[Federal Register: April 7, 2008 (Volume 73, Number 67)]
[Proposed Rules]
[Page 18729-18730]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap08-19]
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OFFICE OF PERSONNEL MANAGEMENT
48 CFR Part 1633
RIN 3206-AL35
Federal Employees Health Benefits Acquisition Regulation: Board
of Contract Appeals
AGENCY: Office of Personnel Management.
ACTION: Proposed rule.
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SUMMARY: The Office of Personnel Management (OPM) is issuing a proposed
rule to remove the designation of the Armed Services Board of Contract
Appeals (ASBCA) from the Federal Employees Health Benefits Acquisition
Regulation (FEHBAR). The ASBCA designation is no longer appropriate
since the creation of the Civilian Board of Contract Appeals by the
National Defense Authorization Act of 2006.
DATES: Effective Date: Effective May 7, 2008.
ADDRESSES: You may submit written comments, identified by RIN 3206-
AL35, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: marguerite.martel@opm.gov. Include RIN 3206-AL35
in the subject line of the message.
Fax: 202-606-0633.
Mail: Marguerite Martel, 1900 E Street, NW., Room 3415,
Washington, DC 20415. 202-606-0004.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
rulemaking.
SUPPLEMENTARY INFORMATION: The Contract Disputes Act (41 U.S.C. 601-
613) (CDA) allows Federal Government contractors, including carriers
participating in the Federal Employees Health Benefits (FEHB) Program,
to appeal official decisions made by a contracting officer to an agency
board of contract appeals. Prior to the enactment of the National
Defense Authorization Act of 2006 (NDAA), the CDA authorized each
agency to create their own board or, in the alternative, to designate
another agency's board for this purpose. Previously, the Armed Services
Board of Contract Appeals (ASBCA) served as the agency board of
contract appeals for appeals between FEHB carriers and the Office of
Personnel Management (OPM).
The NDAA of 2006, in addition to eliminating agency board
designation
[[Page 18730]]
authority, dismantled most existing agency boards, creating as a
replacement the Civilian Board of Contract Appeals (CBCA) with
authority extending to most civilian agencies, including OPM.
Accordingly, the CBCA has now replaced the ASBCA as the venue for
claims brought under the Act for the FEHB Program. OPM is updating the
FEHBAR to reflect this change in the law.
Collection of Information Requirement
This rulemaking makes a minor clarifying amendment to the Federal
Employees Health Benefits Acquisition Regulations. The rule does not
impose information collection and recordkeeping requirements that meet
the definition of the Paperwork Reduction Act of 1995's term
``collection of information,'' which means obtaining, causing to be
obtained, soliciting, or requiring the disclosure to third parties or
the public, of facts or opinions by or for an agency, regardless of
form or format, calling for either answers to identical questions posed
to, or identical reporting or recordkeeping requirements imposed on ten
or more persons, other than agencies, instrumentalities, or employees
of the United States; or answers to questions posed to agencies,
instrumentalities, or employees of the United States which are to be
used for general statistical purposes. Consequently, it need not be
reviewed by the Office of Management and Budget under the authority of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires agencies to analyze
options for regulatory relief of small businesses. For purposes of the
RFA, small entities include small businesses, nonprofit organizations,
and government agencies with revenues of $11.5 million or less in any
one year. This rulemaking affects FEHB Program carriers and their
contractual arrangements that exceed the dollar threshold. Therefore, I
certify that this regulation will not have a significant economic
impact on a substantial number of small entities.
Regulatory Impact Analysis
We have examined the impact of this proposed rule as required by
Executive Order 12866 (September 1993, Regulatory Planning and Review),
the RFA (September 16, 1980, Pub. L. 96-354), section 1102(b) of the
Social Security Act, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4), and Executive Order 13132. Executive Order 12866 (as amended by
Executive Order 13258, which merely assigns responsibility of duties)
directs 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). A regulatory impact analysis (RIA) must be
prepared for major rules with economically significant effects ($100
million or more in any one year). This rule is not considered a major
rule, as defined in title 5, United States Code, section 804(2),
because we estimate it will affect only FEHB carriers. Any resulting
economic impact would not be expected to exceed the dollar threshold.
Executive Order 12866, Regulatory Review
This rule has been reviewed by the Office of Management and Budget
in accordance with Executive Order 12866.
List of Subjects in 48 CFR Part 1633
Government employees, Government procurement, Health insurance.
Office of Personnel Management.
Linda M. Springer,
Director.
Accordingly, by the authority of 5 U.S.C. 8913; 41 U.S.C. 401 et
seq.; 48 CFR 1.301, OPM is amending chapter 16 of title 48 of the Code
of Federal Regulations by removing part 1633:
PART 1633--[REMOVED AND RESERVED]
[FR Doc. E8-7152 Filed 4-4-08; 8:45 am]
BILLING CODE 6325-39-P