- k.~ "' ' / D.2... 29357

Proposed Rules Federal Register

Vol. 63, No. 103

Friday. May 29, 1998

This section of the FEDERAL REGISTER ADDRESSES: The meeting will be held at For the Nuclear Regulatory Commission.

contains notices to the public of the proposed the NRC Headquarters, 11555 Rockvllle Thomas H. Essig,

issuance of rules and regulations. The Pike, Rockvlle, MD 20852, in room O- Acting Chief Generic ssuesand

purpose of these notices is to give interested 10B-11, starting at 1:00 pm. EnvironmentalProJectsBranch, Divisionof

persons an opportunity to participate in the SUPPLEMENTARY INFORMATION: The ReactorProgram Management, Office of

rule making por to the adoption of the final Nuclear Regulatory Commission (NRC) NuclearReactorRegulation

_______________________ is proposing to amend its regulations to [FR Doc. 98-14099 Filed 5-28-98; 8:45 am]

provide persons licensed to construct or BILLI CODE 759-1-

NUCLEAR REGULATORY operate light-water nuclear power

COMMISSION reactors with the option of either

meeting the criticality accident DEPARTMENT OF ENERGY

10 CFR Parts 50 and 70 requirements of paragraph (a) of 10 CFR

70.24 in handling and storage areas for Office of Energy Efficiency and

Criticality Accident Requirements; SNM, or electing to comply with certain Renewable Energy

Public Meeting requirements that would be

incorporated into 10 CFR part 50. These 10 CFR Part 430

Commission. are generally the requirements that the [Docket No. EE-RMISTD-9440] ~Commission.~~ NRC has used to grant specific

ACTION: Notice of public meeting. exemptions to the requirements of 10 IN1904-AA77

CFR 70.24. In addition, the NRC is SUMMARY: The Nuclear Regulatory Crosing to revtio the crre t of Energy Conservation Program for proposing to revise the current text of Consumer Products: Notice of Public Commission (NR) has initiated a the section relating to seeking specific Worksuop on Cntrl Air Conitioner

rulemaking to provide light-water exemptions from regulations in 10 CFRondtoner

nuclear power reactor licensees with 70.24(d) which provided that a licensee Rulemakin ta n d a rd s

greater greater flexibility flexibility in in meeting meeting the the could seek an exemption to Rulemaklng all or part

requirement that licensees authorized to of 10 CFR 70.24 for good cause because AGENCY: Office of Energy Efficiency and

possess more than a small amount of it is redundant to 10 CFR 70.14(a). A Renewable Energy, Department of

special nuclear material (SNM), new section, 10 CFR 70.24 (d) may be Energy.

maintain a criticality monitoring system added to clarify that the requirements in ACTION: Notice of Public Workshop.

in each area where the material is paragraph (a) through (c) of 10 CFR

handled, used, or stored. This action is 70.24 do not apply to holders of a SUMMARY: The Department of Energy

taken as a result of the experience construction permit or operating license (the Department or DOE) today gives

gained in processing and evaluating a for a nuclear power reactor Issued notice that it will convene a public

number of exemption requests from pursuant to 10 CFR part 50, or workshop to discuss the proposed

power reactor licensees and NRC's combined licenses issued under 10 CFR analytical framework and tools for

safety assessments in response to these part 52, if the holders comply with the evaluating possible revisions to the

requests that concluded that the requirements of 10 CFR 50.68 (b). It is central air conditioner and heat pump

likelihood of criticality was negligible, proposed that exemptions acquired energy efficiency standards.

On December 3, 1997 (62 FR 63825), under 10 CFR 70.24 after the Issuance DATES: The public workshop will be

the Nuclear Regulatory Commission of the operating license will still be . held on Tuesday, June 30, 1998, from 9

published in the Federal Register a valid if the option selected is 10 CFR a.m. to 4 p.m.

direct final rule amending its 70.24 or If the 10 CFR 70.24 exemptions ADDRESSES: The workshop will be held

regulations that would have provided were explicitly renewed when the 10 at the U.S. Department of Energy, Office

persons licensed to construct or operate CFR part 50 operating license was of Energy Efficiency and Renewable

light-water nuclear power reactors with issued. Energy, EE-43, Room E-245, 1000

the option of either meeting the The meeting will be open to the Independence Avenue, SW

criticality accident requirements of public, on a space available basis. The Washington, DC 20585-0121.

paragraph (a) of 10 CFR 70.24 in agenda for the workshop will focus on Written comments are welcome,

handling and storage areas for SNM, or a discussion of the public comments especially following the workshop.

electing to comply with requirements received and the above regulatory Please submit 10 copies (no faxes) and

that would be incorporated into 10 CFR issues. Members of the public who are a computer diskette (WordPerfect 6.1)

part 50 at § 50.68. The direct final rule unable to attend the workshop can to: Ms. Brenda Edwards-Jones, U.S.

would have become effective on obtain copies of the papers developed Department of Energy, Office of Energy

February 17, 1998. Significant adverse by the staff through NRC's Public Efficiency and Renewable Energy

comments were received from the Document Room (U.S. Nuclear Energy Conservation Program for

public, resulting in the staff Regulatory Commission, Attention: NRC Consumer Products: Notice of Public

withdrawing the rule. In an attempt to Public Document Room, Washington, Workshop on Central Air Conditioner

better understand the focus of the public DC 20555-0001) or on:the Internet via Energy Efficiency Standards

comments, the staff is conducting a NRC's Technical Conference Forum Rulemaking, Docket No. EE-RM/STDpublic meeting. (http://techconf.llnl.gov/noframe.html). 98-440, EE-43, 1000 Independence

DATES: The meeting will be held on Dated at Rockville, Maryland this 21st day Avenue, SW, Washington, DC 20585-

Monday, June 8, 1998. of May, 1998. 0121. Telephone: (202) 586-2945.

EE-RM-STD-98-440 COMMENT 01B

Proposed Rules 

This section of the FEDERAL REGISTER 

contains notices to the public of the proposed 

issuance of rules and regulations. The 

purpose of these notices is to give interested 

persons an opportunity to participate in the 

rule making prior to the adoption of the final 

rules. 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 50 and 70 

Criticality Accident Requirements; 

Public Meeting 

AGENCY: U.S. Nuclear Regulatory 

Commission. 

ACTION: Notice of public meeting. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) has initiated a 

rulemaking to provide light-water 

nuclear power reactor licensees with 

greater flexibility in meeting the 

requirement that licensees authorized to 

possess more than a small amount of 

special nuclear material (SNM) , 

maintain a criticality monitoring system 

in each area where the material is 

handled, used, or stored. This action is 

taken as a result of the experience 

gained in processing and evaluating a 

number of exemption requests from 

power reactor licensees and NRC's 

safety assessments in response to these 

requests that concluded that the 

likelihood of criticality was negligible. 

On December 3, 1997 (62 FR 63825), 

the Nuclear Regulatory Commission 

published in the Federal Register a 

direct final rule amending its 

regulations that would have provided 

persons licensed to construct or operate 

light-water nuclear power reactors with 

the option of either meeting the 

criticality accident requirements of 

paragraph (a) of 10 CFR 70.24 in 

handling and storage areas for SNM, or 

electing to comply with requirements 

that would be Incorporated into 10 CFR 

part 50 at § 50.68. The direct final rule 

would have become effective on 

February 17, 1998. Significant adverse 

comments were received from the 

public, resulting in the staff 

withdrawing the rule. In an attempt to 

better understand the focus of the public 

comments, the staff is conducting a 

public meeting. 

DATES: The meeting will be held on 

Monday, June 8, 1998. . 

B 

Federal Register 

Vol. 63, No. 103 

Friday, May 29, 1998 

29357 

ADDRESSES: The meeting w1ll be held at For the Nuclear Regulatory Commission. 

the NRC Headquarters, 11555 Rockvllle Thomas H. Essig, 

Pike, Rockvllle, MD 20852, in room 0- Acting Chief, GenericIssues and. . 

lOB-II, starting at 1 :00 pm. Environmental Projects Branch. Division of 

SUPPLEMENTARY INFORMATION: The Reactor Program Management. Omce of 

Nuclear Regulatory Commission (NRC) Nuclear Reactor Regulation. 

is proposing to amend its regulations to (FR Doc. 98-14099 Filed 5-28-98; 8:45 am) 

provide persons licensed to construct or.,t~ INO CODE 7591H11-f> 

operate light-water nuclear power ~-==f=;:::========================== reactors with the option of either 

meeting the criticality accident EPARTMENT OF ENERGY 

reqUirements of paragraph (a) of 10 CFR 

70.24 in handling and storage areas for Office of Energy Efficiency and 

SNM, or electing to comply with certain Renewable Energy . 

reqUirements that would be 

Incorporated Into 10 CFR part 50. These 10 CFR Part 430 

are generally the requirements that the [Docket No. EE-RM/STD-9~40] 

NRC has used to grant specific 

exemptions to the reqUirements of 10 

CFR 70.24. In addition, the NRC is 

proposing to revise the current text of 

the section relating to seeking specific 

exemptions from regulations in 10 CFR 

70.24(d) which provided that a licensee 

could seek an exemption to all or part 

of 10 CFR 70.24 for good cause because 

it is redundant to 10 CFR 70.14(a). A 

new section, 10 CFR 70.24 (d) may be 

added to clarify that the requirements In 

paragraph (a) through (c) of 10 CFR 

70.24 do not apply to holders of a 

construction permit or operating license 

for a nuclear power reactor issued 

pursuant to 10 CFR part 50, or 

combined licenses issued under 10 CFR 

part 52. if the holders comply with the 

requirements of 10 CFR 50.68 (b). It is 

proposed that exemptions acquired 

under 10 CFR 70.24 after the Issuance 

of the operating license will stIlI be 

valid if the option selected is 10 CFR 

70.24 or If the 10 CFR 70.24 exemptions 

were expliCitly renewed when the 10 

CFR part 50 operating license was 

issued. 

The meeting will be open to the 

public. on a space available basis. The 

agenda for the workshop will focus on 

a discussion of the public comments 

received and the above regulatory 

Issues. Members of the public who are 

unable to attend the workshop can 

obtain copies of the papers developed 

by the staff through NRC's Public 

Document Room (U.S. Nuclear 

Regulatory Commission, Attention: NRC 

Public Document Room, Washington, 

DC 20555-0001) or onthe Internet via 

NRC's Technical Conference Forum 

(http://techconf.llnl.gov/noframe.html) . 

Dated at Rockville, Maryland this 21st day 

of May. 1998. 

RIN 1904-AA77 

Energy Conservation Program for 

Consumer Products: Notice of Public 

Workshop on Central Air Conditioner 

Energy Efficiency Standards 

Rulemaiclng 

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 

central air conditioner and heat pump 

energy efficiency standards. 

DATES: The public workshop will be 

held on Tuesday, June 30, 1998. from 9 

a.m. to 4 p.m. 

ADDRESSES: The workshop will be held 

at the U.S. Department of Energy, Office 

of Energy Efficiency and Renewable 

Energy, EE.-43. Room lE-245, 1000 

Independence Avenue. SW, 

Washington, DC 20585-0121. 

Written comments are welcome, 

especially following the workshop. 

Please submit 10 copies (no faxes) and 

a computer diskette (WordPerfect 6.1) 

to: Ms. Brenda Edwards~Jones. U.S. 

Department of Energy. Office of Energy 

Efficiency and Renewable Energy. 

Energy Conservation Program for 

Consumer Products: Notice of Public 

Workshop on Central Air Conditioner 

Energy Efficiency Standards 

Rulemaklng, Docket No. EE-RM/STD98-440,EE-43,1000Independence 

Avenue, SW, Washington, DC 20585-

0121. Telephone: (202) 586-2945. 
Z9358 Federal Register/Vol. 63, No. 103/Friday, May 29, 1998/Proposed Rules

Copies of the transcript of the public cons of each approach, and (2) data Issued in Washington, DC, on May 22,

workshop, public comments received, collection and the reporting of costs for 1998.

and this notice may be read at the DOE incorporation into the engineering Dan W. Reicher.

Freedom of Information Reading Room, analysis. Assistant Secretary, Energy Efficiency and

U.S. DOE, Forrestal Building, Room lE- rice of Air ConditionersThRenewable Energy.

190, 1000 Independence Avenue, SW, on FR Doc. 98-14258 Filed 5-28-98; 8:45 am]

Washington, DC 20585, (202) 586-3142, po le approaches to generating retail BILUN CODE 6

450-01-

between the hours of 9 a.m. and 4 p.m.,ches to generating r

Monday through Friday, except Federal prices to be used in the consumer lifeholidays. cycle-cost analysis. FEDERAL ELECTION COMMISSION

FOR FURTHER INFORMATION CONTACT: Life-Cycle-Cost: The Department plans

Edward Pollock, U.S. Department of to demonstrate a new life-cycle-cost [Notice 1998-10]

Energy, Office of Energy Efficiency and spreadsheet model which can account 11 CFR Part 114

Renewable Energy, Forrestal Building, for variability of key criteria, such as

Mail Station EE-43, 1000 Independence utility rates and climate. Qualified Nonprofit Corporations

Avenue, SW, Washington, DC 20585- Electricity Price: The Department willAGENCY: FederalElection ommission

0121, (202) 586-5778. lead a discussion on possible Ms. Brenda Edwards-Jones, U.S. ACTION' Notice of Disposition of Petition Ms. Brenda Edwards-Jones, OU.S. approaches for accounting for variations for Rulemaking. Department of Energy, Office of in electricity price, and the effects of or ue n

Energy Efficiency and Renewable r these variations on different consumers. SUMMARY: The Commission announces

Mail Station EE-43, 1000 Refrigerant: The refrigerant used in air its disposition of a Petition for

Independence Avenue, SW, conditioners will be banned by the Rulemaking filed on November 17, 1997

Washington, DC 20585-0121, (202) Environmental Protection Agency in by James Bopp, Jr., on behalf of the

586-2945. 2010. The Department will lead a James Madison Center for Free Speech.

Eugene Margolis, Esq., U.S. Department discussion on the effects of this ban on The petition urges the Commission to

of Energy, Office of General Counsel, the timing of the revision to central air revise its regulations regarding qualified

Mail Station GC-72, Forrestal conditioner standards nonprofit corporations to conform them

to a decision of the United States Court

Building, 1000 Independence Avenue, Energy Savings Forecasts: The of Appeals for the Eighth Circuit. The

SW, Washington, DC 20585 - 0103, Department will present an example of Commission has decided not to Initiate

(202) 586-9526. energy savings forecasting results using a rulemaking in response to this

SUPPLEMENTARY INFORMATION: In a simple spreadsheet to show how the petition.

continuing the work on possible growth in efficiency can be accounted DATES: May 21, 1998.

revisions to energy efficiency standards for over time.

on central air conditioners, the FOR FURTHER INFORMATION CONTACT. Ms.

Department is convening a workshop to Background on the approach to be Susan E. Propper, Assistant General

present and receive public comments on followed in evaluating central air Counsel, or Paul Sanford, Staff

the proposed analytical approach for conditioner standards is found in Attorney, 999 E Street, NW,

evaluating the central air conditioner Section 325 of the Energy Policy and Washington, DC 20463, (202) 694-1650

standards. At this workshop the Conservation Act, as amended,-and or (800) 424-9530.

following will be discussed: appendix A of subpart C of 10 CFR part SUPPLEMENTARY INFORMATION: On

Review of the Rulemaking 430, 61 FR 36974 (uly 15, 1996). November 17, 1997, the Commission

Framework: The Department will seek Appendix A outlines the planning and received a Petition for Rulemaking from

comment on the draft analytical prioritization process, data collection the James Madison Center for Free

framework for the central air and analysis, and decision making Speech requesting that the Commission

conditioner rulemaking. Copies of the criteria. Previously published institute a rulemaking proceeding to

draft framework document will be information pertaining to this conform its regulations at 11 CFR 114.10

available beginning the week of May 25, rulemaking includes the following: An to the decision of the United States

1998, on the Office of Codes and Advance Notice of Proposed Court of Appeals for the Eighth Circuit

Standards web site. The web site Rulemaking Regarding Energy in Minnesota Citizens Concerned for

address is as follows: http:// Conservation Standards for Three Types Life v. Federal Election Commission,

www.eren.doe.gov/buildings/codes of Consumer Products, published on 113 F.3d 129 (8th Cir. 1997)

standards/index.htm. September 8, 1993 (58 FR 47326), and ["Minnesota"]. In that decision, the

Identification of Analytical Methods comments thereon. Copies may be read court of appeals held that section 114.10

and Tools: The Department seeks input at the DOE Freedom of Information is unconstitutional because it infringes

into the selection of engineering and Reading Room. upon the First Amendment rights of

economic analytical tools to be used certain nonprofit corporations. The

during the rulemaking: Please notify Brenda Edwards-Jones petition urges the Commission to revise

Engineering Analysis/Data Collection: or Edward Pollock at the above listed its regulations in accordance with this

The Department plans to collect data for address if you intend to attend the decision. For the reasons set out below,

the engineering analysis using one or workshop, if you wish to receive the Commission has decided not to

more of the following methods: the material prepared for the workshop revise its regulations, and is therefore

energy efficiency approach to derive a (including the draft analytical denying the petition.

cost efficiency curve within a range, the framework), or if you wish to be added Section 441b of the Federal Election

design option approach, and the market to the DOE mailing list for receipt of Campaign Act, 2 U.S.C. 431 et seq.

price (or reverse engineering) approach. future notices and information ["FECA" or "the Act"], broadly

The Department will review the key concerning central air conditioner prohibits corporations from making

issues surrounding: (1) The pros and matters relating to energy efficiency. independent expenditures. However,

EE-RM-STD-98-440 COMMENT 01B

Federal Register/Vol. 63. No. !03/Friday. May 29. 1998/Proposed Rules 

·5 

Copies of the transcript of the public 

workshop. public comments received. 

and this notice may be read at the DOE 

Freedom of Information Reading Room. 

U.S. DOE. Forrestal Building. Room 1E190.1000 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 INFORMAllON CONTACT': 

Edward Pollock. U.S. Department of 

Energy. Office of Energy Efficiency and 

Renewable Energy. Forrestal Building. 

Mail Station EE-43. 1000 Independence 

Avenue. SW. Washington. DC 2b585-

0121. (202) 586-5778. 

Ms. Brenda Edwards-jones. 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) 

586-2945. 

Eugene Margolis. Esq .. U.S. Department 

of Energy. Office of General Counsel. 

Mail Station GC-72. Forrestal 

Building. 1000 Independence Avenue. 

SW. Washington. DC 20585-0103. 

(202) 586-9526. 

SUPPLEMENTARY INFORMAllON: In 

continuing the work on possible 

revisions to energy efficiency standards 

on central air conditioners. the 

Department Is convening a workshop to 

present and receive public comments on 

the proposed analytical approach for 

evaluating the central air conditioner 

standards. At this workshop the 

following will be discussed: 

Review of the Rulemaking 

Framework: The Department will seek 

comment on the draft analytical 

framework for the central air 

conditioner rulemaking. Copies of the 

draft framework document will be 

available beginning the week of May 25. 

1998. on the Office of Codes and 

Standards web site. The web site 

address is as follows: http:// 

www.eren.doe.gov/buildings/codes 

standards/lndex.htm. 

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 datafor 

the engineering analysis using one or 

more of the following methods: the 

energy efficiency approach to derive a 

. cost effiCiency curve within a range. the 

design option approach. and the market 

price (or reverse engineering) approach. 

The Department will review the key 

Issues surrol,lndlng: (1) The pros and 

cons of each approach. and (2) data 

collection and the reporting of costs for 

incorporation into the engineering 

analysis. 

Price of Air Conditioners: The 

Department will lead a discussion on 

possible approaches to generating retail 

prices to be used in the consumer lifecycle-cost analysis. 

Life-CycJe-Cost: The Department plans 

to demonstrate a new Iife-cycle-cost 

spreadsheet model which can account 

for variability of key criteria. such as 

utility rates and climate. 

Electricity Price: The Department wilt" 

lead a discussion ori possible 

approaches for accounting for variations 

in electricity price. and the effects of 

these variations on different consumers. 

Refrigerant: The refrigerant used In air 

conditioners will be banned by the 

Environmental Protection Agency In 

2010. The Department will lead a 

discussion on the effects of this ban on 

the timing of the revision to central air 

conditioner standards. 

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. 

Background on the approach to be 

followed In evaluating central air 

conditioner standards Is found In 

Section 325 of the Energy Policy and 

Conservation Act. as amended.- and 

appendix A of subpart C of 10 CFR part 

430.61 FR 36974 Ouly 15.1996). 

Appendix A outlines the planning and 

prioritization process. data collection 

and analysis. and decision making 

criteria. Previously published 

information pertaining to this 

rulemaklng Includes the follOWing: An 

Advance Notice of Proposed 

Rulemaking Regarding Energy 

Conservation Standards for Three Types 

of Consumer Products. published on 

September 8. 1993 (58 FR 47326). and 

comments thereon. Copies may be read 

at the DOE Freedom of Information 

Reading Room. 

Please notify Brenda Edwards-jones 

or Edward Pollock at the above listed 

address 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 central air conditioner 

matters relating to energy efficiency. 

Issued in Washington. DC. on May 22. 

1998. 

Dan W. Reicher. 

Assistant Secretary. Energy Efflclency and 

Renewable Energy. 

IFR Doc. 98-14258 Filed 5-28-98; 8:45 am] 

BILLING CODE 6450-01-9 

FEDERAL ELECTION COMMISSION 

[Notice 1998-10] 

11 CFR Part 114 

Qualified Nonprofit Corporations 

AGENCY: Federal Election Commission. 

ACTION: Notice of Disposition of Petition 

for Rulemaklng. . 

SUMMARY: The Commission announces 

its disposition of a Petition for 

Rulemaklng filed on November 17. 1997 

by James Bopp. jr .. on behalf of the 

james Madison Center for Free Speech. 

The petition urges the Commission to 

revise Its regulations regarding qualified 

nonprofit corporations to conform them 

to a decision of the United States Court 

of Appeals for the Eighth Circuit. The 

Commission has decided not to Initiate 

a rulemaking In response to this 

petition. 

DATES: May 21. 1998. 

FOR FURTHER INFORMAllON CONTACT: Ms. 

Susan E. Propper. Assistant General 

Counsel. or Paul Sanford. Staff 

Attorney. 999 E Street. NW. 

Washington. DC 20463. (202) 694-1650 

or (800) 424-9530. 

SUPPLEMENTARY INFORMAllON: On 

November 17. 1997. the Commission 

received a Petition for Rulemaking from 

the james Madison Center for Free 

Speech requesting that the CommissIon 

institute a rulemaklng proceeding to 

conform Its regulations at 11 CFR 114.10 

to the decision of the United States 

Court of Appeals for the Eighth Circuit 

in Minnesota Citizens Concerned for 

Life v. Federal Election Commission. 

113 F.3d 129 (8th Cir. 1997) 

["Minnesota"]. In that decision. the 

court of appeals held that section 114.10 

is unconstitutional because it infringes 

upon the First Amendment rights of 

certain nonprofit corporations. The 

petition urges the Commission to revise 

its regulations in accordance with this 

deCision. For the reasons set out below. 

the Commission has decided not to 

revise its regulations. and is therefore 

denying the petition. 

Section 441 b of the Federal Election 

Campaign Act. 2 U.S.C. 431 et seq. 

["FECA" or "the Act"]. broadly 

prohibits corporations from making 

independent expenditures. However.