OMB Control Number: 1910-5134 was submitted to OMB at the proposed rule stage for the DOE Loan Guarantee Program. The terms of clearance for this ICR indicated that OMB was withholding approval of the package until the final rule was submitted and that the ICR package should be revised to reflect the change in burden. Emergency approval is not warranted.
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The Energy Policy Act of 2005 (EPACT 2005 or Act) established a Federal loan guarantee program (LGP or Program) for eligible energy projects that employed innovative technologies (LGP or Program). Title XVII of EPACT 2005 authorizes the Secretary of Energy (Secretary) to make loan guarantees for projects that Âavoid, reduce, or sequester air pollutants or anthropogenic emissions of greenhouse gases; and employs new or significantly improved technologies as compared to commercial technologies in service in the United States at the time the guarantee is issued. As stipulated in the Act, loan guarantees issued by the Department of Energy (DOE) under Title XVII shall be based upon a determination that there is a Âreasonable prospect of repayment by the Borrower of the Guaranteed Obligations. Accordingly, DOEÂs Loan Guarantee Program Office (LGPO) has established an application process that will require Applicants to the Program (Applicants) to submit project information in sufficient detail as to allow the LGPO to undertake a thorough analysis of the projectÂs ability to repay the Guaranteed Obligations, meet policy goals established by the Act and the implementing regulations (10 C.F.R. Part 609) and meet the ProgramÂs loan underwriting criteria.
In accordance with 5 CFR 1320, Section 1320.13, The Department of Energy requests emergency processing of the submission of a collection of information for the ÂU. S. Department of Energy Loan Guarantee for Projects that Employ Innovative Technologies application form. The collection of information associated with the application form is needed prior to the expiration of the time periods established under 5 CFR 1320 and is essential to the mission of the Department in support of its Loan Guarantee Program. The Loan Guarantee Program is authorized by Title XVII of the Energy Policy Act of 2005 (EPAct 2005), Public Law 109-58 (22 USC 16511, et seq.) The Department met with potential pre-applicants in order to assist them in the identification of the additional financial, legal, and technical information that will be required for the submission of full applications consistent with established business lending practices. Financial backing for several of the related projects is time sensitive and dependent upon the successful prosecution of a loan guarantee application at DOE and the prompt issuance of a loan guarantee agreement. Under these circumstances, the Department cannot reasonably comply with the normal clearance procedures under 5 CFR 1320 because it would delay the collection of essential information.
The Department requests OMB to approve the collection of information by January 18, 2008. The Department also requests OMB to waive the Federal Register Notice because of the time constraints described above. In meeting with potential pre-applicants, the Department has taken all practicable steps to consult with members of the public in order to minimize the burden of the collection of information.
US Code:
42 USC 16511-16514
Name of Law: Title XVII of the Energy Policy Act of 2005
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.