Loan Guarantees for Projects That Employ Innovative Technologies, 1961-1962 [E8-325]
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Rules and Regulations
Federal Register
Vol. 73, No. 8
Friday, January 11, 2008
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF ENERGY
10 CFR Part 609
RIN 1901–AB21
Loan Guarantees for Projects That
Employ Innovative Technologies
Office of the Chief Financial
Officer, Department of Energy.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of Energy
(DOE) today publishes a final rule to
amend DOE’s October 23, 2007 final
rule concerning loan guarantees for
projects employing innovative
technologies. This final rule removes an
extraneous paragraph, originally
included in the proposed rule, that was
inadvertently retained in the October 23
final rule.
DATES: This rule is effective January 11,
2008.
FOR FURTHER INFORMATION CONTACT:
David G. Frantz, Director, Loan
Guarantee Program Office, Office of the
Chief Financial Officer, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121, (202) 586–
8336, e-mail: lgprogram@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
ebenthall on PRODPC61 with RULES
I. Background
On October 23, 2007 (72 FR 60115),
DOE promulgated a rule establishing
procedures for the loan guarantee
program authorized by Title XVII of the
Energy Policy Act of 2005 (‘‘Act’’) (42
U.S.C. 16511–16514). Title XVII
authorizes the Secretary of Energy, after
consultation with the Secretary of the
Treasury, to make loan guarantees for
projects that ‘‘(1) avoid, reduce, or
sequester air pollutants or
anthropogenic emissions of greenhouse
gases; and (2) employ new or
significantly improved technologies as
compared to commercial technologies in
service in the United States at the time
VerDate Aug<31>2005
14:32 Jan 10, 2008
Jkt 214001
the guarantee is issued.’’ (42 U.S.C.
16513(a)) Earlier, on May 16, 2007, the
Department had published a Notice of
Proposed Rulemaking and Opportunity
for Comment (NOPR, 72 FR 27471) to
establish regulations for the Title XVII
loan guarantee program.
Prior to publication of the final rule,
on August 8, 2006, DOE had issued
Guidelines for Proposals Submitted in
Response to the First Solicitation for
loan guarantees. The Guidelines were
published in the Federal Register on
August 14, 2006 (71 FR 46451), and the
First Solicitation was issued on August
8, 2006.
II. Discussion of Amendment
Today’s final rule amends the October
23, 2007 final rule by removing a
paragraph in section 609.1 regarding the
application of the final rule to PreApplications, Applications, Conditional
Commitments, and Loan Guarantee
Agreements that were issued or entered
into pursuant to the First Solicitation.
DOE proposed in the NOPR that in
order to ensure that DOE complied with
the Revised Continuing Appropriations
Resolution, 2007 (Pub. L. 110–5) but did
not prejudice Pre-Applicants that
responded to the First Solicitation, the
regulations would specify that they do
not apply to the Pre-Applications,
Applications, Conditional
Commitments, and Loan Guarantee
Agreements issued or entered into
pursuant to the First Solicitation.
Proposed § 609.1(c)(1). DOE proposed
that the only exceptions to this would
be the default, recordkeeping, and audit
requirements proposed for inclusion in
DOE’s regulations. Proposed
§ 609.1(c)(2). DOE also proposed in the
NOPR to permit DOE and an Applicant
to agree in a Loan Guarantee Agreement
entered into pursuant to the First
Solicitation that additional provisions of
DOE’s regulations would apply to the
particular project. Proposed
§ 609.1(c)(3).
DOE received and responded to
public comments on these issues in the
notice of final rulemaking (72 FR
60132–60133). In the final rule, DOE
modified the application of part 609 to
those who responded to the First
Solicitation by providing that ‘‘[e]xcept
as specified in [section 609.1(c)(1)],
these regulations apply to all projects
and loan guarantees pursuant to Title
XVII, including those pursuant to the
First Solicitation.’’ (72 FR 60133). Thus,
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
the final rule provides that DOE’s
regulations apply to all projects
pursuant to Title XVII, except for
section 609.3 (‘‘Solicitations’’), section
609.4 (‘‘Submission of preapplications’’), and section 609.5
(‘‘Evaluation of pre-applications’’). DOE,
however, inadvertently left in the final
rule proposed paragraph 609.1(c)(3), renumbered as paragraph 609.1(c)(2) in
the final rule, which would allow DOE
and Applicants who submitted PreApplications pursuant to the First
Solicitation to agree to make additional
provisions of Part 609 applicable to
their projects. The change in coverage
makes this paragraph of section 609.1
superfluous, and DOE removes
paragraph (c)(2) with today’s final rule.
III. Issuance of a Final Rule
DOE has determined, pursuant to 5
U.S.C. 553(b)(B) and (d)(3), that prior
notice and an opportunity for public
comment on this rule are unnecessary
and there is good cause to waive the
requirement for a 30-day delay in
effective date. DOE has determined that
the revision DOE is making to Part 609
is a technical change or correction about
which the public would have no
particular interest in providing
comments. As explained earlier in this
preamble, DOE is revising section 609.1
to remove a paragraph allowing DOE
and Applicants who submitted
Applications pursuant to the First
Solicitation to agree to make other
provisions of part 609 applicable to
those projects. This paragraph was
included inadvertently in the final rule,
and is superfluous because 609.1(c)(1)
specifies which sections of part 609 do
not apply to such Applications.
Based on the foregoing, DOE finds
that good cause exists to waive both the
requirement to provide prior notice and
an opportunity to comment on this
rulemaking and the requirement for a
30-day delay in effective date.
IV. Procedural Review Requirements
A. Executive Order 12866
Today’s regulatory action has been
determined not to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (October 4, 1993).
Accordingly, this action is not subject to
review under that Executive Order by
the Office of Information and Regulatory
E:\FR\FM\11JAR1.SGM
11JAR1
1962
Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Rules and Regulations
Affairs (OIRA) of the Office of
Management and Budget (OMB).
B. National Environmental Policy Act of
1969
DOE has determined that this final
rule is covered under the Categorical
Exclusion found in DOE’s National
Environmental Policy Act regulations at
paragraph A.5 of Appendix A to Subpart
D, 10 CFR, part 1021, which applies to
a rulemaking that amends an existing
rule or regulation which does not
change the environmental effect of the
rule or regulation being amended.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
be proposed for public comment, unless
the agency certifies that the rule, if
promulgated, will not have a significant
economic impact on a substantial
number of small entities. DOE has found
that prior notice and opportunity for
public comment are not required for this
rulemaking. Therefore, the analytical
requirements of the Regulatory
Flexibility Act do not apply to today’s
rule. Accordingly, DOE has not
prepared a regulatory flexibility analysis
for this rulemaking.
D. Paperwork Reduction Act
This rule does not impose any new
collection of information subject to
review and approval by OMB under the
Paperwork Reduction Act (44 U.S.C.
3501 et seq.).
ebenthall on PRODPC61 with RULES
E. Unfunded Mandates Reform Act of
1995
The Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4) generally
requires Federal agencies to examine
closely the impacts of regulatory actions
on State, local, and tribal governments.
This final rule does not impose a
Federal mandate on State, local or tribal
governments. The rule would not result
in the expenditure by State, local, and
tribal governments in the aggregate, or
by the private sector, of $100 million or
more in any one year. Accordingly, no
assessment or analysis is required under
the Unfunded Mandates Reform Act of
1995.
F. Treasury and General Government
Appropriations Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277), requires
Federal agencies to issue a Family
Policymaking Assessment for any
rulemaking that may affect family wellbeing. This rule would not have any
VerDate Aug<31>2005
14:32 Jan 10, 2008
Jkt 214001
impact on the autonomy or integrity of
the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
G. Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999) imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have federalism implications. DOE
has determined that this rule would not
preempt State law and would not have
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. No further action
is required by Executive Order 13132.
Issued in Washington, DC, on January 7,
2008.
Steve Isakowitz,
Chief Financial Officer.
For the reasons set out in the
preamble, DOE amends part 609 of
subchapter H of chapter II of title 10 of
the Code of Federal Regulations as set
forth below:
I
PART 609—LOAN GUARANTEES FOR
PROJECTS THAT EMPLOY
INNOVATIVE TECHNOLOGIES
1. The authority citation for part 609
continues to read as follows:
I
Authority: 42 U.S.C. 7254, 16511–16514.
§ 609.1
[Amended]
2. Section 609.1 is amended by
removing paragraph (c)(2) and
redesignating paragraph (c)(1) as
paragraph (c).
I
H. Executive Order 12988
[FR Doc. E8–325 Filed 1–10–08; 8:45 am]
DOE has determined that, to the
extent permitted by law, this final rule
meets the relevant standards of
Executive Order 12988.
BILLING CODE 6450–01–P
I. Treasury and General Government
Appropriations Act, 2001
13 CFR Part 101
DOE has reviewed today’s rule under
OMB and DOE guidelines concerning
dissemination of information to the
public and has concluded that it is
consistent with applicable policies in
those guidelines.
J. Executive Order 13211
Today’s rule would not have a
significant adverse effect on the supply,
distribution, or use of energy and is
therefore not a significant energy action.
Accordingly, DOE has not prepared a
Statement of Energy Effects.
K. Congressional Notification
As required by 5 U.S.C. 801, the
Department will submit to Congress a
report regarding the issuance of today’s
final rule prior to the effective date set
forth at the outset of this rule. The
report will state that it has been
determined that the rule is not a ‘‘major
rule’’ as defined by 5 U.S.C. 801(2).
V. Approval by the Office of the
Secretary of Energy
Issuance of this rule has been
approved by the Office of the Secretary.
List of Subjects in 10 CFR Part 609
Administrative practice and
procedure, Energy, Loan programs, and
Reporting and recordkeeping
requirements.
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Fmt 4700
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SMALL BUSINESS ADMINISTRATION
RIN 3245–AF68
Seals and Insignia
U.S. Small Business
Administration.
ACTION: Direct final rule.
AGENCY:
SUMMARY: The U.S. Small Business
Administration (SBA) is revising its
regulations specifying the description
and authorized use of its official seal.
These revisions will further define the
authorized and unauthorized use of the
official seal by SBA and add criteria for
approving and denying requests to use
the official seal.
SBA believes that this rule is noncontroversial, and the Agency
anticipates no significant adverse
comment. If SBA receives a significant
adverse comment, it will withdraw the
rule.
DATES: This rule is effective February
25, 2008 without further action, unless
significant adverse comment is received
by February 11, 2008. If significant
adverse comment is received, SBA will
publish a timely withdrawal of the rule
in the Federal Register.
ADDRESSES: You may submit comments,
identified by RIN 3245–AF68, by one of
the following methods: (1) Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments;
or (2) Mail/Hand Delivery/Courier: Julie
Clowes, Attorney Advisor, Office of
E:\FR\FM\11JAR1.SGM
11JAR1
Agencies
[Federal Register Volume 73, Number 8 (Friday, January 11, 2008)]
[Rules and Regulations]
[Pages 1961-1962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-325]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 8 / Friday, January 11, 2008 / Rules
and Regulations
[[Page 1961]]
DEPARTMENT OF ENERGY
10 CFR Part 609
RIN 1901-AB21
Loan Guarantees for Projects That Employ Innovative Technologies
AGENCY: Office of the Chief Financial Officer, Department of Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) today publishes a final rule to
amend DOE's October 23, 2007 final rule concerning loan guarantees for
projects employing innovative technologies. This final rule removes an
extraneous paragraph, originally included in the proposed rule, that
was inadvertently retained in the October 23 final rule.
DATES: This rule is effective January 11, 2008.
FOR FURTHER INFORMATION CONTACT: David G. Frantz, Director, Loan
Guarantee Program Office, Office of the Chief Financial Officer, 1000
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-8336, e-
mail: lgprogram@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 23, 2007 (72 FR 60115), DOE promulgated a rule
establishing procedures for the loan guarantee program authorized by
Title XVII of the Energy Policy Act of 2005 (``Act'') (42 U.S.C. 16511-
16514). Title XVII authorizes the Secretary of Energy, after
consultation with the Secretary of the Treasury, to make loan
guarantees for projects that ``(1) avoid, reduce, or sequester air
pollutants or anthropogenic emissions of greenhouse gases; and (2)
employ new or significantly improved technologies as compared to
commercial technologies in service in the United States at the time the
guarantee is issued.'' (42 U.S.C. 16513(a)) Earlier, on May 16, 2007,
the Department had published a Notice of Proposed Rulemaking and
Opportunity for Comment (NOPR, 72 FR 27471) to establish regulations
for the Title XVII loan guarantee program.
Prior to publication of the final rule, on August 8, 2006, DOE had
issued Guidelines for Proposals Submitted in Response to the First
Solicitation for loan guarantees. The Guidelines were published in the
Federal Register on August 14, 2006 (71 FR 46451), and the First
Solicitation was issued on August 8, 2006.
II. Discussion of Amendment
Today's final rule amends the October 23, 2007 final rule by
removing a paragraph in section 609.1 regarding the application of the
final rule to Pre-Applications, Applications, Conditional Commitments,
and Loan Guarantee Agreements that were issued or entered into pursuant
to the First Solicitation.
DOE proposed in the NOPR that in order to ensure that DOE complied
with the Revised Continuing Appropriations Resolution, 2007 (Pub. L.
110-5) but did not prejudice Pre-Applicants that responded to the First
Solicitation, the regulations would specify that they do not apply to
the Pre-Applications, Applications, Conditional Commitments, and Loan
Guarantee Agreements issued or entered into pursuant to the First
Solicitation. Proposed Sec. 609.1(c)(1). DOE proposed that the only
exceptions to this would be the default, recordkeeping, and audit
requirements proposed for inclusion in DOE's regulations. Proposed
Sec. 609.1(c)(2). DOE also proposed in the NOPR to permit DOE and an
Applicant to agree in a Loan Guarantee Agreement entered into pursuant
to the First Solicitation that additional provisions of DOE's
regulations would apply to the particular project. Proposed Sec.
609.1(c)(3).
DOE received and responded to public comments on these issues in
the notice of final rulemaking (72 FR 60132-60133). In the final rule,
DOE modified the application of part 609 to those who responded to the
First Solicitation by providing that ``[e]xcept as specified in
[section 609.1(c)(1)], these regulations apply to all projects and loan
guarantees pursuant to Title XVII, including those pursuant to the
First Solicitation.'' (72 FR 60133). Thus, the final rule provides that
DOE's regulations apply to all projects pursuant to Title XVII, except
for section 609.3 (``Solicitations''), section 609.4 (``Submission of
pre-applications''), and section 609.5 (``Evaluation of pre-
applications''). DOE, however, inadvertently left in the final rule
proposed paragraph 609.1(c)(3), re-numbered as paragraph 609.1(c)(2) in
the final rule, which would allow DOE and Applicants who submitted Pre-
Applications pursuant to the First Solicitation to agree to make
additional provisions of Part 609 applicable to their projects. The
change in coverage makes this paragraph of section 609.1 superfluous,
and DOE removes paragraph (c)(2) with today's final rule.
III. Issuance of a Final Rule
DOE has determined, pursuant to 5 U.S.C. 553(b)(B) and (d)(3), that
prior notice and an opportunity for public comment on this rule are
unnecessary and there is good cause to waive the requirement for a 30-
day delay in effective date. DOE has determined that the revision DOE
is making to Part 609 is a technical change or correction about which
the public would have no particular interest in providing comments. As
explained earlier in this preamble, DOE is revising section 609.1 to
remove a paragraph allowing DOE and Applicants who submitted
Applications pursuant to the First Solicitation to agree to make other
provisions of part 609 applicable to those projects. This paragraph was
included inadvertently in the final rule, and is superfluous because
609.1(c)(1) specifies which sections of part 609 do not apply to such
Applications.
Based on the foregoing, DOE finds that good cause exists to waive
both the requirement to provide prior notice and an opportunity to
comment on this rulemaking and the requirement for a 30-day delay in
effective date.
IV. Procedural Review Requirements
A. Executive Order 12866
Today's regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993).
Accordingly, this action is not subject to review under that Executive
Order by the Office of Information and Regulatory
[[Page 1962]]
Affairs (OIRA) of the Office of Management and Budget (OMB).
B. National Environmental Policy Act of 1969
DOE has determined that this final rule is covered under the
Categorical Exclusion found in DOE's National Environmental Policy Act
regulations at paragraph A.5 of Appendix A to Subpart D, 10 CFR, part
1021, which applies to a rulemaking that amends an existing rule or
regulation which does not change the environmental effect of the rule
or regulation being amended.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. DOE has
found that prior notice and opportunity for public comment are not
required for this rulemaking. Therefore, the analytical requirements of
the Regulatory Flexibility Act do not apply to today's rule.
Accordingly, DOE has not prepared a regulatory flexibility analysis for
this rulemaking.
D. Paperwork Reduction Act
This rule does not impose any new collection of information subject
to review and approval by OMB under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.).
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and tribal governments. This final rule does
not impose a Federal mandate on State, local or tribal governments. The
rule would not result in the expenditure by State, local, and tribal
governments in the aggregate, or by the private sector, of $100 million
or more in any one year. Accordingly, no assessment or analysis is
required under the Unfunded Mandates Reform Act of 1995.
F. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a
Family Policymaking Assessment for any rulemaking that may affect
family well-being. This rule would not have any impact on the autonomy
or integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
G. Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. DOE has determined that this rule would not preempt State
law and would not have a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. No further action is required by Executive Order 13132.
H. Executive Order 12988
DOE has determined that, to the extent permitted by law, this final
rule meets the relevant standards of Executive Order 12988.
I. Treasury and General Government Appropriations Act, 2001
DOE has reviewed today's rule under OMB and DOE guidelines
concerning dissemination of information to the public and has concluded
that it is consistent with applicable policies in those guidelines.
J. Executive Order 13211
Today's rule would not have a significant adverse effect on the
supply, distribution, or use of energy and is therefore not a
significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
K. Congressional Notification
As required by 5 U.S.C. 801, the Department will submit to Congress
a report regarding the issuance of today's final rule prior to the
effective date set forth at the outset of this rule. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 801(2).
V. Approval by the Office of the Secretary of Energy
Issuance of this rule has been approved by the Office of the
Secretary.
List of Subjects in 10 CFR Part 609
Administrative practice and procedure, Energy, Loan programs, and
Reporting and recordkeeping requirements.
Issued in Washington, DC, on January 7, 2008.
Steve Isakowitz,
Chief Financial Officer.
0
For the reasons set out in the preamble, DOE amends part 609 of
subchapter H of chapter II of title 10 of the Code of Federal
Regulations as set forth below:
PART 609--LOAN GUARANTEES FOR PROJECTS THAT EMPLOY INNOVATIVE
TECHNOLOGIES
0
1. The authority citation for part 609 continues to read as follows:
Authority: 42 U.S.C. 7254, 16511-16514.
Sec. 609.1 [Amended]
0
2. Section 609.1 is amended by removing paragraph (c)(2) and
redesignating paragraph (c)(1) as paragraph (c).
[FR Doc. E8-325 Filed 1-10-08; 8:45 am]
BILLING CODE 6450-01-P