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

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39787

issues relevant to OFHEO’s regulatory

oversight.

Although its functions have not

changed, the ‘‘Office of Congressional

and Public Affairs’’ has been renamed

the ‘‘Office of External Relations’’ to

represent its broader external

responsibilities, including the

coordination and communication with

Congress, the news media and the

public. The head of the office, the

Associate Director for External

Relations, continues to serve as

spokesperson for OFHEO.

The ‘‘Office of the General Counsel’’

is not included in this rule because its

functions and name have not changed.

The ‘‘Office of Examination Oversight’’

and the ‘‘Office of Finance and

Administration’’ are included in order

to provide more detail about their

functions.

This rule also references OFHEO’s

website where, among other things, the

public may learn about the Agency. To

that end, OFHEO’s website includes an

organizational chart, which reflects the

Agency’s structure noted in this rule.

Regulatory Impact

Executive Order 12866, Regulatory

Planning and Review

This final rule is not classified as a

significant rule under Executive Order

12866 because it will not result in: (1)

An annual effect on the economy of

$100 million or more; (2) a major

increase in costs or prices for

consumers, individual industries,

Federal, State, or local government

agencies, or geographic regions; or (3)

significant adverse effects on

competition, employment, investment,

productivity, innovation, or on the

ability of United States-based

enterprises to compete with foreignbased enterprises in domestic or foreign

markets. Accordingly, no regulatory

impact assessment is required and this

final rule has not been submitted to the

Office of Management and Budget for

review.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5

U.S.C. 601 et seq.) requires that a rule

that has a significant economic impact

on a substantial number of small

entities, small businesses, or small

organizations must include an initial

regulatory flexibility analysis describing

the regulation’s impact on small

entities. Such an analysis need not be

undertaken if the Agency has certified

that the regulation will not have a

significant economic impact on a

substantial number of small entities. 5

U.S.C. 605(b). OFHEO has considered

the impact of this final rule under the

Regulatory Flexibility Act. The General

Counsel certifies that this final rule will

not have a significant economic impact

on a substantial number of small

business entities.

Paperwork Reduction Act

This final rule does not contain any

information collection requirements that

require the approval of the Office of

Management and Budget under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Unfunded Mandates Reform Act of 1995

This final rule does not require the

preparation of an assessment statement

in accordance with the Unfunded

Mandates Reform Act of 1995, 2 U.S.C.

1531. Assessment statements are not

required for regulations that incorporate

requirements specifically set forth in

law. As explained in the preamble, this

rule implements specific statutory

requirements. In addition, this rule does

not include a Federal mandate that may

result in the expenditure by State, local,

and tribal governments, in the aggregate,

or by the private sector, of $100 million

or more (adjusted annually for inflation)

in any one year.

List of Subjects in 12 CFR Part 1700

Organization and functions

(Government agencies).

For the reasons stated in the

preamble, OFHEO is amending 12 CFR

part 1700 as follows:

PART 1700—ORGANIZATION AND

FUNCTIONS

1. The authority citation for part 1700

continues to read as follows:

Authority: 5 U.S.C. 552; 12 U.S.C. 4513,

4526.

2. Section 1700.2 is amended by:

A. Revising paragraphs (c)(1), (c)(2),

(c)(3), (c)(5) and (c)(6);

B. Adding paragraphs (c)(7) and (c)(8);

and

C. Revising paragraph (d).

§ 1700.2 Organization of the Office of

Federal Housing Enterprise Oversight.

* * * * *

(c) Offices and functions. (1) Office of

Examination and Oversight. The Office

of Examination and Oversight plans and

conducts examinations of the

Enterprises, as required by the Act,

prepares and issues reports of

examination summarizing the financial

condition and management practices of

each Enterprise, and recommends

corrective and preventative actions as

appropriate. This office also is

responsible for off-site financial safety

and soundness monitoring.

(2) Office of Risk Analysis and Model

Development. The Office of Risk

Analysis and Model Development

develops and applies econometric,

financial and accounting models to

evaluate the credit and interest rate risks

of the Enterprises, and undertakes other

related research and analyses. 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 the Act. This office is

responsible for applying minimum and

risk-based capital requirements in

determining the capital classifications of

the Enterprises in order to ensure their

capital adequacy.

(3) Office of Finance and

Administration. The Office of Finance

and Administration provides support

services in all areas of financial and

administrative management of OFHEO.

This office is responsible for

developing, managing and

implementing agency policies and

procedures governing: (i) All human

resources functions, including payroll;

(ii) Support for all facility and supply

requirements; (iii) Agency contracting

and procurement programs; and (iv)

Agency financial management,

budgeting and accounting functions,

including travel, internal controls and

financial reporting.

* * * * *

(5) Office of External Relations. The

Office of External Relations is

responsible for coordinating and

communicating on behalf of OFHEO

with the Congress, for monitoring

relevant legislative developments, and

for analyzing and assisting the Director

in developing legislative proposals. This

office also is responsible for directing

and coordinating communication with

the news media and the public. The

Associate Director for Public Affairs

serves as spokesperson for OFHEO.

(6) Office of Policy Analysis and

Research. The Office of Policy Analysis

and Research conducts research and

policy analysis to assess and project the

short- and long-term impact of issues

and trends in housing finance on

OFHEO’s regulatory and supervisory

responsibilities. This office also

develops policy options and makes

recommendations to the Director on a

broad range of issues.

(7) Office of Information Technology.

The Office of Information Technology

plans, develops, secures, maintains, and

assures the quality of the OFHEO

information systems and records

39788 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

management functions. This office is

responsible for establishing and

implementing policies, procedures and

standards in the following areas:

information systems development and

procurement, office automation, records

management, information systems

security and other information

technology-related services.

(8) Office of Strategic Planning and

Management. The Office of Strategic

Planning and Management assists the

Director in developing and maintaining

a long term strategic plan that is

consistent with the mission of OFHEO

and facilitates efforts to ensure that the

activities and operations of the Agency

are consistent with the strategic plan.

This office also is responsible for

leading the development of OFHEO’s

Annual Performance Plans and Annual

Performance Reports.

(d) Additional information. Current

information on the organization of

OFHEO may be obtained by mail from

the Office of External Affairs, 1700 G

Street NW, 4th Floor, Washington, DC

20552. Such information, as well as

other OFHEO information, also may be

obtained electronically by accessing

OFHEO’s website located at

‘‘www.OFHEO.gov’’.

Dated: June 22, 2000.

Armando Falcon, Jr.,

Director, Office of Federal Housing Enterprise

Oversight.

[FR Doc. 00–16287 Filed 6–27–00; 8:45 am]

BILLING CODE 4226–01–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–108–AD; Amendment

39–11803; AD 2000–13–04]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 777–200 and –300 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to all Boeing Model 777–200

and –300 series airplanes, that currently

requires revising the Limitations Section

of the Airplane Flight Manual (AFM) to

prohibit the dispatch of certain

airplanes under certain conditions. That

amendment also requires repetitive

inspections to ensure correct operation

of the backup generators; and, for

certain airplanes, a one-time inspection

to detect damage of the engine external

gearbox; and corrective actions, if

necessary. This amendment continues

the AFM and inspection requirements

and expands certain corrective action

requirements. This amendment is

prompted by reports of inflight

shutdowns due to sheared backup

generator shafts. The actions specified

in this AD are intended to prohibit the

dispatch of an airplane with an enginemounted backup generator having a

sheared shaft; and to detect and correct

damage to the engine, which could

result in inflight shutdowns.

DATES: Effective July 13, 2000.

The incorporation by reference of

certain publications, as listed in the

regulations, was approved previously by

the Director of the Federal Register as of

December 23, 1999 (64 FR 68618,

December 8, 1999).

Comments for inclusion in the Rules

Docket must be received on or before

August 28, 2000.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 2000–NM–

108–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9 a.m. and 3 p.m.,

Monday through Friday, except Federal

holidays. Comments may also be sent

via the Internet using the following

address: 9-anm-iarcomment@faa.gov.

Comments sent via the Internet must

contain ‘‘Docket No. 2000–NM–108–

AD’’ in the subject line and need not be

submitted in triplicate. Comments sent

via the Internet as attached electronic

files must be formatted in Microsoft

Word 97 for Windows or ASCII text.

The service information referenced in

this AD may be obtained from Boeing

Commercial Airplane Group, P.O. Box

3707, Seattle, Washington 98124–2207.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Ed

Hormel, Aerospace Engineer,

Propulsion Branch, ANM–140S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2681;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION: On

November 30, 1999, the FAA issued AD

99–25–13, amendment 39–11456 (64 FR

68618, December 8, 1999), applicable to

all Boeing Model 777–200 and –300

series airplanes, to require revising the

Limitations Section of the Airplane

Flight Manual to prohibit the dispatch

of certain airplanes under certain

conditions. That AD also requires

repetitive inspections to ensure correct

operation of the backup generators; and,

for certain airplanes, a one-time

inspection to detect damage of the

engine external gearbox; and corrective

actions, if necessary.

A correction of the final rule was

published in the Federal Register on

December 22, 1999 (64 FR 71635,

December 23, 1999). That AD (AD 99–

25–13 C1, amendment 39–11456)

corrects incorrect paragraph references

in AD 99–25–13. That action was

prompted by reports of inflight

shutdowns due to sheared backup

generator shafts. The actions required by

the correction AD are intended to

prohibit the dispatch of an airplane with

an engine-mounted backup generator

having a sheared shaft; and to detect

and correct damage to the engine, which

could result in inflight shutdowns.

Actions Since Issuance of Previous Rule

Since the issuance of AD 99–25–13

C1, the FAA has received questions

from an operator regarding the following

corrective action procedures:

• Boeing Service Letter 777–SL–24–

023–B, dated August 16, 1999, specifies

accomplishment of the applicable

actions specified in both Steps 2.a.(1)

and 2.a.(2) of that service letter.

However, paragraph (d)(1)(ii) in that AD

requires the accomplishment of either

Steps 2.a.(1) or 2.a.(2), as applicable.

• Boeing Service Letter 777–SL–24–

024, dated August 16, 1999, specifies

accomplishment of the applicable

actions specified in both Steps 1.a.(1)

and 1.a.(2) of that service letter.

However, paragraph (d)(2) in that AD

requires the accomplishment of either

Steps 1.a.(1) or 1.a.(2), as applicable.

In response to the operator’s

questions, the FAA has determined that

it is necessary to require the

accomplishment of both of the

applicable corrective actions specified

in paragraph (d)(1)(ii) in that AD [cited

as paragraph (f)(1)(ii) in this AD] for

airplanes equipped with certain RollsRoyce engines, and both of the

applicable corrective actions specified

in paragraph (d)(2) in that AD [cited as

paragraph (f)(2) of this AD] for airplanes

equipped with certain General Electric

engines.

In addition, paragraphs (d)(1)(ii) and

(d)(2) in that AD should have specified

that the corrective actions required by

those paragraphs are specified in certain