46950 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules 

This document does not contain 

proposed information collection 

requirements subject to the Paperwork 

Reduction Act of 1995, Public Law 104–

13. In addition, therefore, it does not 

contain any proposed information 

collection burden ‘‘for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 

List of Subjects in 47 CFR Part 73 

Radio, Radio broadcasting. 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

Part 73 as follows: 

PART 73—RADIO BROADCAST 

SERVICES 

1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303, 334, 336. 

§ 73.202 [Amended] 

2. Section 73.202(b), the Table of FM 

Allotments under Texas is amended by 

adding Channel 235A at Markham. 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division Media 

Bureau. 

[FR Doc. E7–16566 Filed 8–21–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 33 

[FAR Case 2006–031; Docket 2007–0001; 

Sequence 8] 

RIN 9000–AK79 

Federal Acquisition Regulation; FAR 

Case 2006–031, Enhanced Access for 

Small Business 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

implement Section 857 of the John 

Warner National Defense Authorization 

Act for Fiscal Year 2007 (Pub. L. 109–

364). 

DATES: Interested parties should submit 

written comments to the FAR 

Secretariat on or before October 22, 

2007 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2006–031 by any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for any 

document by first selecting the proper 

document types and selecting ‘‘Federal 

Acquisition Regulation’’ as the agency 

of choice. At the ‘‘Keyword’’ prompt, 

type in the FAR case number (for 

example, FAR Case 2006–031) and click 

on the ‘‘Submit’’ button. You may also 

search for any document by clicking on 

the ‘‘Advanced search/document 

search’’ tab at the top of the screen, 

selecting from the agency field ‘‘Federal 

Acquisition Regulation’’, and typing the 

FAR case number in the keyword field. 

Select the ‘‘Submit’’ button. Please 

include any personal and/or business 

information inside the document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW., Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAR case 2006–031 in all 

correspondence related to this case. All 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Procurement 

Analyst, at (202) 208–6925 for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. Please cite FAR case 

2006–031. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 857 of the John Warner 

National Defense Authorization Act 

Fiscal Year 2007 (Pub. L. 109–364) 

created a higher ceiling for small 

businesses to use the small claims 

procedure to appeal a contracting 

officer’s final decision. This proposed 

rule amends the FAR to add the higher 

ceiling at 33.211(a)(4)(v). 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Councils do not expect this 

proposed rule to 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 this 

proposed rule does not change the rules 

for buying and does not add an 

information collection requirement. An 

Initial Regulatory Flexibility Analysis 

has, therefore, not been performed. We 

invite comments from small businesses 

and other interested parties. The 

Councils will consider comments from 

small entities concerning the affected 

FAR Part 33 in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAR case 2006–031), 

in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR 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 48 CFR Part 33 

Government procurement. 


yshivers on PROD1PC62 with PROPOSALS
Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules 46951 

Dated: August 14, 2007 

Al Matera, 

Director, Office of Acquisition Policy. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR part 33 as set 

forth below: 

1. The authority citation for 48 CFR 

part 33 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 33—PROTESTS, DISPUTES, 

AND APPEALS 

2. Amend section 33.211 by revising 

paragraph (a)(4) to read as follows: 

33.211 Contracting officer’s decision. 

(a) * * * 

(4) Prepare a written decision that 

shall include a—

(i) A description of the claim or 

dispute; 

(ii) A reference to the pertinent 

contract terms; 

(iii) A statement of the factual areas of 

agreement and disagreement; 

(iv) A statement of the contracting 

officer’s decision, with supporting 

rationale; 

(v) Paragraphs substantially as 

follows: 

‘‘This is the final decision of the 

Contracting Officer. You may appeal 

this decision to the agency board of 

contract appeals. If you decide to 

appeal, you must, within 90 days from 

the date you receive this decision, mail 

or otherwise furnish written notice to 

the agency board of contract appeals 

and provide a copy to the Contracting 

Officer from whose decision this appeal 

is taken. The notice shall indicate that 

an appeal is intended, reference this 

decision, and identify the contract by 

number. With regard to appeals to the 

agency board of contract appeals, you 

may, solely at your election, proceed 

under the board’s—

(1) Small claim procedure for claims 

of $50,000 or less or, in the case of a 

small business concern (as defined in 

the Small Business Act and regulations 

under that Act), $150,000 or less; or 

(2) Accelerated procedure for claims 

of $100,000 or less. 

Instead of appealing to the agency 

board of contract appeals, you may 

bring an action directly in the United 

States Court of Federal Claims (except 

as provided in the Contract Disputes Act 

of 1978, 41 U.S.C. 603, regarding 

Maritime Contracts) within 12 months 

of the date you receive this decision’’; 

and 

(vi) Demand for payment prepared in 

accordance with 32.610(b) in all cases 

where the decision results in a finding 

that the contractor is indebted to the 

Government. 

* * * * * 

[FR Doc. 07–4077 Filed 8–21–07; 8:45 am] 

BILLING CODE 6820–EP–S 


yshivers on PROD1PC62 with PROPOSALS