Federal Acquisition Regulation; FAR Case 2006-013, List of Approved Attorneys, Abstracters, and Title Companies, 12584-12585 [07-1182]

Download as PDF 12584 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Proposed Rules asking the public to consider their previous comments in light of these studies, particularly those related to the proposed work practice standards. EPA intends to consider these studies, and public comment received as a result of this document, in the development of the final Renovation, Repair, and Painting Program rule. In particular, EPA requests comment on the proposed methods of containment, cleaning, and cleaning verification in light of the information contained in these studies. In addition, the Agency is interested in comments on whether certain practices should require additional protective measures or should be prohibited based on the study findings. Comments should be submitted to the docket for the proposed rule (EPA–HQ–OPPT–2005– 0049) and must be received on or before April 16, 2007. List of Subjects 40 CFR Part 745 Environmental protection, Infants and children, Health and safety, Housing renovation, Lead, Lead-based paint. Dated: March 12, 2007. James B. Gulliford, Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances. [FR Doc. E7–4869 Filed 3–15–07; 8:45 am] BILLING CODE 6560–50–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 28 and 52 [FAR Case 2006–013; Docket 2007–0001; Sequence 3] RIN 9000–AK71 Federal Acquisition Regulation; FAR Case 2006–013, List of Approved Attorneys, Abstracters, and Title Companies Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule with request for comments. erjones on PRODPC74 with PROPOSALS AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to update the procedures for the VerDate Aug<31>2005 15:24 Mar 15, 2007 Jkt 211001 acceptance of a bond with a security interest in real property. DATES: Interested parties should submit written comments to the FAR Secretariat on or before May 15, 2007 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR case 2006–013 by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Search for any document by first selecting the proper document types and selecting ‘‘Federal Acquisition Regulation’’ as the agency of choice. At the ‘‘Keyword’’ prompt, type in the FAR case number (for example, FAR Case 2006–001) and click on the ‘‘Submit’’ button. Please include any personal and/or business information inside the document.You may also search for any document by clicking on the ‘‘Advanced search/ document search’’tab at the top of the screen, selecting from the agency field ‘‘Federal Acquisition Regulation’’, and typing the FAR case number in the keyword field. Select the ‘‘Submit’’ button. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite FAR case 2006–013 in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Jerry Olson, Procurement Analyst, at (202) 501–3221 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAR case 2006–013. SUPPLEMENTARY INFORMATION: A. Background FAR Subpart 28.2, Sureties and other Security for Bonds, includes policies which require agencies to obtain adequate security for bonds when bonds are used with a contract for supplies or services (including construction). A corporate or individual surety is an acceptable form of security for a bond. Whenever a surety secures a bond with interest in real property, FAR 28.203–3 requires that the surety provide evidence of title in the form of a certificate of title prepared by a title insurance company that has been approved by the Department of Justice PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 (DOJ).DOJ maintained a list of the approved title companies that could prepare the certificate of title on the ‘‘List of Approved Attorneys, Abstracters, and Title Companies.’’ DOJ has revised its procedures and no longer maintains a list of approved title insurance companies. Instead, DOJ has developed a guide for the preparation of evidence of title, Title Standards 2001 (Standards). The Standards address the various types of title evidence that may be acceptable considering local practice, reliability, security, economy and other factors. The Standards also address the qualification requirements for preparers of title evidence. The FAR rule proposes to revise the types of acceptable title evidence and the qualification requirements for preparers of title evidence consistent with the Standards. The types of acceptable title evidence and the required qualifications are located in Section 2 of the Standards. In addition, FAR 28.203–3(d) requires sureties to execute a lien if a surety pledges real estate on Standard Form 28, Affidavit of Individual Surety. The lien must be recorded in the local recorder’s office. When multiple parties jointly own the real estate, the lien must be signed by each owner of the property to be valid. The FAR currently does not clearly specify that all owners of the property must sign the lien. The proposed rule clarifies that all property owners are required to sign the lien when a surety pledges real estate as collateral. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Councils do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the incidence of use of bonds secured by interest in real property is very low. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. The Councils will consider comments from small entities concerning the affected FAR Parts 28 and 52 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAR case 2006–013), in correspondence. E:\FR\FM\16MRP1.SGM 16MRP1 Federal Register / Vol. 72, No. 51 / Friday, March 16, 2007 / Proposed Rules C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. 2001 at http://www.fws.gov/realty/ dojl2001.pdf * * * . List of Subjects in 48 CFR Parts 28 and 52 Government procurement. Fish and Wildlife Service Dated: March 7, 2007 Ralph De Stefano Director, Contract Policy Division. RIN 1018–AU75 Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 28 and 52 as set forth below: 1. The authority citation for 48 CFR parts 28 and 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 28—BONDS AND INSURANCE 2. Amend section 28.203-3 by revising paragraphs (a)(1) and paragraph (d) introductory text to read as follows: 28.203–3 Acceptance of real property. (a) * * * (1) Evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standard 2001 at http:// www.fws.gov/realty/dojl2001.pdf. Depending on the value of the property, contracting officers should consider requesting assistance from the agencydesignated legal counsel to determine if the evidence of title is adequate. * * * * * (d) The following format, or any document substantially the same, shall be signed by all owners of the property and used by the surety and recorded in the local recorder‘s office when a surety pledges real estate on Standard Form 28, Affidavit of Individual Surety. * * * * * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 52.228–11 by revising the date of the clause and the first sentence in paragraph (b)(2)(i) of the clause to read as follows: Pledges of Assets. * erjones on PRODPC74 with PROPOSALS 52.228–11 * * * * PLEDGES OF ASSETS (DATE) * * * * * (b) * * * (2) * * * (i) Evidence of title that is consistent with the requirements of Section 2 of the United States Department of Justice Title Standard VerDate Aug<31>2005 15:24 Mar 15, 2007 Jkt 211001 * * * * * [FR Doc. 07–1182 Filed 3–15–07; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF THE INTERIOR 50 CFR Part 17 Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Peck’s Cave Amphipod, Comal Springs Dryopid Beetle, and Comal Springs Riffle Beetle Fish and Wildlife Service, Interior. ACTION: Proposed rule; reopening of comment period and notice of availability of draft economic analysis. AGENCY: SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the reopening of the comment period on the proposed designation of critical habitat for the Peck’s cave amphipod (Stygobromus pecki), Comal Springs dryopid beetle (Stygoparnus comalensis), and Comal Springs riffle beetle (Heterelmis comalensis) (Comal springs invertebrates, or CSI) under the Endangered Species Act of 1973, as amended (Act), and the availability of the draft economic analysis of the proposed designation of critical habitat. The draft economic analysis forecasts future impacts associated with conservation efforts in areas proposed as critical habitat to be $23.3 million over the next 20 years under scenario 1 (scenario description described in Background), or $152 million under scenario 2 in undiscounted dollars (annualized dollars are estimated at $1.2 million under scenario 1 and $7.6 million under scenario 2). Future economic impacts associated with conservation efforts in areas proposed as critical habitat at a 3 percent discount rate are estimated to be $17.1 million over the next 20 years under Scenario 1, or $111.3 million under scenario 2 (annualized dollars are estimated at $1.2 million under scenario 1 and $7.5 million under scenario 2). Future economic impacts associated with conservation efforts in areas proposed as critical habitat at a 7 percent discount rate are estimated to be $11.9 million over the next 20 years under scenario 1, or $77.3 million under scenario 2 (annualized dollars are estimated at $1.2 million under scenario 1 and $7.4 million under scenario 2). It should be PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 12585 noted that the majority of economic impacts quantified in this draft EA are jointly caused by eight endangered species, including the three CSI. Because all of these species reside in the same habitat, separating future impacts of CSI from those of the other listed species in the aquifer is not possible. DATES: We will accept public comments until April 16, 2007. ADDRESSES: If you wish to comment on the proposed rule or draft economic analysis, you may submit your comments and materials identified by RIN 1018–AU75, by any of the following methods: 1. Mail or hand delivery/courier: You may submit written comments and information to Robert T. Pine, Field Supervisor, U.S. Fish and Wildlife Service, 10711 Burnet Road, Suite 200, Austin, TX 78758. 2. Fax: You may fax your comments to (512) 490–0974. 3. Federal eRulemaking Portal: http://www.regulations.gov. Follow the directions for submitting comments. In the event that our Internet connection is not functional, please submit your comments by one of the alternate methods mentioned above. 4. E-mail: Please submit electronic comments in an ASCII file format to FW2Comal@fws.gov and avoid the use of special characters and encryption. Please include ’’Attn: RIN 1018–AU75’’ and your name and return address in your e-mail message. If you do not receive a confirmation from the system that we have received your e-mail message, please contact us directly by calling our Austin Ecological Services Field Office at (512) 490–0057. FOR FURTHER INFORMATION CONTACT: Robert T. Pine, Supervisor, Austin Ecological Services Field Office, at the address listed in ADDRESSES (telephone: (512) 490–0057; facsimile: (512) 490– 0974). Persons who use a telecommunications device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 800/877–8339, 24 hours a day, 7 days a week. SUPPLEMENTARY INFORMATION: Public Comments Solicited We intend that any final action resulting from this proposal will be as accurate and as effective as possible. Therefore, we solicit comments on the original proposed critical habitat designation (71 FR 40588; July 17, 2006) and on our draft economic analysis of the proposed designation. Copies of the draft economic analysis and the proposed rule for critical habitat designation are available on the internet at http://www.fws.gov/southwest/es/ E:\FR\FM\16MRP1.SGM 16MRP1

Agencies

[Federal Register Volume 72, Number 51 (Friday, March 16, 2007)]
[Proposed Rules]
[Pages 12584-12585]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1182]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 28 and 52

[FAR Case 2006-013; Docket 2007-0001; Sequence 3]
RIN 9000-AK71


Federal Acquisition Regulation; FAR Case 2006-013, List of 
Approved Attorneys, Abstracters, and Title Companies

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule with request for comments.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to update the procedures for the 
acceptance of a bond with a security interest in real property.

DATES: Interested parties should submit written comments to the FAR 
Secretariat on or before May 15, 2007 to be considered in the 
formulation of a final rule.

ADDRESSES: Submit comments identified by FAR case 2006-013 by any of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for any document by first selecting the proper document types 
and selecting ``Federal Acquisition Regulation'' as the agency of 
choice. At the ``Keyword'' prompt, type in the FAR case number (for 
example, FAR Case 2006-001) and click on the ``Submit'' button. Please 
include any personal and/or business information inside the 
document.You may also search for any document by clicking on the 
``Advanced search/document search''tab at the top of the screen, 
selecting from the agency field ``Federal Acquisition Regulation'', and 
typing the FAR case number in the keyword field. Select the ``Submit'' 
button.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR case 2006-
013 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Jerry Olson, Procurement Analyst, at 
(202) 501-3221 for clarification of content. For information pertaining 
to status or publication schedules, contact the FAR Secretariat at 
(202) 501-4755. Please cite FAR case 2006-013.

SUPPLEMENTARY INFORMATION:

A. Background

    FAR Subpart 28.2, Sureties and other Security for Bonds, includes 
policies which require agencies to obtain adequate security for bonds 
when bonds are used with a contract for supplies or services (including 
construction). A corporate or individual surety is an acceptable form 
of security for a bond. Whenever a surety secures a bond with interest 
in real property, FAR 28.203-3 requires that the surety provide 
evidence of title in the form of a certificate of title prepared by a 
title insurance company that has been approved by the Department of 
Justice (DOJ).DOJ maintained a list of the approved title companies 
that could prepare the certificate of title on the ``List of Approved 
Attorneys, Abstracters, and Title Companies.'' DOJ has revised its 
procedures and no longer maintains a list of approved title insurance 
companies. Instead, DOJ has developed a guide for the preparation of 
evidence of title, Title Standards 2001 (Standards). The Standards 
address the various types of title evidence that may be acceptable 
considering local practice, reliability, security, economy and other 
factors. The Standards also address the qualification requirements for 
preparers of title evidence.
    The FAR rule proposes to revise the types of acceptable title 
evidence and the qualification requirements for preparers of title 
evidence consistent with the Standards. The types of acceptable title 
evidence and the required qualifications are located in Section 2 of 
the Standards.
    In addition, FAR 28.203-3(d) requires sureties to execute a lien if 
a surety pledges real estate on Standard Form 28, Affidavit of 
Individual Surety. The lien must be recorded in the local recorder's 
office. When multiple parties jointly own the real estate, the lien 
must be signed by each owner of the property to be valid. The FAR 
currently does not clearly specify that all owners of the property must 
sign the lien. The proposed rule clarifies that all property owners are 
required to sign the lien when a surety pledges real estate as 
collateral.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the incidence of use of bonds secured by interest in real 
property is very low. An Initial Regulatory Flexibility Analysis has, 
therefore, not been performed. We invite comments from small businesses 
and other interested parties. The Councils will consider comments from 
small entities concerning the affected FAR Parts 28 and 52 in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 601, et seq. (FAR case 
2006-013), in correspondence.

[[Page 12585]]

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 28 and 52

    Government procurement.

    Dated: March 7, 2007
Ralph De Stefano
Director, Contract Policy Division.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 28 and 
52 as set forth below:
    1. The authority citation for 48 CFR parts 28 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 28--BONDS AND INSURANCE

    2. Amend section 28.203-3 by revising paragraphs (a)(1) and 
paragraph (d) introductory text to read as follows:


28.203-3  Acceptance of real property.

    (a) * * *
    (1) Evidence of title that is consistent with the requirements of 
Section 2 of the United States Department of Justice Title Standard 
2001 at http://www.fws.gov/realty/doj_2001.pdf. Depending on the value 
of the property, contracting officers should consider requesting 
assistance from the agency-designated legal counsel to determine if the 
evidence of title is adequate.
* * * * *
    (d) The following format, or any document substantially the same, 
shall be signed by all owners of the property and used by the surety 
and recorded in the local recorder`s office when a surety pledges real 
estate on Standard Form 28, Affidavit of Individual Surety.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Amend section 52.228-11 by revising the date of the clause and 
the first sentence in paragraph (b)(2)(i) of the clause to read as 
follows:


52.228-11  Pledges of Assets.

* * * * *

PLEDGES OF ASSETS (DATE)

* * * * *
    (b) * * *
    (2) * * *
    (i) Evidence of title that is consistent with the requirements 
of Section 2 of the United States Department of Justice Title 
Standard 2001 at http://www.fws.gov/realty/doj_2001.pdf * * * .
* * * * *
[FR Doc. 07-1182 Filed 3-15-07; 8:45 am]
BILLING CODE 6820-EP-S