Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Proposed Rules 65917 

■ b. In paragraph (d)(1), removing 

‘‘$650,000’’ and adding ‘‘$700,000’’ in 

its place. 

[FR Doc. 2014–26266 Filed 11–5–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 219, and 252 

RIN 0750–AI42 

Defense Federal Acquisition 

Regulation Supplement: Advancing 

Small Business Growth (DFARS Case 

2014–D009) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

clarify that entering into a contract 

award may cause a small business to 

eventually exceed the applicable small 

business size standard. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before January 5, 2015, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2014–D009, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2014–D009’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2014– 

D009.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2014– 

D009’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2014–D009 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Lee 

Renna, OUSD(AT&L)DPAP/DARS, 

Room 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. To 

confirm receipt of your comment(s), 

please check www.regulations.gov, 

approximately two to three days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lee Renna, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6095. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to implement policy to ensure a small 

business contractor is made aware that 

entering into a covered contract conveys 

its acknowledgement that doing so may 

cause it to eventually exceed the small 

business size standard of the North 

American Industry Classification 

System (NAICS) code identified in the 

solicitation and contract. This 

clarification is required by section 1611 

of the National Defense Authorization 

Act for Fiscal Year 2014, (10 U.S.C. 

2419). 

A ‘‘covered’’ contract within the 

context of this rule means a contract 

that was awarded to a qualified small 

business concern, as defined in section 

3(a) of the Small Business Act, Public 

Law 85–536 as amended, (15 U.S.C. 

632(a)), with an estimated annual dollar 

value that— 

• Will exceed the small business size 

standard (if expressed in dollars) for the 

North American Industry System 

(NAICS) code assigned by the 

contracting officer; or 

• Will exceed $70,000,000, if the 

small business standard is expressed in 

number of employees, for the NAICS 

code assigned by the contracting officer. 

Should this occur, the company will 

no longer qualify as a small business in 

that and other similar NAICS codes. 

Section 1611 further stipulates that 

new language shall be added to the 

DFARS to encourage these companies to 

develop the capabilities and 

characteristics typically sought by DoD 

from contractors that are competitive as 

other than small businesses. To this 

end, small business contractors may 

seek out the training and counseling 

services available from the Procurement 

Technical Assistance Program (PTAP). 

The PTAP, through its network of over 

300 Procurement Technical Assistance 

Centers located across the United States 

as well as the territories of Puerto Rico 

and Guam, offers a wide range of 

Government contracting assistance. The 

PTAP is administered by the Defense 

Logistics Agency and funded through 

cooperative agreements between DoD 

and state and local non-profit entities. 

To incorporate this guidance, the rule 

proposes to revise 212.301(f); add a new 

section 219.309 entitled Solicitation 

provisions and contract clauses; and 

add a new solicitation provision at 

252.219. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is a significant 

regulatory action and, therefore, was 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

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

804. 

III. Regulatory Flexibility Act 

DoD does not expect this 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 it does not create or alleviate 

any financial burden on small entities. 

The purpose of the rule is to advise 

small businesses that by entering into a 

DoD contract, they may eventually 

cause the company to exceed the size 

standard associated with the NAICS 

code identified in the contract. The rule 

further encourages these contractors to 

develop the competencies typically 

desired of other than small businesses. 

Therefore, an initial regulatory 

flexibility analysis has not been 

performed. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2014–D009), in 

correspondence. 

IV. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 


rmajette on DSK2TPTVN1PROD with PROPOSALS
65918 Federal Register / Vol. 79, No. 215 / Thursday, November 6, 2014 / Proposed Rules 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 212, 

219, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212, 219, and 

252 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 212 

and 252 continues to read as follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. Amend section 212.301 by— 

■ a. Redesignating paragraphs (f)(xxii) 

through (lxxiv) as (f)(xxiii) through 

(lxxv); and 

■ b. Adding a new paragraph (f)(xxii) to 

read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(xxii) Use the provision at 252.219– 

XXXX, Advancing Small Business 

Growth, as prescribed in 219.309, to 

comply with 10 U.S.C. 2419. 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 3. The authority citation for part 219 

is revised to read as follows: 

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

chapter 1. 

■ 4. Add section 219.309 to subpart 

219.3 to read as follows: 

219.309 Solicitation provisions and 

contract clauses. 

(a) Use the provision at 252.219– 

XXXX, Advancing Small Business 

Growth, as required by 10 U.S.C. 2419, 

in solicitations, including solicitations 

using FAR part 12 procedures for 

acquisition of commercial items, when 

the estimated annual value of the 

contract is expected to exceed— 

(1) The small business size standard, 

if expressed in dollars, for the North 

American Industry Classification 

System (NAICS) code assigned by the 

contracting officer; or 

(2) $70,000,000, if the small business 

size standard is expressed as number of 

employees for the NAICS code assigned 

by the contracting officer. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 5. Add section 252.219–XXXX to read 

as follows: 

252.219–XXXX Advancing Small Business 

Growth. 

As prescribed in 219.309, use the 

following provision: 

Advancing Small Business Growth (Date) 

(a) This provision implements 10 U.S.C. 

2419. 

(b) The Offeror acknowledges that by 

acceptance of this contract, it may exceed the 

applicable small business size standard of the 

NAICS code assigned to the contract and 

would no longer qualify as a small business 

concern for that NAICS code. (Small business 

size standards matched to industry NAICS 

codes are published by the Small Business 

Administration and are available at http://

www.sba.gov/content/table-small-businesssize-standards.) The Offeror is therefore 

encouraged to develop the capabilities and 

characteristics typically desired in 

contractors that are competitive as otherthan-small contractors in this industry. 

(c) For technical assistance in this regard, 

the Offeror may contact the nearest 

Procurement Technical Assistance Center 

(PTAC). PTAC locations are available at 

http://www.aptac-us.org. 

(End of provision) 

[FR Doc. 2014–26268 Filed 11–5–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 229 and 697 

[Docket No. 141002823–4823–01] 

RIN 0648–BE57 

Taking of Marine Mammals Incidental 

to Commercial Fishing Operations; 

Atlantic Large Whale Take Reduction 

Plan Regulations; Atlantic Coastal 

Fisheries Cooperative Management 

Act Provisions; American Lobster 

Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to amend the 

regulations implementing the Atlantic 

Large Whale Take Reduction Plan to 

modify the start date of the 

Massachusetts Restricted Area to begin 

on February 1, 2015, and to expand the 

Massachusetts Restricted Area by 912 

square miles. In addition, this action 

also proposes to revise the Federal 

lobster regulations to be consistent with 

the revised start date of the 

Massachusetts Restricted Area. Recent 

Federal lobster regulations closed the 

Outer Cape Lobster Management Area to 

lobster trap fishing from January 15 

through March 15, which is consistent 

with the lobster trap haul-out period in 

the Atlantic States Marine Fisheries 

Commission’s Interstate Fishery 

Management Plan for American Lobster. 

This proposed rule would adjust the 

Outer Cape Lobster Management Area 

closure dates to February 1 through 

March 31. 

DATES: Submit comments on or before 

November 21, 2014. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2014–0127, by any of the 

following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal at 

www.regulations.gov. 

• Mail: Submit written comments to 

Kim Damon-Randall, Assistant Regional 

Administrator for Protected Resources, 

NMFS Greater Atlantic Region, 55 Great 

Republic Dr., Gloucester, MA 01930, 

Attn: Large Whale Proposed Rule. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails, NMFS Greater Atlantic Region, 

978–282–8481, Kate.Swails@noaa.gov; 

or, Kristy Long, NMFS Office of 

Protected Resources, 206–526–4792, 

Kristy.Long@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

Several of the background documents 

for the Plan and the take reduction 

planning process can be downloaded 

from the Plan Web site at http://

www.greateratlantic.fisheries.noaa.gov/


rmajette on DSK2TPTVN1PROD with PROPOSALS