

1Federal Housing Enterprises Financial Safety

and Soundness Act of 1992, Title XIII, Pub. L. 102–

550, 106 Stat. 3941 et seq. (Oct. 29, 1992), section

1361.

agency to develop an effective process

to permit timely input by elected

officers of state, local, and tribal

governments on a proposed ‘‘significant

intergovernmental mandate,’’ and it

requires an agency to develop a plan for

giving notice and opportunity for timely

input to potentially affected small

governments before establishing any

requirement that might significantly or

uniquely affect them. This final rule

does not contain any federal mandate,

so these requirements do not apply.

H. Congressional Notification

As required by 5 U.S.C. 801, DOE will

submit to Congress a report regarding

the issuance of today’s final rule prior

to the effective date set forth at the

outset of this notice. The report will

state that it has been determined that

the rule is not a ‘‘major rule’’ as defined

by 5 U.S.C. 801(2).

List of Subjects in 10 CFR Part 436

Energy, Government contracts.

Issued in Washington, DC, on June 21,

2000.

Dan W. Reicher

Assistant Secretary, Energy Efficiency and

Renewable Energy.

For the reasons set out in the

preamble, DOE amends part 436 of

Chapter II, Title 10 of the Code of

Federal Regulations, as follows:

PART 436—FEDERAL ENERGY

MANAGEMENT AND PLANNING

PROGRAMS [AMENDED]

1. The authority citation for Part 436

continues to read as follows:

Authority: 42 U.S.C. 6361; 42 U.S.C. 8251–

8263; 42 U.S.C. 8287–8287(c).

2. Section 436.30 in Subpart B, is

amended in paragraph (a) by revising

the first sentence to read as follows:

§ 436.30 Purpose and scope.

(a) General. This subpart provides

procedures and methods which apply to

Federal agencies with regard to the

award and administration of energy

savings performance contracts awarded

on or before September 30, 2003. * * *

* * * * *

3. Section 436.33 in Subpart B is

amended by revising paragraph (b)(1) to

read as follows:

§ 436.33 Procedures and methods for

contractor selection.

* * * * *

(b) * * *

(1) Consider unsolicited energy

savings performance contract proposals

from firms on a qualified contractor list

under this subpart which include

technical and price proposals and the

text of any financing agreement

(including a lease-acquisition) without

regard to the requirements of 48 CFR

15.602 and 15.602–2(a)(1); 48 CFR

15.603; and 48 CFR 15.607(a), (a)(2),

(a)(3), (a)(4) and (a)(5).

* * * * *

[FR Doc. 00–16298 Filed 6–27–00; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of Federal Housing Enterprise

Oversight

12 CFR Part 1700

RIN 2550–AA10

Organization and Functions

AGENCY: Office of Federal Housing

Enterprise Oversight, HUD.

ACTION: Final rule.

SUMMARY: The Office of Federal Housing

Enterprise Oversight (OFHEO) is

revising its regulations that describe the

Agency’s organization and functions.

The revisions reflect changes in the

organizational structure of the Agency

and the functional responsibilities of its

offices. The revisions include a

summary of two new offices and a

reference to the location of OFHEO’s

website.

In promulgating this rule, OFHEO

finds that notice and public comment

are not necessary. Section 553(b)(3)(A)

of Title 5, United States Code, provides

that when regulations involve matters of

agency organization, procedure or

practice, the Agency may publish

regulations in final form. In addition,

OFHEO finds, in accordance with 5

U.S.C. 553(d), that a delayed effective

date is unnecessary. Accordingly, these

regulations are effective upon

publication.

EFFECTIVE DATE: The final rule is

effective June 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Christine C. Dion, Associate General

Counsel, telephone (202) 414–3838 (not

a toll-free number), Office of Federal

Housing Enterprise Oversight, Fourth

Floor, 1700 G Street, NW., Washington,

DC 20552. The telephone number for

the Telecommunications Device for the

Deaf is (800) 877–8339.

SUPPLEMENTARY INFORMATION:

Discussion of the Final Regulation

This final rule informs the public

about structural and functional changes

within OFHEO that were recently

implemented by the Director. Changes

in the Agency’s structure consist of the

establishment of the ‘‘Office of

Information Technology’’ and the

‘‘Office of Strategic Planning and

Management’’.

The function of the ‘‘Office of

Information Technology’’ is to plan,

develop, secure, maintain, and assure

the quality of OFHEO information

systems and records management

functions. The functions of the ‘‘Office

of Strategic Planning and

Management’’are to assist the Director

in developing and maintaining a longterm strategic plan that is consistent

with the mission of OFHEO, and to

facilitate efforts to ensure that agency

activities and operations are consistent

with its strategic plan. This office also

is responsible for leading the

development of OFHEO’s Annual

Performance Plans and Annual

Performance Reports.

Functional changes made by the

Director to existing OFHEO offices are

reflected in the offices’ new titles. The

‘‘Office of Research, Analysis and

Capital Standards’’ has been renamed

the ‘‘Office of Risk Analysis and Model

Development’’. This new title indicates

that this office’s principal functions are

to develop and apply econometric,

financial, and accounting models to

evaluate the credit and interest rate risks

of Freddie Mac and Fannie Mae

(collectively, the ‘‘Enterprises’’), and to

undertake related research and analyses.

Notably, this office has developed and

continues to maintain and enhance the

set of models used for stress tests of the

Enterprises, including the stress test to

determine risk-based capital

requirements, as required by OFHEO’s

enabling statute.1 In addition to risk

analysis and model development, this

office has ongoing responsibility for

determining the capital classifications of

the Enterprises in order to ensure their

capital adequacy.

Moreover, the ‘‘Office of the Chief

Economist’’ has been renamed the

‘‘Office of Policy Analysis and

Research’’. The name change reflects

that the office’s primary function is

conducting research and policy analysis

to assess and project the short- and longterm impact of issues and trends in

housing finance. In addition to

performing research and analyses, this

office is responsible for developing

policy options and making

recommendations on a broad range of