Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Notices 63607 

(vi) Sales Commission, Fee, etc., Paid, 

Offered, or Agreed to be Paid: None 

(vii) Sensitivity of Technology 

Contained in the Defense Article or 

Defense Services Proposed to be Sold: 

See Attached Annex 

(viii) Date Report Delivered to 

Congress: 10 Oct 14 

* as defined in Section 47(6) of the 

Arms Export Control Act. 

Policy Justification 

Australia—Close-In Weapon System 

Block 1B Baseline 2 Upgrade 

The Government of Australia has 

requested a possible sale of up to 3 

Close-In Weapon System (CIWS) Block 

1B Baseline 1 to Baseline 2 upgrade kits: 

the overhaul and upgrade of up to 9 

CIWS Block 1A mounts to Block 1B 

Baseline 2 systems; 11 Remote Control 

Stations; 11 Local Control Stations, 

spare and repair parts; support 

equipment; test equipment; personnel 

training and training equipment; 

publications and technical 

documentation; U.S. Government and 

contractor logistics and technical 

support services; and other related 

elements of logistics and program 

support. The estimated cost is $76 

million. 

This proposed sale will contribute to 

the foreign policy and national security 

of the United States by helping to 

improve the security of a major ally 

which has been, and continues to be a 

staunch coalition partner and important 

force for political stability throughout 

the world. 

The proposed sale will improve 

Australia’s maritime defense capability 

to contribute to national defense and 

future coalition operations. Australia 

will use the enhanced capability as a 

deterrent to regional threats and to 

strengthen its shipboard defense. 

Australia will have no difficulty 

absorbing this new upgrade into its 

armed forces. 

The proposed sale of this equipment 

and support will not alter the basic 

military balance in the region. 

The principal contractor will be 

Raytheon Missile Systems Company in 

Tucson, Arizona. There are no known 

offset agreements proposed in 

connection with this potential sale. 

Implementation of this proposed sale 

will not require the assignment of any 

additional U.S. Government or 

contractor representatives to Australia. 

There will be no adverse impact on 

U.S. defense readiness as a result of this 

proposed sale. 

Transmittal No. 14–50 

Notice of Proposed Issuance of Letter of 

Offer Pursuant to Section 36(b)(1) of the 

Arms Export Control Act 

Annex 

Item No. vii 

(vii) Sensitivity of Technology: 

1. The CIWS Block 1B Baseline 2 

upgrade represents an increase in threat 

acquisition and firepower accuracy over 

the Block 1B Baseline 1 and CIWS Block 

1A configurations. The Baseline 2 

variant includes a radar improvement 

upgrade and an electro-optical sensor to 

improve weapon system performance 

against low-observable; sea-skimming 

threats, and provides improved 

capability to concentrate hard-kill 

ordnance in a tighter pattern on the 

threat. The CIWS mount and spare 

hardware are Unclassified. The radar 

improvement/upgrade is the most 

sensitive portion of the Baseline 2 

configuration. The hardware, software, 

and the majority of the technical 

documentation are Unclassified. 

2. The CIWS Block 1B Baseline 2 

upgrade will result in the transfer of 

highly accurate close-in engagement 

technology and ship self-defense 

capability. The equipment, hardware, 

and the majority of documentation are 

Unclassified. The embedded software 

and operational performance are 

classified Confidential. The seeker/

electro-optical control section and the 

target detector are Unclassified, but 

contain sensitive state-of-the-art 

technology. Twelve sets of Technical 

Manuals used to support the operation 

and provisioning of organizational-level 

maintenance are Confidential. The 

technical and operational data 

identified above is classified to protect 

vulnerabilities, design and performance 

parameters, and similar critical 

information. 

3. If a technologically advanced 

adversary were to obtain knowledge of 

the specific hardware and software 

elements, the information could be used 

to develop countermeasures that might 

reduce weapon system effectiveness or 

be used in the development of a system 

with similar advanced capabilities. 

4. A determination has been made 

that the recipient country can provide 

the same degree of protection for the 

sensitive technology being released as 

the U.S. Government. This sale is 

necessary in furtherance of the U.S. 

foreign policy and national security 

objectives outlined in the Policy 

Justification. 

5. All defense articles and services 

listed in this transmittal have been 

authorized for release and export to the 

Government of Australia. 

[FR Doc. 2014–25311 Filed 10–23–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Termination of Defense Legal Policy 

Board 

AGENCY: DoD. 

ACTION: Termination of Federal 

Advisory Committee. 

SUMMARY: The Department of Defense is 

publishing this notice to announce that 

it is terminating the Defense Legal 

Policy Board, effective September 30, 

2014. 

FOR FURTHER INFORMATION CONTACT: Jim 

Freeman, Advisory Committee 

Management Officer for the Department 

of Defense, 703–692–5952. 

SUPPLEMENTARY INFORMATION: This 

committee is being terminated under the 

provisions of the Federal Advisory 

Committee Act of 1972 (5 U.S.C. 

Appendix), 41 CFR 102–3.55, and the 

Government in the Sunshine Act of 

1976 (5 U.S.C. 552b), effective 

September 30, 2014. 

Dated: October 21, 2014. 

Aaron Siegel, 

Alternate OSD Federal Register, Liaison 

Officer, Department of Defense. 

[FR Doc. 2014–25315 Filed 10–23–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

[Docket Number DARS 2014–0053] 

Information Collection Requirement; 

Defense Federal Acquisition 

Regulation Supplement; Special 

Contracting Methods 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Notice and request for 

comments regarding a proposed 

extension of an approved information 

collection requirement. 

SUMMARY: In compliance with Section 

3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), DoD announces the 

proposed extension of a public 

information collection requirement and 

seeks public comment on the provisions 

thereof. DoD invites comments on: (a) 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
63608 Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Notices 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of DoD, 

including whether the information will 

have practical utility; (b) the accuracy of 

the estimate of the burden of the 

proposed information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

The Office of Management and Budget 

(OMB) has approved this information 

collection under Control Number 0704– 

0214 for use through January 31, 2015. 

DoD is proposing that OMB extend its 

approval for use for three additional 

years. 

DATES: DoD will consider all comments 

received by December 23, 2014. 

ADDRESSES: You may submit comments, 

identified by OMB Control Number 

0704–0214, using any of the following 

methods: 

Æ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ Email: osd.dfars@mail.mil. Include 

OMB Control Number 0704–0214 in the 

subject line of the message. 

Æ Fax: (571) 372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Janetta 

Brewer, OUSD(AT&L) DPAP/DARS, Rm. 

3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http://

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Janetta Brewer, at (571) 372–6104. 

SUPPLEMENTARY INFORMATION: 

Title, Associated Form, and OMB 

Number: Defense Federal Acquisition 

Regulation Supplement (DFARS) 

Subpart 217, Special Contracting 

Methods; and related provisions and 

clauses at DFARS 252.217–7012, 

Liability and Insurance; DFARS 

252.217–7026, Identification of Sources 

of Supply; and 252.217–7028, Over and 

Above Work; OMB Control Number 

0704–0214. 

Needs and Uses: DFARS Part 217 

prescribes policies and procedures for 

acquiring supplies and services by 

special contracting methods. 

Contracting officers use the required 

information as follows: 

The clause at DFARS 252.217–7012 is 

used in master agreements for repair 

and alteration of vessels. Contracting 

officers use the information required by 

paragraph (d) of the clause to determine 

that the contractor is adequately 

insured. This requirement supports 

prudent business practice, because it 

limits the Government’s liability as a 

related party to the work the contractor 

performs. Contracting officers use the 

information required by paragraphs (f) 

and (g) of the clause to keep informed 

of lost or damaged property for which 

the Government is liable, and to 

determine the appropriate course of 

action for replacement or repair of the 

property. 

Contracting officers use the 

information required by the provision at 

DFARS 252.217–7026 to identify the 

apparently successful offeror’s sources 

of supply so that competition can be 

enhanced in future acquisitions. This 

collection complies with 10 U.S.C. 

2384, Supplies: Identification of 

Suppliers and Sources, which requires 

the contractor to identify the actual 

manufacturer or all sources of supply 

for supplies furnished under contract to 

DoD. 

Contracting officers use the 

information required by the clause at 

252.217–7028 to determine the extent of 

‘‘over and above’’ work before the work 

commences. This requirement allows 

the Government to review the need for 

pending work before the contractor 

begins performance. 

Contracting officers use the 

information required by DFARS 

217.7004(a) where offerors shall state 

prices for the new items being acquired 

both with and without any exchange 

(trade-in allowance). 

Contracting officers use the 

information from 217.7404–3(b), to 

evaluate a contractor’s ‘‘qualifying 

proposal’’ in accordance with the 

definitization schedule. This subpart 

allows the contracting officer to require 

receipt of a qualifying proposal 

containing sufficient information for the 

DoD to do complete a meaningful 

analyses and audit of the information in 

the proposal, and any other information 

that the contracting officer has 

determined DoD needs to review in 

connection with the contract. 

Contracting officers use the 

information from 217.7505(d), where 

the offeror supply’s with its proposal, 

price and quantity data on any 

Government orders for the 

replenishment part issued within the 

most recent 12 months. 

Affected Public: Businesses and other 

for-profit entities. 

Number of Respondents: 5,688. 

Responses per Respondent: 

Approximately 18. 

Annual Responses: 102,139. 

Average Burden per Response: 

Approximately 8.7 hours. 

Annual Response Burden Hours: 

886,703. 

Reporting Frequency: On occasion. 

Summary of Information Collection 

Each provision or clause requires the 

offeror or contractor to submit certain 

information: 

Paragraph (d)(3) of the clause at 

DFARS 252.217–7012 requires the 

contractor to show evidence of 

insurance under a master agreement for 

vessel repair and alteration. 

Paragraphs (f) and (g) of the clause at 

DFARS 252.217–7012 require the 

contractor to notify the contracting 

officer of any property loss or damage 

for which the Government is liable, and 

to submit to the contracting officer a 

request for reimbursement of the cost of 

replacement or repair with supporting 

documentation. 

The provision at 252.217–7026 

requires the apparently successful 

offeror to identify its sources of supply. 

Paragraphs (c) and (e) of the clause at 

DFARS 252.217–7028 require the 

contractor to submit to the contracting 

officer a work request and a proposal for 

‘‘over and above’’ work. 

Paragraph (a) of DFARS 217.7004 

requires that solicitations which 

contemplate exchange (trade-in) of 

personal property and application of the 

exchange allowance to the acquisition of 

similar property (see 40 U.S.C. 481), 

shall include a request for offerors to 

state prices for the new items being 

acquired both with and without any 

exchange (trade-in allowance). 

Paragraph (b) of 217.7404–3, 

Undefinitized Contract Actions, requires 

the contractor to submit a ‘‘qualifying 

proposal’’ in accordance with the 

definitization schedule. A qualifying 

proposal is defined in 217.7401(c) as a 

proposal containing sufficient 

information for the DoD to do complete 

and meaningful analyses and audits of 

the information in the proposal, and any 

other information that the contracting 

officer has determined DoD needs to 

review in connection with the contract. 

Paragraph (d) of 217.7505, 

Acquisition of Replenishment Parts 

permits contracting officers to include 

in sole-source solicitations that include 

acquisition of replenishment parts, a 

provision requiring that the offeror 

supply with its proposal, price and 

quantity data on any Government orders 

for the replenishment part issued within 

the most recent 12 months (see 10 

U.S.C. 2452 note, Spare Parts and 


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Federal Register / Vol. 79, No. 206 / Friday, October 24, 2014 / Notices 63609 

Replacement Equipment, Publication of 

Regulations). 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

[FR Doc. 2014–25308 Filed 10–23–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

Notice of Intent To Prepare an 

Environmental Impact Statement and 

Conduct Scoping Meeting for the 

Berths 226–236 [Everport] Container 

Terminal Improvements Project at the 

Port of Los Angeles, in the City and 

County of Los Angeles, California 

(SPL–2013–00756–TS) 

AGENCY: U.S. Army Corps of Engineers, 

DOD. 

ACTION: Notice of intent. 

SUMMARY: The purpose of this notice is 

to initiate the scoping process for 

preparation of an Environmental Impact 

Statement (EIS) for the Los Angeles 

Harbor Department (LAHD) Berths 226– 

236 [Everport] Container Terminal 

Improvements Project. 

DATES: Submit comments concerning 

this notice on or before November 24, 

2014. A public scoping meeting will be 

held on November 13, 2014 at 6:00 p.m. 

(PST). 

ADDRESSES: The scoping meeting 

location is: Los Angeles Harbor 

Department, Board of Harbor 

Commissioners hearing room, 425 S. 

Palos Verdes Street, San Pedro, 

California 90731. 

Mail written comments concerning 

this notice to: U.S. Army Corps of 

Engineers, Los Angeles District, 

Regulatory Division, Ventura Field 

Office, ATTN: SPL–2013–00756–TS, 

2151 Alessandro Drive, Suite 110, 

Ventura, CA 93001. Comment letters 

should include the commenter’s 

physical mailing address, the project 

title and the Corps file number in the 

subject line. 

FOR FURTHER INFORMATION CONTACT: 

Theresa Stevens, Ph.D., U.S. Army 

Corps of Engineers, Los Angeles District, 

Regulatory Division, Ventura Field 

Office, ATTN: SPL–2013–00756–TS, 

2151 Alessandro Drive, Suite 110, 

Ventura, CA 93001, (805) 585–2146, 

theresa.stevens@usace.army.mil. 

SUPPLEMENTARY INFORMATION: In 

accordance with the National 

Environmental Policy Act (NEPA), the 

Corps is requiring the preparation of an 

Environmental Impact Statement (EIS) 

prior to any permit action. The Corps 

may ultimately make a determination to 

permit or deny the proposed project or 

a modified version of the proposed 

project. The primary Federal concerns 

are dredging, dredged material disposal, 

addition of permanent structures in and 

over navigable waters of the U.S., and 

transport of dredged material for the 

purpose of ocean disposal. 

Pursuant to the California 

Environmental Quality Act (CEQA) the 

LAHD will serve as Lead Agency in 

preparing an Environmental Impact 

Report (EIR) for its consideration of 

development approvals within its 

jurisdiction. The Corps and LAHD have 

agreed to jointly prepare a Draft EIS/EIR 

to optimize efficiency and avoid 

duplication. The Draft EIS/EIR is 

intended to be sufficient in scope to 

address the Federal, state and local 

requirements and environmental issues 

concerning the proposed activities and 

permit approvals. 

Authority: 33 U.S.C. 403; 33 U.S.C. 1344; 

33 U.S.C. 1413. 

1. Project Site and Background 

Information. The 205-acre project site is 

located on Terminal Island along the 

east side of the Main Channel and 

immediately south of the State Route 47 

bridge. The site is within the Port of Los 

Angeles Community Plan area in the 

City and County of Los Angeles, near 

the communities of San Pedro and 

Wilmington, and approximately 20 

miles south of downtown Los Angeles. 

The purpose of the project is to improve 

marine shipping and maritime 

commerce to optimize the containerhandling efficiency and capacity at 

Berths 226–236, and to accommodate 

berthing and servicing of the largest 

container ships that may call at the Port 

of Los Angeles. The terminal is operated 

by Seaside Transportation Services 

(STS). Everport Terminal Services Inc. 

(ETS) (a wholly owned subsidiary of 

Evergreen Marine Corporation) is the 

permit holder under a lease agreement 

(Permit No. 888, as amended) between 

LAHD and ETS. 

2. Proposed Action. The LAHD has 

proposed to redevelop the existing 

container terminal at Berths 226–236. 

The following actions require a 

Department of the Army permit. Berths 

226–229: Approximately 25,000 cubic 

yards (cy) of dredging would increase 

the design depth from ¥45 feet to ¥53 

feet mean lower low water (MLLW), 

approximately 1,400 linear feet of king 

piles and sheet piles would be installed 

to stabilize the wharf, and three new 

100-foot gauge overwater gantry cranes 

would be installed and three existing 

cranes would be modified to increase 

their overall height and reach. Berths 

230–232: Approximately 7,000 cy of 

dredging would restore the design depth 

of ¥47 feet MLLW and approximately 

1,400 linear feet of sheet piles would be 

installed to stabilize the wharf. 

Approximately 1,300 cy of dredging 

would restore a design depth of ¥45 

feet MLLW between the berthing areas 

(Berth 229). All proposed depths would 

include an overdredge depth of an 

additional two feet below the proposed 

depths described above. Dredged 

material would be beneficially re-used, 

disposed at an approved upland facility, 

confined disposal facility (CDF) or 

offshore at LA–2. Construction activities 

are scheduled to begin in 2016, would 

take approximately 24 months to 

complete and would be phased to 

maintain terminal operations. The 

following actions do not require a Corps 

permit but indirect and cumulative 

impacts of these actions will be 

evaluated in the Draft EIS/EIR as 

required by NEPA: Development of 

approximately 22 acres of existing 

developed land and 1.5 acres of vacant 

land as new backlands; installation of 

infrastructure to support the new 

backland area (e.g., cable, electricity, 

lighting, drainage, etc.); closure of 

portions of Terminal Way, Barracuda 

Street, Tuna Street, and Ways Street 

within the Project site and rerouting of 

Terminal Way traffic to Cannery Street; 

improvements to Cannery Street; lease 

amendments to include the new 23.5 

acre backland plus 25 acres of existing 

backlands under space assignment; and, 

extension of the lease from the current 

termination date of 2028 to 2038. 

3. Issues: Potentially significant issues 

associated with the project may include: 

Aesthetics/visual impacts, air quality 

emissions, biological resource impacts, 

environmental justice, geologic impacts 

related to seismicity, hazards and 

hazardous materials, hydrology and 

water quality, noise, traffic and 

transportation, and cumulative impacts 

from past, present and reasonably 

foreseeable future projects. 

4. Alternatives. The Draft EIS/EIR will 

include a co-equal analysis of several 

alternatives. Project alternatives will be 

further developed during this scoping 

process. Additional alternatives that 

may be developed during scoping will 

also be considered in the Draft EIS/EIR. 

5. Scoping Process. The Corps and 

LAHD will jointly conduct a public 

scoping meeting for the proposed 

project to receive public comment 

regarding the appropriate scope and 

preparation of the Draft EIS/EIR. 

Participation by Federal, state, and local 

agencies and other interested 


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