73472 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules 

MSHA has received a subsequent 

request to further extend the comment 

period to allow time for NIOSH to 

finalize the studies and to provide a 

period for review. In response to this 

request, MSHA is extending the 

comment period to June 2, 2014. 

Dated: December 4, 2013. 

Joseph A. Main, 

Assistant Secretary of Labor for Mine Safety 

and Health. 

[FR Doc. 2013–29306 Filed 12–4–13; 4:15 pm] 

BILLING CODE 4510–43–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2013–0650; FRL–9903–77– 

Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Maryland; State Boards Requirements 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the State of 

Maryland for the purpose of addressing 

the State Boards’ requirements for all 

criteria pollutants of the National 

Ambient Air Quality Standards 

(NAAQS). In the Final Rules section of 

this Federal Register, EPA is approving 

the State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by January 6, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2013–0650 by one of the 

following methods: 

A. www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2013–0650, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, Air 

Protection Division, Mailcode 3AP30, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

D. Hand Delivery: At the previously 

listed EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2013– 

0650. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. 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: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

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

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in www.regulations.gov or 

in hard copy during normal business 

hours at the Air Protection Division, 

U.S. Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

Copies of the State submittal are 

available at the Maryland Department of 

the Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland 21230. 

FOR FURTHER INFORMATION CONTACT: 

Ruth Knapp, (215) 814–2191, or by 

email at knapp.ruth@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule and if that provision may be 

severed from the remainder of the rule, 

EPA may adopt as final those provisions 

of the rule that are not the subject of an 

adverse comment. 

Dated: November 14, 2013. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2013–28955 Filed 12–5–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 212, and 232 

RIN 0750–AI13 

Defense Federal Acquisition 

Regulation Supplement: Application of 

Certain Clauses to Acquisitions of 

Commercial Items (DFARS Case 2013– 

D035) 

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 the applicability of two clauses 

to acquisitions of commercial items. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before February 4, 2014, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2013–D035, 

using any of the following methods: 

• Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2013–D035’’ 

under the heading ‘‘Enter keyword or 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules 73473 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D035.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2013– 

D035’’ on your attached document. 

• Email: dfars@mail.mil. Include 

DFARS Case 2013–D035 in the subject 

line of the message. 

• Fax: 571–372–6094. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Susan C. 

Williams, 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: 

Susan C. Williams, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6092; facsimile 

571–372–6101. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise DFARS 

part 212, Acquisition of Commercial 

Items, to clarify the applicability of 

DFARS 252.211–7008, Use of 

Government-Assigned Serial Numbers, 

and DFARS 252.232–7006, Wide Area 

WorkFlow Payment Instructions, to 

acquisitions of commercial items by 

adding them to the list at 212.301(f) and 

revising the clause prescriptions to 

require their inclusion in solicitations 

and contracts for acquisitions of 

commercial items using FAR part 12 

procedures. 

DFARS 252.211–7008 is not listed for 

use in commercial acquisitions at 

212.301(f); nor does the clause 

prescription at 211.274–6(c) address 

applicability to commercial item 

acquisitions. DFARS 252.211–7008 is 

prescribed for use in solicitations and 

contracts that include the clause at 

DFARS 252.211–7003, Item 

Identification and Valuation, and that 

also require the contractor to mark 

major end items (211.274–6(c)). DFARS 

252.211–7003 is required to be included 

in solicitations and contracts for 

commercial items (see DFARS 

212.301(f) and 211.274–6(a)(1)). 

DFARS 252.232–7006 is prescribed 

for use when DFARS 252.232–7003 is 

used, unless the circumstances of 

232.7003(b) or (c) apply (232.7004(b)). 

DFARS 252.232–7003 is required to be 

included in solicitations and contracts 

for commercial items except under 

limited circumstances provided in 

232.7002(a)(see DFARS 212.301(f) and 

232.7004(a)). 

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 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. 

III. 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 this rule merely 

provides explicit clarification of the 

applicability of DFARS 252.211–7008, 

Use of Government-Assigned Serial 

Numbers, and DFARS 252.232–7006, 

Wide Area WorkFlow Payment 

Instructions, to acquisitions of 

commercial items. Nevertheless, an 

initial regulatory flexibility analysis has 

been performed and is summarized as 

follows: 

DFARS part 212, Acquisition of 

Commercial Items, is being revised to 

clarify the applicability of DFARS 

252.211–7008, Use of GovernmentAssigned Serial Numbers, and DFARS 

252.232–7006, Wide Area WorkFlow 

Payment Instructions, to acquisitions of 

commercial items by adding them to the 

list at 212.301(f) and revising the clause 

prescriptions to specifically include 

them in solicitations and contracts for 

acquisitions using FAR part 12 

procedures. 

According to the Federal Procurement 

Data System, in Fiscal Year 2012, DoD 

made approximately 95,000 contract 

awards (not including modifications 

and orders) that exceeded the micropurchase threshold, using FAR part 12 

procedures, of which approximately 

60,000 (63%) were awarded to about 

35,000 unique small business entities. 

This rule is likely to have a slightly 

positive impact because the additional 

clarity will help contracting officers and 

small businesses to better understand 

DoD’s requirements. This rule does not 

add any information collection 

requirements. The rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. Also, no alternatives 

were identified that will accomplish the 

objectives of the 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 2013–D35), 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 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 211, 

212, and 232 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 211, 212, and 

232 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 211, 

212, and 232 continues to read as 

follows: 

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

chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

■ 2. In section 211.274–6, paragraph (c) 

introductory text is revised to read as 

follows: 

211.274–6 Contract clauses. 

* * * * * 

(c) Use the clause at 252.211–7008, 

Use of Government-Assigned Serial 

Numbers, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, that– 

* * * * * 


emcdonald on DSK67QTVN1PROD with PROPOSALS
73474 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 3. Amend section 212.301 by— 

■ a. Redesignating— 

■ i. Paragraphs (f)(l) through (lxviii) as 

(f)(lii) through (lxx); 

■ ii. Paragraphs (f)(xii) through (xlix) as 

(f)(xiii) through (l). 

■ b. Adding new paragraphs (f)(xii) and 

(li). 

The additions read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(xii) Use the clause at 252.211–7008, 

Use of Government-Assigned Serial 

Numbers, as prescribed in 211.274–6(c). 

* * * * * 

(li) Use the clause at 252.232–7006, 

Wide Area WorkFlow Payment 

Instructions, as prescribed in 

232.7004(b). 

* * * * * 

PART 232—CONTRACT FINANCING 

■ 4. In section 232.7004, revise the 

section heading and paragraph (b) to 

read as follows: 

232.7004 Contract clauses. 

* * * * * 

(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. 2013–29156 Filed 12–5–13; 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: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

remove the DoD-unique list of 

nonavailable articles because these 

items have been found to be either 

available domestically or are not used 

by DoD. 

DATES: Comment date: Comments on the 

proposed rule should be submitted in 

writing to the address shown below on 

or before February 4, 2014, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2013–D020, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2013–D020’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D020.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2013– 

D020’’ on your attached document. 

Æ Email: dfars@mail.mil. Include 

DFARS Case 2013–D020 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Lee Renna, 

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: Lee 

Renna, Defense Acquisition Regulations 

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

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6095; facsimile 

571–372–6101. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

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. 

section 8302(a)), on the basis of their 

nonavailability. 

II. Discussion and Analysis 

DoD has determined that domestic 

aluminum-clad steel wire available in 

the United States meets the two-part test 

used at FAR 25.101(a) to define a 

domestic end product, i.e., this item is 

known to be manufactured in the 

United States and the cost of the 

domestic components in this item 

exceed 50 percent of the sum total cost 

of the components of the product. In 

addition, the domestic sources that 

supply this item are capable of meeting 

50 percent or more of the total U.S. 

Government and nongovernment 

demand, as required by FAR 25.103(1). 

Sperm oil is not used by DoD. Sperm 

oil is obtained from sperm whales, 

which are listed in 50 CFR section 17.11 

as an endangered species; therefore, in 

accordance with the Endangered 

Species Act of 1973 (16 U.S.C. sections 

1531–1544), it is unlawful to engage in 

any activity that could bring harm to 

these animals. It is possible to obtain 

‘‘pre-Act’’ sperm oil, i.e., sperm oil, 

including derivatives thereof, which 

was lawfully held within the United 

States on or before December 28, 1973; 

however, as previously stated, DoD does 

not use this product in any application. 

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 

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 the rule is removing the 

DoD-unique list of 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 oil. However, an 

initial regulatory flexibility analysis has 

been performed and is summarized as 

follows: 


emcdonald on DSK67QTVN1PROD with PROPOSALS