Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 14095 

OMB approval for the rule section 

which contains information collection 

requirements has been received and 

when the revised rule will take effect. 

This document is consistent with the 

statement in the published summary 

document of the Fourth Memorandum 

Opinion and Order. 

DATES: The amendments to § 25.146 

published at 68 FR 43946, July 25, 2003 

are effective on March 24, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Cathy Williams on (202) 418–2918 or 

send an email to: 

Cathy.Williams@fcc.gov. 

SUPPLEMENTARY INFORMATION: This 

document announces that, on August 

13, 2003, OMB approved, for a period of 

three years, the information collection 

requirements contained in § 25.146 of 

the Commission’s rules. The 

Commission publishes this document to 

announce that § 25.146 published at 68 

FR 43942, July 25, 2003 is effective on 

the date of publication of this document 

in the Federal Register. If you have any 

comments on the burden estimates, or 

how the Commission can improve the 

collections and reduce any burdens 

caused thereby, please contact Cathy 

Williams, Federal Communications 

Commission, Room 1–C823, 445 12th 

Street, SW., Washington, DC 20554. 

Please include OMB Control Number 

3060–1014 in your correspondence. The 

Commission also will accept your 

comments via the Internet if you send 

them to PRA@fcc.gov. To request 

materials in accessible formats for 

people with disabilities (Braille, large 

print, electronic files, audio format), 

send an e–mail to fcc504@fcc.gov or call 

the Consumer & Governmental Affairs 

Bureau at (202)418–0530 (voice), (202) 

418–0432 (TTY). 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2010–6450 Filed 3–23–10; 8:45 am] 

BILLING CODE 6712–01–S 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Chapter 2 

Defense Federal Acquisition 

Regulation Supplement; Appendix A, 

Armed Services Board of Contract 

Appeals, Part 1—Charter 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing the updated 

Charter of the Armed Services Board of 

Contract Appeals (ASBCA), dated May 

14, 2007. The ASBCA is chartered to 

serve as the authorized representative of 

the Secretary of Defense and the 

Secretaries of the Army, Navy, and Air 

Force in hearing, considering, and 

determining appeals by contractors from 

decisions of contracting officers or their 

authorized representatives or other 

authorities regarding claims on 

contracts under the Contract Disputes 

Act of 1978 or other remedy-granting 

provisions. 

DATES: Effective Date: March 24, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), 3060 Defense Pentagon, 

Room 3B855, Washington, DC 20301– 

3060, Telephone 703–602–1302; 

facsimile 703–602–0350. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This publication of Appendix A of the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) updates the 

Charter of the ASBCA from the most 

recent prior version, dated July 1, 1979, 

to its latest version, dated May 14, 2007. 

The updated Charter implements 

changes to ASBCA internal 

administration to better support the 

Board’s mission of hearing, considering, 

and determining appeals by contractors 

from decisions of contracting officers or 

their authorized representatives or other 

authorities on disputed questions. In 

addition to minor administrative 

changes, the following substantive 

changes are made to the Charter: 

1. The two-year term limits for the 

Chairman and Vice-Chairmen are 

removed at paragraph 2. 

2. The Board is granted, at paragraph 

5, all powers necessary and incident to 

the proper performance of its duties, 

including authority to issue methods of 

procedures and rules and regulations for 

its conduct and for the preparation and 

presentation of appeals and issuance of 

opinions. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant DFARS 

revision within the meaning of FAR 

1.501 and public comment is not 

required in accordance with 41 U.S.C. 

418b(a). 

C. Paperwork Reduction Act 

This rule does not impose any new 

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 Appendix A 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, DoD is amending 48 CFR 

Appendix A to Chapter 2 as follows: 

■ 1. The authority citation for 48 CFR 

Appendix A to Chapter 2 continues to 

read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

■ 2. Appendix A is amended by revising 

Part 1—Charter, to read as follows: 

Appendix A to Chapter 2—Armed 

Services Board of Contract Appeals 

* * * * * 

(Revised DATE) 

Armed Services Board of Contract Appeals 

Approved 1 May 1962. 

Revised 1 May 1969. 

Revised 1 September 1973. 

Revised 1 July 1979. 

Revised 27 June 2000. 

Revised 14 May 2007. 

Part 1—Charter 

1. There is created the Armed Services 

Board of Contract Appeals which is hereby 

designated as the authorized representative 

of the Secretary of Defense, the Secretary of 

the Army, the Secretary of the Navy and the 

Secretary of the Air Force, in hearing, 

considering and determining appeals by 

contractors from decisions of contracting 

officers or their authorized representatives or 

other authorities on disputed questions. 

These appeals may be taken (a) pursuant to 

the Contract Disputes Act of 1978 (41 U.S.C. 

Sect. 601, et seq.), (b) pursuant to the 

provisions of contracts requiring the decision 

by the Secretary of Defense or by a Secretary 

of a Military Department or their duly 

authorized representative, or (c) pursuant to 

the provisions of any directive whereby the 

Secretary of Defense or the Secretary of a 

Military Department or their authorized 

representative has granted a right of appeal 

not contained in the contract on any matter 

consistent with the contract appeals 

procedure. The Board may determine 

contract disputes for other departments and 

agencies by agreement as permitted by law. 

The Board shall operate under general 

policies established or approved by the 

Under Secretary of Defense for Acquisition, 

Technology and Logistics and may perform 

other duties as directed not inconsistent with 

the Contract Disputes Act of 1978. 

2. Membership of the Board shall consist 

of attorneys at law who have been qualified 

in the manner prescribed by the Contract 

Disputes Act of 1978. Members of the Board 

are hereby designated Administrative Judges. 

There shall be appointed from the Judges of 

the Board a Chairman and two or more ViceChairmen. Appointment of the Chairman and 

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14096 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 

Vice-Chairmen and other Judges of the Board 

shall be made by the Under Secretary of 

Defense for Acquisition, Technology and 

Logistics, the General Counsel of the 

Department of Defense, and the Assistant 

Secretaries of the Military Departments 

responsible for acquisition. The Chairman 

may designate a Judge of the Board to serve 

as an Acting Chairman or Acting Vice 

Chairman. 

3. It shall be the duty and obligation of the 

Judges of the Armed Services Board of 

Contract Appeals to decide appeals on the 

record of the appeal to the best of their 

knowledge and ability in accordance with 

applicable contract provisions and in 

accordance with law and regulation pertinent 

thereto. 

4. The Chairman of the Board shall be 

responsible for establishing appropriate 

divisions of the Board to provide for the most 

effective and expeditious handling of 

appeals. The Chairman shall designate one 

Judge of each division as the division head. 

The Chairman may refer an appeal of 

unusual difficulty, significant precedential 

importance, or serious dispute within the 

normal decision process for decision by the 

senior deciding group. The division heads 

and the Chairman and Vice-Chairmen, 

together with, if applicable, the author of the 

decision so referred, shall constitute the 

senior deciding group of the Board. The 

decision of the Board in cases so referred to 

the senior deciding group shall be by 

majority vote of the participating Judges of 

that group. A majority of the Judges of a 

division shall constitute a quorum for the 

transaction of the business of each, 

respectively. Decisions of the Board shall be 

by majority vote of the Judges of a division 

participating and the Chairman and a ViceChairman, unless the Chairman refers the 

appeal for decision by the senior deciding 

group. An appeal involving a small claim as 

defined by the Contract Disputes Act of 1978 

may be decided by a single Judge or fewer 

Judges of the Board than hereinbefore 

provided for cases of unlimited dollar 

amount, under accelerated or expedited 

procedures as provided in the Rules of the 

Board and the Contract Disputes Act of 1978. 

5. The Board shall have all powers 

necessary and incident to the proper 

performance of its duties. The Board has the 

authority to issue methods of procedure and 

rules and regulations for its conduct and for 

the preparation and presentation of appeals 

and issuance of opinions. 

6. Any Judge of the Board or any examiner, 

designated by the Chairman, shall be 

authorized to hold hearings, examine 

witnesses, and receive evidence and 

argument. A Judge of the Board shall have 

authority to administer oaths and issue 

subpoenas as specified in the Contract 

Disputes Act of 1978. In cases of contumacy 

or refusal to obey a subpoena, the Chairman 

may request orders of the court in the manner 

prescribed in the Contract Disputes Act of 

1978. 

7. The Chairman shall be responsible for 

the internal organization of the Board and for 

its administration. He shall provide within 

approved ceilings for the staffing of the Board 

with non-Judge personnel, including hearing 

examiners, as may be required for the 

performance of the functions of the Board. 

The Chairman shall appoint a Recorder of the 

Board. All personnel shall be responsible to 

and shall function under the direction, 

supervision and control of the Chairman. 

Judges shall decide cases independently. 

8. The Board will be serviced by the 

Department of the Army for administrative 

support as required for its operations. 

Administrative support will include 

budgeting, funding, fiscal control, manpower 

control and utilization, personnel 

administration, security administration, 

supplies, and other administrative services. 

The Departments of the Army, Navy, Air 

Force and the Office of the Secretary of 

Defense will participate in financing the 

Board’s operations on an equal basis and to 

the extent determined by the Under Secretary 

of Defense (Comptroller). The cost of 

processing appeals for departments and 

agencies other than those in the Department 

of Defense will be reimbursed. 

9. Within 30 days following the close of a 

calendar quarter, the Chairman shall forward 

a report of the Board’s proceedings for the 

quarter to the Under Secretary of Defense for 

Acquisition, Technology and Logistics, the 

General Counsel of the Department of 

Defense, the Assistant Secretaries of the 

Military Departments responsible for 

acquisition, and to the Director of the 

Defense Logistics Agency. The Chairman of 

the Board will also furnish the Secretary of 

Defense, the General Counsel of the 

Department of Defense, the Secretaries of the 

Military Departments, and the Director of the 

Defense Logistics Agency, an annual report 

containing an account of the Board’s 

transactions and proceedings for the 

preceding fiscal year. 

10. The Board shall have a seal bearing the 

following inscription: ‘‘Armed Services Board 

of Contract Appeals.’’ This seal shall be 

affixed to all authentications of copies of 

records and to such other instruments as the 

Board may determine. 

11. This revised charter is effective May 14, 

2007. 

Approved: 

(signed) Kenneth J. Krieg (14 May 2007), 

Under Secretary of Defense (Acquisition, 

Technology and Logistics). 

(signed) William J. Haynes II, 

General Counsel of the Department of 

Defense. 

(signed) Claude M. Bolton, Jr., 

Assistant Secretary of the Army (Acquisition, 

Logistics, & Technology). 

(signed) Delores M. Etter, 

Assistant Secretary of the Navy (Research, 

Development & Acquisition). 

(signed) Sue C. Peyton, 

Assistant Secretary of the Air Force 

(Acquisition). 

* * * * * 

[FR Doc. 2010–6524 Filed 3–23–10; 8:45 am] 

BILLING CODE 5001–08–P 

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