U.S. General Services Administration Federal Property Management Regulations; Administrative Wage Garnishment, 29245-29247 [2013-11911]
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Federal Register / Vol. 78, No. 97 / Monday, May 20, 2013 / Rules and Regulations
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this final priority only
on a reasoned determination that its
benefits justify its costs. In choosing
among alternative regulatory
approaches, we selected those
approaches that maximize net benefits.
Based on the analysis that follows, the
Department believes that this regulatory
action is consistent with the principles
in Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and tribal
governments in the exercise of their
governmental functions.
In accordance with both Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
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14:57 May 17, 2013
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determined as necessary for
administering the Department’s
programs and activities. A Data Center
funded under the priority established by
this regulatory action will assist States
in complying with Federal laws and
regulations. Without this regulatory
action, the burden of improving State
capacity to collect, report, and analyze
IDEA data would fall solely on the
responsible State and local entities.
Intergovernmental Review: This
program is subject to Executive Order
12372 and the regulations in 34 CFR
part 79. One of the objectives of the
Executive order is to foster an
intergovernmental partnership and a
strengthened federalism. The Executive
order relies on processes developed by
State and local governments for
coordination and review of proposed
Federal financial assistance.
This document provides early
notification of our specific plans and
actions for this program.
Accessible Format: Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or compact disc) by
contacting the Grants and Contracts
Services Team, U.S. Department of
Education, 400 Maryland Avenue SW.,
Room 5075, PCP, Washington, DC
20202–2550. Telephone: (202) 245–
7363. If you use a TDD or a TTY, call
the FRS, toll free, at 1–800–877–8339.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. Free Internet access to the
official edition of the Federal Register
and the Code of Federal Regulations is
available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you
can view this document, as well as all
other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF you must
have Adobe Acrobat Reader, which is
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You may also access documents of the
Department published in the Federal
Register by using the article search
feature at: www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Dated: May 15, 2013.
Michael Yudin,
Delegated the authority to perform the
functions and duties of the Assistant
Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2013–11971 Filed 5–17–13; 8:45 am]
BILLING CODE 4000–01–P
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29245
GENERAL SERVICES
ADMINISTRATION
41 CFR Parts 105–53, 105–55, 105–56,
105–57, and 105–60
[GSPMR Case 2012–105–1; Docket 2012–
0010; Sequence 1]
RIN 3090–AJ28
U.S. General Services Administration
Federal Property Management
Regulations; Administrative Wage
Garnishment
Office of the Chief Financial
Officer, U.S. General Services
Administration (GSA).
ACTION: Final rule.
AGENCY:
GSA is amending the U.S.
General Services Administration
Property Management Regulation
(GSPMR) to remove information
concerning the General Services Board
of Contract Appeals (GSBCA), which no
longer exists, and to provide
information concerning its successor,
the Civilian Board of Contract Appeals
(CBCA).
DATES: Effective Date: May 20, 2013.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr. Erik
Dorman, Financial Policy and Analysis
Division, at 202–501–4568 or via email
at erik.dorman@gsa.gov. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at 202–501–4755.
Please cite GSPMR Case 2012–105–1.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
This final rule is to update the
references to the U.S. General Services
Administration Board of Contract
Appeals, which no longer exists, and to
also provide information concerning its
successor, the Civilian Board of Contract
Appeals, to include its creation,
authority, functions, location, mailing
address, and telephone number. The
Administrative Wage Garnishment Code
of Federal Regulations (CFR) Parts
affected are as follows:
• 41 CFR part 105–53 provides a
general description of GSA and of its
components and their functions.
• 41 CFR part 105–55 provides
standards and procedures for the
administrative collection, offset,
compromise, and the suspension or
termination of collection activity for
civil claims for money, funds, or
property, as defined by 31 U.S.C.
3701(b).
• 41 CFR part 105–56 provides
standards and procedures for the
collection under 5 U.S.C. 5514 of certain
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Federal Register / Vol. 78, No. 97 / Monday, May 20, 2013 / Rules and Regulations
debts to the United States by
administrative offset from the
disposable pay of a GSA employee or a
cross-serviced agency employee.
• 41 CFR part 105–57 provides
standards and procedures, pursuant to
the Debt Collection Improvement Act of
1996 (codified at 31 U.S.C. 3720D) and
U.S. Department of the Treasury Wage
Garnishment Regulations (at 31 CFR
285.11), for GSA to collect money from
a debtor’s disposable pay by means of
administrative wage garnishment to
satisfy delinquent non-tax debt owed to
the United States.
• 41 CFR part 105–60 provides a
general description of policies and
procedures of GSA regarding public
access to GSA records.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
III. Regulatory Flexibility Act
This final rule would 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. This
final rule is also exempt from the
Regulatory Flexibility Act per 5 U.S.C.
553(a)(2) because it applies to agency
management. However, this final rule is
being published to provide transparency
in the promulgation of Federal policies.
emcdonald on DSK67QTVN1PROD with RULES
This regulation will not have a
substantial direct effect on the states, on
the relationship between the national
government and the states, or on
distribution of power and
responsibilities among the various
levels of Government. Therefore, in
accordance with E.O. 13132, it is
determined this regulation does not
have sufficient Federalism implications
to warrant the preparation of a
Federalism Assessment.
14:57 May 17, 2013
VI. Small Business Regulatory
Enforcement Fairness Act of 1996
This rule is not a major rule as
defined by section 251 of the U.S. Small
Business Regulatory Enforcement Act, 5
U.S.C. 804. This rule will not result in
an annual effect on the economy of $100
million or more; a major increase in
costs or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic or export
markets.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the FMR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 41 CFR Parts 105–53,
105–55, 105–56, 105–57, and 105–60
Claims, Government public contracts
and property management, and Income
taxes.
Dated: May 3, 2013.
Dan Tangherlini,
Acting Administrator of General Services.
For the reasons set forth in the
preamble, GSA amends 41 CFR parts
105–53, 105–55, 105–56, 105–57, and
105–60 as set forth below:
PART 105–53—STATEMENT OF
ORGANIZATION AND FUNCTIONS
1. The authority citation for 41 CFR
part 105–53 continues to read as
follows:
■
IV. Executive Order 13132
VerDate Mar<15>2010
V. Unfunded Mandates Reform Act of
1995
This regulation will not result in the
expenditure by state, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one (1) year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions were
deemed necessary under the provisions
of the Unfunded Mandates Reform Act
of 1995.
Jkt 229001
Authority: 5 U.S.C. 552(a)(1), Pub. L. 90–
23, 81 Stat. 54 sec. (a)(1); 40 U.S.C. 486(c),
Pub. L. 81–152, 63 Stat. 390, sec. 205(c).
2. Revise § 105–53.120 to read as
follows:
■
§ 105–53.120
numbers.
Address and telephone
The Office of the Administrator;
Office of Civil Rights; Office of Citizen
Services and Innovative Technologies;
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Office of the Chief Information Officer;
Office of Emergency Response and
Recovery; Office of the Chief Financial
Officer; Chief Administrative Services
Officer; Office of Congressional and
Intergovernmental Affairs; Office of
Small Business Utilization; Office of
General Counsel; Office of the Chief
People Officer; Office of
Communications and Marketing; Office
of Governmentwide Policy; Public
Buildings Service and the Office of
Inspector General are located at 18th
and F Streets NW., Washington, DC
20405. The Federal Acquisition Service
is located at 2200 Crystal Drive Room
1000, Arlington, VA 22202–3713;
however, the mailing address is
Washington, DC 20406. The telephone
number for the above addresses is 202–
472–1082. The Civilian Board of
Contract Appeals (CBCA) is located at
1800 M Street NW., 6th Floor,
Washington, DC 20036; however, the
CBCA mailing address is 1800 F Street
NW., Washington, DC 20405. The CBCA
telephone number is 202–606–8800.
The addresses of the eleven regional
offices are provided in § 105–53.151.
■ 3. Revise § 105–53.132 to read as
follows:
§ 105–53.132
Appeals.
Civilian Board of Contract
(a) Creation and authority. The
Civilian Board of Contract Appeals,
headed by the Chairman, Civilian Board
of Contract Appeals, was established on
January 6, 2007, pursuant to section 847
of the National Defense Authorization
Act for Fiscal Year 2006, Pub. L. 109–
163, 119 Stat. 3391.
(b) Functions. The CBCA hears,
considers, and decides contract disputes
between Government contractors and
Executive agencies (other than the U.S.
Department of Defense, the U.S.
Department of the Army, the U.S.
Department of the Navy, the U.S.
Department of the Air Force, the U.S.
National Aeronautics and Space
Administration, the U.S. Postal Service,
the Postal Rate Commission, and the
Tennessee Valley Authority) under the
provisions of the Contract Disputes Act,
41 U.S.C. 7101–7109, and regulations
and rules issued thereunder. The Board
also conducts other proceedings as
required or permitted under statutes or
regulations. Such other proceedings
include the resolution of disputes
involving grants and contracts under the
Indian Self-Determination and
Education Assistance Act, 25 U.S.C.
450, et seq.; the resolution of disputes
between insurance companies and the
U.S. Department of Agriculture’s Risk
Management Agency (RMA) involving
actions of the Federal Crop Insurance
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Corporation (FCIC) pursuant to the
Federal Crop Insurance Act, 7 U.S.C.
1501, et seq.; requests by carriers or
freight forwarders to review actions
taken by the Audit Division of the U.S.
General Services Administration’s
Office of Transportation and Property
Management pursuant to 31 U.S.C.
3726(i)(1); claims by Federal civilian
employees against the United States for
reimbursement of expenses incurred
while on official temporary duty travel,
and expenses incurred in connection
with relocation to a new duty station
pursuant to 31 U.S.C. 3702; and requests
of agency disbursing or certifying
officials, or agency heads, on questions
involving payment of travel or
relocation expenses pursuant to section
204 of the U.S. General Accounting
Office Act of 1996, Public Law 104–316.
(c) Regulations. Regulations
pertaining to CBCA programs are
published in 48 CFR Chapter 61.
Information on availability of the
regulations is provided in § 105–53.116.
§ 105–53.138
[Amended]
4. Amend § 105–53.138 by removing
the word ‘‘Board’’ and adding ‘‘Civilian
Board’’ in its place.
■
8. The authority citation for 41 CFR
part 105–56 continues to read as
follows:
*
■
Authority: 5 U.S.C. 5514; 31 U.S.C. 3711;
31 U.S.C. 3716; 5 CFR part 550, subpart K;
31 CFR part 5; 31 CFR 285.7; 31 CFR parts
900–904.
§ 105–56.003
[Amended]
§ 105–56.006
[FR Doc. 2013–11911 Filed 5–17–13; 8:45 am]
[Amended]
10. Amend § 105–56.006 by—
a. Removing from paragraph (d)(1)
‘‘GSBCA’’ and adding ‘‘CBCA’’ in its
place; and
■ b. Removing from paragraph (e) ‘‘GSA
Central Office, 1800 F St., NW.,
Washington, DC 20405,’’ and adding
‘‘1800 M Street NW., 6th Floor,
Washington, DC 20036,’’ in its place.
■
■
PART 105–57—ADMINISTRATION
WAGE GARNISHMENT
11. The authority citation for 41 CFR
part 105–57 is revised to read as
follows:
5. The authority citation for 41 CFR
part 105–55 continues to read as
follows:
Authority: 5 U.S.C. 552–553, 31 U.S.C.
3720D, 31 CFR 285.11.
Authority: 5 U.S.C. 552–553; 31 U.S.C.
321, 3701, 3711, 3716, 3717, 3718, 3719,
3720B, 3720D; 31 CFR parts 900–904.
■
§ 105–55.002
§ 105–57.002
Definitions.
*
*
*
*
(l) Hearing official means a Board
Judge of the Civilian Board of Contract
Appeals.
*
*
*
*
*
§ 105–55.011
[Amended]
7. Amend § 105–55.011 by—
a. Removing from paragraph (e)(1)
‘‘GSA Board of Contract Appeals
(GSBCA) at the address indicated in
paragraph (e)(6) of this section’’ and
adding ‘‘Civilian Board of Contract
Appeals (CBCA) at 1800 F Street NW.,
Washington, DC 20405’’ in its place;
■ b. Removing from paragraph (e)(5)
‘‘GSBCA’’ and adding ‘‘CBCA’’ in its
place; and
■ c. Removing from paragraph (e)(6)
‘‘GSA Central Office, 1800 F Street NW.,
Washington, DC 20405,’’ and adding
‘‘1800 M Street NW., 6th Floor,
Washington, DC 20036,’’ in its place.
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■
■
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14:57 May 17, 2013
Jkt 229001
[Amended]
12. Amend § 105–57.002 by removing
from paragraph (p) ‘‘GSA Board of
Contract Appeals (GSBCA)’’ and adding
‘‘Civilian Board of Contract Appeals
(CBCA)’’ in its place.
*
Definitions.
*
*
*
*
(d) * * *
(2) The Counsel to the Civilian Board
of Contract Appeals (CBCA) for material
and information which is the
responsibility of the CBCA or testimony
of current or former CBCA employees;
*
*
*
*
*
§ 105–60.603
■
6. Amend § 105–55.002 by revising
paragraph (l) to read as follows:
§ 105–60.602
9. Amend § 105–56.003 by removing
from paragraph (m) ‘‘GSA Board of
Contract Appeals (GSBCA)’’ and adding
‘‘Civilian Board of Contract Appeals
(CBCA)’’ in its place.
■
PART 105–55—COLLECTION OF
CLAIMS OWED THE UNITED STATES
■
15. Amend § 105–60.602 by revising
paragraph (d)(2) to read as follows:
PART 105–56—SALARY OFFSET FOR
INDEBTEDNESS OF FEDERAL
EMPLOYEES TO THE UNITED STATES
■
■
29247
§ 105–57.005
[Amended]
13. Amend § 105–57.005 by—
a. Removing from paragraph (a) ‘‘GSA
Board of Contract Appeals (GSBCA) at
the address indicated in paragraph (b)(2)
of this section’’ and adding ‘‘Civilian
Board of Contract Appeals (CBCA) at
1800 F Street NW., Washington, DC
20405’’ in its place; and
■ b. Removing from paragraph (b)(2)
‘‘GSA Central Office, 1800 F St. NW.,
Washington, DC 20405,’’ and adding
‘‘1800 M Street NW., 6th Floor,
Washington, DC 20036,’’ in its place.
■
■
PART 105–60—PUBLIC AVAILABILITY
OF AGENCY RECORDS AND
INFORMATIONAL MATERIALS
14. The authority citation for 41 CFR
part 105–60 continues to read as
follows:
■
Authority: 5 U.S.C. 301 and 552; 40 U.S.C.
486(c).
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[Amended]
16. Amend § 105–60.603 by removing
from paragraph (a) the word ‘‘Board’’
and adding ‘‘Civilian Board’’ in its
place.
■
BILLING CODE 6820–FM–P
DEPARTMENT OF ENERGY
48 CFR Part 952
RIN 1990–AA37
Contractor Legal Management
Requirements; Acquisition
Regulations; Correction
Department of Energy.
Final rule; correction.
AGENCY:
ACTION:
The Department of Energy
(DOE) is correcting a final rule that
appeared in the Federal Register of May
3, 2013 (78 FR 25795). In this document,
DOE revised existing regulations
covering contractor legal management
requirements. Conforming amendments
were also made to the Department of
Energy Acquisition Regulation (DEAR).
DATES: This correction is effective July
2, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Eric Mulch, Attorney-Adviser, U.S.
Department of Energy, Office of General
Counsel, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 287–5746. Email:
eric.mulch@hq.doe.gov.
SUMMARY:
In FR Doc.
2013–10485, appearing on page 25795
in the Federal Register of Friday, May
3, 2013, the following correction is
made:
SUPPLEMENTARY INFORMATION:
952.231–71
[Corrected]
On page 25817, second column, DEAR
952.231–71(f)(1)(i) is corrected to read:
‘‘(i) Which are otherwise unallowable
by law or the provisions of this contract,
including the cost reimbursement
limitations contained in 48 CFR part
970.31, as supplemented by 48 CFR part
931;’’
■
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Agencies
[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Rules and Regulations]
[Pages 29245-29247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11911]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Parts 105-53, 105-55, 105-56, 105-57, and 105-60
[GSPMR Case 2012-105-1; Docket 2012-0010; Sequence 1]
RIN 3090-AJ28
U.S. General Services Administration Federal Property Management
Regulations; Administrative Wage Garnishment
AGENCY: Office of the Chief Financial Officer, U.S. General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA is amending the U.S. General Services Administration
Property Management Regulation (GSPMR) to remove information concerning
the General Services Board of Contract Appeals (GSBCA), which no longer
exists, and to provide information concerning its successor, the
Civilian Board of Contract Appeals (CBCA).
DATES: Effective Date: May 20, 2013.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Erik Dorman, Financial Policy and Analysis Division, at 202-501-
4568 or via email at erik.dorman@gsa.gov. For information pertaining to
status or publication schedules, contact the Regulatory Secretariat at
202-501-4755. Please cite GSPMR Case 2012-105-1.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule is to update the references to the U.S. General
Services Administration Board of Contract Appeals, which no longer
exists, and to also provide information concerning its successor, the
Civilian Board of Contract Appeals, to include its creation, authority,
functions, location, mailing address, and telephone number. The
Administrative Wage Garnishment Code of Federal Regulations (CFR) Parts
affected are as follows:
41 CFR part 105-53 provides a general description of GSA
and of its components and their functions.
41 CFR part 105-55 provides standards and procedures for
the administrative collection, offset, compromise, and the suspension
or termination of collection activity for civil claims for money,
funds, or property, as defined by 31 U.S.C. 3701(b).
41 CFR part 105-56 provides standards and procedures for
the collection under 5 U.S.C. 5514 of certain
[[Page 29246]]
debts to the United States by administrative offset from the disposable
pay of a GSA employee or a cross-serviced agency employee.
41 CFR part 105-57 provides standards and procedures,
pursuant to the Debt Collection Improvement Act of 1996 (codified at 31
U.S.C. 3720D) and U.S. Department of the Treasury Wage Garnishment
Regulations (at 31 CFR 285.11), for GSA to collect money from a
debtor's disposable pay by means of administrative wage garnishment to
satisfy delinquent non-tax debt owed to the United States.
41 CFR part 105-60 provides a general description of
policies and procedures of GSA regarding public access to GSA records.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. Regulatory Flexibility Act
This final rule would 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. This final rule is
also exempt from the Regulatory Flexibility Act per 5 U.S.C. 553(a)(2)
because it applies to agency management. However, this final rule is
being published to provide transparency in the promulgation of Federal
policies.
IV. Executive Order 13132
This regulation will not have a substantial direct effect on the
states, on the relationship between the national government and the
states, or on distribution of power and responsibilities among the
various levels of Government. Therefore, in accordance with E.O. 13132,
it is determined this regulation does not have sufficient Federalism
implications to warrant the preparation of a Federalism Assessment.
V. Unfunded Mandates Reform Act of 1995
This regulation will not result in the expenditure by state, local
and tribal governments, in the aggregate, or by the private sector, of
$100 million or more in any one (1) year, and it will not significantly
or uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
VI. Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by section 251 of the U.S.
Small Business Regulatory Enforcement Act, 5 U.S.C. 804. This rule will
not result in an annual effect on the economy of $100 million or more;
a major increase in costs or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic or export markets.
VII. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FMR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 41 CFR Parts 105-53, 105-55, 105-56, 105-57,
and 105-60
Claims, Government public contracts and property management, and
Income taxes.
Dated: May 3, 2013.
Dan Tangherlini,
Acting Administrator of General Services.
For the reasons set forth in the preamble, GSA amends 41 CFR parts
105-53, 105-55, 105-56, 105-57, and 105-60 as set forth below:
PART 105-53--STATEMENT OF ORGANIZATION AND FUNCTIONS
0
1. The authority citation for 41 CFR part 105-53 continues to read as
follows:
Authority: 5 U.S.C. 552(a)(1), Pub. L. 90-23, 81 Stat. 54 sec.
(a)(1); 40 U.S.C. 486(c), Pub. L. 81-152, 63 Stat. 390, sec. 205(c).
0
2. Revise Sec. 105-53.120 to read as follows:
Sec. 105-53.120 Address and telephone numbers.
The Office of the Administrator; Office of Civil Rights; Office of
Citizen Services and Innovative Technologies; Office of the Chief
Information Officer; Office of Emergency Response and Recovery; Office
of the Chief Financial Officer; Chief Administrative Services Officer;
Office of Congressional and Intergovernmental Affairs; Office of Small
Business Utilization; Office of General Counsel; Office of the Chief
People Officer; Office of Communications and Marketing; Office of
Governmentwide Policy; Public Buildings Service and the Office of
Inspector General are located at 18th and F Streets NW., Washington, DC
20405. The Federal Acquisition Service is located at 2200 Crystal Drive
Room 1000, Arlington, VA 22202-3713; however, the mailing address is
Washington, DC 20406. The telephone number for the above addresses is
202-472-1082. The Civilian Board of Contract Appeals (CBCA) is located
at 1800 M Street NW., 6th Floor, Washington, DC 20036; however, the
CBCA mailing address is 1800 F Street NW., Washington, DC 20405. The
CBCA telephone number is 202-606-8800. The addresses of the eleven
regional offices are provided in Sec. 105-53.151.
0
3. Revise Sec. 105-53.132 to read as follows:
Sec. 105-53.132 Civilian Board of Contract Appeals.
(a) Creation and authority. The Civilian Board of Contract Appeals,
headed by the Chairman, Civilian Board of Contract Appeals, was
established on January 6, 2007, pursuant to section 847 of the National
Defense Authorization Act for Fiscal Year 2006, Pub. L. 109-163, 119
Stat. 3391.
(b) Functions. The CBCA hears, considers, and decides contract
disputes between Government contractors and Executive agencies (other
than the U.S. Department of Defense, the U.S. Department of the Army,
the U.S. Department of the Navy, the U.S. Department of the Air Force,
the U.S. National Aeronautics and Space Administration, the U.S. Postal
Service, the Postal Rate Commission, and the Tennessee Valley
Authority) under the provisions of the Contract Disputes Act, 41 U.S.C.
7101-7109, and regulations and rules issued thereunder. The Board also
conducts other proceedings as required or permitted under statutes or
regulations. Such other proceedings include the resolution of disputes
involving grants and contracts under the Indian Self-Determination and
Education Assistance Act, 25 U.S.C. 450, et seq.; the resolution of
disputes between insurance companies and the U.S. Department of
Agriculture's Risk Management Agency (RMA) involving actions of the
Federal Crop Insurance
[[Page 29247]]
Corporation (FCIC) pursuant to the Federal Crop Insurance Act, 7 U.S.C.
1501, et seq.; requests by carriers or freight forwarders to review
actions taken by the Audit Division of the U.S. General Services
Administration's Office of Transportation and Property Management
pursuant to 31 U.S.C. 3726(i)(1); claims by Federal civilian employees
against the United States for reimbursement of expenses incurred while
on official temporary duty travel, and expenses incurred in connection
with relocation to a new duty station pursuant to 31 U.S.C. 3702; and
requests of agency disbursing or certifying officials, or agency heads,
on questions involving payment of travel or relocation expenses
pursuant to section 204 of the U.S. General Accounting Office Act of
1996, Public Law 104-316.
(c) Regulations. Regulations pertaining to CBCA programs are
published in 48 CFR Chapter 61. Information on availability of the
regulations is provided in Sec. 105-53.116.
Sec. 105-53.138 [Amended]
0
4. Amend Sec. 105-53.138 by removing the word ``Board'' and adding
``Civilian Board'' in its place.
PART 105-55--COLLECTION OF CLAIMS OWED THE UNITED STATES
0
5. The authority citation for 41 CFR part 105-55 continues to read as
follows:
Authority: 5 U.S.C. 552-553; 31 U.S.C. 321, 3701, 3711, 3716,
3717, 3718, 3719, 3720B, 3720D; 31 CFR parts 900-904.
0
6. Amend Sec. 105-55.002 by revising paragraph (l) to read as follows:
Sec. 105-55.002 Definitions.
* * * * *
(l) Hearing official means a Board Judge of the Civilian Board of
Contract Appeals.
* * * * *
Sec. 105-55.011 [Amended]
0
7. Amend Sec. 105-55.011 by--
0
a. Removing from paragraph (e)(1) ``GSA Board of Contract Appeals
(GSBCA) at the address indicated in paragraph (e)(6) of this section''
and adding ``Civilian Board of Contract Appeals (CBCA) at 1800 F Street
NW., Washington, DC 20405'' in its place;
0
b. Removing from paragraph (e)(5) ``GSBCA'' and adding ``CBCA'' in its
place; and
0
c. Removing from paragraph (e)(6) ``GSA Central Office, 1800 F Street
NW., Washington, DC 20405,'' and adding ``1800 M Street NW., 6th Floor,
Washington, DC 20036,'' in its place.
PART 105-56--SALARY OFFSET FOR INDEBTEDNESS OF FEDERAL EMPLOYEES TO
THE UNITED STATES
0
8. The authority citation for 41 CFR part 105-56 continues to read as
follows:
Authority: 5 U.S.C. 5514; 31 U.S.C. 3711; 31 U.S.C. 3716; 5 CFR
part 550, subpart K; 31 CFR part 5; 31 CFR 285.7; 31 CFR parts 900-
904.
Sec. 105-56.003 [Amended]
0
9. Amend Sec. 105-56.003 by removing from paragraph (m) ``GSA Board of
Contract Appeals (GSBCA)'' and adding ``Civilian Board of Contract
Appeals (CBCA)'' in its place.
Sec. 105-56.006 [Amended]
0
10. Amend Sec. 105-56.006 by--
0
a. Removing from paragraph (d)(1) ``GSBCA'' and adding ``CBCA'' in its
place; and
0
b. Removing from paragraph (e) ``GSA Central Office, 1800 F St., NW.,
Washington, DC 20405,'' and adding ``1800 M Street NW., 6th Floor,
Washington, DC 20036,'' in its place.
PART 105-57--ADMINISTRATION WAGE GARNISHMENT
0
11. The authority citation for 41 CFR part 105-57 is revised to read as
follows:
Authority: 5 U.S.C. 552-553, 31 U.S.C. 3720D, 31 CFR 285.11.
Sec. 105-57.002 [Amended]
0
12. Amend Sec. 105-57.002 by removing from paragraph (p) ``GSA Board
of Contract Appeals (GSBCA)'' and adding ``Civilian Board of Contract
Appeals (CBCA)'' in its place.
Sec. 105-57.005 [Amended]
0
13. Amend Sec. 105-57.005 by--
0
a. Removing from paragraph (a) ``GSA Board of Contract Appeals (GSBCA)
at the address indicated in paragraph (b)(2) of this section'' and
adding ``Civilian Board of Contract Appeals (CBCA) at 1800 F Street
NW., Washington, DC 20405'' in its place; and
0
b. Removing from paragraph (b)(2) ``GSA Central Office, 1800 F St. NW.,
Washington, DC 20405,'' and adding ``1800 M Street NW., 6th Floor,
Washington, DC 20036,'' in its place.
PART 105-60--PUBLIC AVAILABILITY OF AGENCY RECORDS AND
INFORMATIONAL MATERIALS
0
14. The authority citation for 41 CFR part 105-60 continues to read as
follows:
Authority: 5 U.S.C. 301 and 552; 40 U.S.C. 486(c).
0
15. Amend Sec. 105-60.602 by revising paragraph (d)(2) to read as
follows:
Sec. 105-60.602 Definitions.
* * * * *
(d) * * *
(2) The Counsel to the Civilian Board of Contract Appeals (CBCA)
for material and information which is the responsibility of the CBCA or
testimony of current or former CBCA employees;
* * * * *
Sec. 105-60.603 [Amended]
0
16. Amend Sec. 105-60.603 by removing from paragraph (a) the word
``Board'' and adding ``Civilian Board'' in its place.
[FR Doc. 2013-11911 Filed 5-17-13; 8:45 am]
BILLING CODE 6820-FM-P