70292 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

nitrate to plutonium dioxide. Other processes

can involve the precipitation of plutonium

oxalate or plutonium peroxide.

(2) Especially designed or prepared

systems for plutonium metal production.

This process usually involves the

fluorination of plutonium dioxide, normally

with highly corrosive hydrogen fluoride, to

produce plutonium fluoride, which is

subsequently reduced using high purity

calcium metal to produce metallic plutonium

and a calcium fluoride slag. The main

functions involved in this process are the

following: fluorination (e.g., involving

equipment fabricated or lined with a

precious metal), metal reduction (e.g.,

employing ceramic crucibles), slag recovery,

product handling, ventilation, waste

management and process control. The

process systems are particularly adapted so

as to avoid criticality and radiation effects

and to minimize toxicity hazards. Other

processes include the fluorination of

plutonium oxalate or plutonium peroxide

followed by reduction to metal.

25. In appendix K to part 110,

paragraph C.2(viii) is added to read as

follows:

Appendix K to Part 110—Illustrative

List of Equipment and Components

Under NRC Export Licensing Authority

for Use in a Plant for the Production of

Heavy Water, Deuterium and

Deuterium Compounds

C.2. * * *

(viii) Complete Heavy Water Upgrade

Systems or Columns.

Complete heavy water upgrade systems or

columns especially designed or prepared for

the upgrade of heavy water to reactor-grade

deuterium concentration. These systems,

which usually employ water distillation to

separate heavy water from light water, are

especially designed or prepared to produce

reactor-grade heavy water (i.e., typically

99.75% deuterium oxide) from heavy water

feedstock of lesser concentration.

* * * * *

Appendix L to Part 100 [Amended]

26. In appendix L to part 110, the

following terms are added in

alphabetical order: ‘‘Californium-253 (Cf

253)’’, ‘‘Californium-254 (Cf 254)’’, and

‘‘Neptunium-235 (Np 235)’’.

27. A new appendix N to part 110 is

added to read as follows:

Appendix N to Part 110–Illustrative List

of Lithium Isotope Separation

Facilities, Plants and Equipment Under

NRC’s Export Licensing Authority

a. Facilities or plants for the separation of

lithium isotopes.

b. Equipment for the separation of lithium

isotopes, such as:

(1) Packed liquid-liquid exchange columns

especially designed for lithium amalgams;

(2) Mercury and/or lithium amalgam

pumps;

(3) Lithium amalgam electrolysis cells;

(4) Evaporators for concentrated lithium

hydroxide solution.

28. A new appendix O to part 110 is

added to read as follows:

Appendix O to Part 110–Illustrative List

of Fuel Element Fabrication Plant

Equipment and Components Under

NRC’s Export Licensing Authority

Note: Nuclear fuel elements are

manufactured from source or special nuclear

material. For oxide fuels, the most common

type of fuel equipment for pressing pellets,

sintering, grinding and grading will be

present. Mixed oxide fuels are handled in

glove boxes (or equivalent containment) until

they are sealed in the cladding. In all cases

the fuel is hermetically sealed inside a

suitable cladding which is designed to be the

primary envelope encasing the fuel so as to

provide suitable performance and safety

during reactor operation. Also, in all cases

precise control of processes, procedures and

equipment to extremely high standards is

necessary in order to ensure predictable and

safe fuel performance.

(a) Items that are considered especially

designed or prepared for the fabrication of

fuel elements include equipment that:

(1) Normally comes in direct contact with,

or directly processes or controls, the

production flow of nuclear material;

(2) Seals the nuclear material within the

cladding;

(3) Checks the integrity of the cladding or

the seal; and

(4) Checks the finished treatment of the

sealed fuel.

(b) This equipment or systems of

equipment may include, for example:

(1) Fully automatic pellet inspection

stations especially designed or prepared for

checking final dimensions and surface

defects of fuel pellets;

(2) Automatic welding machines especially

designed or prepared for welding end caps

onto the fuel pins (or rods);

(3) Automatic test and inspection stations

especially designed or prepared for checking

the integrity of completed fuel pins (or rods).

This item typically includes equipment for:

(i) X-ray examination of pin (or rod) end

cap welds;

(ii) Helium leak detection from pressurized

pins (or rods); and

(iii) Gamma-ray scanning of the pins (or

rods) to check for correct loading of the fuel

pellets inside.

Dated at Rockville, Maryland, this 27th day

of October 2000.

For the Nuclear Regulatory Commission.

Carl J. Paperiello,

Acting Executive Director for Operations.

[FR Doc. 00–29459 Filed 11–21–00; 8:45 am]

BILLING CODE 7590–01–P

EMERGENCY STEEL GUARANTEE

LOAN BOARD

13 CFR Part 400

RIN 3003–ZA00

Emergency Steel Guarantee Loan

Program; Commercial Lending

Practices and Re-Opening of Period for

Applications

AGENCY: Emergency Steel Guarantee

Loan Board.

ACTION: Final rule.

SUMMARY: The Emergency Steel

Guarantee Loan Board (Board) is

amending the regulations governing the

Emergency Steel Guarantee Loan

Program (Program). These changes are

meant to harmonize certain program

requirements with commercial lending

practices and to open a second period

for the submission of applications. The

intent of these changes is to streamline

program administration both for the

Board and the lenders and to allow

submission of additional applications

for loan guarantees.

DATES: This rule is effective November

22, 2000.

FOR FURTHER INFORMATION CONTACT:

Marguerite S. Owen, General Counsel,

Emergency Steel Guarantee Loan Board,

1099—14th Street, NW., Suite 2600

East, Washington, DC 20005, (202) 219–

0584.

SUPPLEMENTARY INFORMATION: On

October 27, 1999, the Board published

a final rule codifying at Chapter 4, Title

13, Code of Federal Regulations (CFR),

regulations implementing the Program,

as established in Chapter 1 of Public

Law 106–51, the Emergency Steel Loan

Guarantee Act of 1999 (64 FR 57932).

Since those initial regulations were

published the Board has made a number

of changes to the regulations meant to

conform the regulations to the

Guarantee Agreement between the

government and the lender and to allow

for participations in unguaranteed

tranches of loans guaranteed under the

Program. Today the Board is making

additional changes designed to

harmonize certain program

requirements with commercial lending

practices, streamline program operation,

and to open a second period for the

submission of applications. In addition,

several non-substantive changes are

being made to change addresses and

allow for certain delegations of

authority.

Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations 70293

Administrative Law Requirements

Executive Order 12866

This final rule has been determined

not to be significant for purposes of

Executive Order 12866.

Administrative Procedure Act

This rule is exempt from the

rulemaking requirements contained in 5

U.S.C. 553 pursuant to authority

contained in 5 U.S.C. 553(a)(2) as it

involves a matter relating to loans. As

such, prior notice and an opportunity

for public comment and a delay in

effective date otherwise required under

5 U.S.C. 553 are inapplicable to this

rule.

Regulatory Flexibility Act

Because this rule is not subject to a

requirement to provide prior notice and

an opportunity for public comment

pursuant to 5 U.S.C. 553, or any other

law, the analytical requirements of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., are inapplicable.

Congressional Review Act

This rule has been determined to be

not major for purposes of the

Congressional Review Act, 5 U.S.C. 801

et seq.

Intergovernmental Review

No intergovernmental consultations

with State and local officials are

required because the rule is not subject

to the provisions of Executive Order

12372 or Executive Order 12875.

Unfunded Mandates Reform Act of 1995

This rule contains no Federal

mandates, as that term is defined in the

Unfunded Mandates Reform Act, on

State, local and tribal governments or

the private sector.

Executive Order 13132

This rule does not contain policies

having federalism implications

requiring preparation of a Federalism

Summary Impact Statement.

Executive Order 12630

This rule does not contain policies

that have takings implications.

List of Subjects in 13 CFR Part 400

Administrative practice and

procedure, Freedom of information,

Loan programs—steel, Reporting and

recordkeeping requirements.

Dated: November 16, 2000.

Daniel J. Rooney,

Executive Secretary, Emergency Steel

Guarantee Loan Board.

For the reasons set forth in the

preamble, 13 CFR part 400 is amended

as follows:

PART 400—EMERGENCY STEEL

GUARANTEE LOAN PROGRAM

1. The authority citation for part 400

is revised to read as follows:

Authority: Pub. L. 106–51, 113 Stat. 252

(15 U.S.C. 1841 note); Pub. L. 106–102, 113

Stat. 1338.

2. Section 400.1 is revised to read as

follows:

§ 400.1 Purpose.

This part is issued by the Emergency

Steel Guarantee Loan Board pursuant to

section 552 of title 5 of the United States

Code and the Emergency Steel Loan

Guarantee Act of 1999, Chapter 1 of

Public Law 106–51, 113 Stat. 252, as

amended by section 734 of Public Law

106–102, 113 Stat. 1338, the GrammLeach-Bliley Financial Modernization

Act (1999).

3. Section 400.103 is revised to read

as follows:

§ 400.103 Offices.

The principal offices of the Board are

located at 1099—14th Street, NW, Suite

2600 East, Washington, DC 20005.

4. Section 400.105 is amended by

adding paragraph (d) to read as follows:

§ 400.105 Staff.

* * * * *

(d) An individual may hold more than

one staff position.

5. Section 400.107 is amended by

revising paragraph (b)(3) to read as

follows:

§ 400.107 Freedom of Information Act.

* * * * *

(b) * * *

(3) Electronic records. Information

available under this section that was

created on or after November 1, 1996,

shall also be available on the Board’s

website found at http://elb.osec.doc.gov

and at http://elb.commerce.gov.

* * * * *

6. Section 400.110 is revised to read

as follows:

§ 400.110 Amendments.

The Board’s rules in this chapter may

be adopted or amended, or new rules

may be adopted, only by majority vote

of the Board.

7. Section 400.200 is amended by

revising paragraph (c) to read as follows:

§ 400.200 Eligible Borrower.

* * * * *

(c) The Lender must provide with its

application a letter from at least one

lending institution other than the

Lender to which the Borrower has

applied for financial assistance dated

within six months of submission of the

application, indicating that the

Borrower was denied for substantially

the same loan it is now applying for,

and the reasons the Borrower was

unable to obtain the financing for which

it applied. In addition, the Lender

applying for a guarantee under this

Program must certify that it would not

make the loan without the Board’s

guarantee.

8. Section 400.204 is amended by

revising paragraph (c)(2)(ii) to read as

follows:

§ 400.204 Loan terms.

* * * * *

(c) * * *

(2) * * *

(ii) A fully perfected and enforceable

security interest and/or lien in any other

property of the Borrower’s pledged to

secure the loan, including accessions,

replacements, proceeds, or property

given by a third party as Security for the

loan.

* * * * *

9. Section 400.205 is amended by

revising paragraphs (a), (b)(2), and (b)(6)

to read as follows:

§ 400.205 Application process.

(a) Application process. An original

application and three copies must be

received by the Board no later than 5

p.m. EST, April 2, 2001 in the Board’s

offices at 1099—14th Street, NW, Suite

2600 East, Washington, DC 20005.

Applications which have been provided

to a delivery service with ‘‘delivery

guaranteed’’ before 5 p.m. on April 2,

2001 will be accepted for review if the

Applicant can document that the

application was provided to the delivery

service with delivery to the address

listed in this section guaranteed prior to

the closing date and time. A postmark

is not sufficient to meet this deadline as

the application must be received by the

required date and time. Applications

will not be accepted via facsimile

machine transmission or electronic

mail.

(b) * * *

(2) The information required for the

completion of Form ‘‘Environmental

Assessment and Compliance Findings

for Related Environmental Laws’’ and

attachments, as required by

§ 400.206(a)(2)(i)(D);

* * * * *

70294 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Rules and Regulations

(6) A certification by the Lender that

the Lender meets each of the

requirements of the Program as set forth

in the Act and the Board’s rules in this

part;

* * * * *

10. Section 400.206 is amended by

revising paragraphs (c)(5)(ii)(C) and

(c)(5)(iv) to read as follows:

§ 400.206 Environmental requirements.

* * * * *

(c) * * *

(5) * * *

(ii) * * *

(C) Adopt a previously completed EIS

reasonably related to the project for

which the proceeds of the loan sought

to be guaranteed under the Program will

be used, as described in 40 CFR 1506.3.

* * * * *

(iv) If, on the basis of an

environmental assessment, it is

determined that an EIS is not required,

a FONSI, as described in 40 CFR

1508.13 will be prepared. The FONSI

will include the environmental

assessment or a summary of it and be

available to the public from the Board.

The Executive Director shall maintain a

record of these decisions, making them

available to interested parties upon

request. Requests should be directed to

the Executive Director, Emergency Steel

Guarantee Loan Program, 1099—14th

Street, NW, Suite 2600 East,

Washington, DC 20005. Prior to a final

loan guarantee decision, a copy of the

NEPA documentation shall be sent to

the Board for consideration.

* * * * *

11. Section 400.207 is amended by

revising paragraphs (b) introductory text

and (c) to read as follows:

§ 400.207 Application evaluation.

* * * * *

(b) Evaluation criteria. Applications

that are determined to be eligible

pursuant to paragraph (a) of this section

shall be subject to a substantive review

by the Board based upon the following

evaluation factors, in order of

importance:

* * * * *

(c) Decisions by the Board. Upon

completion of the evaluation of an

application and as soon as possible after

its receipt, the Board will approve or

deny an eligible application that is

timely received under this Program. The

Board shall notify the Applicants and

the Borrower in writing of the approval

or denial of an application as soon as

possible. Approvals for loan Guarantees

shall be conditioned upon compliance

with § 400.208.

12. Section 400.208 is amended by

revising paragraph (a)(3) to read as

follows:

§ 400.208 Issuance of the Guarantee.

(a) * * *

(3) The Board’s receipt of the Loan

documents and any related instruments,

in form and substance satisfactory to the

Board, and the Guarantee, all properly

executed by the Lender, Borrower, and

any other required party other than the

Board; and

* * * * *

13. Section 400.210 is amended by

removing paragraph (c)(2), redesignating

paragraph (c)(3) as paragraph (c)(2), and

revising it, and adding a new paragraph

(d), to read as follows:

§ 400.210 Assignment or transfer of loans.

* * * * *

(c) * * *

(2) Transfers by a non-Agent Lender

of the non-guaranteed portion of the

loan after payment of the guaranteed

portion of the loan has been made under

the Guarantee.

(d) The Agent must hold and may not

assign or transfer an interest in a loan

guaranteed under the Program equal to

at least the lesser of $25 million or 15

percent of the aggregate amount of the

loan. The Agent must hold and may not

assign or transfer an interest in the

unguaranteed portion of the loan which

as a percentage of the Agent’s overall

interest in the loan is no less than the

aggregate percentage of the loan which

is not guaranteed. A non-Agent Lender

must hold and may not transfer or

assign an interest in the unguaranteed

portion of the loan representing no less

than five percent of such Lender’s total

interest in the Loan, except as provided

paragraph (c)(2) of this section.

14. Section 400.211 is revised to read

as follows:

§ 400.211 Lender responsibilities.

The Lender shall have such

obligations and duties to the Board as

are set forth in the Guarantee.

15. Section 400.212 is revised to read

as follows:

§ 400.212 Guarantee.

The Board shall adopt a form of

Guarantee to be used by the Board

under the Program, and shall publish

the Guarantee on its website.

Modifications to the provisions of the

form of Guarantee must be approved

and adopted by the Board.

16. Section 400.213 is revised to read

as follows:

§ 400.213 Termination of obligations.

The Board shall have such rights to

terminate the Guarantee as are set forth

in the Guarantee.

17. Section 400.214 is revised to read

as follows:

§ 400.214 Participations in guaranteed

loans.

(a) Subject to paragraphs (b), (c) and

(d) of this section, a Lender may

distribute the risk of a portion of a loan

guaranteed under the Program by sale of

participations therein if:

(1) Neither the loan note nor the

Guarantee is assigned, conveyed, sold,

or transferred in whole or in part;

(2) The Lender remains solely

responsible for the administration of the

loan; and

(3) The Board’s ability to assert any

and all defenses available to it under the

Guarantee and the law is not adversely

affected.

(b) The following categories of entities

may purchase participations in loans

guaranteed under the Program:

(1) Eligible Lenders;

(2) Private investment funds and

insurance companies that do not usually

invest in commercial loans;

(3) Steel company suppliers or

customers, who are interested in

participating as a means of commencing

or solidifying the supplier or customer

relationship with the borrower; or

(4) Any other entity approved by the

Board on a case-by-case basis.

(c) The Agent may not grant

participations in that portion of its

interest in a loan that may not be

assigned or transferred under

§ 400.210(d). A Lender, other than the

Agent, may not grant participations in

that portion of its interest in a loan that

may not be assigned or transferred

under § 400.210(d).

(d) At least 5 percent of any

participation interest in a loan must be

unguaranteed.

[FR Doc. 00–29812 Filed 11–17–00; 2:17 pm]

BILLING CODE 3510–NC–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2000–NM–265–AD; Amendment

39–11980; AD 2000–23–10]

RIN 2120–AA64

Airworthiness Directives; Lockheed

Model 188A and 188C Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.