Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54673 

2.301 also issued under 5 U.S.C. 554. 

Sections 2.343, 2.346, 2.712 also issued 

under 5 U.S.C. 557. Section 2.340 also issued 

under secs. 135, 141, Public Law 97–425, 96 

Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 

Section 2.390 also issued under sec. 103, 68 

Stat. 936, as amended (42 U.S.C. 2133) and 

5 U.S.C. 552. Sections 2.800 and 2.808 also 

issued under 5 U.S.C. 553. Section 2.809 also 

issued under 5 U.S.C. 553, and sec. 29, 

Public Law 85–256, 71 Stat. 579, as amended 

(42 U.S.C. 2039). Subpart K also issued under 

sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 

134, Public Law 97–425, 96 Stat. 2230 (42 

U.S.C. 10154). 

Subpart L also issued under sec. 189, 68 

Stat. 955 (42 U.S.C. 2239). Subpart M also 

issued under sec. 184 (42 U.S.C. 2234) and 

sec. 189, 68 Stat. 955 (42 U.S.C. 2239). 

Appendix A also issued under sec. 6, Public 

Law 91–550, 84 Stat. 1473 (42 U.S.C. 2135). 

■ 2. In § 2.205, paragraph (j) is revised 

to read as follows: 

§ 2.205 Civil penalties. 

* * * * * 

(j) Amount. A civil monetary penalty 

imposed under section 234 of the 

Atomic Energy Act of 1954, as amended, 

or any other statute within the 

jurisdiction of the Commission that 

provides for the imposition of a civil 

penalty in an amount equal to the 

amount set forth in Section 234, may 

not exceed $140,000 for each violation. 

If any violation is a continuing one, 

each day of such violation shall 

constitute a separate violation for the 

purposes of computing the applicable 

civil penalty. 

PART 13—PROGRAM FRAUD CIVIL 

REMEDIES 

■ 3. The authority citation for part 13 

continues to read as follows: 

Authority: Public Law 99–509, sec. 6101– 

6104, 100 Stat. 1874 (31 U.S.C. 3801–3812); 

sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 

note). Sections 13.13(a) and (b) also issued 

under section Public Law 101–410, 104 Stat. 

890, as amended by section 31001(s), Public 

Law 104–134, 110 Stat. 1321–373 (28 U.S.C. 

2461 note). 

■ 4. In § 13.3, paragraphs (a)(1)(iv) and 

(b)(1)(ii) are revised to read as follows: 

§ 13.3 Basis for civil penalties and 

assessments. 

(a) * * * 

(1) * * * 

(iv) Is for payment for the provision 

of property or services which the person 

has not provided as claimed, shall be 

subject, in addition to any other remedy 

that may be prescribed by law, to a civil 

penalty of not more than $7,000 for each 

such claim. 

* * * * * 

(b) * * * 

(1) * * * 

(ii) Contains or is accompanied by an 

express certification or affirmation of 

the truthfulness and accuracy of the 

contents of the statement, shall be 

subject, in addition to any other remedy 

that may be prescribed by law, to a civil 

penalty of not more than $7,000 for each 

such statement. 

* * * * * 

Dated at Rockville, Maryland, this 4th day 

of September 2008. 

For the Nuclear Regulatory Commission. 

Bruce S. Mallett, 

Acting Executive Director for Operations. 

[FR Doc. E8–22172 Filed 9–22–08; 8:45 am] 

BILLING CODE 7590–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1231 

RIN 2590–AA08 

Golden Parachute Payments 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Correcting amendments. 

SUMMARY: The Federal Housing Finance 

Agency has determined, insofar as it 

relates to indemnification payments, to 

rescind that portion of the Interim Final 

Rule, published in the Federal Register 

on September 16, 2008 (73 FR 53356). 

That portion of the rule will be subject 

to a separate rulemaking, which will be 

published for public comment in the 

near term. Insofar as the Interim Final 

Rule addresses factors related to golden 

parachute payments, that portion of the 

rule remains effective and available for 

comment. This document corrects 

specific provisions in the rule referring 

to indemnification payments. 

DATES: Effective Date: September 23, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Alfred M. Pollard, General Counsel 

(OFHEO), telephone (202) 414–3788; or 

Christopher Curtis, General Counsel 

(FHFB), telephone (202) 408–2802 (not 

toll-free numbers), Federal Housing 

Finance Agency, Fourth Floor, 1700 G 

Street, NW., Washington, DC 20552. The 

telephone number for the 

Telecommunications Device for the Deaf 

is (800) 877–8339. 

Need for Correction 

As published on September 16, 2008, 

and on September 19, 2008, the interim 

final regulation contained clerical and 

other errors, which these amendments 

correct. 

List of Subjects in 12 CFR Part 1231 

Golden parachutes, Governmentsponsored enterprises. 

■ Accordingly, part 1231 of Title 12 

CFR Chapter XII is corrected by making 

the following correcting amendments: 

PART 1231—GOLDEN PARACHUTE 

PAYMENTS 

■ 1. The authority citation for part 1231 

continues to read as follows: 

Authority: 12 U.S.C. 4518(e). 

■ 2. Section 1231.1 is revised to read as 

follows: 

§ 1231.1 Purpose. 

The purpose of this part is to 

implement section 1318(e) of the Act by 

setting forth the standards that the 

Director will take into consideration in 

determining whether to limit or prohibit 

golden parachute payments to entityaffiliated parties. 

■ 3. Section 1231.5 is amended by 

revising the introductory text and 

paragraph (f) to read as follows: 

§ 1231.5 Factors to be taken into account. 

In determining whether to prohibit or 

limit any golden parachute payment, the 

Director shall consider the following 

factors— 

* * * * * 

(f) Any other factor the Director 

determines relevant to the facts and 

circumstances surrounding the golden 

parachute payment, including but not 

limited to negligence, gross negligence, 

neglect, willful misconduct, breach of 

fiduciary duty, and malfeasance on the 

part of an entity-affiliated party. 

Dated: September 18, 2008. 

James B. Lockhart III, 

Director, Federal Housing Finance Agency. 

[FR Doc. E8–22260 Filed 9–19–08; 11:15 am] 

BILLING CODE 8070–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 123 

RIN 3245–AF78 

Military Reservist Economic Injury 

Disaster Loans 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Direct final rule. 

SUMMARY: SBA makes economic injury 

disaster loans to small businesses that 

have been adversely affected by specific 

events. If a small business has an 

essential employee or owner who is a 

member of a reserve component of the 


jlentini on PROD1PC65 with RULES
54674 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

Armed Forces, the Small Business Act 

authorizes SBA to provide Military 

Reservist Economic Injury Disaster Loan 

(MREIDL) assistance in the event that 

the essential employee or owner is 

called to active duty during a period of 

military conflict. Recent legislation 

authorized changes to make the program 

more accessible to affected small 

businesses by extending the application 

period, increasing the unsecured loan 

threshold, increasing the maximum loan 

limit and expediting processing of the 

application. This Direct Final Rule will 

implement these legislative changes. 

DATES: This rule is effective on October 

28, 2008 without further action, unless 

SBA receives a significant adverse 

comment by October 23, 2008. If SBA 

receives any significant adverse 

comments, the Agency will publish a 

timely withdrawal of the subject portion 

of this rule in the Federal Register. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AF78, by any of 

the following methods: (1) Federal 

Rulemaking Portal: http:// 

www.regulations.gov, following the 

specific instructions for submitting 

comments; (2) Fax (202) 481–2226; or email: Herbert.Mitchell@sba.gov; or (3) 

Mail/Hand Delivery/Courier: Herbert L. 

Mitchell, Associate Administrator for 

Disaster Assistance, 409 3rd Street, SW., 

Washington, DC 20416. 

FOR FURTHER INFORMATION CONTACT: 

Roger B. Garland, Office of Disaster 

Assistance, 202–205–6734 or 

Roger.Garland@sba.gov. 

SUPPLEMENTARY INFORMATION: SBA is 

amending Part 123 of Title 13 of the 

CFR to reflect the recent changes to the 

Small Business Act (Act) contained in 

Public Law 110–186, enacted on 

February 14, 2008 (Legislation), which 

broaden SBA’s authority to make 

MREIDL assistance to otherwise eligible 

small businesses, and also Public Law 

110–234, enacted on May 22, 2008, 

which increases the maximum MREIDL 

limit from $1.5 million to $2.0 million. 

SBA’s MREIDL financing is available 

to small businesses that have suffered 

substantial economic injury as a result 

of a declared disaster, or the call-up to 

active duty of an essential employee as 

a result of military conflict. A business 

incurs substantial economic injury if it 

is unable to meet its obligations as they 

mature or it is unable to pay its ordinary 

and necessary operating expenses. 

Neither loss of anticipated profits nor a 

drop in sales is considered to be 

substantial economic injury for MREIDL 

purposes. 

To reflect changes made by the 

Legislation, SBA is adding a new second 

sentence in the introductory text of 

section 123.11 to reflect that for 

purposes of MREIDL, as described in 

section 123.513, SBA will generally not 

require that the business pledge 

collateral to secure a loan of $50,000 or 

less. 

To reflect changes made by the 

Legislation, SBA is changing section 

123.503 to reflect that a small business 

can apply for a MREIDL before the 

essential employee receives call-up 

orders. The business may apply from 

the date the essential employee receives 

a notice of expected call-up and ending 

one year (an increase from 90 days) after 

the employee is discharged or released 

from active duty. In addition, the 

section is amended to show that the 

Associate Administrator for Disaster 

Assistance (or designee) (AA/DA) may 

extend the one year limit for no more 

then one additional year after finding 

extraordinary or unforeseeable 

circumstances. 

To reflect changes made by the 

Legislation, section 123.504(a) is 

amended to reflect that a MREIDL 

application shall include the essential 

employee’s notice of expected call-up or 

official call-up orders. 

To reflect changes made by the 

Legislation, section 123.511 is amended 

to add a sentence stating that funds will 

only be disbursed after the essential 

employee has been called to active duty. 

SBA is adding a new section 123.513 

to reflect the statutory change which 

provides that SBA will not generally 

require the business to pledge collateral 

to secure a MREIDL of $50,000 or less. 

For loans larger than $50,000, the 

business will be required to provide 

available collateral. The new section 

makes clear that SBA will not decline a 

loan if the business lacks a particular 

amount of collateral so long as SBA is 

reasonably sure that the business can 

repay the loan. 

In addition, Public Law 110–234, 

effective May 22, 2008, increased the 

SBA MREIDL limit from $1.5 million to 

$2 million. SBA is amending sections 

123.506 and 123.507 to reflect this 

statutory change. 

SBA is also making a technical 

correction in section 123.3. There are 

five ways in which disaster declarations 

are made, and these are described in 

section 123.3. However, the first 

sentence of that section refers to four 

ways. SBA is correcting the first 

sentence in section 123.3 to state that 

there are five ways in which disaster 

declarations are made. 

Consideration of Comments 

This is a direct final rule and SBA 

will review all comments. SBA believes 

that this rule is routine and noncontroversial since it implements 

changes required by statute, and SBA 

anticipates no significant adverse 

comments to this rulemaking. If SBA 

receives any significant adverse 

comments, it will publish a timely 

withdrawal of this direct final rule. 

Compliance With Executive Orders 

12866, 12988, 13132 and the Regulatory 

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

the Paperwork Reduction Act (44 

U.S.C. Ch. 35) 

The Office of Management and Budget 

(OMB) has determined that this rule 

does not constitute a significant 

regulatory action under Executive Order 

12866. 

This action meets applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

retroactive or preemptive effect. 

The final rule will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, for the 

purposes of Executive Order 13132, 

Federalism, SBA determines that this 

final rule has no federalism implications 

warranting preparation of a federalism 

assessment. 

SBA has determined that this final 

rule does not impose additional 

reporting or recordkeeping requirements 

under the Paperwork Reduction Act, 44 

U.S.C., Chapter 35. 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, requires administrative 

agencies to consider the effect of their 

actions on small entities, including 

small businesses. Pursuant to the RFA, 

when an agency issues a rule, the 

agency must prepare an analysis to 

determine whether the impact of the 

rule will have a significant economic 

impact on a substantial number of small 

entities. However, the RFA requires 

analysis of a rule only where notice and 

comment rulemaking are required. 

Rules are exempt from Administrative 

Procedure Act (APA) notice and 

comment requirements and therefore 

from the RFA requirements when the 

agency for good cause finds (and 

incorporates the finding and brief 

statement of reasons in the rules issued) 

that notice and public procedure 

thereon is impracticable, unnecessary, 

or contrary to the public interest. In this 

case it would be impracticable given the 

emergency nature of the recent 

legislation authorizing the new 

requirements. 


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Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54675 

List of Subjects in 13 CFR Part 123 

Disaster assistance, Loan programs— 

business, Reporting and recordkeeping 

requirements, Small businesses. 

■ For the reasons set forth in the 

preamble, the Small Business 

Administration amends 13 CFR part 123 

as follows: 

PART 123—DISASTER LOAN 

PROGRAM 

■ 1. The authority citation for part 123 

is revised to read as follows: 

Authority: 15 U.S.C. 634(b)(6), 636(b), 636 

(c); Pub. L. 102–395, 106 Stat. 1828, 1864; 

and Pub. L. 103–75, 107 Stat. 739; and Pub. 

L. 106–50, 113 Stat. 245; and Pub. L. 110– 

186. 

■ 2. Amend § 123.3(a) by revising the 

first sentence to read as follows: 

§ 123.3 How are disaster declarations 

made? 

(a) There are five ways in which 

disaster declarations are issued which 

make SBA disaster loans possible: 

* * * * * 

■ 3. Revise § 123.11, introductory text, 

to read as follows: 

§ 123.11 Does SBA require collateral for 

any of its disaster loans? 

Generally, SBA will not require that 

you pledge collateral to secure a disaster 

home loan or a physical disaster 

business loan of $10,000 or less, or an 

economic injury disaster loan of $5,000 

or less. However, for the purposes of the 

Military Reservist EIDL only, as 

described in section 123.513, SBA will 

not generally require that you pledge 

collateral to secure a loan of $50,000 or 

less. For loans larger than these 

amounts, you will be required to 

provide available collateral such as a 

lien on the damaged or replacement 

property, a security interest in personal 

property, or both. 

* * * * * 

■ 4. Revise the heading of § 123.501 to 

read as follows: 

§ 123.501 Under what circumstances is 

your business eligible to be considered for 

a Military Reservist Economic Injury 

Disaster Loan? 

* * * * * 

■ 5. Revise the heading of § 123.502 to 

read as follows: 

§ 123.502 Under what circumstances is 

your business ineligible to be considered 

for a Military Reservist Economic Injury 

Disaster Loan? 

* * * * * 

■ 6. Revise § 123.503 to read as follows: 

§ 123.503 When can you apply for a 

Military Reservist EIDL? 

Your small business can apply for a 

Military Reservist EIDL any time 

beginning on the date your essential 

employee receives notice of expected 

call-up and ending one year after the 

date the essential employee is 

discharged or released from active duty. 

The Associate Administrator for 

Disaster Assistance (AA/DA) or 

designee may extend the one year limit 

by no more then one additional year 

after finding extraordinary or 

unforeseeable circumstances. 

* * * * * 

■ 7. Revise § 123.504(a) to read as 

follows: 

§ 123.504 How do you apply for a Military 

Reservist EIDL? 

* * * * * 

(a) A copy of the essential employee’s 

official call-up orders for active duty 

showing the date of call-up, and, if 

known, the date of release from active 

duty. For an essential employee who 

expects to be called up and who has not 

received official call-up orders, the 

application shall include the notice of 

the expected call-up including, if 

known, the expected date of call-up and 

expected date of release from active 

duty; 

* * * * * 

■ 8. Revise § 123.506 to read as follows: 

§ 123.506 How much can you borrow 

under the Military Reservist EIDL Program? 

You can borrow an amount equal to 

the substantial economic injury you 

have suffered or are likely to suffer until 

normal operations resume as a result of 

the absence of one or more essential 

employees called to active duty, up to 

a maximum of $2 million. 

■ 9. Revise the heading of § 123.507, the 

introductory text and paragraph (b) to 

read as follows: 

§ 123.507 Under what circumstances will 

SBA consider waiving the $2 million loan 

limit? 

SBA will consider waiving the $2 

million dollar limit if you can certify to 

the following conditions and SBA 

approves of such certification based on 

the information supplied in your 

application: 

* * * * * 

(b) Your small business is in 

imminent danger of going out of 

business as a result of one or more 

essential employees being called up to 

active duty during a period of military 

conflict, and a loan in excess of $2 

million is necessary to reopen or keep 

open the small business; and 

* * * * * 

■ 10. Revise § 123.511 to read as 

follows: 

§ 123.511 How will SBA disburse Military 

Reservist EIDL funds? 

Funds will be disbursed only after the 

essential employee has been called to 

active duty, and you have provided a 

copy of the essential employee’s official 

call-up orders for active duty showing 

the date of the call-up. SBA will 

disburse your funds in quarterly 

installments (unless otherwise specified 

in your loan authorization agreement) 

based on a continued need as 

demonstrated by comparative financial 

information. On or about 30 days before 

your scheduled fund disbursement, SBA 

will request ordinary and usual 

financial statements (including balance 

sheets and profit and loss statements). 

Based on this information, SBA will 

assess your continued need for 

disbursements under this program. 

Upon making such assessment, SBA 

will notify you of the status of future 

disbursements. 

■ 11. Add § 123.513 to read as follows: 

§ 123.513 Does SBA require collateral on 

its Military Reservist EIDL? 

SBA will not generally require you to 

pledge collateral to secure a Military 

Reservist EIDL of $50,000 or less. For 

loans larger than $50,000, you will be 

required to provide available collateral 

such as a lien on business property, a 

security interest in personal property, or 

both. SBA will not decline a loan if you 

do not have a particular amount of 

collateral so long as SBA is reasonably 

sure that you can repay the loan. If you 

refuse to pledge the available collateral 

when requested by SBA, however, SBA 

may decline or cancel your loan. 

Sandy K. Baruah, 

Acting Administrator. 

[FR Doc. E8–21995 Filed 9–22–08; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE287, Special Conditions No. 

23–227–SC] 

Special Conditions; Honda Aircraft 

Company, Model HA–420 HondaJet 

Airplane; Fire Extinguishing 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: This notice issues special 

conditions for the Honda Aircraft 


jlentini on PROD1PC65 with RULES