Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 77487 

1 41 U.S.C. Chapter 85, Committee For Purchase 

From People Who Are Blind or Severely Disabled. 

(‘‘Response’’) must be submitted by 

August 26, 2024, and any Rebuttal to a 

Response (‘‘Rebuttal’’) must be 

submitted by August 30, 2024, in 

accordance with sections 6 and 7 of 

CITA’s Procedures. No interested entity 

submitted a Response to the Request 

advising CITA of its objection to the 

Request with an offer to supply the 

subject product in accordance with 

CITA’s Procedures. 

In accordance with section 

203(o)(4)(C) of the CAFTA–DR 

Implementation Act, and section 8(c)(2) 

of CITA’s Procedures, as no interested 

entity submitted a Response objecting to 

the Request and providing an offer to 

supply the subject product in 

accordance with CITA’s Procedures, 

CITA has determined to add the 

specified fabric to the list in Annex 3.25 

of the CAFTA–DR. 

The subject product has been added 

to the list in Annex 3.25 of the CAFTA– 

DR Agreement in unrestricted 

quantities. A revised list has been 

posted on the dedicated website for 

CAFTA–DR Commercial Availability 

proceedings, at https://otexaprod.trade.

gov/otexacapublicsite/shortsupply/ 

cafta. 

Specifications: Certain Two-Way 

Stretch Woven Polyester, Rayon, 

Spandex Fabric 

HTS: 5515.11.00. 

Fiber Content: 50 to 77 percent 

polyester; 18 to 47 percent rayon; 3 to 

8 percent spandex (for fabrics 

comprising single yarns in the warp, the 

polyester content may be higher). 

Staple Length (where applicable): 4.44 

to 6.99 centimeters (1.75 to 2.75 inches). 

Note: The staple length designation 1.75′′— 

2.75′′ inches describes a range of long staple 

fiber in its raw griege condition before 

spinning, weaving, dyeing and finishing of 

the fabric. It is intended as a specification to 

be followed by the mill in sourcing long 

staple fiber used to produce the yarn and 

fabric. Spinning, weaving, dyeing and 

finishing alter the characteristic of the staple 

fiber as it appears in the finished fabric. This 

specification therefore includes staple 

appearing in the finished fabric as shorter 

than 1.75′′ inches provided that the shorter 

appearance occurs solely as the result of such 

processes. 

Yarn (Three Configurations) 

#1: Warp and filling: plied polyester/ 

rayon staple of various yarn sizes, 

combined with spandex filament of 

various deniers. 

#2: Warp and filling 34/1 (English 20/ 

1) or finer polyester/rayon staple, 

combined with spandex filament of 

various deniers. 

#3: Warp: 34/1 (English 20/1) or finer 

polyester/rayon staple, or plied 

polyester/rayon staple of various yarn 

sizes, combined with spandex filament 

of various deniers; 

Filling: singles or plied polyester 

filament of various yarn sizes, combined 

with spandex filament of various 

deniers. 

Note: The designation ‘‘34/1 (English 20/1) 

or finer’’ describes a range of yarn 

specifications for yarn it its greige condition 

before dyeing and finishing of the yarn (if 

applicable) and before weaving, dyeing and 

finishing of the fabric. It is intended as a 

specification to be followed by the mill in 

sourcing yarn used to produce the fabric. 

Dyeing, finishing and weaving can alter the 

characteristic of the yarn as it appears in the 

finished fabric. This specification therefore 

includes yarns appearing in the finished 

fabric as coarser than 34/1 (English 20/1) 

provided that the coarser appearance occurs 

solely as the result of such processes. 

Thread Count: 23 to 51 warp ends by 

16 to 39 filling picks per centimeter (60 

to 130 warp ends by 40 to 100 filling 

picks per inch). 

Weave Type: Various (including plain 

and twill). 

Weight: 

Fabrics comprising single yarns in the 

warp—200 to 290 grams per square 

meter (5.9 to 8.6 ounces per square 

yard). 

Fabrics comprising plied yarns in the 

warp—200 to 310 grams per square 

meter (5.9 to 9.1 ounces per square 

yard). 

Width: 121 to 165 centimeters 

(English 48 to 65 inches). 

Finish: Dyed and of yarns of different 

colors. 

Megan Crowe, 

Acting Chairman, Committee for the 

Implementation of Textile Agreements. 

[FR Doc. 2024–21679 Filed 9–20–24; 8:45 am] 

BILLING CODE 3510–DR–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Request for Information on Direct and 

Indirect Labor 

AGENCY: Committee for Purchase from 

People Who Are Blind or Severely 

Disabled. 

ACTION: Request for information. 

SUMMARY: The Committee for Purchase 

From People Who Are Blind or Severely 

Disabled (operating as the U.S. 

AbilityOne Commission (Commission)) 

is seeking information on proposed 

definitions of direct labor and categories 

of indirect labor; and ideas about 

categorizing employment tasks as direct 

labor or indirect labor on Federal 

contracts for the purposes of compliance 

with the Javits-Wagner-O’Day (JWOD) 

Act (41 U.S.C. Chapter 85). The 

information provided in response to this 

request for information (RFI) will inform 

the Commission as it seeks to modernize 

the AbilityOne Program. 

DATES: Comments must be received by 

October 22, 2024. 

ADDRESSES: Electronic Submission of 

Comments. Please submit any 

comments electronically through 

https://www.regulations.gov and follow 

the instructions for submitting 

comments. To locate the RFI, search for 

Docket No. CPPBSD–2024–0010. 

Accessible Format: Individuals with 

disabilities can obtain this document, as 

well as the comments or other 

documents in the public rulemaking 

record for this RFI, in an alternative 

accessible format by contacting the 

individual listed in the FOR FURTHER

INFORMATION section of this document. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. You may also access 

Commission documents published in 

the Federal Register by using the article 

search feature at: 

www.federalregister.gov. 

FOR FURTHER INFORMATION CONTACT: 

Cassandra Assefa, Regulatory and Policy 

Attorney, Office of General Counsel, 

Committee for Purchase From People 

Who Are Blind or Severely Disabled, 

355 E Street SW, Suite 325, Washington, 

DC 20024; telephone: (202) 430–9886; 

email: cassefa@abilityone.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In 1938, the legislation that became 

the JWOD Act was signed to create jobs 

for blind individuals. In 1971, the Act 

was amended to expand the JWOD 

Program’s scope to include employing 

individuals with severe disabilities.1 In 

2006, the JWOD Program was renamed 

the AbilityOne Program by the 

Committee for Purchase From People 

Who Are Blind or Severely Disabled. In 

2011, the Committee began operating as 

the U.S. AbilityOne Commission. 

The JWOD Act continues to serve as 

an employment catalyst by making it 

mandatory for Federal agencies to 

procure certain products and services 

from NPAs employing individuals who 

are blind or have significant disabilities. 

The Commission votes to place on a 


khammond on DSKJM1Z7X2PROD with NOTICES
77488 Federal Register / Vol. 89, No. 184 / Monday, September 23, 2024 / Notices 

2Federal Acquisition Regulation 8.7, Acquisition 

From Nonprofit Agencies Employing People Who 

Are Blind or Severely Disabled. 

3 41 U.S.C. 8501(6)(C) and (7)(C). 

4U.S. AbilityOne Commission Policy 51.404, 

Direct Labor Hour Ratio Requirements, effective 

October 1, 2024. 

Procurement List suitable products and 

services that government agencies must 

then procure from a qualified nonprofit 

agency (NPA). Federal agencies do not 

have to follow the normal government 

competitive procedures when acquiring 

Procurement List items from an 

authorized NPA, making it more 

efficient for both the Federal agencies 

and the qualified NPA.2

For an NPA to be eligible to provide 

goods or services on the Procurement 

List, it must be authorized by the 

Commission as qualified to serve as an 

authorized source in the program. 

II. The Direct Labor Hour Ratio 

Mandate 

To serve as an authorized source, an 

NPA must, at a minimum, satisfy the 

statutory conditions described at 42 

U.S.C. 8501, paragraphs 6 and 7. Of 

note, part (C) of both paragraphs require 

that 75 percent of the direct labor hours 

required to produce or provide products 

or services must be performed by 

individuals who are blind or 

significantly disabled. 

In calculating the 75 percent direct 

labor hour ratio, an NPA is required to 

count not only the DLH performed in 

support of Procurement List items, but 

pursuant to the statute, all direct labor 

performed by every individual 

employed by the NPA.3 The statute 

defined direct labor as all work required 

to prepare, process, and pack a product, 

or work that directly relates to the 

performance of the service. The statute 

specifically excludes supervision, 

administration, inspection, or shipping 

as direct labor. 

This means that when calculating the 

75 percent direct labor hour ratio, an 

NPA excludes ‘‘indirect labor’’ hours— 

i.e., ‘‘Work that supports the 

manufacturing process or delivery of 

services but does not directly produce 

or add value to the products or services 

sold to a customer. This includes 

supervision, administration, inspection, 

and shipping.’’ 4 Historically, these 

exclusions were perceived as helpful 

because they reduce the number of 

hours an NPA must count toward the 

75% direct labor hour ratio. However, 

when an employee who is blind or has 

a significant disability moves from a 

direct labor hour position to an indirect 

labor hour position, the NPA cannot 

count that employee’s indirect labor 

hours toward the 75 percent direct labor 

hour ratio—a situation that potentially 

creates a disincentive for the NPA to 

promote that employee to a supervisory 

or administrative position. 

The Commission believes that many 

‘‘indirect labor’’ task or positions could 

serve as an opportunity to promote 

employee career advancement. 

However, there is little incentive for an 

NPA to create a framework that actively 

encourages direct labor hour employees 

to move to indirect labor hour positions 

if doing so compromises the NPA’s 

ability to remain in the Program by 

impeding its ability to meet the 

Program’s direct labor hour ratio 

requirement. 

III. Request for Information 

As noted above, section 8501, 

paragraphs 6 and 7 of the JWOD Act list 

the qualifications for an NPA to serve as 

an authorized source for a product or 

service on the Procurement List. The 

Commission’s interpretation of the 

statutory language is promulgated in the 

Code of Federal Regulations (CFR) at 

Title 41, Chapter 51. More specifically, 

the CFR adopts the JWOD Act’s 75 

percent direct labor hour ratio 

requirement and adds a list of 

additional qualifications under Part 51– 

4. In the CFR at Part 51–1.3, the 

Commission does not elaborate on the 

statutory direct labor hour ratio 

requirement or the definition of direct 

labor. 

Commission policies are generally 

derived from Commission regulations 

grounded in statute. As such, the 

authority to deviate from the 75 percent 

direct labor hour ratio requirement, or to 

redefine what counts as direct labor, is 

expressly limited by statute. 

Notwithstanding these limitations, the 

Commission is exploring ways to 

leverage its regulatory and subregulatory authority to encourage 

employment opportunities that promote 

career mobility without conflicting with 

the JWOD Act. This RFI is designed to 

collect information for that purpose, 

through the questions below. 

IV. Questions 

(1) How could direct labor be defined 

to expand the types of tasks or positions 

that can be counted as direct labor 

without conflicting with the definition 

in the JWOD Act? The purpose of this 

change would include increasing the 

number of direct labor hours that an 

NPA could count toward meeting the 

direct labor hour ratio requirement. 

(2) In what ways could indirect labor 

categories (e.g., supervision, 

administration, inspection, or shipping) 

be defined to maximize employee career 

development without adversely 

impacting the ratio requirement, and 

without a statutory change? 

(3) What types of jobs or tasks 

traditionally categorized as ‘‘indirect 

labor’’ in accordance with the JWOD Act 

fall outside of ‘‘supervision, 

administration, inspection, or 

shipping’’? 

(4) With respect to meeting the direct 

labor hour ratio requirement, describe 

any challenges or successes associated 

with facilitating or supporting 

AbilityOne employees’ mobility into 

jobs outside the Program; particularly, 

whether such mobility causes 

challenges with ratio compliance, and if 

applicable, the steps taken to mitigate 

such challenges. 

Michael R. Jurkowski, 

Director, Business Operations. 

[FR Doc. 2024–21709 Filed 9–20–24; 8:45 am] 

BILLING CODE 6353–01–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

Sunshine Act Meeting 

TIME AND DATE: Wednesday, September 

25, 2024—10 a.m. 

PLACE: Meeting will be held remotely 

and in person at 4330 East West 

Highway, Bethesda, Maryland, Room 

420. 

STATUS: Commission Meeting—Closed 

to the Public. 

MATTERS TO BE CONSIDERED: 

Meeting Matter: Briefing Matter. 

CONTACT PERSON FOR MORE INFORMATION: 

Alberta E. Mills, Office of the Secretary, 

U.S. Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814, 301–504–7479 

(Office) or 240–863–8938 (Cell). 

Dated: September 18, 2024. 

Alberta Mills, 

Commission Secretary. 

[FR Doc. 2024–21741 Filed 9–19–24; 11:15 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[Transmittal No. 23–28] 

Arms Sales Notification 

AGENCY: Defense Security Cooperation 

Agency, Department of Defense (DoD). 

ACTION: Arms sales notice. 

SUMMARY: The DoD is publishing the 

unclassified text of an arms sales 

notification. 


khammond on DSKJM1Z7X2PROD with NOTICES