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[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Proposed Rules]
[Pages 13300-13304]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5677]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / 
Proposed Rules

[[Page 13300]]

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: Notice of proposed rulemaking; request for comment.

-----------------------------------------------------------------------

SUMMARY: DOE proposes 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 that would be 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: Comments on these proposed procedures must be postmarked by 
April 11, 2011.

ADDRESSES: Interested parties may submit comments, identified by 
Regulation Identifier Number (RIN) 1990-AA36, by any of the following 
methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: 1990-AA36@hq.doe.gov. Include RIN 1990-AA36 in the 
subject line of the message.
    3. Postal Mail: Office of the General Counsel, U.S. Department of 
Energy, Room 6A-245, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Please submit one signed paper original and include RIN 
1990-AA36 on your submission.
    4. Hand Delivery/Courier: Office of the General Counsel, U.S. 
Department of Energy, Room 6A-245, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Telephone: (202) 586-5281. Please submit one 
signed paper original and include RIN 1990-AA36 on your submission.

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. DOE proposes 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 proposed in this rulemaking are modeled 
after existing procedures DOE uses to process loan applications 
submitted to DOE's Advanced Technology Vehicles Manufacturing Incentive 
Program.
    DOE proposes 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 proposes to amend 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 proposes to 
add 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, DOE proposes that submitters 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

[[Page 13301]]

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 proposes to amend 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.
    DOE further proposes that the 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) cross-reference 10 CFR 600.15. These regulations are set forth 
at 10 CFR part 609. DOE proposes to establish 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 proposes that the regulations implementing 
its Advanced Technology Vehicles Manufacturing (ATVM) Incentive Program 
at 10 CFR part 611 cross-reference 10 CFR 600.15. DOE already applies 
to the ATVM program procedures virtually identical to those proposed in 
this notice. DOE here proposes to establish the marking requirements 
described above in the program's implementing regulations.

Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    This proposed 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 final regulatory flexibility analysis (FRFA) 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 proposed rule under the Regulatory 
Flexibility Act and certifies that, if adopted, the rule would 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 proposed rule would not be 
significant. The proposed 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 proposed rule 
would 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 proposed rule, DOE proposes 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 proposed 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 proposed rule in accordance with Executive Order 13132 and its 
policy and determined that this proposed rule setting forth 
requirements for the marking of trade secrets and commercial or 
financial information that is privileged or confidential, if adopted, 
would 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

[[Page 13302]]

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 proposed 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 proposed 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 proposed 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

    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 would 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 notice 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 would 
establish 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 proposed standards are 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 proposed 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 proposed rule does not 
contain any influential or highly influential scientific information 
that would be subject to the peer review requirements of the OMB 
Bulletin.

Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
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 March 7, 2011.
Steven Chu,
Secretary of Energy.

    For the reasons stated in the preamble, DOE proposes to amend 
Subchapter H of Chapter II of Title 10, Code of Federal Regulations, to 
read as set forth below:

PART 600--FINANCIAL ASSISTANCE RULES

    1. The authority citation for part 600 continues to read as 
follows:

[[Page 13303]]

    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:

Sec.  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.
    (iii) (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:

Sec.  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:

Sec.  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:

Sec.  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:

Sec.  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:

[[Page 13304]]

Sec.  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:

Sec.  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:

Sec.  611.103  Application evaluation.

    (a) Eligibility screening. Applications will be reviewed to 
determine whether the applicant is eligible, the information required 
under Sec.  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. 2011-5677 Filed 3-10-11; 8:45 am]
BILLING CODE 6450-01-P
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