Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 63419 

TABLE 2—FOSSIL FUEL REDUCTION

MULTIPLIER BY FISCAL YEAR FOR

WHICH DESIGN FOR CONSTRUCTION

BEGAN

Fiscal year Reduction 

multiplier 

2012–2014 ................................ 0.45 

2015–2019 ................................ 0.35 

2020–2024 ................................ 0.20 

2025–2029 ................................ 0.10 

2030 and beyond ...................... 0.00 

(5) All building energy usage, 

including estimated receptacle and plug 

loads, must be included in the 

calculation in Table 2 of this section. 

(f)(1) Upon petition by an agency 

subject to this section, the Secretary 

may adjust the applicable numeric 

requirement in paragraph (e) of this 

section with respect to a specific 

building, if: 

(i) The head of the agency designing 

the building certifies in writing that 

meeting such requirement would be 

technically impracticable in light of the 

agency’s specified functional needs for 

that building; 

(ii) The head of the agency designing 

the building demonstrates that the 

requested adjustment is the largest 

feasible reduction in fossil fuelgenerated consumption that can 

reasonably be achieved; and 

(iii) The Secretary concurs with the 

agency’s conclusion. 

(2) This adjustment shall not apply to 

the General Services Administration. 

12. Section 435.5 is revised to read as 

follows: 

§ 435.5 Performance level determination. 

(a) For new Federal low-rise 

residential buildings whose design for 

construction started on or after January 

3, 2007, each Federal agency shall 

determine energy consumption levels 

for both the baseline building and 

proposed building by using the 

Simulated Performance Alternative 

found in section 404 of the ICC 

International Energy Conservation Code, 

2004 Supplement Edition, January 2005 

(incorporated by reference; see § 435.3). 

(b) Subject to § 435.4(d), each Federal 

agency shall calculate the fossil fuelgenerated energy consumption of a 

proposed design by the following 

formula: 

Proposed Design Fossil Fuel-Generated 

Energy Consumption = (Proposed 

Design Electricity Consumption × 

Electricity Source Energy Factor × 

Electricity Fossil Fuel-Generation 

Ratio) + Direct Fossil Fuel 

Consumption of Proposed Design 

(c) Subject to § 435.4(d), if the fossil 

fuel-generated energy consumption of 

the proposed design is equal to or less 

than the applicable maximum allowable 

fossil fuel-generated energy 

consumption value in § 435.4(e), the 

proposed design complies with the 

fossil fuel-generated energy 

consumption reduction requirement in 

§ 435.4. If the fossil fuel-generated 

energy consumption of the proposed 

design is greater than the applicable 

maximum allowable fossil fuelgenerated energy consumption value in 

§ 435.4(e), the building does not comply 

with the fossil fuel-generated energy 

consumption reduction requirement in 

§ 435.4, and the agency must either 

modify the design until the design 

complies with the requirement, or 

request and receive approval from the 

Secretary for a downward adjustment of 

the requirement. 

[FR Doc. 2010–25852 Filed 10–14–10; 8:45 am] 

BILLING CODE 6450–01–P 

SMALL BUSINESS ADMINISTRATION 

13 CFR Part 115 

RIN 3245–AG14 

Surety Bond Guarantee Program; 

Timber Sales 

AGENCY: Small Business Administration. 

ACTION: Proposed rule. 

SUMMARY: The Small Business 

Administration (SBA) proposes to 

amend its Surety Bond Guarantee 

Program rules to guarantee performance 

bonds for timber sale contracts awarded 

by the Federal Government or other 

public or private landowners. 

DATES: Comments must be received on 

or before November 15, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 3245–AG14, by any of 

the following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Office of Surety Guarantees, 

Suite 8600, 409 Third Street, SW., 

Washington, DC 20416. 

Hand Delivery/Courier: Office of 

Surety Guarantees, 409 Third Street, 

SW., Washington, DC 20416. 

SBA will post all comments on http:// 

www.regulations.gov. If you wish to 

submit confidential business 

information (CBI) as defined in the User 

Notice at http://www.regulations.gov, 

please submit information to Ms. 

Barbara Brannan, Special Assistant, 

Office of Surety Guarantees, 409 Third, 

Street, SW., Washington, DC 20416 or 

send an e-mail to 

Barbara.brannan@sba.gov. Highlight the 

information that you consider to be CBI 

and explain why you believe SBA 

should hold this information as 

confidential. SBA will review the 

information and make the final 

determination whether it will publish 

the information. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Barbara Brannan, Office of Surety 

Guarantees, 202–205–6545, e-mail: 

Barbara.brannan@sba.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

The Forest Service of the U.S. 

Department of Agriculture (USDA) 

manages the National Forest System, 

and may permit the harvesting of timber 

on National Forest System lands in 

exchange for the payment of an agreed 

upon sum of money. More information 

on that program is available at the Web 

site of the USDA Forest Service at 

http://www.fs.fed.us. Under regulations 

issued by the Forest Service, these 

timber sale contracts may require the 

purchaser to furnish a performance 

bond for satisfactory compliance with 

the contract terms. 36 CFR 223.35. 

Generally, the Performance Bond, as 

defined in 13 CFR 115.10, ensures that 

the Principal, as defined in 13 CFR 

115.10, complies with all contract terms 

and conditions associated with forest 

management, such as the protection of 

natural resources, soil, water, erosion 

control, and road maintenance, as well 

as to ensure the Principal does not cut 

any trees that are expressly excluded 

from harvesting in the contract. In the 

process of cutting and transporting the 

logs, for example, forest roads may be 

damaged and the Principal is 

responsible for repairing the roads. The 

performance period for most timber sale 

contracts ranges from one to three years, 

and some can exceed five years. 

With respect to a Performance Bond 

involving the sale of timber on land 

managed by USDA, the Federal 

Government is the Obligee, as defined 

in 13 CFR 115.10, and the purchaser of 

the timber is the Principal. Unlike the 

typical contract for supplies or services 

where the Obligee pays the Principal for 

providing supplies or rendering 

services, the Principal in the timber sale 

contract is paying the Obligee for the 

right to cut the designated trees. 

However, under the definition of 

‘‘Contract’’ in 13 CFR 115.10, a contract 

for which SBA may issue a Surety Bond 

Guarantee cannot include a contract 

requiring any payment by the Principal 

to the Obligee. Thus, SBA cannot 

presently guarantee a bond for a timber 

sales contract. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

63420 Federal Register / Vol. 75, No. 199 / Friday, October 15, 2010 / Proposed Rules 

SBA is proposing to amend this 

definition to permit SBA to issue a bond 

guarantee for a contract that requires the 

Principal to pay the Obligee for the 

harvesting of timber. This action is 

being taken in response to concerns 

expressed by small businesses that have 

experienced difficulty obtaining the 

required bonds for public and private 

timber sale contracts. Discussions with 

representatives of the United States 

Forest Service confirm the need for 

increased bonding support for small 

businesses in this area, and it is 

estimated that approximately 150 small 

businesses would be eligible for bond 

guarantee assistance as a result of 

implementing this Proposed Rule. This 

change would apply to contracts 

involving forests managed by the 

Federal Government or other public or 

private landowners. SBA invites 

comments from public and private 

entities and individuals on how this 

proposed rule would affect them. 

II. Section-by-Section Analysis 

Section 115.10. SBA is proposing to 

revise the definition of the term 

‘‘Contract’’ to allow SBA to issue a 

performance bond guarantee for a 

contract that requires the Principal to 

pay the Obligee for the harvesting of 

timber on the land of the Obligee. The 

current definition excludes any contract 

that requires payment by the Obligee to 

the Principal. Because this kind of 

payment is inherent in timber sale 

contracts, the proposed change makes it 

clear that timber sale contracts are 

eligible for performance bond 

guarantees. 

Compliance With Executive Orders 

12866, 12988, and 13132, the 

Paperwork Reduction Act (44 U.S.C. Ch. 

35), and the Regulatory Flexibility Act (5 

U.S.C. 601–612) 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has determined that this rule 

does not constitute a significant 

regulatory action under Executive Order 

12866. This rule is also not a major rule 

under the Congressional Review Act. 

Executive Order 12988 

This action meets applicable 

standards set forth in Sections 3(a) and 

3(b)(2) of Executive Order 12988, Civil 

Justice Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. The action does not have 

retroactive or preemptive effect. 

Executive Order 13132 

For purposes of Executive Order 

13132, SBA has determined that the rule 

will not have substantial, direct effects 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Therefore, 

for the purpose of Executive Order 

13132, Federalism, SBA has determined 

that this Proposed Rule has no 

federalism implications warranting 

preparation of a federalism assessment; 

however, SBA invites comments from 

the public on this issue. 

Paperwork Reduction Act, 44 U.S.C., 

Ch. 35 

SBA has determined that this 

Proposed Rule does not impose 

additional reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act, 44 U.S.C., Chapter 35. 

Regulatory Flexibility Act, 5 U.S.C. 601– 

612 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601, requires administrative 

agencies to consider the effect of their 

actions on small entities, small nonprofit enterprises, and small local 

governments. Pursuant to RFA, when an 

agency issues a rulemaking, the agency 

must prepare a regulatory flexibility 

analysis which describes the impact of 

this rule on small entities. However, 

section 605 of the RFA allows an agency 

to certify a rule, in lieu of preparing an 

analysis, if the rulemaking is not 

expected to have a significant economic 

impact on a substantial number of small 

entities. Within the meaning of RFA, 

SBA certifies that this rule will not have 

a significant economic impact on a 

substantial number of small entities. It 

is estimated that approximately 150 

small businesses would now be eligible 

for bond guarantee assistance from SBA 

as a result of implementing this 

Proposed Rule. Additionally, there are 

17 Sureties that participate in the SBG 

Program, and no part of this Proposed 

Rule would impose any significant 

additional cost or burden on them. 

List of Subjects in 13 CFR Part 115 

Claims, Small businesses, Surety 

bonds. 

For the reasons stated in the 

preamble, SBA proposes to amend 13 

CFR part 115 as follows: 

PART 115—SURETY BOND 

GUARANTEE 

1. The authority citation for part 115 

continues to read as follows: 

Authority: 5 U.S.C. app. 3, 15 U.S.C. 687b, 

687c, 694b, 694b note, Pub. L. 106–554; and 

Pub. L. 108–447, Div. K, Sec. 203. 

2. Amend § 115.10 by revising the 

third sentence of the definition 

‘‘Contract’’ to read as follows: 

§ 115.10 Definitions. 

* * * * * 

Contract * * * A Contract does not 

include a permit, subdivision contract, 

lease, land contract, evidence of debt, 

financial guarantee (e.g., a contract 

requiring any payment by the Principal 

to the Obligee, except for contracts for 

the sale of timber that require the 

Principal to pay the Obligee), warranty 

of performance or efficiency, warranty 

of fidelity, or release of lien (other than 

for claims under a guaranteed bond). 

* * * 

* * * * * 

Dated: October 8, 2010. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2010–25999 Filed 10–14–10; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0959; Directorate 

Identifier 2010–NM–119–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. Model BD–700–1A10 and BD–700– 

1A11 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing 

airworthiness information (MCAI) 

originated by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: 

There have been two in-service reports of 

main landing gear (MLG) tire failure on 

landing, during which a flailing tire tread 

caused damage to No. 2 and No. 3 hydraulic 

system lines in the wing auxiliary spar area 

on the left side of the aircraft. This damage 

resulted in the loss of supply pressure to the 

inboard and outboard brakes, as the only 

remaining braking source available was the 

No. 3 hydraulic system accumulator. The 

degradation of the brake system performance 

could adversely affect the aircraft during 

landing. 

* * * * * 

mstockstill on DSKH9S0YB1PROD with PROPOSALS