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Federal Register / Vol. 73, No.

67 / Monday, April 7, 2008 / Proposed Rules 18729

DEPARTMENT OF THE TREASURY DEPARTMENT OF THE TREASURY OFFICE OF PERSONNEL


MANAGEMENT
Internal Revenue Service Internal Revenue Service
48 CFR Part 1633
26 CFR Part 1 26 CFR Part 31 RIN 3206–AL35
[REG–127391–07]
[REG–111583–07] Federal Employees Health Benefits
RIN 1545–BH02
Acquisition Regulation: Board of
RIN 1545–BG50
Contract Appeals
Guidance Under Section 664 AGENCY: Office of Personnel
Regarding the Effect of Unrelated Employment Tax Adjustments; Hearing Management.
Business Taxable Income on
ACTION: Proposed rule.
Charitable Remainder Trusts; Hearing AGENCY: Internal Revenue Service (IRS),
Treasury. SUMMARY: The Office of Personnel
AGENCY: Internal Revenue Service (IRS),
Treasury. ACTION: Cancellation of notice of public Management (OPM) is issuing a
hearing on proposed rulemaking. proposed rule to remove the designation
ACTION: Cancellation of notice of public
of the Armed Services Board of Contract
hearing on proposed rulemaking. Appeals (ASBCA) from the Federal
SUMMARY: This document cancels a
SUMMARY: This document cancels a Employees Health Benefits Acquisition
public hearing on proposed rulemaking
public hearing on proposed rulemaking Regulation (FEHBAR). The ASBCA
relating to employment tax adjustments designation is no longer appropriate
providing guidance under Internal and employment tax refund claims.
Revenue Code section 664 on the tax since the creation of the Civilian Board
effect of unrelated business taxable DATES: The public hearing, originally of Contract Appeals by the National
income (UBTI) on charitable remainder scheduled for April 17, 2008, at 10 a.m., Defense Authorization Act of 2006.
trusts. is cancelled. DATES: Effective Date: Effective May 7,
DATES: The public hearing, originally 2008.
FOR FURTHER INFORMATION CONTACT:
scheduled for April 11, 2008, at 10 a.m., ADDRESSES: You may submit written
Richard A. Hurst of the Publications and
is cancelled. comments, identified by RIN 3206–
Regulations Branch, Legal Processing
FOR FURTHER INFORMATION CONTACT: AL35, by any of the following methods:
Division, Associate Chief Counsel
Richard A. Hurst of the Publications and • Federal eRulemaking Portal: http://
(Procedure and Administration), at www.regulations.gov. Follow the
Regulations Branch, Legal Processing Richard.A.Hurst@irscounsel.treas.gov.
Division, Associate Chief Counsel instructions for submitting comments.
(Procedure and Administration), at SUPPLEMENTARY INFORMATION: A notice • E-mail:
Richard.A.Hurst@irscounsel.treas.gov. of public hearing that appeared in the marguerite.martel@opm.gov. Include
Federal Register on Monday, December RIN 3206–AL35 in the subject line of
SUPPLEMENTARY INFORMATION: A notice the message.
31, 2007 (72 FR 74233), announced that
of public hearing that appeared in the • Fax: 202–606–0633.
a public hearing was scheduled for
Federal Register on Friday, March 7, • Mail: Marguerite Martel, 1900 E
2008 (73 FR 12313), announced that a April 17, 2008, at 10 a.m., in the Street, NW., Room 3415, Washington,
public hearing was scheduled for April auditorium, Internal Revenue Building, DC 20415. 202–606–0004.
11, 2008, at 10 a.m., in the auditorium, 1111 Constitution Avenue, NW., Instructions: All submissions received
Internal Revenue Building, 1111 Washington, DC. The subject of the must include the agency name and
Constitution Avenue, NW., Washington, public hearing is under sections 6011, docket number or Regulatory
DC. 6205, 6302, 6402, 6413, and 6414 of the Information Number (RIN) for this
The subject of the public hearing is Internal Revenue Code. rulemaking.
under section 664 of the Internal The public comment period for these SUPPLEMENTARY INFORMATION: The
Revenue Code. regulations expired on March 27, 2008. Contract Disputes Act (41 U.S.C. 601–
The public comment period for these Outlines of topics to be discussed at the 613) (CDA) allows Federal Government
regulations will be expired on May 6, hearing were due on March 27, 2008. contractors, including carriers
2008. Outlines of topics to be discussed
The notice of proposed rulemaking and participating in the Federal Employees
at the hearing were due on March 28,
notice of public hearing instructed those Health Benefits (FEHB) Program, to
2008. The notice of proposed
interested in testifying at the public appeal official decisions made by a
rulemaking and notice of public hearing
hearing to submit an outline of the contracting officer to an agency board of
instructed those interested in testifying
topics to be addressed. As of Friday, contract appeals. Prior to the enactment
at the public hearing to submit an
March 28, 2008, no one has requested to of the National Defense Authorization
outline of the topics to be addressed. As
speak. Therefore, the public hearing Act of 2006 (NDAA), the CDA
of Monday, March 31, 2008, no one has
scheduled for April 17, 2008, is authorized each agency to create their
requested to speak. Therefore, the
cancelled. own board or, in the alternative, to
public hearing scheduled for April 11,
designate another agency’s board for
2008, is cancelled. Cynthia Grigsby, this purpose. Previously, the Armed
Services Board of Contract Appeals
rfrederick on PROD1PC67 with PROPOSALS

Cynthia Grigsby, Acting Chief, Publications and Regulations


Acting Chief, Publications and Regulations Branch, Legal Processing Division, Associate (ASBCA) served as the agency board of
Branch, Legal Processing Division, Associate Chief Counsel (Procedure and contract appeals for appeals between
Chief Counsel (Procedure and Administration). FEHB carriers and the Office of
Administration). [FR Doc. E8–7224 Filed 4–4–08; 8:45 am] Personnel Management (OPM).
[FR Doc. E8–7225 Filed 4–4–08; 8:45 am] BILLING CODE 4830–01–P The NDAA of 2006, in addition to
BILLING CODE 4830–01–P eliminating agency board designation

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18730 Federal Register / Vol. 73, No. 67 / Monday, April 7, 2008 / Proposed Rules

authority, dismantled most existing 13258, which merely assigns Civilian Board of Contract Appeals by
agency boards, creating as a replacement responsibility of duties) directs agencies the National Defense Authorization Act
the Civilian Board of Contract Appeals to assess all costs and benefits of of 2006.
(CBCA) with authority extending to available regulatory alternatives and, if DATES: Effective Date: Effective May 7,
most civilian agencies, including OPM. regulation is necessary, to select 2008.
Accordingly, the CBCA has now regulatory approaches that maximize ADDRESSES: You may submit written
replaced the ASBCA as the venue for net benefits (including potential comments, identified by RIN 3206–
claims brought under the Act for the economic, environmental, public health AL46, by any of the following methods:
FEHB Program. OPM is updating the and safety effects, distributive impacts, • Federal eRulemaking Portal: http://
FEHBAR to reflect this change in the and equity). A regulatory impact www.regulations.gov. Follow the
law. analysis (RIA) must be prepared for instructions for submitting comments.
Collection of Information Requirement major rules with economically • E-mail:
significant effects ($100 million or more marguerite.martel@opm.gov. Include
This rulemaking makes a minor in any one year). This rule is not RIN 3206–AL46 in the subject line of
clarifying amendment to the Federal considered a major rule, as defined in the message.
Employees Health Benefits Acquisition title 5, United States Code, section • Fax: 202–606–0633.
Regulations. The rule does not impose 804(2), because we estimate it will affect • Mail: Marguerite Martel, 1900 E
information collection and only FEHB carriers. Any resulting Street, NW., Room 3415, Washington,
recordkeeping requirements that meet economic impact would not be expected DC 20415. 202–606–0004.
the definition of the Paperwork to exceed the dollar threshold. Instructions: All submissions received
Reduction Act of 1995’s term must include the agency name and
‘‘collection of information,’’ which Executive Order 12866, Regulatory
Review docket number or Regulatory
means obtaining, causing to be obtained, Information Number (RIN) for this
soliciting, or requiring the disclosure to This rule has been reviewed by the rulemaking.
third parties or the public, of facts or Office of Management and Budget in
opinions by or for an agency, regardless accordance with Executive Order 12866. SUPPLEMENTARY INFORMATION: The
of form or format, calling for either Contract Disputes Act (41 U.S.C. 601–
answers to identical questions posed to, List of Subjects in 48 CFR Part 1633 613) (CDA) allows Federal Government
or identical reporting or recordkeeping Government employees, Government contractors, including carriers
requirements imposed on ten or more procurement, Health insurance. participating in the Federal Employees
persons, other than agencies, Group Life Insurance (FEGLI) Program,
instrumentalities, or employees of the Office of Personnel Management. to appeal official decisions made by a
United States; or answers to questions Linda M. Springer, contracting officer to an agency board of
posed to agencies, instrumentalities, or Director. contract appeals. Prior to the enactment
employees of the United States which Accordingly, by the authority of 5 of the National Defense Authorization
are to be used for general statistical U.S.C. 8913; 41 U.S.C. 401 et seq.; 48 Act of 2006 (NDAA), the CDA
purposes. Consequently, it need not be CFR 1.301, OPM is amending chapter 16 authorized each agency to create their
reviewed by the Office of Management of title 48 of the Code of Federal own board or, in the alternative, to
and Budget under the authority of the Regulations by removing part 1633: designate another agency’s board for
Paperwork Reduction Act of 1995 (44 this purpose. Previously, the Armed
U.S.C. 3501 et seq.). PART 1633—[REMOVED AND Services Board of Contract Appeals
RESERVED] (ASBCA) served as the agency board of
Regulatory Flexibility Act contract appeals for appeals between the
[FR Doc. E8–7152 Filed 4–4–08; 8:45 am]
The Regulatory Flexibility Act (RFA) FEGLI carrier and the Office of
BILLING CODE 6325–39–P
requires agencies to analyze options for Personnel Management (OPM).
regulatory relief of small businesses. For The NDAA of 2006, in addition to
purposes of the RFA, small entities OFFICE OF PERSONNEL eliminating agency board designation
include small businesses, nonprofit MANAGEMENT authority, dismantled most existing
organizations, and government agencies agency boards, creating as a replacement
with revenues of $11.5 million or less in 48 CFR Part 2133 the Civilian Board of Contract Appeals
any one year. This rulemaking affects (CBCA) with authority extending to
FEHB Program carriers and their RIN 3206–AL46 most civilian agencies, including OPM.
contractual arrangements that exceed Accordingly, the CBCA has now
Federal Employees Group Life
the dollar threshold. Therefore, I certify replaced the ASBCA as the venue for
Insurance Federal Acquisition
that this regulation will not have a claims brought under the Act for the
Regulation: Board of Contract Appeals
significant economic impact on a FEGLI Program. OPM is updating the
substantial number of small entities. AGENCY: Office of Personnel LIFAR to reflect this change in the law.
Management.
Regulatory Impact Analysis Collection of Information Requirement
ACTION: Proposed rule.
We have examined the impact of this This rulemaking makes a minor
proposed rule as required by Executive SUMMARY: The Office of Personnel clarifying amendment to the Federal
Order 12866 (September 1993, Management (OPM) is issuing a Employees Group Life Insurance
Regulatory Planning and Review), the proposed rule to remove the designation Federal Acquisition Regulations. The
rfrederick on PROD1PC67 with PROPOSALS

RFA (September 16, 1980, Pub. L. 96– of the Armed Services Board of Contract rule does not impose information
354), section 1102(b) of the Social Appeals (ASBCA) from the Federal collection and recordkeeping
Security Act, the Unfunded Mandates Employees Group Life Insurance requirements that meet the definition of
Reform Act of 1995 (Pub. L. 104–4), and Federal Acquisition Regulation (LIFAR). the Paperwork Reduction Act of 1995’s
Executive Order 13132. Executive Order The ASBCA designation is no longer term ‘‘collection of information,’’ which
12866 (as amended by Executive Order appropriate since the creation of the means obtaining, causing to be obtained,

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