Federal Register Notice

9000-00xx Federal Reg 2010.pdf

Information Regarding Responsibility Matters; FAR 52-209-XX

Federal Register Notice

OMB: 9000-0174

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices
3. Report title: Financial Statements of
Foreign Subsidiaries of U.S. Banking
Organizations.
Agency form number: FR 2314.
OMB control number: 7100–0073.
Frequency: Quarterly and annually.
Reporters: U.S. state member banks
(SMBs), BHCs, and Edge or agreement
corporations.
Estimated annual reporting hours: FR
2314 (quarterly), 15,365 hours; and FR
2314 (annual), 1,313 hours.
Estimated average hours per response:
FR 2314 (quarterly), 6.60 hours; and FR
2314 (annual), 6.60 hours.
Number of respondents: FR 2314
(quarterly), 582; and FR 2314 (annual),
199.
General description of report: This
information collection is mandatory (12
U.S.C. §§ 324, 602, 625, and 1844(c)).
Confidential treatment is not routinely
given to the data in these reports.
However, confidential treatment for the
reporting information, in whole or in
part, can be requested in accordance
with the instructions to the form,
pursuant to sections (b)(4), (b)(6) and
(b)(8) of the Freedom of Information Act
(5 U.S.C. §§ 552(b)(4) (b)(6) and (b)(8)).
Abstract: The FR 2314 reports collect
financial information for nonfunctionally regulated direct or indirect
foreign subsidiaries of U.S. SMBs, Edge
and agreement corporations, and BHCs.
Parent organizations (SMBs, Edge and
agreement corporations, or BHCs) file
the FR 2314 on a quarterly or annual
basis according to filing criteria. The FR
2314 data are used to identify current
and potential problems at the foreign
subsidiaries of U.S. parent companies,
to monitor the activities of U.S. banking
organizations in specific countries, and
to develop a better understanding of
activities within the industry, in
general, and of individual institutions,
in particular.
Current Actions: On September 25,
2009, the Federal Reserve published a
notice in the Federal Register (74 FR
48960) requesting public comment for
60 days on the revision, without
extension, of the FR 2314. The comment
period for this notice expired on
November 24, 2009. The Federal
Reserve did not receive any comments;
the revisions will be implemented as
proposed.
4. Report title: Financial Statements of
U.S. Nonbank Subsidiaries Held by
Foreign Banking Organizations.
Agency form number: FR Y–7N.
OMB control number: 7100–0125.
Frequency: Quarterly and annually.
Reporters: Foreign banking
organizations (FBOs).
Estimated annual reporting hours: FR
Y–7N (quarterly), 4,787 hours; and FR
Y–7N (annual), 1,387 hours.

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Estimated average hours per response:
FR Y–7N (quarterly), 6.8 hours; and FR
Y–7N (annual), 6.8 hours.
Number of respondents: FR Y–7N
(quarterly), 176; and FR Y–7N (annual),
204.
General description of report: This
information collection is mandatory (12
U.S.C. 1844(c), 3106(c), and 3108).
Confidential treatment is not routinely
given to the data in these reports.
However, confidential treatment for
information, in whole or in part, on any
of the reporting forms can be requested
in accordance with the instructions to
the form, pursuant to sections (b)(4) and
(b)(6) of the Freedom of Information Act
(5 U.S.C. 522(b)(4) and (b)(6)).
Abstract: The FR Y–7N collects
financial information for nonfunctionally regulated U.S. nonbank
subsidiaries held by FBOs other than
through a U.S. BHC, U.S. FHC, or U.S.
bank. FBOs file the FR Y–7N on a
quarterly or annual basis based on size
thresholds.
Current Actions: On September 25,
2009, the Federal Reserve published a
notice in the Federal Register (74 FR
48960) requesting public comment for
60 days on the revision, without
extension, of the FR Y–7N. The
comment period for this notice expired
on November 24, 2009. The Federal
Reserve did not receive any comments;
the revisions will be implemented as
proposed.
Board of Governors of the Federal Reserve
System, February 24, 2010.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. 2010–4118 Filed 2–26–10; 8:45 am]
BILLING CODE 6210–01–P

DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–00XX]

Submission for OMB Review;
Information Regarding Responsibility
Matters
AGENCY: Department of Defense (DOD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding a new OMB
information clearance.
SUMMARY: Under the provisions of the
Paperwork Reduction Act of 1995 (44

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9217

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
a new information collection
requirement regarding Information
Regarding Responsibility Matters.
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
respond, through the use of appropriate
technological collection techniques or
other forms of information technology.
DATES: Submit comments on or before
March 31, 2010.
ADDRESSES: Submit comments regarding
this burden estimate or any other aspect
of this collection of information,
including suggestions for reducing this
burden to GSA Desk Officer, OMB,
Room 10236, NEOB, Washington, DC
20503, and a copy to the Regulatory
Secretariat (MVCB), General Services
Administration, 1800 F Street, NW.,
Room 4041, Washington, DC 20405.
Please cite OMB Control No. 9000–
00XX, Information Regarding
Responsibility Matters, in all
correspondence.
FOR FURTHER INFORMATION CONTACT: Ms.
Millisa Gary, Procurement Analyst,
Contract Policy Branch, at (202) 501–
0699 or [email protected].
SUPPLEMENTARY INFORMATION:
A. Purpose
The collection of new information is
in compliance with section 872 of the
Duncan Hunter National Defense
Authorization Act of 2009 (Pub. L. 110–
417), enacted on October 14, 2008.
Section 872 of the Act requires the
General Services Administration (GSA)
to develop and maintain a database
containing specific information on the
integrity and performance of covered
Federal agency contractors and grantees.
Section 872 defines a covered person
as any person awarded a Federal agency
contract or grant in excess of $500,000
and any person awarded ‘‘such other
category or categories of Federal agency
contract as the FAR may provide * * *’’
Information to be included in the data
system is listed in section 872 and must
cover the most recent five-year period
for—

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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices

i. Each civil or criminal proceeding,
or any administrative proceeding in
connection with the award or
performance of a contract or grant with
the Federal government during the
period when the proceeding results in
one or more of the following:
A. A criminal proceeding resulting in
a conviction.
B. A civil proceeding resulting in a
finding of fault and liability that results
in payment of a monetary amount of
$5,000 or more.
C. An administrative proceeding
resulting in a finding of fault and
liability that results in payment of a
monetary fine or penalty of $5,000 or
more; or payment of a monetary
reimbursement, restitution, or damages
in excess of $100,000.
D. A disposition of the matter by
consent or compromise with an
acknowledgment of fault by the covered
person if the proceeding could have led
to any of the outcomes specified in
subparagraphs A, B, or C above.
ii. Each Federal contract and grant
awarded to the person that was
terminated due to default.
iii. Each Federal administrative
agreement entered into between the
person and the Federal Government to
resolve a suspension or debarment
proceeding.
iv. Each final finding by a Federal
official that the person has been
determined not to be a responsible
source pursuant to subparagraph (C) or
(D) of section 4(7) of the OFPP Act (41
U.S.C.403(7)).
v. Such other information as shall be
provided for purposes of this section in
the FAR.
vi. To the maximum extent practical,
information similar to that mentioned in
subparagraphs I, ii, and iii, in
connection with the award or
performance of a contract or grant with
a State Government.
A new solicitation provision has been
developed for inclusion in solicitations
expected to result in a contract of
$500,000 or more. A new provision
(FAR 52.209–XX, Information Regarding
Responsibility Matters) will require
each offeror to check a box indicating
whether it has, or has not, current
Federal Government contracts and
grants totaling $10,000,000 or more. If
the offeror checks the box indicating
that it does not currently have contracts
and grants of at least $10,000,000, that
is the extent of the information
collection. If, however, the offeror
checks the box indicating that it does
currently have contracts and grants of at
least $10,000,000, and the offeror has
not updated its Central Contactor
Registration (CCR) database in the last

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six months, then the offeror is obligated
to go to the CCR web site and enter the
following information:
‘‘52.209–XX (c)
(1) (i) Whether the offeror, and/or any of
its principals, has or has not, within the last
five years, been involved in a civil or
criminal proceeding, or any administrative
proceeding, in connection with the award to
or performance by the offeror of a Federal or
State contract or grant, to the extent that such
proceeding resulted in any of the following
dispositions:
(A) In a criminal proceeding, a conviction.
(B) In a civil proceeding, a finding of fault
and liability that results in the payment of a
monetary fine, penalty, reimbursement,
restitution, or damages of $5,000 or more.
(C) In an administrative proceeding, a
finding of fault and liability that results in—
(1) The payment of a monetary fine or
penalty of $5,000 or more; or
(2) The payment of a reimbursement,
restitution, or damages in excess of $100,000.
(D) To the maximum extent practicable and
consistent with applicable laws and
regulations, in a criminal, civil, or
administrative proceeding, a disposition of
the matter by consent or compromise with an
acknowledgment of fault by the Contractor if
the proceeding could have led to any of the
outcomes specified in subparagraphs (i), (ii),
or (iii).
(ii) If the offeror checked ‘‘has’’ to the
information request in (b)(1)(i), the offeror
shall provide the requested information with
regard to each occurrence.’’

In addition, the final rule includes a
new clause that requires Contractors to
semi-annually update of the information
in Federal Awardee Performance and
Integrity Information Systems (FAPIIS).
The final rule requires for every
solicitation of $500,000 or more that the
offeror respond whether it has, or has
not, current contracts and grants under
performance that total at least
$10,000,000. Only if the offeror
responds affirmatively is there any
further information collection
requirement. Given that the amount of
current Federal contracts and grants is
basic knowledge for any firm, the
estimated number of hours for this
initial response is 0.1 hours. Using data
from the Federal Procurement Data
System—Next Generation (FPDS–NG),
we estimate that there will be
approximately 12,000–14,000 contracts
over $500,000 each year. Estimating
between five and six responses to each
solicitation, then believe there will be
80,000 responses annually to the ‘‘has/
has not’’ question.
We expect that 5,000 contractors will
answer the first question affirmatively
and then will have to enter data into the
website. We have used a burden
estimate of 0.5 hours to enter the
company’s data into the website. This
time estimate does not include the time

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necessary to maintain the company’s
information internally. Most large
businesses and some small businesses
probably have established systems to
track compliance. At this time, all or
most Government contractors have
entered relevant company data in the
Central Contractor Registration (CCR) in
accordance with another information
collection requirement. Therefore, the
estimate includes an average of 100
hours per year for recordkeeping for
each of the 5,000 respondents to the
request for additional information, for a
total of 500,000 annual recordkeeping
hours.
Annual Reporting Burden
Initial response:
Respondents .................................
Responses per respondent ..........
Total annual responses ...............
Total response burden hours ......
Additional response:
Total annual responses ...............
Total response burden hours ......
Recordkeeping hours ...................
Total burden hours ......................

8,000
× 10
80,000
8,000
10,000
5,000
500,000
505,000

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 No. 9000–
00XX, Information Regarding
Responsibility Matters, in all
correspondence.
Dated: February 23, 2010.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 2010–4057 Filed 2–26–10; 8:45 am]
BILLING CODE 6820–EP–P

GENERAL SERVICES
ADMINISTRATION
Notice of Availability Record of
Decision for the Update to the Master
Plan for the Consolidation of the Food
and Drug Administration Headquarters
at the Federal Research Center at
White Oak in Silver Spring, MD
AGENCY: U.S. General Service
Administration (GSA); National Capital
Region.
ACTION: Notice; record of decision.
SUMMARY: Pursuant to the requirements
of the National Environmental Policy
Act of 1969 (NEPA), the Council on
Environmental Quality Regulations (40
CFR parts 1500–1508), GSA Order PBS
P1095.1F (Environmental
considerations in decisionmaking, date
October 19, 1999), and the GSA Public

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File Typeapplication/pdf
File TitleDocument
SubjectExtracted Pages
AuthorU.S. Government Printing Office
File Modified2010-02-26
File Created2010-02-26

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