Board of Contract Appeals; Rules of Procedure of the General Services Administration Board of Contract Appeals, 48882-48883 [05-16479]

Download as PDF 48882 Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations relations, Nitrogen dioxides, Ozone, Reporting and recordkeeping requirements, Volatile Organic Compounds. PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: I Authority: 42 U.S.C. 7401 et seq. Dated: August 12, 2005. Richard E. Greene, Regional Administrator, Region 6. I nonregulatory provisions and quasiregulatory measures’’ is amended by adding a new entry, immediately following the last entry in the table, to read as follows: Subpart T—Louisiana § 52.970 2. The second table in § 52.970(e) entitled ‘‘EPA approved Louisiana * I 40 CFR part 52 is amended as follows: Identification of plan. * * (e) * * * * * EPA APPROVED LOUISIANA NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES Applicable geographic or nonattainment area State submittal date/effective date * * * * Air Quality Improvement Plan, 8-hour ozone standard Bossier, Caddo and Webattainment demonstration and associated control ster Parishes, LA. measures for the Shreveport-Bossier City EAC area. * 12/28/2004 Name of SIP provision [FR Doc. 05–16476 Filed 8–19–05; 8:45 am] BILLING CODE 6560–50–P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 1. On page 39585, in the second column, in the first full paragraph, the beginning of the first sentence ‘‘Note, however, that 133’’ is corrected to read ‘‘Note, however, that section 133’’. I RIN 3045–AA41 PART 2521—ELIGIBLE AMERICORPS SUBTITLE C PROGRAM APPLICANTS AND TYPES OF GRANTS AVAILABLE FOR AWARD AmeriCorps National Service Program § 2521.35 45 CFR Parts 2510, 2520, 2521, 2522, 2540 and 2550 ACTION: Final rule; correction. Effective September 6, 2005. Amy Borgstrom, Associate Director for Policy, Department of AmeriCorps, Corporation for National and Community Service, 1201 New York Avenue, NW., Washington, DC 20525, (202) 606–5000, ext. 132. T.D.D. (202) 606–3472. Persons with visual impairments may request this rule in an alternative format. SUPPLEMENTARY INFORMATION: I In FR Doc. 05–13038 appearing on page 39562 in the Federal Register of Friday, July 8, 2005 (70 FR 39562), the following corrections are made: 16:02 Aug 19, 2005 Jkt 205001 PART 2522—AMERICORPS PARTICIPANTS, PROGRAMS, AND APPLICANTS § 2522.520 [Corrected] * 8/22/05 [Insert FR page number where document begins]. Explanation * GENERAL SERVICES ADMINISTRATION 48 CFR Part 6101 [GSABCA Amendment 2005–01; BCA Case 2005–61–1] Board of Contract Appeals; Rules of Procedure of the General Services Administration Board of Contract Appeals Board of Contract Appeals, General Services Administration (GSA). ACTION: Final rule. AGENCY: SUMMARY: This document contains final revisions to the rules governing proceedings before the General Services Administration Board of Contract Appeals (Board). The Board is revising the language regarding the processing of awards for payment in contract appeals. The Board, by majority vote, has adopted this revised rule pursuant to its authority contained in the Contract Disputes Act of 1978 (41 U.S.C. 601– 613). DATES: Effective Date: August 22, 2005. 3. On page 39603, in the third column, FOR FURTHER INFORMATION CONTACT Margaret S. Pfunder, Chief Counsel, in § 2522.520, the second paragraph (h) is correctly redesignated as paragraph (i). GSA Board of Contract Appeals, telephone (202) 501–0272, internet Dated: August 15, 2005. address margaret.pfunder@gsa.gov. Frank R. Trinity, Please cite GSABCA Amendment 2005– General Counsel. 01, BCA Case 2005–61–1. [FR Doc. 05–16511 Filed 8–19–05; 8:45 am] SUPPLEMENTARY INFORMATION: I FOR FURTHER INFORMATION CONTACT: VerDate jul<14>2003 2. On page 39598, in the second column, in § 2521.35, in paragraph (b), after the comma, ‘‘and you are also responsible for meeting an aggregate overall match based on your grantees’ match individual match requirements.’’ is corrected to read ‘‘and you are also responsible for meeting an aggregate overall match based on your grantees’ individual match requirements.’’ I SUMMARY: The Corporation for National and Community Service (hereinafter the ‘‘Corporation’’) is correcting a final rule that appeared in the Federal Register of July 8, 2005. The document amended several provisions relating to the AmeriCorps national service program, and added rules to clarify the Corporation’s requirements for program sustainability, performance measures and evaluation, capacity-building activities by AmeriCorps members, qualifications for tutors, and other requirements. DATES: [Corrected] EPA approval date BILLING CODE 6050–28–P PO 00000 Frm 00044 Fmt 4700 A. Background Section 6101.36 is amended to conform to procedures required by the Department of the Treasury in processing awards for payment from the Judgment Fund. The Contract Disputes Act of 1978, 41 U.S.C. 612, provides that a monetary award to a contractor from Sfmt 4700 E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 70, No. 161 / Monday, August 22, 2005 / Rules and Regulations a Board of Contract Appeals shall be paid promptly from the Judgment Fund. The Department of the Treasury’s Financial Management Service (FMS), through the Treasury Financial Manual, volume I, part 6, chapter 3100, requires that the Government agency ‘‘responsible for defending the United States’’ in litigation or ‘‘authorized to settle the claim’’ in administrative actions submit completed copies of specified forms to FMS in order to process payment of monetary awards from the Judgment Fund. These requirements have superseded the procedures contained in section 6101.36, and the revised section 6101.36 reflects these requirements. This revision only affects paragraphs (c) and (d) of section 6101.36. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The General Services Administration certifies that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not impose any additional costs on either small or large businesses. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes do not impose recordkeeping or information collection requirements, or otherwise collect information from offerors, contractors, or members of the public that require approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. 2. Amend section 6101.36 by revising paragraphs (c) and (d) to read as follows: I 6101.36 136]. Payment of Board awards [Rule * * * * * (c) Procedure for filing of certificates of finality. Whenever the Board issues a decision or an order awarding a party any amount of money, it will attach to the copy of the decision sent to each party forms such as those illustrated in the appendix to this part. The conditions for payment prescribed in paragraph (b)(1) of this section are satisfied if each of the parties returns a completed and duly executed copy of this form to the Board. When the form is executed on behalf of an appellant or applicant by an attorney or other representative, proof of signatory authority shall also be furnished. Upon receipt of completed and duly executed Certificates of Finality from the parties, the Board will forward a copy of each such certificate (together with proof of signatory authority, if required) and a certified copy of its decision to the responsible agency for certification and transmission to the United States Department of the Treasury for payment. (d) Procedure in absence of certificate of finality. When one or both of the parties fails to submit a duly executed Certificate of Finality, but the conditions for payment have been satisfied as provided in paragraph (b)(2) of this section, the appellant or applicant may file a written request that the Board forward its decision to the responsible agency for certification and transmission to the United States Department of the Treasury for payment. Thereupon, the Board will forward a copy of that request and a certified copy of its decision to the responsible agency. * * * * * List of Subjects in 48 CFR Part 6101 Administrative practice and procedure, Government procurement. [FR Doc. 05–16479 Filed 8–19–05; 8:45 am] Dated: August 15, 2005. Stephen M. Daniels, Chairman, Board of Contract Appeals, General Services Administration. DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration Therefore, GSA amends 48 CFR part 6101 as set forth below: I PART 6101—RULES OF PROCEDURE OF THE GENERAL SERVICES ADMNISTRATION BOARD OF CONTRACT APPEALS (STANDARD PROCEEDINGS) 1. The authority citation for 48 CFR part 6101 continues to read as follows: I Authority: 41 U.S.C. 601–613. VerDate jul<14>2003 16:02 Aug 19, 2005 Jkt 205001 BILLING CODE 6820–AL–S 49 CFR Parts 571 [Docket No. NHTSA 2005–22052] RIN 2127–AI38 Federal Motor Vehicle Safety Standards; Seat Belt Assemblies National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Final rule. AGENCY: PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 48883 SUMMARY: This final rule amends the Federal motor vehicle safety standard (FMVSS) for seat belt assemblies to redefine the requirements and to establish a new test methodology for emergency-locking retractors. Specifically, this final rule establishes a new acceleration-time corridor, adds a figure illustrating the new accelerationtime corridor, provides a tolerance on angle measurements, and adopts the same instrumentation specifications currently found in other FMVSSs containing crash tests. DATES: Effective Date: This final rule is effective October 21, 2005. The incorporation by reference of a certain publication listed in the regulation is approved by the Director of the Federal Register as of October 21, 2005. Compliance Date: Seat belt assemblies manufactured on or after February 22, 2007 must comply with this rule. Voluntary compliance is permitted prior to that date. Petitions for Reconsideration: If you wish to submit a petition for reconsideration of this rule, your petition must be received by October 6, 2005. ADDRESSES: Petitions for reconsideration should refer to the docket number above and be submitted to: Administrator, Room 5220, National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. See the SUPPLEMENTARY INFORMATION portion of this document (Section VI; Rulemaking Analyses and Notice) for DOT’s Privacy Act Statement regarding documents submitted to the agency’s dockets. For non-legal issues, you may call Mr. Christopher Wiacek, Office of Crashworthiness Standards (Telephone: 202–366–4801) (Fax: 202–493–2290). For legal issues, you may call Mr. Eric Stas, Office of the Chief Counsel (Telephone: 202–366–2992) (Fax: 202– 366–3820). You may send mail to these officials at National Highway Traffic Safety Administration, 400 Seventh Street, SW., Washington, DC 20590. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Table of Contents I. Executive Summary II. Background III. June 2004 Notice of Proposed Rulemaking (NPRM) and Public Comments A. The NPRM B. Summary of Public Comments on the NPRM IV. The Final Rule and Response to Public Comments A. Summary of the Requirements B. Lead Time E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

General Services Administration

[Federal Register Volume 70, Number 161 (Monday, August 22, 2005)]
[Rules and Regulations]
[Pages 48882-48883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-16479]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 6101

[GSABCA Amendment 2005-01; BCA Case 2005-61-1]


Board of Contract Appeals; Rules of Procedure of the General 
Services Administration Board of Contract Appeals

AGENCY: Board of Contract Appeals, General Services Administration 
(GSA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document contains final revisions to the rules governing 
proceedings before the General Services Administration Board of 
Contract Appeals (Board). The Board is revising the language regarding 
the processing of awards for payment in contract appeals. The Board, by 
majority vote, has adopted this revised rule pursuant to its authority 
contained in the Contract Disputes Act of 1978 (41 U.S.C. 601-613).

DATES: Effective Date: August 22, 2005.

FOR FURTHER INFORMATION CONTACT Margaret S. Pfunder, Chief Counsel, GSA 
Board of Contract Appeals, telephone (202) 501-0272, internet address 
margaret.pfunder@gsa.gov. Please cite GSABCA Amendment 2005-01, BCA 
Case 2005-61-1.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 6101.36 is amended to conform to procedures required by the 
Department of the Treasury in processing awards for payment from the 
Judgment Fund. The Contract Disputes Act of 1978, 41 U.S.C. 612, 
provides that a monetary award to a contractor from

[[Page 48883]]

a Board of Contract Appeals shall be paid promptly from the Judgment 
Fund. The Department of the Treasury's Financial Management Service 
(FMS), through the Treasury Financial Manual, volume I, part 6, chapter 
3100, requires that the Government agency ``responsible for defending 
the United States'' in litigation or ``authorized to settle the claim'' 
in administrative actions submit completed copies of specified forms to 
FMS in order to process payment of monetary awards from the Judgment 
Fund. These requirements have superseded the procedures contained in 
section 6101.36, and the revised section 6101.36 reflects these 
requirements. This revision only affects paragraphs (c) and (d) of 
section 6101.36.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The General Services Administration certifies that this final rule 
will not have a significant economic impact on a substantial number of 
small entities within the meaning of the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq., because the rule does not impose any additional 
costs on either small or large businesses.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes do 
not impose recordkeeping or information collection requirements, or 
otherwise collect information from offerors, contractors, or members of 
the public that require approval of the Office of Management and Budget 
under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 6101

    Administrative practice and procedure, Government procurement.

    Dated: August 15, 2005.
Stephen M. Daniels,
Chairman, Board of Contract Appeals, General Services Administration.

0
Therefore, GSA amends 48 CFR part 6101 as set forth below:

PART 6101--RULES OF PROCEDURE OF THE GENERAL SERVICES ADMNISTRATION 
BOARD OF CONTRACT APPEALS (STANDARD PROCEEDINGS)

0
1. The authority citation for 48 CFR part 6101 continues to read as 
follows:

    Authority: 41 U.S.C. 601-613.
0
2. Amend section 6101.36 by revising paragraphs (c) and (d) to read as 
follows:


6101.36  Payment of Board awards [Rule 136].

* * * * *
    (c) Procedure for filing of certificates of finality. Whenever the 
Board issues a decision or an order awarding a party any amount of 
money, it will attach to the copy of the decision sent to each party 
forms such as those illustrated in the appendix to this part. The 
conditions for payment prescribed in paragraph (b)(1) of this section 
are satisfied if each of the parties returns a completed and duly 
executed copy of this form to the Board. When the form is executed on 
behalf of an appellant or applicant by an attorney or other 
representative, proof of signatory authority shall also be furnished. 
Upon receipt of completed and duly executed Certificates of Finality 
from the parties, the Board will forward a copy of each such 
certificate (together with proof of signatory authority, if required) 
and a certified copy of its decision to the responsible agency for 
certification and transmission to the United States Department of the 
Treasury for payment.
    (d) Procedure in absence of certificate of finality. When one or 
both of the parties fails to submit a duly executed Certificate of 
Finality, but the conditions for payment have been satisfied as 
provided in paragraph (b)(2) of this section, the appellant or 
applicant may file a written request that the Board forward its 
decision to the responsible agency for certification and transmission 
to the United States Department of the Treasury for payment. Thereupon, 
the Board will forward a copy of that request and a certified copy of 
its decision to the responsible agency.
* * * * *
[FR Doc. 05-16479 Filed 8-19-05; 8:45 am]
BILLING CODE 6820-AL-S

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