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 and

energy 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

EE-RM/TP-02-002 COMMENT 01B
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 and

heat 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]

BILLING CODE 6450-01-P

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

of the 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).

EE-RM/TP-02-002 COMMENT 01B