[Federal Register Volume 60, Number 180 (Monday, September 18, 1995)]
[Rules and Regulations]
[Pages 48028-48029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23036]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 1
RIN 2900-AH71
Board of Contract Appeals: Rules of the Board
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the rules of the VA Board of Contract
Appeals concerning optional small claims (expedited) and accelerated
procedures. The maximum jurisdictional amount of $10,000 is changed to
$50,000 for cases in which an appellant may elect to have an appeal
processed under the small claims (expedited) procedures. Also, the
maximum jurisdictional amount of $50,000 is changed to $100,000 for
cases in which an appellant may elect to have an appeal processed under
the accelerated procedures. These amendments merely reflect statutory
changes.
EFFECTIVE DATE: September 18, 1995.
FOR FURTHER INFORMATION CONTACT: Patricia J. Sheridan, Counsel to the
Chairman, VA Board of Contract Appeals, Department of Veterans Affairs,
810 Vermont Ave., NW. Washington, DC 20420, (202) 273-6743.
SUPPLEMENTARY INFORMATION: This document amends Rule 12 of the rules of
the VA Board of Contract Appeals (38 CFR 1.780 et seq.). Rule 12
includes a number of provisions relating to optional small claims
(expedited) and accelerated procedures.
Previously, Rule 12 at 38 CFR 1.783(l)(1)(i) included the following
provisions concerning optional small claims (expedited) procedures:
(i) In appeals where the amount in dispute is $10,000 or less,
the appellant may elect to have the appeal processed under a small
claims (expedited) procedure requiring decision of the appeal,
whenever possible, within 120 days after the Board receives written
notice of the appellant's election. The details of this procedure
appear in paragraph (1)(2) of this section (rule 12). An appellant
may elect the accelerated procedure set forth in paragraphs (1)(3)
of this section (Rule 12) in any appeal eligible for small claims
(expedited) procedure.
The $10,000 amount in this paragraph was mandated by statute.
However, The Federal Acquisition Streamlining Act of 1994 (FASA) (Pub.
L. 103-355) changed the $10,000 amount to $50,000. Accordingly, in 38
CFR 1.783(l)(1)(i) the $10,000 amount is changed to $50,000 to reflect
the statutory change.
Previously, Rule 12 at 38 CFR 1.783(l)(1)(ii) included the
following provisions concerning accelerated procedures:
(ii) In appeals where the amount in dispute is $50,000 or less,
the appellant may elect to have the appeal processed under an
accelerated procedure requiring decision of the appeal, whenever
possible, within 180 days after the Board receives written notice of
the appellant's election. The details of this procedure appear in
paragraph (1)(3) of this section (Rule 12).
The $50,000 amount in this paragraph also was mandated by statute.
However, the FASA also changed the $50,000 amount to $100,000.
Accordingly, in 38 CFR 1.783(l)(1)(ii) the $50,000 amount is changed to
$100,000 to reflect the statutory change.
This final rule reflects statutory changes and, therefore, is not
subject to the provisions of 5 U.S.C. 552 or 553, including the notice
and comment provisions.
The Secretary hereby certifies that this final rule will not have a
significant economic impact on a substantial number of small entities
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This rule merely reflects statutory amendments. Therefore, this
final rule is exempt from the initial and final regulatory flexibility
analyses requirements of Secs. 603 and 604.
[[Page 48029]]
List of Subjects in 38 CFR Part 1
Administrative practice and procedure, Archives and records,
Cemeteries, Claims, Courts, Flags, Freedom of information, Government
contracts, Government employees, Government property, Infants and
children, Inventions and patents, Investigations, Parking, Penalties,
Postal service, Privacy, Reporting and recordkeeping requirements,
Seals and insignia, Security measures, Wages.
Approved: September 7, 1995.
Jesse Brown,
Secretary of Veterans Affairs.
For the reasons set out in the preamble, 38 CFR part 1 is amended
as set forth below:
PART 1--GENERAL PROVISIONS
1. The authority citation for part 1 continues to read as follows:
Authority: Sections 1.955 to 1.970 issued under 38 U.S.C.
3720(a)(4) and 5302; 5 U.S.C. 5584.
Sec. 1.783 [Amended]
2. In Sec. 1.783, paragraph (l)(1)(i) is amended by removing
``$10,000'' and adding in lieu thereof ``$50,000''; and paragraph
(l)(1)(ii) is amended by removing ``$50,000'' and adding in lieu
thereof ``$100,000''.
[FR Doc. 95-23036 Filed 9-15-95; 8:45 am]
BILLING CODE 8320-01-P
