### k.~

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### 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 ofthe 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 ofthese 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, Officeof 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 ofeither 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 nd a rd s
greater flexibility in meeting the Rulemaklng greater flexibility in meeting the could seek an exemption to 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 ofPublic 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 ofa SUMMARY: The Department ofEnergy taken as a result ofthe 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 ofexemption 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 heatpump 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 ifthe 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 ofEnergy, Office persons licensed to construct or operate CFR part 50 operating license was ofEnergy Efficiency and Renewable light-water nuclear power reactors with issued. Energy, EE-43, Room E-245, 1000 the option ofeither 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 ofthe papers developed Department ofEnergy, Office ofEnergy 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 ofPublic withdrawing the rule. In an attempt to Public Document Room, Washington, Workshop on Central Air Conditioner better understand the focus ofthe public DC 20555-0001) or on:the Internet via Energy Efficiency Standards comments, the staffis 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. ofMay, 1998. 0121. Telephone: (202) 586-2945.



# Proposed Rules

This section ofthe FEDERAL REGISTER contains notices to the public ofthe proposed issuance of rules and regulations. The purpose ofthese notices is to give interested persons an opportunity to participate in the rule making prior to the adoption ofthe final rules.

NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 70
Criticality Accident Requirements; Public Meeting

AGENCY: U.S. NuclearRegulatory Commission.
ACTION: Notice ofpublic meeting.

SUMMARY: TheNuclearRegulatory Commission (NRC) has initiated a rulemaking to provide light-water nuclearpowerreactor licenseeswith greater flexibility inmeeting the requirement that licensees authorized to possess more than a small amount of special nuclearmaterial (SNM)

, maintain a criticality monitoringsystem in each area where the material is handled, used, orstored. This action is taken as a result oftheexperience gained inprocessing and evaluating a number ofexemptionrequests from powerreactor licensees and NRC's safety assessments in response to these requests that concluded that the likelihood ofcriticalitywas negligible.

On December3, 1997 (62 FR 63825), theNuclearRegulatory Commission published in theFederalRegistera directfinal rule amending its regulations thatwould have provided persons licensed to construct or operate light-waternuclearpowerreactorswith the option ofeithermeeting the criticality accidentrequirements of paragraph (a) of 10 CFR 70.24 in handling and storage areas for SNM, or electingto complywith requirements thatwould be Incorporated into 10 CFR part 50 at § 50.68. The directfinal 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 betterunderstand the focus ofthe public comments, the staffis conductinga public meeting.
DATES: The meetingwill be held on Monday, June 8, 1998.

. 

# B

Federal Register

Vol. 63, No. 103
Friday, May 29, 1998 

### 29357

ADDRESSES: The meetingw1ll be held at For the Nuclear Regulatory Commission. the NRC Headquarters, 11555 Rockvllle Thomas H. Essig, Pike, Rockvllle, MD 20852, in room 

### 0- ActingChief, GenericIssuesand.

. 

### lOB-II, starting at 1:00 pm. EnvironmentalProjectsBranch.Divisionof SUPPLEMENTARY INFORMATION: The ReactorProgramManagement. Omceof Nuclear Regulatory Commission (NRC) NuclearReactorRegulation. is proposingto amend its regulations to (FR Doc. 98-14099 Filed 5-28-98; 8:45 am) providepersons licensed to construct**or.,t~** INO CODE 7591H11-f> operate light-water nuclearpower**~-==f=;:::==========================** reactors with the option ofeither meeting the criticality accident EPARTMENT OF ENERGY reqUirements ofparagraph (a) of 10 CFR 70.24 in handling and storage areas for Office of Energy Efficiency and SNM, orelecting to comply with certain Renewable Energy

. reqUirements thatwould 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 proposingto revise the currenttext of the section relating to seekingspecific exemptions from regulations in 10 CFR 70.24(d) which provided that a licensee could seek an exemption to all orpart 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 ofa construction permit or operating license for a nuclear powerreactor issued pursuantto 10 CFR part 50, or combined licenses issued under 10 CFR part 52. ifthe holders complywiththe requirements of 10 CFR 50.68 (b). It is proposed thatexemptions acquired under 10 CFR 70.24 after the Issuance ofthe operating license will stIlI be valid ifthe option selected is 10 CFR 70.24 or Ifthe 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 willfocus on
a discussion ofthe public comments received and the above regulatory Issues. Members ofthe public who are unable to attend the workshop can obtain copies ofthe papers developed by the staffthrough NRC's Public DocumentRoom (U.S. Nuclear Regulatory Commission, Attention: NRC Public DocumentRoom, Washington, DC 20555-0001) or ontheInternetvia NRC's Technical ConferenceForum (http://techconf.llnl.gov/noframe.html)

.

Dated at Rockville, Maryland this 21stday ofMay. 1998. RIN 1904-AA77
Energy Conservation Program for Consumer Products: Notice of Public Workshop on Central AirConditioner Energy Efficiency Standards Rulemaiclng

AGENCY: Office ofEnergy Efficiency and Renewable Energy. Department of Energy. ACTION: Notice ofPublicWorkshop.

SUMMARY: The Department ofEnergy (the Departmentor DOE) today gives notice thatitwill convene a public workshop to discuss the proposed analyticalframework and tools for evaluatingpossible revisIons to the central air conditionerandheatpump energyefficiencystandards. DATES: The publicworkshop will be held on Tuesday, June 30, 1998. from 9

a.m. to 4 p.m. ADDRESSES: The workshop will be held atthe U.S. DepartmentofEnergy, Office ofEnergy Efficiencyand 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 computerdiskette (WordPerfect 6.1)
to: Ms. Brenda**Edwards~Jones.** U.S. DepartmentofEnergy. Office ofEnergy Efficiency and Renewable Energy. Energy Conservation Program for ConsumerProducts: Notice ofPublic 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 ofthe transcript ofthe public cons ofeach approach, and (2) data Issued in Washington, DC, on May 22, workshop, public comments received, collection and the reporting of costs for 1998. and thisnotice may be read at the DOE incorporation into the engineering Dan W. Reicher. Freedom of Information Reading Room, analysis. AssistantSecretary, EnergyEfficiencyand U.S. DOE, Forrestal Building, Room 

### lE- riceof 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 BIL U N 

### CODE 6 45

0-01- between the hours of9 a.m. and 4 p.m.,ches 

### to generating r Monday through Friday, except Federal prices to beused 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 ofPetition

Ms.

Brenda Edwards-Jones, OU.S. approaches for accounting for variations for Rulemaking. Department ofEnergy, 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 ofa 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 ofthis ban on The petition urges the Commission to

ofEnergy, 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 ofthe United States Court Building, 1000 Independence Avenue, EnergySavingsForecasts: 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 ofMay 25, rulemaking includes the following: An to the decision ofthe United States 1998, on the Office of Codes and Advance Notice of Proposed Court ofAppeals 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 ofAnalytical Methods comments thereon. Copies may be read court ofappeals held that section 114.10 and Tools: The Department seeks input at the DOE Freedom ofInformation is unconstitutional because it infringes into the selection ofengineering 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/DataCollection: 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, ifyou 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 etseq. 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, 

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

# ·5

Copies ofthe transcript ofthe public workshop. public commentsreceived. and this notice maybe read at the DOE Freedom ofInformation Reading Room. U.S. DOE. ForrestalBuilding. Room 1E190.1000Independence Avenue. SW. Washington. DC 20585. (202) 586-3142. between the hours of9 a.m. and 4 p.m

.. Monday through Friday. exceptFederal holidays.

FOR FURTHER INFORMAllON CONTACT': Edward Pollock. U.S. Department of Energy. Office ofEnergy 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.

DepartmentofEnergy. Office of Energy Efficiencyand Renewable Energy. U.S. Department ofEnergy. Mail Station EE-43. 1000 Independence Avenue. SW. Washington. DC 20585-0121. (202) 586-2945. Eugene Margolis. Esq

.. U.S. Department

ofEnergy. Office ofGeneralCounsel. Mail Station GC-72. Forrestal Building. 1000 Independence Avenue. SW. Washington. DC 20585-0103. (202) 586-9526.

SUPPLEMENTARY INFORMAllON: In continuingthework onpossible revisions to energy efficiency standards

on central airconditioners. the DepartmentIs convening a workshop to presentand receive public comments on the proposed analytical approach for evaluating the central airconditioner standards. At this workshop the following will be discussed:

Review ofthe Rulemaking Framework: The Departmentwill seek
commenton the draftanalytical framework for the centralair conditionerrulemaking. Copies ofthe draftframework documentwill be available beginning the week ofMay 25. 1998. on the Office ofCodes and Standards web site. The web site address is as follows: http:// www.eren.doe.gov/buildings/codes standards/lndex.htm.

Identification ofAnalyticalMethods andTools: TheDepartmentseeks input into the selection ofengineering and economic analytical tools to be used during the rulemaking:

EngineeringAnalysis/Data Collection: The Departmentplans to collect datafor the engineeringanalysis using one or
more ofthe following methods: the
energy efficiency approach to derive a

. costeffiCiency curvewithin a range. the

design option approach. and the market price (or reverse engineering) approach. The Departmentwill review the key Issues surrol,lndlng: (1) The pros and cons ofeach approach. and (2) data collection and the reporting ofcosts for incorporation into the engineering analysis.

Price of Air Conditioners: The Departmentwill lead a discussion on possible approaches to generating retail prices to be used in the consumerlifecycle-cost analysis.

Life-CycJe-Cost:TheDepartmentplans
to demonstrate a new Iife-cycle-cost spreadsheetmodel which can account for variability ofkey criteria. such as utility rates and climate.

ElectricityPrice: The Departmentwilt" lead a discussion ori possible approaches for accountingfor variations in electricity price. and the effects of these variations on different consumers.

Refrigerant:The refrigerantused In air conditionerswill be banned by the Environmental Protection Agency In 2010. The Departmentwill lead a discussion on the effects ofthis ban on the timing ofthe revision to central air conditioner standards.

Energy Savings Forecasts: The Departmentwill presentan example of energy savings forecasting results using

a simple spreadsheetto show how the growth In efficiency can be accounted for overtime.

Background on the approach to be followed In evaluatingcentral air conditioner standards Is found In Section 325 ofthe Energy Policy and Conservation Act. as amended.- and appendix A ofsubpart Cof 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 pertainingto this rulemaklng Includes the follOWing: An Advance Notice ofProposed Rulemaking Regarding Energy Conservation Standardsfor ThreeTypes ofConsumerProducts. published on September 8. 1993 (58 FR 47326). and
comments thereon. Copies may be read
attheDOE Freedom ofInformation Reading Room.

Please notify Brenda Edwards-jones

or Edward Pollock at the above listed address ifyou Intend to attendthe workshop. ifyou wish to receive material prepared for the workshop (including the draftanalytical framework). or Ifyouwish to be added
to the DOE mailing listfor receiptof future notices and Information concerning central air conditioner
matters relating to energy efficiency. Issued in Washington. DC. on May 22. 1998.
DanW. Reicher. AssistantSecretary. EnergyEfflclencyand RenewableEnergy. 

### IFR Doc. 98-14258Filed 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: FederalElection Commission.

ACTION: Notice ofDisposition ofPetition for Rulemaklng.

.

SUMMARY: The Commission announces its disposition ofa Petition for Rulemaklng filed on November 17. 1997 by James Bopp.jr

.. onbehalfofthe jamesMadison Centerfor Free Speech. The petition urges the Commission to revise Its regulations regarding qualified nonprofitcorporationsto conformthem
to a decision ofthe United States Court ofAppealsfor theEighth Circuit. The Commission has decided notto Initiate

a rulemaking In response to this petition.

DATES: May 21. 1998.

FOR FURTHER INFORMAllON CONTACT: Ms. SusanE. Propper. Assistant General Counsel. orPaul 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 thejamesMadison Centerfor Free Speech requesting that the CommissIon institute a rulemaklngproceeding to conform Its regulations at 11 CFR 114.10
to the decision oftheUnited States Court ofAppeals for the Eighth Circuit inMinnesota Citizens Concernedfor Lifev. FederalElection Commission. 113 F.3d 129 (8th Cir. 1997) ["Minnesota"]. In thatdecision. the
court ofappeals held thatsection 114.10 is unconstitutional because itinfringes upon the FirstAmendmentrights of certain nonprofit corporations. The petition urges the Commission to revise its regulations in accordance with this deCision. For the reasons setoutbelow. the Commission has decided not to revise its regulations. and is therefore denying the petition.

Section 441b ofthe Federal Election Campaign Act. 2 U.S.C. 431 etseq. ["FECA" or "the Act"]. broadly prohibitscorporationsfrom making independent expenditures. However.