44314 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations 

(b) Use the clause at 252.232–7006, 

Wide Area WorkFlow Payment 

Instructions, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

when 252.232–7003 is used and neither 

232.7003(b) nor (c) apply. See PGI 

232.7004 for instructions on completing 

the clause. 

[FR Doc. 2014–17941 Filed 7–30–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AI11 

Defense Federal Acquisition 

Regulation Supplement: Domestically 

Nonavailable Articles—Elimination of 

DoD-Unique List (DFARS Case 2013– 

D020) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove the DoD-unique list 

of domestically nonavailable articles 

because these items have been found to 

be either available domestically or are 

not used by DoD. 

DATES: Effective July 31, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lee Renna, telephone 571–372–6095. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 73474 on 

December 6, 2013, to remove section 

225.104 in its entirety because the 

articles currently listed no longer 

qualify as an exception to the Buy 

American statute (41 U.S.C. 8302(a)), on 

the basis of their nonavailability. The 

two items listed at section 225.104 that 

are being removed have been found to 

be either (1) available from domestic 

producers in the case of aluminum clad 

steel wire, or (2) DoD does not use the 

item in the case of the sperm-whale oil. 

Two public comments were submitted 

in response to the proposed rule. 

II. Discussion and Analysis 

No changes are being made to the 

final rule as a result of the two public 

comments. The first respondent stated 

support for the rule and the second 

respondent noted that there should be 

no change to the rule. 

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 

Review, dated September 30, 1993. This 

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

804. 

IV. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows. 

This final rule amends the Defense 

Acquisition Regulation Supplement 

(DFARS) by removing the DoD-unique 

list of domestically nonavailable articles 

that have been found to be either 

available domestically or are not used 

by DoD. Of the two items on the list, 

aluminum-clad steel is produced and 

available in the United States, and DoD 

does not use sperm-whale oil. 

This rule will not have an impact on 

small entities as it merely removes from 

the DFARS a listing of an item that is 

now domestically available and an item 

that is not used by DoD. The removal of 

the nonavailability exception to the Buy 

American statute for aluminum-clad 

steel wire will neither increase nor 

decrease small businesses’ participation 

in future procurements, particularly 

with regard to set-asides under the 

Small Business Program. This 

conclusion is primarily attributed to the 

application of the nonmanufacturer 

rule. Under the nonmanufacturer rule, 

any small business concern proposing to 

furnish a product that it did not itself 

manufacture must furnish the product 

of a domestic small business 

manufacturer. However, in industries 

where the Small Business 

Administration (SBA) has determined 

there are no domestic small business 

manufacturers, SBA may issue a waiver 

to the nonmanufacturer rule to permit 

small businesses to provide any firm’s 

product (see FAR 19.102(f)(7). 

Reinstatement of the Buy American 

statute restrictions has no effect on the 

application of the nonmanufacturer 

rule. With respect to the procurement of 

sperm-whale oil, DoD does not use this 

product in any application. As such, a 

discussion of future procurement 

opportunities for this substance is no 

longer relevant. 

No comments were received from the 

public in response to the initial 

regulatory flexibility analysis. This rule 

does not add any new information 

collection, reporting, or record keeping 

requirements. No alternatives were 

identified that will accomplish the 

objectives of the rule. 

V. Paperwork Reduction Act 

This 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 225 

Government procurement. 

Amy G. Williams, 

Deputy, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 225 is 

amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

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

chapter 1. 

225.104 [Removed] 

■ 2. Remove section 225.104. 

[FR Doc. 2014–17940 Filed 7–30–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 225 and 236 

RIN 0750–AI33 

Defense Federal Acquisition 

Regulation Supplement: Use of Military 

Construction Funds in Countries 

Bordering the Arabian Sea (DFARS 

Case 2014–D016) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement sections of the 

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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations 44315 

Military Construction and Veterans 

Affairs, and Related Agencies 

Appropriations Act, 2014, that restricts 

use of military construction funds in 

various countries, including countries 

bordering the Arabian Sea. 

DATES: Effective July 31, 2014. 

Comment Date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before September 29, 2014, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2014–D016, 

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–D016’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2014– 

D016.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D016’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2014–D016 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy G. 

Williams, 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. 

Amy G. Williams, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Since 1997, sections 111 and 112 of 

the annual military construction 

appropriations acts restrict use of 

military construction funds for 

acquisitions exceeding certain dollar 

thresholds of architect-engineer services 

and military construction contracts to be 

performed in certain foreign countries. 

With some exceptions, these restrictions 

require award to a U.S. firm or provide 

a preference for award to a U.S, firm. 

These restrictions were first 

implemented as an interim rule in the 

DFARS under DFARS Case 1997–D307 

(63 FR 11526) on March 9, 1998. 

II. Discussion and Analysis 

This interim rule revises the DFARS 

to implement sections 111 and 112 of 

the Military Construction and Veterans 

Affairs, and Related Agencies 

Appropriations Act, 2014 (Division J of 

Pub. L. 113–76). The only change 

required is to apply the restriction to 

contracts to be performed in the 

countries bordering the Arabian Sea 

(rather than the Arabian Gulf). These 

countries are India, Iran, Oman, 

Pakistan, Somalia, and Yemen. 

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 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. 

IV. 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 applies to a very limited 

number of small entities. However, an 

initial regulatory flexibility analysis has 

been performed and is summarized as 

follows: 

This rule is necessary to implement 

the restrictions on award to other than 

U.S. firms when awarding certain 

military construction and architectengineer contracts to be performed in 

countries bordering the Arabian Sea. 

The objective of this rule is to 

implement sections 111 and 112 of the 

Military Construction and Veterans 

Affairs, and Related Agencies 

Appropriations Act, 2014 (Division J of 

Pub. L. 113–76). This rule revises the 

preference for award to U.S. firms of 

military construction contracts that have 

an estimated value greater than 

$1,000,000 and the restriction requiring 

award only to U.S. firms for architectengineer contracts that have an 

estimated value greater than $500,000, 

to make it applicable to contracts to be 

performed in a country bordering the 

Arabian Sea, rather than a country 

bordering the Arabian Gulf (as required 

in earlier statutes). 

This will only apply to a very limited 

number of small entities—those entities 

that submit offers in response to 

solicitations for military construction 

contracts that have an estimated value 

greater than $1,000,000 and architectengineer contracts that have an 

estimated value greater than $500,000, 

when the contracts are to be performed 

in countries bordering the Arabian Sea. 

There is a DFARS provision that 

requires for offerors to represent 

whether they are a U.S. firm. This rule 

impacts the prescription for 

applicability of that provision (changing 

Arabian Gulf to Arabian Sea). 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

This rule does not impose any 

significant economic burden on small 

firms. The offeror must represent if it is 

a U.S. firm, but in return for a positive 

representation is granted a preference 

for award of the contract. DoD did not 

identify any alternatives that could 

reduce the burden and still meet the 

objectives of the rule. 

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–D016), in 

correspondence. 

V. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) does apply, however, 

the rule does not impose any new 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Number 

0704–0255, Defense Federal Acquisition 

Regulation Supplement (DFARS) Part 

236, Construction and ArchitectEngineer Contracts. The rule modifies 

the prescription for use of the provision 

at DFARS 252.236–7010, Overseas 

Military Construction—Preference for 

United States Firms, in an amount of 

less than 8 hours. Any change in the 

burden hours due to the changed 

prescription will be negligible. 

VI. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

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44316 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations 

to promulgate this interim rule without 

prior opportunity for public comment. 

This action is necessary because this 

rule implements sections 111 and 112 of 

the Military Construction and Veterans 

Affairs, and Related Agencies 

Appropriations Act, 2014 (Division J of 

Pub. L. 113–76). Delay in making this 

change to the DFARS may result in (1) 

the appropriations act restrictions being 

incorrectly applied to military 

construction and architect-engineer 

contracts to be performed in countries 

bordering the Arabian Gulf and (2) 

possible misuse of appropriated funds if 

DoD fails to provide appropriate 

preference for U.S. firms when 

performing such contracts in the 

countries bordering the Arabian Sea. 

Issuance as an interim rule is necessary 

to ensure immediate preference for U.S. 

firms when awarding construction 

contracts to be performed in countries 

bordering the Arabian Sea, in order to 

comply with the law and support the 

U.S. industrial base. 

However, pursuant to 41 U.S.C. 1707 

and FAR 1.501–3(b), DoD will consider 

public comments received in response 

to this interim rule in the formation of 

the final rule.’’ 

List of Subjects in 48 CFR Parts 225 and 

236 

Government procurement. 

Amy G. Williams, 

Deputy, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 225 and 236 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 225 and 236 continues to read as 

follows: 

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

chapter 1. 

PART 225—FOREIGN ACQUISITION 

225.7014 [Amended] 

■ 2. In section 225.7014, amend 

paragraph (a) by removing ‘‘Arabian 

Gulf’’ and adding ‘‘Arabian Sea’’ in its 

place. 

225.7015 [Amended] 

■ 3. Amend section 225.7015 by 

removing ‘‘Arabian Gulf’’ and adding 

‘‘Arabian Sea’’ in its place. 

PART 236—SPECIAL ASPECTS OF 

CONTRACTING FOR CONSTRUCTION 

■ 4. In section 236.273, revise paragraph 

(a) introductory text to read as follows: 

236.273 Construction in foreign countries. 

(a) In accordance with section 112 of 

the Military Construction and Veterans 

Affairs and Related Agencies 

Appropriations Act, 2014 (Division J of 

Pub. L. 113–76) and similar sections in 

subsequent military construction 

appropriations acts, military 

construction contracts funded with 

military construction appropriations, 

that are estimated to exceed $1,000,000 

and are to be performed in the United 

States outlying areas in the Pacific and 

on Kwajalein Atoll, or in countries 

bordering the Arabian Sea (i.e., India, 

Iran, Oman, Pakistan, Somalia, and 

Yemen)], shall be awarded only to 

United States firms, unless— 

* * * * * 

236.570 [Amended] 

■ 5. In section 236.570, amend 

paragraph (c)(1) by removing ‘‘Arabian 

Gulf’’ and adding ‘‘Arabian Sea’’ in its 

place. 

■ 6. Revise section 236.602–70 to read 

as follows: 

236.602–70 Restriction on award of 

overseas architect-engineer contracts to 

foreign firms. 

In accordance with section 111 of the 

Military Construction and Veterans 

Affairs and Related Agencies 

Appropriations Act, 2014 (Division J of 

Pub. L. 113–76) and similar sections in 

subsequent military construction 

appropriations acts, architect-engineer 

contracts funded by military 

construction appropriations that are 

estimated to exceed $500,000 and are to 

be performed in Japan, in any North 

Atlantic Treaty Organization member 

country, or in countries bordering the 

Arabian Sea (i.e., India, Iran, Oman, 

Pakistan, Somalia, and Yemen), shall be 

awarded only to United States firms or 

to joint ventures of United States and 

host nation firms. 

236.609–70 [Amended] 

■ 7. In section 236.609–70, amend 

paragraph (b)(3), by removing ‘‘Arabian 

Gulf’’ and adding ‘‘Arabian Sea’’ in its 

place. 

[FR Doc. 2014–17942 Filed 7–30–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 404 

[Docket No.: 140226179–4179–01] 

RIN 0648–BE02 

Administrative Updates to 

Papaha ̄naumokua ̄kea Marine National 

Monument Regulations 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC); United States Fish and Wildlife 

Service (USFWS), Department of the 

Interior (DOI). 

ACTION: Direct final rule. 

SUMMARY: This final rule makes 

administrative and procedural changes 

to the applicable regulations with 

corrected addresses and fax numbers 

because the offices of 

Papaha ̄naumokua ̄kea Marine National 

Monument have moved. 

DATES: These regulations are effective 

on July 31, 2014. 

FOR FURTHER INFORMATION CONTACT: Tia 

Brown, Office of National Marine 

Sanctuaries, NOAA Inouye Regional 

Center, 1845 Wasp Blvd., Building 176, 

Honolulu, HI 96818. Phone: 808–725– 

5805. Email: Tia.Brown@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access: This Federal 

Register document is also accessible via 

the Internet at http:// 

www.gpoaccess.gov/fr/index.html. 

I. Summary of Rulemaking 

NOAA and USFWS are amending 

ONMS regulations (50 CFR part 404) to 

reflect the recent change in address and 

phone numbers for the 

Papaha ̄naumokua ̄kea Marine National 

Monument for general questions and 

inquiries, permit application processing 

and vessel reporting requirements. The 

old address currently appears in section 

404.11(b) under ‘‘Permitting procedures 

and criteria.’’ The old address will be 

replaced with ‘‘NOAA/Inouye Regional 

Center; NOS/ONMS/PMNM/Attn: 

Permit Coordinator; 1845 Wasp Blvd., 

Building 176; Honolulu, HI 96818.’’ 

In addition, the local Hawai‘i based 

phone number for vessel notifications, 

808–395–6944, will be removed from 

the regulations. The toll-free phone 

number 1–866–478–6944 will remain 

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