[Federal Register: June 7, 2007 (Volume 72, Number 109)]
[Rules and Regulations]
[Page 31437-31438]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn07-1]
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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
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[[Page 31437]]
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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.
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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
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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]
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