Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Proposed Rules 51957 

million, using the most current (2010) 

Implicit Price Deflator for the Gross 

Domestic Product. NIH does not expect 

that a final rule consistent with this 

NPRM would result in any 1-year 

expenditure that would meet or exceed 

this amount. 

List of Subjects in 45 CFR Part 5b 

Privacy. 

For the reasons set out in the 

preamble, the Department proposes to 

amend its Privacy Act Regulations, Part 

5b of 45 CFR Subtitle A, as follows: 

PART 5b—PRIVACY ACT 

REGULATIONS 

1. The authority citation for Part 5b 

continues to read as follows: 

Authority: 5 U.S.C. 301, 5 U.S.C. 552a. 

2. In § 5b.11, add paragraph 

(b)(2)(vii)(D) to read as follows: 

§ 5b.11 Exempt systems 

* * * * * 

(b) * * * 

(2) * * * 

(vii) * * * 

(D) NIH Records Related to Research 

Misconduct Proceedings, HHS/NIH, 09– 

25–0223. 

Dated: July 20, 2012. 

Kathleen Sebelius, 

Secretary, Department of Health and Human 

Services. 

[FR Doc. 2012–20887 Filed 8–27–12; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 204 

RIN 0750–AH80 

Defense Federal Acquisition 

Regulation Supplement: Clarification 

of ‘‘F’’ Orders in the Procurement 

Instrument Identification Number 

Structure (DFARS Case 2012–D040) 

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 

update instructions for assigning basic 

and supplementary procurement 

instrument identification numbers. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

October 29, 2012, to be considered in 

the formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2012–D040, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2012–D040’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D040.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2012– 

D040’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2012–D040 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Veronica 

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

Room 3B855, 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: 

Veronica Fallon, telephone 571–372– 

6087. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to eliminate the requirement to utilize 

an ‘‘F’’ in the 9th position of the 

procurement instrument identification 

number (PIIN) to identify awards to 

certain vendors, including AbilityOne 

and Federal Prison Industries 

(UNICOR), and to other Government 

organizations. These vendors are 

uniquely identified today by their 

DUNS number and/or CAGE code and, 

therefore, associated contract actions are 

easily tracked. There is no longer any 

need for DoD to uniquely identify 

contract actions with these vendors. 

Under the proposed rule, contract 

actions with these vendors will be 

treated and identified in the same 

manner as those with any other vendor. 

This change proposes to limit the use of 

‘‘F’’ in the 9th position of the PIIN to 

those task and delivery orders issued 

under a non-DoD issued contract or 

agreement. It is anticipated that this 

proposed change, which further 

standardizes DoD procedures, will also 

reduce data errors and interoperability 

problems throughout the Department’s 

business processes. 

II. Discussion and Analysis 

DoD is proposing the following 

changes to the DFARS: 

• Revise 204.7003, Basic PII number, 

paragraph (a)(3), Position 9, by— 

—Deleting from subparagraph (iii) 

instrument type C, the exception for 

contracts placed with or through other 

Government departments or agencies; 

—Deleting from subparagraph (vi) 

instrument type F, contracting actions 

placed with or through other 

Government departments or agencies 

or against contracts placed by such 

departments or agencies outside the 

DoD (including actions from nonprofit 

agencies employing people who are 

blind or severely disabled 

(AbilityOne), and the Federal Prison 

Industries (UNICOR)); 

—Providing at subparagraph (vi) 

instrument type F direction for its use 

with blanket purchase agreement 

calls, orders under contracts, 

including Federal Supply Schedules, 

Governmentwide acquisition 

contracts, and multi-agency contracts, 

basic ordering agreements issued by 

departments or agencies outside of 

DoD; and 

• Revising 204.7004, Supplementary PII 

numbers, paragraph (d)(2)(ii) by 

providing direction to use ‘‘F’’ in 

position 9 for calls against blanket 

purchase agreements and orders 

placed under non-DoD issued 

contracts including Federal Supply 

Schedules, Governmentwide 

acquisition contracts, and multiagency contracts, or basic ordering 

agreements. The proposed text also 

directs that a supplementary PII 

number with an ‘‘F’’ in the 9th 

position is to be used only once, and 

not for more than one order. 

III. 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 not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 


srobinson on DSK4SPTVN1PROD with PROPOSALS
51958 Federal Register / Vol. 77, No. 167 / Tuesday, August 28, 2012 / Proposed Rules 

Review, dated September 30, 1993. This 

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

804. 

IV. Regulatory Flexibility Act 

DoD does 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 it applies to a narrowly 

limited population of contract actions. 

However, an initial regulatory flexibility 

analysis has been performed and is 

summarized as follows: 

This proposed rule would affect how 

DoD contracting officers assign 

Procurement Instrument Identification 

Numbers (PIINs) to procurement 

actions. The proposed rule does not 

impact small entities as it only impacts 

the internal operating procedures of the 

Government by specifying how the 

assigned PIIN is constructed for certain 

procurement actions. This change 

would limit the use of ‘‘F’’ in the 9th 

position to those calls or orders issued 

under non-DoD issued contracts, basic 

ordering agreements, or blanket 

purchase agreements. As a result of the 

proposed rule, new awards under the 

AbilityOne program and the Federal 

Prison Industries program would no 

longer reflect an ‘‘F’’ in the PIIN. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

There are no significant alternatives to 

accomplish the stated objectives of this 

rule. 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 2012–D040) in 

the 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 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Part 204 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 204 is 

proposed to be amended as follows: 

1. The authority citation for 48 CFR 

part 204 continues to read as follows: 

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

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

2. Section 204.7003(a)(3) is amended 

by revising paragraphs (iii) and (vi) to 

read as follows: 

204.7003 Basic PII number. 

(a) * * * 

(3) * * * 

(iii) Contracts of all types except 

indefinite-delivery contracts, sales 

contracts, and short form research 

contracts. Do not use this code for 

contracts or agreements with provisions 

for orders or calls—C 

* * * * * 

(vi) Calls against blanket purchase 

agreements and orders under contracts 

(including Federal Supply Schedules, 

Governmentwide acquisition contracts, 

and multi-agency contracts) and basic 

ordering agreements issued by 

departments or agencies outside DoD. 

Do not use the F designation on DoDissued purchase orders, contracts, 

agreements, or orders placed under 

DoD-issued contracts or agreements—F 

* * * * * 

3. Section 204.7004(d)(2) is amended 

by revising paragraph (ii) to read as 

follows: 

204.7004 Supplementary PII numbers. 

* * * * * 

(d) * * * 

(2) * * * 

(ii) If an office is placing calls against 

blanket purchase agreements or orders 

under non-DoD issued contracts 

(including Federal Supply Schedules, 

Governmentwide acquisition contracts, 

and multi-agency contracts), or basic 

ordering agreements, the office shall 

identify the instrument with a 13 

position supplementary PII number 

using an F in the 9th position. Do not 

use the same supplementary PII number 

with an F in the 9th position on more 

than one order. Modifications to these 

calls or orders shall be numbered in 

accordance with paragraph (c) of this 

section. 

* * * * * 

[FR Doc. 2012–21052 Filed 8–27–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2011–0012; 

4500030113] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To List the Bay Skipper as 

Endangered or Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of 12-month petition 

finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

12-month finding on a petition to list 

the Bay skipper (Euphyes bayensis) as 

an endangered or threatened species 

under the Endangered Species Act of 

1973, as amended, and to designate 

critical habitat. After review of the best 

available scientific and commercial 

information, we find that listing the Bay 

skipper is not warranted at this time. 

However, we ask the public to submit to 

us any new information that becomes 

available concerning the threats to the 

Bay skipper or its habitat at any time. 

DATES: The finding announced in this 

document was made on August 28, 

2012. 

ADDRESSES: This finding is available on 

the Internet at http:// 

www.regulations.gov at Docket Number 

FWS–R4–ES–2011–0012. Supporting 

documentation we used in preparing 

this finding is available for public 

inspection, by appointment, during 

normal business hours at the U.S. Fish 

and Wildlife Service, Mississippi Field 

Office, 6578 Dogwood View Parkway, 

Jackson, MS 39213. Please submit any 

new information, materials, comments, 

or questions concerning this finding to 

the above address. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Ricks, Mississippi Field Office 

(see ADDRESSES); by telephone 601–321– 

1122, or by facsimile 601–965–4340 If 

you use a telecommunications device 

for the deaf (TDD), please call the 

Federal Information Relay Service 

(FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(B) of the Act (16 

U.S.C. 1531 et seq.), requires that, for 

any petition to revise the Federal Lists 

of Endangered and Threatened Wildlife 

and Plants that contains substantial 

scientific or commercial information 

that listing the species may be 


srobinson on DSK4SPTVN1PROD with PROPOSALS