Termination of Agriculture Board of Contract Appeals, 31437-31438 [07-2702]

Download as PDF 31437 Rules and Regulations Federal Register Vol. 72, No. 109 Thursday, June 7, 2007 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 24 48 CFR Parts 409, 432, and 433 Federal Crop Insurance Corporation 7 CFR Part 400 Forest Service 36 CFR Part 223 RIN 0510–AA02 Termination of Agriculture Board of Contract Appeals Office of the Secretary; Federal Crop Insurance Corporation; Forest Service; Office of Procurement and Property Management. ACTION: Final rule. AGENCIES: The Department of Agriculture (USDA) is publishing amendments to the Code of Federal Regulations (CFR) as a final rule. USDA amends its regulations to reflect the legal termination of the Agriculture Board of Contract Appeals (AGBCA) and the creation of a new consolidated Civilian Board of Contract Appeals (CBCA). Additionally, with respect to appeals heard by the AGBCA other than Contract Disputes Act appeals, the AGBCA transfers or eliminates certain appeal procedures as a result of the termination of the AGBCA. USDA eliminates the appeals of procurement suspension and debarment, as well as the appeals of export violation debarment determinations under the Forest Resources Conservation and Shortage Relief Act (16 U.S.C. 620 et seq.), and transfers jurisdiction to hear Federal Crop Insurance Corporation (FCIC) and Contract Work Hours and rwilkins on PROD1PC63 with RULES SUMMARY: VerDate Aug<31>2005 17:11 Jun 06, 2007 Jkt 211001 Safety Standards appeals to the new consolidated CBCA. DATES: This final rule is effective as of June 7, 2007. FOR FURTHER INFORMATION CONTACT: Azine Farzami, Esq., Department of Agriculture, Office of the General Counsel, General Law Division, Room 3311–S, 1400 Independence Avenue, SW., Washington, DC 20250, telephone 202–690–1978. SUPPLEMENTARY INFORMATION: A. Background Section 847 of the National Defense Authorization Act for Fiscal Year 2006, Public Law 109–163, 119 Stat. 3136, added a new section 42 to the Office of Federal Procurement Policy Act (the Act), 41 U.S.C. 401 et seq., which provided for the consolidation of the eight civilian Boards of Contract Appeals into a single entity, the Civilian Board of Contract Appeals (CBCA), to be established at the General Services Administration (GSA). Accordingly, all contract appeals under the Contract Disputes Act (CDA) of 1978, 41 U.S.C. 601 et seq., currently heard by the eight civilian boards, including contract appeals to the AGBCA, will be transferred by operation of law to the consolidated board no later than January 8, 2007. In addition, under subsection 42(c)(2)(A) of the Act, agencies may request the CBCA to take jurisdiction over non-CDA appeals. Under 7 CFR 24.4(b) and 400.169(d), the AGBCA hears appeals from final administrative determinations issued by the Risk Management Agency (RMA) on behalf of the FCIC arising under Standard Reinsurance Agreements (SRAs) issued pursuant to the Federal Crop Insurance Act, 7 U.S.C. 1501 et seq. The AGBCA also has jurisdiction to hear appeals of administrative determinations of liquidated damages under the Contract Work Hours and Safety Standards Act, 40 U.S.C. 3703. Since the AGBCA is being terminated by law, USDA has requested the new CBCA to take over the FCIC and Contract Work Hours appeals. Finally, under 7 CFR 24.4(c), the AGBCA has jurisdiction over contractor suspensions and debarments, including the debarment of persons who violate the Forest Resources Conservation and Shortage Relief Act of 1990 (16 U.S.C. 620 et seq.) (Export Act) under 36 CFR PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 223.130, et seq. Consistent with its proposal to eliminate nonprocurement suspension and debarment appeals (68 FR 66533 (Nov. 26, 2003)), USDA also eliminates procurement suspension and debarment appeals, as well as appeals from debarment determinations under the Export Act. B. Executive Order 12866 This final rule has been determined to be not significant and does not require review by the Office of Management and Budget under Executive Order 12866. C. Regulatory Flexibility Act USDA 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. D. 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 7 CFR Part 24 Administrative practice and procedure, Agriculture, Government procurement. 7 CFR Part 400 Administrative practice and procedure, Agriculture, Crop insurance. 36 CFR Part 223 Exports, Government contracts, National forests, Reporting and recordkeeping requirements, Timber. 48 CFR Chapter 400 Administrative practice and procedure, Agriculture, Government procurement. For the reasons stated in the preamble, under the authority of USDA at 5 U.S.C. 30157 CFR parts 24 and 400; 36 CFR part 223; and 48 CFR parts 409, 432, and 433 are amended as follows: I E:\FR\FM\07JNR1.SGM 07JNR1 31438 Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Rules and Regulations Title—7 Agriculture PART 432—CONTRACT FINANCING PART 24—[Removed and reserved] I 8. Revise the authority citation for part 432 to read as follows: 1. Remove and reserve part 24, consisting of §§ 24.1 through 24.21. I Authority: 40 U.S.C. 121, 41 U.S.C. 421. I PART 400—GENERAL ADMINISTRATIVE REGULATIONS § 432.616 2. Revise the authority citation for part 400 to read as follows: I Authority: 40 U.S.C. 121, 41 U.S.C. 421. 3. Amend § 400.169 by revising the last sentence of paragraph (c) and paragraph (d) to read as follows: I § 400.169 9. Revise § 432.616 to read as follows: Compromise Actions. Compromise of a debt within the proceedings under appeal to the Civilian Board of Contract Appeals is the responsibility of the contracting officer. PART 433—PROTESTS, DISPUTES AND APPEALS Disputes. * * * * * (c) * * * Such determinations will not be appealable to the Civilian Board of Contract Appeals. (d) Appealable final administrative determinations of the Corporation under paragraph (a) or (b) of this section may be appealed to the Civilian Board of Contract Appeals in accordance with 48 CFR part 6102. Title 36—Parks, Forests, and Public Property PART 223—SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER 4. The authority citation for part 223 continues to read as follows: I 10. Revise the authority citation for part 433 to read as follows: I Authority: 40 U.S.C. 121, 41 U.S.C. 421. 11. Revise § 433.203–70 to read as follows: I § 433.203–70 Appeals. Civilian Board of Contract The organization, jurisdiction, and functions of the Civilian Board of Contract Appeals, together with its Rules of Procedure, are set out in 48 CFR part 6101. Done in Washington, DC, this 25th day of May 2007. Mike Johanns, Secretary of Agriculture. [FR Doc. 07–2702 Filed 6–6–07; 8:45 am] Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 U.S.C. 618, 104 Stat. 714–726, 16 U.S.C. 620–620j; unless otherwise noted. BILLING CODE 3410–01–M 5. Amend § 223.138 by removing paragraph (b)(8) and revising paragraphs (b)(7)(i)(C) and (D) and by removing paragraph (b)(7)(i)(E) to read as follows: FEDERAL ELECTION COMMISSION § 223.138 Statement of Policy Regarding Treasurers’ Best Efforts To Obtain, Maintain, and Submit Information as Required by the Federal Election Campaign Act I Procedures for Debarment. * * * * * (b) * * * (7) * * * (i) * * * (C) State the period of debarment, including effective dates (see § 223.139); and (D) Specify any limitations on the terms of the debarment. * * * * * Title 48—Federal Acquisition Regulations System, chapter 4, Department of Agriculture. rwilkins on PROD1PC63 with RULES PART 409—CONTRACTOR QUALIFICATIONS 6. Revise the authority citation for part 409 to read as follows: I Authority: 40 U.S.C. 121, 41 U.S.C. 421. I 7. Remove § 409.470. VerDate Aug<31>2005 17:11 Jun 06, 2007 Jkt 211001 11 CFR Part 104 [Notice 2007–13] Federal Election Commission. Statement of Policy. AGENCY: ACTION: SUMMARY: The Federal Election Commission (the ‘‘Commission’’) is issuing a Policy Statement to clarify its enforcement policy with respect to the circumstances under which it intends to consider a political committee and its treasurer to be in compliance with the recordkeeping and reporting requirements of the Federal Election Campaign Act, as amended (‘‘FECA’’). Section 432(i) of FECA provides that when the treasurer of a political committee demonstrates that best efforts were used to obtain, maintain, and submit the information required by PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 FECA, any report or records of such committee shall be considered in compliance with FECA or the statutes governing the public financing of Presidential candidates. In the past, the Commission has interpreted this section to apply only to a treasurer’s efforts to obtain required information from contributors to a political committee, and not to maintaining information or to submitting reports. However, the district court in Lovely v. FEC, 307 F. Supp. 2d 294 (D. Mass. 2004), held that the Commission should consider whether a treasurer used best efforts under FECA with regard to efforts made to submit a report in a timely manner. This Policy Statement makes clear that the Commission intends to apply FECA’s best efforts provision to treasurers’ and committees’ efforts to obtain, maintain, and submit information and records to the Commission consistent with the holding of the Federal court in Lovely. Further information is provided in the supplementary information that follows. DATES: Effective Date: June 7, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Ron B. Katwan, Assistant General Counsel, or Ms. Margaret G. Perl, Attorney, 999 E Street, NW., Washington, DC 20463, (202) 694–1650 or (800) 424–9530. SUPPLEMENTARY INFORMATION: I. Background A. Statutory and Regulatory Provisions FECA states the ‘‘best efforts defense’’ in 2 U.S.C. 432(i) as follows: When the treasurer of a political committee shows that best efforts have been used to obtain, maintain, and submit the information required by this Act for the political committee, any report or any records of such committee shall be considered in compliance with this Act or chapter 95 or chapter 96 of title 26. The Commission implemented this provision in 11 CFR 104.7(a) with regulatory language virtually identical to the statutory provision: When the treasurer of a political committee shows that best efforts have been used to obtain, maintain and submit the information required by the Act for the political committee, any report of such committee shall be considered in compliance with the Act. Paragraph (b) of 11 CFR 104.7 specifies the actions that treasurers of a political committee must take to demonstrate that they have exercised best efforts to obtain and report the ‘‘identification’’ of each person whose contribution(s) to the political committee and its affiliated political committees aggregate in excess of $200 in a calendar year (or in an election E:\FR\FM\07JNR1.SGM 07JNR1

Agencies

[Federal Register Volume 72, Number 109 (Thursday, June 7, 2007)]
[Rules and Regulations]
[Pages 31437-31438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-2702]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Rules 
and Regulations

[[Page 31437]]


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

DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 24

48 CFR Parts 409, 432, and 433

Federal Crop Insurance Corporation

7 CFR Part 400

Forest Service

36 CFR Part 223

RIN 0510-AA02


Termination of Agriculture Board of Contract Appeals

AGENCIES: Office of the Secretary; Federal Crop Insurance Corporation; 
Forest Service; Office of Procurement and Property Management.

ACTION: Final rule.

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

SUMMARY: The Department of Agriculture (USDA) is publishing amendments 
to the Code of Federal Regulations (CFR) as a final rule. USDA amends 
its regulations to reflect the legal termination of the Agriculture 
Board of Contract Appeals (AGBCA) and the creation of a new 
consolidated Civilian Board of Contract Appeals (CBCA). Additionally, 
with respect to appeals heard by the AGBCA other than Contract Disputes 
Act appeals, the AGBCA transfers or eliminates certain appeal 
procedures as a result of the termination of the AGBCA. USDA eliminates 
the appeals of procurement suspension and debarment, as well as the 
appeals of export violation debarment determinations under the Forest 
Resources Conservation and Shortage Relief Act (16 U.S.C. 620 et seq.), 
and transfers jurisdiction to hear Federal Crop Insurance Corporation 
(FCIC) and Contract Work Hours and Safety Standards appeals to the new 
consolidated CBCA.

DATES: This final rule is effective as of June 7, 2007.

FOR FURTHER INFORMATION CONTACT: Azine Farzami, Esq., Department of 
Agriculture, Office of the General Counsel, General Law Division, Room 
3311-S, 1400 Independence Avenue, SW., Washington, DC 20250, telephone 
202-690-1978.

SUPPLEMENTARY INFORMATION: 

A. Background

    Section 847 of the National Defense Authorization Act for Fiscal 
Year 2006, Public Law 109-163, 119 Stat. 3136, added a new section 42 
to the Office of Federal Procurement Policy Act (the Act), 41 U.S.C. 
401 et seq., which provided for the consolidation of the eight civilian 
Boards of Contract Appeals into a single entity, the Civilian Board of 
Contract Appeals (CBCA), to be established at the General Services 
Administration (GSA). Accordingly, all contract appeals under the 
Contract Disputes Act (CDA) of 1978, 41 U.S.C. 601 et seq., currently 
heard by the eight civilian boards, including contract appeals to the 
AGBCA, will be transferred by operation of law to the consolidated 
board no later than January 8, 2007.
    In addition, under subsection 42(c)(2)(A) of the Act, agencies may 
request the CBCA to take jurisdiction over non-CDA appeals. Under 7 CFR 
24.4(b) and 400.169(d), the AGBCA hears appeals from final 
administrative determinations issued by the Risk Management Agency 
(RMA) on behalf of the FCIC arising under Standard Reinsurance 
Agreements (SRAs) issued pursuant to the Federal Crop Insurance Act, 7 
U.S.C. 1501 et seq. The AGBCA also has jurisdiction to hear appeals of 
administrative determinations of liquidated damages under the Contract 
Work Hours and Safety Standards Act, 40 U.S.C. 3703. Since the AGBCA is 
being terminated by law, USDA has requested the new CBCA to take over 
the FCIC and Contract Work Hours appeals.
    Finally, under 7 CFR 24.4(c), the AGBCA has jurisdiction over 
contractor suspensions and debarments, including the debarment of 
persons who violate the Forest Resources Conservation and Shortage 
Relief Act of 1990 (16 U.S.C. 620 et seq.) (Export Act) under 36 CFR 
223.130, et seq. Consistent with its proposal to eliminate 
nonprocurement suspension and debarment appeals (68 FR 66533 (Nov. 26, 
2003)), USDA also eliminates procurement suspension and debarment 
appeals, as well as appeals from debarment determinations under the 
Export Act.

B. Executive Order 12866

    This final rule has been determined to be not significant and does 
not require review by the Office of Management and Budget under 
Executive Order 12866.

C. Regulatory Flexibility Act

    USDA 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.

D. 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

7 CFR Part 24

    Administrative practice and procedure, Agriculture, Government 
procurement.

7 CFR Part 400

    Administrative practice and procedure, Agriculture, Crop insurance.

36 CFR Part 223

    Exports, Government contracts, National forests, Reporting and 
recordkeeping requirements, Timber.

48 CFR Chapter 400

    Administrative practice and procedure, Agriculture, Government 
procurement.

0
For the reasons stated in the preamble, under the authority of USDA at 
5 U.S.C. 30157 CFR parts 24 and 400; 36 CFR part 223; and 48 CFR parts 
409, 432, and 433 are amended as follows:

[[Page 31438]]

Title--7 Agriculture

PART 24--[Removed and reserved]

0
1. Remove and reserve part 24, consisting of Sec. Sec.  24.1 through 
24.21.

PART 400--GENERAL ADMINISTRATIVE REGULATIONS

0
2. Revise the authority citation for part 400 to read as follows:

    Authority: 40 U.S.C. 121, 41 U.S.C. 421.

0
3. Amend Sec.  400.169 by revising the last sentence of paragraph (c) 
and paragraph (d) to read as follows:


Sec.  400.169  Disputes.

* * * * *
    (c) * * * Such determinations will not be appealable to the 
Civilian Board of Contract Appeals.
    (d) Appealable final administrative determinations of the 
Corporation under paragraph (a) or (b) of this section may be appealed 
to the Civilian Board of Contract Appeals in accordance with 48 CFR 
part 6102.

Title 36--Parks, Forests, and Public Property

PART 223--SALE AND DISPOSAL OF NATIONAL FOREST SYSTEM TIMBER

0
4. The authority citation for part 223 continues to read as follows:

    Authority: 90 Stat. 2958, 16 U.S.C. 472a; 98 Stat. 2213, 16 
U.S.C. 618, 104 Stat. 714-726, 16 U.S.C. 620-620j; unless otherwise 
noted.

0
5. Amend Sec.  223.138 by removing paragraph (b)(8) and revising 
paragraphs (b)(7)(i)(C) and (D) and by removing paragraph (b)(7)(i)(E) 
to read as follows:


Sec.  223.138  Procedures for Debarment.

* * * * *
    (b) * * *
    (7) * * *
    (i) * * *
    (C) State the period of debarment, including effective dates (see 
Sec.  223.139); and
    (D) Specify any limitations on the terms of the debarment.
* * * * *

Title 48--Federal Acquisition Regulations System, chapter 4, Department 
of Agriculture.

PART 409--CONTRACTOR QUALIFICATIONS

0
6. Revise the authority citation for part 409 to read as follows:

    Authority: 40 U.S.C. 121, 41 U.S.C. 421.

0
7. Remove Sec.  409.470.

PART 432--CONTRACT FINANCING

0
8. Revise the authority citation for part 432 to read as follows:

    Authority: 40 U.S.C. 121, 41 U.S.C. 421.


0
9. Revise Sec.  432.616 to read as follows:


Sec.  432.616  Compromise Actions.

    Compromise of a debt within the proceedings under appeal to the 
Civilian Board of Contract Appeals is the responsibility of the 
contracting officer.

PART 433--PROTESTS, DISPUTES AND APPEALS

0
10. Revise the authority citation for part 433 to read as follows:

    Authority: 40 U.S.C. 121, 41 U.S.C. 421.


0
11. Revise Sec.  433.203-70 to read as follows:


Sec.  433.203-70  Civilian Board of Contract Appeals.

    The organization, jurisdiction, and functions of the Civilian Board 
of Contract Appeals, together with its Rules of Procedure, are set out 
in 48 CFR part 6101.

    Done in Washington, DC, this 25th day of May 2007.
Mike Johanns,
Secretary of Agriculture.
[FR Doc. 07-2702 Filed 6-6-07; 8:45 am]
BILLING CODE 3410-01-M
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