Unknown. Final rule

6,111 words·~28 min read·/register/2011/05/09/2011-11239

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-05-09.xml --- 76 89 Monday, May 9, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Movement of Hass Avocados From Areas Where Mediterranean Fruit Fly or South American Fruit Fly Exist, 26654-26655 2011-11173 Army Army Department NOTICES Privacy Act;

Systems of Records, 26714-26716 2011-11185 Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Hospice Wage Index for Fiscal Year 2012, 26806-26851 2011-10689 NOTICES Medicare Program: Hospice Wage Index for Fiscal Year 2012, 26731-26735 2011-10694 Coast Guard Coast Guard RULES Drawbridge Operation Regulations:

Illinois Waterway, near Morris, IL, 26606-26607 2011-11060 Neches River, Beaumont, TX, 26606 2011-11269 Reorganization of Sector North Carolina, 26603-26605 2011-11261 Safety Zones: Air Power Over Hampton Roads, Back River, Hampton, VA, 26607-26609 2011-11276 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26746-26747 2011-11271 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26685 2011-11169 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Appointments to Performance Review Board for Senior Executive Service, 26707 2011-11221 Community Development Community Development Financial Institutions Fund NOTICES Funding Opportunities; Inviting Applications: FY 2011 Funding Round of Bank Enterprise Award Program, 26794-26801 2011-11264 Copyright Office Copyright Office, Library of Congress NOTICES Meetings:

Federal Copyright Protection of Sound Recordings Fixed Before February 15, 1972, 26769-26771 2011-11224 Defense Department Defense Department See Army Department NOTICES Arms Sales Notifications, 26707-26711 2011-11186 Privacy Act; Systems of Records, 26712-26714 2011-11159 2011-11184 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 26716 2011-11391 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration PROPOSED RULES Consolidation of Seizure and Forfeiture Regulations, 26660-26678 2011-9826 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26716-26717 2011-11144 Agency Information Collection Activities; Proposals, Submissions, and Approvals; Correction, 26717 C1--2011--10723 Employment and Training Employment and Training Administration NOTICES Incentive Funding Availability Based on Program Year 2009 Performance: Workforce Investment Act of 1998, 26769 2011-11191 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Procedures for Submittal of Trade Secrets and Commercial or Financial Information that is Privileged or Confidential, 26579-26583 2011-11239 PROPOSED RULES Energy Conservation Program:

Standards for Residential Clothes Dryers and Room Air Conditioners, 26656-26658 2011-11237 Environmental Protection Environmental Protection Agency RULES Control of Emissions from New and In-Use Marine Compression-Ignition Engines and Vessels; CFR Correction, 26620 C2--2011--8794 Incorporation by Reference of Approved State Hazardous Waste Management Program: Wisconsin, 26616-26620 2011-11157 Revisions to California State Implementation Plan: Imperial County Air Pollution Control District, 26615-26616 2011-11125 San Joaquin Valley Unified Air Pollution Control District, 26609-26615 2011-11133 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans:

Delaware; Requirements for Preconstruction Review, Prevention of Significant Deterioration, 26679-26681 2011-11215 Incorporation by Reference of Approved State Hazardous Waste Management Program: Wisconsin, 26681 2011-11155 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26900-26922 2011-11017 Environmental Assessments; Availability, etc.: Designation of an Expanded Ocean Dredged Material Disposal Site off Fort Lauderdale, FL, 26720 2011-11194 Meetings:

Chartered Science Advisory Board, 26720-26721 2011-11209 Ozone Transport Commission, 26720 2011-11212 Proposed Re-Issuances of Ocean Disposal General Permits: National Science Foundation for Man-Made Ice Piers from McMurdo Station in Antarctica, 26721-26725 2011-11211 Regional Project Waivers of Buy American Section of American Recovery and Reinvestment Act: City of South Burlington, VT, 26725-26726 2011-11216 Executive Office of the President See Presidential Documents Farm Credit Farm Credit Administration NOTICES Meetings;

Sunshine Act, 26727 2011-11387 Federal Aviation Federal Aviation Administration PROPOSED RULES Establishment of Class E Airspace: Ranger, TX, 26658-26659 2011-11162 Federal Communications Federal Communications Commission RULES National Broadband Plan for Our Future: Improved Access to Utility Poles, 26620-26641 2011-11137 Relay Services for Deaf-Blind Individuals, 26641-26650 2011-10228 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26727-26728 2011-10225 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations:

Alabama; Amendment No. 1, 26749 2011-11285 Alabama; Amendment No. 4, 26747 2011-11287 Alabama; Amendment No. 5, 26748 2011-11286 Alabama; Amendment No. 6, 26748 2011-11288 Georgia; Amendment No. 2, 26748 2011-11277 Georgia; Amendment No. 3, 26749 2011-11279 New Mexico; Amendment No. 2, 26749 2011-11283 Federal Energy Federal Energy Regulatory Commission NOTICES Baseline Filings: NorthWestern Corp., 26717-26718 2011-11230 Environmental Assessments; Availability, etc.: Gibson Dam Hydroelectric Co., LLC, 26718-26719 2011-11234 Verdant Power, LLC, 26718 2011-11231 Establishment of Comment Periods:

California Independent System Operator Corp., 26719 2011-11235 Filings: East Ohio Gas Co., 26719-26720 2011-11232 Washington 10 Storage Corp., 26719 2011-11233 Federal Motor Federal Motor Carrier Safety Administration RULES Commercial Drivers License Testing and Commercial Learners Permit Standards, 26854-26897 2011-10510 PROPOSED RULES Hours of Service of Drivers, 26681-26682 2011-11150 NOTICES Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 26792-26793 2011-11148 Federal Railroad Federal Railroad Administration PROPOSED RULES Study on Protection of Certain Railroad Risk Reduction Data from Discovery or Use in Litigation, 26682-26684 2011-11141 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of Bank or Bank Holding Company, 26728-26729 2011-11203 Proposals to Engage in Permissible Nonbanking Activities or to Acquire Companies Engaged in Permissible Nonbanking Activities, 26729 2011-11202 Federal Trade Federal Trade Commission NOTICES Proposed Consent Orders: Ceridian Corp., 26729-26731 2011-11183 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements; Availability, etc.: Prime Hook National Wildlife Refuge, Sussex County, DE;

Comprehensive Conservation Plan, 26751-26753 2011-11266 Food Safety Food Safety and Inspection Service PROPOSED RULES Mandatory Inspection of Catfish and Catfish Products: Public Meetings, 26655-26656 2011-11213 Forest Forest Service NOTICES Meetings: Deschutes and Ochoco National Forests Resource Advisory Committee, 26685 2011-11095 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Privacy Act; Systems of Records, 26738-26746 2011-11291 Housing Housing and Urban Development Department NOTICES Funding Availability: Lead Technical Studies and Healthy Homes Technical Studies Programs, 26751 2011-11156 Indian Affairs Indian Affairs Bureau NOTICES Grant Program to Assess, Evaluate and Promote Development of Tribal Energy and Mineral Resources; Solicitation of Proposals, 26753-26759 2011-11196 Rate Adjustments for Indian Irrigation Projects, 26759-26766 2011-11165 Industry Industry and Security Bureau RULES Implementation of Understandings Reached at 2010 Australia Group Plenary Meeting, etc., 26583 C1--2011--9613 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Extension of Withholding to Certain Payments Made by Government Entities, 26583-26603 2011-10760 PROPOSED RULES Withholding on Payments by Government Entities to Persons Providing Property or Services, 26678-26679 2011-10758 International Trade Adm International Trade Administration NOTICES Alignment of Final Countervailing Duty Determination with Final Antidumping Duty Determination:

Multilayered Wood Flooring from People's Republic of China, 26685-26686 2011-11254 Antidumping Duty Administrative Reviews and Partial Rescissions of Reviews; 2008-2010 Preliminary Results: Frontseating Service Valves from People's Republic of China, 26686-26694 2011-11253 Consolidated Decisions on Applications for Duty-Free Entry of Electron Microscope: Naval Postgraduate School, 26694 2011-11252 Consolidated Decisions on Applications for Duty-Free Entry of Scientific Instruments:

UChicago Argonne, LLC, et al., 26694 2011-11250 Countervailing Duty Administrative Reviews; Final Rescissions: Certain Hot-Rolled Carbon Steel Flat Products from India, 26694-26695 2011-11259 Meetings: Renewable Energy and Energy Efficiency Advisory Committee, 26695-26696 2011-11197 Preliminary Results of First Administrative Reviews and Preliminary Rescissions, in Part: Certain Steel Threaded Rod from People's Republic of China, 26696-26705 2011-11255 International Trade Com International Trade Commission NOTICES Investigations:

Certain Adjustable-Height Beds And Components Thereof, 26768 2011-11195 Justice Department Justice Department See Drug Enforcement Administration PROPOSED RULES Consolidation of Seizure and Forfeiture Regulations, 26660-26678 2011-9826 NOTICES Lodging of Consent Decrees, 26768-26769 2011-11174 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Filings of Plats of Surveys: Eastern States; Correction, 26767 2011-11249 New Mexico, 26766-26767 2011-11251 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Requested Administrative Waivers of Coastwise Trade Laws, 26793 2011-11168 NASA National Aeronautics and Space Administration NOTICES Meetings:

Task Group of the Science Committee, 26771 2011-11163 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 26736-26737 2011-11204 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 26736 2011-11201 National Institute on Alcohol Abuse and Alcoholism, 26735-26736 2011-11210 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Commercial Fishing Vessel Cost and Earnings Data Collection Survey in Northeast Region, 26705-26706 2011-11214 Meetings: New England Fishery Management Council, 26706-26707 2011-11181 National Park National Park Service NOTICES Meetings: Captain John Smith Chesapeake National Historic Trail Advisory Council, 26767-26768 2011-11158 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses; Amendments, etc.: Florida Power and Light Co., Turkey Point Nuclear Generating Station, Units 3 and 4, 26771-26775 2011-11222 Meetings:

ACRS Subcommittee on U.S. Evolutionary Power Reactor; Cancellation, 26775 2011-11223 Meetings; Sunshine Act, 26775-26776 2011-11350 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety; Special Permit Requests, 26793-26794 2011-11172 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: 50th Anniversary of the Freedom Rides (Proc. 8668), 26923-26926 2011-11488 Public Debt Public Debt Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26801-26802 2011-11199 2011-11200 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26776 2011-11189 Meetings; Sunshine Act, 26776-26777 2011-11422 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 26779-26787 2011-11190 NASDAQ OMX PHLX LLC, 26777-26779 2011-11193 Short Sale Reporting Study Required by Dodd-Frank Act, 26787-26791 2011-11188 State Department State Department PROPOSED RULES Reducing Regulatory Burden;

Retrospective Review under E.O. 13563, 26651-26654 2011-11242 NOTICES Charter Renewals: Advisory Committee for Study of Eastern Europe and Independent States of Former Soviet Union, 26791-26792 2011-11243 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26737 2011-11198 Thrift Supervision Thrift Supervision Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Application Filing Requirements, 26802-26803 2011-11151 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Community Development Financial Institutions Fund See Internal Revenue Service See Public Debt Bureau See Thrift Supervision Office U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26750 2011-11166 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Documentation Requirements for Articles Entered under Various Special Tariff Treatment Provisions, 26750-26751 2011-11246 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 26806-26851 2011-10689 Part III Transportation Department, Federal Motor Carrier Safety Administration, 26854-26897 2011-10510 Part IV Environmental Protection Agency, 26900-26922 2011-11017 Part V Presidential Documents, 26923-26926 2011-11488 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 89 Monday, May 9, 2011 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 600, 603, 609, and 611 RIN 1990-AA36 Procedures for Submitting to the Department of Energy Trade Secrets and Commercial or Financial Information That Is Privileged or Confidential AGENCY:

Office of the General Counsel, Department of Energy (DOE). ACTION: Final rule. SUMMARY: DOE issues procedures to standardize across its various programs procedures for the submission and protection of trade secrets and commercial or financial information that is privileged or confidential, where such information is submitted by applicants for various forms of DOE assistance (including financial assistance such as grants, cooperative agreements, and technology investment agreements, as well as loans and loan guarantees).

The procedures, established across DOE programs, are modeled after existing procedures DOE uses to process loan applications submitted to DOE's Advanced Technology Vehicles Manufacturing Incentive Program. DATES: This rule is effective on June 8, 2011. FOR FURTHER INFORMATION CONTACT: Daniel Cohen, Assistant General Counsel for Legislation, Regulation and Energy Efficiency, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:

(202)586-9523. E-mail: *1990-AA36@hq.doe.gov.* Include RIN 1990-AA36 in the subject line of the message. SUPPLEMENTARY INFORMATION: DOE provides assistance to eligible applicants through a number of different programs. This assistance can take the form of financial assistance ( *i.e.,* grants, cooperative agreements, and technology investment agreements), loan guarantees, and direct loans, among others. DOE has consistently sought to protect trade secrets and commercial or financial information that is privileged or confidential submitted by applicants for these forms of assistance, but the procedures required of applicants when submitting such information can vary. In today's final rule, DOE establishes procedures for the submission to DOE of trade secrets and commercial or financial information that is privileged or confidential meant to standardize DOE's procedures for processing and handling applicant submissions containing such information. The procedures are modeled after existing procedures DOE uses to process loan applications submitted to DOE's Advanced Technology Vehicles Manufacturing Incentive Program. DOE makes minor changes to the Notice of Restriction on Disclosure and Use of Data in 10 CFR 600.15(b)(1), as well as corresponding changes to 10 CFR 600.15(a) and 600.15(b)(2) and (3). These changes are intended to allow for cross reference from other portions of Subpart H (specifically, Parts 609—Loan Guarantees for Projects that Employ Innovative Technologies and 611—Advanced Technology Vehicles Manufacturer Assistance Program) while recognizing that Part 600 does not otherwise apply to loans and loan guarantees. DOE amends 10 CFR 600.15(b)(1) to require a party submitting information to DOE, at the time of submission, to identify and assert a claim of exemption regarding information it considers to be trade secrets or commercial or financial information that is privileged or confidential such that the information would be exempt from disclosure under the Freedom of Information Act (FOIA, 5 U.S.C. 552). This claim of exemption must be made by placing the following notice on the first page of the application or other document and specifying the page or pages to be restricted: “Pages [__] of this document may contain trade secrets or commercial or financial information that is privileged or confidential and exempt from public disclosure. Such information shall be used or disclosed only for evaluation purposes or in accordance with a financial assistance or loan agreement between the submitter and the Government. The Government may use or disclose any information that is not appropriately marked or otherwise restricted, regardless of source.” To further protect trade secrets and commercial or financial information that is privileged or confidential, DOE also adds a requirement in section 600.15(b)(1) that each page containing such data must be specifically identified and marked with text that is similar to the following: “May contain trade secrets or commercial or financial information that is privileged or confidential and exempt from public disclosure.” In addition, each line or paragraph containing trade secrets or commercial or financial information that is privileged or confidential on the page or pages on which this statement appears must be marked with brackets or other clear identification, such as highlighting. DOE acknowledges that the marking procedures set forth above may not be feasible on unalterable forms submitted through Grants.gov. In such cases only, submitters must include in a cover letter or the project narrative a notice containing language substantially similar to the following: “Forms [ *__* ] may contain trade secrets or commercial or financial information that is privileged or confidential and exempt from public disclosure. Such information shall be used or disclosed only for evaluation purposes or in accordance with a financial assistance or loan agreement between the submitter and the Government. The Government may use or disclose any information that is not appropriately marked or otherwise restricted, regardless of source.” The cover letter or project narrative must also specify the particular information on such forms that the submitter believes to be trade secrets or commercial or financial information that is privileged or confidential. DOE also amends 10 CFR 603.850 to require that the markings affixed to data for technology investment agreements that may contain trade secrets or commercial or financial information that is privileged or confidential conform to the marking requirements of 10 CFR 600.15. In addition, DOE regulations implementing its loan guarantee program for projects that employ innovative technologies under Title XVII of the Energy Policy Act of 2005 (42 U.S.C. 16511-16514) now cross-reference 10 CFR 600.15. These regulations are set forth at 10 CFR Part 609. In today's final rule, DOE thus establishes the same marking requirements as described above for any information submitted through the Title XVII loan application process, including pre-applications, applications, and any additional information provided by loan applicants. Similarly, DOE regulations implementing its Advanced Technology Vehicles Manufacturing

(ATVM)Incentive Program at 10 CFR Part 611 will also cross-reference 10 CFR 600.15. DOE already applies to the ATVM program procedures virtually identical to those established in this notice. In this final rule, DOE establishes the marking requirements described above in the program's implementing regulations. DOE received no comments on its proposed rule and made no changes to the proposal in today's final rule. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866. B. Review Under the Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) requires preparation of a 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. As required by Executive Order 13272, “Proper Consideration of Small Entities in Agency Rulemaking” 67 FR 53461 (Aug. 16, 2002), DOE published procedures and policies on February 19, 2003, to ensure that the potential impacts of its rules on small entities are properly considered during the rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel's Web site ( *http://www.gc.doe.gov* ). DOE has reviewed today's rule under the Regulatory Flexibility Act and certifies that the rule will not have a significant impact on a substantial number of small entities. While DOE recognizes that some applicants for assistance may be small businesses according to SBA size standards, DOE believes that the impact on such applicants of the rule will not be significant. The rule does not change the information applicants are required to submit to apply for the various forms of DOE assistance. It merely instructs applicants how to mark information that they believe to be trade secrets or commercial or financial information that is privileged or confidential. C. Review Under the Paperwork Reduction Act The information collection requirements for the various forms of assistance to which the marking requirements in this rule will apply have been approved under OMB Control Numbers 1910-0400 (Financial Assistance Regulations) and 1910-5134 (Title XVII loan guarantee program). Notwithstanding any other provision of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. D. Review Under the National Environmental Policy Act In this rule, DOE establishes procedures for the submission of information relating to various forms of assistance, including grants, cooperative agreements, technology investment agreements, loans, and loan guarantees. DOE has determined that this rule falls into a class of actions that are categorically excluded from review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 *et seq.* ) and DOE's implementing regulations at 10 CFR part 1021. Specifically, this rule is a procedural rule covered by Categorical Exclusion A6 under 10 CFR Part 1021, subpart D, which applies to any rulemaking that is strictly procedural in nature. Accordingly, neither an environmental assessment nor an environmental impact statement is required. E. Review Under 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 other federalism implications. The Executive Order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive Order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process it will follow in the development of such regulations. 65 FR 13735. DOE has considered today's final rule in accordance with Executive Order 13132 and its policy and determined that this rule setting forth requirements for the marking of trade secrets and commercial or financial information that is privileged or confidential will not preempt State law or have any federalism impacts. No further action is required by Executive Order 13132. F. Review Under Executive Order 12988 With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” imposes on Federal agencies the general duty to adhere to the following requirements:

(1)Eliminate drafting errors and ambiguity;

(2)write regulations to minimize litigation; and

(3)provide a clear legal standard for affected conduct rather than a general standard and promote simplification and burden reduction. 61 FR 4729 (February 7, 1996). Section 3(b) of Executive Order 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation:

(1)Clearly specifies the preemptive effect, if any;

(2)clearly specifies any effect on existing Federal law or regulation;

(3)provides a clear legal standard for affected conduct while promoting simplification and burden reduction;

(4)specifies the retroactive effect, if any;

(5)adequately defines key terms; and

(6)addresses other important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section 3(c) of Executive Order 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them. DOE has completed the required review and determined that this rule meets the relevant standards of Executive Order 12988. G. Review Under the Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995

(UMRA)(Pub. L. 104-4) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. For proposed regulatory actions likely to result in a rule that may cause expenditures by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish estimates of the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b).) UMRA also requires Federal agencies to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate.” In addition, UMRA requires an agency plan for giving notice and opportunity for timely input to small governments that may be affected before establishing a requirement that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. (62 FR 12820.) (This policy is also available at *http://www.gc.doe.gov* ). Today's rule contains neither an intergovernmental mandate, nor a mandate that may result in the expenditure of $100 million or more in any year, so these requirements do not apply. H. Review Under the 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 rule that may affect family well-being. This rule will 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. I. Review Under Executive Order 12630 DOE has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 18, 1988), that this regulation will not result in any takings which might require compensation under the Fifth Amendment to the U.S. Constitution. J. Review Under the Treasury and General Government Appropriations Act, 2001 Section 515 of the Treasury and General Government Appropriations Act, 2001 (44 U.S.C. 3516, note) provides for agencies to review most disseminations of information to the public under guidelines established by each agency pursuant to general guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has reviewed today's rule under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. K. Review Under Executive Order 13211 Executive Order 13211, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,” 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to OIRA at OMB a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgates or is expected to lead to promulgation of a final rule, and that

(1)is a significant regulatory action under Executive Order 12866 or any successor order; and

(2)is likely to have a significant adverse effect on the supply, distribution, or use of energy; or

(3)is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. DOE has concluded that today's regulatory action, which establishes marking requirements for information submitted to DOE that the submitter believes to be trade secrets or commercial or financial information that is privileged or confidential, is not a significant energy action because the rule is not likely to have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as such by the Administrator at OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects for the rule. L. Review Under the Information Quality Bulletin for Peer Review On December 16, 2004, OMB, in consultation with the Office of Science and Technology Policy, issued its Final Information Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (Jan. 14, 2005). The Bulletin establishes that certain scientific information shall be peer reviewed by qualified specialists before it is disseminated by the Federal Government, including influential scientific information related to agency regulatory actions. The purpose of the bulletin is to enhance the quality and credibility of the Government's scientific information. DOE has determined that today's rule does not contain any influential or highly influential scientific information that would be subject to the peer review requirements of the Bulletin. M. *Congressional Notification* As required by 5 U.S.C. 801, DOE will report to Congress on the promulgation of this rule prior to its effective date. The report will state that it has been determined that the rule is not a “major rule” as defined by 5 U.S.C. 804(2). Approval of the Office of the Secretary The Secretary of Energy has approved publication of this rule. List of Subjects in 10 CFR Parts 600, 603, 609, and 611 Accounting, Administrative practice and procedure, Colleges and universities, Confidential business information, Energy, Government contracts, Grant programs, Hospitals, Indians, Intergovernmental relations, Loan programs, Lobbying, Nonprofit organizations, Penalties, Reporting and recordkeeping requirements. Issued in Washington, DC on May 2, 2011. Daniel B. Poneman, Deputy Secretary of Energy. For the reasons stated in the preamble, DOE amends Subchapter H of Chapter II of Title 10, Code of Federal Regulations, to read as set forth below: PART 600—FINANICIAL ASSISTANCE RULES 1. The authority citation for Part 600 continues to read as follows: Authority: 42 U.S.C. 7101 *et seq.;* 31 U.S.C. 6301-6308; 50 U.S.C. 2401 *et seq.,* unless otherwise noted. 2. Section 600.15 is revised to read as follows: § 600.15 Authorized uses of information.

(a)*General.* Information contained in applications shall be used only for evaluation purposes unless such information is generally available to the public or is already the property of the Government. The Trade Secrets Act, 18 U.S.C. 1905, prohibits the unauthorized disclosure by Federal employees of trade secret and confidential business information.

(b)*Treatment of application information.*

(1)An application or other document, including any unsolicited information, may include technical data and other data, including trade secrets and commercial or financial information that is privileged or confidential, which the applicant does not want disclosed to the public or used by the Government for any purpose other than application evaluation.

(i)To protect such data, the submitter must mark the cover sheet of the application or other document with the following Notice: Notice of Restriction on Disclosure and Use of Data Pages [__] of this document may contain trade secrets or commercial or financial information that is privileged or confidential and is exempt from public disclosure. Such information shall be used or disclosed only for evaluation purposes or in accordance with a financial assistance or loan agreement between the submitter and the Government. The Government may use or disclose any information that is not appropriately marked or otherwise restricted, regardless of source. (ii)(A) To further protect such data, except as otherwise provided in paragraph (b)(1)(iii) of this section, each page containing trade secrets or commercial or financial information that is privileged or confidential must be specifically identified and marked with text similar to the following: May contain trade secrets or commercial or financial information that is privileged or confidential and exempt from public disclosure.

(B)In addition, each line or paragraph containing trade secrets or commercial or financial information that is privileged or confidential must be marked with brackets or other clear identification, such as highlighting.

(A)In the case where a form for data submission is unalterable, such as certain forms submitted through Grants.gov, submitters must include in a cover letter or the project narrative a notice like the following: Forms [ *__* ] may contain trade secrets or commercial or financial information that is privileged or confidential and exempt from public disclosure. Such information shall be used or disclosed only for evaluation purposes or in accordance with a financial assistance or loan agreement between the submitter and the Government. The Government may use or disclose any information that is not appropriately marked or otherwise restricted, regardless of source.

(B)The cover letter or project narrative must also specify the particular information on such forms that the submitter believes contains trade secrets or commercial or financial information that is privileged or confidential.

(2)Unless DOE specifies otherwise, DOE shall not refuse to consider an application or other document solely on the basis that the application or other document is restrictively marked in accordance with paragraph (b)(1) of this section.

(3)Data (or abstracts of data) specifically marked in accordance with paragraph (b)(1) of this section shall be used by DOE or its designated representatives solely for the purpose of evaluating the proposal. The data so marked shall not be disclosed or used for any other purpose except to the extent provided in any resulting assistance agreement, or to the extent required by law, including the Freedom of Information Act (5 U.S.C. 552) (10 CFR Part 1004). The Government shall not be liable for disclosure or use of unmarked data and may use or disclose such data for any purpose.

(4)This process enables DOE to follow the provisions of 10 CFR 1004.11(d) in the event a Freedom of Information Act (5 U.S.C. 552) request is received for the data submitted, such that information not identified as subject to a claim of exemption may be released without obtaining the submitter's views under the process set forth in 10 CFR 1004.11(c) PART 603—TECHNOLOGY INVESTMENT AGREEMENTS 3. The authority citation for Part 603 continues to read as follows: Authority: 42 U.S.C. 7101 *et seq.;* 31 U.S.C. 6301-6308; 50 U.S.C. 2401 *et seq.,* unless otherwise noted. 4. Section 603.850 is revised to read as follows: § 603.850 Marking of data. To protect the recipient's interests in data, the TIA should require the recipient to mark any particular data that it wishes to protect from disclosure as specified in 10 CFR 600.15(b). PART 609—LOAN GUARANTEES FOR PROJECTS THAT EMPLOY INNOVATIVE TECHNOLOGIES 5. The authority citation for Part 609 continues to read as follows: Authority: 42 U.S.C. 7254, 16511-16514. 6. Section 609.4 is amended by revising the introductory text to read as follows: § 609.4 Submission of Pre-Applications. In response to a solicitation requesting the submission of Pre-Applications, either Project Sponsors or Applicants may submit Pre-Applications to DOE. The information submitted in or in connection with Pre-Applications will be treated as provided in 10 CFR 600.15 and must be marked as provided in 10 CFR 600.15(b). Pre-Applications must meet all requirements specified in the solicitation and this part. At a minimum, each Pre-Application must contain all of the following: 7. Section 609.5 is amended by revising paragraph

(d)to read as follows: § 609.5 Evaluation of Pre-Applications.

(d)After the evaluation described in paragraph

(c)of this section, DOE will determine if there is sufficient information in the Pre-Application to assess the technical and commercial viability of the proposed project and/or the financial capability of the Project Sponsor and to assess other aspects of the Pre-Application. DOE may ask for additional information from the Project Sponsor during the review process and may request one or more meetings with the Project Sponsor. Any additional information submitted will be treated as provided in 10 CFR 600.15 and must be marked as provided in 10 CFR 600.15(b). 8. Section 609.6 is amended by revising paragraph

(a)to read as follows: § 609.6 Submission of Applications.

(a)In response to a solicitation or written invitation to submit an Application, an Applicant submitting an Application must meet all requirements and provide all information specified in the solicitation and/or invitation and this part. The information submitted in or in connection with Applications will be treated as provided in 10 CFR 600.15 and must be marked as provided in 10 CFR 600.15(b). 9. Section 609.7 is amended by revising paragraph

(c)to read as follows: § 609.7 Programmatic, technical and financial evaluation of Applications.

(c)During the Application review process DOE may raise issues or concerns that were not raised during the Pre-Application review process where a Pre-Application was requested in the applicable solicitation. Any additional information submitted to DOE will be treated as provided in 10 CFR 600.15 and must be marked as provided in 10 CFR 600.15(b). PART 611—ADVANCED TECHNOLOGY VEHICLES MANUFACTURER ASSISTANCE PROGRAM 10. The authority citation for Part 611 continues to read as follows: Authority: Pub. L. 110-140 (42 U.S.C. 17013), Pub. L. 110-329. 11. Section 611.101 is amended by revising the introductory text to read as follows: § 611.101 Application. The information and materials submitted in or in connection with applications will be treated as provided in 10 CFR 600.15 and must be marked as provided in 10 CFR 600.15(b). An application must include, at a minimum, the following information and materials: 12. Section 611.103 is amended by revising paragraph

(a)to read as follows: § 611.103 Application evaluation.

(a)*Eligibility screening.* Applications will be reviewed to determine whether the applicant is eligible, the information required under § 611.101 is complete, and the proposed loan complies with applicable statutes and regulations. DOE can at any time reject an application, in whole or in part, that does not meet these requirements. Any additional information submitted to DOE will be treated as provided in 10 CFR 600.15 and must be marked as provided in 10 CFR 600.15(b). [FR Doc. 2011-11239 Filed 5-6-11; 8:45 am]

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