60-day Federal Register Notice

Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices
the population—and any support
previously received.

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D. Default Payment Requirements
184. In the USF/ICC Transformation
Order, the Commission determined that
it would impose two types of default
payment obligations on winning
bidders: a default payment owed by
Mobility Fund winning bidders that
default on their winning bids prior to
approval for receiving support, and a
default payment owed by Mobility Fund
winning bidders that apply for and are
approved to receive support but
subsequently fail to meet their public
interest obligations or other terms and
conditions of Mobility Fund support.
Under the competitive bidding rules
adopted in the USF/ICC Transformation
Order, bidders selected by the auction
process to receive USF support have a
binding obligation to file a post-auction
long-form application—by the
applicable deadline and consistent with
other requirements of the long-form
application process—and failure to do
so constitutes an auction default. In
addition, a performance default occurs
when a winning bidder that the
Commission has authorized to receive
support fails to meet its minimum
coverage requirement or adequately
comply with quality of service or any
other requirements upon which support
was granted.
i. Auction Default Payment
185. Any winning bidder that fails to
timely file a long-form application, is
found ineligible or unqualified to
receive Mobility Fund support, has its
long-form application dismissed, or
otherwise defaults on its bid or is
disqualified for any reason after the
close of the auction and prior to the
authorization of support for each
winning bid will be subject to an
auction default payment. Agreeing to
such payment in event of a default is a
condition for participating in bidding.
In the event of an auction default, the
Bureaus will assess a default payment of
five percent of the total defaulted bid.
Liability for the auction default payment
will be imposed without regard to the
intentions or fault of any specific
defaulting bidder.
186. The Bureaus’ experience in
Auction 901 has demonstrated that this
amount, which is well below the
maximum allowable percentage,
provides bidders sufficient incentive to
fully inform themselves of the
obligations associated with participation
in the Tribal Mobility Fund Phase I
auction and to commit to fulfilling those
obligations, and yet is not unduly
punitive. The Bureaus anticipate that

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such a requirement here should serve to
deter failures to fulfill auction
obligations that might undermine the
stability and predictability of the
auction process and impose costs on the
Commission as well as higher support
costs for USF. The Bureaus therefore
adopt their proposal.
187. The Bureaus did not receive any
comments on whether there should be
an alternative methodology for
calculation of an auction default
payment, or whether an applicant
should be required to furnish a bond or
place funds on deposit prior to bidding.
The Bureaus conclude that their
adoption of an auction default payment
calculated as five percent of the total
defaulted bid will provide adequate
protection against costs to the
Commission and the USF, and therefore
they find that establishing a bond or
deposit requirement is unnecessary.
ii. Performance Default Payment
188. A winning bidder that has
received notice from the Commission
that it is authorized to receive Mobility
Fund support will be subject to a
performance default payment if it fails
or is unable to meet its minimum
coverage requirement, other service
requirements, or fails to fulfill any other
term or condition of Tribal Mobility
Fund Phase I support. The Bureaus
conclude that in the event of a
performance default, they will assess a
default payment of ten percent of the
total defaulted bid. The LOC that a
winning bidder will be required to
provide for each winning bid must
include an additional ten percent based
on the total amount of support for
which the winning bidder is eligible.
189. The Commission recognized in
the USF/ICC Transformation Order that
a Mobility Fund recipient’s failure to
fulfill its obligations may impose
significant costs on the Commission and
higher support costs for the USF and
concluded that it was necessary to adopt
a default payment obligation for
performance defaults. In addition to
being liable for a performance default
payment, the recipient will be required
to repay the Mobility Fund all of the
support it has received, and depending
on circumstances, could be disqualified
from receiving any additional Mobility
Fund or other USF support.
Federal Communications Commission.
Gary Michaels,
Deputy Chief, Auctions and Spectrum Access
Division, WTB.
[FR Doc. 2013–22483 Filed 9–13–13; 8:45 am]
BILLING CODE 6712–01–P

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56895

FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Proposed Collection
Renewal; Comment Request Re:
Federal Deposit Insurance Act Section
19 Application
Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice and request for comment.
AGENCY:

In accordance with the
requirements of the Paperwork
Reduction Act (PRA) of 1995 (44 U.S.C.
chapter 35), the FDIC may not conduct
or sponsor, and a respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The FDIC
hereby gives notice that it is seeking
comment on renewal of its information
collection, entitled Federal Deposit
Insurance Act Section 19 Applications
(OMB No. 3064–0018). At the end of the
comment period, any comments and
recommendations received will be
analyzed to determine the extent to
which the collections should be
modified prior to submission to OMB
for review and approval.
DATES: Comments must be submitted on
or before November 15, 2013.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
methods:
• http://www.FDIC.gov/regulations/
laws/federal/notices.html
• Email: [email protected] Include
the name of the collection in the subject
line of the message.
• Mail: Leneta G. Gregorie (202–898–
3719), Counsel, Room NY–5050, Federal
Deposit Insurance Corporation, 550 17th
Street NW., Washington, DC 20429.
• Hand Delivery: Comments may be
hand-delivered to the guard station at
the rear of the 17th Street Building
(located on F Street), on business days
between 7:00 a.m. and 5:00 p.m.
All comments should refer to the
relevant OMB control number. A copy
of the comments may also be submitted
to the OMB desk officer for the FDIC:
Office of Information and Regulatory
Affairs, Office of Management and
Budget, New Executive Office Building,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Leneta Gregorie, at the FDIC address
above.
SUMMARY:

SUPPLEMENTARY INFORMATION:

Proposal to renew the following
currently approved collection of
information:

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56896

Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices

Title: Federal Deposit Insurance Act
Section 19 Applications.
OMB Number: 3064–0018.
Form Number: 6710/07.
Frequency of Response: On occasion.
Affected Public: Insured depository
institutions.
Estimated Number of Respondents:
26.
Estimated Time per Response: 16
hours.
Total Annual Burden: 416 hours.
General Description of Collection:
Section 19 of the Federal Deposit
Insurance Act (FDI), 12 U.S.C. 1829,
requires the FDIC’s consent prior to any
participation in the affairs of an insured
depository institution by a person who
has been convicted of crimes involving
dishonesty or breach of trust. To obtain
that consent, an insured depository
institution must submit an application
to the FDIC for approval on Form FDIC
6710/07.
Request for Comment
Comments are invited on: (a) Whether
the collection of information is
necessary for the proper performance of
the FDIC’s functions, including whether
the information has practical utility; (b)
the accuracy of the estimates of the
burden of the information collection,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including through the use
of automated collection techniques or
other forms of information technology.
All comments will become a matter of
public record.
Dated at Washington, DC, this 11th day of
September, 2013.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2013–22472 Filed 9–13–13; 8:45 am]
BILLING CODE 6714–01–P

DEPARTMENT OF DEFENSE

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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[OMB Control No. 9000–0135; Docket 2013–
0077; Sequence 12]

Federal Acquisition Regulation;
Information Collection; Prospective
Subcontractor Requests for Bonds
Department of Defense (DOD),
General Services Administration (GSA),

AGENCIES:

17:46 Sep 13, 2013

Under the provisions of the
Paperwork Reduction Act 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.
DATES: Submit comments on or before
November 15, 2013.
ADDRESSES: Submit comments
identified by Information Collection
9000–0135 by any of the following
methods:
• Regulations.gov: http://
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., 2nd Floor,
Washington, DC 20405–0001. 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 http://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 email Cecelia.davis@
gsa.gov.
SUMMARY:

SUPPLEMENTARY INFORMATION:

GENERAL SERVICES
ADMINISTRATION

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and National Aeronautics and Space
Administration (NASA).
ACTION: Notice of request for public
comments regarding an extension to an
existing OMB clearance.

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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

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construction contracts which are subject
to 40 U.S.C. chapter 31, subchapter III,
Bonds. 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 Pub. L.
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 40 U.S.C. chapter 31, subchapter III,
Bonds, 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 40 U.S.C. chapter 31,
subchapter III, Bonds. 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.
B. Annual Reporting Burden
Based on a Federal Procurement Data
System (FPDS) report for the number of
new construction contract awards over
$150,000 (simplified acquisition
threshold), there were 9,752 contracts
awarded for Fiscal Year (FY) 2012. The
Government estimated that each
contract awarded had an average of 10
subcontractors (9,752 × 10), resulting in
a total universe of 97,520
subcontractors. In consultation with
subject matter experts, it was
determined that 15% or 14,628
subcontractors (unique vendors) would

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