61584 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 

from offerors in response to solicitation 

provision 252.247–7026, Evaluation 

Preference for Use of Domestic 

Shipyards—Applicable to Acquisition 

of Carriage by Vessel for DoD Cargo in 

the Coastwise of Noncontiguous Trade, 

are found at PGI 247.573(b)(3). 

(4) Procedures are provided at PGI 

247.573(b)(4) to accomplish security 

background checks pursuant to clause 

252.247–7027, Riding Gang Member 

Requirements. 

247.573–1, 247.573–2 and 247.573–3 

[Removed] 

■ 4. Remove sections 247.573–1, 

247.573–2, and 247.573–3. 

247.574 [Amended] 

■ 5. Section 247.574 is amended by— 

■ a. In paragraph (e), removing the last 

two sentences; and 

■ b. In paragraph (f), removing the last 

sentence. 

[FR Doc. 2014–24401 Filed 10–10–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AI30 

Defense Federal Acquisition 

Regulation Supplement: Flowdown of 

Specialty Metals Restrictions (DFARS 

Case 2014–D011) 

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 clarify the flowdown 

requirements for the DFARS clause 

entitled ‘‘Restriction on Acquisition of 

Certain Articles Containing Specialty 

Metals.’’ 

DATES: Effective October 14, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 79 FR 35507 on June 

23, 2014, to clarify the flowdown 

requirements for the DFARS clause 

entitled ‘‘Restriction on Acquisition of 

Certain Articles Containing Specialty 

Metals.’’ In order to prevent 

misinterpretation of the current 

flowdown requirement to insert the 

‘‘substance of the clause’’ in 

subcontracts, the flowdown requirement 

has been rewritten to specify that the 

only modifications allowed when 

flowing down the clause are as follows: 

• Exclude and reserve paragraph (d) 

of the clause. 

• Modify paragraph (c)(6) of the 

clause only as necessary to facilitate 

management of the allowance for up to 

2 percent otherwise noncompliant 

specialty metal content in the end 

product, while recognizing that the 

minimal content exception does not 

apply to specialty metals contained in 

high-performance magnets. 

• Not further alter the clause, other 

than to identify the appropriate parties. 

One respondent submitted public 

comments in response to the proposed 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. No 

changes were made to the rule as a 

result of those comments. 

Comment: The respondent noted that 

the proposed clarification may well be 

necessary and welcomed DoD’s 

willingness to minimize 

misinterpretations of laws and 

regulations. 

Response: Noted. 

Comment: The respondent expressed 

concern about the number of national 

security waivers issued to accept 

noncompliant specialty metals from 

China and other noncompliant sources. 

Response: The granting of national 

security waivers is outside the scope of 

this case. 

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. 604, 

and is summarized as follows: 

The reason for issuance of this rule is 

to clarify the flowdown requirements for 

DFARS clause 252.225–7009, 

Restriction on Acquisition of Certain 

Articles Containing Specialty Metals. 

The objective of the rule is to more fully 

implement the requirements of 10 

U.S.C. 2533b, which restricts the 

acquisition of specialty metals not 

melted in the United States, its outlying 

areas, or a qualifying country, in order 

to strengthen the United States 

industrial base. 

There were no significant issues 

raised by the public comments in 

response to the initial regulatory 

flexibility analysis. 

This rule applies to DoD contractors 

and subcontractors that are providing 

aircraft, missile or space systems, ships, 

tank or automotive items, weapon 

systems, ammunition, or components 

thereof that contain specialty metals. 

Based on Fiscal Year 2013 data in the 

Federal Procurement Data System 

(FPDS), DoD awarded 1,566 contracts 

that exceeded the simplified acquisition 

threshold for aircraft, missile or space 

systems, ships, tank or automotive 

items, weapon systems, ammunition, or 

components thereof. Of those awards, 

642 were to 533 unique small business 

entities (83%). FPDS does not contain 

data on subcontracts. If we estimate an 

average of 20 subcontracts per contract 

for items containing specialty metals, 

and that 35 percent of those 

subcontracts are awarded to small 

businesses, 2 second-tier subcontracts 

with small business entities per 

subcontract with a small business 

entity, then this rule may apply to 

approximately 27,828 small business 

entities subject to DFARS 52.225–7009. 

(1,566 contracts × 2031,320 subcontracts 

× .3510,962 1st tier subcontracts with 

small entities × 2 = 21,924 second-tier 

subcontracts with small entities. Total 

small business entities = .83(642 + 

10,962 + 21,924) = 27,828) 

There are no reporting or 

recordkeeping requirements associated 

with this rule. With some exceptions, 

the rule requires contractors to provide 

certain end products containing 

specialty metals melted or produced in 

the United States, its outlying areas, or 

a qualifying country. However, end 

items may contain a minimal amount of 

otherwise noncompliant specialty 

metals, if the total weight of such 

noncompliant metals does not exceed 2 

percent of the total of all specialty 

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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 61585 

metals in the end item. Therefore, the 

contractor has some discretion in 

flowing down the requirement to 

subcontractors to the extent necessary to 

ensure compliance of the end products 

the contractor will deliver to the 

Government. 

This rule does not impose any 

significant new burdens on small 

entities, because it only clarifies what 

was intended by the conventional 

statement to insert ‘‘the substance of the 

clause’’ in subcontracts for items 

containing specialty metals. 

V. 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 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

■ 2. Amend section 252.225–7009 by— 

■ a. Removing the clause date ‘‘(JUN 

2013)’’ and adding ‘‘(OCT 2014)’’ in its 

place; and 

■ b. Revising paragraph (e) to read as 

follows: 

252.225–7009 Restriction on Acquisition 

of Certain Articles Containing Specialty 

Metals. 

* * * * * 

(e) Subcontracts. (1) The Contractor 

shall exclude and reserve paragraph (d) 

and this paragraph (e)(1) when flowing 

down this clause to subcontracts. 

(2) The Contractor shall insert 

paragraphs (a) through (c) and this 

paragraph (e)(2) of this clause in 

subcontracts, including subcontracts for 

commercial items, that are for items 

containing specialty metals to ensure 

compliance of the end products that the 

Contractor will deliver to the 

Government. When inserting this clause 

in subcontracts, the Contractor shall— 

(i) Modify paragraph (c)(6) of this 

clause only as necessary to facilitate 

management of the minimal content 

exception at the prime contract level. 

The minimal content exception does not 

apply to specialty metals contained in 

high-performance magnets; and 

(ii) Not further alter the clause other 

than to identify the appropriate parties. 

[FR Doc. 2014–24402 Filed 10–10–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–X100714b 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; Trip 

Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the trip limit 

for the commercial sector of king 

mackerel in the eastern zone of the Gulf 

of Mexico (Gulf) in the Florida west 

coast northern subzone to 500 lb (227 

kg) of king mackerel per day in or from 

the exclusive economic zone (EEZ). This 

trip limit reduction is necessary to 

protect the Gulf king mackerel resource. 

DATES: This rule is effective 12:01 a.m., 

local time, October 13, 2014, through 

June 30, 2015, unless changed by further 

notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824– 

5305, email: susan.gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fishery for coastal migratory pelagic fish 

(king mackerel, Spanish mackerel, and 

cobia) is managed under the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP). 

The FMP was prepared by the Gulf of 

Mexico and South Atlantic Fishery 

Management Councils (Councils) and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

The Gulf migratory group king 

mackerel is divided into western and 

eastern zones. On April 27, 2000, NMFS 

implemented the final rule (65 FR 

16336, March 28, 2000) that further 

divided the Gulf eastern zone’s Florida 

west coast subzone into northern and 

southern subzones, and established 

their separate quotas. The December 29, 

2011 (76 FR 82058), final rule specified 

the quota for the Florida west coast 

northern subzone at 178,848 lb (81,124 

kg) (50 CFR 622.384(b)(1)(i)(B)(2)). 

The regulations at 50 CFR 

622.385(a)(2)(ii)(B)(2), provide that 

when 75 percent of the Florida west 

coast northern subzone’s quota has been 

harvested until a closure of the subzone 

has been effected or the fishing year 

ends, king mackerel in or from the EEZ 

may be possessed on board or landed 

from a permitted vessel in amounts not 

exceeding 500 lb (227 kg) per day. 

NMFS has projected that 75 percent of 

the quota for Gulf migratory group king 

mackerel from the Florida west coast 

northern subzone has been reached. 

Accordingly, a 500-lb (227-kg) trip limit 

applies to vessels with a commercial 

permit for king mackerel that possess or 

land king mackerel in or from the EEZ 

in the Florida west coast northern 

subzone effective 12:01 a.m., local time, 

October 13, 2014. The 500-lb (227-kg) 

trip limit will remain in effect until the 

subzone closes or until the end of the 

current fishing year (June 30, 2015), 

whichever occurs first. 

The Florida west coast northern 

subzone is that part of the EEZ between 

26°19.8’ N. latitude (a line directly west 

from the boundary between Lee and 

Collier Counties, FL) and 87°31.1’ W. 

longitude (a line directly south from the 

state boundary of Alabama and Florida). 

Classification 

The Regional Administrator, 

Southeast Region, NMFS, has 

determined this temporary rule is 

necessary for the conservation and 

management of Gulf migratory group 

king mackerel and is consistent with the 

Magnuson-Stevens Act and other 

applicable laws. 

This action is taken under 50 CFR 

622.385(a)(2)(ii)(B) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for Fisheries, 

NOAA, (AA), finds good cause to waive 

the requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

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