65592 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 

generally provides that before certain 

actions may take effect, the agency 

promulgating the action must submit a 

report, which includes a copy of the 

action, to each House of the Congress 

and to the Comptroller General of the 

United States. Because this action does 

not contain legally binding 

requirements, it is not subject to the 

Congressional Review Act. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: October 28, 2014. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for Part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

§ 300.4 [Amended] 

■ 2. Amend § 300.4, paragraph (b), by 

adding in alphabetical order the term 

‘‘SEMS—Superfund Enterprise 

Management System’’. 

■ 3. Amend § 300.5 by revising the 

definition ‘‘CERCLIS’’ and adding in 

alphabetical order the definition 

‘‘SEMS’’ to read as follows: 

§ 300.5 Definitions. 

* * * * * 

CERCLIS was the abbreviation for the 

CERCLA Information System. This 

system has been retired and has been 

replaced with SEMS, the Superfund 

Enterprise Management System. 

* * * * * 

SEMS is the abbreviation for the 

Superfund Enterprise Management 

System. SEMS is EPA’s comprehensive 

data management system that 

inventories and tracks information 

about releases addressed or needing to 

be addressed by the CERCLA Superfund 

program. SEMS consolidates legacy 

systems including CERCLIS into a single 

integrated platform. SEMS contains 

information for potential and confirmed 

hazardous waste sites addressed under 

the Superfund remedial and removal 

programs. SEMS includes sites in the 

active site inventory and archived sites. 

The active site inventory includes sites 

on the NPL, and sites not on the NPL 

where site assessment, removal, 

remedial, enforcement, cost recovery, or 

oversight activities are being planned or 

conducted. Archived sites include nonNPL sites that were formerly in the 

active site inventory which have no 

further site assessment, removal, 

remedial, enforcement, cost recovery or 

oversight needed under the Federal 

Superfund program based on available 

information. New information may 

warrant return of an archive site to the 

active inventory. Inclusion of a specific 

site or area in SEMS does not represent 

a determination of any party’s liability, 

nor does it represent a finding that any 

response action is necessary.’’ 

* * * * * 

■ 4. Amend § 300.420 by revising 

paragraph (b)(1) introductory text to 

read as follows: 

§ 300.420 Remedial site evaluation. 

* * * * * 

(b) Remedial preliminary assessment. 

(1) The lead agency shall perform a 

remedial PA on all sites entered into the 

SEMS remedial assessment active 

inventory as defined in § 300.5 to: 

* * * * * 

[FR Doc. 2014–26160 Filed 11–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 217, 234, 237, and 252 

RIN 0750–AI27 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Special Contracting 

Methods, Major System Acquisition, 

and Service Contracting (DFARS Case 

2014–D004) 

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 revise and update clauses 

and their prescriptions for special 

contracting methods, major system 

acquisition, and service contracting to 

create basic and alternate clauses 

structured in a manner to facilitate use 

of automated contract writing systems. 

The rule also includes the full text of 

each alternate, rather than only showing 

the paragraphs that differ from the basic 

clause. 

DATES: Effective November 5, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Janetta Brewer, telephone 571–372– 

6104. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 79 FR 30535 on May 

28, 2014, to revise provisions and 

clauses with alternates and the 

associated prescriptions, in order to 

clarify usage and facilitate the use of 

automated contract writing systems. No 

respondents submitted comments in 

response to the proposed rule, and no 

changes were made from the proposed 

rule in the final rule. 

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 

A final regulatory flexibility analysis 

has been prepared consistent with the 

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

et seq., and is summarized as follows: 

The purpose of this case is to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

create unique prescriptions for the basic 

version and each alternate of DFARS 

parts 217, 234, and 237 solicitations 

provisions and clauses, and to include 

the full text of each clause alternate. 

The use of unique prescriptions for 

the basic version and each alternate of 

DFARS solicitations provisions and 

clauses will facilitate use of automated 

contract writing systems. The current 

convention requires the prescription for 

the basic provision or clause to address 

all the possibilities covered by the 


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Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 65593 

alternates, and then the prescription for 

each alternate addresses only what is 

different for the use of that particular 

alternate. This rule revises the 

prescriptions so that the basic 

solicitation provision or clause and each 

alternate is unique and stands on its 

own. The prescriptions are not revised 

in any way to change when they are 

applicable to offerors, contractors, or 

subcontractors. 

Additionally, the inclusion of the full 

text of each provision or clause alternate 

aims to make the terms of a provision 

or clause alternate clearer to offerors, as 

well as to DoD contracting officers. 

Instead of the current convention for 

alternates to show only paragraphs 

changed from the basic version of the 

provision or clause, this rule proposes 

to include the full text of each version 

of the clause. This will assist in making 

the terms of the clause clearer, because 

all paragraph substitutions will have 

already been made. Inapplicable 

paragraphs from the basic version of the 

clause that are superseded by the 

alternate are not included in the 

solicitation or contract to prevent 

confusion. 

According to the Federal Procurement 

Data System, in fiscal year 2012, DoD 

made approximately 270,000 contract 

awards (not including modification and 

orders) that exceeded the micropurchase threshold, of which 

approximately 180,000 (67%) were 

awarded to small businesses. It is 

unknown how many of these contracts 

were awarded that included an alternate 

to a DFARS provision or clause. This 

rule may result in potential offerors, 

including small businesses, expending 

more time to become familiar with and 

to understand the new format of the 

clause alternates in full text contained 

in contracts issued by any DoD 

contracting activity. The rule also 

anticipates saving contractors time by 

making all paragraph substitutions from 

the basic version of the clause, and not 

requiring the contractors to read 

inapplicable paragraphs contained in 

the basic version of the clause where 

alternates are also included in the 

solicitations and contracts. The overall 

burden caused by this rule is expected 

to be negligible and will not be any 

greater on small businesses than it is on 

large businesses. 

No comments were received in 

response to the initial regulatory 

flexibility analysis. 

This rule does not add any new 

reporting or recordkeeping 

requirements. The rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. No alternatives were 

identified that will accomplish the 

objectives of the rule. 

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 217, 

234, 237, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 217, 234, 237, 

and 252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 217, 234, 237, and 252 continues 

to read as follows: 

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

chapter 1. 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 2. In section 217.208–70, revise 

paragraph (a) to read as follows: 

217.208–70 Additional clauses. 

(a) Use the basic or the alternate of the 

clause at 252.217–7000, Exercise of 

Option to Fulfill Foreign Military Sales 

Commitments, in solicitations and 

contracts when an option may be used 

for foreign military sales requirements. 

Do not use the basic or the alternate of 

this clause in contracts for 

establishment or replenishment of DoD 

inventories or stocks, or acquisitions 

made under DoD cooperative logistics 

support arrangements. 

(1) Use the basic clause when the 

foreign military sales country is known 

at the time of solicitation or award. 

(2) Use the alternate I clause when the 

foreign military sale country is not 

known at the time of solicitation or 

award. 

* * * * * 

PART 234—MAJOR SYSTEM 

ACQUISITION 

■ 3. Revise section 234.7101 to read as 

follows: 

234.7101 Solicitation provision and 

contract clause. 

(a) Use the basic or the alternate of the 

provision at 252.234–7003, Notice of 

Cost and Software Data Reporting 

System, in any solicitation that includes 

the basic or the alternate of the clause 

at 252.234–7004, Cost and Software 

Data Reporting. 

(1) Use the basic provision when the 

solicitation includes the clause at 

252.234–7004, Cost and Software Data 

Reporting—Basic. 

(2) Use the alternate I provision when 

the solicitation includes the clause at 

252.234–7004, Cost and Software Data 

Reporting—Alternate I. 

(b) Use the basic or the alternate of the 

clause at 252.234–7004, Cost and 

Software Data Reporting System, in 

solicitations that include major defense 

acquisition programs or major 

automated information system programs 

as follows: 

(1) Use the basic clause in 

solicitations and contracts for major 

defense acquisition programs or major 

automated information system programs 

that exceed $50 million. 

(2) Use the alternate I clause in 

solicitations and contracts for major 

defense acquisition programs or major 

automated information system programs 

with a value equal to or greater than $20 

million, but less than or equal to $50 

million, when so directed by the 

program manager with the approval of 

the OSD Deputy Director, Cost 

Assessment. 

PART 237—SERVICE CONTRACTING 

■ 4. In section 237.7003, revise 

paragraph (a) to read as follows: 

237.7003 Solicitation provisions and 

contract clauses. 

(a) Use the basic or the alternate of the 

provision at 252.237–7002, Award to 

Single Offeror, in solicitations and 

contracts for mortuary services. 

(1) Use the basic provision in all 

sealed bid solicitations for mortuary 

services. 

(2) Use the alternate I provision in all 

negotiated solicitations for mortuary 

services. 

* * * * * 

■ 5. In section 237.7101, revise 

paragraph (e) to read as follows: 

237.7101 Solicitation provisions and 

contract clauses. 

* * * * * 

(e) Use the basic or an alternate of the 

clause at 252.237–7016, Delivery 

Tickets, in all solicitations and contracts 

for laundry and dry cleaning services. 

(1) Use the basic clause when services 

are not to be provided on a bulk weight 

basis. 

(2) Use the alternate I clause when 

services are for bag type laundry to be 

provided on a bulk weight basis. 

(3) Use the alternate II clause when 

services are unsorted laundry to be 

provided on a bulk weight basis. 

* * * * * 


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65594 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 6. Amend section 252.217–7000 by— 

■ a. Revising the introductory text, 

clause title, and date; 

■ b. Amending paragraph (b) by 

removing ‘‘(Insert name of country, or 

To Be Determined)’’ and adding ‘‘(Insert 

name of country)’’ in its place; and 

■ b. Revising Alternate I. 

The revisions read as follows: 

252.217–7000 Exercise of option to fulfill 

foreign military sales commitments. 

As prescribed in 217.208–70(a), use 

one of the following clauses: 

Basic. As prescribed in 217.208– 

70(a)(1), use the following clause: 

EXERCISE OF OPTION TO FULFILL 

FOREIGN MILITARY SALES 

COMMITMENTS—BASIC (NOV 2014) 

* * * * * 

Alternate I. As prescribed in 217.208– 

70(a)(2), use the following clause, which 

uses a different paragraph (b) than 

paragraph (b) of the basic clause: 

EXERCISE OF OPTION TO FULFILL 

FOREIGN MILITARY SALES 

COMMITMENTS—ALTERNATE I 

(NOV 2014) 

(a) The Government may exercise the 

option(s) of this contract to fulfill foreign 

military sales commitments. 

(b) On the date the option is exercised, the 

Government shall identify the foreign 

country for the purpose of negotiating any 

equitable adjustment attributable to foreign 

military sales. Failure to agree on an 

equitable adjustment shall be treated as a 

dispute under the Disputes clause of this 

contract. 

End of clause 

■ 7. Amend section 252.234–7003 by— 

■ a. Revising the introductory text, 

provision title, and date; 

■ b. In paragraph (b) introductory text 

removing ‘‘offeror’’ and adding 

‘‘Offeror’’ in its place; and 

■ c. Revising Alternate I. 

The revisions read as follows: 

252.234–7003 Notice of Cost and Software 

Data Reporting System. 

As prescribed in 234.7101(a), use one 

of the following provisions: 

Basic. As prescribed in 234.7101(a)(1), 

use the following provision: 

NOTICE OF COST AND SOFTWARE 

DATA REPORTING SYSTEM—BASIC 

(NOV 2014) 

* * * * * 

Alternate I. As prescribed in 

234.7101(a)(2), use the following 

provision, which uses a different 

paragraph (c) than the basic provision: 

NOTICE OF COST AND SOFTWARE 

DATA REPORTING SYSTEM— 

ALTERNATE I (NOV 2014) 

(a) This solicitation includes— 

(1) The Government-approved cost and 

software data reporting (CSDR) plan for the 

contract, DD Form 2794; and 

(2) The related Resource Distribution 

Table. 

(b) As part of its proposal, the Offeror 

shall— 

(1) Describe the process to be used to 

satisfy the requirements of the DoD 5000.04– 

M–1, CSDR Manual, and the Governmentapproved CSDR plan for the proposed 

contract; 

(2) Demonstrate how contractor cost and 

data reporting (CCDR) will be based, to the 

maximum extent possible, upon actual cost 

transactions and not cost allocations; 

(3) Demonstrate how the data from its 

accounting system will be mapped into the 

standard reporting categories required in the 

CCDR data item descriptions; 

(4) Describe how recurring and 

nonrecurring costs will be segregated; 

(5) Provide comments on the adequacy of 

the CSDR contract plan and related Resource 

Distribution Table; and 

(6) Submit the DD Form 1921, Cost Data 

Summary Report, and DD Form 1921–1, 

Functional Cost-Hour Report, with its pricing 

proposal. 

(c) CSDR reporting will be required for 

subcontractors for selected subcontracts 

identified in the CSDR contract plan as 

requiring such reporting. The offeror shall 

identify, by providing comments on the 

Resource Distribution Table, the 

subcontractors, or, if the subcontractors have 

not been selected, the subcontracted effort. 

(End of provision) 

■ 8. Amend section 252.234–7004 by— 

■ a. Revising the introductory text, 

clause title, and date; and 

■ b. Revising Alternate I. 

The revisions read as follows: 

252.234–7004 Cost and Software Data 

Reporting System. 

As prescribed in 234.7101(b), use one 

of the following clauses: 

Basic. As prescribed at 234.7101(b)(1), 

use the following clause: 

COST AND SOFTWARE DATA 

REPORTING SYSTEM—BASIC (NOV 

2014) 

* * * * * 

Alternate I. As prescribed in 

234.7101(b)(2), use the following clause, 

which uses a different paragraph (b) 

than the basic clause: 

COST AND SOFTWARE DATA 

REPORTING SYSTEM—ALTERNATE I 

(NOV 2014) 

(a) In the performance of this contract, the 

Contractor shall use— 

(1) A documented standard cost and 

software data reporting (CSDR) process that 

satisfies the guidelines contained in the DoD 

5000.04–M–1, CSDR Manual; 

(2) Management procedures that provide 

for generation of timely and reliable 

information for the contractor cost data 

reports (CCDRs) and software resources data 

reports (SRDRs) required by the CCDR and 

SRDR data items of this contract; and 

(3) The Government-approved CSDR plan 

for this contract, DD Form 2794, and the 

related Resource Distribution Table as the 

basis for reporting in accordance with the 

required CSDR data item descriptions (DIDs). 

(b) The Contractor shall require CSDR 

reporting from selected subcontractors 

identified in the CSDR contract plan as 

requiring such reporting. If the Contractor 

changes subcontractors or makes new awards 

for selected subcontract effort, the Contractor 

shall notify the Government. 

(End of clause) 

■ 9. Amend section 252.237–7002 by— 

■ a. Revising the introductory text, 

provision title, and date; and 

■ b. Revising Alternate I. 

The revisions read as follows: 

252.237–7002 Award to single offeror. 

As prescribed in 237.7003(a), use one 

of the following provisions: 

Basic. As prescribed in 237.7003(a)(1), 

use the following provision: 

AWARD TO SINGLE OFFEROR— 

BASIC (NOV 2014) 

* * * * * 

Alternate I. As prescribed in 

237.7003(a)(2), use the following 

provision, which uses a different 

paragraph (d) than the basic provision: 

AWARD TO SINGLE OFFEROR— 

ALTERNATE I (NOV 2014) 

(a) Award shall be made to a single offeror. 

(b) Offerors shall include unit prices for 

each item. Failure to include unit prices for 

each item will be cause for rejection of the 

entire offer. 

(c) The Government will evaluate offers on 

the basis of the estimated quantities shown. 

(d) Award will be made to that responsive, 

responsible offeror whose total aggregate 

offer is in the best interest of the 

Government. 

(End of provision) 

■ 10. Amend section 252.237–7016 by— 

■ a. Revising the introductory text, 

clause title, and date; and 

■ b. Revising Alternates I and II. 

252.237–7016 Delivery tickets. 

As prescribed in 237.7101(e), use one 

of the following clauses: 

Basic. As prescribed in 237.7101(e)(1), 

use the following clause: 

DELIVERY TICKETS—BASIC (NOV 

2014) 

* * * * * 

Alternate I. As prescribed in 

237.7101(e)(2), use the following clause, 

which includes paragraphs (c), (d), and 

(e) not included in the basic clause: 


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Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations 65595 

DELIVERY TICKETS—ALTERNATE I 

(NOV 2014) 

(a) The Contractor shall complete delivery 

tickets in the number of copies required and 

in the form approved by the Contracting 

Officer, when it receives the articles to be 

serviced. 

(b) The Contractor shall include one copy 

of each delivery ticket with its invoice for 

payment. 

(c) Before the Contractor picks up articles 

for service under this contract, the 

Contracting Officer will ensure that— 

(1) Each bag contains only articles within 

a single bag type as specified in the schedule; 

and 

(2) Each bag is weighed and the weight and 

bag type are identified on the bag. 

(d) The Contractor shall, at time of 

pickup— 

(1) Verify the weight and bag type and 

record them on the delivery ticket; and 

(2) Provide the Contracting Officer, or 

representative, a copy of the delivery ticket. 

(e) At the time of delivery, the Contractor 

shall record the weight and bag type of 

serviced laundry on the delivery ticket. The 

Contracting Officer will ensure that this 

weight and bag type are verified at time of 

delivery. 

(End of clause) 

Alternate II. As prescribed in 

237.7101(e)(3), use the following clause, 

which includes paragraphs (c), (d), and 

(e) not included in the basic clause: 

DELIVERY TICKETS—ALTERNATE II 

(NOV 2014) 

(a) The Contractor shall complete delivery 

tickets in the number of copies required and 

in the form approved by the Contracting 

Officer, when it receives the articles to be 

serviced. 

(b) The Contractor shall include one copy 

of each delivery ticket with its invoice for 

payment. 

(c) Before the Contractor picks up articles 

for service under this contract, the 

Contracting Officer will ensure that each bag 

is weighed and that the weight is identified 

on the bag. 

(d) The Contractor, at time of pickup, shall 

verify and record the weight on the delivery 

ticket and shall provide the Contracting 

Officer, or representative, a copy of the 

delivery ticket. 

(e) At the time of delivery, the Contractor 

shall record the weight of serviced laundry 

on the delivery ticket. The Contracting 

Officer will ensure that this weight is verified 

at time of delivery. 

(End of clause) 

[FR Doc. 2014–26179 Filed 11–4–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 21 

[Docket No. FWS–R9–MB–2012–0027; 

FF09M29000–145–FXMB1232090000] 

RIN 1018–AY60 

Migratory Bird Permits; Removal of 

Yellow-billed Magpie and Other 

Revisions to Depredation Order 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), change the 

regulations governing control of 

depredating blackbirds, cowbirds, 

grackles, crows, and magpies. The 

yellow-billed magpie (Pica nuttalli) is 

endemic to California and has suffered 

substantial population declines. It is a 

species of conservation concern. We 

remove the species from the 

depredation order. A depredation 

permit will be necessary to control the 

species. We also narrow the application 

of the regulation from protection of any 

wildlife to protection of species 

recognized by the Federal Government, 

a State, or a Tribe as an endangered, 

threatened, or candidate species, or a 

species of special concern. We add 

conditions for live trapping, which are 

new to the regulation. Finally, we refine 

the reporting requirement to gather data 

more useful in assessing actions under 

the order. 

DATES: This rule is effective December 5, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

George Allen, 703–358–1825. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The U.S. Fish and Wildlife Service is 

the Federal agency delegated the 

primary responsibility for managing 

migratory birds. This delegation is 

authorized by the Migratory Bird Treaty 

Act (MBTA) (16 U.S.C. 703 et seq.), 

which implements conventions with 

Great Britain (for Canada), Mexico, 

Japan, and the Russian Federation 

(formerly the Soviet Union). We 

implement the provisions of the MBTA 

through regulations in parts 10, 13, 20, 

21, and 22 of the Code of Federal 

Regulations (CFR). Regulations 

pertaining to migratory bird permits are 

at 50 CFR 21; subpart D of part 21 

contains regulations for the control of 

depredating birds. 

A depredation order allows the take of 

specific species of migratory birds for 

specific purposes without need for a 

depredation permit. The depredation 

order for blackbirds, cowbirds, grackles, 

crows, and magpies (50 CFR 21.43) 

allows take when individuals of an 

included species are found ‘‘committing 

or about to commit depredations upon 

ornamental or shade trees, agricultural 

crops, livestock, or wildlife, or when 

concentrated in such numbers and 

manner that they are a health hazard or 

other nuisance.’’ 

We established the depredation order 

for blackbirds and grackles in 1949 (14 

FR 2446; May 11, 1949). The regulation 

specified that take of birds under the 

order was to protect agricultural crops 

and ornamental or shade trees. We 

added cowbirds to that depredation 

order in 1958 (23 FR 5481; July 18, 

1958). In 1972, we added magpies, 

crows, and horned owls to the 

depredation order, and we expanded the 

order to cover depredations on livestock 

or wildlife or ‘‘when [the birds included 

in the order are] concentrated in such 

numbers and manner as to constitute a 

health hazard or other nuisance’’ (37 FR 

9223; May 6, 1972). We removed horned 

owls from the order in 1973 (38 FR 

15448; June 12, 1973), and we removed 

the tri-colored blackbird (Agelaius 

tricolor) in 1989 (54 FR 47524; 

November 15, 1989). 

From 1989 until 2010, the 

depredation order at 50 CFR 21.43 

pertained to ‘‘yellow-headed, redwinged, rusty, and Brewer’s blackbirds, 

cowbirds, all grackles, crows, and 

magpies.’’ On December 8, 2008 (73 FR 

74447), we proposed ‘‘to make the list 

of species to which the depredation 

order applies more precise by listing 

each species that may be controlled 

under the order.’’ We issued a final rule 

on December 2, 2010 (75 FR 75153), 

which became effective on January 3, 

2011, that revised 50 CFR 21.43 to 

include four species of grackles; three 

species each of blackbirds, cowbirds, 

and crows; and two species of magpies, 

including the yellow-billed magpie. 

II. Changes to the Depredation Order 

On May 13, 2013, we published a 

proposed rule to further revise the 

depredation order (78 FR 27930), in 

which we proposed changes to the 

regulation as outlined below. 

Removal of the Yellow-billed Magpie 

The yellow-billed magpie (Pica 

nuttalli) is an endemic species of 

California. It is found ‘‘primarily in the 

Central Valley, the southern Coast 

Ranges, and the foothills of the Sierra 

Nevada,’’ and is an ‘‘integral part of the 

oak savannah avifauna’’ in California 

(Koenig and Reynolds, 2009). 


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