40120 Federal Register / Vol. 72, No. 140 / Monday, July 23, 2007 / Notices 

ADDRESSES: Comments submitted by email must be sent to the following 

address: FRNpermits.SR@noaa.gov. The 

application and related documents are 

available for review by appointment, for 

Permit 10017: Protected Resources 

Division, NMFS, 777 Sonoma Avenue, 

Room 315, Santa Rosa, CA 95404 (ph: 

707–575–6097, fax: 707–578–3435). 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey Jahn at phone number 707–575–

6097, or e-mail: Jeffrey.Jahn@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority 

Issuance of permits and permit 

modifications, as required by the 

Endangered Species Act of 1973 (16 

U.S.C. 1531–1543) (ESA), is based on a 

finding that such permits/modifications: 

(1) are applied for in good faith; (2) 

would not operate to the disadvantage 

of the listed species which are the 

subject of the permits; and (3) are 

consistent with the purposes and 

policies set forth in section 2 of the 

ESA. Authority to take listed species is 

subject to conditions set forth in the 

permits. Permits and modifications are 

issued in accordance with and are 

subject to the ESA and NMFS 

regulations governing listed fish and 

wildlife permits (50 CFR parts 222–226). 

Those individuals requesting a 

hearing on an application listed in this 

notice should set out the specific 

reasons why a hearing on that 

application would be appropriate (see 

ADDRESSES). The holding of such a 

hearing is at the discretion of the 

Assistant Administrator for Fisheries, 

NOAA. All statements and opinions 

contained in the permit action 

summaries are those of the applicant 

and do not necessarily reflect the views 

of NMFS. 

Species Covered in This Notice 

This notice is relevant to federally 

endangered Central California Coast 

coho salmon (Oncorhynchus kisutch) 

and threatened Central California Coast 

steelhead (O. mykiss). 

Application Received 

CDPR requests a 5–year permit 

(10017) for take of adult and juvenile 

Central California Coast coho salmon 

and Central California Coast steelhead 

to assess salmonid population 

distribution, abundance, and habitat in 

San Gregorio Creek, Pomponio Creek, 

and Pescadero Creek watersheds in San 

Mateo County, California. The research 

particularly seeks to identify the cause 

of annual fish die-off events in 

Pescadero Lagoon and recommend 

habitat restoration actions to prevent 

future fish die-off events from occurring. 

CDPR requests authorization for an 

estimated annual non-lethal take of 12 

adult Central California Coast coho 

salmon and 75 adult Central California 

Coast steelhead, with no more than a 

single (1) individual adult Central 

California Coast steelhead unintentional 

mortality to result from capture (by 

seine, weir-trap, or dip-net), 

anesthetizing, handling, fin-clipping, 

scale-sampling, passive integrated 

transponder (PIT)-tagging, visible 

implant elastomer (VIE)-tagging, and 

release of fish. CDPR requests 

authorization for an estimated annual 

non-lethal take of 40 juvenile Central 

California Coast coho salmon, with no 

more than 5 percent unintentional 

mortality to result from capture (by 

seine, fyke-net trap, electrofishing, or 

dip-net), handling, and release of fish; 

and an estimated annual non-lethal take 

of 1,520 juvenile Central California 

Coast steelhead, with no more than 7 

percent unintentional mortality to result 

from capture (by seine, fyke-net trap, 

electrofishing, or dip-net), anesthetizing, 

handling, fin-clipping, scale-sampling, 

PIT-tagging, VIE-tagging, and release of 

fish. In the event of any future fish dieoff events in Pescadero Lagoon, CDPR 

also requests authorization for an 

estimated annual take of 5 juvenile 

Central California Coast steelhead 

carcasses (previously dead individuals) 

and an estimated annual lethal-take of 5 

sick or injured juvenile Central 

California Coast steelhead to be lethally 

sacrificed for pathology analysis. 

Dated: July 13, 2007. 

Ann Garrett, 

Acting Chief, Endangered Species Division, 

Office of Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. E7–14116 Filed 7–20–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

Public Safety Interoperable 

Communications (PSIC) Grant 

Program 

AGENCY: National Telecommunications 

and Information Administration, 

Commerce. 

ACTION: Notice of Availability of Funds. 

SUMMARY: The Deficit Reduction Act of 

2005, Title III of the Deficit Reduction 

Act of 2005, directed the National 

Telecommunications and Information 

Administration (NTIA), in consultation 

with the Department of Homeland 

Security (DHS), to establish and 

implement a $1 billion grant program to 

assist public safety agencies in the 

acquisition of, deployment of, or 

training for the use of interoperable 

communications systems that utilize, or 

enable interoperability with 

communications systems that can 

utilize, reallocated public safety 

spectrum for radio communications. 

The Public Safety Interoperable 

Communications (PSIC) Grant Program 

is a one-time formula-based, matching 

grant program intended to enhance 

interoperable communications with 

respect to voice, data, and/or video 

signals. PSIC provides public safety 

agencies with the opportunity to 

achieve meaningful and measurable 

improvements to the state of public 

safety communications interoperability 

through the full and efficient use of 

telecommunications resources. 

DATES: This final rule is effective on July 

23, 2007. Each State and Territory must 

submit its application and narrative no 

later than 11:59 p.m. Eastern Daylight 

Time 30 days after publication in the 

Federal Register. Failure to properly 

register and apply for PSIC funds by the 

deadlines will result in forfeiture of the 

grant opportunity. Applications 

submitted by facsimile are not 

acceptable. 

ADDRESSES: To ensure a successful 

submission, a State Administrative 

Agency (SAA) must apply for PSIC 

Grant Program funding through the 

online Grants.gov system through the 

Authorized Organization Representative 

(AOR). Instructions to initiate the 

registration process is available on the 

Grants.gov website (www.grants.gov). 

Application forms and instructions are 

available at Grants.gov. The application 

package must be submitted through that 

Grants.gov. The program title listed in 

the CDFA is ‘‘PSIC Grant Program.’’ The 

CDFA number is 11.555. 

FOR FURTHER INFORMATION CONTACT: 

Laura Pettus, Program Specialist, Public 

Safety Interoperable Communications, 

telephone: (202) 482–5802; fax: (202) 

482–2156. Information about the PSIC 

can also be obtained electronically via 

the Internet at www.ntia.doc.gov/psic. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

The full funding opportunity 

announcement for the PSIC grant cycle 

is available through www.grants.gov or 

by contacting the PSIC website at: 

www.ntia.doc.gov/psic. 

Program Information 

The PSIC Grant Program will assist 

public safety agencies in the acquisition 

of, deployment of, or training for the use 


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of interoperable communications 

systems that utilize—or enable 

interoperability with communications 

systems that can utilize—reallocated 

public safety spectrum in the 700 

Megahertz (MHz) frequency band. While 

some regions may not be able to access 

the 700 MHz frequency band until 2009, 

public safety agencies are still eligible 

for funding to help meet their 

interoperability needs so long as the 

proposed solutions are designed to 

interoperate with the 700 MHz band in 

the future. NTIA is seeking solutions 

from public safety agencies that (1) 

Achieve meaningful and measurable 

improvements in the state of 

interoperability for public safety 

communications and (2) fill 

interoperability gaps identified in the 

Statewide Plans. 

NTIA recognizes that many solutions 

exist to achieve interoperability, and the 

PSIC Grant Program will not dictate a 

specific technology solution for public 

safety agencies. However, NTIA has 

identified the following technology and 

all hazards related priorities that States 

and Territories must consider when 

selecting projects for PSIC funding: 

1. Technology 

a. Adopt advanced technological 

solutions 

b. Improve spectrum efficiency 

c. Use cost-effective measures 

2. All Hazards Mitigation 

a. Improve communications in areas 

at high risk for natural disasters 

b. Continue to improve 

interoperability efforts in urban and 

metropolitan areas at high risk for 

threats of terrorism 

Funding Availability 

The PSIC Grant Program will make 

$968,385,000 available in grant awards. 

The table below identifies available 

PSIC funding for each State and 

Territory: 

Table 1 - PSIC State/Territory 

Allocation 

State/Territory PSIC Funding 

Alabama ................................ $13,585,399 

Alaska ................................... $7,250,345 

American Samoa .................. $691,948 

Arizona .................................. $17,713,050 

Arkansas ............................... $11,169,402 

California ............................... $94,034,510 

Colorado ............................... $14,336,638 

Connecticut ........................... $12,999,879 

Delaware ............................... $8,196,842 

District of Columbia .............. $11,857,972 

Florida ................................... $42,888,266 

Georgia ................................. $25,311,354 

Guam .................................... $2,600,678 

Hawaii ................................... $8,069,879 

Idaho ..................................... $7,289,795 

Table 1 - PSIC State/Territory 

Allocation—Continued 

State/Territory PSIC Funding 

Illinois .................................... $36,414,263 

Indiana .................................. $18,291,735 

Iowa ...................................... $10,935,974 

Kansas .................................. $10,667,169 

Kentucky ............................... $15,405,625 

Louisiana .............................. $19,672,287 

Maine .................................... $7,567,579 

Maryland ............................... $22,934,593 

Massachusetts ...................... $21,191,988 

Michigan ............................... $25,039,781 

Minnesota ............................. $14,262,071 

Mississippi ............................ $10,989,345 

Missouri ................................ $17,465,576 

Montana ................................ $6,549,685 

Nebraska .............................. $8,582,108 

Nevada ................................. $12,042,417 

New Hampshire .................... $5,966,760 

New Jersey ........................... $30,806,646 

New Mexico .......................... $8,288,725 

New York .............................. $60,734,783 

North Carolina ...................... $22,130,199 

North Dakota ........................ $7,052,490 

Northern Mariana Islands ..... $719,236 

Ohio ...................................... $29,377,337 

Oklahoma ............................. $11,684,183 

Oregon .................................. $12,182,532 

Pennsylvania ........................ $34,190,555 

Puerto Rico ........................... $9,590,025 

Rhode Island ........................ $7,365,694 

South Carolina ...................... $13,499,308 

South Dakota ........................ $6,549,691 

Tennessee ............................ $17,540,752 

Texas .................................... $65,069,247 

U.S. Virgin Islands ................ $856,907 

Utah ...................................... $10,353,261 

Vermont ................................ $4,476,761 

Virginia .................................. $25,012,521 

Washington ........................... $19,180,347 

West Virginia ........................ $8,429,484 

Wisconsin ............................. $15,367,216 

Wyoming ............................... $5,952,187 

Total ..................................... $968,385,000 

Statutory and Regulatory Authority 

PSIC grants are authorized by Section 

3006 of the Deficit Reduction Act of 

2005, Pub. L. No. 109–171, and Section 

4 of the Call Home Act of 2006, Pub. L. 

No. 109–459. 

Catalog of Domestic Federal Assistance 

11.555, Public Safety Interoperable 

Communications Grant Program 

Eligibility 

To apply for and receive a PSIC grant, 

an applicant must be one of the 56 

States and Territories. The Governor of 

each State has designated a State 

Administrative Agent (SAA), which can 

apply for and administer the funds 

under the PSIC Grant Program. The SAA 

is the only agency eligible to apply for 

PSIC funds. Additionally, the SAA is 

the grantee in the management and 

administration of all funds provided 

through this award. The SAA is 

responsible for obligating PSIC funds to 

eligible pass-through recipients. A 

recipient must be a public safety agency 

that is a State, local, or tribal 

government entity or nongovernmental 

organization authorized by such entity, 

whose sole or principal purpose is to 

protect safety of life, health, or property. 

Evaluation Criteria 

Eligible applicants must follow the 

three steps to apply for PSIC funds: 

submit an application and brief 

narrative, submit a Statewide 

Communications Interoperability Plan 

(Statewide Plan), and submit Investment 

Justification(s). The first step includes 

submitting an application on 

Grants.gov. NTIA and DHS program 

staff will review each application for 

completeness and adherence to PSIC 

program rules. Applications will be 

approved by the Assistant Secretary for 

Communications and Information, 

Department of Commerce, and PSIC 

funds will be awarded no later than 

September 30, 2007. The second step 

includes submitting a Statewide Plan, as 

required by Section I.C.5 of the 2006 

Homeland Security Grant Program 

Guidance and Application Kit. Each 

State and Territory must submit its final 

Statewide Plan by November 1, 2007. 

The Statewide Plan will be reviewed by 

peer and subject matter expert groups 

and approved by the Department of 

Homeland Security. NTIA will also 

review each Statewide Plan to ensure 

that States and Territories address the 

three PSIC requirements set forth below. 

The third step includes submitting 

Investment Justification(s), which must 

be submitted by November 1, 2007. The 

Investment Justifications are to be 

submitted in conjunction with final 

Statewide Plans to the National 

Preparedness Directorate (NPD) Secure 

Portal at https://odp.esportals.com. The 

Investment Justification(s) will also be 

reviewed by peer and subject matter 

expert groups as well as NTIA and DHS 

program staff. Based on the 

recommendations of the peer and 

subject matter expert groups and NTIA 

and DHS program staff, the Assistant 

Secretary for Communications and 

Information, will approve Investment 

Justifications. If the peer review and 

subject matter groups include any nonfederal employees no consensus advice 

will be provided by the groups. The 

applications and Investment 

Justification(s) are information 

collections subject to the Paperwork 

Reduction Act, and have been approved 

by the Office of Management and 

Budget under their respective OMB 

control numbers. See heading entitled 

Paperwork Reduction Act below. 


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1See 47 U.S.C. § 902(b)(2)(D),(H). 

Funding Priorities and Selection 

Factors 

NTIA recognizes that many solutions 

exist to achieve interoperability, and the 

PSIC Grant Program will not dictate the 

technology or approach for public safety 

agencies. However, NTIA has identified 

that when selecting projects for PSIC 

funding States and Territories must 

consider: (1) Technology, including 

adoption of advanced technological 

solutions, improved spectrum 

efficiency, and cost effective measures; 

and (2) solutions that support 

capabilities in response to all hazards 

approach regardless of their source or 

cause, including improving 

communications in areas at high risk for 

natural disasters and in urban and 

metropolitan areas at high risk for 

threats of terrorism. 

In addition, NTIA will review each 

Statewide Plan to ensure that States and 

Territories address the following three 

PSIC requirements: How public safety 

agencies will acquire, deploy, and train 

on communications systems that use—

or enable interoperability with 

communications systems that use—the 

public safety spectrum in the 700 

megahertz frequency band; how local 

and tribal government entities’

interoperable communications needs 

have been included in the planning 

process and how their needs are being 

addressed, if applicable; and how 

authorized nongovernmental 

organizations’ interoperable 

communications needs have been 

included in the planning process and 

how their needs are being addressed, if 

applicable. 

Cost Sharing Requirements 

The PSIC Grant Program requires cost 

sharing. By statute, each public safety 

agency receiving PSIC funds is required 

to meet and document the 20 percent 

statutory match requirement for each 

project. The SAA is required to track 

and report the 20 percent match 

requirement for each individual project 

that receives PSIC funds for efforts other 

than training, which do not require any 

match. The match requirements can be 

met through cash or in-kind sources 

consistent with 15 CFR §§ 24.3, 24.24. 

This documentation must demonstrate 

that match funds are from non-federal 

sources. As provided in 48 U.S.C. 

§ 1469a, the matching requirement does 

not apply to the first $200,000 in grant 

funds awarded to the Territorial 

governments in Guam, American 

Samoa, the U.S. Virgin Islands, and the 

Commonwealth of the Northern Mariana 

Islands. Training activities are excluded 

from this match requirement; however, 

training activities can make up no more 

than 20 percent of a State’s or 

Territory’s total investments. 

Intergovernmental Review 

This program is subject to the 

provisions of Executive Order 12372, 

which requires intergovernmental 

consultation with State and local 

officials. See 7 CFR Part 3015, subpart 

V. 

Universal Identifier 

The SAA must provide a Dun and 

Bradstreet (D&B) Data Universal 

Numbering System (DUNS) number 

with the PSIC application. This number 

is a required field within Grants.gov and 

for CCR Registration. Organizations 

should verify that they have a DUNS 

number or take the steps necessary to 

obtain one as soon as possible. 

(Applicants can receive a DUNS number 

at no cost by calling the dedicated tollfree DUNS Number request line at 1–

800–333–0505 or via the Internet 

(www.dunandbradstreet.com). 

Limitation of Liability 

In no event will the Department of 

Commerce be responsible for proposal 

preparation costs if this program fails to 

receive funding or is cancelled because 

of other agency priorities. Publication of 

this announcement does not obligate the 

agency to award any specific project or 

to obligate any available funds. 

Paperwork Reduction Act 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act (PRA), unless that 

collection displays a currently valid 

Office of Management and Budget 

(OMB) control number. The use of 

Standard Forms 424, 424A, 424B, 424D, 

and SF-LLL has been approved by OMB 

under the respective control numbers 

0348–0043, 0348–0044, 0348–0040, 

0348–0042, and 0348–0046. The 

Investment Justification is an element 

required under Standard Form 424A 

and has been approved by OMB under 

control number 0348–0044. 

Executive Order 12866 

This rule has been determined to be 

Economically Significant under 

Executive Order 12866. NTIA was 

directed by the Deficit Reduction Act of 

2005 to implement the PSIC Grant 

Program. The Act authorized NTIA to 

implement a grant program to assist 

public safety agencies in the acquisition 

of, deployment of, or training for the use 

of interoperable communications 

systems that utilize reallocated public 

safety spectrum for radio 

communications. The PSIC Grant 

Program will make $968,385,000 (2007) 

available in grant awards. This is a onetime transfer program where funds will 

be awarded no later than September 30, 

2007. 

Executive Order 13132, Federalism 

It has been determined that this notice 

does not contain policies with 

Federalism implications as that term is 

defined in Executive Order 13132. 

Administrative Procedure Act/ 

Regulatory Flexibility Act 

Prior notice and opportunity for 

public comment are not required by the 

Administrative Procedure Act or any 

other law for this rule concerning 

grants, benefits, and contracts (5 U.S.C. 

§ 553(a)(2)). Because notice and 

opportunity for comment are not 

required pursuant to 5 U.S.C. § 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. § 601 et seq.) 

are inapplicable. Therefore, a regulatory 

flexibility analysis has not been 

prepared. 

Congressional Review of Agency 

Rulemaking 

NTIA has submitted this final rule to 

the Congress and the Government 

Accountability Office under the 

Congressional Review of Agency 

Rulemaking Act, 5 U.S.C. § 801 et seq. 

The rule is a ‘‘major rule’’ within the 

meaning of the Act because it will result 

in an annual effect on the economy of 

$100,000,000 or more. The rule sets out 

the administrative procedures for 

making grants to State, local, tribal and 

other public safety agencies to improve 

their communications interoperability 

in response to manmade and natural 

disasters. NTIA will award 

$968,385,000 available in grants under 

this program. 

NTIA serves as the President’

principal adviser on 

telecommunications and information 

policies and its mission includes 

assisting the Executive Branch in the 

development of policies and standards 

related to interoperability, spectrum 

use, and emergency readiness.1

Improving public safety interoperable 

communications for our nation’s first 

responders has increasingly become a 

national priority in the wake of 

terrorism incidents, including 9/11, and 


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Federal Register / Vol. 72, No. 140 / Monday, July 23, 2007 / Notices 40123 

2See e.g., The 9/11 Commission Report, at 397 

(July 2004); Public Safety Communications from 9/ 

11 to Katrina: Critical Public Policy Lessons, 109th 

Cong. 1–4 (Sept. 29, 2005) (statement of 

Representative Fred Upton, Chairman, 

Subcommittee on Telecommunications and the 

Internet, House Committee on Energy and 

Commerce); Communications Interoperability - 

Session I, 109th Cong. (Sept 29, 2005) (statement of 

Senator Ted Stevens, Chairman, Committee on 

Commerce, Science, and Transportation, at http:// 

commerce.senate.gov/public/index.cfm? 

FuseAction=Hearings. 

Statement&StatementlID=126); The Federal 

Response to Hurricane Katrina Lesson Learned, at 

44 (Feb. 2006). 

natural disasters such as Hurricane 

Katrina.2

Consistent with that objective, 

Congress enacted and the President 

signed into law on February 8, 2006, the 

Digital Television and Public Safety Act 

of 2005, Title III of the Deficit Reduction 

Act of 2005. Among other things, this 

statute makes available analog television 

spectrum available for new 

communications services, including 

public safety interoperable 

communications in the 700 MHz band, 

by terminating television licenses in 

these frequencies on February 17, 2009. 

In addition, the Act requires the 

returned analog television spectrum be 

auctioned and the proceeds used to 

fund various new programs to promote 

the digital television transition, to 

improve public safety interoperable 

communications, and to reduce the 

deficit. 

Specifically, Section 3006 of the Act 

directs NTIA to establish and 

implement a $1 billion grant program to 

assist public safety agencies in the 

acquisition of, deployment of, or 

training for the use of interoperable 

communications systems that utilize, or 

enable interoperability with 

communications systems that can 

utilize, reallocated public safety 

spectrum for radio communications in 

the 700 MHz band. To spur the rapid 

distribution of these grant funds to our 

nation’s first responders, the Act 

authorizes NTIA to borrow the funds 

needed for the grants as of October 1, 

2006, well in advance of the receipt of 

auction proceeds. To further ensure the 

swift award of these grants to public 

safety agencies, Congress subsequently 

enacted and the President signed into 

law on December 22, 2006, the Call 

Home Act of 2006. Section 4 of this 

statute requires NTIA to make grant 

awards no later than September 30, 

2007. 

A 60–day delay in implementing this 

final rule would hamper NTIA’s mission 

to improve public safety interoperable 

communications and be contrary to 

clear Congressional intent as expressed 

in Section 3006 of the Deficit Reduction 

Act and Section 4 of the Call Home Act. 

If NTIA is not able to implement this 

program and make awards under this 

program before September 30, 2007, the 

$1 billion may not be available after 

September 30, 2007 for NTIA to fulfill 

its statutory mandate. In order for NTIA 

to comply with this statutory mandate, 

eligible entities must submit 

applications no later than 30 days after 

publication in the Federal Register. 

Thus, in compliance with section 808(2) 

of the Congressional Review of Agency 

Rulemaking Act, 5 U.S.C. § 808(2), for 

good cause, NTIA finds that notice and 

public comment on this final rule is 

impracticable and contrary to the public 

interest. Accordingly, this final rule is 

effective on July 23, 2007. 

Dated: July 18, 2007. 

John M.R. Kneuer, 

Assistant Secretary for Communications and 

Information. 

[FR Doc. 07–3569 Filed 7–20–07; 8:45 am] 

BILLING CODE 3510–60–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[OMB Control No. 9000–0135] 

Submission for OMB Review; 

Prospective Subcontractor Requests 

for Bonds 

AGENCIES: 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 (9000–0135). 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), the Federal 

Acquisition Regulation (FAR) 

Secretariat has submitted to the Office 

of Management and Budget (OMB) a 

request to review and approve an 

extension of a currently approved 

information collection requirement 

concerning Subcontractor Payments. A 

request for public comments was 

published in the Federal Register at 72 

FR 19187, April 17, 2007. No comments 

were 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 

respond, through the use of appropriate 

technological collection techniques or 

other forms of information technology. 

DATES: Comments may be submitted on 

or before August 22, 2007. 

ADDRESSES: Comments including 

suggestions for reducing this burden 

should be submitted to: FAR Desk 

Officer, OMB, Room 10102, NEOB, 

Washington, DC 20503, and a copy to 

the General Services Administration, 

FAR Secretariat (VIR), 1800 F Street, 

NW, Room 4035, Washington, DC 

20405. 

FOR FURTHER INFORMATION CONTACT Ms. 

Cecelia Davis, Contract Policy Division, 

GSA (202) 219–0202. 

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 USC 270a–270d). 

This collection requirement is mandated 

by Section 806 of the National Defense 

Authorization Act for Fiscal Years 1992 

and 1993 (P.L. 102–190), as amended by 

Section 2091 of the Federal Acquisition 

Streamlining Act of 1994 (P.L. 103–335). 

The clause at 52.228–12, Prospective 

Subcontractor Requests for Bonds, 

implements Section 806(a)(3) of P.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 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 


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