Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices 16755 

frontalis) and dwarf (Kogia simus) and 

pygmy (Kogia breviceps) sperm whales. 

Issuance of the annual LOA to Eglin 

AFB is based on findings made in the 

preamble to the final rule that the total 

takings by this project would result in 

no more than a negligible impact on the 

affected marine mammal stocks or 

habitats and would not have an 

unmitigable adverse impact on 

subsistence uses of marine mammals. 

NMFS also finds that the applicant will 

meet the requirements contained in the 

implementing regulations and LOA, 

including monitoring and reporting 

requirements. Without any mitigation 

measures, a small possibility exists for 

one bottlenose dolphin and one spotted 

dolphin to be exposed to blast levels 

from the PSW testing sufficient to cause 

mortality. Additionally, less than two 

cetaceans might be exposed to noise 

levels sufficient to induce Level A 

harassment (injury) annually, and as 

few as 31 or as many as 53 cetaceans 

(depending on the season and water 

depth) could potentially be exposed 

(annually) to noise levels sufficient to 

induce Level B harassment in the form 

of a temporary loss of hearing sensitivity 

(also referred to as a temporary 

threshold shift). 

While none of these impact estimates 

consider the proposed mitigation 

measures that will be employed by Eglin 

AFB to minimize potential impacts to 

protected species, NMFS has authorized 

Eglin AFB a total of one mortality, two 

takes by Level A harassment, and 53 

takes by Level B harassment (TTS) 

annually. However, the proposed 

mitigation measures described in the 

final rule (71 FR 67810, November 24, 

2006) and the LOA are anticipated to 

both reduce the number of marine 

mammal takes and lessen the severity of 

the effects of the takes. These measures 

include a conservative safety range for 

marine mammal exclusion; 

incorporation of aerial and shipboard 

survey monitoring efforts in the program 

both prior to and after detonation of 

explosives; and a prohibition on 

detonations whenever marine mammals 

are detected within the safety zone, may 

enter the safety zone at the time of 

detonation, or if weather and sea 

conditions preclude adequate aerial 

surveillance. This LOA may be renewed 

annually based on a review of the 

activity, completion of monitoring 

requirements, and receipt of reports 

required by the LOA. 

Summary of Request 

On March 4, 2010, NMFS received a 

request for an LOA renewal pursuant to 

the aforementioned regulations that 

would authorize, for a period not to 

exceed 1 year, take of marine mammals, 

by harassment, incidental to PSW 

testing and training in the GOM. 

Summary of Activity and Monitoring 

Conducted During 2009 and 2010 

No PSW tests were conducted during 

calendar year 2009 or between January 

and March of 2010. However, the PSW 

LOA was modified on April 16, 2009, to 

include Stand-Off Precision Guided 

Munition (SOPGM) testing. NMFS 

issued this modification because it was 

determined that the impacts of SOPGM 

testing would be significantly smaller 

than the impacts outlined in the PSW 

LOA. SOPGM testing utilized two out of 

the six live shots allowed for the Small 

Diameter Bomb (SDB) exercise under 

the PSW LOA. Three GriffinTM SOPGM 

system missiles with a net explosive 

weight of 7.5 pounds (TNT equivalent) 

were fired against two target boats in the 

GOM on April 29, 2009, and May 5, 

2009. No marine mammals were seen 

during the boat sweep or at release. No 

evidence of injury or death to marine 

mammals was noted after either 

mission. 

Authorization 

The U.S. Air Force complied with the 

requirements of the 2009 LOA, and 

NMFS has determined that there was no 

take of marine mammals by the U.S. Air 

Force in 2009. Accordingly, NMFS has 

issued a LOA to Eglin AFB authorizing 

the take of marine mammals, by 

harassment, incidental to PSW testing 

and training in the EGTTR in the GOM. 

Issuance of this LOA is based on 

findings described in the preamble to 

the final rule (71 FR 67810, November 

24, 2006) and supported by information 

contained in Eglin’s March 2010 request 

for a new LOA that the activities 

described under this LOA will not result 

in more than the incidental harassment 

of certain marine mammal species and 

will have a negligible impact on the 

affected species or stocks. The provision 

requiring that the activities not have an 

unmitigable adverse impact on the 

availability of the affected species or 

stock for subsistence uses does not 

apply for this action. 

Dated: March 29, 2010. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2010–7482 Filed 3–30–10; 4:15 pm] 

BILLING CODE 3510–22–S 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List Additions and 

Deletions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Additions to and Deletions from 

Procurement List. 

SUMMARY: This action adds to the 

Procurement List a product and services 

to be furnished by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities, and 

deletes from the Procurement List 

products previously furnished by such 

agencies. 

DATES: Effective Date: May 3, 2010. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, Jefferson Plaza 2, Suite 10800, 

1421 Jefferson Davis Highway, 

Arlington, Virginia 22202–3259. 

FOR FURTHER INFORMATION CONTACT: 

Barry S. Lineback, Telephone: (703) 

603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Additions 

On 1/15/2010 (75 FR 2510) and 2/5/ 

2010 (75 FR 5970–5971), the Committee 

for Purchase From People Who Are 

Blind or Severely Disabled published 

notices of proposed additions to the 

Procurement List. 

The Committee for Purchase From 

People Who Are Blind or Severely 

Disabled (Committee) operates pursuant 

to statutory and regulatory 

requirements. Committee decisions 

regarding which items are suitable for 

addition to the Procurement List are 

specifically guided by 41 CFR Chapter 

51. This regulation states that for a 

commodity or service to be suitable for 

addition to the Procurement List, each 

of the following criteria must be 

satisfied: Employment potential, 

nonprofit agency qualifications, 

capability, and level of impact on the 

current contractor for the commodity or 

service. In response to its Notice of 

Proposed Procurement List Addition, 

the Committee received comments from 

five parties relating to the fourth 

criterion, level of impact. 

Comments were received from the 

incumbent contractor for the facilities 

management requirement at Fort Lewis, 

WA. The firm stated that addition of 

this service to the Procurement List is 

inconsistent with the Javits-WagnerO’Day Act policy regarding contracts 

mstockstill on DSKH9S0YB1PROD with NOTICES

16756 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices 

currently held within the SBA 8(a) 

Program. The firm stated that placing 

this service on the Procurement List 

would result in ‘‘severe adverse impact’’ 

and is thus not suitable for addition. 

The incumbent contractor also asserted 

that such an action would seem to be 

contrary to the Regulatory Flexibility 

Act as it relates to ‘‘small entities.’’ 

The Committee has considered these 

comments. The Committee has 

documentation from the contracting 

activity showing that the Fort Lewis 

requirement awarded to the incumbent 

contractor was explicitly restricted to a 

one (1) year acquisition and was not 

permanently placed into the 8(a) 

Program. Under Committee procedures, 

this service is eligible for consideration 

to be added to the Procurement List. 

The financial information presented by 

the contractor and calculated according 

to Committee practice during its impact 

analysis did not indicate that it would 

result in ‘‘severe adverse impact’’ under 

Committee regulations at 41 CFR 51– 

2.4(a)(4). The contractor was notified of 

the preliminary determination that 

impact was not severe in April 2009. In 

light of this notification, coupled with 

the contracting activity’s 

communication that the requirement 

would be limited to one year, the 

incumbent contractor could not have 

had a reasonable expectation of further 

awards or contract option years. The 

Committee continues to find the 

proposed action to be consistent with 

the Regulatory Flexibility Act (RFA) 

because the particular service being 

considered for addition to the 

Procurement List will be provided by 

qualified nonprofit agencies (or ‘‘small 

entities’’ under the RFA) employing 

people who are blind or with other 

significant disabilities. 

Comments were also received from 

the South Carolina District Office of the 

Small Business Administration, the 

National Association of Small 

Disadvantaged Businesses, and two 

contractors who perform similar work at 

another Army installation. Their 

comments also raise the SBA 8(a) 

program issue and the negative impact 

of removing this project from the 8(a) 

Program. 

The Committee has considered these 

comments. Information provided by the 

contracting activity states that the 

ongoing requirement at Fort Lewis was 

not permanently placed under the SBA 

8(a) program and is eligible for 

consideration to be added to the 

Procurement List. The requirement for 

comparable services at McChord AFB is 

currently performed by a contractor that 

has graduated from the SBA 8(a) 

program. In accordance with Committee 

practice, the requirement is eligible for 

consideration to be added to the 

Procurement List at this juncture. The 

Committee’s action will not affect the 

McChord AFB contractor’s ability to 

continue to perform the services until 

expiration of its contract. 

When passing the Javits-WagnerO’Day Act, Congress understood the 

importance of using the federal 

procurement process as a means of 

providing employment opportunities for 

people who are blind or with other 

severe disabilities. The proposed 

addition of this project to the 

Procurement List will guarantee the 

creation of jobs for people with severe 

disabilities, a group whose 

unemployment rate has been estimated 

to be approaching 70%. Having 

reviewed all material information 

regarding the suitability of this project 

for the AbilityOne Program, the 

Committee has determined that the Joint 

Base Lewis-McChord facilities 

management service is suitable for 

addition to the Procurement List. 

After consideration of the material 

presented to it concerning capability of 

qualified nonprofit agencies to provide 

a product and services and impact of the 

additions on the current or most recent 

contractors, the Committee has 

determined that the product and 

services listed below are suitable for 

procurement by the Federal Government 

under 41 U.S.C. 46–48c and 41 CFR 51– 

2.4. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. The action will not result in any 

additional reporting, recordkeeping or 

other compliance requirements for small 

entities other than the small 

organizations that will furnish the 

product and services to the Government. 

2. The action will result in 

authorizing small entities to furnish the 

product and services to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with the product and 

services proposed for addition to the 

Procurement List. 

End of Certification 

Accordingly, the following product 

and services are added to the 

Procurement List: 

Product 

NSN: 2090–00–372–6064—Repair Kit, 

Standard. 

NPA: Mid-Valley Rehabilitation, Inc., 

McMinnville, OR. 

Contracting Activity: Defense Logistics 

Agency, Defense Supply Center 

Columbus, Columbus, OH. 

Coverage: C-List for the requirements for the 

Defense Supply Center Columbus, 

Columbus, OH. 

Services 

Service Type/Location: Base Supply Center, 

Defense Supply Center Columbus, 3990 

E. Broad Street, Columbus, OH. 

NPA: Associated Industries for the Blind, 

Milwaukee, WI. 

Contracting Activity: Defense Logistics 

Agency, Defense Supply Center 

Columbus, Columbus, OH. 

Service Type/Location: Facilities 

Management, First Sergeants Barracks, 

Joint Base Lewis-McChord, WA. 

NPA: Professional Contract Services, Inc., 

Austin, TX. 

Contracting Activity: Dept. of the Army, XR 

W6BA ACA, Mission and Installation 

Contracting Command, Ft. Lewis, WA. 

Deletions 

On 2/5/2010 (75 FR 5970–5971), the 

Committee for Purchase From People 

Who Are Blind or Severely Disabled 

published notice of proposed deletions 

from the Procurement List. 

After consideration of the relevant 

matter presented, the Committee has 

determined that the products listed 

below are no longer suitable for 

procurement by the Federal Government 

under 41 U.S.C. 46–48c and 41 CFR 51– 

2.4. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. The action will not result in 

additional reporting, recordkeeping or 

other compliance requirements for small 

entities. 

2. The action may result in 

authorizing small entities to furnish the 

products to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with the products deleted 

from the Procurement List. 

End of Certification 

Accordingly, the following products 

are deleted from the Procurement List: 

Products 

Inkjet Cartridge 

NSN: 7510–01–544–0833 

NSN: 7510–01–544–0819 

NSN: 7510–01–539–9836 

NSN: 7510–01–544–0836 

NSN: 7510–01–544–0830 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Notices 16757 

NSN: 7510–01–539–9837 

NSN: 7510–01–544–0832 

NSN: 7510–01–544–0820 

NSN: 7510–01–539–9842 

NSN: 7510–01–544–0835 

NSN: 7510–01–544–0826 

NSN: 7510–01–539–9838 

NSN: 7510–01–544–0837 

NSN: 7510–01–544–0825 

NSN: 7510–01–539–9834 

NSN: 7510–01–544–0823 

NSN: 7510–01–544–0831 

NSN: 7510–01–544–1733 

NSN: 7510–01–544–0829 

NSN: 7510–01–544–0839 

NSN: 7510–01–544–0838 

NSN: 7510–01–544–0827 

NPA: Alabama Industries for the Blind, 

Talladega, AL. 

Contracting Activity: GSA/FSS OFC SUP 

CTR—Paper Products, New York, NY 

NSN: 6230–01–513–3265—Flashlight, 

Aluminum, 2D, Blue 

NSN: 6230–01–513–3268—Flashlight, 

Aluminum, 2D, Red 

NSN: 6230–01–513–3279—Flashlight, 

Aluminum, 4D, Red 

NPA: Central Association for the Blind & 

Visually Impaired, Utica, NY. 

Contracting Activity: GSA/FSS OFC SUP 

CTR—Paper Products, New York, NY. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2010–7480 Filed 4–1–10; 8:45 am] 

BILLING CODE 6353–01–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Proposed Deletions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Proposed Deletions From the 

Procurement List. 

SUMMARY: The Committee is proposing 

to delete from the Procurement List 

services previously provided by 

nonprofit agencies employing persons 

who are blind or have other severe 

disabilities. 

Comments Must Be Received on or 

Before: 5/3/2010. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, Jefferson Plaza 2, Suite 10800, 

1421 Jefferson Davis Highway, 

Arlington, Virginia 22202–3259. 

FOR FURTHER INFORMATION OR TO SUBMIT

COMMENTS CONTACT: Barry S. Lineback, 

Telephone: (703) 603–7740, Fax: (703) 

603–0655, or e-mail 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: This 

notice is published pursuant to 41 

U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its 

purpose is to provide interested persons 

an opportunity to submit comments on 

the proposed actions. 

Deletions 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. If approved, the action will not 

result in additional reporting, 

recordkeeping or other compliance 

requirements for small entities. 

2. If approved, the action may result 

in authorizing small entities to provide 

the services to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with the services proposed 

for deletion from the Procurement List. 

End of Certification 

The following services are proposed 

for deletion from the Procurement List: 

Services 

Service Type/Location: Food Service 

Attendant, Whiting Field Naval Air 

Station, Milton, FL. 

NPA: UNKNOWN. 

Contracting Activity: DEPT OF THE NAVY, 

U S FLEET FORCES COMMAND, 

NORFOLK, VA. 

Service Type/Location: Document Image 

Conversion, U.S. Department of Housing 

& Urban Development, Richard B. 

Russell Federal Building, Atlanta, GA. 

NPA: Tommy Nobis Enterprises, Inc., 

Marietta, GA. 

Contracting Activity: DEPARTMENT OF 

HOUSING AND URBAN 

DEVELOPMENT, OFFICE OF 

PROCUREMENT & CONTRACTS, 

WASHINGTON, DC. 

Service Type/Location: Janitorial/Custodial, 

Federal Aviation Administration, ATC 

Standiford Field, Airway Facilities 

Sector Field Office, Louisville, KY. 

NPA: C.G.M. Services, Inc., Louisville, KY. 

Contracting Activity: DEPARTMENT OF 

TRANSPORTATION, SAINT 

LAWRENCE SEAWAY DEVELOPMENT 

CORP, MASSENA, NY. 

Service Type/Location: Grounds 

Maintenance, Lexington Blue Grass 

Army Depot: Blue Grass Activity, 

Richmond, KY, Lexington Activity, 

Avon, KY. 

NPA: UNKNOWN. 

Contracting Activity: DEPT OF THE ARMY, 

XR W40M NATL REGION CONTRACT 

OFC, WASHINGTON, DC. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2010–7481 Filed 4–1–10; 8:45 am] 

BILLING CODE 6353–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Federal Advisory Committee; Military 

Leadership Diversity Commission 

(MLDC) 

AGENCY: Office of the Under Secretary of 

Defense for Personnel and Readiness, 

DoD. 

ACTION: Meeting notice. 

SUMMARY: Under the provisions of the 

Federal Advisory Committee Act of 

1972 (5 U.S.C., Appendix, as amended), 

the Government in the Sunshine Act of 

1976 (5 U.S.C. 552b, as amended), and 

41 CFR 102–3.150, the Department of 

Defense announces that the Military 

Leadership Diversity Commission 

(MLDC) will meet April 21–23, 2010. 

Subject to the availability of space, the 

meeting is open to the public. 

DATES: The meeting will be held: 

April 21, 2010 from 8 a.m. to 1:15 

p.m. 

April 22, 2010 from 8 a.m. to 5:45 

p.m. 

April 23, 2010 from 8 a.m. to 5:15 

p.m. 

ADDRESSES: The meeting will be held at 

the Holiday Inn, Fishkill, 542 Route 9, 

Fishkill, NY 12524–2224. 

FOR FURTHER INFORMATION CONTACT: 

Master Chief Steven A. Hady, 

Designated Federal Officer, MLDC, at 

(703) 602–0838, 1851 South Bell Street, 

Suite 532, Arlington, VA. E-mail: 

steven.Hady@wso.whs.mil. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Meeting 

The purpose of the meeting is for the 

commissioners of the Military 

Leadership Diversity Commission to 

continue their efforts to address 

congressional concerns as outlined in 

the commission charter. 

Agenda 

April 21, 2010 

8 a.m.–1:15 p.m. 

DFO opens meeting. 

Commission Chairmen opening 

remarks. 

Dr. Rohini Anand and Mr. Michael 

Montelongo brief MLDC on 

diversity efforts at Sodexo. 

Dr. R. Roosevelt Thomas briefs the 

MLDC on effective diversity 

practices in the private sector. 

Dr. Edward Hubbard briefs the MLDC 

on diversity metrics. 

Mr. Luke Visconti briefs the MLDC on 

effective diversity practices in the 

private sector. 

Open discussion on implementation 

mstockstill on DSKH9S0YB1PROD with NOTICES