Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Notices 16479 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

Acquisition of Items for Which Federal 

Prison Industries Has a Significant 

Market Share 

AGENCY: Department of Defense (DoD). 

ACTION: Notice. 

SUMMARY: DoD is publishing the annual 

list of product categories for which the 

Federal Prison Industries’ share of the 

DoD Market is greater than five percent. 

DATES: Effective Date: April 5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Harris, telephone 703–614–1254. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 19, 2009, a final rule 

was published at 74 FR 59914 which 

amended the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) 208.6, to implement Section 

827 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year 2008, Public Law 110–181. Section 

827 changed DoD competition 

requirements for purchases from Federal 

Prison Industries, Inc. (FPI) by requiring 

DoD to publish an annual list of product 

categories for which FPI’s share of the 

DoD market was greater than five 

percent, based on the most recent fiscal 

year data available. Product categories 

on the current list, and the products 

within each identified product category, 

must be procured using competitive or 

fair opportunity procedures in 

accordance with Defense Federal 

Acquisition Regulation Supplement 

(DFARS) 208.602–70. 

This notification provides an updated 

list of FPI product categories exceeding 

five percent of the DoD market, based on 

Fiscal Year 2012 data obtained from the 

Federal Procurement Data System. An 

identical list is also found in the 

Director, Defense Procurement and 

Acquisition Policy (DPAP) 

memorandum dated March 7, 2013. 

(The DPAP memorandum with the 

current list of product categories for 

which FPI has a significant market share 

is posted at: http://www.acq.osd.mil/ 

dpap/policy/policyvault/USA007579- 

12-DPAP.pdf). 

Accordingly, the updated product 

categories to be competed effective 

April 5, 2013, are: 

• 5220 (Inspection Gages and 

Precision Layout Tools) 

• 5335 (Metal Screening) 

• 7210 (Household Furnishings) 

• 7230 Draperies, Awnings, and Shades 

• 8405 (Outerwear, Men’s) 

• 8415 (Clothing, Special Purpose) 

• 8465 (Individual Equipment) 

• 9905 (Signs, Advertising Displays and 

Identification Plates) 

The statute, as implemented also 

requires DoD to: 

(1) Include FPI in the solicitation 

process for items for which FPI’s share 

of the DoD market is greater than five 

percent; a timely offer from FPI must be 

considered; and award procedures must 

be followed in accordance with existing 

policy at Federal Acquisition Regulation 

(FAR) 8.602(a)(4)(ii) through (v). 

(2) Continue to be make acquisitions, 

in accordance with FAR Subpart 8.6., 

for items from product categories for 

which FPI does not have a significant 

market share. FAR 8.602 requires 

agencies to conduct market research and 

make a written comparability 

determination, at the discretion of the 

contracting officer. Competitive or fair 

opportunity procedures are appropriate 

if the FPI product is not comparable in 

terms of price, quality, or time of 

delivery. 

(3) Section 827 allows modification of 

the published list if DoD subsequently 

determines that new data requires 

adding or omitting a product category 

from the list. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2013–06091 Filed 3–14–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Revised Notice of Intent To Prepare a 

joint Environmental Impact Statement/ 

Environmental Impact Report for the 

Southport Sacramento River Early 

Implementation Project, West 

Sacramento, CA 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers; DoD. 

ACTION: Notice of Intent. 

SUMMARY: This notice is a revision of the 

Notice of Intent published August 26, 

2011 (76 FR 53423). Pursuant to the 

National Environmental Policy Act of 

1969, as amended, and the California 

Environmental Quality Act (CEQA), the 

U.S. Army Corps of Engineers (USACE) 

is preparing an Environmental Impact 

Statement/Environmental Impact Report 

(EIS/EIR) under Section 14 of the Rivers 

and Harbors Act of 1899 (as amended) 

(33 U.S.C. 408), and Section 404 of the 

Clean Water Act (33 U.S.C. 1344), for 

the proposed Southport Sacramento 

River Early Implementation Project 

(EIP), sponsored by the West 

Sacramento Area Flood Control Agency 

(WSAFCA). Figures of the project area 

can be viewed at http:// 

www.cityofwestsacramento.org/city/ 

flood. WSAFCA is planning the 

Southport Sacramento River EIP to 

implement flood-risk management 

measures along the Sacramento River 

South Levee in the City of West 

Sacramento, Yolo County, CA. Since 

publication of the 2011 Notice of Intent, 

WSAFCA has expanded the study area 

to include additional potential soil 

borrow sites. Material from these borrow 

sites may be used as part of project 

construction. The potential construction 

area extends along the right (west) bank 

of the Sacramento River south of the 

Barge Canal downstream approximately 

6 miles to the South Cross Levee, 

adjacent to the Southport community of 

West Sacramento. The potential soil 

borrow sites are located to the east and 

west of southern Jefferson Blvd.; 

adjacent to the construction area; 

immediately west of the Sacramento 

Deep Water Ship Channel; and south of 

the South Cross Levee. In order to 

implement the project, the sponsor must 

receive permission from USACE to alter 

the Federal project under Section 14 of 

the Rivers and Harbors Act of 1899 (as 

amended) (33 U.S.C. 408 or, Section 

408). USACE also has authority under 

Section 404 of the Clean Water Act (33 

U.S.C. 1344) over activities involving 

the discharge of dredged or fill material 

to waters of the United States, which are 

known to be in the project area. The 

project would bring the levee up to 

current Federal and state levee design 

standards, and provide some 

opportunities for ecosystem restoration 

and public recreation. USACE, acting as 

the federal lead agency under NEPA, 

and WSAFCA, acting as the state lead 

agency under the CEQA in coordination 

with the Central Valley Flood Protection 

Board, have determined that an EIS/EIR 

should be prepared to describe 

alternatives, potential environmental 

effects, and mitigation measures. 

DATES: Written comments regarding the 

scope of the environmental analysis 

should be received by April 8, 2013. 

ADDRESSES: Written comments 

concerning this study and requests to be 

included on the Southport Sacramento 

River Early Implementation Project 

mailing list should be submitted to Ms. 

Tanis Toland, U.S. Army Corps of 

Engineers, Sacramento District, Attn: 

Planning Division (CESPK–PD–R), 1325 

J Street, Sacramento, CA 95814. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tanis Toland via telephone at (916) 


srobinson on DSK4SPTVN1PROD with NOTICES
16480 Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Notices 

557–6717, email: 

Tanis.J.Toland@usace.army.mil or 

regular mail at (see ADDRESSES). 

SUPPLEMENTARY INFORMATION: 

1. Proposed Action. WSAFCA is 

proposing a project along the 

Sacramento River west levee under the 

California Department of Water 

Resources’ Early Implementation 

Program to expeditiously complete 

flood-risk reduction measures. Known 

as the Southport Sacramento River EIP, 

the project proposes implementation of 

flood-risk reduction measures along a 6- 

mile long reach between the Barge Canal 

downstream to the South Cross Levee. 

Improvements to the levee would 

address through-seepage, underseepage, and embankment instability 

(e.g., overly steepened slopes). As part 

of the project, an EIS/EIR is being 

prepared. USACE has authority under 

Section 14 of the Rivers and Harbors Act 

of 1899 (as amended) (33 U.S.C. 408), 

over alterations to federal flood control 

project levees and any such alterations 

as proposed by WSAFCA are subject to 

approval by USACE. USACE also has 

authority under Section 404 of the Clean 

Water Act (33 U.S.C. 1344) over 

activities involving the discharge of 

dredged or fill material to waters of the 

United States, which are known to be in 

the project area. Under Section 10 of the 

Rivers and Harbors Act, the District 

Engineer may permit activities which do 

not affect navigable waters. Due to these 

authorities, USACE is the lead agency 

for the EIS pursuant to NEPA. WSAFCA 

is the lead agency for the EIR according 

to CEQA as the public agency that has 

the principal responsibility for carrying 

out and approving the project. 

2. Alternatives. The EIS/EIR will 

consider several alternatives for 

reducing flood damage. Each alternative 

analyzed during the investigation will 

consist of a combination of several 

measures to reduce the risk of flooding. 

These measures include, but are not 

limited to, installing slurry cutoff walls, 

constructing seepage or stability berms, 

relief wells, rock slope protection, slope 

flattening, and potential new levee 

alignments (setback or adjacent levees). 

3. Scoping Process. 

a. Public scoping meetings were held 

on September 15, 2011, to present 

information to the public and receive 

comments from the public on the 

project. An additional public scoping 

meeting will be held to present an 

overview of changes to the scope of the 

EIS/EIR since publication of the 2011 

Notice of Intent, and to afford all 

interested parties with an opportunity to 

provide comments regarding the scope 

of analysis and potential alternatives. A 

public scoping meeting will be held on 

March 28, 2013, at 5:30 p.m. at the City 

of West Sacramento City Hall Galleria 

Room, 1110 W. Capitol Ave., West 

Sacramento, CA 95691. The 

presentation will begin at 6:00 p.m. 

Scoping comments previously 

submitted following publication of the 

original August 26, 2011, Notice of 

Intent are still valid and need not be 

resubmitted. 

b. Potentially significant issues to be 

analyzed in depth in the EIS/EIR 

include effects on hydraulics, wetlands 

and other waters of the U.S., vegetation 

and wildlife resources, special-status 

species, aesthetics, cultural resources, 

recreation, land use, fisheries, 

agricultural resources, water quality, air 

quality, transportation, and 

socioeconomics; and cumulative effects 

of related projects in the study area. 

c. USACE is consulting with the State 

Historic Preservation Officer to comply 

with the National Historic Preservation 

Act, and with the U.S. Fish and Wildlife 

Service and National Marine Fisheries 

Service to comply with the Endangered 

Species Act. USACE is also coordinating 

with the U.S. Fish and Wildlife Service 

to comply with the Fish and Wildlife 

Coordination Act. 

d. A 45-day public review period will 

be provided for all interested parties, 

individuals, and agencies to review and 

comment on the draft EIS/EIR. All 

interested parties are encouraged to 

respond to this notice and provide a 

current address if they wish to be 

notified of the draft EIS/EIR circulation. 

4. Availability. The draft EIS/EIR is 

currently scheduled to be available for 

public review and comment in Summer 

2013. 

Dated: March 7, 2013. 

William J. Leady, 

Colonel, U.S. Army, District Commander. 

[FR Doc. 2013–05928 Filed 3–14–13; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

List of Correspondence From July 1, 

2012, Through September 30, 2012 

AGENCY: Office of Special Education and 

Rehabilitative Services; Department of 

Education. 

ACTION: Notice. 

SUMMARY: The Secretary is publishing 

the following list of correspondence 

from the U.S. Department of Education 

(Department) to individuals during the 

previous quarter. The correspondence 

describes the Department’s 

interpretations of the Individuals with 

Disabilities Education Act (IDEA) or the 

regulations that implement the IDEA. 

This list and the letters or other 

documents described in this list, with 

personally identifiable information 

redacted, as appropriate, can be found 

at: http://www2.ed.gov/policy/speced/ 

guid/idea/index.html. 

FOR FURTHER INFORMATION CONTACT: Jill 

Harris or Mary Louise Dirrigl. 

Telephone: (202) 245–7372. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), you can call the 

Federal Relay Service (FRS), toll free, at 

1–800–877–8339. 

Individuals with disabilities can 

obtain a copy of this list and the letters 

or other documents described in this list 

in an accessible format (e.g., braille, 

large print, audiotape, or compact disc) 

by contacting Jill Harris or Mary Louise 

Dirrigl at (202) 245–7372. 

SUPPLEMENTARY INFORMATION: The 

following list identifies correspondence 

from the Department issued from July 1, 

2012, through September 30, 2012. 

Under section 607(f) of the IDEA, the 

Secretary is required to publish this list 

quarterly in the Federal Register. The 

list includes those letters that contain 

interpretations of the requirements of 

the IDEA and its implementing 

regulations, and it may also include 

letters and other documents that the 

Department believes will assist the 

public in understanding the 

requirements of the law. The list 

identifies the date and topic of each 

letter, and it provides summary 

information, as appropriate. To protect 

the privacy interests of the individual or 

individuals involved, personally 

identifiable information has been 

redacted, as appropriate. 

Part B—Assistance for Education of All 

Children With Disabilities 

Section 612—State Eligibility 

Topic Addressed: Children in Private 

Schools 

Æ Letter dated August 8, 2012, to 

Missoula County Public Schools 

Superintendent Alex P. Apostle, 

regarding how a local educational 

agency (LEA) can meet equitable 

services requirements for parentallyplaced private school children with 

disabilities if student enrollment 

changes during the school year. 

Section 613—Local Educational Agency 

Eligibility 

Topic Addressed: Maintenance of Effort 

Æ Letter dated August 20, 2012, to 

Beth Swedeen, Lynn Breedlove, and 

Maureen Ryan, co-chairs of the Survival 


srobinson on DSK4SPTVN1PROD with NOTICES