### Federal Resister / Vol. 51. No. 43
, Wednesday. March 5. 1986 /Rules and Reguiations 1549

thiclmen.

### Also. omona may

### be shipped 

### in 50,

### 40.25. and 

### 2O-pound cartona. lIpOD 

### approval ofthe 

### committee. 

### Such

. experimental shipments ahaIl 

### be exempt from paragraph (c) of

### this Rctionbut 

### .hallbehandled 

### in**a~rdance** 

### with 

### the

.... eguard proviaiona of 1959;54 

### and 

### -paragraph (g) 

### ofthia section.The committee sball 

### be notified ofcarton 

### IJb:e and furnished 

### a containermanifest. and shippers mustfurnish the committee with outturn**repo~** 

### on such shipments. 

## • • • • 

## •

Daled: February 28. 1986. Joeepb It.. 

### Gribbin. Director. Fruit andVegetoble Division. Ilgricu/lurolMarketingService. (FR Doc.**86-41~** Filed 3-f-a6; 8:45 alll)
III.JJMG COOlE

,........



### Animal and Plant 

### Health lnapectIon S0rYfce



### sa CFR Part 

### 12

(Docket "0.16-018]



### Specifically Approved States Authorized To Receive Mares Imported From CEM-Affected Countries

r"{;[K.'t: 

### Animal and Plant Health Inspection Service, USDA.
AC',l(i!>!: 

### Affirmation ofintedm rule.

OSUf.4MARY: 

### 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 (CEM). This action is taken because the Deputy Administrator. Veterinary Services. Animal and Plant H::!altb Inspection Service. ha!! 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 ll'1eir freedom from CEM as required by the regulations. The amendment is necessary in order to avoid the imposition ofunnecessary restrictions

on importers ofmares from counmes sffected with

### CEM.
EFFECTIVE PAT£: 

### March 5.1986.
FOR**F\lR"rn~R** INFORMATION CONTACT: 

### Dr. Allan A. Furr. Import-Export Animals Bod Products Staff. VS. APHIS. USDA. Room 846. Federal Building. 6505 Belcrest Road. Hyattsville. MD 20782. 301--436-8170. auPllUlllDlTMYtNFORMATION:

### ~ Section

## 92.i(t) ofthe regulationsin

### 9 

### CFR Part 92, 

### among otherthinp. authorizes the importation ofcertain

mares and stallion.over 131 

### days of

### age into

### the United Statesfrom countries affected with contagious equine metritis (CEM) 

### when apeclfic requirements to preventtheirintroducing CEM 

### into the United States 

### are met. and the animalt Imported are moved into approved States for further inspection. treatment. and teating.



### A document published in the

### FNeral R.teronDecember

### Z. 1965 (50 FR 49344-49345). 

### aet forth aninterim rule amending 

### I 92.4 

### oftheregulations by adding Maryland and Ohio to the list

### of approved States authorized to receive such mare•.The addition ofMaryland andOhio to the li.t was based on the finding that they meet certain minimum standard. concerning treatment. testins. and handling.procedure. for these

mares.

The interim rule wae made effective upon publication. Comments were solicited for 60 

### day. after publication of the amendment. No comments were received. The factual situation which

was set forth in the document of December 2. 1985. 

### still provides a basis for the amendment.
Executive Order 12.291 and 

### 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 it review process required by Executive Order 12291.

It

### is anticipated that fewer than 26


### mares from countries affected with CEM will be imported into the States of Maryland aild 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 of all classesimported into 

### the United States during that aameperiod.



### .UDderthesecircumstances. 

### the Administratorofthe Animal and Plant HealthInspection Service bas

. determined that 

### this action will nothave

a .ignIfica1'lt economic Impacton a subatantial numberof

### IIDall entities.


### Ex.ec:utive Order 12312



### Thisprogram/activity is listed 

### in the CatalogofFederalDomestic Assistance under No. 10.025 

### and is lubject to the provisionl ofExecutive Order 12372 

### which requires intergovernmental consultation with State and local official•• {See 7 CFR

### Part 3015. 

### Subpart V}.



### Ult ofSubjectsin • CFR Part92

Animal diseases. Canada. Imports. Liveratock and livestock products. Mexico. Poultry and poultry products. Quarantine.Tranlportation.Wildlife.

PART 112-IMPORTATION OF CERTAIN ANIMALS AND POULTRY AND CERTAIN ANIMAL AND POULTRY PRODUCTS; INSPECTION AND OTHER REQUIREMENTS FOR CERTAIN MEANS OF CONVEYANCE AND SHIPPING CONTAINERS THEREON

Accordingly. the interim rule amending 9 

## ern 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. 1622; 19 U.S.C. 1306: 21 

### U.s.c. 102-105.111. 134a. 134b. 134c. 134J. 134f. and 135: 7 CFR 2.17. 2.51. and**3~1.2id).**

Done at Washington. DC. this 27th day of February 1986. G.

### J. Fichtner. ActingDeputyAdministrator. Veterina:y Services. IFR Doc. 86-4a19

### Filed 3-4-88: 8:45 am)

IIIWNG COOf :H1o-34-11011



### OEPARTMENT OF ENERGY

Office 

### of Conservation and Renewable Energy 

# c.n."",

...........nvotlon Program for Consumer Products; Appliance Standards

AGENCY: 

### Conservation and Renewable Energy Office. DOE.

ACTION: 

### Final rules; Removal.

SUMMARY: 

### Today's notice removes the U.S. Department of Energy rules regarding energy efficiency standards for kitchen ranges and ovens. clothes

### 7550 Feciolral Regist8i' 

## I Vol. 51. No. 43 

## I Wednesday. Much 

### S. 1981 

## I Rwes and Regulation.**i~"Yel'!l,** 

### fumacea..centraI air

. ndilioners. refrigerators and 

### Jrigerator-freezen. freezers. water -beaters and

### room air conditioners and

removes rulea granting petitions 

### from five States requesting. in 

### each case. that the State enersY efficiency 

### .taudard

### for clothes dryers and/or kitchen

### rangea andovens be exempted from preemption by the Federal

### 8tImdarda rules for these two products.'

EFFEC'i'iYIE D&11I: 

### March 5. 1986.

FOA F\JATHfetlINFOAMATlON CONTACT: Micbael

## J. McCabe. U.S. Department of

Energy. Office ofConservation and Renewable Energy. Mail Station CE132. Forrestal Buifding. 1000 Independence Avenue. SW

.. Washington. DC 20585. (202) 252-9127 Eugene Margolis. Esq.• U.S. Department

ofEnergy. Office ofGeneral Counsel, Mail Station CE-12; Forrestal Bnild.i.ns. 1000 Independence Avenue SW.• Washington, DC 20580, (202) 252-951:1

SUPPLEMENT£RY INFORMATION: The Energy Conservation Program for Consumer Products was established pursuant to the Energy Policy and Conservation Act [EPCA) {Pub. 

### L 94- 163.87 Stat. 917}. as amended by the National Energy Congel'Vation Policy

-t (l';"ECPA)**(~lb.** L 95-(319. 92 Stat. ,6). which requires DOE to eatablish

• ergy efficiency sialldards that are designed to achieve the maximum improvement in energy efficiency that is technologically feasible and economically justified. Section 3Z5 [a)(lJ and (c). The Act provides. however. that

no standard is to be established ifthere is no test procedure 

### for the product or 

### it DOE determines by rule either that 

### a standard would not result in significant conservation of energy or that a stll".ililrd is not**t~hnologicany ~ea8ible**  or economically jIJs!ified. Section 3Z5[b).**S~cUon** J27 of the**,~ct** addresses the "fiect of**Fed~ral** rulea concerning testing. labeling. and standardi on State laws or regulations concerning such matters. Generally. all 

### iUlcb State lawa

or regulations are superseded by the Federal rule. Section 327(a}. A rule by DOE that an efficiency !tandard is not technologically feasible. economically justified. or likely to save significant amounts of energy would be a rule that supersedes any Slate standard. Section 325(b). A State whose energy efficiency standard would be superseded. hc'yever. may petition theDepartment for a rule that it not 

### be superseded.**~~ction** 3Z7lb)(3).

)/\Ikcembt!r 15. 1982. DOE issued a 

### 31 rule with re!pect to two covered ,..t'Oducts. c1ot):-,1:3 dryers. and kitchen range:! and ovens. 47 FR 57198 (December

### Z2. 19fI2}. (Hereafterrefemd

to as the December 1982 rule.) With respect to

### both products. DOE detenniraed that

### a standard wouldnot result 

### ill significant coDlM!TVation of

. energy 

### andwould IWt

### be economicaUy justified.The 

### December 11182 

### rule alao establishedproceduresgoverning petitions 

### to 

### DOEby Statn to obtain exemption

### from preemption ofState of local energy efficiency ItandaniJ. On August 25, 1183, DOE iS8ued a 

### fmaI rule with respect to 8ix 

### further covered products: Refrigerator8 and refrigeratorfreezers, freezers. waterheaters. furnaces, room air conditioners and central air conditioners. 48FR 39376 (August 30. 1983). (Hereafterreferred to

as the August 1983 rule.) For each 

### of the sixproducl.l coveredby the August 1983 rule. except central air conditioners. DOE determined that 

### an energy efficiency 

### atandard would not result in signifh:.ant cOIJ8ervation ofenergy and would notbe economicallyjustified. With respect to central air conditioners, DOE found that an energy efficiem:y standBTd would re.u1t in a significant conservation of energy but would not be economically justified.

On March 15. 1984. DOE issued final rules granting petitions from the States of California, New York. Wisconsin

. Minnesota and Oregon. requesting. in each case. that the State energy efficiency standard for clothes dryers and/orkitchen ranges and ovens be exempted from Federal preemption. 49 FR 11764 [March 27. 1984}.



# nw December N82 and August 1963 final rules were challenged in a lawsuit brought 

### by the Natural Resources Defense Council (NRDC) 

### and others against the Department of Energy. 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 decision having now beCome final. the Department is removing these rules from the Code ofFederal Regulations. Similarly. the Department is removil18 flIlsl rule. granting five Slatea exemption from two of the rule8 which have bt!en set aside.

In consideration of the foregoing. Part 430 

### efChapter

## nof

### Title 10. Code of Federal Regulations. is amended as set forth below.

Lm ofSubjecta ia 18 CrR Part 4iO

Administrstive practice and procedure. Energy coDNrvatlOR, Household appliances. Issued inWutnn,ton.DC February 12. 19118. Doana

### R.1'Itrfabk:l. AuistantSecretory. COMllrvotion and JiellllWflbittEnerJy.



### PART 430-ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

1.The authOrity citation for Part 430 is revi8ed to read a8 follows:

Authority: Energy Policy and Conservation Act. Title III,Part B. as amended by National Energy Conservation Policy Act. Title IV. Part 2. (42 U.S.C.**6Z91~).**

2. Section 430.32 

### is removed and reserved.

§UO.32 Final energy efficiency standards. [Re

.. rved) 3. Section 430.33 i8 removed and reserved.
§ 430.33 Preemption of State r.gulatiOns. [Reaerved) [FR Doc. 86-4808Filed 3-4-86; 6;45 amJ

..

WHO COOl 1450-0''''

SMALL BUSINESS ADMINISTRATION

13 CFR Par1105

[R.". 2. Arndt. 6]

Standarcla of Conduct; Conflict of Interest

AGENCY: Small Business Administration.

ACTION: Final rule.

SUMMAR": The internal organization of the Agency. Office ofGeneral Counsel has been altered by 

### a reorganization. As part of this reorganization. the responsibilities ofthe Agency Standards of Conduct Counselor and the Agency Ethics Officer were transferred from the Associate General Counsel for Financial Law to the Deputy General Counsel. The purpose ofthis amendment is to reflect this transfer of dutie,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 Z04le, (WZ) &53-6381.
SUPPLEMENTAJIIY tNf'OfUjIATlON: SBA is publishing this rule change,in final form since it relates only to Agency management and is. therefore. exempt from 

### the**~uiremeDts** of the Adminhrtrative Procedure Act [5 U.S.C. 551. et seq.). the Regulatory Flexibility Act (5 U.S.C. 001, t!!t seq.) and Executive Orders 12291.