[Federal Register: January 11, 2008 (Volume 73, Number 8)]
[Rules and Regulations]
[Page 1961-1962]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ja08-1]
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Rules and Regulations
Federal Register
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DEPARTMENT OF ENERGY
10 CFR Part 609
RIN 1901-AB21
Loan Guarantees for Projects That Employ Innovative Technologies
AGENCY: Office of the Chief Financial Officer, Department of Energy.
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE) today publishes a final rule to
amend DOE's October 23, 2007 final rule concerning loan guarantees for
projects employing innovative technologies. This final rule removes an
extraneous paragraph, originally included in the proposed rule, that
was inadvertently retained in the October 23 final rule.
DATES: This rule is effective January 11, 2008.
FOR FURTHER INFORMATION CONTACT: David G. Frantz, Director, Loan
Guarantee Program Office, Office of the Chief Financial Officer, 1000
Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-8336, e-
mail: lgprogram@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On October 23, 2007 (72 FR 60115), DOE promulgated a rule
establishing procedures for the loan guarantee program authorized by
Title XVII of the Energy Policy Act of 2005 (``Act'') (42 U.S.C. 16511-
16514). Title XVII authorizes the Secretary of Energy, after
consultation with the Secretary of the Treasury, to make loan
guarantees for projects that ``(1) avoid, reduce, or sequester air
pollutants or anthropogenic emissions of greenhouse gases; and (2)
employ new or significantly improved technologies as compared to
commercial technologies in service in the United States at the time the
guarantee is issued.'' (42 U.S.C. 16513(a)) Earlier, on May 16, 2007,
the Department had published a Notice of Proposed Rulemaking and
Opportunity for Comment (NOPR, 72 FR 27471) to establish regulations
for the Title XVII loan guarantee program.
Prior to publication of the final rule, on August 8, 2006, DOE had
issued Guidelines for Proposals Submitted in Response to the First
Solicitation for loan guarantees. The Guidelines were published in the
Federal Register on August 14, 2006 (71 FR 46451), and the First
Solicitation was issued on August 8, 2006.
II. Discussion of Amendment
Today's final rule amends the October 23, 2007 final rule by
removing a paragraph in section 609.1 regarding the application of the
final rule to Pre-Applications, Applications, Conditional Commitments,
and Loan Guarantee Agreements that were issued or entered into pursuant
to the First Solicitation.
DOE proposed in the NOPR that in order to ensure that DOE complied
with the Revised Continuing Appropriations Resolution, 2007 (Pub. L.
110-5) but did not prejudice Pre-Applicants that responded to the First
Solicitation, the regulations would specify that they do not apply to
the Pre-Applications, Applications, Conditional Commitments, and Loan
Guarantee Agreements issued or entered into pursuant to the First
Solicitation. Proposed Sec. 609.1(c)(1). DOE proposed that the only
exceptions to this would be the default, recordkeeping, and audit
requirements proposed for inclusion in DOE's regulations. Proposed
Sec. 609.1(c)(2). DOE also proposed in the NOPR to permit DOE and an
Applicant to agree in a Loan Guarantee Agreement entered into pursuant
to the First Solicitation that additional provisions of DOE's
regulations would apply to the particular project. Proposed Sec.
609.1(c)(3).
DOE received and responded to public comments on these issues in
the notice of final rulemaking (72 FR 60132-60133). In the final rule,
DOE modified the application of part 609 to those who responded to the
First Solicitation by providing that ``[e]xcept as specified in
[section 609.1(c)(1)], these regulations apply to all projects and loan
guarantees pursuant to Title XVII, including those pursuant to the
First Solicitation.'' (72 FR 60133). Thus, the final rule provides that
DOE's regulations apply to all projects pursuant to Title XVII, except
for section 609.3 (``Solicitations''), section 609.4 (``Submission of
pre-applications''), and section 609.5 (``Evaluation of pre-
applications''). DOE, however, inadvertently left in the final rule
proposed paragraph 609.1(c)(3), re-numbered as paragraph 609.1(c)(2) in
the final rule, which would allow DOE and Applicants who submitted Pre-
Applications pursuant to the First Solicitation to agree to make
additional provisions of Part 609 applicable to their projects. The
change in coverage makes this paragraph of section 609.1 superfluous,
and DOE removes paragraph (c)(2) with today's final rule.
III. Issuance of a Final Rule
DOE has determined, pursuant to 5 U.S.C. 553(b)(B) and (d)(3), that
prior notice and an opportunity for public comment on this rule are
unnecessary and there is good cause to waive the requirement for a 30-
day delay in effective date. DOE has determined that the revision DOE
is making to Part 609 is a technical change or correction about which
the public would have no particular interest in providing comments. As
explained earlier in this preamble, DOE is revising section 609.1 to
remove a paragraph allowing DOE and Applicants who submitted
Applications pursuant to the First Solicitation to agree to make other
provisions of part 609 applicable to those projects. This paragraph was
included inadvertently in the final rule, and is superfluous because
609.1(c)(1) specifies which sections of part 609 do not apply to such
Applications.
Based on the foregoing, DOE finds that good cause exists to waive
both the requirement to provide prior notice and an opportunity to
comment on this rulemaking and the requirement for a 30-day delay in
effective date.
IV. Procedural Review Requirements
A. Executive Order 12866
Today's regulatory action has been determined not to be a
``significant regulatory action'' under Executive Order 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (October 4, 1993).
Accordingly, this action is not subject to review under that Executive
Order by the Office of Information and Regulatory
[[Page 1962]]
Affairs (OIRA) of the Office of Management and Budget (OMB).
B. National Environmental Policy Act of 1969
DOE has determined that this final rule is covered under the
Categorical Exclusion found in DOE's National Environmental Policy Act
regulations at paragraph A.5 of Appendix A to Subpart D, 10 CFR, part
1021, which applies to a rulemaking that amends an existing rule or
regulation which does not change the environmental effect of the rule
or regulation being amended.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. DOE has
found that prior notice and opportunity for public comment are not
required for this rulemaking. Therefore, the analytical requirements of
the Regulatory Flexibility Act do not apply to today's rule.
Accordingly, DOE has not prepared a regulatory flexibility analysis for
this rulemaking.
D. Paperwork Reduction Act
This rule does not impose any new collection of information subject
to review and approval by OMB under the Paperwork Reduction Act (44
U.S.C. 3501 et seq.).
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and tribal governments. This final rule does
not impose a Federal mandate on State, local or tribal governments. The
rule would not result in the expenditure by State, local, and tribal
governments in the aggregate, or by the private sector, of $100 million
or more in any one year. Accordingly, no assessment or analysis is
required under the Unfunded Mandates Reform Act of 1995.
F. Treasury and General Government Appropriations Act, 1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277), requires Federal agencies to issue a
Family Policymaking Assessment for any rulemaking that may affect
family well-being. This rule would not have any impact on the autonomy
or integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
G. Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have federalism
implications. DOE has determined that this rule would not preempt State
law and would not have a substantial direct effect on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government. No further action is required by Executive Order 13132.
H. Executive Order 12988
DOE has determined that, to the extent permitted by law, this final
rule meets the relevant standards of Executive Order 12988.
I. Treasury and General Government Appropriations Act, 2001
DOE has reviewed today's rule under OMB and DOE guidelines
concerning dissemination of information to the public and has concluded
that it is consistent with applicable policies in those guidelines.
J. Executive Order 13211
Today's rule would not have a significant adverse effect on the
supply, distribution, or use of energy and is therefore not a
significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects.
K. Congressional Notification
As required by 5 U.S.C. 801, the Department will submit to Congress
a report regarding the issuance of today's final rule prior to the
effective date set forth at the outset of this rule. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 801(2).
V. Approval by the Office of the Secretary of Energy
Issuance of this rule has been approved by the Office of the
Secretary.
List of Subjects in 10 CFR Part 609
Administrative practice and procedure, Energy, Loan programs, and
Reporting and recordkeeping requirements.
Issued in Washington, DC, on January 7, 2008.
Steve Isakowitz,
Chief Financial Officer.
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For the reasons set out in the preamble, DOE amends part 609 of
subchapter H of chapter II of title 10 of the Code of Federal
Regulations as set forth below:
PART 609--LOAN GUARANTEES FOR PROJECTS THAT EMPLOY INNOVATIVE
TECHNOLOGIES
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1. The authority citation for part 609 continues to read as follows:
Authority: 42 U.S.C. 7254, 16511-16514.
Sec. 609.1 [Amended]
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2. Section 609.1 is amended by removing paragraph (c)(2) and
redesignating paragraph (c)(1) as paragraph (c).
[FR Doc. E8-325 Filed 1-10-08; 8:45 am]
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