82182 Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Rules and Regulations 

(Authority: 38 U.S.C. 2306(e)) 

PART 39—AID FOR THE 

ESTABLISHMENT, EXPANSION, AND 

IMPROVEMENT, OR OPERATION AND 

MAINTENANCE, OF VETERANS 

CEMETERIES 

■ 3. The authority citation for part 39 

continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 2408, 2411, 

3765. 

■ 4. Amend § 39.50 as follows: 

■ a. Remove the text ‘‘preplaced liners 

or crypts,’’ from paragraph (b)(2); and 

■ b. Add paragraph (e). 

The addition reads as follows: 

§ 39.50 Amount of grant. 

* * * * * 

(e) VA will reimburse the cost of 

preplaced outer burial receptacles 

separately in accordance with § 38.629 

of this chapter. 

* * * * * 

■ 5. Amend § 39.122 by revising 

paragraph (a) to read as follows: 

§ 39.122 Inspections, audits, and reports. 

(a) A State or Tribal organization will 

allow VA inspectors and auditors to 

conduct inspections as necessary to 

ensure compliance with the provisions 

of this part and with provisions of 

§ 38.629 of this chapter regarding outer 

burial receptacles. The State or Tribal 

organization will provide to VA 

evidence that it has met its 

responsibilities under the Single Audit 

Act of 1984. 

* * * * * 

[FR Doc. 2024–23438 Filed 10–9–24; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 9 

[Docket ID FEMA–2023–0026] 

RIN 1660–AB12 

Updates to Floodplain Management 

and Protection of Wetlands 

Regulations To Implement the Federal 

Flood Risk Management Standard; 

Correction 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On July 11, 2024, the Federal 

Emergency Management Agency 

(FEMA) published a final rule 

implementing the Federal Flood Risk 

Management Standard (FFRMS), 

updating the agency’s 8-step decisionmaking process for floodplain reviews 

by changing how FEMA defines a 

floodplain with respect to certain 

actions and how FEMA uses natural 

systems, ecosystem processes, and 

nature-based approaches when 

developing alternatives to locating a 

proposed action in the floodplain. The 

rule contained two errors which this 

document corrects. 

DATES: This rule is effective October 10, 

2024 and is applicable beginning 

September 9, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Portia Ross, Policy and Integration 

Division Director, Office of 

Environmental Planning and Historic 

Preservation, Resilience, DHS/FEMA, 

400 C St. SW, Suite 313, Washington, 

DC 20472–3020. Phone: (202) 709–0677; 

Email: fema-regulations@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: On July 

11, 2024, at 89 FR 56929, FEMA 

published a final rule implementing the 

FFRMS. The rule contained two errors. 

The first error is typographical, 

capitalizing a word in a defined term in 

§ 9.4 which should be lowercased. The 

second error is a procedural error in the 

instruction and text for the amendment 

to § 9.9. Paragraph (d) was instructed to 

be fully revised, but the full paragraph 

was not presented in the amendatory 

text. This document corrects both errors. 

List of Subjects in 44 CFR Part 9 

Floodplains, Reporting and 

recordkeeping requirements. 

For the reasons discussed in the 

preamble, the Federal Emergency 

Management Agency (FEMA) is 

amending 44 CFR part 9 by making the 

following correcting amendments. 

PART 9—FLOODPLAIN MANAGEMENT 

AND PROTECTION OF WETLANDS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: 6 U.S.C. 101 et seq.; 42 U.S.C. 

4001 et seq.; 42 U.S.C. 4321 et seq.; E.O. 

11988 of May 24, 1977, 42 FR 26951, 3 CFR, 

1977 Comp., p. 117; E.O. 11990 of May 24, 

1977, 42 FR 26961, 3 CFR, 1977 Comp. p. 

121; E.O. 13690, 80 FR 6425; E.O. 14030, 86 

FR 27967. 

§ 9.4 [Corrected] 

■ 2. Correct § 9.4 in the definition of 

‘‘0.2 Percent annual chance floodplain’’ 

by removing ‘‘Percent’’ and adding 

‘‘percent’’ in its place. 

■ 3. Correct § 9.9 by removing 

paragraphs (1) and (2) following 

paragraph (c)(5) and adding paragraph 

(d) in their place. 

The addition reads as follows: 

§ 9.9 Analysis and reevaluation of 

practicable alternatives. 

* * * * * 

(d) Action following the analysis of 

practicable alternatives. (1) The Agency 

shall not locate the proposed action in 

the floodplain as established by § 9.7(c) 

or in a wetland if a practicable 

alternative exists outside the floodplain 

or wetland. 

(2) If no practicable alternative exists 

outside the floodplain or wetland, in 

order to carry out the action the 

floodplain or wetland must itself be a 

practicable location in light of the 

review required in this section. 

* * * * * 

Deanne Criswell, 

Administrator, Federal Emergency 

Management Agency. 

[FR Doc. 2024–23397 Filed 10–9–24; 8:45 am] 

BILLING CODE 9111–66–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 205, 212, 214, 215, and 

237 

[Docket DARS–2024–0001] 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: DoD is amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to make needed 

editorial changes. 

DATES: Effective October 10, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

telephone 703–717–8226. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS to make needed 

editorial changes to add pointers to new 

text in DFARS Procedures, Guidance, 

and Information and to remove and 

reserve a section containing a pointer to 

DFARS Procedures, Guidance, and 

Information, which is no longer needed. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 197 / Thursday, October 10, 2024 / Rules and Regulations 82183 

List of Subjects in 48 CFR Parts 205, 

212, 214, 215, and 237 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, the Defense Acquisition 

Regulations System amends 48 CFR 

parts 205, 212, 214, 215, and 237 as 

follows: 

■ 1. The authority citation for 48 CFR 

parts 205, 212, 214, 215, and 237 

continues to read as follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

■ 2. Add subpart 205.1 to read as 

follows: 

Subpart 205.1—Dissemination of 

Information 

Sec. 

205.102 Availability of solicitations. 

205.102–70 Availability of DoD 

solicitations. 

Subpart 205.1—Dissemination of 

Information 

205.102 Availability of solicitations. 

205.102–70 Availability of DoD 

solicitations. 

See PGI 205.102–70 for policy and 

procedures related to the Solicitation 

Module within the Procurement 

Integrated Enterprise Environment. 

PART 212— ACQUISITION OF 

COMMERCIAL PRODUCTS AND 

COMMERCIAL SERVICES 

■ 3. Amend section 212.203 by adding 

paragraph (6) to read as follows: 

212.203 Procedures for solicitation, 

evaluation, and award. 

* * * * * 

(6) See the procedures at PGI 

205.102–70 for use of the Solicitation 

Module within the Procurement 

Integrated Enterprise Environment. 

PART 214—SEALED BIDDING 

■ 4. Add section 214.203 to read as 

follows: 

214.203 Methods of soliciting bids. 

See the procedures at PGI 205.102–70 

for use of the Solicitation Module 

within the Procurement Integrated 

Enterprise Environment. 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 5. Add section 215.205 to read as 

follows: 

215.205 Issuing solicitations. 

See the procedures at PGI 205.102–70 

for use of the Solicitation Module 

within the Procurement Integrated 

Enterprise Environment. 

PART 237—SERVICE CONTRACTING 

237.102–77 [Removed and Reserved] 

■ 6. Remove and reserve section 

237.102–77. 

[FR Doc. 2024–23228 Filed 10–9–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 206, 212, 252, and 270 

[Docket DARS–2024–0017] 

RIN 0750–AM01 

Defense Federal Acquisition 

Regulation Supplement: Pilot Program 

To Incentivize Contracting With 

Employee-Owned Businesses (DFARS 

Case 2024–D004) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement sections of the 

National Defense Authorization Acts for 

Fiscal Year 2022 and Fiscal Year 2024 

that authorize DoD to establish a pilot 

program that allows for the 

noncompetitive award of certain followon contracts to certain employee-owned 

businesses. 

DATES: Effective November 25, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanette Snyder, telephone 703–508– 

7524. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 89 FR 46831 on May 

30, 2024, to implement section 874 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2022 (Pub. 

L. 117–81; 10 U.S.C. 3204 note) as 

amended by section 872 of the NDAA 

for FY 2024 (Pub. L. 118–31; 10 U.S.C. 

3204 note). Sections 874 and 872 

authorize DoD to establish a pilot 

program that allows for the 

noncompetitive award of certain followon contracts to employee-owned 

businesses that meet the definition of a 

qualified business. Five respondents 

submitted public comments in response 

to the proposed rule. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments is provided, as follows: 

A. Summary of Significant Changes 

From the Proposed Rule 

There are no significant changes from 

the proposed rule. 

B. Analysis of Public Comments 

1. Support for the Rule 

Comment: The respondents expressed 

support for the rule. 

Response: DoD acknowledges the 

respondents’ support for the rule. 

2. Clarifications 

Comment: One respondent 

recommended revising the proposed 

rule text at DFARS 270.X02 to clarify 

that a reference to Federal Acquisition 

Regulation (FAR) 6.302–5 is sufficient to 

justify a sole-source award under the 

pilot program. The respondent also 

recommended adding the following 

sentence to the text: ‘‘A justification that 

cites FAR 6.302–5, makes reference to 

48 CFR 206.302–5(b)(iii), and meets the 

requirements of subparts 207.X03 and 

207.X04 shall be considered complete 

and sufficient for an exception to full an 

open competition.’’ One respondent 

indicated that a justification and 

approval (J&A) that only references FAR 

6.302–5 is likely to be found insufficient 

by audit agencies. 

Response: The proposed rule text at 

DFARS 270.102(b) requires the 

contracting officer to justify the use of 

a sole-source contract in accordance 

with FAR 6.303 and 6.304 prior to 

conducting negotiations and to cite FAR 

6.302–5, Authorized or required by 

statute, as the exception to full and open 

competitive procedures. FAR 6.303 

specifies the requirements for and the 

content of a justification. The statute did 

not modify the requirements for or 

content of a justification; therefore, DoD 

cannot make the recommended change. 

However, the final rule text at DFARS 

270–X02(b) has been amended to 

remove duplicative text addressed at 

FAR 6.303–1(a). 


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