Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Proposed Rules 53269 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. EPA Record Center, attn: Ms. 

Debbie Jourdan, Atlanta Federal Center, 

61 Forsyth Street, SW., Atlanta, Georgia 

30303–8960, Phone: (404) 562–8862, 

hours 8 a.m.–4 p.m., Monday through 

Friday by appointment only; or, Thomas 

Public Library, 315 Martin Luther King, 

Jr. Drive, Fort Valley, GA 31030, Phone: 

478–825–1640, hours 9 a.m.–6 p.m., 

Monday through Thursday, 9 a.m.–1 

p.m. Friday, closed Saturday and 

Sunday. 

FOR FURTHER INFORMATION CONTACT: 

Brian Farrier, Remedial Project 

Manager, Superfund Remedial Section 

C, Superfund Remedial Branch, 

Superfund Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960. Mr. Farrier can be reached via 

electronic mail at farrier.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

‘‘Rules and Regulations’’ Section of 

today’s Federal Register, we are 

publishing a direct final Notice of 

Deletion of Powersville Site Superfund 

Site without prior Notice of Intent to 

Delete because we view this as a 

noncontroversial revision and anticipate 

no adverse comment. We have 

explained our reasons for this deletion 

in the preamble to the direct final 

Notice of Deletion, and those reasons 

are incorporated herein. If we receive no 

adverse comment(s) on this deletion 

action, we will not take further action 

on this Notice of Intent to Delete. If we 

receive adverse comment(s), we will 

withdraw the direct final Notice of 

Deletion, and it will not take effect. We 

will, as appropriate, address all public 

comments in a subsequent final Notice 

of Deletion based on this Notice of 

Intent to Delete. We will not institute a 

second comment period on this Notice 

of Intent to Delete. Any parties 

interested in commenting must do so at 

this time. 

For additional information, see the 

direct final Notice of Deletion which is 

located in the Rules section of this 

Federal Register. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Dated: August 3, 2010 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–21441 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 6 and 19 

[FAR Case 2009–038, Docket 2010–0095; 

Sequence 1] 

Federal Acquisition Regulation; Tribal 

Consultation; Justification and 

Approval of Sole-Source 8(a) Contracts 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Notice of tribal consultation and 

outreach meetings and request for 

comments. 

SUMMARY: The Federal Acquisition 

Regulatory Council (FAR Council) will 

hold tribal consultation and outreach 

meetings to discuss rulemaking 

associated with section 811 of the 

National Defense Authorization Act 

(NDAA) for FY 2010, Public Law 111– 

84. Section 811 addresses requirements 

for the justification and approval of 

sole-source contracts over $20 million 

under the 8(a) small business 

development program. Presentations 

made during the meetings will be taken 

into consideration by the FAR Council 

as it develops changes to the Federal 

Acquisition Regulation (FAR) to 

implement section 811. 

DATES: The meetings will be held during 

the month of October in Washington, 

DC, Albuquerque, NM, and Fairbanks, 

AK. For more detailed information 

about the consultation registration 

procedures, dates, location, times, and 

agendas, please see http:// 

www.acq.osd.mil/dpap/dars/

section811.html. 

FOR FURTHER INFORMATION CONTACT: For 

questions about registration, the 

submission of comments, or for 

clarification of the subject matter of the 

consultation and outreach, submit them 

to the e-mail address identified at 

http://www.acq.osd.mil/dpap/dars/

section811.html. Please put 

‘‘Consultation Questions’’ in the subject 

line of the e-mail. 

SUPPLEMENTARY INFORMATION: 

A. Additional Information 

Procedures for the consultation and 

outreach: The FAR Council respectfully 

requests that any elected or appointed 

representatives of the tribal 

communities that are interested in 

attending the consultation and outreach 

meeting preregister and indicate 

whether they would like to make a 

presentation during the meeting. 

Registration is on a first-come firstserved basis. To pre-register, please go 

to http://www.acq.osd.mil/dpap/dars/

section811.html and send an e-mail to 

the address identified on the site with 

your name, organization affiliation, 

address, telephone number, e-mail 

address, and fax number, and indicate 

which consultation and outreach 

session you are interested in attending. 

Please put ‘‘Consultation Registration’’ 

in the subject line of the e-mail. 

Formal oral presentations: The 

purpose of these consultations and 

outreach is to encourage meaningful 

dialogue with tribal officials regarding 

the development of federal acquisition 

policy when implementing section 811 

of the NDAA 2010. In addition, 

participants interested in making formal 

oral presentations during the meeting 

should provide the following 

information by the preregistration 

deadline stated on http:// 

www.acq.osd.mil/dpap/dars/

section811.html: Name, organization 

affiliation, address, telephone number, 

e-mail address, and fax number. Based 

on the number of registrants requesting 

time for presentations, the FAR Council 

may ask participants to limit the length 

of their formal presentations so that all 

attendees wishing to speak have the 

opportunity to be heard and there is 

adequate time for discussion. 

Written comments: The FAR Council 

welcomes written statements from 

attendees making formal oral 

presentations, other attendees, and 

members of the tribal communities who 


erowe on DSKG8SOYB1PROD with PROPOSALS
53270 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Proposed Rules 

are unable to attend the meeting but 

wish to share their views on the 

development of regulations to 

implement section 811. Written 

comments may be submitted to the 

e-mail address identified at 

http://www.acq.osd.mil/dpap/dars/

section811.html. Please provide your 

name, organization affiliation, address, 

telephone number, e-mail address, and 

fax number. Please put ‘‘Consultation 

Comments’’ in the subject line of the 

e-mail. Parties wishing to have their 

written comments shared at the meeting 

should ensure comments are received 

by the deadlines stated on Web site. 

Meeting accommodations: The 

meeting is physically accessible to 

persons with disabilities. For 

information on facilities or services for 

individuals with disabilities or to 

request special assistance at the 

meeting, contact the Special Assistance 

Contact via the telephone number or 

e-mail address listed on http:// 

www.acq.osd.mil/dpap/dars/

section811.html. 

B. Background 

Section 811 of the FY 2010 NDAA 

establishes a new requirement for 

Federal agencies to justify a sole-source 

contract award to a business under the 

Small Business Administration’s 8(a) 

business development program, 

including businesses owned by Indian 

Tribes and Alaska Native Corporations, 

if the sole-source award is to exceed 

$20 million. The 8(a) program enables 

contract awards to be made to socially 

and economically disadvantaged small 

business concerns using the Small 

Business Administration (SBA) as the 

prime contractor to the requiring 

agency. 

Section 811 states that a sole-source 

justification must include the following 

information: (1) A description of the 

needs of the agency concerned for the 

matters covered by the contract, (2) a 

specification of the statutory provision 

providing the exception from the 

requirement to use competitive 

procedures in entering into the contract, 

(3) a determination that the use of a 

sole-source contract is in the best 

interest of the agency concerned, (4) a 

determination that the anticipated cost 

of the contract will be fair and 

reasonable, and (5) such other matters as 

the head of the agency concerned shall 

specify. Before an award can be made, 

the justification must be approved by an 

appropriate official, as specified in 

statute. Section 811 does not require a 

justification and approval (J&A) if the 

contract award is equal to or less than 

$20 million. Similar to the handling of 

J&As for other sole-source awards, J&As 

prepared pursuant to section 811 must 

be made public within 14 days after 

contract award is made. Finally, section 

811 requires that the FAR—the 

government-wide regulation governing 

the Federal acquisition process—be 

revised to reflect its revisions. 

The FAR Council is responsible for 

overseeing the development and 

maintenance of the FAR, including 

changes to implement section 811. Its 

members include the Administrator for 

Federal Procurement Policy, who serves 

as the chair of the Council and is a 

senior official in the Office of 

Management and Budget, and senior 

acquisition officials from the 

Department of Defense, the General 

Services Administration, and the 

National Aeronautics and Space 

Administration. 

The FAR Council believes the 

conduct of tribal consultation and 

outreach in connection with section 811 

will be a valuable component of its 

deliberations in preparing to implement 

this law, which includes contracting 

with Indian Tribes and Alaska Native 

Corporations. As explained in E.O. 

13175, Tribal consultation is a critical 

component of a sound and productive 

Federal-Tribal relationship. The 

President’s Memorandum of November 

5, 2009 underscores this 

Administration’s commitment to regular 

and meaningful consultation with tribal 

officials in policy decisions that have 

tribal implications. The FAR Council 

seeks tribal consultation and outreach in 

connection with section 811 to allow for 

constructive dialogue and an 

opportunity for the FAR Council to hear 

the views of the tribal community, 

Tribal Leaders, Elders and elected 

members of Alaska Native Villages or 

their appointed representatives on how 

this law may affect the ability of Indian 

Tribes and Alaska Native Corporations 

to receive Federal contracts under the 

8(a) Program. Officials from the Small 

Business Administration will also 

participate in the consultation and 

outreach. 

Attendees who plan to make oral 

presentations during the meeting are 

also encouraged to provide a written 

copy of their statements and any 

supplementary material they believe is 

relevant and will assist the FAR Council 

in its deliberations. Electronic or 

digitized copies are especially 

welcomed. FAR Council members or 

other officials representing the FAR 

Council may ask questions of 

individuals making formal oral 

presentations during the meeting to 

clarify or further explain their 

statements. The FAR Council will 

analyze the presentations, both oral and 

written, along with any written 

comments received. Following 

consultation and outreach and analysis 

of comments from the tribal community, 

the FAR Council will prepare a rule for 

review by the Office of Management and 

Budget pursuant to Executive Order 

12866, Regulatory Planning and Review. 

Members of the public at large, as well 

as tribal officials, will have the 

opportunity to provide written 

comments on FAR changes to 

implement section 811, which will be 

considered by the FAR Council, before 

a final rule is promulgated. 

Dated: August 26, 2010. 

Edward Loeb, 

Director, Acquisition Policy Division. 

[FR Doc. 2010–21743 Filed 8–30–10; 8:45 am] 

BILLING CODE 6820–EP–P 


erowe on DSKG8SOYB1PROD with PROPOSALS