[Federal Register Volume 78, Number 97 (Monday, May 20, 2013)]
[Rules and Regulations]
[Pages 29245-29247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11911]


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GENERAL SERVICES ADMINISTRATION

41 CFR Parts 105-53, 105-55, 105-56, 105-57, and 105-60

[GSPMR Case 2012-105-1; Docket 2012-0010; Sequence 1]
RIN 3090-AJ28


U.S. General Services Administration Federal Property Management 
Regulations; Administrative Wage Garnishment

AGENCY: Office of the Chief Financial Officer, U.S. General Services 
Administration (GSA).

ACTION: Final rule.

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SUMMARY: GSA is amending the U.S. General Services Administration 
Property Management Regulation (GSPMR) to remove information concerning 
the General Services Board of Contract Appeals (GSBCA), which no longer 
exists, and to provide information concerning its successor, the 
Civilian Board of Contract Appeals (CBCA).

DATES: Effective Date: May 20, 2013.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Erik Dorman, Financial Policy and Analysis Division, at 202-501-
4568 or via email at [email protected]. For information pertaining to 
status or publication schedules, contact the Regulatory Secretariat at 
202-501-4755. Please cite GSPMR Case 2012-105-1.

SUPPLEMENTARY INFORMATION: 

I. Background

    This final rule is to update the references to the U.S. General 
Services Administration Board of Contract Appeals, which no longer 
exists, and to also provide information concerning its successor, the 
Civilian Board of Contract Appeals, to include its creation, authority, 
functions, location, mailing address, and telephone number. The 
Administrative Wage Garnishment Code of Federal Regulations (CFR) Parts 
affected are as follows:
     41 CFR part 105-53 provides a general description of GSA 
and of its components and their functions.
     41 CFR part 105-55 provides standards and procedures for 
the administrative collection, offset, compromise, and the suspension 
or termination of collection activity for civil claims for money, 
funds, or property, as defined by 31 U.S.C. 3701(b).
     41 CFR part 105-56 provides standards and procedures for 
the collection under 5 U.S.C. 5514 of certain

[[Page 29246]]

debts to the United States by administrative offset from the disposable 
pay of a GSA employee or a cross-serviced agency employee.
     41 CFR part 105-57 provides standards and procedures, 
pursuant to the Debt Collection Improvement Act of 1996 (codified at 31 
U.S.C. 3720D) and U.S. Department of the Treasury Wage Garnishment 
Regulations (at 31 CFR 285.11), for GSA to collect money from a 
debtor's disposable pay by means of administrative wage garnishment to 
satisfy delinquent non-tax debt owed to the United States.
     41 CFR part 105-60 provides a general description of 
policies and procedures of GSA regarding public access to GSA records.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct 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). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    This final rule would 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. This final rule is 
also exempt from the Regulatory Flexibility Act per 5 U.S.C. 553(a)(2) 
because it applies to agency management. However, this final rule is 
being published to provide transparency in the promulgation of Federal 
policies.

IV. Executive Order 13132

    This regulation will not have a substantial direct effect on the 
states, on the relationship between the national government and the 
states, or on distribution of power and responsibilities among the 
various levels of Government. Therefore, in accordance with E.O. 13132, 
it is determined this regulation does not have sufficient Federalism 
implications to warrant the preparation of a Federalism Assessment.

V. Unfunded Mandates Reform Act of 1995

    This regulation will not result in the expenditure by state, local 
and tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any one (1) year, and it will not significantly 
or uniquely affect small governments. Therefore, no actions were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

VI. Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 251 of the U.S. 
Small Business Regulatory Enforcement Act, 5 U.S.C. 804. This rule will 
not result in an annual effect on the economy of $100 million or more; 
a major increase in costs or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic or export markets.

VII. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FMR do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

List of Subjects in 41 CFR Parts 105-53, 105-55, 105-56, 105-57, 
and 105-60

    Claims, Government public contracts and property management, and 
Income taxes.

    Dated: May 3, 2013.
Dan Tangherlini,
Acting Administrator of General Services.

    For the reasons set forth in the preamble, GSA amends 41 CFR parts 
105-53, 105-55, 105-56, 105-57, and 105-60 as set forth below:

PART 105-53--STATEMENT OF ORGANIZATION AND FUNCTIONS

0
1. The authority citation for 41 CFR part 105-53 continues to read as 
follows:

    Authority: 5 U.S.C. 552(a)(1), Pub. L. 90-23, 81 Stat. 54 sec. 
(a)(1); 40 U.S.C. 486(c), Pub. L. 81-152, 63 Stat. 390, sec. 205(c).


0
2. Revise Sec.  105-53.120 to read as follows:


Sec.  105-53.120  Address and telephone numbers.

    The Office of the Administrator; Office of Civil Rights; Office of 
Citizen Services and Innovative Technologies; Office of the Chief 
Information Officer; Office of Emergency Response and Recovery; Office 
of the Chief Financial Officer; Chief Administrative Services Officer; 
Office of Congressional and Intergovernmental Affairs; Office of Small 
Business Utilization; Office of General Counsel; Office of the Chief 
People Officer; Office of Communications and Marketing; Office of 
Governmentwide Policy; Public Buildings Service and the Office of 
Inspector General are located at 18th and F Streets NW., Washington, DC 
20405. The Federal Acquisition Service is located at 2200 Crystal Drive 
Room 1000, Arlington, VA 22202-3713; however, the mailing address is 
Washington, DC 20406. The telephone number for the above addresses is 
202-472-1082. The Civilian Board of Contract Appeals (CBCA) is located 
at 1800 M Street NW., 6th Floor, Washington, DC 20036; however, the 
CBCA mailing address is 1800 F Street NW., Washington, DC 20405. The 
CBCA telephone number is 202-606-8800. The addresses of the eleven 
regional offices are provided in Sec.  105-53.151.

0
3. Revise Sec.  105-53.132 to read as follows:


Sec.  105-53.132  Civilian Board of Contract Appeals.

    (a) Creation and authority. The Civilian Board of Contract Appeals, 
headed by the Chairman, Civilian Board of Contract Appeals, was 
established on January 6, 2007, pursuant to section 847 of the National 
Defense Authorization Act for Fiscal Year 2006, Pub. L. 109-163, 119 
Stat. 3391.
    (b) Functions. The CBCA hears, considers, and decides contract 
disputes between Government contractors and Executive agencies (other 
than the U.S. Department of Defense, the U.S. Department of the Army, 
the U.S. Department of the Navy, the U.S. Department of the Air Force, 
the U.S. National Aeronautics and Space Administration, the U.S. Postal 
Service, the Postal Rate Commission, and the Tennessee Valley 
Authority) under the provisions of the Contract Disputes Act, 41 U.S.C. 
7101-7109, and regulations and rules issued thereunder. The Board also 
conducts other proceedings as required or permitted under statutes or 
regulations. Such other proceedings include the resolution of disputes 
involving grants and contracts under the Indian Self-Determination and 
Education Assistance Act, 25 U.S.C. 450, et seq.; the resolution of 
disputes between insurance companies and the U.S. Department of 
Agriculture's Risk Management Agency (RMA) involving actions of the 
Federal Crop Insurance

[[Page 29247]]

Corporation (FCIC) pursuant to the Federal Crop Insurance Act, 7 U.S.C. 
1501, et seq.; requests by carriers or freight forwarders to review 
actions taken by the Audit Division of the U.S. General Services 
Administration's Office of Transportation and Property Management 
pursuant to 31 U.S.C. 3726(i)(1); claims by Federal civilian employees 
against the United States for reimbursement of expenses incurred while 
on official temporary duty travel, and expenses incurred in connection 
with relocation to a new duty station pursuant to 31 U.S.C. 3702; and 
requests of agency disbursing or certifying officials, or agency heads, 
on questions involving payment of travel or relocation expenses 
pursuant to section 204 of the U.S. General Accounting Office Act of 
1996, Public Law 104-316.
    (c) Regulations. Regulations pertaining to CBCA programs are 
published in 48 CFR Chapter 61. Information on availability of the 
regulations is provided in Sec.  105-53.116.


Sec.  105-53.138  [Amended]

0
4. Amend Sec.  105-53.138 by removing the word ``Board'' and adding 
``Civilian Board'' in its place.

PART 105-55--COLLECTION OF CLAIMS OWED THE UNITED STATES

0
5. The authority citation for 41 CFR part 105-55 continues to read as 
follows:

    Authority: 5 U.S.C. 552-553; 31 U.S.C. 321, 3701, 3711, 3716, 
3717, 3718, 3719, 3720B, 3720D; 31 CFR parts 900-904.

0
6. Amend Sec.  105-55.002 by revising paragraph (l) to read as follows:


Sec.  105-55.002  Definitions.

* * * * *
    (l) Hearing official means a Board Judge of the Civilian Board of 
Contract Appeals.
* * * * *


Sec.  105-55.011  [Amended]

0
7. Amend Sec.  105-55.011 by--
0
a. Removing from paragraph (e)(1) ``GSA Board of Contract Appeals 
(GSBCA) at the address indicated in paragraph (e)(6) of this section'' 
and adding ``Civilian Board of Contract Appeals (CBCA) at 1800 F Street 
NW., Washington, DC 20405'' in its place;
0
b. Removing from paragraph (e)(5) ``GSBCA'' and adding ``CBCA'' in its 
place; and
0
c. Removing from paragraph (e)(6) ``GSA Central Office, 1800 F Street 
NW., Washington, DC 20405,'' and adding ``1800 M Street NW., 6th Floor, 
Washington, DC 20036,'' in its place.

PART 105-56--SALARY OFFSET FOR INDEBTEDNESS OF FEDERAL EMPLOYEES TO 
THE UNITED STATES

0
8. The authority citation for 41 CFR part 105-56 continues to read as 
follows:

    Authority:  5 U.S.C. 5514; 31 U.S.C. 3711; 31 U.S.C. 3716; 5 CFR 
part 550, subpart K; 31 CFR part 5; 31 CFR 285.7; 31 CFR parts 900-
904.


Sec.  105-56.003  [Amended]

0
9. Amend Sec.  105-56.003 by removing from paragraph (m) ``GSA Board of 
Contract Appeals (GSBCA)'' and adding ``Civilian Board of Contract 
Appeals (CBCA)'' in its place.


Sec.  105-56.006  [Amended]

0
10. Amend Sec.  105-56.006 by--
0
a. Removing from paragraph (d)(1) ``GSBCA'' and adding ``CBCA'' in its 
place; and
0
b. Removing from paragraph (e) ``GSA Central Office, 1800 F St., NW., 
Washington, DC 20405,'' and adding ``1800 M Street NW., 6th Floor, 
Washington, DC 20036,'' in its place.

PART 105-57--ADMINISTRATION WAGE GARNISHMENT

0
11. The authority citation for 41 CFR part 105-57 is revised to read as 
follows:

    Authority: 5 U.S.C. 552-553, 31 U.S.C. 3720D, 31 CFR 285.11.


Sec.  105-57.002  [Amended]

0
12. Amend Sec.  105-57.002 by removing from paragraph (p) ``GSA Board 
of Contract Appeals (GSBCA)'' and adding ``Civilian Board of Contract 
Appeals (CBCA)'' in its place.


Sec.  105-57.005  [Amended]

0
13. Amend Sec.  105-57.005 by--
0
a. Removing from paragraph (a) ``GSA Board of Contract Appeals (GSBCA) 
at the address indicated in paragraph (b)(2) of this section'' and 
adding ``Civilian Board of Contract Appeals (CBCA) at 1800 F Street 
NW., Washington, DC 20405'' in its place; and
0
b. Removing from paragraph (b)(2) ``GSA Central Office, 1800 F St. NW., 
Washington, DC 20405,'' and adding ``1800 M Street NW., 6th Floor, 
Washington, DC 20036,'' in its place.

PART 105-60--PUBLIC AVAILABILITY OF AGENCY RECORDS AND 
INFORMATIONAL MATERIALS

0
14. The authority citation for 41 CFR part 105-60 continues to read as 
follows:

    Authority: 5 U.S.C. 301 and 552; 40 U.S.C. 486(c).

0
15. Amend Sec.  105-60.602 by revising paragraph (d)(2) to read as 
follows:


Sec.  105-60.602  Definitions.

* * * * *
    (d) * * *
    (2) The Counsel to the Civilian Board of Contract Appeals (CBCA) 
for material and information which is the responsibility of the CBCA or 
testimony of current or former CBCA employees;
* * * * *


Sec.  105-60.603  [Amended]

0
16. Amend Sec.  105-60.603 by removing from paragraph (a) the word 
``Board'' and adding ``Civilian Board'' in its place.

[FR Doc. 2013-11911 Filed 5-17-13; 8:45 am]
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