Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Proposed Rules 35507 

the Code of Federal Regulations as 

follows: 

PART 369—VOCATIONAL 

REHABILITATION SERVICE 

PROJECTS 

■ 1. The authority citation for part 369 

continues to read as follows: 

Authority: 29 U.S.C. 7011(c), 732, 750, 

777(a)(1), 777b, 777f and 795g, unless 

otherwise noted. 

■ 2. Section 369.4(b) is amended by 

revising the definition of ‘‘Reservation’’ 

to read as follows: 

[Alternative A] 

§ 369.4 What definitions apply to these 

programs? 

* * * * * 

(b) * * * 

Reservation means a Federal or State 

Indian reservation; public domain 

Indian allotment; former Indian 

reservation in Oklahoma; land held by 

incorporated Native groups, regional 

corporations, and village corporations 

under the provisions of the Alaska 

Native Claims Settlement Act; or a 

defined area of land recognized by a 

State or the Federal Government where 

there is a concentration of tribal 

members and on which the tribal 

government is providing structured 

activities and services. 

* * * * * 

[Alternative B] 

§ 369.4 What definitions apply to this 

program? 

* * * * * 

(b) * * * 

Reservation means only a Federal or 

State Indian reservation, public domain 

Indian allotment, former Indian 

reservation in Oklahoma, and land held 

by incorporated Native groups, regional 

corporations, and village corporations 

under the provisions of the Alaska 

Native Claims Settlement Act. 

* * * * * 

PART 371—VOCATIONAL 

REHABILITATION SERVICES 

PROJECTS FOR AMERICAN INDIANS 

WITH DISABILITIES 

■ 3. The authority citation for part 371 

continues to read as follows: 

Authority: 29 U.S.C. 709(c) and 741, 

unless otherwise noted. 

■ 4. Section 371.4(b) is amended by 

revising the definition of ‘‘Reservation’’ 

to read as follows: 

[Alternative A] 

§ 371.4 What definitions apply to this 

program? 

* * * * * 

(b) * * * 

Reservation means a Federal or State 

Indian reservation; public domain 

Indian allotment; former Indian 

reservation in Oklahoma; land held by 

incorporated Native groups, regional 

corporations, and village corporations 

under the provisions of the Alaska 

Native Claims Settlement Act; or a 

defined area of land recognized by a 

State or the Federal Government where 

there is a concentration of tribal 

members and on which the tribal 

government is providing structured 

activities and services. 

* * * * * 

[Alternative B] 

§ 371.4 What definitions apply to this 

program? 

* * * * * 

(b) * * * 

Reservation means only a Federal or 

State Indian reservation, public domain 

Indian allotment, former Indian 

reservation in Oklahoma, and land held 

by incorporated Native groups, regional 

corporations, and village corporations 

under the provisions of the Alaska 

Native Claims Settlement Act. 

* * * * * 

[FR Doc. 2014–14387 Filed 6–20–14; 8:45 am] 

BILLING CODE 4000–01–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: Proposed rule. 

SUMMARY: DoD is proposing to amend 

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: Comment date: Comments on the 

proposed rule should be submitted in 

writing to the address shown below on 

or before August 22, 2014, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2014–D011, 

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–D011’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2014– 

D011.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D011’’ on your attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2014–D011 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 

The clause at DFARS 252.225–7009, 

Restriction on Acquisition of Certain 

Articles Containing Specialty Metals, as 

prescribed at DFARS 225.7003–5(a)(2), 

implements 10 U.S.C. 2533b. This 

clause is used in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

that exceed the simplified acquisition 

threshold and require the delivery of the 

following items, if such items contain 

specialty metals: Aircraft, missile or 

space systems, ships, tank or automotive 

systems, weapon systems, or 

ammunition, and components thereof. 

Except as provided in paragraph (c) of 

the clause, any specialty metals 

incorporated in items delivered under 

the contract shall be melted or produced 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
35508 Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Proposed Rules 

in the United States, its outlying areas, 

or a qualifying country. 

DoD is proposing to revise paragraph 

(e) of this clause to clarify the 

requirement to flow this clause down to 

subcontracts. 

II. Discussion and Analysis 

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. 

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 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 is a clarification of an existing 

requirement. However, an initial 

regulatory flexibility analysis has been 

performed and is summarized as 

follows: 

The reason for issuance of this 

proposed 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. 

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 FY 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. 

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 

subcontracts per small entity, then this 

rule may apply to approximately 6,123 

small business entities subject to 

DFARS 52.225–7009. 

(1,566 × 20 = 31,320 × .35 = 10,962 × 

.5 = 5,481 small business 

subcontractors + 642 small business 

prime contractors = 6,123) 

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 

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. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD did not identify any alternatives 

to this rule that would reduce burdens 

on small entities and meet the objective 

of the rule. 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. 

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 2014–D011), in 

correspondence. 

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. 

Amy G. Williams, 

Deputy, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

proposed to be amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

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 ‘‘(DATE)’’ 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 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Proposed Rules 35509 

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. 2014–14590 Filed 6–20–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2014–0023; 

4500030113] 

Endangered and Threatened Wildlife 

and Plants; 12-Month Finding on a 

Petition To List the Humboldt Marten 

as Endangered or Threatened 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of initiation of scoping 

and request for information. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are gathering 

information to prepare a 12-month 

finding under the Endangered Species 

Act of 1973, as amended (Act), on a 

petition to list the current classification 

of Humboldt marten (Martes caurina 

humboldtensis) as an endangered or 

threatened species. We provide this 

notice to summarize the uncertainty 

regarding the subspecies taxonomic 

classification (based on current genetics 

information) and, therefore, our intent 

to conduct an evaluation of a potential 

distinct population segment (DPS) of 

martens in coastal northern California 

and coastal Oregon relative to the full 

species classification level. We will 

submit a 12-month finding on the 

petition to the Federal Register by April 

1, 2015. 

DATES: We request that we receive 

information on or before August 7, 2014. 

Information submitted electronically 

using the Federal eRulemaking Portal 

(see ADDRESSES section, below) must be 

received by 11:59 p.m. Eastern Time on 

the closing date. 

ADDRESSES: You may submit 

information by one of the following 

methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: http://

www.regulations.gov. In the Search box, 

enter FWS–R8–ES–2014–0023. You may 

submit information by clicking on 

‘‘Comment Now!’’ 

(2) By hard copy: Submit by U.S. mail 

or hand delivery to: Public Comments 

Processing, Attn: FWS–R8–ES–2014– 

0023; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We request that you send information 

only by the methods described above. 

We will post all information we receive 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Information Requested section 

below for more information). 

FOR FURTHER INFORMATION CONTACT: 

Bruce Bingham, Field Supervisor, U.S. 

Fish and Wildlife Service, Arcata Fish 

and Wildlife Office, 1655 Heindon 

Road, Arcata, CA 95521; telephone 707– 

822–7201; or facsimile 707–822–8411. 

Persons who use a telecommunications 

device for the deaf (TDD) may call the 

Federal Information Relay Service 

(FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Background 

In a petition dated September 28, 

2010 (Center for Biological Diversity 

(CBD) and Environmental Protection 

Information Center (EPIC) 2010), the 

petitioners requested that we consider 

for listing the (then-classified) 

subspecies Humboldt marten (Martes 

americana humboldtensis), or the (nowrecognized) subspecies Humboldt 

marten (M. caurina humboldtensis), or 

the Humboldt marten Distinct 

Population Segment (DPS) of the Pacific 

marten (M. caurina). The petitioners 

further stipulated that, based on recent 

genetic analyses indicating that 

populations of marten from coastal 

Oregon are more closely related to M. a. 

humboldtensis than to M. a. caurina in 

the Cascades of Oregon (citing Dawson 

2008, Slauson et al. 2009), the range of 

the subspecies or DPS of the Humboldt 

marten should be expanded to include 

coastal Oregon populations. On January 

12, 2012, we published a substantial 90- 

day finding on the petition to list the 

Humboldt marten as an endangered or 

threatened species under the Act (77 FR 

1900). For purposes of the 90-day 

finding, the common name Humboldt 

marten referred to the then-classified 

American marten (M. americana) 

populations in coastal northern 

California and coastal Oregon. 

The American marten (Martes 

americana) was originally described as 

a single species by Turton (1806; entire), 

based on specimens from eastern North 

America. In 1890, Merriam (1890; 

entire) considered a new species, M. 

caurina, as those martens found west of 

the Rocky Mountains. In 1926, the 

Humboldt [Pine] marten (M. c. 

humboldtensis) was described as a 

subspecies of M. caurina (Grinnel and 

Dixon 1926, entire); historically, this 

subspecies was distributed throughout 

the coastal, fog-influenced coniferous 

forests of northern California from 

northwestern Sonoma County north to 

the Oregon border (Grinnel and Dixon 

1926, entire). In 1953, Wright (1953; 

entire) described one species, the 

American marten (M. americana), 

which included as subspecies both the 

Humboldt [Pine] marten subspecies (M. 

a. humboldtensis), and the former 

western marten species (M. caurina), 

classified as M. a. caurina. 

As noted above, at the time of our 90- 

day finding (77 FR 1900; January 12, 

2012), the Humboldt marten was 

classified as Martes americana 

humboldtensis. Subsequently, Dawson 

and Cook (2012, entire) split the 

American marten, recognizing the 

Pacific marten (M. caurina) for all 

martens occurring west of the Rocky 

Mountain crest, based on genetic and 

morphological differences. While this 

split changed the species-level name of 

all martens occurring west of the Rocky 

Mountain crest from M. americana to M. 

caurina, subspecies epithets were not 

changed. Therefore, the current 

classification of the Humboldt marten in 

coastal northern California is M. c. 

humboldtensis, and the marten 

populations occurring in adjacent 

coastal Oregon are M. c. caurina. In 

addition, as currently recognized, 

populations of martens in the Oregon 

Cascades northward through the State of 

Washington and into British Columbia, 

Canada, are also M. c. caurina. 

Ongoing genetic research indicates 

uncertainty in the Pacific marten 

subspecies delineations in California 

and Oregon. Specifically, the best 

available data indicate that the Martes 

caurina humboldtensis population in 

coastal northern California (Humboldt, 

Siskiyou, and Del Norte Counties) and 

the two M. c. caurina populations in 

coastal Oregon (Curry, Coos, coastal 

portion of Douglas, coastal portion of 

Lane, Lincoln, and Tillamook Counties) 

may be a single evolutionary unit 

(clade) (Slauson et al. 2009, p. 1,340; 

Schwartz et al., in prep) (available for 

review at http://www.regulations.gov, 

Docket No. FWS–R8–ES–2014–0023). 

Although questions regarding the 

taxonomy of marten subspecies in 

northern California and Oregon are not 

new (i.e., both the petition we received 

(CBD and EPIC 2010) and our 90-day 

finding (January 12, 2012; 77 FR 1900) 

identified ongoing genetic research and 

taxonomic uncertainty), the best 

available information indicates that the 

original designation of two separate 

marten subspecies occurring in coastal 


pmangrum on DSK3VPTVN1PROD with PROPOSALS