[Federal Register Volume 73, Number 67 (Monday, April 7, 2008)]
[Proposed Rules]
[Pages 18730-18731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7155]



48 CFR Part 2133

RIN 3206-AL46

Federal Employees Group Life Insurance Federal Acquisition 
Regulation: Board of Contract Appeals

AGENCY: Office of Personnel Management.

ACTION: Proposed rule.


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 Group Life Insurance Federal 
Acquisition Regulation (LIFAR). 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-
AL46, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include RIN 3206-AL46 
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 

SUPPLEMENTARY INFORMATION: The Contract Disputes Act (41 U.S.C. 601-
613) (CDA) allows Federal Government contractors, including carriers 
participating in the Federal Employees Group Life Insurance (FEGLI) 
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 the FEGLI carrier and the 
Office of Personnel Management (OPM).
    The NDAA of 2006, in addition to eliminating agency board 
designation 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 FEGLI Program. OPM is updating the 
LIFAR to reflect this change in the law.

Collection of Information Requirement

    This rulemaking makes a minor clarifying amendment to the Federal 
Employees Group Life Insurance Federal 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,

[[Page 18731]]

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 FEGLI life insurance 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 FEGLI life insurance 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 2133

    Government employees, Government procurement, Health insurance.

Office of Personnel Management.
Linda M. Springer,
    Accordingly, by the authority of 5 U.S.C. 8716; 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 2133:


 [FR Doc. E8-7155 Filed 4-4-08; 8:45 am]