[Federal Register Volume 72, Number 85 (Thursday, May 3, 2007)]
[Rules and Regulations]
[Page 24536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8420]


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DEPARTMENT OF HOMELAND SECURITY

48 CFR Parts 3001, 3002 and 3033

[Docket No. DHS-2007-0001]
RIN 1601-AA42


Department of Homeland Security Acquisition Regulation: Board of 
Contract Appeals Change

AGENCY: Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: The Department of Homeland Security (DHS) has adopted as 
final, without change, an interim rule amending the Homeland Security 
Acquisition Regulation (HSAR) to reflect a statutorily-mandated 
jurisdictional change for the agency Board of Contract Appeals (BCA). 
Specifically, BCA jurisdiction for DHS has transferred from the U.S. 
Department of Transportation Board of Contract Appeals to the Civilian 
Board of Contract Appeals. This rule also adopts as final, without 
change, several non-substantive amendments to DHS acquisition 
regulations in order to reflect organizational changes.

DATES: This rule is effective May 3, 2007.

FOR FURTHER INFORMATION CONTACT: Anne Terry, Department of Homeland 
Security, Office of the Chief Procurement Officer, Acquisition Policy, 
(202) 447-5253.

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion of Public Comments
III. Regulatory Analyses
    A. Executive Order 12866 Assessment
    B. Regulatory Flexibility Act

I. Background

    DHS published an interim rule at 72 FR 1296 on January 11, 2007, to 
provide notice of HSAR changes that reflect a statutorily-mandated 
jurisdictional change for the agency Board of Contract Appeals (BCA). 
Specifically, BCA jurisdiction for DHS transferred from the U.S. 
Department of Transportation Board of Contract Appeals to the newly 
established Civilian Board of Contract Appeals (CBCA). In the National 
Defense Authorization Act for Fiscal Year 2006, Congress established 
the CBCA and terminated every agency BCA, except for those within the 
armed services, the Tennessee Valley Authority, and the U.S. Postal 
Service. See Public Law 109-163, section 847. Through January 5, 2007, 
the U.S. Department of Transportation's BCA handled DHS contract 
appeals. As of January 6, 2007, the CBCA handles DHS contract appeals. 
This rule also provides technical amendments to correct organizational 
information reflected in the HSAR.

II. Discussion of Public Comments

    DHS received one public comment on the interim rule. The comment, 
however, did not address matters within the scope of the interim rule. 
DHS has adopted the interim rule as a final rule without change.

III. Regulatory Analyses

A. Executive Order 12866 Assessment

    DHS has determined that this final rule is neither a major rule 
under 5 U.S.C. 804 nor a significant regulatory action under Executive 
Order 12866, Regulatory Planning and Review. It therefore does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order, and the Office of Management and Budget has not 
reviewed it.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the term 
``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000. This final rule is not expected to 
have a significant economic impact on a substantial number of small 
entities within the meaning of the Regulatory Flexibility Act.

List of Subjects in 48 CFR Parts 3001, 3002, and 3033

    Government procurement.

Authority and Issuance

0
Accordingly, for the reasons stated in the preamble, the interim rule 
amending 48 CFR parts 3001, 3002, and 3033 that was published at 72 FR 
1296 on January 11, 2007, is adopted as a final rule without change.

    Dated: April 25, 2007.
Elaine C. Duke,
Chief Procurement Officer.
[FR Doc. E7-8420 Filed 5-2-07; 8:45 am]
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