[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Notices]
[Page 45075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21617]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. FAA-2001-10478; Notice No. 01-10]
RIN 2120-AH45


Proposed Guidance for the Use of Binding Arbitration Under the 
Administrative Dispute Resolution Act of 1996

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed guidance and request for comments.

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SUMMARY: The Office of Dispute Resolution for Acquisition (ODAR) of the 
FAA, a modal administration of the United States Department of 
Transportation, proposes to use binding arbitration among other 
alternative dispute resolution (ADR) techniques for purposes of 
resolving bid protests and contract disputes relating to procurements 
and contracts under the FAA Acquisition Management System. The 
Guidance, which is set forth in full on the Internet at http://www.faa.gov/agc/guidnce.htm, was developed pursuant to the 
Administrative Dispute Resolution Act (ADRA) of 1996, Pub. L. 104-320 
(October 19, 1996), 5 U.S.C. 571-583. In accordance with Section 575 of 
the ADRA, the FAA has submitted the Guidance to the Attorney General 
for consultation. The Attorney General has informed the FAA that he 
concurs in the Guidance.

DATES: Comments must be received on or before September 26, 2001.

ADDRESSES: Comments on the Guidance may be delivered, mailed, or sent 
by facsimile to the FAA Office of Dispute Resolution for Acquisition, 
AGC-70, Room 8332, 400 7th Street, SW., Washington, DC 20590, facsimile 
number (202) 366-7400. Comments may also be submitted electronically to 
the following Internet address: [email protected]. Comments may be 
examined in Room 8332, between 10:00 a.m. and 4:00 p.m., weekdays 
except federal holidays.

FOR FURTHER INFORMATION CONTACT: Marie A. Collins, Dispute Resolution 
Office, FAA Office of Dispute Resolution for Acquisition, AGC-70, Room 
8332, Federal Aviation Administration, 400 7th Street, SW., Washington, 
DC 20590, telephone number (202) 366-6400.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the finalization 
of the Guidance by submitting such written comments, views, or 
arguments as they may desire. All comments received will be available 
for public inspection before and after the comment closing date. All 
comments received on or before the closing date will be considered by 
the FAA. Late-filed comments will be considered to the extent 
practicable. The Guidance referenced in this notice may be changed in 
light of the comments received.

Availability of the Guidance

    This notice and request for comments merely identifies the 
Guidance. A complete copy of the Guidance may be downloaded from the 
Internet at the FAA Website at http://www.faa.gov/agc/guidnce.htm, or 
may be obtained from the ODRA directly.

Background

    In the ADRA of 1996, Congress authorizes federal agencies to 
utilize binding arbitration to resolve administrative disputes, 
provided that conditions specified in the ADRA are satisfied. Among 
other things, the ADRA requires that interested agencies develop and 
issue guidance on the appropriate use of arbitration. In accordance 
with Section 575 of the ADRA, the FAA Guidance for use of binding 
arbitration to resolve government contract disputes was developed in 
consultation with the Attorney General. The FAA has been informed by 
the Department of Justice that the Attorney General concurs in the 
Guidance.
    The Guidance satisfies the requirements regarding binding 
arbitration specified by the ADRA of 1996; and addresses use of binding 
arbitration in a manner consistent with the FAA dispute resolution 
process and the ODRA's procedural rules, 14 CFR 17.

    Issued in Washington, DC, on August 22, 2001.
David G. Leitch,
Chief Counsel.
[FR Doc. 01-21617 Filed 8-24-01; 8:45 am]
BILLING CODE 4910-13-M