Management and Budget Office – Federal Register Recent Federal Regulation Documents

The Office of Management and Budget revised Circular A-94 in 1992. The revised Circular specified certain discount rates to be updated annually when the interest rate and inflation assumptions used to prepare the budget of the United States government were changed. These discount rates are found in Appendix C of the revised Circular. The updated discount rates are shown below. The discount rates in Appendix C are to be used for cost-effectiveness analysis, including lease-purchase analysis, as specified in the revised Circular. They do not apply to regulatory analysis.

The Office of Management and Budget (OMB) requests comments on the Draft Joint Report on the Review of the Application of European Union (EU) and United States (U.S.) Regulatory Impact Assessment Guidelines on the Analysis of Impacts on International Trade and Investment. The full Draft Report is available at https:// www.whitehouse.gov/omb/inforeg/regpol.html#opp. This joint draft report was prepared by the Secretariat General of the European Commission and the OMB's Office of Information and Regulatory Affairs (OIRA) as part of an EC-OMB dialogue on methodological issues for consideration at the November 9th, 2007 meeting in Washington, DC of the U.S.-EU Transatlantic Economic Council.

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.), the Office of Management and Budget (OMB) invites the general public and Federal agencies to comment on a renewal of an information collection with revisions that would affect two types of entities: (1) The reports of auditors to auditees concerning audit results, audit findings, and questioned costs, and (2) reports from auditees to the Federal Government providing information about the auditees, the awards they administer, and the audit results. These collection efforts are required by the Single Audit Act Amendments of 1996 (31 U.S.C. 7501, et seq.) and OMB Circular A-133, ``Audits of States, Local Governments, and Non-Profit Organizations.'' Included as part of this information collection is the Data Collection Form (SF-SAC). The changes being proposed are to modify the data elements collected on the SF-SAC to update the internal control terminology and related definitions used in OMB Circular A-133, ``Audits of States, Local Governments, and Non-Profit Organizations,'' the American Institute of Certified Public Accountants and the Government Accountability Office. The current Form SF-SAC is being used for audit periods ending in 2004, 2005, 2006 and 2007. A revised Form SF-SAC will be used for audit periods ending in 2008, 2009, and 2010. Additionally, OMB is interested in receiving comments on the requirement to submit the Data Collection Form (SF-SAC) and the single audit reporting packages electronically. Currently, more than 87% of the SF-SAC are filed electronically. Electronic submission would streamline the submission process, reduce the administrative burden and satisfy the Bureau of Census to fully comply with the Government Paperwork Elimination Act (Pub. L. 105-277).

By virtue of the authority vested in the President by section 2(a) of Pub. L. 87-603 (76 Stat. 593; 42 U.S.C. 2652), and delegated to the Director of the Office of Management and Budget by the President through Executive Order No. 11541 of July 1, 1970, the rates referenced below are hereby established. These rates are for use in connection with the recovery from tortiously liable third persons for the cost of outpatient medical, dental and pharmacy services furnished by military treatment facilities through the Department of Defense (DoD). The rates have been established in accordance with the requirements of OMB Circular A-25, requiring reimbursement of the full cost of all services provided. The outpatient medical and dental rates referenced are effective upon publication of this notice in the Federal Register and will remain in effect until further notice. Pharmacy rates are updated periodically. The inpatient rates, published on December 9, 2002, remain in effect until further notice. A full analysis of the rates is posted at the DoD's Uniform Business Office Web Site: https:// www.tricare.mil/ocfo/docs/CY07%20Reimbursement%20Rates11.pdf. The rates can be found at: https://www.tricare.mil/ocfo/mcfs/ubo/mhs rates.cfm.

The Federal Activities Inventory Reform (FAIR) Act, Public Law 105-270, requires agencies to develop inventories each year of activities performed by their employees that are not inherently governmentali.e., inventories of commercial activities. The FAIR Act further requires OMB to review the inventories in consultation with the agencies and publish a notice of public availability in the Federal Register after the consultation process is completed. In accordance with the FAIR Act, OMB is publishing this notice to announce the availability of inventories from the agencies listed below. These inventories identify both commercial activities and activities that are inherently governmental. This is the third and final release of the FAIR Act inventories for FY 2006. Interested parties who disagree with the agency's initial judgment may challenge the inclusion or the omission of an activity on the list of activities that are not inherently governmental within 30 working days and, if not satisfied with this review, may appeal to a higher level within the agency. The Office of Federal Procurement Policy has made available a FAIR Act User's Guide through its Internet site: https://www.whitehouse.gov/ omb/procurement/fair-index.html. This User's Guide will help interested parties review FY 2006 FAIR Act inventories.

Under 44 U.S.C. 3504(e), the Office of Management and Budget (OMB) is soliciting public comment on a proposal to issue a new Statistical Policy Directive for the release and dissemination of statistical products produced by Federal statistical agencies. In its role as coordinator of the Federal statistical system, 44 U.S.C. 3504(e) requires OMB, among other responsibilities, to ensure the efficiency and effectiveness of the system as well as the integrity, objectivity, impartiality, utility, and confidentiality of information collected for statistical purposes. It also requires OMB to develop and oversee the implementation of Governmentwide policies, principles, standards, and guidelines concerning the presentation and dissemination of statistical information. The 2001 Information Quality Act (Pub. L. 106-554, Sec. 1(a)(3) [title V, Sec. 515], Dec. 21, 2000, 114 Stat. 2763, 2763A-153, 44 U.S.C. Section 3516 note) similarly requires OMB, as well as all other Federal agencies, to maximize the quality, objectivity, utility, and integrity of information, including statistical information, provided to the public. To operate efficiently and effectively, our democracy relies on the flow of objective, credible statistics to support the decisions of governments, businesses, households, and other organizations. Any loss of trust in the integrity of the Federal statistical system and its products could lessen respondent cooperation with Federal statistical surveys, decrease the quality of statistical system products, and foster uncertainty about the validity of measures our Nation uses to monitor and assess its performance and progress. To further support the quality and integrity of Federal statistical information, OMB is proposing a new Statistical Policy Directive designed to preserve and enhance the objectivity and transparency, in fact and in perception, of the processes used to release and disseminate the Government's statistical products. The procedures in the proposed directive are intended to ensure that statistical data releases adhere to data quality standards through equitable, policy- neutral, and timely release of information to the general public. Additional discussion of the proposal and a draft of the directive may be found in the SUPPLEMENTARY INFORMATION section below. OMB is seeking public comment on the desirability of issuing the proposed directive as well as suggestions to improve its clarity, efficiency, and usefulness.

The Office of Federal Procurement Policy, Cost Accounting Standards (CAS) Board, has adopted, without change, a final rule to provide an exemption for T&M/LH contracts for commercial items. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy Act.

In accordance with the Small Business Paperwork Relief Act of 2002 (44 U.S.C. 3520), the Office of Management and Budget (OMB) is publishing a ``list of the compliance assistance resources available to small businesses'' and a list of the points of contacts in agencies ``to act as a liaison between the agency and small business concerns'' with respect to the collection of information and the control of paperwork. This information is posted on the following Web site: https:// www.business.gov/complianceresources.

The Cost Accounting Standards (CAS) Board is proposing to add a clause for inclusion in CAS-covered contracts and subcontracts awarded to foreign concerns. The Board is taking this action to provide a standard clause for use by Government and contractor personnel in applying the CAS requirements to contracts and subcontracts awarded to foreign concerns.

The Office of Federal Procurement Policy, Cost Accounting Standards (CAS) Board, has adopted, without change from the interim rule, a final rule revising the criteria applicable to United Kingdom (UK) contractors for filing a Disclosure Statement, Form No. CASB DS-1. This rulemaking is authorized pursuant to Section 26 of the Office of Federal Procurement Policy Act.

The Federal Activities Inventory Reform (FAIR) Act, Public Law 105-270, requires agencies to develop inventories each year of activities performed by their employees that are not inherently governmentali.e., inventories of commercial activities. The FAIR Act further requires OMB to review the inventories in consultation with the agencies and publish a notice of public availability in the Federal Register after the consultation process is completed. In accordance with the FAIR Act, OMB is publishing this notice to announce the availability of inventories from the agencies listed below. These inventories identify both commercial activities and activities that are inherently governmental. This is the first release of the FAIR Act inventories for FY 2006. Interested parties who disagree with the agency's initial judgment may challenge the inclusion or the omission of an activity on the list of activities that are not inherently governmental within 30 working days and, if not satisfied with this review, may appeal to a higher level within the agency. The Office of Federal Procurement Policy has made available a FAIR Act User's Guide through its Internet site: https://www.whitehouse.gov/ omb/procurement/fair-index.html. This User's Guide will help interested parties review FY 2006 FAIR Act inventories.

The Office of Management and Budget (OMB) requests comments on its 2007 Draft Report to Congress on the Costs and Benefits of Federal Regulations. The full Draft Report is available at https:// www.whitehouse.gov/omb/inforeg/regpol-reportscongress.html, and is divided into four chapters. Chapter I examines the costs and benefits of major Federal regulations issued in fiscal year 2006 and summarizes the costs and benefits of major regulations issued between September 1996 and 2006. It also discusses regulatory impacts on State, local, and tribal governments, small business, wages, and economic growth. Chapter II examines trends in regulation since OMB began to compile benefit and cost estimates records in 1981. Chapter III provides an update on implementation of the Information Quality Act, and Chapter IV summarizes agency compliance with the Unfunded Mandates Reform Act.

The Office of Management and Budget revised Circular A-94 in 1992. The revised Circular specified certain discount rates to be updated annually when the interest rate and inflation assumptions used to prepare the budget of the United States Government were changed. These discount rates are found in Appendix C of the revised Circular. The updated discount rates are shown below. The discount rates in Appendix C are to be used for cost-effectiveness analysis, including lease-purchase analysis, as specified in the revised Circular. They do not apply to regulatory analysis.

OMB is updating the civilian position full fringe benefit cost factor used to compute the estimated cost of government performance in public-private competitions conducted pursuant to Office of Management and Budget (OMB) Circular A-76. The civilian position full fringe benefit cost factor is comprised of four separate elements: (1) Insurance and health benefits, (2) standard civilian retirement benefits, (3) Medicare benefits, and (4) miscellaneous fringe benefits. OMB is updating the insurance and health benefits and standard civilian retirement benefits cost elements based on actuarial analyses provided by the Office of Personnel Management. OMB is also updating the annual Federal pay raise assumptions and inflation cost factors used for computing the government's personnel and non-pay costs in Circular A-76 public-private competitions. These annual pay raise assumptions and inflation factors are based on the President's Budget for Fiscal Year 2007. The tax rate tables used in connection with Circular A-76 competitions have also been revised. 2

As part of an ongoing effort to improve the quality, objectivity, utility, and integrity of information collected and disseminated by the Federal Government, the Office of Management and Budget (OMB) is issuing revised Standards and Guidelines for Statistical Surveys. OMB proposed revised standards and requested public comment on July 14, 2005 (70 FR 40746-40747). The proposed standards were based on recommendations from the Federal Committee on Statistical Methodology's (FCSM) Subcommittee on Standards for Statistical Surveys whose charge was to update and revise OMB Statistical Policy Directive No. 1, Standards for Statistical Surveys, and OMB Statistical Policy Directive No. 2, Publication of Statistics. The guidance, which applies to all Federal agencies subject to the Paperwork Reduction Act of 1995, is intended to ensure that the results of statistical surveys sponsored by the Federal Government are as reliable and useful as possible. OMB received six public comments on the proposed standards and has made some modifications to the proposed standards and guidelines in response to these comments. OMB is now issuing these Standards and Guidelines for Statistical Surveys as final, and they are available in their entirety along with the public comments and OMB's summary of and response to the public comments on the OMB Web site at https://www.whitehouse.gov/omb/inforeg/ statpolicy.html.

The Office of Management and Budget (OMB) has recently submitted to OMB for review the following three proposals for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et. seq).

In accordance with the Small Business Paperwork Relief Act of 2002 (44 U.S.C. 3520), the Office of Management and Budget (OMB) is publishing a ``list of the compliance assistance resources available to small businesses'' and a list of the points of contacts in agencies ``to act as a liaison between the agency and small business concerns'' with respect to the collection of information and the control of paperwork. This information is posted on the following Web site: https:// www.business.gov/sbpra.

The Federal Activities Inventory Reform (FAIR) Act, Public Law 105-270, requires agencies to develop inventories each year of activities performed by their employees that are not inherently governmentali.e., inventories of commercial activities. The FAIR Act further requires OMB to review the inventories in consultation with the agencies and publish a notice of public availability in the Federal Register after the consultation process is completed. In accordance with the FAIR Act, OMB is publishing this notice to announce the availability of inventories from the agencies listed below. These inventories identify both commercial activities and activities that are inherently governmental. Interested parties who disagree with an agency's initial judgment may challenge the inclusion or the omission of an activity on the list of activities that are not inherently governmental within 30 working days and, if not satisfied with this review, may appeal to a higher level within the agency. This is the second release of inventories for FY 2005. A notice of the first release of FY 2005 inventories was published in the Federal Register on March 14, 2006. See 71 FR 13188-13190. As indicated in OMB's March 2006 notice, the FY 2005 inventory prepared by the Department of Labor (DOL) was released in connection with the first notice of public availability. However, following the initial release of its inventory, DOL made a determination to reclassify certain activities. DOL is making the revisions to its inventory available pursuant to this notice. Since these reclassifications were not made in response to a challenge or appeal, they are considered to be an initial judgment of the agency. The Office of Federal Procurement Policy has made available a FAIR Act User's Guide through its Internet site: https://www.whitehouse.gov/ omb/procurement/fair-index.html. This User's Guide will help interested parties review FY 2005 FAIR Act inventories.

The Office of Management and Budget announces one meeting of the Acquisition Advisory Panel (AAP or ``Panel'') established in accordance with the Services Acquisition Reform Act of 2003.

The Office of Management and Budget is issuing this notice to cancel the May 31, 2006 public meeting of the Acquisition Advisory Panel (AAP or ``Panel'') established in accordance with the Services Acquisition Reform Act of 2003.

Under 44 U.S.C. 3504(e), the Office of Management and Budget (OMB) is announcing its final decisions for adoption of the North American Industry Classification System (NAICS) revisions for 2007 as recommended by the Economic Classification Policy Committee (ECPC) in OMB's notice for solicitation of comments published in Part IV of the March 11, 2005, Federal Register (70 FR 12390-12399). In addition, responding to comments received on the ECPC recommendations, OMB is adopting a classification change for Real Estate Investment Trusts (REITs) that was not part of the ECPC's recommendations. After additional consultation with the National Association of Real Estate Investment Trusts, the agencies participating in the ECPC, and other interested agencies, NAICS 525390, Real Estate Investment Trusts, will be deleted from the classification and portions will be reclassified as follows: (1) Equity REITs will be classified in the Real Estate Subsector in NAICS Industry Group 5311, Lessors of Real Estate, under individual national industries based on the content of the portfolio of real estate operated by a particular REIT; and (2) Mortgage REITs will remain classified in the Finance Sector but will be moved from NAICS 525930 to NAICS 525990, Other Financial Vehicles. More details of this decision are presented in the SUPPLEMENTARY INFORMATION section below. In addition to this change, the title of NAICS industry 561422, ``Telemarketing Bureaus'', is changed to ``Telemarketing Bureaus and Other Contact Centers'' to more accurately reflect the content of the industry. There is no content change; the title is simply revised to reflect the actual activities undertaken and the various technologies used. In the March 11, 2005, notice, OMB's Economic Classification Policy Committee recommended a revision of the industry classification system to modify the structure and detail for telecommunications industries based on changes that have occurred and are anticipated to occur in the future. The ECPC also recommended the creation of a new national industry for biotechnology research and development to reflect the growing importance of this activity in the economy. Additional changes were recommended to more adequately align the activities of producers in agriculture; manufacturing; and professional, technical, and scientific services.

The Office of Management and Budget (OMB) is hereby publishing the attached memorandum to the heads of executive departments and agencies concerning the determination of the maximum benchmark compensation amount that will be allowable under government contracts during contractors FY 2006$546,689. This determination is required under Section 39 of the Office of Federal Procurement Policy (OFPP) Act (41 U.S.C. 435), as amended. The benchmark compensation amount applies equally to both defense and civilian procurement agencies.

This notice announces the availability of the 2006 Circular A- 133 Compliance Supplement. The notice also offered interested parties an opportunity to comment on the 2006 Circular A-133 Compliance Supplement. The 2006 Supplement adds three additional programs and one existing program added to existing cluster, deleted two programs, updates for program changes, and makes technical corrections. A list of changes to the 2006 Supplement can be found at Appendix V. Due to its length, the 2006 Supplement is not included in this Notice. See ADDRESSES for information about how to obtain a copy. This Notice also offers interested parties an opportunity to comment on the 2006 Supplement.