Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Rules and Regulations 5315

(viii) The boxes must be placed in a

refrigerated truck or refrigerated

container and remain in that truck or

container while in transit through

Mexico to the port of first arrival in the

United States. Prior to leaving the

packinghouse, the truck or container

must be secured by Sanidad Vegetal

with a seal that will be broken when the

truck or container is opened. Once

sealed, the refrigerated truck or

refrigerated container must remain

unopened until it reaches the port of

first arrival in the United States.

(ix) Any avocados that have not been

packed or loaded into a refrigerated

truck or refrigerated container by the

end of the work day must be kept in the

screened packing area.

(d) Certification. All shipments of

avocados must be accompanied by a

phytosanitary certificate issued by

Sanidad Vegetal certifying that the

conditions specified in this section have

been met.

(e) Pest detection. (1) If any of the

avocado seed pests Heilipus lauri,

Conotrachelus aquacatae, C. perseae, or

Stenoma catenifer are discovered in a

municipality during an annual pest

survey, orchard survey, packinghouse

inspection, or other monitoring or

inspection activity in the municipality,

Sanidad Vegetal must immediately

initiate an investigation and take

measures to isolate and eradicate the

pests. Sanidad Vegetal must also

provide APHIS with information

regarding the circumstances of the

infestation and the pest risk mitigation

measures taken. The municipality in

which the pests are discovered will lose

its pest-free certification and avocado

exports from that municipality will be

suspended until APHIS and Sanidad

Vegetal agree that the pest eradication

measures taken have been effective and

that the pest risk within that

municipality has been eliminated.

(2) If Sanidad Vegetal discovers the

stem weevil Copturus aguacatae in an

orchard during an orchard survey or

other monitoring or inspection activity

in the orchard, Sanidad Vegetal must

provide APHIS with information

regarding the circumstances of the

infestation and the pest risk mitigation

measures taken. The orchard in which

the pest was found will lose its export

certification immediately and will be

denied export certification for the entire

shipping season of November through

February.

(3) If Sanidad Vegetal discovers the

stem weevil Copturus aguacatae in fruit

at a packinghouse, Sanidad Vegetal

must investigate the origin of the

infested fruit and provide APHIS with

information regarding the circumstances

of the infestation and the pest risk

mitigation measures taken. The orchard

where the infested fruit originated will

lose its export certification immediately

and will be denied export certification

for the entire shipping season of

November through February.

(f) Ports. The avocados may enter the

United States at:

(1) Any port located in the

northeastern States specified in

paragraph (a)(3) of this section;

(2) The ports of Galveston or Houston,

TX, or the border ports of Nogales, AZ,

or Brownsville, Eagle Pass, El Paso,

Hidalgo, or Laredo, TX; or

(3) Other ports within that area of the

United States specified in paragraph (g)

of this section.

(g) Shipping areas. Except as

explained below in this paragraph for

avocados that enter the United States at

Nogales, AZ, avocados moved by truck

or rail car may transit only that area of

the United States bounded on the west

by a line extending from El Paso, TX, to

Denver, CO, and due north from Denver;

and on the east and south by a line

extending from Brownsville, TX, to

Galveston, TX, to Kinder, LA, to

Memphis, TN, to Knoxville, TN,

following Interstate 40 to Raleigh, NC,

and due east from Raleigh. All cities on

these boundary lines are included in

this area. If the avocados are moved by

air, the aircraft may not land outside

this area. Avocados that enter the

United States at Nogales, AZ, must be

moved to El Paso, TX, by the route

specified on the permit, and then must

remain within the shipping area

described above in this paragraph.

(h) Shipping requirements. The

avocados must be moved through the

United States either by air or in a

refrigerated truck or refrigerated rail car

or in a refrigerated container on a truck

or rail car. If the avocados are moved in

a refrigerated container on a truck or rail

car, an inspector must seal the container

with a serially numbered seal at the port

of first arrival in the United States. If the

avocados are moved in a refrigerated

truck or a refrigerated rail car, an

inspector must seal the truck or rail car

with a serially numbered seal at the port

of first arrival in the United States. If the

avocados are transferred to another

vehicle or container in the United

States, an inspector must be present to

supervise the transfer and must apply a

new serially numbered seal. The

avocados must be moved through the

United States under Customs bond.

(i) Inspection. The avocados are

subject to inspection by an inspector at

the port of first arrival, at any stops in

the United States en route to the

northeastern States, and upon arrival at

the terminal market in the northeastern

States. At the port of first arrival, an

inspector will sample and cut avocados

from each shipment to detect pest

infestation.

Done in Washington, DC, this 31st day of

January 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–2825 Filed 2–4–97; 8:45 am]

BILLING CODE 3410–34–P

NATIONAL CREDIT UNION

ADMINISTRATION

12 CFR Part 701

Organization and Operations of

Federal Credit Unions

AGENCY: National Credit Union

Administration (NCUA).

ACTION: Final rule and withdrawal of

amendments to Interpretive Ruling and

Policy Statement 94–1.

SUMMARY: The NCUA Board has

withdrawn Interpretive Ruling and

Policy Statement 96–2 (IRPS 96–2) that

was published in 61 FR 59305

(November 22, 1996). The NCUA Board

has determined that subsequent legal

events make the withdrawal of IRPS 96–

2 appropriate.

DATES: This rule is effective February 5,

1997.

FOR FURTHER INFORMATION CONTACT: John

Ianno, Trial Attorney, Office of General

Counsel or Michael J. McKenna, Acting

Associate General Counsel, Office of

General Counsel, National Credit Union

Administration, 1775 Duke Street,

Alexandria, Virginia 22314–3428 or

telephone: (703) 518–6540.

SUPPLEMENTARY INFORMATION: On

November 14, 1996, the Board issued an

interim final Interpretive Ruling and

Policy Statement (IRPS 96–2) to permit

federal credit unions to restructure their

fields of membership consistent with

court decisions limiting federal credit

union’s ability to serve eligible credit

union members and new select groups.

Two events have caused the Board to

conclude that withdrawal of IRPS 96–2

is appropriate at this time. First, on

December 4, 1996, the U.S. District

Court for the District of Columbia issued

an Order invalidating IRPS 96–2 and

enjoining NCUA from implementing it.

Second, on December 24, 1996, the U.S.

Court of Appeals for the District of

Columbia Circuit issued a partial stay of

the District Court’s earlier injunction

which prevented federal credit unions

from serving new members of select
5316 Federal Register / Vol. 62, No. 24 / Wednesday, February 5, 1997 / Rules and Regulations

1 61 FR 58679.

2 44 FR 66466. Since its promulgation, the rule

has been amended four times to include new

product categories—central air conditioners (52 FR

46888, Dec. 10, 1987), fluorescent lamp ballasts (54

FR 1182, Jan. 12, 1989), certain plumbing products

(58 FR 54955, Oct. 25, 1993), and certain lamp

products (59 FR 25176, May 13, 1994). Obligations

under the rule concerning fluorescent lamp ballasts,

lighting products, and plumbing products are not

affected by the cost figures in this notice.

3The July 1, 1994, amendments require that

labels for refrigerators, refrigerator-freezers, freezers,

clothes washers, dishwashers, water heaters, and

room air conditioners contain a secondary energy

usage disclosure in terms of an estimated annual

operating cost (labels for clothes washers and

dishwashers will show two such secondary

disclosures—one based on operation with water

heated by natural gas, and on operation with water

heated by electricity). The labels also must disclose,

below this secondary estimated annual operating

cost, the fact that the estimated annual operating

cost is based on the appropriate DOE energy cost

figure, and must identify the year in which the cost

figure was published.

employee groups which were within

their existing field of membership. The

NCUA Board will consider further

regulatory action at an appropriate time

depending on developments in the

ongoing litigation concerning field of

membership issues.

List of Subjects in 12 CFR Part 701

Credit, Credit unions, Reporting and

recordkeeping requirements.

By the National Credit Union

Administration Board on January 23, 1997.

Becky Baker,

Secretary of the Board.

Accordingly, NCUA amends 12 CFR

part 701 as follows:

PART 701—ORGANIZATION AND

OPERATION OF FEDERAL CREDIT

UNIONS

1. The authority citation for part 701

continues to read as follows:

Authority: 12 U.S.C. 1752(5), 1755, 1756,

1757, 1759, 1761a, 1761b, 1766, 1767, 1782,

1784, 1787, 1789. Section 701.6 is also

authorized by 31 U.S.C. 3717. Section 701.31

is also authorized by 12 U.S.C. 1601, et seq.,

42 U.S.C. 1981 and 3601–3610. Section

701.35 is also authorized by 12 U.S.C. 4311–

4312.

2. Section 701.1 is revised to read as

follows:

§ 701.1 Federal credit union chartering,

field of membership modifications, and

conversions.

National Credit Union Administration

practice and procedure concerning

chartering, field of membership

modifications, and conversions are set

forth in Interpretive Ruling and Policy

Statement 94–1 Chartering and Field of

Membership Policy (IRPS 94–1) as

amended by IRPS 96–1. Copies may be

obtained by contacting NCUA at the

address found in § 792.2(g)(1) of this

chapter. The combined IRPS are

incorporated into this section.

(Approved by the Office of Management and

Budget under control number 3133–0015.)

Note: The text of Interpretive Ruling and

Policy Statement (IRPS 94–1, as amended by

IRPS 96–1) does not appear in the Code of

Federal Regulations.

[FR Doc. 97–2830 Filed 2–4–97; 8:45 am]

BILLING CODE 7535–01–P

FEDERAL TRADE COMMISSION

16 CFR Part 305

Rule Concerning Disclosures

Regarding Energy Consumption and

Water Use of Certain Home Appliances

and Other Products Required Under

the Energy Policy and Conservation

Act (‘‘Appliance Labeling Rule’’)

AGENCY: Federal Trade Commission.

ACTION: Final rule revision.

SUMMARY: The Federal Trade

Commission’s Appliance Labeling Rule

(‘‘the Rule’’) requires that Table 1, in

§ 305.9, which sets forth the

representative average unit energy costs

for five residential energy sources, be

revised periodically on the basis of

updated information provided by the

Department of Energy (‘‘DOE’’).

This document revises the table to

incorporate the latest figures for average

unit energy costs as published by DOE

in the Federal Register on November 18,

1996.1

DATES: The revisions to § 305.9(a) and

Table 1 are effective March 7, 1997. The

mandatory dates for using these revised

DOE cost figures in connection with the

Appliance Labeling Rule are detailed in

the SUPPLEMENTARY INFORMATION section,

below.

FOR FURTHER INFORMATION CONTACT:

James Mills, Attorney, 202–326–3035

Division of Enforcement, Federal Trade

Commission, Washington, DC 20580.

SUPPLEMENTARY INFORMATION: On

November 19, 1979, the Federal Trade

Commission issued a final rule in

response to a directive in section 324 of

the Energy Policy and Conservation Act

(‘‘EPCA’’), 42 U.S.C. 6201.2 The Rule

requires the disclosure of energy

efficiency, consumption, or cost

information on labels and in retail sales

catalogs for eight categories of

appliances, and mandates that the

energy costs, consumption, or efficiency

ratings be based on standardized test

procedures developed by DOE. The cost

information obtained by following the

test procedures is derived by using the

representative average unit energy costs

provided by DOE. Table 1 in § 305.9(a)

of the Rule sets forth the representative

average unit energy costs to be used for

all cost-related requirements of the Rule.

As stated in § 305.9(b), the Table is to

be revised periodically on the basis of

updated information provided by DOE.

On November 18, 1996, DOE

published the most recent figures for

representative average unit energy costs.

Accordingly, Table 1 is revised to reflect

these latest cost figures as set forth

below.

How and when industry members

must use (and not use) revised Table 1

in calculating cost disclosures for

labeling and catalog sales is explained

in detail in the paragraphs below. In

sum:

• Manufacturers of refrigerators,

refrigerator-freezers, freezers, clothes

washers, dishwashers, water heaters,

and room air conditioners are not

permitted to use the DOE Cost figures

published today to calculate the

secondary operating cost figures on

labels for their products until the

Commission publishes new ranges of

comparability for those products.

• Manufacturers of refrigerators,

refrigerator-freezers, freezers, clothes

washers, dishwashers, and water heaters

have no need for the DOE cost figures

for making data submissions under

305.8. The energy use information they

must submit and use as primary energy

use descriptors on labels for these

products is now in terms of energy

consumption, not operating cost.

• Industry members must use the

1997 DOE cost figures published today

to calculate operating cost

representations in catalogs that are

drafted and printed after May 6, 1997.

• Beginning May 6, 1997,

manufacturers of clothes dryers,

television sets, kitchen ranges and

ovens, and space heaters must use the

1997 representative average unit costs

for energy in all operating cost

representations.

For Labeling of Products Covered by the

Commission’s Rule 3

Manufacturers of covered products

are not permitted to use the National

Average Representative Unit Costs

published today on labels for their

products until the Commission