Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Proposed Rules 23373 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send 

e-mail directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to 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: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Cynthia Allen, EPA Region IX, (415) 

947–4120, allen.cynthia@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal updates the delegation tables 

in 40 CFR parts 60 and 61, to allow 

easier access by the public to the status 

of local jurisdictions. In the Rules and 

Regulations section of this Federal 

Register, we are updating these 

delegation tables in a direct final action 

without prior proposal because we 

believe these delegations are not 

controversial. If we receive adverse 

comments, however, we will publish a 

timely withdrawal of the direct final 

rule and address the comments in 

subsequent action based on this 

proposed rule. 

We do not plan to open a second 

comment period, so anyone interested 

in commenting should do so at this 

time. If we do not receive adverse 

comments, no further activity is 

planned. For further information, please 

see the direct final action. 

Dated: April 17, 2009. 

Allyn Stern, 

Acting Director, Air Division, Region IX. 

[FR Doc. E9–11523 Filed 5–18–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 271 

[EPA–R03–RCRA–2009–0196; FRL–8906–7] 

Pennsylvania: Final Authorization of 

State Hazardous Waste Management 

Program Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule: Correction. 

SUMMARY: The Environmental Protection 

Agency published in the Federal 

Register of April 29, 2009 (74 FR 

19480), a document concerning 

Pennsylvania’s Final Authorization of 

State Hazardous Waste Management 

Program Revisions. This document 

corrects the Docket Number. 

FOR FURTHER INFORMATION CONTACT: 

Charles Bentley, Mailcode 3LC50, Office 

of State Programs, U.S. EPA Region III, 

1650 Arch Street, Philadelphia, PA 

19103–2029, Phone number: (215) 814– 

3379. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of April 29, 

2009 in FR Doc. E9–9790, on page 

19480, the following corrections are 

made: 

1. In the Heading of the document, the 

Docket Number is corrected to read 

‘‘EPA–R03–RCRA–2009–0196’’. 

2. In the sentence following 

‘‘ADDRESSES:’’ in the second column, the 

docket number is corrected to read 

‘‘EPA–R03–RCRA–2009–0196’’. 

3. In the sentence following 

‘‘Instructions:’’ in the third column, the 

docket number is corrected to read 

‘‘EPA–R03–RCRA–2009–0196’’. 

Dated: May 7, 2009. 

William C. Early, 

Acting Regional Administrator, EPA Region 

III. 

[FR Doc. E9–11655 Filed 5–18–09; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 19 

[FAR Case 2008–023; Docket 2009–0017; 

Sequence 1] 

RIN 9000–AL29 

Federal Acquisition Regulation; FAR 

Case 2008–023, Clarification of Criteria 

for Sole Source Awards to Servicedisabled Veteran-owned Small 

Business Concerns 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and 

SpaceAdministration (NASA). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are proposing to amend the 

Federal Acquisition Regulation (FAR) to 

clarify the criteria that need to be met 

in order to conduct a sole source 

Service-disabled Veteran-owned Small 

Business (SDVOSB) concern 

acquisition. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before July 20, 2009 to 

be considered in the formulation of a 

final rule. 

ADDRESSES: Submit comments 

identified by FAR case 2008–023 by any 

of the following methods: 

•Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘FAR 

Case 2008–023’’ under the heading 

‘‘Comment or Submission’’. Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with FAR Case 2008– 

023. Follow the instructions provided to 

complete the ‘‘Public Comment and 

Submission Form’’. Please include your 

name, company name (if any), and 

‘‘FAR Case 2008–023’’ on your attached 

document. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VPR), 1800 F Street NW, Room 4041, 

ATTN: Hada Flowers, Washington, DC 

20405. 

Instructions: Please submit comments 

only and cite FAR case 2008–23 in all 

correspondence related to this case. All 

comments received will be posted 


erowe on PROD1PC63 with PROPOSALS-1
23374 Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Proposed Rules 

without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rhonda Cundiff, Procurement Analyst, 

at (202) 501–0044 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. Please cite FAR case 2008–023 in 

all correspondence. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The United States Government 

Accountability Office’s (GAO) decision 

in the matter of MCS Portable Restroom 

Service, B–299291, March 28, 2007, 

deals in part with the issue of when a 

sole source SDVOSB acquisition may be 

conducted. In this decision, GAO notes 

that the plain wording of FAR 19.1406 

may be unintentionally inconsistent 

with the Veterans Benefit Act of 2003 

and the Small Business Administration 

regulations that implement that Act. 

GAO concludes the intent of the FAR 

language is that one criterion for a sole 

source award is that the contracting 

officer does not have a reasonable 

expectation that two or more SDVOSBs 

will submit offers. The intent of the FAR 

language is not that a sole source 

acquisition is prohibited if more than 

one SDVOSB that could conceivably 

perform the work exists. 

The Councils have reviewed the 

language in question, FAR 19.1406(a)(1). 

The Councils have determined that in 

order to lessen the possibility of 

misinterpretation, the language should 

be revised to more closely mirror the 

Veterans Benefit Act of 2003 (15 U.S.C. 

657f). The proposed rule contains 

language that was revised accordingly. 

The language in FAR 19.1306(a)(1), 

which deals with sole source awards to 

HUBZone small business concerns 

based on 15 U.S.C. 657a(b), is currently 

the same as the language in FAR 

19.1406(a)(1). The Councils have 

determined that the language in 

19.1306(a)(1) should be revised in the 

same manner as the language in 

19.1406(a)(1). The intent in both cases is 

that one of the criterion for making a 

sole source award is that the contracting 

officer does not reasonably expect to 

receive offers from two or more 

concerns. Not revising the language in 

FAR 19.1306(a)(1) to match FAR 

19.1406(a)(1) will lead to confusion. 

There could be a presumption that the 

intent is to convey different meanings, 

when that is not the intent. Therefore, 

the proposed rule contains language that 

has been revised accordingly. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Councils do not expect this 

proposed rule to have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., because this 

revision is being done to clarify the 

intent of the existing language and is not 

a change in policy. An Initial Regulatory 

Flexibility Analysis has, therefore, not 

been performed. We invite comments 

from small businesses and other 

interested parties. The Councils will 

consider comments from small entities 

concerning the affected FAR Part 19 in 

accordance with 5 U.S.C. 610. Interested 

parties must submit such comments 

separately and should cite 5 U.S.C. 601, 

et seq. (FAR case 2008–023), in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the proposed changes 

to the FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. Chapter 35, 

et seq. 

List of Subjects in 48 CFR Part 19. 

Government procurement. 

Dated: May 12, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

Therefore, DoD, GSA, and NASA 

propose amending 48 CFR part 19 as set 

forth below: 

PART 19—SMALL BUSINESS 

PROGRAMS 

1. The authority citation for 48 CFR 

part 19 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

2. Amend section 19.1306 by revising 

paragraphs (a) and (a)(1) to read as 

follows: 

19.1306 HUBZone sole source awards. 

(a) A contracting officer may award 

contracts to HUBZone small business 

concerns on a sole source basis (see 

19.501(c) and 6.302–5) without 

considering small business set-asides 

(see Subpart 19.5), provided— 

(1) The contracting officer does not 

have a reasonable expectation that offers 

would be received from two or more 

HUBZone small business concerns; 

* * * * * 

3. Amend section 19.1406 by revising 

paragraphs (a)(1) and (a)(2) to read as 

follows: 

19.1406 Sole source awards to servicedisabled veteran owned small business 

concerns. 

(a) * * * 

(1) The contracting officer does not 

have a reasonable expectation that offers 

would be received from two or more 

service-disabled veteran-owned small 

business concerns; 

(2) The anticipated award price of the 

contract, including options, will not 

exceed— 

* * * * * 

[FR Doc. E9–11648 Filed 5–18–09; 8:45 am] 

BILLING CODE 6820–EP–S 

GENERAL SERVICES 

ADMINISTRATION 

48 CFR Parts 541 and 552 

[GSAR Case 2008–G511; Docket 2009–0008; 

Sequence 1] 

RIN 3090–AI85 

General Services Administration 

Acquisition Regulation; GSAR Case 

2008–G511; Rewrite of Part 541, 

Acquisition of Utility Services 

AGENCY: Office of the Chief Acquisition 

Officer, General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: The General Services 

Administration (GSA) is proposing to 

amend the General Services 

Administration Acquisition Regulation 

(GSAR) to revise the section of GSAR 

Part 541 that provides requirements for 

the acquisition of utility services. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat on or before July 20, 2009 to 

be considered in the formulation of a 

final rule. 

ADDRESSES: Submit comments 

identified by GSAR Case 2008–G511 by 

any of the following methods: 

•Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting ‘‘GSAR 

Case 2008–G511’’ under the heading 

‘‘Comment or Submission’’. Select the 

link ‘‘Send a Comment or Submission’’ 

that corresponds with GSAR Case 2008– 

G511. Follow the instructions provided 

to complete the ‘‘Public Comment and 

Submission Form’’. Please include your 


erowe on PROD1PC63 with PROPOSALS-1