[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Rules and Regulations]
[Page 58886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23224]



48 CFR Part 1633

RIN 3206-AL35

Federal Employees Health Benefits Acquisition Regulation: Board 
of Contract Appeals

AGENCY: Office of Personnel Management.

ACTION: Final rule.


SUMMARY: The Office of Personnel Management (OPM) is adopting as final, 
without change, the proposed rule published April 7, 2008 to remove the 
designation of the Armed Services Board of Contract Appeals (ASBCA) 
from the Federal Employees Health Benefits Acquisition Regulation 

DATES: Effective October 8, 2008.

FOR FURTHER INFORMATION CONTACT: For further information contact 
Marguerite Martel, Policy Analyst, at 202-606-1772 or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: OPM published a proposed rule to remove the 
designation of the ASBCA from the FEHBAR on April 7, 2008, at 73 FR 
18729. No comments were received. Accordingly, OPM is adopting the 
proposed rule without change. The rule implements the provisions of the 
National Defense Authorization Act of 2006, which created the Civilian 
Board of Contract Appeals (CBCA) with authority extending to most 
civilian agencies, including OPM. The CBCA has now replaced the ASBCA 
as the venue for claims brought under the Act for the Federal Employees 
Health Benefits (FEHB) Program. OPM is updating the FEHBAR to eliminate 
reference to the ASBCA 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.
Howard Weizmann,
Deputy Director.

Accordingly, under the authority of 5 U.S.C. 8913; 40 U.S.C. 486(c); 48 
CFR 1.301 OPM is amending chapter 16 of title 48 of the Code of Federal 
Regulations by removing and reserving part 1633.


 [FR Doc. E8-23224 Filed 10-7-08; 8:45 am]