Unknown. Final rule; technical amendment

4,310 words·~20 min read·/register/2012/05/21/2012-12218

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-2012-05-21.xml --- 77 98 Monday, May 21, 2012 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30007-30014 2012-12168 2012-12171 Agriculture Department, Office of the Chief Financial Officer NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29963 2012-12154 Agriculture Agriculture Department See Agriculture Department, Office of the Chief Financial Officer See Animal and Plant Health Inspection Service See Food Safety and Inspection Service Animal Animal and Plant Health Inspection Service PROPOSED RULES Bovine Spongiform Encephalopathy;

Importation of Bovines and Bovine Products, 29914 2012-12318 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30014-30015 2012-12287 Meetings: Advisory Committee on Immunization Practices, 30015 2012-12279 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 30015-30016 2012-12276 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel;

Initial Review, 30015 2012-12281 Coast Guard Coast Guard RULES Drawbridge Operations: Black River, La Crosse, WI, 29895-29897 2012-12229 Willamette River, Portland, OR, 2012-12232 29897-29898 2012-12237 Safety Zones: Annual Fireworks Events in the Captain of the Port Detroit Zone, 29898-29899 2012-12256 International Special Operations Forces Week Capability Exercise, Seddon Channel, Tampa, FL, 29899-29901 2012-12239 Marysville Days Fireworks, St. Clair River, Marysville, MI, 29901-29903 2012-12264 PROPOSED RULES Drawbridge Operations:

Alabama River, AL, 29924-29927 2012-12269 Carlin Bayou, LA, 29927-29929 2012-12272 Safety Zones: Cape Charles Fireworks, Cape Charles Harbor, Cape Charles, VA, 29929-29932 2012-12259 Nautical City Festival Air Show, Rogers City, MI, 29932-29935 2012-12261 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 29964-29965 2012-12184 2012-12227 Defense Department Defense Department NOTICES Agency Information Collection Activities;

Applications: Stepan Co., 30025 2012-12248 Importers of Controlled Substances; Registrations: Formulation Technologies, LLC, 30025 2012-12241 Manufacturers of Controlled Substances; Applications: Agilent Technologies, 30025-30026 2012-12268 American Radiolabeled Chemicals, Inc., 30027 2012-12251 AMPAC Fine Chemicals LLC, 30026 2012-12277 Austin Pharma, LLC, 30027 2012-12280 Johnson Matthey, Inc., 30026-30027 2012-12284 Noramco Inc. (GA), 30026 2012-12282 Stepan Co., 30026 2012-12286 Manufacturers of Controlled Substances;

Registrations: Cambrex Charles City, Inc., 30028 2012-12275 Cedarburg Pharmaceuticals, Inc., 30028 2012-12271 Johnson Matthey, Inc., Pharmaceuticals Materials, 30028-30029 2012-12244 Siegfried (USA), 30027-30028 2012-12274 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Student Aid; William D. Ford Federal Direct Loan Program Deferment Request Forms, 29988-29989 2012-11975 William D. Ford Federal Direct Loan Program--Internship/Residency and Loan Debt Burden Forbearance Forms, 29988 2012-11974 Applications for New Awards:

Technology and Media Services for Individuals With Disabilities, Stepping-up Technology Implementation, 29989-29995 2012-12278 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Loan Guarantees for Projects That Employ Innovative Technologies, 29853-29855 2012-12218 NOTICES Meetings: Electricity Advisory Committee, 29995-29996 2012-12217 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 29996-29997 2012-12219 Environmental Management Site-Specific Advisory Board, Portsmouth, 29997 2012-12253 Environmental Protection Environmental Protection Agency RULES Air Quality Designations for 2008 Ozone National Ambient Air Quality Standards, 30088-30160 2012-11618 Approvals and Promulgations of Implementation Plans:

Oregon; Infrastructure Requirements for 1997 8-Hour Ozone National Ambient Air Quality Standard, 29904-29905 2012-12107 Implementation of 2008 National Ambient Air Quality Standards for Ozone: Nonattainment Area Classifications Approach, Attainment Deadlines, etc., 30160-30171 2012-11605 PROPOSED RULES 2012 Technical Corrections, Clarifying and Other Amendments: Greenhouse Gas Reporting Rule, Proposed Confidentiality Determinations for Certain Data Elements of the Fluorinated Gas Source Category, 29935-29953 2012-12193 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Cessna Aircraft Company Airplanes, 29863-29865 2012-11944 Fokker Services B.V. Airplanes, 29861-29863 2012-11954 Saab AB, Saab Aerosystems Airplanes, 29855-29857 2012-11957 The Boeing Company Airplanes, 29857-29861 2012-11869 Amendments of Class E Airspace: Baraboo, WI, 29870-29871 2012-12167 Leesville, LA, 29865-29866 2012-12084 Maryville, MO, 29867-29868 2012-12166 Monahans, TX, 29868-29869 2012-12163 New Philadelphia, OH, 29869-29870 2012-12101 Springhill, LA, 29866-29867 2012-12165 Establishments of Class E Airspace:

Branson West, MO, 29871-29872 2012-12103 Eldon, MO, 29873-29874 2012-12102 Freer, TX, 29874-29875 2012-12170 Houston, MO, 29875 2012-12085 Pender, NE, 29872-29873 2012-12104 Red Cloud, NE, 29871 2012-12082 PROPOSED RULES Airworthiness Directives: BAE SYSTEMS (Operations) Limited Airplanes, 29914-29916 2012-12288 Amendments of Class D Airspace: Sault Ste Marie, ON, 29916-29917 2012-12162 Amendments of Class E Airspace: Battle Creek, MI, 29918-29920 2012-12157 Kerrville, TX, 29921-29922 2012-12161 Lemmon, SD, 29920-29921 2012-12159 Sweetwater, TX, 29917-29918 2012-12155 Repair Stations, 30054-30086 2012-11984 NOTICES Environmental Impact Statements;

Availability, etc.: Wiscasset and Edgecomb, Lincoln County, ME, 30046 2012-12052 Meetings: RTCA Special Committee 222, Immarsat Aeronautical Mobile Satellite Route Services, 30046-30047 2012-12057 Opportunities for Public Comment on Surplus Property Releases: Michael J Smith Field, Beaufort, NC, 30047 2012-12053 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings: FDIC Advisory Committee on Community Banking, 30003-30004 2012-12185 Terminations of Receivership:

Douglass National Bank, Kansas City, MO, 30004 2012-12190 Federal Energy Federal Energy Regulatory Commission NOTICES Annual Changes in Producer Price Index for Finished Goods: Revisions to Oil Pipeline Regulations Pursuant to Energy Policy Act of 1992, 29997-29998 2012-12198 Applications: Georgia Power Co., 29999 2012-12203 Madison Farms, 29998-29999 2012-12199 Combined Filings, 2012-12149 29999-30001 2012-12150 2012-12186 2012-12188 Complaints: PBF Holding Company LLC, Toledo Refining Company LLC, v.

Enbridge Energy, LP, 30001-30002 2012-12201 Primary Power, LLC v. PJM Interconnection, LLC, 30002-30003 2012-12200 Regency Field Services LLC v. DCP Black Lake Pipe Holdings, LP, 30002 2012-12202 Staff Attendances: PJM Interconnection, LLC, Task Forces, 30003 2012-12148 Southwest Power Pool, Inc. Task Force, 30003 2012-12187 Federal Railroad Federal Railroad Administration NOTICES Petitions for Alternative Locomotive Crashworthiness Designs, 30047-30048 2012-12291 Petitions for Waivers of Compliance, 30048-30049 2012-12293 2012-12294 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 30004 2012-12194 Federal Trade Federal Trade Commission PROPOSED RULES Regulatory Reviews: Guides for Rebuilt, Reconditioned and Other Used Automobile Parts Industry, 29922-29924 2012-12132 Federal Transit Federal Transit Administration PROPOSED RULES Application of Buy America Waivers to Rolling Stock Overhauls and Rebuilds, 29953-29955 2012-9698 Fiscal Fiscal Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Resolution Authorizing Execution of Depositary, Financial Agency, and Collateral Agreement, etc., 30050 2012-12151 Food and Drug Food and Drug Administration NOTICES Meetings: Clinical Study Design and Performance of Hospital Glucose Sensors, 30016-30017 2012-12180 International Capacity Building with Respect to Food Safety, 30017-30018 2012-12209 Food Safety Food Safety and Inspection Service NOTICES Requests for Nominations: National Advisory Committee on Meat and Poultry Inspection, 29963-29964 2012-12152 General Services General Services Administration NOTICES Agency Information Collection Activities;

Office of the Assistant Secretary for Health, 30004-30007 2012-12172 2012-12173 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Land Management Bureau NOTICES Meetings: U.S. Extractive Industries Transparency Initiative Stakeholder Assessment; Webinar and Workshop, 30022-30023 2012-12303 International Trade Adm International Trade Administration RULES Revocation of Antidumping and Countervailing Duty Orders, 29875-29884 2012-12257 NOTICES North American Free-Trade Agreement;

Article 1904 Binational Panel Reviews, 29965-29966 2012-12174 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Judicial Conference Advisory Committee on Rules of Bankruptcy Procedure, 30025 2012-12258 Judicial Conference Advisory Committee on Rules of Criminal Procedure, 30024-30025 2012-12255 Judicial Conference Committee on Rules of Practice and Procedure, 30025 2012-12266 Justice Department Justice Department See Drug Enforcement Administration RULES Amendment of Americans With Disabilities Act Title II and Title III Regulations:

Extend Compliance Date for Certain Requirements Related to Existing Pools and Spas Provided by State and Local Governments and by Public Accommodations, 30174-30180 2012-12365 Land Land Management Bureau NOTICES Applications for Withdrawals of Public Lands: Alaska, 30023-30024 2012-12231 Proposed Extensions of Withdrawals of Public Lands: South Dakota, 30024 2012-12234 Maritime Maritime Administration NOTICES Requested Administrative Waiver of the Coastwise Trade Laws: Vessel Windsong, 30049 2012-12216 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Acquisition Regulation; Davis Bacon Act Price Adjustment (Actual Method), 29982-29983 2012-12205 Federal Acquisition Regulation; Novation/Change of Name Requirements, 29983-29984 2012-12211 Federal Acquisition Regulation; Subcontract Consent, 29983 2012-12207 Federal Acquisition Regulation; U.S. Flag Air Carriers Statement, 29984-29985 2012-12210 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 30021 2012-12240 National Cancer Institute, 30019 2012-12250 National Institute of Allergy and Infectious Diseases, 30020-30021 2012-12243 National Institute of Diabetes and Digestive and Kidney Diseases, 30019 2012-12242 National Institute of Environmental Health Sciences, 30019 2012-12238 National Institute of General Medical Sciences, 2012-12247 30019-30020 2012-12249 National Institute on Aging, 30020 2012-12245 National Oceanic National Oceanic and Atmospheric Administration RULES Sea Turtle Conservation:

Shrimp and Summer Flounder Trawling Requirements, 29905-29913 2012-12014 PROPOSED RULES Fisheries of the Exclusive Economic Zone off Alaska and Pacific Halibut Fisheries: Observer Program, 29961-29962 2012-12273 Fisheries off West Coast States: Pacific Coast Groundfish Fishery Management Plan; Trawl Rationalization Program, 29955-29961 2012-12265 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Subsistence Fishery For Pacific Halibut in Waters off Alaska:

Registration and Marking of Gear, 29966 2012-12177 Applications: Marine Mammals; File No. 17157, 29966-29967 2012-12260 Environmental Impact Statements; Terminations, Preparations, etc.:, 29967-29969 2012-12262 Marine Mammal Stock Assessment Reports, 29969-29981 2012-12270 Meetings: Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 29981 2012-12204 Permits: Marine Mammals; File No. 17086, 29981-29982 2012-12267 National Science National Science Foundation NOTICES Meetings:

Advisory Committee for International Science and Engineering, 30029 2012-12189 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Establishment of Atomic Safety and Licensing Board: Entergy Nuclear Operations, Inc., 30029 2012-12213 Meetings: Advisory Committee on Reactor Safeguards, 30029-30030 2012-12214 Monitoring the Effectiveness of Maintenance at Nuclear Power Plants, 30030-30031 2012-12215 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 30031 2012-12308 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Iraq;

Continuation of National Emergency (Notice of May 18, 2012), 30181-30183 2012-12487 Public Debt Public Debt Bureau See Fiscal Service Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 30031-30032 2012-12182 Meetings; Sunshine Act, 30032 2012-12356 Self-Regulatory Organizations; Proposed Rule Changes: Fixed Income Clearing Corp., 30032-30038 2012-12181 NASDAQ OMX PHLX LLC, 30038-30040, 30043-30044 2012-12195 2012-12196 New York Stock Exchange LLC, 30040-30043 2012-12197 Social Social Security Administration NOTICES Meetings:

Occupational Information Development Advisory Panel, 30044-30045 2012-12088 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: English Language Evaluation Surveys, 30045-30046 2012-12254 Supplemental Registration for Diversity Immigrant Visa Program, 30045 2012-12252 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration Treasury Treasury Department See Fiscal Service RULES Financial Research Fund:

Assessment of Fees on Large Bank Holding Companies and Nonbank Financial Companies, 29884-29895 2012-12047 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Use the Automated Commercial Environment, 30021-30022 2012-12175 Veteran Affairs Veterans Affairs Department NOTICES Meetings: National Academic Affiliations Council, 30050 2012-12183 VASRD Status Summit, A Public Overview of Proposed Disability Evaluation Criteria, 30050-30051 2012-12285 Separate Parts In This Issue Part II Transportation Department, Federal Aviation Administration, 30054-30086 2012-11984 Part III Environmental Protection Agency, 30088-30171 2012-11618 2012-11605 Part IV Justice Department, 30174-30180 2012-12365 Part V Presidential Documents, 30181-30183 2012-12487 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. 77 98 Monday, May 21, 2012 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 609 RIN 1901-AB32 Loan Guarantees for Projects That Employ Innovative Technologies AGENCY: Loan Programs Office, Department of Energy. ACTION: Final rule; technical amendment.

SUMMARY: The Department of Energy

(DOE)is publishing this technical amendment to the regulations for the loan guarantee program authorized by Section 1703 of Title XVII of the Energy Policy Act of 2005 (Title XVII) to incorporate, without substantive change, an amendment to Section 1702(b) of Title XVII enacted by Section 305 of the Consolidated Appropriations Act, 2012. DATES: This rule is effective May 21, 2012. FOR FURTHER INFORMATION CONTACT: Mr. David G. Frantz, Acting Executive Director, Loan Programs Office, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:

(202)586-8336. Email: *david.frantz@hq.doe.gov.* SUPPLEMENTARY INFORMATION: I. Background Section 305 of the Consolidated Appropriations Act, 2012 amended Section 1702(b) of Title XVII by striking the existing subsection

(b)and inserting instead a provision that makes clear no guarantee shall be made unless an appropriation for the cost of the guarantee has been made; the Secretary has received from the borrower a payment in full for the cost of the guarantee and deposited the payment into the Treasury; or a combination of one or more appropriations and one or more payments from the borrower has been made that is sufficient to cover the cost of the guarantee. II. Summary of Today's Action Today's action is a technical amendment to revise the regulations for the loan guarantee program authorized by Section 1703 of Title XVII to incorporate, without substantive change, the amendment to Section 1702(b) of Title XVII referred to above. Pursuant to authority at 5 U.S.C. 553(b)(B), the DOE finds good cause to waive the requirement for prior notice and an opportunity for public comment on this rulemaking because such procedures would be unnecessary. As DOE is merely inserting into the Code of Federal Regulations statutory provisions already applicable to these loan guarantees and removing language inconsistent with those statutory provisions prior notice and an opportunity for public comment would serve no useful purpose. For the same reason, DOE finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date and make this rule effective immediately. III. Procedural Requirements A. Review Under Executive Order 12866, “Regulatory Planning and Review” Today's final rule is a “significant regulatory action” under section 3(f) of Executive Order 12866, “Regulatory Planning and Review.” 58 FR 51735 (October 4, 1993). Accordingly, today's action was subject to review by the Office of Information and Regulatory Affairs

(OIRA)in the Office of Management and Budget (OMB). B. Review Under the 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. As required by Executive Order 13272, *Proper Consideration of Small Entities in Agency Rulemaking,* 67 FR 53461 (August 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. The Department has made its procedures and policies available on the Office of General Counsel's Web site: *http://www.gc.doe.gov.* DOE today is revising the Code of Federal Regulations to incorporate, without substantive change, an amendment to Section 1702(b) of Title XVII. Because this is a technical amendment for which a general notice of proposed rulemaking is not required, the Regulatory Flexibility Act does not apply to this rulemaking. C. Review Under the Paperwork Reduction Act of 1995 This rulemaking imposes no new information or record keeping requirements. Accordingly, Office of Management and Budget clearance is not required under the Paperwork Reduction Act. (44 U.S.C. 3501 *et seq.* ) D. Review Under the National Environmental Policy Act of 1969 DOE has determined that this rule is covered under the Categorical Exclusion found in DOE's National Environmental Policy Act regulations at paragraph A.6 of Appendix A to Subpart D, 10 CFR part 1021, which applies to rulemakings that are strictly procedural. Accordingly, neither an environmental assessment nor an environmental impact statement is required. E. Review Under Executive Order 13132, “Federalism” Executive Order 13132, “Federalism.” 64 FR 43255 (Aug. 10, 1999) imposes certain requirements on Federal agencies formulating and implementing policies or regulations that preempt State law or that have 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. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of today's proposed rule. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297) No further action is required by Executive Order 13132. F. Review Under Executive Order 12988, “Civil Justice Reform” With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of Executive Order 12988, “Civil Justice Reform,” 61 FR 4729 (February 7, 1996), 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. 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, to the extent permitted by law, this final 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 a proposed regulatory action likely to result in a rule that may cause 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 (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed “significant intergovernmental mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirements that might significantly or uniquely affect small governments. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA (62 FR 12820) (also available at *http://www.gc.doe.gov* ). This final 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 under the UMRA 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 final 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. I. Review Under Executive Order 12630, “Governmental Actions and Interference With Constitutionally Protected Property Rights” The Department has determined, under Executive Order 12630, “Governmental Actions and Interference with Constitutionally Protected Property Rights,” 53 FR 8859 (March 18, 1988), that this rule would not result in any takings which might require compensation under the Fifth Amendment to the United States 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 (February 22, 2002), and DOE's guidelines were published at 67 FR 62446 (October 7, 2002). DOE has reviewed today's rulemaking 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, “Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use” 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 the Office of Information and Regulatory Affairs (OIRA), Office of Management and Budget, a Statement of Energy Effects for any proposed significant energy action. A “significant energy action” is defined as any action by an agency that promulgated 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. This final rule would not have a significant adverse effect on the supply, distribution, or use of energy and, therefore, is not a significant energy action. Accordingly, DOE has not prepared a Statement of Energy Effects. L. 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). IV. Approval of the Office of the Secretary The Secretary of Energy has approved publication of today's final rule. 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 May 15, 2012. David G. Frantz, Acting Executive Director, Loan Programs Office. For the reasons set forth in the preamble, DOE hereby amends Part 609 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 1. The authority citation for part 609 continues to read as follows: Authority: 42 U.S.C. 7254, 16511-16514. 2. In § 609.8 revise paragraph

(d)to read as follows: § 609.8 Term sheets and conditional commitments.

(d)DOE's obligations under each Conditional Commitment are conditional upon statutory authority having been provided in advance of the execution of the Loan Guarantee Agreement sufficient under FCRA and Title XVII for DOE to execute the Loan Guarantee Agreement, and payment in full of the Credit Subsidy Cost for the loan guarantee that is the subject of the Conditional Commitment from one of the following:

(1)A Congressional appropriation of funds;

(2)A payment from the Borrower deposited into the Treasury; or

(3)A combination of one or more appropriations under paragraph (d)(1) and one or more payments from the Borrower under paragraph (d)(2) of this section. 3. In § 609.9 revise paragraph (d)(1) to read as follows: § 609.9 Closing on the Loan Guarantee Agreement.

(d)* * *

(1)Pursuant to section 1702(b) of the Act, DOE has received payment in full of the Credit Subsidy Cost of the loan guarantee from one of the following:

(i)A Congressional appropriation of funds;

(ii)A payment from the Borrower deposited into the Treasury; or

(iii)A combination of one or more appropriations under paragraph (d)(1)(i) and one or more payments from the Borrower under paragraph (d)(1)(ii) of this section. 4. In § 609.10 revise paragraph (d)(17) to read as follows: § 609.10 Loan Guarantee Agreement.

(d)* * *

(17)If Borrower is to make payment in full or in part for the Credit Subsidy Cost of the loan guarantee pursuant to section 1702(b)(2) of the Act, such payment must be received by DOE prior to, or at the time of, closing; [FR Doc. 2012-12218 Filed 5-18-12; 8:45 am]

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U.S. Code