Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Proposed Rules 35195 

on whether such independent ILECs 

should continue to be classified as 

nondominant in the provision of such 

services if section 64.1903 is repealed. 

The Second FNPRM also asks parties to 

discuss whether, and to what extent, 

dominant carrier regulation is aptly 

suited to achieving the Commission’s 

objectives to promote competition and 

to deter anticompetitive behavior by 

independent ILECs subject to rate-ofreturn regulation. The Second FNPRM 

seeks comment on these matters, 

especially as they might affect small 

entities subject to the rules. 

26. Federal Rules that May Duplicate, 

Overlap, or Conflict with the Proposed 

Rules. None. 

Ex Parte Presentations 

27. This proceeding shall be treated as 

a ‘‘permit-but-disclose’’ proceeding in 

accordance with the Commission’s ex 

parte rules. Persons making ex parte 

presentations must file a copy of any 

written presentation or a memorandum 

summarizing any oral presentation 

within two business days after the 

presentation (unless a different deadline 

applicable to the Sunshine period 

applies). Persons making oral ex parte 

presentations are reminded that 

memoranda summarizing the 

presentation must (1) list all persons 

attending or otherwise participating in 

the meeting at which the ex parte 

presentation was made, and (2) 

summarize all data presented and 

arguments made during the 

presentation. If the presentation 

consisted in whole or in part of the 

presentation of data or arguments 

already reflected in the presenter’s 

written comments, memoranda or other 

filings in the proceeding, the presenter 

may provide citations to such data or 

arguments in his or her prior comments, 

memoranda, or other filings (specifying 

the relevant page and/or paragraph 

numbers where such data or arguments 

can be found) in lieu of summarizing 

them in the memorandum. Documents 

shown or given to Commission staff 

during ex parte meetings are deemed to 

be written ex parte presentations and 

must be filed consistent with section 

1.1206(b). In proceedings governed by 

section 1.49(f) or for which the 

Commission has made available a 

method of electronic filing, written ex 

parte presentations and memoranda 

summarizing oral ex parte 

presentations, and all attachments 

thereto, must be filed through the 

electronic comment filing system 

available for that proceeding, and must 

be filed in their native format (e.g., .doc, 

.xml, .ppt, searchable .pdf). Participants 

in this proceeding should familiarize 

themselves with the Commission’s ex 

parte rules. 

Ordering Clauses 

28. Accordingly, it is ordered that, 

pursuant to Sections 1, 2, 4(i), 4(j), 201 

through 205, 220(a), 251, 272, and 303(r) 

of the Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i), 

154(j), 201 through 205, 220(a), 251, 

272, and 303(r) this Second Further 

Notice of Proposed of Rulemaking in CC 

Docket No. 00–175 is adopted. 

29. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Second Further Notice of Proposed 

Rulemaking in CC Docket No. 00–175, 

including the Initial Regulatory 

Flexibility Certifications, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2013–13976 Filed 6–11–13; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF ENERGY 

48 CFR Parts 925, 952, and 970 

RIN 1991–AB99 

Acquisition Regulations: Export 

Control 

AGENCY: Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Energy 

(DOE) is proposing to amend the 

Department of Energy Acquisition 

Regulation (DEAR) to add export control 

requirements applicable to the 

performance of DOE contracts. 

DATES: Written comments on this 

proposed rulemaking must be received 

on or before close of business July 12, 

2013 

ADDRESSES: You may submit comments, 

identified by ‘‘DEAR: Export Control 

and RIN 1991–AB99,’’ by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email to: 

DEARrulemaking@hq.doe.gov. Include 

DEAR: Export Control and RIN 1991– 

AB99 in the subject line of the message. 

• Mail to: U.S. Department of Energy, 

Office of Acquisition and Project 

Management, MA–611, 1000 

Independence Avenue SW., 

Washington, DC 20585. Comments by 

email are encouraged. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence Butler, (202) 287–1945 or 

lawrence.butler@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Purpose and Legal Authority 

B. Summary of Major Provisions 

1. Part 925—Foreign Acquisition 

2. Part 952—Solicitation Provisions and 

Contract Clauses 

3. Part 970—DOE Management and 

Operating Contracts 

II. Summaries of Export Control Laws 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under Executive Order 12988 

C. Review Under the Regulatory Flexibility 

Act 

D. Review Under the Paperwork Reduction 

Act 

E. Review Under the National 

Environmental Policy Act 

F. Review Under Executive Order 13132 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 13211 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13609 

L. Approval by the Office of the Secretary 

of Energy 

I. Executive Summary 

A. Purpose and Legal Authority 

The purpose of this rulemaking is to 

add new DEAR subparts 925.71 and 

970.2571 to set forth requirements 

concerning compliance with export 

control laws, regulations and directives 

applicable to the performance of DOE 

contracts. 

Export control laws, regulations and 

directives that may apply to a contract 

in effect on the date of the contract 

award and as amended subsequently 

include, but are not limited to: the 

Atomic Energy Act of 1954, as amended; 

the Arms Export Control Act (22 U.S.C. 

2751 et seq.); the Export Administration 

Act of 1979 (50 U.S.C. app. 2401 et 

seq.), as continued under the 

International Emergency Economic 

Powers Act (Title II of Pub. L. 95–223, 

91 Stat. 1626, October 28, 1977); 

Trading with the Enemy Act (50 U.S.C. 

App. 5(b) as amended by the Foreign 

Assistance Act of 1961); Assistance to 

Foreign Atomic Energy Activities (10 

Code of Federal Regulations (CFR) part 

810); Export Administration Regulations 

(15 CFR parts 730 through 774); 

International Traffic in Arms 

Regulations (22 CFR parts 120 through 

130); Export and Import of Nuclear 

Equipment and Material (10 CFR part 

110); regulations administered by the 

Office of Foreign Assets Control (31 CFR 


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Subtitle B Chapter V); the Espionage Act 

(37 U.S.C. 791 et seq.); DOE Order 

142.3A, Unclassified Foreign Visits and 

Assignments Program; DOE Order 

551.1D, Official Foreign Travel; and 

DOE Order 580.1A, Department of 

Energy Personal Property Management 

Program. 

The list of laws and regulations is the 

same as that in the Export Restriction 

Notice in 41 CFR 109–1.5303(b)(6), with 

updated citations for revised versions, 

as appropriate. The Export Restriction 

Notice is required by 41 CFR part 109 

for all transfers, sales or other offerings 

of High Risk Personal Property (HRPP), 

which includes all export-controlled 

items. The DOE directives in the list are 

the three DOE orders that refer to export 

compliance when performing Contractor 

activities. DOE solicits comment on 

whether additional export control laws, 

regulations or directives should be 

added to this list. Descriptions of these 

laws, regulations and directives are 

provided in section II. 

B. Summary of Major Provisions 

DOE proposes to amend the DEAR as 

follows, for consistency with a 2010 

amendment to the Department of 

Defense Acquisition Regulations 

(DFARS) (DFARS Case 2004–D010, 75 

FR 18030, Apr. 8, 2010): 

1. Part 925—Foreign Acquisition 

Part 925 is amended by adding new 

section 925.71 to set forth requirements 

for contractors concerning the export 

control of items, including but not 

limited to unclassified information, 

materials, technology, equipment or 

software. 

More information on what constitutes 

an ‘‘item’’, as well as export control 

requirements generally, can be found at 

the following Department of Commerce 

(DOC) Web site: http://www.bis.doc.gov/ 

licensing/exportingbasics.htm. Points of 

contact for DOC are also provided at this 

Web site. Points of contact and 

additional information for the 

Department of State can be found at 

http://www.pmddtc.state.gov/about/key

_personnel.html and http://

www.pmddtc.state.gov/documents/ddtc

_getting_started.pdf. Points of contact 

and additional information for the 

Department of Treasury can be found at 

http://www.treasury.gov/services/Pages/

Foreign-Transaction-Licensing-andReporting.aspx. Points of contact and 

additional information for the Nuclear 

Regulatory Commission can be found at 

http://www.nrc.gov/about-nrc/ip/export

-import.html. The point of contact for 

the Department of Energy is the Office 

of Nonproliferation and International 

Security in the National Nuclear 

Security Administration at http://

nnsa.energy.gov/aboutus/ourprograms/

nonproliferation/programoffices/office

nonproliferationinternationalsecurity. 

DOE contractors are responsible for 

complying with export control 

requirements applicable to their 

contracts. DOE requirements for 

contractors will be set forth in a new 

DEAR Export Clause. It is the 

contractor’s responsibility to comply 

with all applicable laws and regulations 

regarding export-controlled items. This 

responsibility exists independent of, 

and is not established, or limited by, 

this DEAR rulemaking. 

2. Part 952—Solicitation Provisions and 

Contract Clauses 

Part 952 is amended by adding new 

clause 952.225–XX to set forth 

requirements for DOE contractors 

concerning compliance with applicable 

export control laws, regulations and 

directives, including a requirement for 

DOE contractors to obtain the necessary 

licenses, approvals and relevant 

documentation to comply with these 

applicable laws, regulations and 

directives. 

3. Part 970—DOE Management and 

Operating Contracts 

Subpart 970.25 is amended by adding 

new section 970.2571 to set forth 

requirements for management and 

operating contractors concerning export 

control of items, including but not 

limited to unclassified information, 

materials, technology, equipment or 

software. 

As noted above, more information on 

what constitutes an ‘‘item’’, as well as 

export control requirements generally, 

can be found at the following DOC Web 

site: http://www.bis.doc.gov/licensing/

exportingbasics.htm. Points of contact 

for DOC are also provided at this Web 

site. Points of contact and additional 

information for the Department of State 

can be found at http://

www.pmddtc.state.gov/about/key_

personnel.html and http://

www.pmddtc.state.gov/documents/ddtc

_getting_started.pdf. Points of contact 

and additional information for the 

Department of Treasury can be found at 

http://www.treasury.gov/services/Pages/

Foreign-Transaction-Licensing-andReporting.aspx. Points of contact and 

additional information for the Nuclear 

Regulatory Commission can be found at 

http://www.nrc.gov/about-nrc/ip/export

-import.html. The point of contact for 

the Department of Energy is the Office 

of Nonproliferation and International 

Security in the National Nuclear 

Security Administration at http://

nnsa.energy.gov/aboutus/ourprograms/

nonproliferation/programoffices/office

nonproliferationinternationalsecurity. 

DOE management and operating 

contractors are responsible for 

complying with export control 

requirements applicable to their 

contracts. DOE requirements for 

management and operating contractors 

will be set forth in a new DEAR Export 

Clause. It is the contractor’s 

responsibility to comply with all 

applicable laws and regulations 

regarding export-controlled items. This 

responsibility exists independent of, 

and is not established, or limited by, 

this DEAR rulemaking. 

Subpart 970.52 is amended by adding 

new clause 970.5225–1 to set forth 

requirements for management and 

operating contractors concerning 

compliance with export control laws, 

regulations and directives, including a 

requirement for DOE management and 

operating contractors to obtain the 

necessary licenses, approvals and 

relevant documentation to comply with 

applicable laws, regulations and 

directives. 

II. Summaries of Export Control Laws, 

Regulations and Directives 

Brief summaries of each of these 

authorities—which are independent of, 

and not limited by, any DEAR policy or 

clause—are set forth below: 

Atomic Energy Act of 1954, as Amended 

(AEA) 

The AEA empowers DOE to authorize 

persons subject to the jurisdiction of the 

United States to engage directly or 

indirectly in the production of special 

nuclear material outside of the United 

States. 

Arms Export Control Act 

Provides the authority to control the 

export of defense articles and services, 

and charges the President to exercise 

this authority. Executive Order 11958, 

as amended, delegated this statutory 

authority to the Secretary of State. 

Export Administration Act (EAA) 

Provides legal authority to the 

President to control, for reasons of 

national security, foreign policy and/or 

short supply, the export and reexport of 

items that are subject to the Export 

Administration Regulations (EAR) (see 

below). The EAA has expired but has 

been continued under the International 

Emergency Economic Powers Act. 

International Emergency Economic 

Powers Act 

Authorizes the President to regulate 

commerce after declaring a national 

emergency in response to any unusual 


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and extraordinary threat to the United 

States which has a foreign source. 

Trading With the Enemy Act 

Restricts trade with countries hostile 

to the United States. The law gives the 

President the power to oversee or 

restrict any and all trade between the 

U.S. and its enemies in times of war. 

The scope of the TWEA was expanded 

by the Foreign Assistance Act of 1961. 

Foreign Assistance Act of 1961 

Restricts assistance to any government 

which engages in a consistent pattern of 

gross violations of internationally 

recognized human rights. 

10 CFR Part 810, ‘‘Assistance to Foreign 

Atomic Energy Activities’’ 

The DOE has jurisdictional authority 

over exports of unclassified nuclear 

technology under section 57 b.(2) of the 

Atomic Energy Act of 1954, as amended. 

10 CFR Part 110, ‘‘Export and Import of 

Nuclear Equipment and Material’’ 

The Nuclear Regulatory Commission 

(NRC) has jurisdictional authority for 

exports for peaceful nuclear purposes of 

nuclear reactors, nuclear enrichment 

and reprocessing facilities, heavy water 

production facilities, related proprietary 

operation and maintenance manuals, 

and related equipment. The NRC also 

has jurisdictional authority for exports 

of special nuclear material, source 

material, byproduct material, 

deuterium, and nuclear grade graphite 

for nuclear end use. 

Export Administration Regulations 

(EAR) 

The Department of Commerce (DOC) 

has jurisdictional authority over a broad 

range of dual-use commodities (items 

that have both commercial and 

potentially military applications), and 

items that are not controlled by other 

export regimes. Items that are subject to 

the EAR include items found on the 

Commerce Control List (CCL), where 

they are grouped into ten categories. 

These include, among other things, 

certain electronics, computers, sensors 

and lasers, and microorganisms and 

toxins. Items on the CCL are classified 

based upon their physical 

characteristics and their potential uses. 

Items not listed on the CCL may 

nevertheless be subject to the EAR. Such 

items are designated ‘‘EAR99.’’ An 

export license may be required for an 

item subject to the EAR if the export of 

the item could impact U.S. national 

security or foreign policy objectives. 

International Traffic in Arms 

Regulations (ITAR) 

The Arms Export Control Act is 

implemented through the ITAR. The 

Department of State (State) has 

jurisdictional authority over munitions 

items, including military systems, 

equipment, components, and services, 

and space-related systems, equipment, 

components, services and items. 

Treasury Department (Treasury): 

Foreign Asset Control Regulations 

The Trading with the Enemy Act is 

implemented through the Foreign Asset 

Control Regulations. The Treasury 

Office of Foreign Asset Control (OFAC) 

has jurisdictional authority over all 

financial and tangible items having a 

destination to embargoed and terrorist 

sponsoring states. 

Department of Energy: Unclassified 

Foreign Visits and Assignments Program 

Defines a program for unclassified 

foreign national access to DOE sites, 

information, and technologies by 

establishing review, approval, 

documenting and tracking requirements. 

Department of Energy: Official Foreign 

Travel 

Establishes DOE and National Nuclear 

Security Administration (NNSA) 

requirements and responsibilities 

governing official foreign travel by 

Federal and contractor employees. 

Department of Energy: Personal 

Property Management Program 

Sets forth (a) requirements that 

implement and supplement Public 

Laws, Executive Orders, Office of 

Management and Budget directives, and 

any other agency issuances affecting the 

DOE’s personal property management 

program; (b) requirements that reflect 

the accountability perspective of 

property management; (c) policy that 

assists DOE property managers, 

contracting and financial managers, and 

other DOE officials in understanding 

their property management roles and 

responsibilities; and (d) standards, 

practices, and performance expectations 

for property management. 

This rulemaking, which would add 

new requirements to DEAR part 925 and 

subpart 970.25, and create new clauses 

in part 952 and subpart 970.52, 

addresses concerns raised in DOE 

Inspector General (IG) Reports issued in 

2004 and 2007. In the 2004 report, the 

DOE IG determined that the two DOE 

contractors it reviewed were not 

properly applying export control 

procedures. The DOE IG further stated 

that DOE must ensure that export 

control guidance, including deemed 

export guidance, is disseminated and 

consistently implemented throughout 

the DOE complex. In the 2007 report, 

the DOE IG recommended expedited 

actions to ensure compliance with 

export control requirements throughout 

the DOE complex. This rule also 

addresses a 2011 Government 

Accountability Office (GAO) report in 

which the GAO identified weaknesses 

in government-wide export controls. 

III. Procedural Requirements 

A. Review Under Executive Orders 

12866 and 13563 

Today’s regulatory action has been 

determined to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ 58 FR 51735 (October 4, 1993). 

Accordingly, this proposed rule was 

reviewed by the Office of Information 

and Regulatory Affairs within the Office 

of Management and Budget. 

DOE has also reviewed this regulation 

pursuant to Executive Order 13563, 

issued on January 18, 2011 (76 FR 3281 

(Jan. 21, 2011)). Executive Order 13563 

is supplemental to and explicitly 

reaffirms the principles, structures, and 

definitions governing regulatory review 

established in Executive Order 12866. 

To the extent permitted by law, agencies 

are required by Executive Order 13563 

to: (1) Propose or adopt a regulation 

only upon a reasoned determination 

that its benefits justify its costs 

(recognizing that some benefits and 

costs are difficult to quantify); (2) tailor 

regulations to impose the least burden 

on society, consistent with obtaining 

regulatory objectives, taking into 

account, among other things, and to the 

extent practicable, the costs of 

cumulative regulations; (3) select, in 

choosing among alternative regulatory 

approaches, those approaches that 

maximize net benefits (including 

potential economic, environmental, 

public health and safety, and other 

advantages; distributive impacts; and 

equity); (4) to the extent feasible, specify 

performance objectives, rather than 

specifying the behavior or manner of 

compliance that regulated entities must 

adopt; and (5) identify and assess 

available alternatives to direct 

regulation, including providing 

economic incentives to encourage the 

desired behavior, such as user fees or 

marketable permits, or providing 

information upon which choices can be 

made by the public. 

DOE emphasizes as well that 

Executive Order 13563 requires agencies 

to use the best available techniques to 

quantify anticipated present and future 

benefits and costs as accurately as 


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possible. In its guidance, the Office of 

Information and Regulatory Affairs has 

emphasized that such techniques may 

include identifying changing future 

compliance costs that might result from 

technological innovation or anticipated 

behavioral changes. DOE believes that 

today’s NOPR is consistent with these 

principles, including the requirement 

that, to the extent permitted by law, 

agencies adopt a regulation only upon a 

reasoned determination that its benefits 

justify its costs and, in choosing among 

alternative regulatory approaches, those 

approaches maximize net benefits. 

B. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Executive agencies the 

general duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. 

With regard to the review required by 

section 3(a), section 3(b) of Executive 

Order 12988 specifically requires that 

Executive agencies make every 

reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in section 3(a) and section 

3(b) to determine whether they are met 

or it is unreasonable to meet one or 

more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, these 

proposed regulations meet the relevant 

standards of Executive Order 12988. 

C. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. Neither 5 

U.S.C. 553 nor 41 U.S.C. 418(b) requires 

that today’s proposed rule be proposed 

for public comment. No regulatory 

flexibility analysis has been prepared. 

D. Review Under the Paperwork 

Reduction Act 

This proposed rule does not impose a 

collection of information requirement 

subject to the Paperwork Reduction Act, 

44 U.S.C. 3501 et seq. 

E. Review Under the National 

Environmental Policy Act 

DOE has concluded that promulgation 

of this proposed rule falls into a class of 

actions which would not individually or 

cumulatively have significant impact on 

the human environment, as determined 

by DOE’s regulations (10 CFR part 1021, 

subpart D) implementing the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321 et seq.). 

Specifically, this proposed rule is 

categorically excluded from NEPA 

review because the amendments to the 

DEAR are strictly procedural 

(categorical exclusion A6). Therefore, 

this proposed rule does not require an 

environmental impact statement or 

environmental assessment pursuant to 

NEPA. 

F. Review Under Executive Order 13132 

Executive Order 13132, 64 FR 43255 

(August 4, 1999), imposes certain 

requirements on agencies formulating 

and implementing policies or 

regulations that preempt State law or 

that have federalism implications. 

Agencies are required to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and carefully assess the necessity 

for such actions. DOE has examined 

today’s rule and has determined that it 

does not preempt State law and does not 

have a substantial direct effect on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. No further action 

is required by Executive Order 13132. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4) generally 

requires a Federal agency to perform a 

detailed assessment of costs and 

benefits of any rule imposing a Federal 

Mandate with costs to State, local or 

tribal governments, or to the private 

sector, of $100 million or more. This 

rulemaking does not impose a Federal 

mandate on State, local or tribal 

governments or on the private sector. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277), requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

or policy that may affect family well 

being. This rule will have no impact on 

family well-being. Accordingly, DOE 

has concluded that it is not necessary to 

prepare a Family Policymaking 

Assessment. 

I. Review Under Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’, 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to the Office of 

Information and Regulatory Affairs 

(OIRA), Office of Management and 

Budget, a Statement of Energy Effects for 

any significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgates or is expected to lead to 

promulgation of a final rule, and that: 

(1) Is a significant regulatory action 

under Executive Order 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy, or 

(3) is designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution and use. 

Today’s rule is not a significant energy 

action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516, note) provides for 

agencies to review most disseminations 

of information to the public under 

implementing guidelines established by 

each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (February 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (October 7, 2002). DOE has 

reviewed today’s notice under the OMB 

and DOE guidelines and has concluded 


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that it is consistent with applicable 

policies in those guidelines. 

K. Review Under Executive Order 13609 

Executive Order 13609 of May 1, 

2012, ‘‘Promoting International 

Regulatory Cooperation,’’ requires that, 

to the extent permitted by law and 

consistent with the principles and 

requirements of Executive Order 13563 

and Executive Order 12866, each 

Federal agency shall: 

(a) If required to submit a Regulatory 

Plan pursuant to Executive Order 12866, 

include in that plan a summary of its 

international regulatory cooperation 

activities that are reasonably anticipated 

to lead to significant regulations, with 

an explanation of how these activities 

advance the purposes of Executive 

Order 13563 and this order; 

(b) Ensure that significant regulations 

that the agency identifies as having 

significant international impacts are 

designated as such in the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions, on RegInfo.gov, 

and on Regulations.gov; 

(c) In selecting which regulations to 

include in its retrospective review plan, 

as required by Executive Order 13563, 

consider: 

(i) Reforms to existing significant 

regulations that address unnecessary 

differences in regulatory requirements 

between the United States and its major 

trading partners, consistent with section 

1 of this order, when stakeholders 

provide adequate information to the 

agency establishing that the differences 

are unnecessary; and 

(ii) Such reforms in other 

circumstances as the agency deems 

appropriate; and 

(d) For significant regulations that the 

agency identifies as having significant 

international impacts, consider, to the 

extent feasible, appropriate, and 

consistent with law, any regulatory 

approaches by a foreign government that 

the United States has agreed to consider 

under a regulatory cooperation council 

work plan. 

DOE has reviewed this proposed rule 

under the provisions of Executive Order 

13609 and determined that the rule 

complies with all requirements set forth 

in the order. 

L. Approval by the Office of the 

Secretary of Energy 

The Office of the Secretary of Energy 

has approved issuance of this proposed 

rule. 

List of Subjects in 48 CFR Parts 925, 

952 and 970 

Government procurement. 

Issued in Washington, DC, on May 24, 

2013. 

Paul Bosco, 

Director, Office of Acquisition and Project 

Management, Department of Energy. 

Oliver M. Voss, 

Acting Director, Office of Acquisition 

Management, National Nuclear Security 

Administration. 

For reasons set out in the preamble, 

the DOE is proposing to amend Chapter 

9 of Title 48 of the Code of Federal 

Regulations as set forth below. 

PART 925—FOREIGN ACQUISITION 

■ 1. The authority citation for part 925 

continues to read as follows: 

Authority: 42 U.S.C. 7101 et seq., and 50 

U.S.C. 2401 et seq. 

■ 2. Subpart 925.71 is added to read as 

follows: 

Subpart 925.71—Export Control 

Sec. 

925.7100 Scope of subpart. 

925.7101 Policy. 

925.7102 Contract clause. 

Subpart 925.71—Export Control 

925.7100 Scope of subpart. 

This subpart implements Department 

of Energy (DOE) requirements for 

contractors concerning export control of 

items including but not limited to 

unclassified information, materials, 

technology, equipment or software. 

925.7101 Policy. 

(a) DOE and its contractors must 

comply with applicable laws, 

regulations and directives when 

exporting items, included but not 

limited to, unclassified information, 

materials, technology, equipment, or 

software. DOE therefore requires its 

contractors to comply with all 

applicable export control laws, 

regulations, and directives, in effect on 

the date of contract award and as 

amended subsequently, including but 

not limited to: the Atomic Energy Act of 

1954, as amended; the Arms Export 

Control Act (22 U.S.C. 2751 et seq.); the 

Export Administration Act of 1979 (50 

U.S.C. app. 2401 et seq.), as continued 

under the International Emergency 

Economic Powers Act (Title II of Pub. L. 

95–223, 91 Stat. 1626, October 28, 1977; 

50 U.S.C. 1701 et seq.); Trading with the 

Enemy Act; (50 U.S.C. App. 5(b) as 

amended by the Foreign Assistance Act 

of 1961); Assistance to Foreign Atomic 

Energy Activities (Title 10 of the Code 

of Federal Regulations (CFR) part 810); 

Export Administration Regulations (15 

CFR parts 730 through 774); 

International Traffic in Arms 

Regulations (22 CFR parts 120 through 

130); Export and Import of Nuclear 

Equipment and Material (10 CFR part 

110); regulations administered by the 

Office of Foreign Assets Control (31 CFR 

Subtitle B Chapter V); the Espionage Act 

(37 U.S.C. 791 et seq.); DOE Order 

142.3A, Unclassified Foreign Visits and 

Assignments Program, October 14, 2010; 

DOE Order 551.1D, Official Foreign 

Travel, June 24, 2008; and DOE Order 

580.1A, Department of Energy Personal 

Property Management Program, March 

30, 2012; and the Espionage Act (37 

U.S.C. 791 et seq.) which among other 

things, prohibit— 

(1) The making of false statements and 

concealment of any material 

information regarding the use or 

disposition, export or re-export of 

property; and 

(2) Any use or disposition, export or 

re-export of property which is not 

authorized in accordance with the 

provisions of any transfer, sale or other 

offering. 

(b) Contractors seeking guidance on 

how to comply with export control 

requirements should review the list of 

laws, regulations and directives 

applicable to the export of unclassified 

information, materials, technology, 

equipment or software set forth in 

paragraph (a) of this section and in 

clause 952.225–XX. Contractors also 

may contact the agencies responsible for 

administration of export laws, 

regulations or directives applicable to a 

particular export (e.g., Departments of 

State, Commerce, Treasury, and Energy, 

or the Nuclear Regulatory Commission). 

Questions regarding DOE Directives 

should be referred to the appropriate 

DOE program office. 

(c) It is the contractor’s responsibility 

to comply with all applicable laws and 

regulations regarding export-controlled 

items. This responsibility exists 

independent of, and is not established, 

or limited by, this subpart. 

925.7102 Contract clause. 

The contracting officer shall insert the 

clause at 952.225–XX, Compliance with 

export control laws, regulations and 

directives (Export Clause), in any 

contract that may involve the export of 

items, including but not limited to 

unclassified information, materials, 

technology, equipment, or software. 

PART 952—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. The authority citation for part 952 

continues to read as follows: 

Authority: 42 U.S.C. 2201; 2282a; 2282b; 

2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 

et seq. 


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35200 Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Proposed Rules 

■ 4. Section 952.225–XX is added to 

read as follows: 

952.225–XX Compliance with export 

control laws, regulations and directives 

(Export Clause). 

As prescribed in section 925.7102, 

insert the following clause: 

COMPLIANCE WITH EXPORT CONTROL 

LAWS, REGULATIONS AND DIRECTIVES 

(XXX 20XX) 

(a) The Contractor shall comply with 

applicable laws, regulations and 

directives regarding the export of items, 

including but not limited to unclassified 

information, materials, technology, 

equipment or software related to the 

performance of this contract. The 

Contractor may be subject to civil or 

criminal penalties or contractual 

remedies for non-compliance with 

applicable laws, regulations and 

directives as set forth in such laws, 

regulations and directives, including 

monetary fines, imprisonment, or 

contract termination. 

(b) The Contractor’s responsibility to 

comply with all applicable laws and 

regulations regarding export-controlled 

items exists independent of, and is not 

established, or limited by, the 

information provided by this clause. 

(c) The following Export Restriction 

Notice shall be included in all transfers, 

sales or other offerings of unclassified 

information, materials, technology, 

equipment or software pursuant to a 

DOE contract: 

[Start of Export Restriction Notice] 

Export Restriction Notice—The use, 

disposition, export, and re-export of this 

property are subject to export control 

laws, regulations and directives, in 

effect on the date of contract award and 

as amended subsequently, that include 

but are not limited to: the Atomic 

Energy Act of 1954, as amended; the 

Arms Export Control Act (22 U.S.C. 

2751 et seq.); the Export Administration 

Act of 1979 (50 U.S.C. app. 2401 et seq.) 

as continued under the International 

Emergency Economic Powers Act (Title 

II of Pub.L. 95–223, 91 Stat. 1626, 

October 28, 1977; 50 U.S.C. 1701 et 

seq.); Trading with the Enemy Act (50 

U.S.C. App. 5(b) as amended by the 

Foreign Assistance Act of 1961); 

Assistance to Foreign Atomic Energy 

Activities (10 CFR part 810); Export and 

Import of Nuclear Equipment and 

Material (10 CFR part 110); International 

Traffic in Arms Regulations (22 CFR 

parts 120 through 130); Export 

Administration Regulations (15 CFR 

parts730 through 734); regulations 

administered by the Office of Foreign 

Assets Control (31 CFR parts 500 

through 598); DOE Order 142.3A, 

Unclassified Foreign Visits and 

Assignments Program, October 14, 2010; 

DOE Order 551.1D, Official Foreign 

Travel, June 24, 2008; and DOE Order 

580.1A, Department of Energy Personal 

Property Management Program, March 

30, 2012; and the Espionage Act (37 

U.S.C. 791 et seq.) which among other 

things, prohibit— 

(1) The making of false statements and 

concealment of any material information 

regarding the use or disposition, export or reexport of the property; and 

(2) Any use or disposition, export or reexport of the property which is not 

authorized in accordance with the provisions 

of this agreement. 

[End of Export Restriction Notice] 

(d) Upon a request for guidance by the 

Contractor, the Contracting Officer should 

direct the Contractor to the agency 

responsible for administration of the export 

laws, regulations or directives applicable to 

the Contractor’s question. 

(e) The Contractor shall obtain the 

necessary licenses, approvals and relevant 

documentation to comply with applicable 

export control laws, regulations and 

directives. The Contractor shall notify the 

Contracting Officer in a timely manner, in 

writing, of: 

(1) Any export control requirements it has 

determined apply to contract performance; 

and 

(2) That it has taken appropriate steps to 

comply with such requirements. 

(f) The Contractor’s responsibility to 

comply with all applicable export control 

laws, regulations and directives exists 

independent of, and is not established or 

limited by, this clause. 

(g) Nothing in the terms of this contract 

adds to, changes, supersedes, or waives any 

of the requirements of applicable Federal 

laws, Executive Orders, and regulations. 

(h) The Contractor shall include this clause 

in subcontracts at any tier that involve the 

transfer, sale or other offering of items, 

including but not limited to unclassified 

information, materials, technology, 

equipment or software. 

(End of clause) 

PART 970—DOE MANAGEMENT AND 

OPERATING CONTRACTS 

■ 5. The authority citation for part 970 

continues to read as follows: 

Authority: 42 U.S.C. 2201; 2282a; 2282b; 

2282c; 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 

et seq. 

■ 6. Subpart 970.25 is revised to read as 

follows: 

Subpart 970.25—Foreign Acquisition 

Sec. 

970.2570 Buy American Act. 

970.2570–1 Contract clause. 

970.2571 Export control. 

970.2571–1 Scope of subpart. 

970.2571–2 Policy. 

970.2571–3 Contract clause. 

Subpart 970.25—Foreign Acquisition 

970.2570 Buy American Act. 

970.2570–1 Contract clause. 

Contracting officers shall insert the 

clauses at 48 CFR 52.225–1, Buy 

American Act— Supplies, and 48 CFR 

52.225–9, Buy American Act— 

Construction Materials, in management 

and operating contracts. The clause at 

48 CFR 52.225–1 shall be modified in 

paragraph (d) of the FAR by substituting 

the word ‘‘use’’ for the word ‘‘deliver.’’ 

970.2571 Export control. 

970.2571–1 Scope of subpart. 

This subpart implements 

requirements concerning the export by 

DOE management and operating 

contractors of unclassified information, 

materials, technology, equipment or 

software. 

970.2571–2 Policy. 

(a) DOE and its contractors must 

comply with applicable laws, 

regulations and directives when 

exporting unclassified information, 

materials, technology, equipment or 

software DOE therefore requires its 

contractors to comply with all 

applicable export control laws, 

regulations, and directives, in effect on 

the date of contract award and as 

amended subsequently, including but 

not limited to: the Atomic Energy Act of 

1954, as amended; the Arms Export 

Control Act (22 U.S.C. 2751 et seq.); the 

Export Administration Act of 1979 (50 

U.S.C. app. 2401 et seq.) as continued 

under the International Emergency 

Economic Powers Act (Title II of Pub. L. 

95–223, 91 Stat. 1626, October 28, 1977; 

50 U.S.C. 1701 et seq.); Trading with the 

Enemy Act; (50 U.S.C. App. 5(b) as 

amended by the Foreign Assistance Act 

of 1961); Assistance to Foreign Atomic 

Energy Activities (Title 10 of the Code 

of Federal Regulations (CFR) part 810); 

Export Administration Regulations (15 

CFR parts 730 through 774); 

International Traffic in Arms 

Regulations (22 CFR parts 120 through 

130); Export and Import of Nuclear 

Equipment and Material (10 CFR part 

110); regulations administered by the 

Office of Foreign Assets Control (31 CFR 

parts 500 through 598); the Espionage 

Act (37 U.S.C. 791 et seq.); DOE Order 

142.3A, Unclassified Foreign Visits and 

Assignments Program, October 14, 2010; 

DOE Order 551.1D, Official Foreign 

Travel, June 24, 2008; and DOE Order 

580.1A, Department of Energy Personal 

Property Management Program, March 

30, 2012; and the Espionage Act (37 

U.S.C. 791 et seq.) which among other 

things, prohibit— 


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Federal Register / Vol. 78, No. 113 / Wednesday, June 12, 2013 / Proposed Rules 35201 

(1) The making of false statements and 

concealment of any material 

information regarding the use or 

disposition, export or re-export of 

property; and 

(2) Any use or disposition, export or 

re-export of property which is not 

authorized in accordance with the 

provisions of any transfer, sale or other 

offering. 

(b) Contractors seeking guidance on 

how to comply with export control 

requirements should review the list of 

laws, regulations and directives 

applicable to the export of unclassified 

information, materials, technology, 

equipment or software set forth in 

paragraph (a) above and in clause 

970.5225–1. Contractors also may 

contact the agencies responsible for 

administration of export laws, 

regulations or directives applicable to a 

particular export (e.g., Departments of 

State, Commerce, Treasury and Energy, 

or the Nuclear Regulatory Commission). 

Questions regarding DOE Directives 

should be referred to the appropriate 

DOE program office. 

(c) It is the Contractor’s responsibility 

to comply with all applicable laws and 

regulations regarding export-controlled 

items. This responsibility exists 

independent of, and is not established, 

or limited by, this subpart. 

970.2571–3 Contract clause. 

The contracting officer shall insert the 

clause at 970.5225–1, Compliance with 

export control laws, regulations and 

directives (Export Clause), in any 

contract that may involve the export of 

items including but not limited to 

unclassified information, materials, 

technology, equipment or software. 

■ 7. Section 970.5225–1 is added to read 

as follows: 

Subpart 970.52—Solicitation 

Provisions and Contract Clauses for 

Management and Operating Contracts 

970.5225–1 Compliance with export 

control laws, regulations and directives 

(Export Clause). 

As prescribed in section 970.2571–3, 

insert the following clause: 

COMPLIANCE WITH EXPORT 

CONTROL LAWS, REGULATIONS 

AND DIRECTIVES (XXX 20XX) 

(a) The Contractor shall comply with 

applicable laws, regulations and directives 

regarding the export of items including but 

not limited to unclassified information, 

materials, technology, equipment or software 

related to the performance of this contract. 

The Contractor may be subject to civil or 

criminal penalties for non-compliance with 

applicable laws, regulations and directives, 

as set forth in such laws, regulations and 

directives, including contract termination, 

monetary fines and/or imprisonment. 

(b) The Contractor’s responsibility to 

comply with all applicable laws and 

regulations regarding export-controlled items 

exists independent of, and is not established, 

or limited by, the information provided by 

this clause. 

(c) The following Export Restriction Notice 

shall be included in all transfers, sales or 

other offerings of unclassified information, 

materials, technology, equipment or software: 

[Start of Export Restriction Notice] 

Export Restriction Notice—The use, 

disposition, export, and re-export of this 

property are subject to export control laws, 

regulations and directives, in effect on the 

date of contract award and as amended 

subsequently, that include but are not limited 

to: the Atomic Energy Act of 1954, as 

amended; the Arms Export Control Act (22 

U.S.C. 2751 et seq.); the Export 

Administration Act of 1979 (50 U.S.C. app. 

2401 et seq.), as continued under the 

International Emergency Economic Powers 

Act (Title II of Pub.L. 95–223, 91 Stat. 1626, 

October 28, 1977; 50 U.S.C. 1701 et seq.); 

Trading with the Enemy Act (50 U.S.C. App. 

5(b) as amended by the Foreign Assistance 

Act of 1961); Assistance to Foreign Atomic 

Energy Activities (10 CFR part 810); Export 

and Import of Nuclear Equipment and 

Material (10 CFR part 110); International 

Traffic in Arms Regulations (22 CFR parts 

120 through 130); Export Administration 

Regulations (15 CFR parts 730 through 734); 

regulations administered by the Office of 

Foreign Assets Control (31 CFR Subtitle B 

Chapter V); DOE Order 142.3A, Unclassified 

Foreign Visits and Assignments Program, 

October 14, 2010; DOE Order 551.1D, Official 

Foreign Travel, June 24, 2008; and DOE 

Order 580.1A, Department of Energy Personal 

Property Management Program, March 30, 

2012; and the Espionage Act (37 U.S.C. 791 

et seq.) which among other things, prohibit: 

(1) The making of false statements and 

concealment of any material information 

regarding the use or disposition, export or reexport of the property; and 

(2) Any use or disposition, export or reexport of the property which is not 

authorized in accordance with the provisions 

of this agreement. 

[End of Export Restriction Notice] 

(d) Upon a request for guidance by the 

Contractor, the Contracting Officer should 

direct the Contractor to the agency 

responsible for the administration of the 

export laws, regulations or directives 

applicable to the Contractor’s question. 

(e) The Contractor shall obtain the 

necessary licenses, approvals and relevant 

documentation to comply with applicable 

export control laws, regulations and 

directives. The Contractor shall notify the 

Contracting Officer in a timely manner, in 

writing, of 1) any export control requirements 

it has determined apply to contract 

performance, and 2) that it has taken 

appropriate steps to comply with such 

requirements. 

(f) The Contractor’s responsibility to 

comply with all applicable export control 

laws, regulations and directives exists 

independent of, and is not established or 

limited by this clause. 

(g) Nothing in the terms of this contract 

adds to, changes, supersedes, or waives any 

of the requirements of applicable Federal 

laws, Executive Orders, and regulations. 

(h) The Contractor shall include this clause 

in subcontracts at any tier that involve the 

transfer, sale or other offering of items 

including but not limited to unclassified 

information, materials, technology, 

equipment, or software. 

(End of clause) 

[FR Doc. 2013–13798 Filed 6–11–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R9–ES–2010–0086; 

4500030115] 

RIN 1018–AZ52 

Endangered and Threatened Wildlife 

and Plants; Listing All Chimpanzees as 

Endangered 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule and 12-month 

petition finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, propose to list all 

chimpanzees (Pan troglodytes) as 

endangered under the Endangered 

Species Act of 1973, as amended (Act). 

We are taking this action in response to 

a petition to list the entire species, 

whether in the wild or in captivity, as 

endangered under the Act. This 

proposal constitutes our 12-month 

finding on the petition and announces 

our finding that listing all chimpanzees 

as endangered is warranted. This 

document also serves as our 5-year 


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