This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

29853 

Vol. 77, No. 98 

Monday, May 21, 2012 

DEPARTMENT OF ENERGY 

10 CFR Part 609 

RIN 1901–AB32 

Loan Guarantees for Projects That 

Employ Innovative Technologies 

AGENCY: Loan Programs Office, 

Department of Energy. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Department of Energy 

(DOE) is publishing this technical 

amendment to the regulations for the 

loan guarantee program authorized by 

Section 1703 of Title XVII of the Energy 

Policy Act of 2005 (Title XVII) to 

incorporate, without substantive 

change, an amendment to Section 

1702(b) of Title XVII enacted by Section 

305 of the Consolidated Appropriations 

Act, 2012. 

DATES: This rule is effective May 21, 

2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David G. Frantz, Acting Executive 

Director, Loan Programs Office, U.S. 

Department of Energy, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–8336. Email: 

david.frantz@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 305 of the Consolidated 

Appropriations Act, 2012 amended 

Section 1702(b) of Title XVII by striking 

the existing subsection (b) and inserting 

instead a provision that makes clear no 

guarantee shall be made unless an 

appropriation for the cost of the 

guarantee has been made; the Secretary 

has received from the borrower a 

payment in full for the cost of the 

guarantee and deposited the payment 

into the Treasury; or a combination of 

one or more appropriations and one or 

more payments from the borrower has 

been made that is sufficient to cover the 

cost of the guarantee. 

II. Summary of Today’s Action 

Today’s action is a technical 

amendment to revise the regulations for 

the loan guarantee program authorized 

by Section 1703 of Title XVII to 

incorporate, without substantive 

change, the amendment to Section 

1702(b) of Title XVII referred to above. 

Pursuant to authority at 5 U.S.C. 

553(b)(B), the DOE finds good cause to 

waive the requirement for prior notice 

and an opportunity for public comment 

on this rulemaking because such 

procedures would be unnecessary. As 

DOE is merely inserting into the Code 

of Federal Regulations statutory 

provisions already applicable to these 

loan guarantees and removing language 

inconsistent with those statutory 

provisions prior notice and an 

opportunity for public comment would 

serve no useful purpose. For the same 

reason, DOE finds good cause under 5 

U.S.C. 553(d)(3) to waive the 30-day 

delay in effective date and make this 

rule effective immediately. 

III. Procedural Requirements 

A. Review Under Executive Order 

12866, ‘‘Regulatory Planning and 

Review’’ 

Today’s final rule is a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, ‘‘Regulatory 

Planning and Review.’’ 58 FR 51735 

(October 4, 1993). Accordingly, today’s 

action was subject to review by the 

Office of Information and Regulatory 

Affairs (OIRA) in the Office of 

Management and Budget (OMB). 

B. Review Under the 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. As required by 

Executive Order 13272, Proper 

Consideration of Small Entities in 

Agency Rulemaking, 67 FR 53461 

(August 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. The 

Department has made its procedures 

and policies available on the Office of 

General Counsel’s Web site: http:// 

www.gc.doe.gov. DOE today is revising 

the Code of Federal Regulations to 

incorporate, without substantive 

change, an amendment to Section 

1702(b) of Title XVII. Because this is a 

technical amendment for which a 

general notice of proposed rulemaking 

is not required, the Regulatory 

Flexibility Act does not apply to this 

rulemaking. 

C. Review Under the Paperwork 

Reduction Act of 1995 

This rulemaking imposes no new 

information or record keeping 

requirements. Accordingly, Office of 

Management and Budget clearance is 

not required under the Paperwork 

Reduction Act. (44 U.S.C. 3501 et seq.) 

D. Review Under the National 

Environmental Policy Act of 1969 

DOE has determined that this rule is 

covered under the Categorical Exclusion 

found in DOE’s National Environmental 

Policy Act regulations at paragraph A.6 

of Appendix A to Subpart D, 10 CFR 

part 1021, which applies to rulemakings 

that are strictly procedural. 

Accordingly, neither an environmental 

assessment nor an environmental 

impact statement is required. 

E. Review Under Executive Order 13132, 

‘‘Federalism’’ 

Executive Order 13132, ‘‘Federalism.’’ 

64 FR 43255 (Aug. 10, 1999) imposes 

certain requirements on Federal 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have 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 


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29854 Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Rules and Regulations 

it will follow in the development of 

such regulations. 65 FR 13735. EPCA 

governs and prescribes Federal 

preemption of State regulations as to 

energy conservation for the products 

that are the subject of today’s proposed 

rule. States can petition DOE for 

exemption from such preemption to the 

extent, and based on criteria, set forth in 

EPCA. (42 U.S.C. 6297) No further 

action is required by Executive Order 

13132. 

F. Review Under Executive Order 12988, 

‘‘Civil Justice Reform’’ 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

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. 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 

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, to 

the extent permitted by law, this final 

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 

a proposed regulatory action likely to 

result in a rule that may cause 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 (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a), (b)) 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect small governments. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA (62 FR 12820) (also available at 

http://www.gc.doe.gov). This final 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 

under the UMRA 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 

final 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, 

‘‘Governmental Actions and 

Interference With Constitutionally 

Protected Property Rights’’ 

The Department has determined, 

under Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 18, 1988), 

that this rule would not result in any 

takings which might require 

compensation under the Fifth 

Amendment to the United States 

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 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). DOE has 

reviewed today’s rulemaking 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, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ 

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 the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any proposed significant energy action. 

A ‘‘significant energy action’’ is defined 

as any action by an agency that 

promulgated 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. 

This final rule would not have a 

significant adverse effect on the supply, 

distribution, or use of energy and, 

therefore, is not a significant energy 

action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

L. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule prior to its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s final rule. 

List of Subjects in 10 CFR Part 609 

Administrative practice and 

procedure, Energy, Loan programs, and 

Reporting and recordkeeping 

requirements. 


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Federal Register / Vol. 77, No. 98 / Monday, May 21, 2012 / Rules and Regulations 29855 

Issued in Washington, DC, on May 15, 

2012. 

David G. Frantz, 

Acting Executive Director, Loan Programs 

Office. 

For the reasons set forth in the 

preamble, DOE hereby amends Part 609 

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 

■ 1. The authority citation for part 609 

continues to read as follows: 

Authority: 42 U.S.C. 7254, 16511–16514. 

■ 2. In § 609.8 revise paragraph (d) to 

read as follows: 

§ 609.8 Term sheets and conditional 

commitments. 

* * * * * 

(d) DOE’s obligations under each 

Conditional Commitment are 

conditional upon statutory authority 

having been provided in advance of the 

execution of the Loan Guarantee 

Agreement sufficient under FCRA and 

Title XVII for DOE to execute the Loan 

Guarantee Agreement, and payment in 

full of the Credit Subsidy Cost for the 

loan guarantee that is the subject of the 

Conditional Commitment from one of 

the following: 

(1) A Congressional appropriation of 

funds; 

(2) A payment from the Borrower 

deposited into the Treasury; or 

(3) A combination of one or more 

appropriations under paragraph (d)(1) 

and one or more payments from the 

Borrower under paragraph (d)(2) of this 

section. 

* * * * * 

■ 3. In § 609.9 revise paragraph (d)(1) to 

read as follows: 

§ 609.9 Closing on the Loan Guarantee 

Agreement. 

* * * * * 

(d) * * * 

(1) Pursuant to section 1702(b) of the 

Act, DOE has received payment in full 

of the Credit Subsidy Cost of the loan 

guarantee from one of the following: 

(i) A Congressional appropriation of 

funds; 

(ii) A payment from the Borrower 

deposited into the Treasury; or 

(iii) A combination of one or more 

appropriations under paragraph (d)(1)(i) 

and one or more payments from the 

Borrower under paragraph (d)(1)(ii) of 

this section. 

* * * * * 

■ 4. In § 609.10 revise paragraph (d)(17) 

to read as follows: 

§ 609.10 Loan Guarantee Agreement. 

* * * * * 

(d) * * * 

(17) If Borrower is to make payment 

in full or in part for the Credit Subsidy 

Cost of the loan guarantee pursuant to 

section 1702(b)(2) of the Act, such 

payment must be received by DOE prior 

to, or at the time of, closing; 

* * * * * 

[FR Doc. 2012–12218 Filed 5–18–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0184; Directorate 

Identifier 2011–NM–118–AD; Amendment 

39–17055; AD 2012–10–06] 

RIN 2120–AA64 

Airworthiness Directives; Saab AB, 

Saab Aerosystems Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all Saab 

AB, Saab Aerosystems Model SAAB 

2000 airplanes. This AD was prompted 

by reports that environmentally friendly 

de-icing agents used on certain 

electrical connectors and braids could 

cause corrosion damage. This AD 

requires performing, in certain 

locations, a detailed inspection for 

corrosion of the electrical and 

electronics installation, and if corrosion 

is found repairing each affected harness 

braid or replacing each affected 

component and/or wiring harness. We 

are issuing this AD to detect and correct 

corrosion of critical system wiring, 

which could result in arcing and, in 

combination with other factors, a fire 

and consequent damage to the airplane. 

DATES: This AD becomes effective June 

25, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of June 25, 2012. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Shahram Daneshmandi, Aerospace 

Engineer, International Branch, ANM– 

116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

(425) 227–1112; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on February 28, 2012 (77 FR 

11791). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The MCAI states: 

Environmentally friendly de-/anti-icing 

agents (acetates or formats) are a known 

cause of corrosion damage to components of 

the Electrical Wiring Interconnection System 

(EWIS) on aeroplanes. 

Investigations by SAAB have identified 

certain electrical connectors and braids 

which are susceptible to such damage, in 

zones 191 and 192 of the center wing 

fuselage and in zones 323, 332 and 342, 

affecting the wiring harnesses of elevator and 

rudder servos. 

This condition, if not detected and 

corrected, could lead to damage of critical 

system wiring, possibly resulting in arcing 

and, in combination with other factors, a fire 

and consequent damage to, or loss of, the 

aeroplane. 

To address this unsafe condition, SAAB 

have issued Service Bulletin (SB) 2000–92– 

005 and SB 2000–92–006 to provide 

instructions to detect unacceptable corrosion 

on electrical and electronic installation 

wiring. 

For the reasons described above, this 

[EASA] AD requires a one-time [detailed] 

inspection of the affected components in the 

designated area, the reporting of all 

inspections results to SAAB and, depending 

on findings, appropriate corrective action 

[repair or replacement]. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 11791, February 28, 2012) or on the 

determination of the cost to the public. 

Conclusion 

We reviewed the available data and 

determined that air safety and the 

public interest require adopting the AD 

as proposed. 

Costs of Compliance 

We estimate that this AD will affect 

10 products of U.S. registry. We also 

estimate that it will take about 360 

work-hours per product to comply with 

the basic requirements of this AD. The 

average labor rate is $85 per work-hour. 


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