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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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