12704 Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Rules and Regulations 

members on the Council shall be as 

follows: 

(a) Region 1: Colorado, Florida, 

Illinois, Oklahoma, Oregon, Tennessee, 

Texas, Utah, Washington, and 

Wyoming—3 Members. 

(b) Region 2: Pennsylvania—3 

Members. 

(c) Region 3: California—2 Members. 

(d) Region 4: All other States, the 

District of Columbia, and the 

Commonwealth of Puerto Rico—0 

Members. 

(e) Region 5: Importers—1 member. 

Dated: March 13, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–1315 Filed 3–14–07; 11:37 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Rural Business–Cooperative Service 

7 CFR Part 4279 

RIN 0570–AA26 

Business and Industry Guaranteed 

Loan Program; Technical Correction 

AGENCY: Rural Business—Cooperative 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Rural BusinessCooperative Service (RBS) is revising its 

program regulations to correct an 

inadvertent omission in a sentence 

concerning eligibility of debt 

refinancing. The words ‘‘existing lender 

debt’’ will be added to a sentence that 

currently limits refinancing to less than 

50 percent of the overall loan. The 

intended effect is to limit existing 

lender debt refinancing to less than 50 

percent of the overall loan. 

DATES: Effective Date: March 19, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Griffin, Loan Specialist, 

Business and Industry Division, Rural 

Business-Cooperative Service, U.S. 

Department of Agriculture, STOP 3224, 

1400 Independence Avenue, SW., 

Washington, DC 20250–3224. 

Telephone: (202) 720–6802; TDD 

number is (800) 877–8339 or (202) 708–

9300; Fax number: (202) 720–6003; email: brenda.griffin@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Classification 

This rule has been determined to be 

not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget (OMB). 

Programs Affected 

The Catalog of Federal Domestic 

Assistance number for the program 

impacted by this action is 10.768, 

Business and Industry Loans. 

Intergovernmental Review 

Business and Industry Guaranteed 

Loans are subject to the provisions of 

Executive Order 12372, which require 

intergovernmental consultation with 

state and local officials. RBS will 

conduct intergovernmental consultation 

in the manner delineated in RD 

Instruction 1940–J, ‘‘Intergovernmental 

Review of Rural Development Programs 

and Activities,’’ available in any Rural 

Development office and on the Internet 

at http://rurdev.usda.gov.regs/ and in 7 

CFR part 3015, subpart V. 

Paperwork Reduction Act 

The information collection 

requirements contained in this 

regulation have been previously 

approved by OMB under the provisions 

of 44 U.S.C. chapter 35 and have been 

assigned OMB control number 0570–

0017, in accordance with the Paperwork 

Reduction Act (PRA) of 1995. There is 

no new paperwork burden associated 

with this correction. 

E-Government Act Compliance 

RBS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. For 

information pertinent to E–GOV 

compliance related to this proposed 

rule, please contact Brenda Griffin at 

(202) 720–6802. 

Regulatory Flexibility Act 

In compliance with the Regulatory 

Flexibility Act (5 U.S.C. 601–612), the 

undersigned has determined and 

certified by signature of this document 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. Since this rule 

is a technical correction and has no 

significant economic impact on a 

substantial number of small entities, a 

regulatory flexibility analysis was not 

performed. 

Civil Justice Reform 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. In accordance with this 

Executive Order: (1) All State and local 

laws and regulations that are in conflict 

with this rule will be preempted, (2) no 

retroactive effect will be given this rule, 

and (3) administrative proceedings in 

accordance with 7 CFR part 11 must be 

exhausted before bringing litigation 

challenging action taken under this rule 

unless these regulations specifically 

allow bringing suit at an earlier time. 

Environmental Impact Statement 

This document has been reviewed in 

accordance with 7 CFR part 1940, 

subpart G, ‘‘Environmental Program.’’

RBS has determined that this action 

does not constitute a major Federal 

action significantly affecting the quality 

of the human environment, and in 

accordance with the National 

Environmental Policy Act of 1969, 42 

U.S.C. 4321 et seq., an Environmental 

Impact Statement is not required. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), Public 

Law 104–4, establishes requirements for 

Federal agencies to assess the effects of 

their regulatory actions on State, local, 

and tribal governments and the private 

sector. Under section 202 of the UMRA, 

RBS generally must prepare a written 

statement, including a cost-benefit 

analysis, for proposed and final rules 

with ‘‘Federal mandates’’ that may 

result in expenditures to State, local or 

tribal governments, in the aggregate, or 

to the private sector, of $100 million or 

more in any one year. When such a 

statement is needed for a rule, section 

205 of UMRA generally requires RBS to 

identify and consider a reasonable 

number of regulatory alternatives and 

adopt the least costly, more cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This rule contains no Federal 

mandates (under the regulatory 

provisions of Title II of the UMRA) for 

State, local, and tribal governments or 

the private sector. Thus, this rule is not 

subject to the requirements of sections 

202 and 205 of UMRA. 

Executive Order 13132 

It has been determined under 

Executive Order 13132, Federalism, that 

this rule does not have sufficient 

federalism implications to warrant the 

preparation of a Federalism Assessment. 

The provisions contained in this rule 

will not have a substantial direct effect 

on States or their political subdivisions 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

Background 

A final rule was published in the 

Federal Register on June 8, 2006, 

concerning tangible balance sheet equity 

requirements for the Business and 

Industry Guaranteed Loan Program. The 


cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 72, No. 52 / Monday, March 19, 2007 / Rules and Regulations 12705 

rule modified existing debt refinancing 

eligibility language and inadvertently 

omitted three key words that existed 

prior to the final rule taking effect. This 

rule inserts those three words back into 

the debt refinancing eligibility language. 

List of Subjects in 7 CFR Part 4279 

Business and industry, Loan 

programs, Rural areas, Rural 

development assistance. 

■ Accordingly, chapter XLII, title 7, 

Code of Federal Regulations, is 

amended as follows: 

PART 4279—GUARANTEED 

LOANMAKING 

■ 1. The authority citation for part 4279 

continues to read as follows: 

Authority: 5 U.S.C. 301 and 7 U.S.C. 1989. 

Subpart B—Business and Industry 

Loans 

■ 2. In § 4279.113, paragraph (r) is 

revised to read as follows: 

§ 4279.113 Eligible loan purposes. 

* * * * * 

(r) To refinance outstanding debt 

when it is determined that the project is 

viable and refinancing is necessary to 

improve cash flow and create new or 

save existing jobs. Except as provided 

for in § 4279.108(d)(4) of this subpart, 

existing lender debt may be included 

provided that, at the time of application, 

the loan has been current for at least the 

past 12 months (unless such status is 

achieved by the lender forgiving the 

borrower’s debt) and the lender is 

providing better rates or terms. 

Subordinated owner debt is not eligible 

under this paragraph. Unless the 

amount to be refinanced is owed 

directly to the Federal government or is 

federally guaranteed, the existing lender 

debt refinancing must be a secondary 

part (less than 50 percent) of the overall 

loan. 

* * * * * 

Dated: February 23, 2007. 

Jackie J. Gleason, 

Administrator, Rural Business—Cooperative 

Service. 

[FR Doc. E7–4920 Filed 3–16–07; 8:45 am] 

BILLING CODE 3410–XY–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

RIN 3150–AH60 

Design Basis Threat 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations that govern the requirements 

pertaining to the design basis threats 

(DBTs). This final rule makes 

generically applicable security 

requirements similar to those previously 

imposed by the Commission’s April 29, 

2003 DBT Orders, based upon 

experience and insights gained by the 

Commission during implementation, 

and redefines the level of security 

requirements necessary to ensure that 

the public health and safety and 

common defense and security are 

adequately protected. Pursuant to 

Section 170E of the Atomic Energy Act 

(AEA), the final rule revises the DBT 

requirements for radiological sabotage, 

generally applicable to power reactors 

and Category I fuel cycle facilities, and 

for theft or diversion of NRC-licensed 

Strategic Special Nuclear Material 

(SSNM), applicable to Category I fuel 

cycle facilities. Additionally, a petition 

for rulemaking (PRM–73–12), filed by 

the Committee to Bridge the Gap, was 

considered as part of this rulemaking. 

The NRC partially granted PRM–73–12 

in the proposed rule, but deferred action 

on other aspects of the petition to the 

final rule. The NRC’s final disposition of 

PRM–73–12 is contained in this 

document. 

DATES: Effective Date: April 18, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Manash K. Bagchi, Office of Nuclear 

Reactor Regulation, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone 301–415–

2905, e-mail MKB2@NRC.GOV. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Analysis of Public Comments and 

Consideration of the 12 Factors of the 

Energy Policy Act of 2005 

III. Summary of Specific Changes Made to the 

Proposed Rule as a Result of Public 

Comments 

IV. Section by Section Analysis 

V. Guidance 

VI. Resolution of Petition (PRM–73–12) 

VII. Criminal Penalties 

VIII. Compatibility of Agreement State 

Regulations 

IX. Availability of Documents 

X. Plain Language 

XI. Voluntary Consensus Standards 

XII. Finding of No Significant Environmental 

Impact: Environmental Assessment: 

Availability 

XIII. Paperwork Reduction Act Statement 

XIV. Regulatory Analysis 

XV. Regulatory Flexibility Act Certification 

XVI. Backfit Analysis 

XVII. Congressional Review Act 

I. Background 

The DBT requirements in 10 CFR 73.1 

describe general adversary 

characteristics that designated licensees 

must defend against with high 

assurance. These NRC requirements 

include protection against radiological 

sabotage (generally applied to power 

reactors and Category I fuel cycle 

facilities) and theft or diversion of NRClicensed SSNM (generally applied to 

Category I fuel cycle facilities). On 

November 7, 2005 (70 FR 67380), the 

Commission published a proposed rule 

for public comment seeking to amend 

its regulation that governs the 

requirements pertaining to the DBTs. 

The DBTs are used by licensees to form 

the basis for site-specific defensive 

strategies implemented through 

physical security plans, safeguards 

contingency plans, and security 

personnel training and qualifications 

plans. Amendment of the DBT rule was 

influenced by a number of factors 

described below. 

Following the terrorist attacks on 

September 11, 2001, the NRC conducted 

a thorough review of security practices 

to ensure that nuclear power plants and 

other licensed facilities continued to 

have effective security measures in 

place to address the changing threat 

environment. The NRC recognized that 

some elements of the DBTs required 

enhancement. After soliciting and 

receiving comments from Federal, State, 

and local agencies, and industry 

stakeholders, and reviewing an analysis 

of intelligence information regarding the 

trends and capabilities of potential 

adversaries, the NRC imposed 

supplemental DBT requirements by 

order on April 29, 2003. The 

Commission deliberated on the 

responsibilities of the local, State, and 

Federal stakeholders to protect the 

nation and the responsibility of the 

licensees to protect individual nuclear 

facilities before issuing the April 29, 

2003 DBT Orders. 

The April 29, 2003 DBT Orders 

required nuclear power reactors and 

Category I fuel cycle facility licensees to 

revise their physical security plans, 

security personnel training and 

qualification plans, and safeguards 

contingency plans to defend against the 


cprice-sewell on PROD1PC66 with RULES