## 65742 Federal Register /Vol. 67, No. 208 /Monday, October 28, 2002 /Proposed Rules

§ 1400

.603 Commensurate reduction. (a) Any program payment or benefit 

### subject to this part provided to an entity, general partnership or joint venture shall be reduced by an amount commensurate with the direct and indirect ownership interest in the entity, general partnership, or joint venture of each individual or entity determined to have an average adjusted gross income in excess of this limitation under the standards elsewhere provided in this subpart for the direct recipient of such payments. (b) Ownership interest in an entity shall be reviewed to the fifth level of ownership to determine whether a commensurate reduction is applicable and the extent of such reduction. If an ownership interest is not held by an individual in any of the first five levels of ownership, no payment or benefit shall be made with respect to such interest.
Signed in Washington, DC, on October 21, 2002.
James R. Little, Executive Vice President, Commodity Credit Corporation.
[FR Doc. 02-27227 Filed 10-25-02; 8:45 amj

BILLING CODE 3410-05-P 

### considered timely if they are submitted by 11:59 p.m. (Eastern time) January 8, 2003. Written comments, data and information, and a signed original with an electronic copy on diskette, must be received at the Department of Energy by January 8, 2003.

ADDRESSES : The workshop will be held at the U.S. Department of Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue SW., Washington, DC 20585. (Please note that foreign nationals visiting DOE Headquarters are subject to advance security screening procedures. If you are a foreign national and wish to participate in the workshop, please
inform DOE of this fact as soon as possible by contacting Ms. Crystal Branson at (202) 586-6448 so that the necessary procedures can be completed.)
On or about November 15, 2002, DOE will place a set of presentations describing the Department's research on these issues and workshop agenda on
the DOE Web site at: http:// 

### wlnav. eren. d oe.gov/buildings/ codes_standards/. Please submit comments, data and information electronically. These should be sent to the following Internet address:



## DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket Nos

. EE-RMITP

-02-002 ; EE-RM/ STD-02-330]


### Energy Conservation Program for Consumer Products : Test Procedure for Residential Central Air Conditioners and Heat Pumps ; Energy Conservation Standards for Small Duct High Velocity Air Conditioners and Heat Pumps

AGENCY : Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of public workshop.

SUMMARY : The Department of Energy (DOE or Department) is convening a public workshop to discuss and receive comments on several. issues related to test procedures for residential central air conditioners and heat pumps andenergy conservation standards for smallduct high-velocity (SDHV) central air conditioners and heat pumps.
DATES : The public workshop will be held on Friday, December 13, 2002, from 9 a.m. to 4 p.m. Comments submitted by electronic mail will be CAC@ee.doe.gov. Electronic comments
must be submitted as a WordPerfect 5.1/
6.1/8 format file and avoid the use of special characters or any form of encryption. Comments in electronic format should also be identified by the
docket number EE-RM/STD-02-330(for SDHV comments), or EE-RM/TP02-002 (for test procedure comments), and wherever possible carry the electronic signature of the author. Absent an electronic signature, comments submitted electronically must be followed and authenticated by submitting the signed original paper document. No telefacsimiles (telefaxes) will be accepted. 

### Written (paper) comments may be submitted to: Ms. Crystal Branson, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Energy Conservation Program for Consumer Products: Energy Conservation Standards and Test Procedures for Residential Central Air Conditioners and Heat Pumps, Docket Number: EE-RM/TP-02-002 (for test procedure comments); EE-RM/STD-02- 330 (for SDHV comments), EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 586-6448. Please submit one signed copy and a computer diskette or CD (in WordPerfectTM 8 format)-no telefacsimiles. Copies of the transcript of the public workshop, public comments received, and this notice may be read (or copied) at the Freedom of Information Reading Room, U.S. Department of Energy, Forrestal Building, Room 1E-190, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-3142, between the hours of 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Raymond, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586- 9611, e-mail: michael.raymond@ee.doe.gov, or Mr. Michael W. Bowers, Esq., U.S. Department of Energy, Office of General Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-8140, e-mail: Mike.Bowers a hq. doe.gov.

SUPPLEMENTARY INFORMATION : Part B of Title III of the Energy Policy and Conservation Act of 1975 (EPCA or Act), Public Law 94-163, as amended by the National Energy Conservation Policy Act (NECPA), Public Law 95-619; the National Appliance Energy Conservation Act of 1987 (NAECA), Public Law 100-12; the National Appliance Energy Conservation Amendments of 1988 (NAECA 1988), Public Law 100-357; and the Energy Policy Act of 1992 (EPACT), Public Law 102-486, created the Energy Conservation Program for Consumer
Products other than Automobiles. The consumer products subject to this program include residential central air
conditioners and. central air conditioning heat pumps. (42 U.S.C. 6295(d)). 

### The Department has been pursuing a rulemaking activity for the purpose of determining whether amended energy conservation standards for the niche central air conditioning products with small ducts and high velocities are justified. The Department also is developing additional revisions it intends to propose to the test procedures for residential central air conditioners and heat pumps. These revisions concern: (1) Establishing new default values for the cooling mode cyclic degradation coefficients; (2) increasing the minimum static pressure used in testing small. duct high velocity systems; (3) testing of two-capacity heat pumps; and (4) acceptable verification units for the alternative rating method. The workshop announced in today's notice is the next step in the rulemaking process for determining whether to

## Federal Register /Vol. 67, No. 208 /Monday, October 28, 2002 /Proposed Rules 65743

amend the energy conservation standards for small-duct high-velocity air conditioners and heat pumps. In a notice of final rulemaking published on May 23, 2002 (67 FR 36368), DOE established amended energy
conservation standards for all classes of
residential central air conditioners andheat pumps except small-duct highvelocity systems. In that final rule, DOE created a separate product class for SDHV systems, but it deferred establishing amended standards pending completion of a new test procedure and the analysis needed to support new standards. The May 23, 2002, final rule defines "small duct high-velocity system" to mean a heating and cooling product that contains a
blower and indoor coil combination that: (1) Is designed for, and produces,
at least 1.2 inches of external static pressure when operated at the certified air volume rate of 220-350 CFM per rated ton of cooling; and (2) when applied in the field, uses high velocity room outlets generally greater than 1000 fpm which have less than 6.0 square
inches of free area. (See revision to § 430.2 at 67 FR 36406). The workshop announced in today's notice is also being held to consider the additional revisions to DOE's test procedure for central air conditioners and heat pumps mentioned in the preceding paragraph
of this notice.
A detailed agenda for this workshop is currently under development and as noted above, will be posted on the Department's Web site on or about November 15, 2002. The agenda items
will include issues related to the engineering and life-cycle cost methodology used in the small-duct high-velocity standards rulemaking, and the methodology and data used to
derive new default values for the cooling mode cyclic degradation coefficients. For each agenda item, the Department will make a presentation summarizing the current status and will initiate a discussion regarding the accuracy and completeness of data and analysis tools. During these discussions, the Department is particularly interested in receiving comments and views of interested parties and possible approaches to enhance the accuracy of the analysis tools and data. The Department encourages those who wish to participate in the workshop to make presentations that address these issues. If you would like to make a presentation during the workshop, please inform Ms.
Branson at least two weeks before the date of the workshop and provide her with a copy of your written presentation 

### material at least one week before the date of the workshop. The meeting will be conducted in an informal, conference style. A court reporter will be present to record the minutes of the meeting. There shall be no discussion of proprietary information, costs or prices, market shares, or other commercial matters regulated by antitrust law, After the meeting and a period for written statements, the Department will begin collecting data and conducting the analyses discussed at the workshop. If you would like to participate in the workshop, to receive workshop materials, or to be added to the DOE mailing list to receive future notices and information regarding distribution transformers, please contact Ms. Crystal Branson at (202) 586-6448.
Issued in Washington, DC, on October 22, 2002. David K. Garman, Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 02-27332 Filed 10-25-02; 8:45 am]

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### COMMODITY FUTURES TRADING COMMISSION

17 CFR Part 4

RIN 3038-AB34 20581. Comments may be sent by facsimile transmission to (202) 418- 5528, or by e-mail to secretary@cftc.gov. Reference should be made to "Proposed Amendment to Rule 4.5 for Non-Hedge Activity."
FOR FURTHER INFORMATION CONTACT: Barbara S. Gold, Associate Director, Division of Clearing and Intermediary Oversight, or Ronald Hobson, Industry Economist, Office of the Chief Economist, Commodity Futures Trading Commission, 1155 21st Street, NW., Washington, DC 20581, telephone number: (202) 418-5441 or (202) 418- 5285, respectively; facsimile number: (202) 418-5536, or (202) 418-5660, respectively; and electronic mail: bgold@cftc.gov or rhobson@cftc.gov, respectively.

SUPPLEMENTARY INFORMATION:


### 1. Background The term "commodity pool operator" (CPO) is defined in section la(5) of the Commodity Exchange Act (Act),' to

mean: [A]ny person engaged in a business that is of the nature of an investment trust, syndicate, or similar form of enterprise, and who, in connection therewith, solicits, accepts, or receives from others, funds, securities, or property, either directly or through capital contributions, the sale of stock or other forms of securities, or otherwise, for the purpose of trading in any commodity for future delivery on or subject
Exclusion for Certain Otherwise to the rules of any contract market or Regulated Persons From the Definition derivatives transaction execution facility,

of the Term " Commodity Pool except that the term does not include such
Operator" persons not within the intent of the definition ofthe term as the Commission may specify AGENCY: Commodity Futures Trading by rule, regulation, or order. [Emphasis Commission. added.) 2 

### ACTION: Proposed rule. In connection with the adoption of the Futures Trading Act of 1982,13 the
SUMMARY : The Commodity Futures Senate Committee on Agriculture, Trading Commission (Commission or Nutrition, and Forestry (Committee) CFTC) is proposing to amend Rule 4.5 considered an amendment to the Act by adding an alternative limitation on that would have exempted certain the non-hedge activities of eligible persons from the CPO definition. In lieu persons claiming relief under the rule of adopting such an amendment to the (Proposal). The Commission also is CPO definition, the Committee directed taking a "no-action" position to permit the Commission to issue regulations that the use of this alternative criterion would have the effect of providing relief pending final action on an amendment from regulation as a CPO for certain to the rule, The Proposal and the "no- otherwise regulated persons with action" position would not affect the respect to their operation of certain ability of qualifying entities under Rule collective investment vehicles that met 4.5 to engage in unlimited trading for certain criteria. These criteria specified, bona fide hedging purposes, among other things, that "the entity uses DATES: Comments on the proposed rule commodity futures or options thereon
change must be received by December 12, 2002.
ADDRESSES : Comments on the proposed rule should be sent to lean A. Webb, Secretary, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street, NW., Washington, DC 7 U.S.C. 1a(5) (2002).

z Both the Act and the Commission's rules issued thereunder can be accessed through the Commission's Web site: www.cftc.gov/cftc/ cftclawreg.htm#cea. Commission rules cited to herein are found at 17 CFR chapter I (2002). :'Pub. L. No. 97-444, 96 Stat. 2294 at seq. (1983).