Surety Bond Guarantee Program; Timber Sales, 63419-63420 [2010-25999]
Download as PDF
Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules
the proposed design is equal to or less
than the applicable maximum allowable
fossil fuel-generated energy
consumption value in § 435.4(e), the
proposed design complies with the
fossil fuel-generated energy
Reduction
Fiscal year
consumption reduction requirement in
multiplier
§ 435.4. If the fossil fuel-generated
2012–2014 ................................
0.45 energy consumption of the proposed
2015–2019 ................................
0.35 design is greater than the applicable
2020–2024 ................................
0.20
maximum allowable fossil fuel2025–2029 ................................
0.10
2030 and beyond ......................
0.00 generated energy consumption value in
§ 435.4(e), the building does not comply
with the fossil fuel-generated energy
(5) All building energy usage,
including estimated receptacle and plug consumption reduction requirement in
§ 435.4, and the agency must either
loads, must be included in the
modify the design until the design
calculation in Table 2 of this section.
complies with the requirement, or
(f)(1) Upon petition by an agency
request and receive approval from the
subject to this section, the Secretary
Secretary for a downward adjustment of
may adjust the applicable numeric
the requirement.
requirement in paragraph (e) of this
section with respect to a specific
[FR Doc. 2010–25852 Filed 10–14–10; 8:45 am]
building, if:
BILLING CODE 6450–01–P
(i) The head of the agency designing
the building certifies in writing that
meeting such requirement would be
SMALL BUSINESS ADMINISTRATION
technically impracticable in light of the
agency’s specified functional needs for
13 CFR Part 115
that building;
RIN 3245–AG14
(ii) The head of the agency designing
the building demonstrates that the
Surety Bond Guarantee Program;
requested adjustment is the largest
Timber Sales
feasible reduction in fossil fuelgenerated consumption that can
AGENCY: Small Business Administration.
reasonably be achieved; and
ACTION: Proposed rule.
(iii) The Secretary concurs with the
agency’s conclusion.
SUMMARY: The Small Business
(2) This adjustment shall not apply to Administration (SBA) proposes to
the General Services Administration.
amend its Surety Bond Guarantee
12. Section 435.5 is revised to read as Program rules to guarantee performance
follows:
bonds for timber sale contracts awarded
by the Federal Government or other
§ 435.5 Performance level determination.
public or private landowners.
(a) For new Federal low-rise
DATES: Comments must be received on
residential buildings whose design for
or before November 15, 2010.
construction started on or after January
3, 2007, each Federal agency shall
ADDRESSES: You may submit comments,
determine energy consumption levels
identified by RIN 3245–AG14, by any of
for both the baseline building and
the following methods:
proposed building by using the
Federal eRulemaking Portal: https://
Simulated Performance Alternative
www.regulations.gov. Follow the
found in section 404 of the ICC
instructions for submitting comments.
International Energy Conservation Code,
Mail: Office of Surety Guarantees,
2004 Supplement Edition, January 2005 Suite 8600, 409 Third Street, SW.,
(incorporated by reference; see § 435.3). Washington, DC 20416.
(b) Subject to § 435.4(d), each Federal
Hand Delivery/Courier: Office of
agency shall calculate the fossil fuelSurety Guarantees, 409 Third Street,
generated energy consumption of a
SW., Washington, DC 20416.
proposed design by the following
SBA will post all comments on https://
formula:
www.regulations.gov. If you wish to
Proposed Design Fossil Fuel-Generated
submit confidential business
Energy Consumption = (Proposed
information (CBI) as defined in the User
Design Electricity Consumption ×
Notice at https://www.regulations.gov,
Electricity Source Energy Factor ×
please submit information to Ms.
Electricity Fossil Fuel-Generation
Barbara Brannan, Special Assistant,
Ratio) + Direct Fossil Fuel
Office of Surety Guarantees, 409 Third,
Consumption of Proposed Design
Street, SW., Washington, DC 20416 or
(c) Subject to § 435.4(d), if the fossil
send an e-mail to
fuel-generated energy consumption of
Barbara.brannan@sba.gov. Highlight the
mstockstill on DSKH9S0YB1PROD with PROPOSALS
TABLE 2—FOSSIL FUEL REDUCTION
MULTIPLIER BY FISCAL YEAR FOR
WHICH DESIGN FOR CONSTRUCTION
BEGAN
VerDate Mar<15>2010
16:00 Oct 14, 2010
Jkt 223001
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
63419
information that you consider to be CBI
and explain why you believe SBA
should hold this information as
confidential. SBA will review the
information and make the final
determination whether it will publish
the information.
FOR FURTHER INFORMATION CONTACT:
Ms.
Barbara Brannan, Office of Surety
Guarantees, 202–205–6545, e-mail:
Barbara.brannan@sba.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
The Forest Service of the U.S.
Department of Agriculture (USDA)
manages the National Forest System,
and may permit the harvesting of timber
on National Forest System lands in
exchange for the payment of an agreed
upon sum of money. More information
on that program is available at the Web
site of the USDA Forest Service at
https://www.fs.fed.us. Under regulations
issued by the Forest Service, these
timber sale contracts may require the
purchaser to furnish a performance
bond for satisfactory compliance with
the contract terms. 36 CFR 223.35.
Generally, the Performance Bond, as
defined in 13 CFR 115.10, ensures that
the Principal, as defined in 13 CFR
115.10, complies with all contract terms
and conditions associated with forest
management, such as the protection of
natural resources, soil, water, erosion
control, and road maintenance, as well
as to ensure the Principal does not cut
any trees that are expressly excluded
from harvesting in the contract. In the
process of cutting and transporting the
logs, for example, forest roads may be
damaged and the Principal is
responsible for repairing the roads. The
performance period for most timber sale
contracts ranges from one to three years,
and some can exceed five years.
With respect to a Performance Bond
involving the sale of timber on land
managed by USDA, the Federal
Government is the Obligee, as defined
in 13 CFR 115.10, and the purchaser of
the timber is the Principal. Unlike the
typical contract for supplies or services
where the Obligee pays the Principal for
providing supplies or rendering
services, the Principal in the timber sale
contract is paying the Obligee for the
right to cut the designated trees.
However, under the definition of
‘‘Contract’’ in 13 CFR 115.10, a contract
for which SBA may issue a Surety Bond
Guarantee cannot include a contract
requiring any payment by the Principal
to the Obligee. Thus, SBA cannot
presently guarantee a bond for a timber
sales contract.
E:\FR\FM\15OCP1.SGM
15OCP1
63420
Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules
SBA is proposing to amend this
definition to permit SBA to issue a bond
guarantee for a contract that requires the
Principal to pay the Obligee for the
harvesting of timber. This action is
being taken in response to concerns
expressed by small businesses that have
experienced difficulty obtaining the
required bonds for public and private
timber sale contracts. Discussions with
representatives of the United States
Forest Service confirm the need for
increased bonding support for small
businesses in this area, and it is
estimated that approximately 150 small
businesses would be eligible for bond
guarantee assistance as a result of
implementing this Proposed Rule. This
change would apply to contracts
involving forests managed by the
Federal Government or other public or
private landowners. SBA invites
comments from public and private
entities and individuals on how this
proposed rule would affect them.
II. Section-by-Section Analysis
Section 115.10. SBA is proposing to
revise the definition of the term
‘‘Contract’’ to allow SBA to issue a
performance bond guarantee for a
contract that requires the Principal to
pay the Obligee for the harvesting of
timber on the land of the Obligee. The
current definition excludes any contract
that requires payment by the Obligee to
the Principal. Because this kind of
payment is inherent in timber sale
contracts, the proposed change makes it
clear that timber sale contracts are
eligible for performance bond
guarantees.
Compliance With Executive Orders
12866, 12988, and 13132, the
Paperwork Reduction Act (44 U.S.C. Ch.
35), and the Regulatory Flexibility Act (5
U.S.C. 601–612)
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Executive Order 12866
The Office of Management and Budget
(OMB) has determined that this rule
does not constitute a significant
regulatory action under Executive Order
12866. This rule is also not a major rule
under the Congressional Review Act.
Executive Order 12988
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.
Executive Order 13132
For purposes of Executive Order
13132, SBA has determined that the rule
will not have substantial, direct effects
VerDate Mar<15>2010
16:00 Oct 14, 2010
Jkt 223001
on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
for the purpose of Executive Order
13132, Federalism, SBA has determined
that this Proposed Rule has no
federalism implications warranting
preparation of a federalism assessment;
however, SBA invites comments from
the public on this issue.
Paperwork Reduction Act, 44 U.S.C.,
Ch. 35
SBA has determined that this
Proposed Rule does not impose
additional reporting or recordkeeping
requirements under the Paperwork
Reduction Act, 44 U.S.C., Chapter 35.
Regulatory Flexibility Act, 5 U.S.C. 601–
612
2. Amend § 115.10 by revising the
third sentence of the definition
‘‘Contract’’ to read as follows:
§ 115.10
Definitions.
*
*
*
*
*
Contract * * * A Contract does not
include a permit, subdivision contract,
lease, land contract, evidence of debt,
financial guarantee (e.g., a contract
requiring any payment by the Principal
to the Obligee, except for contracts for
the sale of timber that require the
Principal to pay the Obligee), warranty
of performance or efficiency, warranty
of fidelity, or release of lien (other than
for claims under a guaranteed bond).
* * *
*
*
*
*
*
Dated: October 8, 2010.
Karen G. Mills,
Administrator.
[FR Doc. 2010–25999 Filed 10–14–10; 8:45 am]
The Regulatory Flexibility Act (RFA),
5 U.S.C. 601, requires administrative
agencies to consider the effect of their
actions on small entities, small nonprofit enterprises, and small local
governments. Pursuant to RFA, when an
agency issues a rulemaking, the agency
must prepare a regulatory flexibility
analysis which describes the impact of
this rule on small entities. However,
section 605 of the RFA allows an agency
to certify a rule, in lieu of preparing an
analysis, if the rulemaking is not
expected to have a significant economic
impact on a substantial number of small
entities. Within the meaning of RFA,
SBA certifies that this rule will not have
a significant economic impact on a
substantial number of small entities. It
is estimated that approximately 150
small businesses would now be eligible
for bond guarantee assistance from SBA
as a result of implementing this
Proposed Rule. Additionally, there are
17 Sureties that participate in the SBG
Program, and no part of this Proposed
Rule would impose any significant
additional cost or burden on them.
List of Subjects in 13 CFR Part 115
Claims, Small businesses, Surety
bonds.
For the reasons stated in the
preamble, SBA proposes to amend 13
CFR part 115 as follows:
PART 115—SURETY BOND
GUARANTEE
1. The authority citation for part 115
continues to read as follows:
Authority: 5 U.S.C. app. 3, 15 U.S.C. 687b,
687c, 694b, 694b note, Pub. L. 106–554; and
Pub. L. 108–447, Div. K, Sec. 203.
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
BILLING CODE 8025–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–0959; Directorate
Identifier 2010–NM–119–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Model BD–700–1A10 and BD–700–
1A11 Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for the
products listed above. This proposed
AD results from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
SUMMARY:
There have been two in-service reports of
main landing gear (MLG) tire failure on
landing, during which a flailing tire tread
caused damage to No. 2 and No. 3 hydraulic
system lines in the wing auxiliary spar area
on the left side of the aircraft. This damage
resulted in the loss of supply pressure to the
inboard and outboard brakes, as the only
remaining braking source available was the
No. 3 hydraulic system accumulator. The
degradation of the brake system performance
could adversely affect the aircraft during
landing.
*
E:\FR\FM\15OCP1.SGM
*
*
15OCP1
*
*
Agencies
[Federal Register Volume 75, Number 199 (Friday, October 15, 2010)]
[Proposed Rules]
[Pages 63419-63420]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25999]
=======================================================================
-----------------------------------------------------------------------
SMALL BUSINESS ADMINISTRATION
13 CFR Part 115
RIN 3245-AG14
Surety Bond Guarantee Program; Timber Sales
AGENCY: Small Business Administration.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Small Business Administration (SBA) proposes to amend its
Surety Bond Guarantee Program rules to guarantee performance bonds for
timber sale contracts awarded by the Federal Government or other public
or private landowners.
DATES: Comments must be received on or before November 15, 2010.
ADDRESSES: You may submit comments, identified by RIN 3245-AG14, by any
of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Mail: Office of Surety Guarantees, Suite 8600, 409 Third Street,
SW., Washington, DC 20416.
Hand Delivery/Courier: Office of Surety Guarantees, 409 Third
Street, SW., Washington, DC 20416.
SBA will post all comments on https://www.regulations.gov. If you
wish to submit confidential business information (CBI) as defined in
the User Notice at https://www.regulations.gov, please submit
information to Ms. Barbara Brannan, Special Assistant, Office of Surety
Guarantees, 409 Third, Street, SW., Washington, DC 20416 or send an e-
mail to Barbara.brannan@sba.gov. Highlight the information that you
consider to be CBI and explain why you believe SBA should hold this
information as confidential. SBA will review the information and make
the final determination whether it will publish the information.
FOR FURTHER INFORMATION CONTACT: Ms. Barbara Brannan, Office of Surety
Guarantees, 202-205-6545, e-mail: Barbara.brannan@sba.gov.
SUPPLEMENTARY INFORMATION:
I. Background Information
The Forest Service of the U.S. Department of Agriculture (USDA)
manages the National Forest System, and may permit the harvesting of
timber on National Forest System lands in exchange for the payment of
an agreed upon sum of money. More information on that program is
available at the Web site of the USDA Forest Service at https://www.fs.fed.us. Under regulations issued by the Forest Service, these
timber sale contracts may require the purchaser to furnish a
performance bond for satisfactory compliance with the contract terms.
36 CFR 223.35. Generally, the Performance Bond, as defined in 13 CFR
115.10, ensures that the Principal, as defined in 13 CFR 115.10,
complies with all contract terms and conditions associated with forest
management, such as the protection of natural resources, soil, water,
erosion control, and road maintenance, as well as to ensure the
Principal does not cut any trees that are expressly excluded from
harvesting in the contract. In the process of cutting and transporting
the logs, for example, forest roads may be damaged and the Principal is
responsible for repairing the roads. The performance period for most
timber sale contracts ranges from one to three years, and some can
exceed five years.
With respect to a Performance Bond involving the sale of timber on
land managed by USDA, the Federal Government is the Obligee, as defined
in 13 CFR 115.10, and the purchaser of the timber is the Principal.
Unlike the typical contract for supplies or services where the Obligee
pays the Principal for providing supplies or rendering services, the
Principal in the timber sale contract is paying the Obligee for the
right to cut the designated trees. However, under the definition of
``Contract'' in 13 CFR 115.10, a contract for which SBA may issue a
Surety Bond Guarantee cannot include a contract requiring any payment
by the Principal to the Obligee. Thus, SBA cannot presently guarantee a
bond for a timber sales contract.
[[Page 63420]]
SBA is proposing to amend this definition to permit SBA to issue a
bond guarantee for a contract that requires the Principal to pay the
Obligee for the harvesting of timber. This action is being taken in
response to concerns expressed by small businesses that have
experienced difficulty obtaining the required bonds for public and
private timber sale contracts. Discussions with representatives of the
United States Forest Service confirm the need for increased bonding
support for small businesses in this area, and it is estimated that
approximately 150 small businesses would be eligible for bond guarantee
assistance as a result of implementing this Proposed Rule. This change
would apply to contracts involving forests managed by the Federal
Government or other public or private landowners. SBA invites comments
from public and private entities and individuals on how this proposed
rule would affect them.
II. Section-by-Section Analysis
Section 115.10. SBA is proposing to revise the definition of the
term ``Contract'' to allow SBA to issue a performance bond guarantee
for a contract that requires the Principal to pay the Obligee for the
harvesting of timber on the land of the Obligee. The current definition
excludes any contract that requires payment by the Obligee to the
Principal. Because this kind of payment is inherent in timber sale
contracts, the proposed change makes it clear that timber sale
contracts are eligible for performance bond guarantees.
Compliance With Executive Orders 12866, 12988, and 13132, the Paperwork
Reduction Act (44 U.S.C. Ch. 35), and the Regulatory Flexibility Act (5
U.S.C. 601-612)
Executive Order 12866
The Office of Management and Budget (OMB) has determined that this
rule does not constitute a significant regulatory action under
Executive Order 12866. This rule is also not a major rule under the
Congressional Review Act.
Executive Order 12988
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.
Executive Order 13132
For purposes of Executive Order 13132, SBA has determined that the
rule will not have substantial, direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, for the purpose of Executive Order 13132,
Federalism, SBA has determined that this Proposed Rule has no
federalism implications warranting preparation of a federalism
assessment; however, SBA invites comments from the public on this
issue.
Paperwork Reduction Act, 44 U.S.C., Ch. 35
SBA has determined that this Proposed Rule does not impose
additional reporting or recordkeeping requirements under the Paperwork
Reduction Act, 44 U.S.C., Chapter 35.
Regulatory Flexibility Act, 5 U.S.C. 601-612
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601, requires
administrative agencies to consider the effect of their actions on
small entities, small non-profit enterprises, and small local
governments. Pursuant to RFA, when an agency issues a rulemaking, the
agency must prepare a regulatory flexibility analysis which describes
the impact of this rule on small entities. However, section 605 of the
RFA allows an agency to certify a rule, in lieu of preparing an
analysis, if the rulemaking is not expected to have a significant
economic impact on a substantial number of small entities. Within the
meaning of RFA, SBA certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
It is estimated that approximately 150 small businesses would now be
eligible for bond guarantee assistance from SBA as a result of
implementing this Proposed Rule. Additionally, there are 17 Sureties
that participate in the SBG Program, and no part of this Proposed Rule
would impose any significant additional cost or burden on them.
List of Subjects in 13 CFR Part 115
Claims, Small businesses, Surety bonds.
For the reasons stated in the preamble, SBA proposes to amend 13
CFR part 115 as follows:
PART 115--SURETY BOND GUARANTEE
1. The authority citation for part 115 continues to read as
follows:
Authority: 5 U.S.C. app. 3, 15 U.S.C. 687b, 687c, 694b, 694b
note, Pub. L. 106-554; and Pub. L. 108-447, Div. K, Sec. 203.
2. Amend Sec. 115.10 by revising the third sentence of the
definition ``Contract'' to read as follows:
Sec. 115.10 Definitions.
* * * * *
Contract * * * A Contract does not include a permit, subdivision
contract, lease, land contract, evidence of debt, financial guarantee
(e.g., a contract requiring any payment by the Principal to the
Obligee, except for contracts for the sale of timber that require the
Principal to pay the Obligee), warranty of performance or efficiency,
warranty of fidelity, or release of lien (other than for claims under a
guaranteed bond). * * *
* * * * *
Dated: October 8, 2010.
Karen G. Mills,
Administrator.
[FR Doc. 2010-25999 Filed 10-14-10; 8:45 am]
BILLING CODE 8025-01-P