2932 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Proposed Rules 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

[DoD–2008–OS–0009; RIN 0790–AH77] 

32 CFR Part 260 

Vending Facility Program for the Blind 

on DoD-Controlled Federal Property 

AGENCY: Department of Defense. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

reinstate Department of Defense 

regulations related to the vending 

facility program for the blind on DoDcontrolled Federal property. This rule 

will not apply to military dining 

facilities that are subject to and defined 

in section 856 of the John Warner 

National Defense Authorization Act for 

Fiscal Year 2007. 

DATES: Comments must be received by 

March 17, 2009. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Priscilla Pazzano, 703–602–4601. 

SUPPLEMENTARY INFORMATION: This 

proposed rule would reinstate 32 CFR 

Part 260 which was removed from the 

Code of Federal Regulations in 2004 and 

excepts from applicability military 

dining facilities that are subject to and 

defined in section 856 of the John 

Warner National Defense Authorization 

Act for Fiscal Year 2007 (Pub. L. 109– 

364). 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ 

It has been certified that proposed 32 

CFR part 260 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section of the economy; 

productivity; competition; jobs; the 

environment; public health or safety; or 

State, local, or tribunal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another Agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs, or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in this Executive Order. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been certified that proposed 32 

CFR part 260 does not contain a Federal 

mandate that may result in the 

expenditure by State, local and tribunal 

governments, in aggregate, or by the 

private sector, of $100 million or more 

in any 1 year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that proposed 32 

CFR part 260 is not subject to the 

Regulatory Flexibility Act (5 U.S.C. 601) 

because it would not, if promulgated, 

have a significant economic impact on 

a substantial number of small entities. 

This proposed rule is consistent with 

the Randolph-Sheppard Act (20 U.S.C. 

107), the implementing regulations of 

the U.S. Department of Education (34 

CFR part 395), and Section 856 of the 

John Warner National Defense 

Authorization Act for Fiscal Year 2007. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that proposed 32 

CFR part 260 does not impose reporting 

or recordkeeping requirements under 

the Paperwork Reduction Act of 1995. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that proposed 32 

CFR part 260 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 260 

Persons with disabilities, Blind, 

Vending. 

Accordingly, 32 CFR part 260 would 

be added to read as follows: 

PART 260—VENDING FACILITY 

PROGRAM FOR THE BLIND ON DODCONTROLLED FEDERAL PROPERTY 

Sec. 

260.1 Purpose. 

260.2 Applicability. 

260.3 Definitions. 

260.4 Policy. 

260.5 Responsibilities. 

260.6 Procedures. 

260.7 Information requirements. 

Authority: 20 U.S.C. 107. 

§ 260.1 Purpose. 

This part: 

(a) Assigns responsibilities in 

compliance with 20 U.S.C. 107 et seq. 

and 34 CFR part 395 and establishes the 

following policies within the 

Department of Defense: 

(1) Uniform policies for application of 

priority accorded the blind to operate 

vending facilities; 

(2) Requirements for satisfactory 

vending facility sites on DoD-controlled 

property; and 

(3) Vending machine income-sharing 

requirements on DoD-controlled 

property 

(b) Prescribes requirements and 

operating procedures for the vending 

facility program for the blind on DoDcontrolled property. 

(c) Does not apply to full food 

services, mess attendant services, or 

services supporting the operation of a 

military dining facility. 

§ 260.2 Applicability. 

This part applies to: 

(a) Office of the Secretary of Defense, 

the Military Departments, the Office of 

the Chairman of the Joint Chiefs of Staff 

and the Joint Staff, the Combatant 

Commands, the Office of the Inspector 

General of the Department of Defense, 

the Defense Agencies, the Department of 

Defense Field Activities, and all other 

organizational entities in the 

Department of Defense (hereafter 

referred to collectively as the ‘‘DoD 

Components’’). 

(b) Vending facility sites on DoDcontrolled property. 

§ 260.3 Definitions. 

Blind licensee. A blind person 

licensed by the State licensing agency to 

operate a vending facility on DoDcontrolled property. 

Cafeteria. A food dispensing facility 

capable of providing a broad variety of 

prepared foods and beverages (including 

hot meals) primarily through the use of 

a line where the customer serves 

himself or herself from displayed 

selections. A cafeteria may be fully 

automatic, or some limited waiter or 

waitress service may be available and 


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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Proposed Rules 2933 

provided within a cafeteria and table or 

booth seating facilities are always 

provided. The DoD Component food 

dispensing facilities that conduct 

cafeteria-type operations during part of 

their normal operating day and full 

table-service operations during the 

remainder of their normal operating day 

are not ‘‘cafeterias’’ if they engage 

primarily in full table service 

operations. 

Direct competition. The presence and 

operation of a DoD Component vending 

machine or a vending facility on the 

same DoD-controlled property as a 

vending facility operated by a blind 

vendor. Vending machines or vending 

facilities operated in areas serving 

employees, the majority of whom 

normally do not have access (in terms 

of uninterrupted ease of approach and 

the amount of time required to patronize 

the vending facility) to the vending 

facility operated by a blind vendor, shall 

not be considered to be in direct 

competition with the vending facility 

operated by a blind vendor. 

DoD-controlled property. Federal 

property that is owned, leased, or 

occupied by DoD. 

Federal employees. Civilianappropriated fund and nonappropriated 

fund employees of the United States. 

Federal property. Any building, land, 

or other real property owned, leased, or 

occupied by DoD in the United States. 

Individual location, installation, or 

facility. A single building or a selfcontained group of buildings. A selfcontained group of buildings refers to 

two or more buildings that must be 

located in close proximity to each other 

and between which a majority of the 

Federal employees working in such 

buildings regularly move from one 

building to another in the normal course 

of their official business during a 

normal working day. 

License. A written instrument issued 

by a State licensing agency to a blind 

person, authorizing that person to 

operate a vending facility on DoDcontrolled property. 

Military dining facility. A facility 

owned, operated, or leased and wholly 

controlled by DoD and used to provide 

dining services to members of the 

Armed Forces, including a cafeteria, 

military mess hall, military troop dining 

facility, or any similar dining facility 

operated for the purpose of providing 

meals to members of the Armed Forces. 

Normal working hours. An 8-hour 

work period between the approximate 

hours of 0800 and 1800, Monday 

through Friday. 

On-site official. The individual in 

command of an installation or separate 

facility or location. For the Pentagon 

Reservation only, the Washington 

Headquarters Services (WHS) Director 

of the Defense Facilities Directorate, is 

designated as the on-site official. 

Permit. The official approval given a 

State licensing agency by a department, 

agency, or instrumentality responsible 

for DoD &-controlled property whereby 

the State licensing agency is authorized 

to establish a vending facility. 

Satisfactory site. An area fully 

accessible to vending facility patrons 

and having sufficient electrical, 

plumbing, heating, and ventilation 

outlets for the location and operation of 

a vending facility in compliance with 

applicable health laws and building 

requirements. A ‘‘satisfactory site’’ shall 

have a minimum of 250 square feet 

available for sale of items and for 

storage of articles necessary for the 

operation of a vending facility. 

State. A state, the District of 

Columbia, the Commonwealth of Puerto 

Rico, a territory, or possession of the 

United States. 

State licensing agency. The State 

agency designated by the Secretary of 

Education, to issue licenses to blind 

persons for the operation of vending 

facilities on Federal and other property. 

Substantial alteration or renovation. 

A permanent material change in the 

floor area of a building that would 

render it appropriate for the location 

and operation of a vending facility by a 

blind vendor. 

United States. The several States, the 

District of Columbia, the 

Commonwealth of Puerto Rico, and the 

territories and possessions of the United 

States. 

Vending facility. Automatic vending 

machines, cafeterias, snack bars, cart 

service, shelters, counters, and such 

other appropriate auxiliary equipment 

that may be operated by blind licensees 

and that are necessary for the sale of 

newspapers, periodicals, confections, 

tobacco products, foods, beverages, and 

other articles and services to be 

dispensed automatically or manually 

and that are prepared on or off the 

premises according to applicable health 

laws. Also includes facilities providing 

the vending or exchange of chances for 

any lottery authorized by State law and 

conducted by an agency of a State 

within such State. 

Vending machine. For the purposes of 

assigning vending machine income, a 

coin or currency operated machine that 

dispenses articles or services except that 

those machines operated by the United 

States Postal Service for the sale of 

postage stamps or other postal products 

and services, machines providing 

services of a recreational nature, and 

telephones shall not be considered to be 

vending machines. 

Vending machine income. 

(1) DoD Component receipts from the 

DoD Component vending machine 

operations on DoD-controlled property, 

where the machines are operated by any 

DoD Component activity, less costs 

incurred; or 

(2) Commissions received by any DoD 

Component activity from a commercial 

vending firm that provides vending 

machines on DoD-controlled property. 

(3) ‘‘Costs incurred’’ include costs of 

goods, including reasonable service and 

maintenance costs in accordance with 

customary business practices of 

commercial vending concerns, repair, 

cleaning, depreciation, supervisory and 

administrative personnel, normal 

accounting, and accounting for incomesharing. 

Vendor. A blind licensee who is 

operating a vending facility on DoDcontrolled property. 

§ 260.4 Policy. 

It is DoD policy that a DoD 

Component having accountability for 

real property shall extend priority on 

such property to the blind when 

implementing the Randolph-Sheppard 

Act, as set out in the following 

paragraphs: 

(a) The blind shall be given priority in 

the establishment and operation of 

vending facilities. 

(b) The blind shall be given priority 

in the award of contracts to operate 

cafeterias pursuant to Section 856 of the 

John Warner National Defense 

Authorization Act for Fiscal Year 2007 

(Pub. L. 109–364). 

(c) In conjunction with acquisition or 

substantial alteration or renovation of a 

building, satisfactory sites shall be 

provided for operation of blind vending 

facilities. 

(d) Specified income from vending 

machines operated on DoD controlled 

property by a DoD Component either 

directly or by contract shall be given to 

State licensing agencies. 

§ 260.5 Responsibilities. 

(a) The Principal Deputy Under 

Secretary of Defense for Personnel and 

Readiness (PDUSD (P&R)), under the 

Under Secretary of Defense for 

Personnel and Readiness, shall establish 

policies and procedures and monitor the 

Vending Facility Program 

(b) The Head of the DoD Components, 

in monitoring their respective programs, 

shall: 

(1) Approve or disapprove State 

licensing agency applications for 

permits and the provision of satisfactory 

sites; 


hsrobinson on PROD1PC76 with PROPOSALS
2934 Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Proposed Rules 

1Available from http://www.dtic.mil/whs/ 

directives/corres/html/416570.htm. 

2 See the U.S. Department of Education Web site, 

Office of Special Education and Rehabilitative 

Services at http://www.ed.gov. 

(2) Issue policies and procedures to 

designate and establish responsibilities 

of the on-site official; 

(3) Suspend or terminate a permit to 

operate a vending facility after 

consulting with the PDUSD(P&R) where 

circumstances warrant. 

(4) Ensure appropriate real property 

outgrants are accomplished in 

accordance with DoDI 4165.70 1 and 

consistent with the Randolph-Sheppard 

Act (20 U.S.C. 107) and the 

implementing regulations (34 CFR part 

395). 

(5) The On-Site Official shall be the 

point of contact with State licensing 

agencies and shall: 

(i) Consult with State licensing 

agencies on articles and services to be 

provided; 

(ii) Establish appropriate limitations 

on the location or operation of a 

vending facility upon finding that the 

granting of a priority under the Act 

would adversely affect the interests of 

the United States. The On-Site Official 

shall justify this limitation in writing 

through the Head of the DoD 

Component and the PDUSD(P&R) to the 

Secretary of Education for 

determination of whether the limitation 

is warranted. 

(iii) Notify State licensing agencies of 

acquisition or substantial alteration or 

renovation of property; 

(iv) Negotiate with State licensing 

agencies on other matters and adhere to 

guidance provided in § 260.6 of this 

part. 

§ 260.6 Procedures. 

The DoD Components in control of 

the maintenance, operation, and 

protection of Federal property shall take 

necessary action to ensure the 

requirements set forth in this Section 

are implemented for these properties. 

(a) The blind have a priority to 

operate vending facilities on DoD 

property, whenever feasible, in light of 

appropriate space and potential 

patronage. Implementation of this 

priority is not required when: 

(1) The number of people using the 

property is or will be insufficient to 

support a vending facility; or 

(2) The Secretary of Education 

determines that the limitation on the 

placement or operation of a vending 

facility is warranted pursuant to 

260.5(b)(5)(ii), which is binding on the 

DoD Component. Notice of the Secretary 

of Education’s determination will be 

published in the Federal Register. 

(b) Applications for permits by the 

State licensing agency to operate 

vending facilities (except cafeterias) on 

DoD-controlled property must be 

submitted in writing to the Head of the 

DoD Component through the on-site 

official. When an application is not 

approved, the Head of the DoD 

Component shall advise the State 

licensing agency in writing and shall 

indicate the reasons for the disapproval. 

Permits shall describe the location of 

the vending facility and shall be subject 

to the following requirements: 

(1) The permit shall be issued in the 

name of the State licensing agency. 

(2) The permit shall be issued for an 

indefinite period of time subject to 

suspension or termination upon failure 

to comply with agreed-upon terms. It 

shall be subject to termination by either 

party on 60 days written notice to the 

other party, in cases of: 

(i) Inactivation of the installation or 

activity. 

(ii) Loss of use of a building or other 

facility housing the vending facility. 

(iii) Change in the DoD Component’s 

requirements for service. 

(iv) Inability of the State licensing 

agency to continue to operate the 

vending facility. 

(3) The permit shall provide: 

(i) No charge shall be made by the 

DoD Component to the State licensing 

agency for normal repair and 

maintenance of the building, cleaning 

areas adjacent to the designated vending 

facility boundaries, or trash removal 

from a designated collection point (not 

to include any hazardous waste). 

(ii) The State licensing agency shall be 

responsible for cleaning and 

maintaining the vending facility 

appearance and its security within the 

designated boundaries of such facility 

and for all costs of every kind in 

conjunction with vending facility 

equipment, merchandise, and other 

products to be sold, except as provided 

in paragraph (b)(3)(v) of this section. 

Neither party shall be responsible for 

loss or damage to the other’s property, 

unless caused by its acts or omissions. 

The State licensing agency shall also be 

responsible for the acts or omissions of 

the blind vendor, the vendor’s 

employees, or agents. 

(iii) Articles sold at such vending 

facilities may consist of newspapers, 

periodicals, publications, confections, 

tobacco products, foods, beverages, 

chances for any lottery authorized by 

State law and conducted by an agency 

of a State within such State, and other 

articles or services traditionally found 

in blind-operated vending facilities 

operated under 20 U.S.C. 107 et seq., as 

determined by the State licensing 

agency, in consultation with the on-site 

official, to be suitable for a particular 

location. Articles and services may be 

automatically or manually dispensed. 

(iv) Vending facilities shall be 

operated in compliance with applicable 

Federal, state, interstate and local laws 

and regulations, including those 

concerning health and sanitation, the 

environment, and building codes. 

(v) Installation, modification, 

relocation, removal, and renovation of 

vending facilities shall be subject to the 

prior approval of the on-site official and 

the State licensing agency. The 

initiating party shall pay the costs of 

installation, modification, removal, 

relocation, or renovation. In any case of 

suspension or termination of a permit to 

operate a vending facility on the basis 

of noncompliance by either party, the 

costs of removal from the building shall 

be borne by the non-complying party. 

(4) The permit shall also contain 

appropriate provisions for 

reimbursement or direct payment for 

support services such as utilities and 

telephone service. 

(5) In the event the blind licensee fails 

to provide satisfactory service or 

otherwise fails to comply with the 

requirements of the permit issued to the 

State licensing agency, the on-site 

official shall, after coordinating with the 

Head of the DoD Component, notify the 

State licensing agency of this deficiency 

in writing and request corrective action 

within a specified reasonable time. The 

notice shall indicate that failure to 

correct the deficiency shall result in 

temporary suspension or termination of 

the permit, as appropriate. Suspension 

or termination action shall be taken by 

the Head of the DoD Component after 

consultation with the PDUSD(P&R). 

(c) Any DoD Component-acquired 

(purchased, rented, leased, or 

constructed), substantially altered, or 

renovated building is required to have 

one or more satisfactory sites for a 

blind-operated vending facility, except 

as provided in paragraph (d)(1) of this 

section. 

(1) A determination that a building 

contains a satisfactory site or sites is 

presumed if the State licensing agency 

and the on-site official consult and agree 

that the site or sites provided are 

satisfactory. 

(i) The Heads of the DoD Components 

shall notify the appropriate Statelicensing agency 2 by certified or 

registered mail, return receipt requested, 

of buildings to be acquired or 

substantially altered or renovated. This 

notification shall be provided at least 60 

days in advance of the intended 


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Federal Register / Vol. 74, No. 11 / Friday, January 16, 2009 / Proposed Rules 2935 

3Available from http://www.dtic.mil/whs/ 

directives/corres/pdf/891001m.pdf. 

acquisition date or the initiation of 

actual construction, alteration, or 

renovation. 

As a practical matter, the State 

licensing agency should be contacted 

early in the planning or design stage of 

a project. This notification shall: 

(A) State that a satisfactory site(s) for 

the location and operation of a blind 

vending facility is (are) included in the 

plans for the building. 

(B) Include a copy of a single line 

drawing indicating the proposed 

location of such site(s). 

(C) Advise the State licensing agency 

that, subject to the approval of the DoD 

Component, it shall be offered the 

opportunity to select the location and 

type of vending facility to be operated 

by a blind vendor prior to completion of 

the final space layout of the building. 

(ii) Advise that the State licensing 

agency must respond within 30 days to 

the DoD Component, acknowledging 

receipt of the correspondence from the 

DoD Component and indicating whether 

it is interested in establishing a vending 

facility and, if interested, signifying its 

agreement or alternate selection of a 

location and its selection of type of 

vending facility. A copy of the written 

notice to the State licensing agency and 

the State licensing agency’s response, if 

any, shall be provided to the Secretary 

of Education. 

(iii) If the State licensing agency’s 

response to the DoD Component 

indicates it does not desire to establish 

and operate a vending facility and sets 

forth any specific basis other than the 

insufficiency of patrons to support a 

vending facility, or if the State licensing 

agency does not respond within 30 

days, then a site meeting the anticipated 

needs of the DoD Component shall be 

incorporated. Each such site shall have 

a minimum of 250 square feet for sale 

of items and for storage of articles 

necessary for the operation of a vending 

facility. 

(iv) If the State licensing agency 

indicates that the number of persons 

using the property is or will be 

insufficient to support a vending 

facility, then a satisfactory site to be 

operated under the auspices of the State 

licensing agency shall not be 

incorporated. The On-Site Official shall, 

through the Head of the DoD 

component, notify the Secretary of 

Education of the State licensing 

agency’s response. 

(2) The requirement to provide a 

satisfactory site shall not apply: 

(i) When fewer than 100 Federal 

employees (as defined in § 260.3 of this 

part) are located in the building during 

normal working hours; or 

(ii) When the building contains less 

than 15,000 square feet to be used for 

Federal Government purposes, and the 

Federal Government space is used to 

provide services to the general public. 

(iii) The provisions of paragraphs 

(d)(iv)(2)(i) and (d)(iv)(2)(ii) of this 

section do not preclude arrangements 

under which blind vending facilities 

may be established in buildings of a size 

or with an employee population less 

than that specified. For example, if a 

building is to be constructed that will 

contain only 30 Federal employees, 

upon agreement of the on-site official 

and the State licensing agency, the DoD 

Component may decide to provide a 

satisfactory site for a blind vending 

facility. 

(3) When a DoD Component is leasing 

all or part of a privately owned building 

in which the lessor or any of its tenants 

have an existing restaurant or other food 

facility in a part of the building not 

covered by the lease, and operation of 

a vending facility would be in 

substantial direct competition with such 

restaurant or other food operation, the 

requirement to provide a satisfactory 

site does not apply. 

(e) Vending machine income 

generated by the Department of Defense 

shall be shared with State licensing 

agencies as prescribed in paragraph 

(e)(1) of this section. The on-site official 

is responsible for collecting and 

accounting for such vending machine 

income (as defined in § 260.3 of this 

part) and for ensuring compliance with 

the requirements of this paragraph. 

(1) The vending machine incomesharing requirements are as follows: 

(i) One hundred percent of the 

vending machine income from vending 

machines in direct competition with 

blind-operated vending facilities shall 

be provided to the State licensing 

agency. 

(ii) Fifty percent of the vending 

machine income from vending 

machines not in direct competition with 

blind-operated vending facilities shall 

be provided to the State licensing 

agency. 

(iii) Notwithstanding paragraph 

(e)(1)(ii) of this section, thirty percent of 

the vending machine income from 

vending machines not in direct 

competition with blind-operated 

vending facilities and located where at 

least fifty percent of the total hours 

worked on the premises occurs during 

other than normal working hours (as 

defined in § 260.3 of this part) shall be 

provided to the State licensing agency. 

(2) The determination of whether a 

vending machine is in direct 

competition with the blind-operated 

vending facility is the responsibility of 

the on-site official subject to the 

concurrence of the State licensing 

agency. 

(3) These vending machine incomesharing requirements do not apply to: 

(i) Income from vending machines 

operated by or for the military 

exchanges or ships’ store systems; or 

(ii) Income from vending machines, 

not in direct competition with a blindoperated vending facility, at any 

individual location, installation, or 

facility where the total of the vending 

machine income from all such machines 

at such location, installation, or facility 

does not exceed $3,000 annually. 

(4) The payment to State licensing 

agencies under these income-sharing 

requirements must be made quarterly on 

a fiscal year basis. 

(f) Pursuant to 34 CFR 395.37, 

whenever any State licensing agency for 

the blind determines that any DoD 

activity is failing to comply with the 

provisions of 20 U.S.C. 107 et seq. and 

all informal attempts to resolve the 

issues have been unsuccessful, the State 

licensing agency may file a complaint 

with the Secretary of Education. 

§ 260.7 Information requirements. 

Within 90 days after the end of each 

fiscal year, the DoD Components shall 

forward to the PDUSD (P&R) the total 

number of applications for vending 

facility locations received from State 

licensing agencies, the number 

accepted, the number denied, the 

number still pending, the total amount 

of vending machine income collected 

(as defined in § 260.3 of this part, 

excluding income exempt from the 

income sharing requirements by 

§ 260.6(e)(3) of this part), and the 

amount of such vending machine 

income disbursed to State licensing 

agencies in each State. These reporting 

requirements have been assigned Report 

Control Symbol DD–P&R(A)2210, 

according to DoD 8910.1–M.3

Dated: January 8, 2009. 

Patricia L. Toppings, 

OSD Federal Register, Liaison Officer, 

Department of Defense. 

[FR Doc. E9–460 Filed 1–15–09; 8:45 am] 

BILLING CODE 5001–06–P 


hsrobinson on PROD1PC76 with PROPOSALS