58886 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

(methoxyimino) acetamide, in or on the 

following food commodities: 

Commodity Parts per million 

Caneberry, subgroup 

13A-07 ......................... 4.0 

Cilantro, leaves ............... 19 

* * * * * 

Leafy greens, subgroup 

4A ................................ 19 

Leaf petioles, subgroup 

4B ................................ 6.0 

* * * * * 

Onion, bulb, subgroup 3- 

07A .............................. 0.05 

Onion, green, subgroup 

3-07B ........................... 1.1 

* * * * * 

* * * * * 

[FR Doc. E8–23864 Filed 10–7–08; 8:45 am] 

BILLING CODE 6560–50–S 

OFFICE OF PERSONNEL 

MANAGEMENT 

48 CFR Part 1633 

RIN 3206–AL35 

Federal Employees Health Benefits 

Acquisition Regulation: Board of 

Contract Appeals 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is adopting as final, 

without change, the proposed rule 

published April 7, 2008 to remove the 

designation of the Armed Services 

Board of Contract Appeals (ASBCA) 

from the Federal Employees Health 

Benefits Acquisition Regulation 

(FEHBAR). 

DATES: Effective October 8, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

further information contact Marguerite 

Martel, Policy Analyst, at 202–606–1772 

or e-mail: marguerite.martel@opm.gov. 

SUPPLEMENTARY INFORMATION: OPM 

published a proposed rule to remove the 

designation of the ASBCA from the 

FEHBAR on April 7, 2008, at 73 FR 

18729. No comments were received. 

Accordingly, OPM is adopting the 

proposed rule without change. The rule 

implements the provisions of the 

National Defense Authorization Act of 

2006, which created the Civilian Board 

of Contract Appeals (CBCA) with 

authority extending to most civilian 

agencies, including OPM. The CBCA 

has now replaced the ASBCA as the 

venue for claims brought under the Act 

for the Federal Employees Health 

Benefits (FEHB) Program. OPM is 

updating the FEHBAR to eliminate 

reference to the ASBCA to reflect this 

change in the law. 

Collection of Information Requirement 

This rulemaking makes a minor 

clarifying amendment to the Federal 

Employees Health Benefits Acquisition 

Regulations. The rule does not impose 

information collection and 

recordkeeping requirements that meet 

the definition of the Paperwork 

Reduction Act of 1995’s term 

‘‘collection of information,’’ which 

means obtaining, causing to be obtained, 

soliciting, or requiring the disclosure to 

third parties or the public, of facts or 

opinions by or for an agency, regardless 

of form or format, calling for either 

answers to identical questions posed to, 

or identical reporting or recordkeeping 

requirements imposed on ten or more 

persons, other than agencies, 

instrumentalities, or employees of the 

United States; or answers to questions 

posed to agencies, instrumentalities, or 

employees of the United States which 

are to be used for general statistical 

purposes. Consequently, it need not be 

reviewed by the Office of Management 

and Budget under the authority of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires agencies to analyze options for 

regulatory relief of small businesses. For 

purposes of the RFA, small entities 

include small businesses, nonprofit 

organizations, and government agencies 

with revenues of $11.5 million or less in 

any one year. This rulemaking affects 

FEHB Program carriers and their 

contractual arrangements that exceed 

the dollar threshold. Therefore, I certify 

that this regulation will not have a 

significant economic impact on a 

substantial number of small entities. 

Regulatory Impact Analysis 

We have examined the impact of this 

proposed rule as required by Executive 

Order 12866 (September 1993, 

Regulatory Planning and Review), the 

RFA (September 16, 1980, Pub. L. 96– 

354), section 1102(b) of the Social 

Security Act, the Unfunded Mandates 

Reform Act of 1995, (Pub. L. 104–4), and 

Executive Order 13132. Executive Order 

12866 (as amended by Executive Order 

13258, which merely assigns 

responsibility of duties) directs 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). A regulatory impact 

analysis (RIA) must be prepared for 

major rules with economically 

significant effects ($100 million or more 

in any one year). This rule is not 

considered a major rule, as defined in 

title 5, United States Code, section 

804(2), because we estimate it will affect 

only FEHB carriers. Any resulting 

economic impact would not be expected 

to exceed the dollar threshold. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

List of Subjects in 48 CFR Part 1633 

Government employees, Government 

procurement, Health insurance. 

Office of Personnel Management. 

Howard Weizmann, 

Deputy Director. 

■ Accordingly, under the authority of 5 

U.S.C. 8913; 40 U.S.C. 486(c); 48 CFR 

1.301 OPM is amending chapter 16 of 

title 48 of the Code of Federal 

Regulations by removing and reserving 

part 1633. 

PART 1633—[RESERVED] 

[FR Doc. E8–23224 Filed 10–7–08; 8:45 am] 

BILLING CODE 6325–39–P 

OFFICE OF PERSONNEL 

MANAGEMENT 

48 CFR Part 2133 

RIN 3206–AL46 

Federal Employees Group Life 

Insurance; Federal Acquisition 

Regulation: Board of Contract Appeals 

AGENCY: Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The Office of Personnel 

Management (OPM) is adopting as final, 

without change, the proposed rule 

published April 7, 2008 to remove the 

designation of the Armed Services 

Board of Contract Appeals (ASBCA) 

from the Federal Employees Group Life 

Insurance Federal Acquisition 

Regulation (LIFAR). 

DATES: Effective October 8, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

further information contact Marguerite 


dwashington3 on PRODPC61 with RULES
Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 58887 

Martel, Policy Analyst, at 202–606–1772 

or e-mail: marguerite.martel@opm.gov. 

SUPPLEMENTARY INFORMATION: OPM 

published a proposed rule to remove the 

designation of the ASBCA from the 

LIFAR on April 7, 2008, at 73 FR 18730. 

No comments were received. 

Accordingly, OPM is adopting the 

proposed rule without change. The rule 

implements the provisions of the 

National Defense Authorization Act of 

2006, which created the Civilian Board 

of Contract Appeals (CBCA) with 

authority extending to most civilian 

agencies, including OPM. The CBCA 

has now replaced the ASBCA as the 

venue for claims brought under the Act 

for the Federal Employees Group Life 

Insurance (FEGLI) Program. OPM is 

updating the LIFAR to eliminate 

reference to the ASBCA to reflect this 

change in the law. 

Collection of Information Requirement 

This rulemaking makes a minor 

clarifying amendment to the Federal 

Employees Group Life Insurance 

Acquisition Regulations. The rule does 

not impose information collection and 

recordkeeping requirements that meet 

the definition of the Paperwork 

Reduction Act of 1995’s term 

‘‘collection of information,’’ which 

means obtaining, causing to be obtained, 

soliciting, or requiring the disclosure to 

third parties or the public, of facts or 

opinions by or for an agency, regardless 

of form or format, calling for either 

answers to identical questions posed to, 

or identical reporting or recordkeeping 

requirements imposed on ten or more 

persons, other than agencies, 

instrumentalities, or employees of the 

United States; or answers to questions 

posed to agencies, instrumentalities, or 

employees of the United States which 

are to be used for general statistical 

purposes. Consequently, it need not be 

reviewed by the Office of Management 

and Budget under the authority of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

requires agencies to analyze options for 

regulatory relief of small businesses. For 

purposes of the RFA, small entities 

include small businesses, nonprofit 

organizations, and government agencies 

with revenues of $11.5 million or less in 

any one year. This rulemaking affects 

the FEGLI Program carrier and its 

contractual arrangements that exceed 

the dollar threshold. Therefore, I certify 

that this regulation will not have a 

significant economic impact on a 

substantial number of small entities. 

Regulatory Impact Analysis 

We have examined the impact of this 

proposed rule as required by Executive 

Order 12866 (September 1993, 

Regulatory Planning and Review), the 

RFA (September 16, 1980, Pub. L. 96– 

354), section 1102(b) of the Social 

Security Act, the Unfunded Mandates 

Reform Act of 1995, (Pub. L. 104–4), and 

Executive Order 13132. Executive Order 

12866 (as amended by Executive Order 

13258, which merely assigns 

responsibility of duties) directs 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). A regulatory impact 

analysis (RIA) must be prepared for 

major rules with economically 

significant effects ($100 million or more 

in any one year). This rule is not 

considered a major rule, as defined in 

title 5, United States Code, section 

804(2), because we estimate it will affect 

only the FEGLI carrier. Any resulting 

economic impact would not be expected 

to exceed the dollar threshold. 

Executive Order 12866, Regulatory 

Review 

This rule has been reviewed by the 

Office of Management and Budget in 

accordance with Executive Order 12866. 

List of Subjects in 48 CFR Part 2133 

Government employees, Government 

procurement, life insurance. 

Office of Personnel Management. 

Howard Weizmann, 

Deputy Director. 

■ Accordingly, under the authority of 5 

U.S.C. 8716; 40 U.S.C. 486(c); 48 CFR 

1.301. OPM is amending chapter 21 of 

title 48 of the Code of Federal 

Regulations by removing and reserving 

part 2133. 

PART 2133—[RESERVED] 

[FR Doc. E8–23223 Filed 10–7–08; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA 2008–0059] 

RIN 2127–AI94 

Federal Motor Vehicle Safety 

Standards; Designated Seating 

Positions and Seat Belt Assembly 

Anchorages 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation. 

ACTION: Final rule. 

SUMMARY: Today’s final rule amends the 

definition of the term, ‘‘designated 

seating position,’’ as used in the Federal 

motor vehicle safety standards 

(FMVSS), to indicate more clearly 

which areas within the interior of a 

vehicle meet that definition. Today’s 

final rule also establishes a calculation 

procedure for determining the number 

of designated seating positions at a seat 

location for trucks and multipurpose 

passenger vehicles with a gross vehicle 

weight rating less than 10,000 lbs, 

passenger cars, and buses. Further, this 

document eliminates the existing 

exclusion of auxiliary seats (i.e., 

temporary or folding jump seats) from 

the definition of ‘‘designated seating 

position.’’ Today’s final rule encourages 

manufacturers to use a variety of visual 

cues in the design of the vehicle interior 

to help improve occupant awareness as 

to which areas of a vehicle are not 

intended to be used as seating positions. 

This will help to ensure that occupants 

sit in locations where they are afforded 

the crash protection required by the 

FMVSSs. 

DATES: The effective date of this final 

rule is December 8, 2008. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register as of December 8, 2008. 

Petitions for reconsideration must be 

received not later than November 24, 

2008. 

ADDRESSES: Petitions must be submitted 

to: Administrator, National Highway 

Traffic Safety Administration, 1200 New 

Jersey Avenue, SE., Washington, DC 

20590. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, you may contact Chris 

Wiacek of the NHTSA Office of 

Crashworthiness Standards by 

telephone at (202) 366–4801, and by fax 

at (202) 493–2290. 


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