Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-07-16.xml --- 77 136 Monday, July 16, 2012 Contents Agricultural Marketing Agricultural Marketing Service PROPOSED RULES Standards for Grades of Almonds in the Shell, 41707-41709 2012-17229 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Federal Crop Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41741 2012-17234 Animal Animal and Plant Health Inspection Service PROPOSED RULES Animal Welfare:

Retail Pet Stores and Licensing Exemptions, 41716 2012-17283 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41790 2012-17292 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 41741-41742 2012-17304 Coast Guard Coast Guard RULES Drawbridge Operations:

Willamette River, Portland, OR, 41685 2012-17222 Safety Zones: Sheffield Lake Fireworks, Lake Erie, Sheffield Lake, OH, 41686-41688 2012-17220 Security Zones: 2012 Republican National Convention, Captain of the Port St. Petersburg Zone, Tampa, FL, 41688-41692 2012-17086 PROPOSED RULES Regulated Navigation Areas: Original Waldo-Hancock Bridge Removal, Penobscot River, Bucksport, ME, 41717-41720 2012-17221 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Product Consumer Product Safety Commission NOTICES Meetings;

Sunshine Act, 41773 2012-17383 Corporation Corporation for National and Community Service NOTICES Meetings; Sunshine Act, 41774 2012-17298 Education Department Education Department NOTICES Privacy Act; Systems of Records, 41774 2012-17310 Employee Benefits Employee Benefits Security Administration RULES Reasonable Contract or Arrangement; Fee Disclosure/Web Page, 41678-41680 2012-17013 PROPOSED RULES Reasonable Contract or Arrangement; Fee Disclosure/Web Page, 41716-41717 2012-17012 Employment and Training Employment and Training Administration NOTICES Amended Certifications Regarding Eligibility to Apply for Worker Adjustment Assistance:

Dow Jones and Co., Inc., et al., Princeton, NJ; Generate, Inc., et al., Boston, MA, 41807-41808 2012-17212 New Gear Process, et al., Including On-Site Leased Workers from ABM Janitorial Service Northeast, Inc. East Syracuse, NY, 41807 2012-17211 RG Steel Sparrows Point LLC, et al., Including On-Site Leased Workers from Echelon Service Co., et al., Sparrows Point, MD, 41806-41807 2012-17210 Determinations Regarding Applications for Reconsideration: General Dynamics Itronix Corp., et al., Including Remote Workers Reporting to Sunrise, FL, 41808 2012-17209 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Environmental Assessments;

Availability, etc.: Construction and Operation of Radiological Work and Storage Building, 41774-41776 2012-17230 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Implementation Plans; Stay of the Effectiveness of Requirements: New Mexico; Federal Implementation Plan for Interstate Transport of Pollution Affecting Visibility, etc., 41697-41699 2012-16952 Significant New Use Rules: Phenol, 2,4 dimethyl-6-(1-methylpentadecyl, 41692-41697 2012-17276 PROPOSED RULES Hazardous Waste Management System:

Identification and Listing of Hazardous Waste; Exclusions, 41720-41728 2012-17272 NOTICES Integrated Risk Information System: Availability of Literature Searches for IRIS Assessments, 41784-41785 2012-17145 Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 41785 2012-17377 Federal Aviation Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 41666-41670 2012-16431 2012-16491 NOTICES Environmental Impact Statements;

Records of Decisions: Proposed Airfield Improvement Project at Palm Beach International Airport, Palm Beach County, FL, 41878 2012-17280 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bioterrorism Preparedness Act; Entity/Individual Information, 41801 2012-17187 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41785-41786 2012-17254 Meetings;

Sunshine Act, 41786-41787 2012-17400 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Common Crop Insurance: Florida Citrus Fruit Crop Insurance Provisions, 41709-41716 2012-17235 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41787 2012-17177 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 41788 2012-17306 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 41777 2012-17216 Declarations of Intention:

City of Sandpoint, 41778-41779 2012-17253 Jacob Focht, 41777-41778 2012-17252 Environmental Assessments; Availability, etc.: Hancock Compressor Project, Millennium Pipeline Co., LLC, 41779-41781 2012-17246 Preliminary Permit Applications: American River Power VI, LLC, 41783 2012-17251 American River Power VII, LLC, 41783-41784 2012-17249 American River Power VIII, LLC, 41782-41783 2012-17250 City of Quincy, FFP Project 109, LLC, 41781-41782 2012-17248 City of Quincy, FFP Project 110, LLC, 41782 2012-17247 Federal Motor Federal Motor Carrier Safety Administration RULES Transportation of Household Goods in Interstate Commerce;

Consumer Protection: Household Goods Motor Carrier Record Retention Requirements, 41699-41704 2012-17268 NOTICES Qualifications of Drivers; Exemption Applications; Vision, 41879-41881 2012-17267 Federal Railroad Federal Railroad Administration NOTICES Buckling-Prone Conditions in Continuous Welded Rail Track, 41881-41882 2012-17343 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 41788 2012-17181 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 41788 2012-17180 Food and Drug Food and Drug Administration NOTICES Meetings:

Advisory Committee for Pharmaceutical Science and Clinical Pharmacology, 41790-41791 2012-17193 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganization and Expansion under Alternative Site Framework: Foreign-Trade Zone 202, Los Angeles, CA, 41742 2012-17294 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Health Information Technology Policy Committee, 41788-41789 2012-17288 Presidential Commission for the Study of Bioethical Issues, 41789 2012-17313 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services NOTICES Exercise of Authority under the Immigration and Nationality Act, 41795-41796 2012-17232 Industry Industry and Security Bureau RULES Commerce Control List; CFR Correction, 41670-41671 2012-17302 Definition of Terms; CFR Correction, 41670 2012-17297 NOTICES Orders:

Humane Restraint, Inc., 41742-41744 2012-17236 Interior Interior Department See Land Management Bureau See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Chlorinated Isocyanurates from the People's Republic of China, 41746-41754 2012-17314 Hand Trucks and Certain Parts Thereof from the People's Republic of China, 41744-41745 2012-17311 Antidumping Duty Investigations:

Drawn Stainless Steel Sinks from the People's Republic of China, 41754 2012-17286 Justice Department Justice Department See Federal Bureau of Investigation See National Institute of Corrections NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: CRS Customer Satisfaction Survey, 41798-41799 2012-17189 National Institute of Justice Compliance Testing Program, 41799-41800 2012-17226 Lodging of Consent Decrees under CERCLA, 41800 2012-17204 Proposed Partial Consent Decrees under CERCLA, 41800-41801 2012-17201 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Meetings:

Rio Grande Natural Area Commission, 41798 2012-17309 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel SIX STRING, 41883 2012-17285 Vessel STARDUST, 41882 2012-17281 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: Arts Advisory Panel, 41808 2012-17217 Humantities Panel, 41808-41809 2012-17233 National Institute Corrections National Institute of Corrections NOTICES Solicitation for a Cooperative Agreement:

Transition from Jail to the Community, 41801-41804 2012-17192 Solicitations for Cooperative Agreements: Development of Materials Specific to Compassion Fatigue and Vicarious Trauma in Corrections, 41804-41806 2012-17215 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prostate, Lung, Colorectal and Ovarian Cancer Screening Trial, 41791-41792 2012-17237 Co-Exclusive Licenses: Human Anti-CD22 Monoclonal Antibodies for Treatment of Human Cancers and Autoimmune Disease, 41792-41793 2012-17218 Meetings:

Center for Scientific Review, 41793 2012-17213 2012-17214 National Institute of Mental Health, 41793 2012-17239 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Adjustment of Georges Bank Yellowtail Flounder Annual Catch Limits, 41704-41706 2012-17245 PROPOSED RULES Plan for Periodic Review of Regulations, 41728-41740 2012-17257 NOTICES Fishing Capacity Reduction Program for the Southeast Alaska Purse Seine Salmon Fishery, 41754-41755 2012-17255 Takes of Marine Mammals Incidental to Specified Activities:

Three Marine Geophysical Surveys in the Northeast Pacific Ocean, June through July, 2012, 41755-41773 2012-17258 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 41809-41811 2012-17195 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Confirmatory Orders: Tennessee Valley Authority Watts Bar Nuclear Plant Construction Permit, 41811-41814 2012-17227 Environmental Assessments; Availability, etc.: Entergy Operations, Inc., Grand Gulf Nuclear Station, Unit 1, 41814-41824 2012-17228 Securities Securities and Exchange Commission RULES Extension of Interim Final Temporary Rule on Retail Foreign Exchange Transactions, 41671-41678 2012-17261 NOTICES Self-Regulatory Organizations;

Proposed Rule Changes: BATS Exchange, Inc., 41829-41832 2012-17199 BATS Y-Exchange, Inc., 41842-41845 2012-17200 Chicago Board Options Exchange, Inc., 41841-41842 2012-17202 EDGA Exchange, Inc., 41847-41849 2012-17198 EDGX Exchange, Inc., 41864-41868 2012-17197 Financial Industry Regulatory Authority, Inc., 41832-41835 2012-17219 NASDAQ OMX BX, Inc., 41840-41841 2012-17203 NASDAQ OMX PHLX LLC, 41838-41840 2012-17205 NASDAQ Stock Market LLC, 41845-41847 2012-17274 National Securities Clearing Corp., 41837-41838 2012-17206 New York Stock Exchange LLC, 41868-41873 2012-17175 NYSE Arca, Inc., 41849-41859 2012-17173 2012-17174 NYSE MKT LLC, 41824-41829, 41859-41864 2012-17171 2012-17176 Options Clearing Corp., 41835-41837 2012-17207 2012-17208 Suspension of Trading Orders:

Alternative Energy Sources, Inc., Arlington Hospitality, Inc., et al., 41873-41874 2012-17344 Small Business Small Business Administration RULES Surety Bond Guarantee Program: Quick Bond Application and Agreement, 41663-41666 2012-17104 NOTICES Disaster Declarations: New Mexico, 41874 2012-17240 Major Disaster Declarations: Florida, 41874 2012-17242 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41874-41877 2012-17244 State Department State Department NOTICES Meetings:

Advisory Committee on International Postal and Delivery Services, 41877 2012-17259 Public Hearings: International Joint Commission on Lake Osoyoos, 41877-41878 2012-17260 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 41793-41795 2012-17241 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Indiana Regulatory Program, 41680-41685 2012-17238 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration Treasury Treasury Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 41883-41884 2012-17256 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Appeal of Decision under Section 201 or 245A, 41797-41798 2012-17225 Monthly Report on Naturalization Papers, 41796-41797 2012-17231 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 136 Monday, July 16, 2012 Rules and Regulations SMALL BUSINESS ADMINISTRATION 13 CFR Part 115 RIN 3245-AG39 Surety Bond Guarantee Program—Quick Bond Application and Agreement AGENCY: Small Business Administration. ACTION: Final rule.

SUMMARY: The Small Business Administration

(SBA)is issuing this final rule to amend its Surety Bond Guarantee

(SBG)rules to implement a streamlined application process in the Prior Approval Program for contract amounts not exceeding $250,000. This rule also makes minor administrative changes to the SBG Program regulations to, among other things, clarify the procedures for submitting application forms and paying fees, and deletes an obsolete reference to a form. DATES: This rule is effective August 15, 2012. FOR FURTHER INFORMATION CONTACT: Ms. Barbara Brannan, Office of Surety Guarantees, U.S. Small Business Administration, 409 Third Street SW., Washington, DC 20416; 202-205-6545, email: *barbara.brannon@sba.gov.* SUPPLEMENTARY INFORMATION: I. Background Information Through the Surety Bond Guarantee

(SBG)Program, SBA guarantees bid, payment, and performance bonds for contracts up to $2 million for small and emerging contractors who cannot obtain bonds through regular commercial surety channels. SBA's guarantee provides the incentive needed for sureties to bond these contractors, giving them greater access to contracting opportunities. The SBG Program consists of the Prior Approval Program and the Preferred Surety Bond

(PSB)Program. In the Prior Approval Program, Sureties must apply to SBA for each bond guarantee and must receive SBA approval before issuing bonds. Sureties in the PSB Program can issue SBA guaranteed bonds without SBA's prior approval. On February 6, 2012, SBA published a notice of proposed rulemaking with request for comments in the **Federal Register** to implement a streamlined application process in the Prior Approval Program for contract amounts not exceeding $250,000, and to make other minor administrative changes to the SBG Program regulations, including clarifying the procedures for submitting application forms and paying fees, and deleting an obsolete reference to a form. See 77 FR 5721. The comment period was open until April 6, 2012, and SBA received three comments, two from trade associations and one from a contract bond underwriter. All submitters expressed support for the proposed rule, observing that it is consistent with industry practice, and two commenters commended SBA for its efforts to reduce the paperwork burden on contractors and sureties. The trade associations believe that the streamlined process will reduce costs associated with the SBG Program, which may lead to greater participation. One submitter offered suggestions for program enhancements, including changes to the current fee structure and to the notice requirements related to changes in the contract amount. These suggestions are outside the scope of this rule; however, SBA will take them into consideration in the context of any future program review. Under this new streamlined process involving contracts not exceeding $250,000, the Surety will use the new Quick Bond Guarantee Application and Agreement, SBA Form 990A, which consolidates two of the forms currently used in the SBG Program—SBA Form 990, Surety Bond Agreement and SBA Form 994, Application for Surety Bond Guarantee Assistance. The new process complements the existing industry practice of offering a streamlined bond application for smaller contract amounts. In addition, under this new process, SBA will not require the Principal to complete and submit two other forms for these small contract amounts, including SBA Form 994F; Schedule of Work in Process, and SBA Form 413; Personal Financial Statement. Instead, to mitigate any risk associated with these smaller contract amounts, the new SBA Form 990A requires the Principal to provide a list of the three largest contracts completed in the last 5 years. This final rule also sets forth the circumstances under which SBA Form 990A cannot be used. This final rule also makes other changes to the existing SBG Program rules, including clarifying that SBA Form 990 or SBA Form 990A must be submitted to and approved by SBA prior to the Surety's execution of the bond (except for bonds issued under surety bonding lines). With respect to the rules regarding surety bonding lines, this final rule removes the reference to SBA Form 994C as this form is no longer used. In addition, with this final rule, SBA is making minor and technical modifications to clarify that Sureties and Principals may make fee payments through electronic means. The Department of Treasury has directed that payments be made by electronic funds transfer when cost-effective, practicable, and consistent with statutory authority *. See* 31 CFR 206.4. The final rule makes minor changes to the language in 13 CFR 115.32(b) and 115.32(d) to provide Sureties and Principals with the flexibility to make these payments electronically, conforming these provisions to the Department of Treasury's requirements. II. Section-by-Section Analysis *Section 115.10.* This section amends the definition of the term “Prior Approval Agreement” to add the “Quick Bond Guarantee Application and Agreement (SBA Form 990A)” to the agreements into which a Prior Approval Surety may enter with SBA. No changes have been made to this provision as proposed. *Section 115.30(d)(1).* SBA amends this paragraph to clarify that, where the Surety Bond Guarantee Agreement (SBA Form 990) is used, it must be approved before the Prior Approval Surety executes a Bid or a Final Bond, except in the case of a bonding line under § 115.33(d). This is consistent with 13 CFR 115.19(f), which provides that SBA may deny liability under its guarantee if the Surety executes the bond prior to the date of SBA's guarantee. SBA is also amending this paragraph to clarify that the applicable guarantee fees must be paid in accordance with 13 CFR 115.32. No changes have been made to this provision as proposed. *Section 115.30(d)(2).* This new provision implements a streamlined application process for bond guarantees for contracts that do not exceed $250,000. Under this new process, applicants use a new form, the “Quick Bond Guarantee Application and Agreement (SBA Form 990A)” in place of SBA Form 990 and SBA Form 994. This new provision requires that the Quick Bond Guarantee Application and Agreement (SBA Form 990A) be submitted to and approved by SBA before the Surety executes the Bid or Final Bond. This provision also requires that the guarantee fees be paid in accordance with 13 CFR 115.32. This provision also sets forth six circumstances under which this streamlined application process may not be used. No changes have been made to this provision as proposed. *Section 115.32(b).* SBA amends the fourth sentence of this provision to add the requirement that the Principal's fee be remitted to SBA with the new SBA Form 990A, just as it is required to be submitted with SBA Form 990. In addition, SBA is making minor modifications to the rule as proposed to give the Sureties and the Principals the flexibility to pay the fee electronically through the Pay.gov Web site managed by the U.S. Department of Treasury's Financial Management Service. These modifications include deleting the word “together” in the sentence to avoid any suggestion that the payment must be made by a paper check that is attached to the SBA Form 990, and deleting the phrase “by the Surety” to clarify that the payment may be made by either the Surety or the Principal. By deleting the word “together”, SBA does not intend to change the requirement that the Principal's fee be remitted before the guarantee application may be approved. *Section 115.32(c).* SBA amends this paragraph to clarify that the requirements regarding the guarantee fee paid by the Surety apply to the new SBA Form 990A, just as they apply to the SBA Form 990. No changes have been made to this provision as proposed. *Section 115.32(d)(1).* SBA is deleting the words “Supplemental Form 990” from this paragraph to make it clear that this provision applies to bond guarantees approved under the new SBA Form 990A in addition to SBA Form 990. SBA is also adding a sentence to provide that, in notifying SBA of any increase or decrease in the Contract or bond amount, the Surety must use the same form that it used in applying for the original bond guarantee. No changes have been made to this provision as proposed. *Section 115.32(d)(2).* SBA is making minor modifications to the rule as proposed by revising this provision to give Principals and Sureties the flexibility to remit the required fees electronically through the Pay.gov Web site. The modifications include deleting the word “check” throughout the provision. *Section 115.33(d).* SBA is eliminating references to the “Surety Bond Guarantee Review Update (SBA Form 994C)” throughout this provision because the form is no longer used. No changes have been made to this provision as proposed. Compliance With Executive Orders 12866, 12988, 13132, and 13563, 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 final rule does not constitute a significant regulatory action under Executive Order 12866. This final 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 the purposes of Executive Order 13132, SBA has determined that this final 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 final rule has no federalism implications warranting preparation of a federalism assessment. Executive Order 13563 For the purposes of Executive Order 13563, SBA discussed implementing a streamlined application process with several surety industry associations and surety company representatives. The final application reflects the feedback received from these sources, particularly the incorporation of best practices used throughout the surety industry. SBA also solicited public comments as part of the standard rule making process. Those comments are described above. Paperwork Reduction Act, 44 U.S.C. Ch 35 SBA has determined that this final rule imposes additional reporting and recordkeeping requirements under the Paperwork Reduction Act, 44 U.S.C. chapter 35. SBA included a request for comments on the Quick Bond Guarantee Application and Agreement (SBA Form 990A) in the proposed rule that was published in the **Federal Register** on February 6, 2012 at 77 FR 5721. The agency received three comments in response to this request during the 60-day comment period. All of the submitters expressed support for this streamlined bond guarantee application process, including the belief that it would reduce the burden on sureties and small business contractors. SBA has not modified this information collection; it is the same as described in the proposed rule. As required by law, SBA has submitted SBA Form 990A to the Office of Management and Budget

(OMB)for review and approval. The information submitted to OMB for review is available at *http://www.reginfo.gov/public/jsp/PRA/praDashboard.jsp.* A summary description of this information collection, the respondents, and the estimate of the annual hour burden resulting from this new process is provided below. Included in the estimate is the time for reviewing instructions, searching existing data sources, gathering the data needed, and completing and reviewing the responses. *Title:* Quick Bond Surety Guarantee Application and Agreement (SBA Form 990A). *Description:* The Quick Bond Surety Guarantee Application and Agreement is a combination application and bond guarantee agreement that would be used in the Prior Approval Program for contract amounts that do not exceed $250,000. It is a streamlined alternative to the existing surety bond application and agreement, the SBA Forms 990 and 994 (OMB Control Number 3245-0007). The information would be used to evaluate whether the applicant small business meets the program eligibility criteria and the likelihood that it will successfully complete performance on the contract. *OMB Control Number:* New Collection. *Description of and Estimated Number of Respondents.* This proposed new collection would be submitted by small businesses seeking to obtain a bond in order to bid or perform on a contract, and by surety companies and their agents or representatives. Based on the current volume of bonds for contracts up to $250,000, SBA estimates that approximately 500 small businesses and 13 Prior Approval Sureties would submit this streamlined application and agreement form. *Estimated Response Time:* It is estimated that each applicant would require approximately 5 minutes to complete the proposed new form. *Estimated Number of Responses:* 4,450. This number is based on SBA's projection of program activity during Fiscal Year 2012. *Total Estimated Annual Hour Burden:* 369 hours. *Estimated Annual Cost Burden:* $18,941. 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 the 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 impact on a substantial number of small entities. Within the meaning of RFA, SBA certifies that this final rule will not have a significant economic impact on a substantial number of small entities. There are 13 Sureties that currently participate in the SBA Prior Approval Program, and no part of this final rule would impose any significant additional cost or burden on them. List of Subjects in 13 CFR Part 115 Claims, Reporting and recordkeeping requirements, Small businesses, Surety bonds. For the reasons stated in the preamble, SBA amends 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, 694a, 694b note, Pub. L. 106-554; Pub. L. 108-447, Div K, Sec. 203; Pub. L. 110-246, Sec. 12079, 122 Stat. 1651; and Pub. L. 111-5, 123 Stat. 115. § 115.10 [Amended] 2. In § 115.10 amend the definition of “Prior Approval Agreement” by adding “or Quick Bond Guarantee Application and Agreement (SBA Form 990A)” after “(SBA Form 990)”. 3. Amend § 115.30 by revising paragraph

(d)to read as follows: § 115.30 Submission of Surety's guarantee application.

(d)*Prior Approval Agreement.* To apply for a bond guarantee, a Prior Approval Surety must submit one of the following forms:

(1)*Surety Bond Guarantee Agreement (SBA Form 990).* A Prior Approval Surety may complete and submit a Surety Bond Guarantee Agreement (SBA Form 990) to SBA for each Bid Bond or Final Bond, and this Form must be approved by SBA prior to the Surety's Execution of the bond, except in the case of a surety bonding line approved by SBA under § 115.33(d). The guarantee fees owed in connection with Final Bonds must be paid in accordance with § 115.32.

(2)*Quick Bond Guarantee Application and Agreement (SBA Form 990A)—*

(i)*General procedures.* Except as provided in paragraph (d)(2)(ii) of this section, a Prior Approval Surety may complete and submit the Quick Bond Guarantee Application and Agreement (SBA Form 990A) to SBA for each Bid Bond or Final Bond, and this Form must be approved by SBA prior to the Surety's Execution of the bond. SBA Form 990A is a streamlined application form that may be used only for contract amounts that do not exceed $250,000 at the time of application. The guarantee fees owed in connection with Final Bonds must be paid in accordance with § 115.32.

(ii)*Exclusions.* SBA Form 990A may not be used under the following circumstances:

(A)The Principal has previously defaulted on any contract or has had any claims or complaints filed against it with any court or administrative agency;

(B)Work on the Contract commenced before a bond is Executed;

(C)The time for completion of the Contract or the warranty/maintenance period exceeds 12 months;

(D)The Contract includes a provision for liquidated damages that exceed $250 per day;

(E)The Contract involves asbestos abatement, hazardous waste removal, demolition, or timber sales; or

(F)The bond would be issued under a surety bonding line approved under § 115.33. 4. Amend § 115.32 as follows: a. Revise the fourth sentence of paragraph

(b)to read as follows; b. Revise the second sentence of paragraph

(c)to read as follows; c. Amend the second sentence of paragraph (d)(1) by removing the words “(Supplemental Form 990)” and add a new sentence at the end of paragraph (d)(1) to read as follows; and d. Revise paragraph (d)(2) to read as follows. § 115.32 Fees and Premiums.

(b)* * * The Principal's fee is rounded to the nearest dollar, and is to be remitted to SBA with the form submitted under either § 115.30(d)(1) or (2).

(c)* * * Subject to § 115.18(a)(4), the Surety must pay SBA a guarantee fee on each guaranteed bond (other than a Bid Bond) within 60 calendar days after SBA's approval of the Prior Approval Agreement. * * *

(d)* * *

(1)* * * In notifying SBA of any increase or decrease in the Contract or bond amount, the Surety must use the same form (SBA Form 990 or SBA Form 990A) that it used in applying for the original bond guarantee.

(2)* Increases; fees.* The payment for the increase in the Principal's guarantee fee, which is computed on the increase in the Contract amount, is due upon notification of the increase in the Contract or bond amount under this paragraph (d). If the increase in the Principal's fee is less than $40, no payment is due until the total amount of increases in the Principal's fee equals or exceeds $40. The Surety's payment of the increase in the Surety's guarantee fee, computed on the increase in the bond Premium, must be submitted to SBA within 60 calendar days of SBA's approval of the Prior Approval Agreement, unless the amount of such increased guarantee fee is less than $40. When the total amount of increase in the guarantee fee equals or exceeds $40, the Surety must remit the fee within 60 calendar days. 5. Amend § 115.33 by revising paragraphs (d)(1) and (d)(2) to read as follows: § 115.33 Surety bonding line.

(d)* * *

(1)*Bid Bonds.* Within 15 business days after the Execution of any Bid Bonds under a bonding line, the Surety must submit a “Surety Bond Guarantee Underwriting Review” (SBA Form 994B) to SBA for approval. If the Surety fails to submit the form within this time period, SBA's guarantee of the bond will be void from its inception unless SBA determines otherwise upon a showing that a valid reason exists why the timely submission was not made.

(2)*Final Bonds.* Within 15 business days after the Execution of any Final Bonds under a bonding line, the Surety must submit a Surety Bond Guarantee Underwriting Review (SBA Form 994B) and a Surety Bond Guarantee Agreement (SBA Form 990) to SBA for approval. If the surety fails to submit these forms within the time period or the guarantee fees are not paid in accordance with § 115.32, SBA's guarantee of the bond will be void from its inception unless SBA determines otherwise upon a showing that the Contract is not in default and a valid reason exists why the timely submission was not made. Dated: July 2, 2012. Karen G. Mills, Administrator. [FR Doc. 2012-17104 Filed 7-13-12; 8:45 am]

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