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 week.

Rules and Regulations Federal Register

31437 

Vol. 72, No. 109 

Thursday, June 7, 2007 

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. 

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. 

■ 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: 


rwilkins on PROD1PC63 with RULES
31438 Federal Register / Vol. 72, No. 109 / Thursday, June 7, 2007 / Rules and Regulations 

Title—7 Agriculture 

PART 24—[Removed and reserved] 

■ 1. Remove and reserve part 24, 

consisting of §§ 24.1 through 24.21. 

PART 400—GENERAL 

ADMINISTRATIVE REGULATIONS 

■ 2. Revise the authority citation for part 

400 to read as follows: 

Authority: 40 U.S.C. 121, 41 U.S.C. 421. 

■ 3. Amend § 400.169 by revising the 

last sentence of paragraph (c) and 

paragraph (d) to read as follows: 

§ 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 

■ 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. 

■ 5. Amend § 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: 

§ 223.138 Procedures for Debarment. 

* * * * * 

(b) * * * 

(7) * * * 

(i) * * * 

(C) State the period of debarment, 

including effective dates (see § 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 

■ 6. Revise the authority citation for part 

409 to read as follows: 

Authority: 40 U.S.C. 121, 41 U.S.C. 421. 

■ 7. Remove § 409.470. 

PART 432—CONTRACT FINANCING 

■ 8. Revise the authority citation for part 

432 to read as follows: 

Authority: 40 U.S.C. 121, 41 U.S.C. 421. 

■ 9. Revise § 432.616 to read as follows: 

§ 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 

■ 10. Revise the authority citation for 

part 433 to read as follows: 

Authority: 40 U.S.C. 121, 41 U.S.C. 421. 

■ 11. Revise § 433.203–70 to read as 

follows: 

§ 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] 

BILLING CODE 3410–01–M 

FEDERAL ELECTION COMMISSION 

11 CFR Part 104 

[Notice 2007–13] 

Statement of Policy Regarding 

Treasurers’ Best Efforts To Obtain, 

Maintain, and Submit Information as 

Required by the Federal Election 

Campaign Act 

AGENCY: Federal Election Commission. 

ACTION: Statement of Policy. 

SUMMARY: The Federal Election 

Commission (the ‘‘Commission’’) is 

issuing a Policy Statement to clarify its 

enforcement policy with respect to the 

circumstances under which it intends to 

consider a political committee and its 

treasurer to be in compliance with the 

recordkeeping and reporting 

requirements of the Federal Election 

Campaign Act, as amended (‘‘FECA’’). 

Section 432(i) of FECA provides that 

when the treasurer of a political 

committee demonstrates that best efforts 

were used to obtain, maintain, and 

submit the information required by 

FECA, any report or records of such 

committee shall be considered in 

compliance with FECA or the statutes 

governing the public financing of 

Presidential candidates. In the past, the 

Commission has interpreted this section 

to apply only to a treasurer’s efforts to 

obtain required information from 

contributors to a political committee, 

and not to maintaining information or to 

submitting reports. However, the district 

court in Lovely v. FEC, 307 F. Supp. 2d 

294 (D. Mass. 2004), held that the 

Commission should consider whether a 

treasurer used best efforts under FECA 

with regard to efforts made to submit a 

report in a timely manner. This Policy 

Statement makes clear that the 

Commission intends to apply FECA’s 

best efforts provision to treasurers’ and 

committees’ efforts to obtain, maintain, 

and submit information and records to 

the Commission consistent with the 

holding of the Federal court in Lovely. 

Further information is provided in the 

supplementary information that follows. 

DATES: Effective Date: June 7, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ron B. Katwan, Assistant General 

Counsel, or Ms. Margaret G. Perl, 

Attorney, 999 E Street, NW., 

Washington, DC 20463, (202) 694–1650 

or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Statutory and Regulatory Provisions 

FECA states the ‘‘best efforts defense’’

in 2 U.S.C. 432(i) as follows: 

When the treasurer of a political committee 

shows that best efforts have been used to 

obtain, maintain, and submit the information 

required by this Act for the political 

committee, any report or any records of such 

committee shall be considered in compliance 

with this Act or chapter 95 or chapter 96 of 

title 26. 

The Commission implemented this 

provision in 11 CFR 104.7(a) with 

regulatory language virtually identical 

to the statutory provision: 

When the treasurer of a political committee 

shows that best efforts have been used to 

obtain, maintain and submit the information 

required by the Act for the political 

committee, any report of such committee 

shall be considered in compliance with the 

Act. 

Paragraph (b) of 11 CFR 104.7 

specifies the actions that treasurers of a 

political committee must take to 

demonstrate that they have exercised 

best efforts to obtain and report the 

‘‘identification’’ of each person whose 

contribution(s) to the political 

committee and its affiliated political 

committees aggregate in excess of $200 

in a calendar year (or in an election 


rwilkins on PROD1PC63 with RULES