Federal Acquisition Regulation; Submission for OMB Review; Prospective Subcontractor Requests for Bonds, 62540-62541 [2010-25649]
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62540
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
English.8 Staff therefore projects that
approximately 6.5 percent of used car
sales will be conducted in Spanish.
Dealers will incur the additional burden
of completing and displaying a second
Buyers Guide in 6.5 percent of sales
assuming that dealers choose to comply
with the Rule by posting both English
and Spanish Buyers Guides. The annual
burden hours associated with
completing and posting Buyers Guides
is 1,737,638 hours (1,022,140 hours for
entering data on Buyers Guides plus
715,498 hours for displaying Buyers
Guides). Therefore, staff estimates that
the additional burden caused by the
Rule’s requirement that dealers display
Spanish language Buyers Guides when
conducting sales in Spanish is 112,947
hours (1,737,638 hours × 6.5%). The
other components of the annual hours
burden, i.e., purchasing Buyers Guides
and revising them for changes in
warranty coverage, remain unchanged.
Estimated annual cost burden:
$26,301,525 in labor costs and
$4,906,275 in non-labor costs
1. Labor costs: Labor costs are derived
by applying appropriate hourly cost
figures to the burden hours described
above. Staff has determined that all of
the tasks associated with ordering
forms, entering data on Buyers Guides,
posting Buyers Guides on vehicles, and
revising them as needed, including the
corresponding tasks associated with
Spanish Buyers Guides, are typically
done by clerical or low-level
administrative personnel. Using a
clerical cost rate of $13.32 per hour 9
and an estimated burden of 1,974,589
hours for disclosure requirements, the
total labor cost burden would be
approximately $26,301,525.
2. Capital or other non-labor costs:
Although the cost of Buyers Guides can
vary considerably, based on industry
input staff estimates that the average
cost of each Buyers Guide is twenty
cents. The estimated cost of Buyers
Guides for the 24,531,374 used cars sold
by dealers in 2009 is approximately
$4,906,275. In making this estimate,
staff conservatively assumes that all
8 U.S. Census Bureau, Table S1601. Language
Spoken at Home. 2008 American Community
Survey 1-Year Estimates, available at: https://
factfinder.census.gov/servlet/STTable?_bm=y&qr_name=ACS_2008_1YR_G00_S1601&geo_id=01000US&ds_name=ACS_2008_1YR_G00_&-_lang=en&redoLog=false&-CONTEXT=st. The table indicates
that 12.2% of the United States population 5 years
or older speaks Spanish or Spanish Creole in the
home and 46.7% of these in-home Spanish speakers
speak English less than ‘‘very well.’’
9 The hourly rate is based on Bureau of Labor
Statistics estimate of the mean hourly wage for
office clerks, general, No. 43–9061. Occupational
Employment and Wages, May 2009, available at
https://www.bls.gov/oes/current/oes439061.htm#nat.
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17:43 Oct 08, 2010
Jkt 223001
dealers will purchase preprinted forms
instead of producing them internally,
although dealers may produce them at
minimal expense using current office
automation technology. Capital and
start-up costs associated with the Rule
are minimal.
Christian S. White,
Acting General Counsel.
[FR Doc. 2010–25476 Filed 10–8–10; 8:45 am]
BILLING CODE 6750–01–P
OFFICE OF GOVERNMENT ETHICS
Updated OGE Senior Executive Service
Performance Review Board
AGENCY:
BILLING CODE 6345–03–P
DEPARTMENT OF DEFENSE
Notice.
Notice is hereby given of the
appointment of members of the updated
OGE Senior Executive Service (SES)
Performance Review Board.
DATES: Effective Date: October 12, 2010.
FOR FURTHER INFORMATION CONTACT: Don
W. Fox, General Counsel, Office of
Government Ethics, Suite 500, 1201
New York Avenue, NW., Washington,
DC 20005–3917; Telephone: 202–482–
9300; TTY: 800–877–8339; FAX: 202–
482–9237.
SUPPLEMENTARY INFORMATION: 5 U.S.C.
4314(c) requires each agency to
establish, in accordance with
regulations prescribed by the Office of
Personnel Management at 5 CFR part
430, subpart C and § 430.310 thereof in
particular, one or more Senior Executive
Service performance review boards. As
a small executive branch agency, OGE
has just one board. In order to ensure an
adequate level of staffing and to avoid
a constant series of recusals, the
designated members of OGE’s SES
Performance Review Board are being
drawn, as in the past, in large measure
from the ranks of other agencies. The
board shall review and evaluate the
initial appraisal of each OGE senior
executive’s performance by his or her
supervisor, along with any
recommendations in each instance to
the appointing authority relative to the
performance of the senior executive.
This notice updates the membership of
OGE’s SES Performance Review Board
as it was most recently published at 73
FR 53250–53251 (September 15, 2008).
SUMMARY:
Approved: October 5, 2010.
Robert I. Cusick,
Director, Office of Government Ethics.
The following officials have been
appointed as regular members of the
PO 00000
[FR Doc. 2010–25580 Filed 10–8–10; 8:45 am]
Office of Government Ethics
(OGE).
ACTION:
SES Performance Review Board of the
Office of Government Ethics:
Don W. Fox [Chair], General Counsel,
Office of Government Ethics;
Daniel L. Koffsky, Special Counsel,
Office of Legal Counsel, Department
of Justice;
David Maggi, Chief, Ethics Law and
Program Division, Office of the
Assistant General Counsel for
Administration, Department of
Commerce; and
Robert A. Shapiro, Associate Solicitor
for Legal Counsel, Department of
Labor.
Frm 00043
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GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0135; Docket 2010–
0083; Sequence 23]
Federal Acquisition Regulation;
Submission for OMB Review;
Prospective Subcontractor Requests
for Bonds
Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding an extension to an
existing OMB clearance.
AGENCY:
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the Regulatory
Secretariat will be submitting to the
Office of Management and Budget
(OMB) a request to review and approve
an extension of a previously approved
information collection concerning
subcontractor requests for bonds. A
notice published in the Federal Register
at 75 FR 28808 on May 24, 2010 and one
comment was received.
Public comments are particularly
invited on: Whether this collection of
information is necessary for the proper
performance of functions of the FAR,
and whether it will have practical
utility; whether our estimate of the
public burden of this collection of
information is accurate, and based on
valid assumptions and methodology;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways in which we can
minimize the burden of the collection of
information on those who are to
SUMMARY:
E:\FR\FM\12OCN1.SGM
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Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before
November 12, 2010.
ADDRESSES: Submit comments
identified by Information Collection
9000–0135 by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting
‘‘Information Collection 9000–0135’’
under the heading ‘‘Enter Keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘Information
Collection 9000–0135.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and
‘‘Information Collection 9000–0135’’ on
your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street, NW., Room
4041, Washington, DC 20405. Attn:
Hada Flowers/IC 9000–0135.
Instructions: Please submit comments
only and cite Information Collection
9000–0135, in all correspondence
related to this collection. All comments
received will be posted without change
to https://www.regulations.gov, including
any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT:
Ms. Cecelia L. Davis, Procurement
Analyst, Acquisition Policy Division,
GSA (202) 219–0202 or e-mail
Cecelia.davis@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
Part 28 of the FAR contains guidance
related to obtaining financial protection
against damages under Government
contracts (e.g., use of bonds, bid
guarantees, insurance etc.). Part 52
contains the texts of solicitation
provisions and contract clauses. These
regulations implement a statutory
requirement for information to be
provided by Federal contractors relating
to payment bonds furnished under
construction contracts which are subject
to the Miller Act (40 U.S.C. 270a–270d).
This collection requirement is mandated
by Section 806 of the National Defense
Authorization Act for Fiscal Years 1992
and 1993 (Pub. L. 102–190), as amended
by Section 2091 of the Federal
Acquisition Streamlining Act of 1994
(Pub. L. 103–335). The clause at 52.228–
12, Prospective Subcontractor Requests
for Bonds, implements Section 806(a)(3)
VerDate Mar<15>2010
17:43 Oct 08, 2010
Jkt 223001
of Public Law 102–190, as amended,
which specifies that, upon the request of
a prospective subcontractor or supplier
offering to furnish labor or material for
the performance of a construction
contract for which a payment bond has
been furnished to the United States
pursuant to the Miller Act, the
contractor shall promptly provide a
copy of such payment bond to the
requestor.
In conjunction with performance
bonds, payment bonds are used in
Government construction contracts to
secure fulfillment of the contractor’s
obligations under the contract and to
assure that the contractor makes all
payments, as required by law, to
persons furnishing labor or material in
performance of the contract. This
regulation provides prospective
subcontractors and suppliers a copy of
the payment bond furnished by the
contractor to the Government for the
performance of a Federal construction
contract subject to the Miller Act. It is
expected that prospective
subcontractors and suppliers will use
this information to determine whether
to contract with that particular prime
contractor. This information has been
and will continue to be available from
the Government. The requirement for
contractors to provide a copy of the
payment bond upon request to any
prospective subcontractor or supplier
under the Federal construction contract
is contained in Section 806(a)(3) of
Public Law 102–190, as amended by
Sections 2091 and 8105 of Public Law
103–355.
One comment was received. The
commenter expressed support for
extending this information collection.
The commenter had some concern
because subcontractors are not receiving
payment bonds from the prime
contractor upon request. The Miller Act
allows subcontractors to request a copy
of the payment bond from the prime
contractor. In addition, FAR 28.106–6(d)
requires the contracting officer to
provide a copy of the payment bond to
subcontractors upon request. The
commenter recommended that the
Government consider creating an online
system for prospective subcontractors
and suppliers to view and print copies
of the payment bond. At this time, the
online system is deemed unnecessary
because there are other alternatives
currently in place to receive this
information. As stated earlier, the FAR
currently requires the contracting officer
to provide to the subcontractor a copy
of the payment bond upon request as
stated in FAR 28.106(d). The
Government is unaware of problems
resulting from this option.
PO 00000
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62541
B. Annual Reporting Burden
Respondents: 12,698.
Responses per Respondent: 5.
Total Responses: 63,490.
Hours per Response: .25.
Total Burden Hours: 15,872.50.
Obtaining Copies of Proposals:
Requesters may obtain a copy of the
information collection documents from
the General Services Administration,
Regulatory Secretariat (MVCB), 1800 F
Street, NW., Room 4041, Washington,
DC 20405, telephone (202) 501–4755.
Please cite OMB Control Number 9000–
0135, Prospective Subcontractor
Requests for Bonds, in all
correspondence.
Dated: October 6, 2010.
Edward C. Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010–25649 Filed 10–8–10; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
[Document Identifier: OS–0990–New; 30Day Notice]
Agency Information Collection
Request. 30-Day Public Comment
Request
Office of the Secretary, HHS.
In compliance with the requirement
of section 3506(c)(2)(A) of the
Paperwork Reduction Act of 1995, the
Office of the Secretary (OS), Department
of Health and Human Services, is
publishing the following summary of a
proposed collection for public
comment. Interested persons are invited
to send comments regarding this burden
estimate or any other aspect of this
collection of information, including any
of the following subjects: (1) The
necessity and utility of the proposed
information collection for the proper
performance of the agency’s functions;
(2) the accuracy of the estimated
burden; (3) ways to enhance the quality,
utility, and clarity of the information to
be collected; and (4) the use of
automated collection techniques or
other forms of information technology to
minimize the information collection
burden.
To obtain copies of the supporting
statement and any related forms for the
proposed paperwork collections
referenced above, e-mail your request,
including your address, phone number,
OMB number, and OS document
identifier, to
Sherette.funncoleman@hhs.gov, or call
the Reports Clearance Office on (202)
690–5683. Send written comments and
AGENCY:
E:\FR\FM\12OCN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Notices]
[Pages 62540-62541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25649]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[OMB Control No. 9000-0135; Docket 2010-0083; Sequence 23]
Federal Acquisition Regulation; Submission for OMB Review;
Prospective Subcontractor Requests for Bonds
AGENCY: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Notice of request for public comments regarding an extension to
an existing OMB clearance.
-----------------------------------------------------------------------
SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995
(44 U.S.C. Chapter 35), the Regulatory Secretariat will be submitting
to the Office of Management and Budget (OMB) a request to review and
approve an extension of a previously approved information collection
concerning subcontractor requests for bonds. A notice published in the
Federal Register at 75 FR 28808 on May 24, 2010 and one comment was
received.
Public comments are particularly invited on: Whether this
collection of information is necessary for the proper performance of
functions of the FAR, and whether it will have practical utility;
whether our estimate of the public burden of this collection of
information is accurate, and based on valid assumptions and
methodology; ways to enhance the quality, utility, and clarity of the
information to be collected; and ways in which we can minimize the
burden of the collection of information on those who are to
[[Page 62541]]
respond, through the use of appropriate technological collection
techniques or other forms of information technology.
DATES: Submit comments on or before November 12, 2010.
ADDRESSES: Submit comments identified by Information Collection 9000-
0135 by any of the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``Information Collection 9000-0135'' under the heading ``Enter Keyword
or ID'' and selecting ``Search.'' Select the link ``Submit a Comment''
that corresponds with ``Information Collection 9000-0135.'' Follow the
instructions provided at the ``Submit a Comment'' screen. Please
include your name, company name (if any), and ``Information Collection
9000-0135'' on your attached document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (MVCB), 1800 F Street, NW., Room 4041, Washington, DC
20405. Attn: Hada Flowers/IC 9000-0135.
Instructions: Please submit comments only and cite Information
Collection 9000-0135, in all correspondence related to this collection.
All comments received will be posted without change to https://www.regulations.gov, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement
Analyst, Acquisition Policy Division, GSA (202) 219-0202 or e-mail
Cecelia.davis@gsa.gov.
SUPPLEMENTARY INFORMATION:
A. Purpose
Part 28 of the FAR contains guidance related to obtaining financial
protection against damages under Government contracts (e.g., use of
bonds, bid guarantees, insurance etc.). Part 52 contains the texts of
solicitation provisions and contract clauses. These regulations
implement a statutory requirement for information to be provided by
Federal contractors relating to payment bonds furnished under
construction contracts which are subject to the Miller Act (40 U.S.C.
270a-270d). This collection requirement is mandated by Section 806 of
the National Defense Authorization Act for Fiscal Years 1992 and 1993
(Pub. L. 102-190), as amended by Section 2091 of the Federal
Acquisition Streamlining Act of 1994 (Pub. L. 103-335). The clause at
52.228-12, Prospective Subcontractor Requests for Bonds, implements
Section 806(a)(3) of Public Law 102-190, as amended, which specifies
that, upon the request of a prospective subcontractor or supplier
offering to furnish labor or material for the performance of a
construction contract for which a payment bond has been furnished to
the United States pursuant to the Miller Act, the contractor shall
promptly provide a copy of such payment bond to the requestor.
In conjunction with performance bonds, payment bonds are used in
Government construction contracts to secure fulfillment of the
contractor's obligations under the contract and to assure that the
contractor makes all payments, as required by law, to persons
furnishing labor or material in performance of the contract. This
regulation provides prospective subcontractors and suppliers a copy of
the payment bond furnished by the contractor to the Government for the
performance of a Federal construction contract subject to the Miller
Act. It is expected that prospective subcontractors and suppliers will
use this information to determine whether to contract with that
particular prime contractor. This information has been and will
continue to be available from the Government. The requirement for
contractors to provide a copy of the payment bond upon request to any
prospective subcontractor or supplier under the Federal construction
contract is contained in Section 806(a)(3) of Public Law 102-190, as
amended by Sections 2091 and 8105 of Public Law 103-355.
One comment was received. The commenter expressed support for
extending this information collection. The commenter had some concern
because subcontractors are not receiving payment bonds from the prime
contractor upon request. The Miller Act allows subcontractors to
request a copy of the payment bond from the prime contractor. In
addition, FAR 28.106-6(d) requires the contracting officer to provide a
copy of the payment bond to subcontractors upon request. The commenter
recommended that the Government consider creating an online system for
prospective subcontractors and suppliers to view and print copies of
the payment bond. At this time, the online system is deemed unnecessary
because there are other alternatives currently in place to receive this
information. As stated earlier, the FAR currently requires the
contracting officer to provide to the subcontractor a copy of the
payment bond upon request as stated in FAR 28.106(d). The Government is
unaware of problems resulting from this option.
B. Annual Reporting Burden
Respondents: 12,698.
Responses per Respondent: 5.
Total Responses: 63,490.
Hours per Response: .25.
Total Burden Hours: 15,872.50.
Obtaining Copies of Proposals: Requesters may obtain a copy of the
information collection documents from the General Services
Administration, Regulatory Secretariat (MVCB), 1800 F Street, NW., Room
4041, Washington, DC 20405, telephone (202) 501-4755. Please cite OMB
Control Number 9000-0135, Prospective Subcontractor Requests for Bonds,
in all correspondence.
Dated: October 6, 2010.
Edward C. Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010-25649 Filed 10-8-10; 8:45 am]
BILLING CODE 6820-EP-P
