### 36024 Federal Register / Vol. 62, No. 128 / Thursday, July 3, 1997 / Proposed Rules

orders, the Department recommends returning these handlers’ pro rata share
of the TCBF to these handlers. The terms of 7 CFR 1000.4(d)(2) direct the market administrator or the ‘‘liquidating agent’’ to distribute outstanding funds
connected with a terminated order to handlers ‘‘in an equitable manner.’’ The Department invites interested parties to comment on this proposal and/or to suggest any alternative way to dispose of these funds in an equitable manner.

At least one additional question arises with the possible termination of the Tennessee Valley order. The transportation credit provisions for Orders 5, 7, 11, and 46 were adopted simultaneously for these 4 orders. Because of the overlap in supply areas for these markets, producers in any of the marketing areas of the 4 orders are ineligible for transportation credits under any of the other 3 orders. With the possible termination of Order 11, a question may arise concerning the interpretation of Section 82(c)(2)(ii) in
the interim amendments or Section 82(c)(2)(iii) in the final decision
amendments as set forth in the Federal Register of May 20, 1997, at 62 FR 27525. In either case, the language of those paragraphs in Orders 5, 7, and 46
states that ‘‘the farm on which the milk was produced is not located within the specified marketing areas of this order or the marketing areas of’’ the other 3 orders involved in this proceeding. Thus, Orders 5, 7, and 46 refer to ‘‘the Order 11 marketing area.’’

If Order 11 is terminated, the question that arises is whether a producer located in the former Tennessee Valley marketing area is still ineligible for a transportation credit under Orders 5, 7, and 46. The Department maintains that the reference to the Order 11 marketing area was merely a convenient geographic reference used in lieu of repeating a lengthy list of counties and cities. Accordingly, the language referring to the marketing area of
Federal Order 11 will continue to be interpreted as the territory defined in the Tennessee Valley order.

Interested parties are invited to submit comments on this proposed interpretation of the order as well as the
other issues raised in this notice.

Statement of Consideration

The proposed action would terminate the order regulating the handling of milk in the Tennessee Valley marketing area. On May 12, 1997, the Department issued a partial final decision on proposed amendments to the Carolina, Southeast, Tennessee Valley, and Louisville-Lexington-Evansville milk orders which was published on May 20, 1997 (62 FR 27525). The final decision document contained proposed amended orders for the 4 southeast marketing areas, including the Tennessee Valley order, and directed the respective
market administrators of the 4 orders to ascertain whether producers approved
the issuance of the amended orders. The
final decision concluded that amended
orders were needed to effectuate the declared policy of the applicable statutory authority.

Less than two-thirds of the producers whose milk is pooled in the Tennessee Valley approved the issuance of the proposed amended order. In these circumstances, where it has been
concluded that the order should be
amended to effectuate the declared policy of the Act, and the Act requires two-thirds of the producers to vote affirmatively, it appears that continuation of the existing Tennessee Valley order would not be in conformity with the applicable statutory authority. Therefore, it is necessary to consider terminating the present order.

List of Subjects in 7 CFR Part 1011

Milk marketing orders. The authority citation for 7 CFR Part
1011 continues to read as follows:

Authority: 7 U.S.C. 601–674.
Dated: June 30, 1997.
Lon Hatamiya, Administrator, Agricultural Marketing
Service.
[FR Doc. 97–17609 Filed 7–2–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EE–RM–94–403]

RIN 1904–AA67

Energy Conservation Program for
Consumer Products: Notice of Public Workshop on Clothes Washers Energy Efficiency Standards Rulemaking

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy.

ACTION : Notice of Public Workshop.

SUMMARY: The Department of Energy (the Department or DOE) today gives notice that it will convene a public workshop to discuss the proposed analytical framework and tools for evaluating possible revisions to the clothes washer energy efficiency
standards. DATES : The public workshop will be held on Wednesday, July 23, 1997, from 9:00 a.m. to 4:00 p.m.

ADDRESSES : The workshop will be held at the U.S. Department of Energy, Room 1E–245, 1000 Independence Avenue, SW, Washington, DC 20585.

Copies of the transcript of the public workshop, public comments received, and this notice may be read at the Department of Energy, Freedom of Information Reading Room, U.S. DOE, Forrestal Building, Room 1E–190, 1000 Independence Avenue, SW, Washington, DC 20585, (202) 586–6020,
between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Qonnie Laughlin, U.S. Department of

Energy, Office of Energy Efficiency and Renewable Energy, Forrestal Building, Mail Station EE–43, 1000 Independence Avenue, SW, Washington, DC 20585–0121, (202)
586–9632. Ms. Sandy Beall, U.S. Department of

Energy, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy, Mail Station EE–43, 1000 Independence Avenue, SW, Washington, DC 20585–0121, (202) 586–7574.

SUPPLEMENTARY INFORMATION : In continuing the work on possible revisions to energy efficiency standards on clothes washers, the Department is convening a workshop to present and receive public comments on the proposed analytical approach for evaluating the clothes washer standards. At this workshop the following will be
discussed:

Preliminary Clothes Washers Rulemaking Schedule.

Review of the Rulemaking
Framework: The Department will seek comment on the draft analytical
framework for the clothes washers rulemaking.

Identification of Analytical Methods
and Tools: The Department seeks input into the selection of engineering and economic analytical tools to be used during the rulemaking.

Engineering Analysis/Data Collection: The Department plans to collect data using the energy efficiency approach to derive a cost efficiency curve within a range for the engineering analysis. The Department will review the key issues surrounding data collection and the reporting of manufacturing costs for incorporation into the engineering analysis.

Price: The Department will lead a discussion on possible approaches to generating retail prices to be used in the consumer life-cycle-cost analysis.

### 36025 Federal Register / Vol. 62, No. 128 / Thursday, July 3, 1997 / Proposed Rules

Life-Cycle-Cost: The Department plans to demonstrate a new life-cycle-cost spreadsheet model which can account for variability of key criteria, such as utility rates and water heater fuel type.

Shipment Forecasts: The Department will present a base-line shipment forecast for

stakeholder review. This forecast will incorporate expected improvement in

efficiencies as a result of market forces or voluntary programs and how the distribution of efficiency impacts different consumers.

Energy Savings Forecasts: The Department will present an example of energy savings forecasting results using a simple spreadsheet to show how the growth in efficiency can be

accounted for over time.

Identification of Experts and Other
Interested Parties for Peer Review: The Department wishes to identify a group of independent experts and other interested parties who can provide expert review of the results of the engineering and economic analyses.

Background on the approach to be followed in evaluating clothes washer standards is found in Appendix A of Subpart C of 10 CFR Part 430, see 61 FR 36973 (July 15, 1996), which outlines the planning and prioritization process, data collection and analysis, and decision making criteria. Information pertaining to this rulemaking include the following: An Advance Notice of Proposed Rulemaking to Amend the Energy Conservation Standards for Three Cleaning Products, published on November 14, 1994 (59 FR 56423), and comments thereon; Draft Report on the Preliminary Engineering Analysis for Clothes Washers; Draft Report on Design Options for Clothes Washers; and the transcript from the November 15, 1996, Workshop and comments relating to the workshop. Copies of these may be read
at the DOE Freedom of Information Reading Room.

The Department also welcomes
written comments or recommendations on the process and the tools to be used for the clothes washers rulemaking.
Written comments or recommendations should be submitted to Sandy Beall at
the address listed in the FOR FURTHER

INFORMATION CONTACT section.

Please notify Sandy Beall or Qonnie Laughlin at the address listed in the FOR

FURTHER INFORMATION CONTACT section if you intend to attend the workshop, if you wish to receive material prepared for the workshop (including the draft analytical framework), or if you wish to be added to the DOE mailing list for receipt of future notices and information concerning clothes washers matters relating to energy efficiency. Issued in Washington, DC, on June 27,
1997.
Brian T. Castelli, Chief of Staff, Energy Efficiency and Renewable Energy.
[FR Doc. 97–17483 Filed 7–2–97; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 451

Renewable Energy Production
Incentives

AGENCY: Office of Energy Efficiency and Renewable Energy, DOE

ACTION : Interpretations and request for

comments.

SUMMARY: The Office of Energy Efficiency and Renewable Energy in the Department of Energy today is publishing ‘‘Questions and Answers Regarding Renewable Energy Production Incentives,’’ to provide clarification to owners or operators of renewable energy facilities who would like to apply for renewable production incentive payments. The intent of these Questions and Answers is to assist applicants and potential applicants in their understanding of requirements that
must be met to receive incentive payments under the program and of program procedures.

DATES : Public comment is invited on a continuing basis.

ADDRESSES : Questions and comments may be sent to James Spaeth, U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden,
CO 80401.

FOR FURTHER INFORMATION CONTACT: James Spaeth, U.S. Department of Energy, Golden Field Office, 1617 Cole Boulevard, Golden, CO 80401, (303)
275–4706.

SUPPLEMENTARY INFORMATION : Background

Section 1212 of the Energy Policy Act of 1992, 42 U.S.C. 13317, requires the Department of Energy (DOE), subject to the availability of appropriations, to make incentive payments to the owners or operators of qualified renewable energy facilities for the production and sale of electric energy from certain renewable energy sources. DOE promulgated implementing regulations on July 19, 1995 (60 FR 36959), which subsequently were codified in 10 CFR Part 451. Although the renewable energy production incentive (REPI) program generally has operated smoothly, DOE staff is frequently asked questions by the public about eligibility for production incentives and administrative details of the program. DOE staff has prepared this set of Questions and Answers to address topics that are frequently the subject of questions, and to provide informal guidance on program administration to prospective applicants for renewable energy production incentives. DOE will revise the Questions and Answers from time to time if further experience under the program or public comments show
the need for such revision.

Format of the Questions and Answers

Questions and answers are grouped by the provision of the REPI regulations that they explicate and are presented in the same order as the regulatory provisions.

The text of the Questions and
Answers follows:

Questions and Answers Regarding Renewable Energy Production Incentives

Questions About 10 CFR 451.2
Definitions

Q1. Who is the ‘‘DOE Deciding Official’’ responsible for acting on applications for REPI payments?

A1. Section 451.2 defines ‘‘Deciding
Official’’ to mean ‘‘the Assistant Secretary for Energy Efficiency and Renewable Energy (or any DOE official to whom the authority of the Assistant Secretary may be redelegated by the Secretary of Energy).’’ On July 26, 1996, the Secretary of Energy delegated the authority of the Deciding Official to the Manager, Golden Field Office, Golden, Colorado (Delegation Order No. 0204– 159). This delegation places full responsibility for administering the REPI Program with the Golden Field Office. However, this delegation does not affect the non-delegable responsibility of the Assistant Secretary for Energy Efficiency and Renewable Energy, under Section 451.9(e), to
determine the extent to which appropriated funds are available for obligation under this program for each fiscal year.

Q2. What constitutes a ‘‘renewable energy facility’’ for purposes of establishing eligibility for REPI payments?

A2. Any owner of a qualified renewable energy facility, or any operator of such facility with the owner’s written consent, may apply for REPI payments for net electric energy generated for sale from a renewable energy source. Section 451.2 defines ‘‘renewable energy facility’’ to mean a