Unknown. Interpretive rule
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/register/2017/08/30/2017-18400·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-2017-08-30.xml --- 82 167 Wednesday, August 30, 2017 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41263-41265 2017-18404 Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41207 2017-18326 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Truth in Lending Annual Threshold Adjustments, 41158-41160 2017-18003 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 41265-41268 2017-18405 2017-18407 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41268-41269 2017-18275 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41269-41270 2017-18410 Coast Guard Coast Guard RULES Drawbridge Operations: St. Croix River, Stillwater, MN, 41174 2017-18443 Upper Mississippi River, Rock Island, IL, 41173-41174 2017-18406 Safety Zones:
Wando River, Charleston, SC, 41174-41177 2017-18432 NOTICES Meetings: Chemical Transportation Advisory Committee, 41279-41280 2017-18331 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission RULES Prohibition of Children's Toys and Child Care Articles Containing Specified Phthalates:
Determinations Regarding Certain Plastics, 41163-41172 2017-18387 Defense Department Defense Department NOTICES Meetings: Vietnam War Commemoration Advisory Committee, 41255 2017-18321 Education Department Education Department PROPOSED RULES Borrower Defenses, Financial Responsibility, and Gainful Employment: Negotiated Rulemaking Committee Nominations and Schedule of Committee Meetings, 41194-41197 2017-18510 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Advanced Technology Vehicles Manufacturer Assistance Program, 41157-41158 2017-18400 PROPOSED RULES Energy Conservation Program:
Test Procedure for Small Electric Motors and Electric Motors, 41179 2017-18408 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Rhode Island; Infrastructure Requirement for 2010 Sulfur Dioxide and 2010 Nitrogen Dioxide National Ambient Air Quality Standards, 41197-41205 2017-18419 NOTICES Meetings: Methylene Chloride in Furniture Refinishing; Workshop, 41256-41258 2017-18420 Proposed CERCLA Cost Recovery Settlements:
Former Douglas Battery Site, Winston-Salem, Forsyth County, NC, 41256 C1--2017--17737 Farm Credit Farm Credit Administration NOTICES Equal Employment Opportunity and Diversity, 41258-41259 2017-18416 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 41160-41163 2017-18165 PROPOSED RULES Air Traffic Service Routes: Western United States, 41182-41183 2017-18325 Airworthiness Directives: The Boeing Company Airplanes, 41179-41182 2017-18389 NOTICES Reduction of Remote Communications Outlets Used by Flight Service Stations in Conterminous United States, 41304-41306 2017-18398 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:
Tallgrass Interstate Gas Transmission, LLC, 41256 2017-18368 Filings: Great River Energy, 41255 2017-18369 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 41259 2017-18413 Federal Reserve Federal Reserve System NOTICES Requests for Information: Production of Rates, 41259-41262 2017-18402 Fish Fish and Wildlife Service RULES Permits for Eagle Incidental Take and Take of Eagle Nests; Correction, 41177-41178 2017-18414 NOTICES Permit Applications: Foreign Endangered and Threatened Species, 41281-41282 2017-18353 Food and Drug Food and Drug Administration NOTICES Determinations of Regulatory Review Periods for Purposes of Patent Extensions:
KENGREAL, 41274-41276 2017-18380 XTORO, 41271-41273 2017-18379 Determinations that Products were Not Withdrawn from Sale for Reasons of Safety or Effectiveness: CENESTIN (estrogens, conjugated synthetic A) Tablets, 0.3 Milligrams, 0.45 Milligrams, 0.625 Milligrams, 0.9 Milligrams, and 1.25 Milligrams, 41273-41274 2017-18376 Guidance: Product-Specific Guidance for Digoxin, 41270-41271 2017-18386 New Drug Applications: Upsher-Smith Laboratories, Inc.; Withdrawal of Approval for PROPRANOLOL HYDROCHLORIDE, 41273 2017-18375 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities:
DPT Laboratories, Ltd., Foreign-Trade Zone 80, San Antonio, TX, 41209 2017-18436 Pfizer, Inc., Foreign-Trade Zone 43, Battle Creek, MI, 41207-41208 2017-18439 Valeo North America, Inc., Foreign-Trade Zone 39, Dallas-Fort Worth, TX, 41208 2017-18440 Proposed Production Activities: Nisshinbo Automotive Manufacturing, Inc., Foreign-Trade Zone 26, Atlanta, GA, 41208-41209 2017-18438 Subzone Expansions; Approvals: 5.11, Inc. Modesto, Lathrop and Manteca, CA, 41208 2017-18435 Subzone Status;
Approvals: MTD Consumer Group, Inc., Martin, TN, 41209 2017-18437 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ferrous Metals Surveys, 41282-41283 2017-18362 Gulf Coast Ecosystem Restoration Council Gulf Coast Ecosystem Restoration Council NOTICES Initial Funded Priorities List; Proposed Amendments, 41262-41263 2017-18334 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Meetings:
Advisory Committee on HIV, Viral Hepatitis and STD Prevention and Treatment, 41276-41277 2017-18426 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau See National Park Service See Reclamation Bureau Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41307-41308 2017-18332 2017-18333 International Trade Adm International Trade Administration NOTICES Annual Listing of Foreign Government Subsidies;
Quarterly Updates: Articles of Cheese Subject to In-Quota Rate of Duty, 41209-41210 2017-18433 Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ripe Olives from Spain, 41210 2017-18430 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Personal Transporters, Components Thereof, and Packaging and Manuals Therefor; Certain Personal Transporters and Components Thereof, 41287-41288 2017-18234 Paper Clips from China, 41288 2017-18357 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Escape and Evacuation Plans, 41291-41292 2017-18434 Events Registration Platform, 41291 2017-18320 Nondiscrimination Compliance Information Reporting, 41289-41290 2017-18361 Request for Examination and/or Treatment, 41288-41289 2017-18388 Rock Burst Control Plan, 41290-41291 2017-18367 Land Land Management Bureau NOTICES Plats of Surveys: Idaho, 41283 2017-18393 Public Land Orders: Sacramento Peak Observatory, New Mexico, 41283-41284 2017-18409 Legal Legal Services Corporation NOTICES Meetings;
Sunshine Act, 41296-41297 2017-18528 National Highway National Highway Traffic Safety Administration NOTICES Environmental Impact Statements; Availability, etc.: Model Year 2022-2025 Corporate Average Fuel Economy Standards, 41306 2017-18366 National Institute National Institute of Standards and Technology NOTICES Meetings: Federated Cloud Public Working Group, 41210-41211 2017-18354 Requests for Information: Development of Organization of Scientific Area Committees for Forensic Science 2.0, 41211-41213 2017-18355 National Institute National Institutes of Health NOTICES Meetings:
Center for Scientific Review, 41277-41279 2017-18341 2017-18342 Eunice Kennedy Shriver National Institute of Child Health and Human Development; Correction, 41279 2017-18338 National Heart, Lung, and Blood Institute, 41277, 41279 2017-18340 2017-18344 National Institute of Allergy and Infectious Diseases, 41277 2017-18337 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska: Pacific Ocean Perch in Bering Sea and Aleutian Islands Management Area, 41178 2017-18442 PROPOSED RULES Fisheries of Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Fishery of Gulf of Mexico; Gray Triggerfish Management Measures; Amendment 46, 41205-41206 2017-18417 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41213-41214 2017-18371 2017-18372 Environmental Assessments; Availability, etc.: National Data Buoy Center, 41214-41215 2017-18415 Takes of Marine Mammals Incidental to Specified Activities: Biorka Island Dock Replacement Project, 41229-41255 2017-18347 Central Bay Operations and Maintenance Facility Project, 41215-41229 2017-18349 National Park National Park Service NOTICES Repatriations of Cultural Items:
Science Museum of Minnesota, St. Paul, MN, 41285-41286 2017-18345 U.S. Department of Agriculture, Forest Service, Tonto National Forest, Phoenix, AZ, 41284-41285 2017-18346 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Guidance: Preparation of Petitions for Rulemaking and Preparation and Submission of Proposals for Regulatory Guidance Documents; Withdrawal, 41297 2017-18429 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Operator Certification Extensions:
Cranes and Derricks in Construction, 41184-41193 2017-18441 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Voluntary Protection Programs Information, 41294-41296 2017-18427 Expansion of Recognition; Applications: Intertek Testing Services NA, Inc., 41292-41294 2017-18428 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Women's Equality Day (Proc. 9631), 41315-41318 2017-18541 ADMINISTRATIVE ORDERS Armed Forces:
Transgender Individuals; Policy on Service in the Military (Memorandum of August 25, 2017), 41319-41320 2017-18544 Reclamation Reclamation Bureau NOTICES Central Valley Project Improvement Act Water Management Plans, 41286-41287 2017-18394 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ Stock Market, LLC, 41298-41300 2017-18352 New York Stock Exchange, LLC, 41300 2017-18351 Small Business Small Business Administration NOTICES Disaster Declarations:
Louisiana, 41301-41302 2017-18374 Oklahoma, 41300 2017-18373 Pennsylvania, 41302-41303 2017-18381 2017-18382 Tennessee, 41301 2017-18383 Wisconsin, 41300-41301 2017-18384 State Department State Department RULES United States Munitions List: Temporary Modification of Category XI, 41172-41173 2017-18482 NOTICES Culturally Significant Objects Imported for Exhibition: Renoir and Friends: Luncheon of the Boating Party, 41303 2017-18385 Determinations: Department of State, Foreign Operations, and Related Programs Appropriations Act, 41303 2017-18395 Surface Transportation Surface Transportation Board NOTICES Meetings:
CSX Transportation, Inc.'s Rail Service Issues, 41303-41304 2017-18399 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41310-41312 2017-18364 2017-18365 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Capital Magnet Fund Forms, 41310 2017-18363 Customs U.S.
Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Intertek USA, Inc., 41280-41281 2017-18412 Veteran Affairs Veterans Affairs Department NOTICES Exclusive Licenses; Approvals: Arizona Board of Regents, 41312-41313 2017-18370 Separate Parts In This Issue Part II Presidential Documents, 41315-41320 2017-18541 2017-18544 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 167 Wednesday, August 30, 2017 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 611 Advanced Technology Vehicles Manufacturer Assistance Program AGENCY: Loan Programs Office, Department of Energy. ACTION: Interpretive rule.
SUMMARY: The Department of Energy (“DOE”) is adopting an interpretive rule to clarify its interpretation of Section 136 of the Energy Independence and Security Act of 2007, as amended (“EISA”) and its implementing regulations for the Advanced Technology Vehicle Manufacturing Loan Program (the “ATVM Loan Program”) authorized by Section 136. Section 136(f), which establishes requirements for the administrative costs associated with loans under the ATVM Loan Program, was implemented by DOE pursuant to a 2008 interim final rule governing the operation of the ATVM Program.
The implementing regulation in part provided that the borrower would be required to pay at the time of the closing of the loan, an “Administrative Fee” equal to 10 basis points of the principal amount of the loan. DOE is adopting this interpretive rule to explain its view that the administrative costs imposed by Congress under Section 136(f) is separate from the cost of the outside advisors engaged by DOE in connection with the review and processing of their respective loan applications, negotiation of conditional commitments, and closing of loans.
DATES: This interpretive rule is effective on August 30, 2017. FOR FURTHER INFORMATION CONTACT: Herbert A. Glaser, Chief Counsel, Loan Programs Office, U.S. Department of Energy, 1000 Independence Ave. SW., Washington, DC 20585-0121, email: *lgprogram@hq.doe.gov* . SUPPLEMENTARY INFORMATION: I. Introduction and Background II. Approval of the Office of the Secretary I. Introduction and Background Section 136 of EISA authorizes the Secretary of Energy (the “Secretary”) to issue grants and direct loans to applicants for the costs of reequipping, expanding, or establishing manufacturing facilities in the United States to produce qualified advanced technology vehicles, or qualifying components.
Section 136 also authorizes the Secretary to issue grants and direct loans for the costs of engineering integration performed in the United States of qualifying advanced technology vehicles and qualifying components. DOE promulgated regulations implementing Section 136 at 10 CFR part 611, 73 FR 66721 (November 12, 2008). The regulations included implementation of Section 136(f), “Fees,” which specifies that administrative costs shall be no more than $100,000 or 10 basis points of the loan.
This statutory requirement is implemented at 10 CFR 611.107(e), which states that “[t]he Borrower will be required to pay at the time of the closing of the loan a fee equal to 10 basis points of the principal amount of the loan.” This payment is referred to as the “Administrative Fee.” Although the Administrative Fee has been the sole fee imposed by DOE under the ATVM Loan Program to date, DOE does not interpret Section 136(f) as restricting its ability to assess other fees and charges on borrowers or other applicants, as defined in the implementing regulation at 10 CFR 611.2.
Moreover, DOE does not interpret Section136(f) as limiting the Secretary's discretion to impose on borrowers or other applicants the cost of outside advisors engaged by DOE in connection with the processing and review of their respective loan applications or the negotiation and closing of their respective loan commitments and closings (collectively, “Transaction Advisory Costs”). In the 2008 rulemaking, DOE discussed its interpretation of Section 136(f), explaining that DOE interprets the statute as authorizing DOE to charge borrowers an administrative fee and as providing DOE with the flexibility to choose either monetary option set forth in the statute.
DOE decided in the 2008 rulemaking that administrative costs imposed on each borrower will be 10 basis points of the loan, to be paid by the borrower on the closing date of the loan. DOE based its decision on the need for fairness among borrowers and the belief that administrative costs for a loan would be in excess of 10 basis points, and by selecting 10 basis points as the fee for all loans, DOE ensured that borrowers of smaller loans would pay smaller Administrative Fees. Nothing in the rulemaking sought to define “administrative costs,” nor did it suggest that Section 136(f) limited DOE's authority to recover costs not considered “administrative costs.
” In this regard, the preamble to the 2008 interim final rule refers to a “fee”, but does not suggest that the fee is exclusive. Moreover, both Section 136(f) and the implementing regulations are silent as to the allocation, between DOE and applicants, of Transaction Advisory Costs or other costs that fall outside of the scope of administrative costs. Generally, the costs incurred by DOE to date to carry out the ATVM Loan Program can be divided into two categories: Those costs attributable generally to the overall administration of the ATVM Program, including payroll and other overhead costs of the Loan Programs Office ATVM Division, which are incurred irrespective of the volume or complexity of loan applications (“Category I Costs”), and those costs attributable directly to the review, processing, closing and management of specific loan transactions, including Transaction Advisory Costs (“Category II Costs”).
Transaction Advisory Costs and other Category II Costs vary significantly in relation to the maturity and organization of the applicant and the complexity of the proposed project, among other factors. In this rulemaking, DOE interprets “administrative costs” as used in Section 136(f) not to include Category II Costs, including Transactional Advisory Costs. DOE interprets Section 136(f) to instead establish a limit on the Category I Costs of the ATVM Loan Program that can be recovered through the imposition of the Administrative Fee.
Allocating to the applicant the responsibility for Transaction Advisory Costs associated with the applicant's transaction is consistent with the prevailing practices of similar federal financing programs and commercial lenders in similar transactions. Accordingly, DOE does not interpret either Section 136(f) or the implementing regulations to restrict DOE's ability to allocate the Transaction Advisory Costs or other Category II Costs associated with a particular application to the relevant applicant.
Based on its interpretation of the statute as explained in this rule, applicants for ATVM loans can bear all Transaction Advisory Costs associated with their respective applications. Applicants would pay Transaction Advisory Costs pursuant to direct agreements executed by and between the applicant and each relevant outside transaction advisor, in a form acceptable to DOE and each such transaction advisor, no later than the date determined by DOE in its discretion with respect to such pending application.
II. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this interpretive rule. List of Subjects in 10 CFR Part 611 Administrative practice and procedure, Loan programs—energy, Reporting and recordkeeping requirements. Issued in Washington, DC, on August 24, 2017. John Sneed, Executive Director, Loan Programs Office. [FR Doc. 2017-18400 Filed 8-29-17; 8:45 am]
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