11342 Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Rules and Regulations 

4. Correct 252.225–7029 clause title in 

the eCFR. 

List of Subjects in 48 CFR Parts 204, 

225, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 204, 225, and 

252 is amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 204, 225, and 252 continues to 

read as follows: 

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

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

204.1105 [Amended] 

■ 2. Section 204.1105 is amended by 

removing the word ‘‘clause’’ and adding 

the word ‘‘provision’’ in its place. 

204.7103–1 [Amended] 

■ 3. Section 204.7103–1 is amended, in 

paragraph (d), by removing ‘‘See 

204.7105(a).’’ and adding ‘‘See 

204.7105.’’ in its place. 

PART 225—AMENDED 

225.004 [Redesignated as 225.070] 

■ 4. Section 225.004 is redesignated as 

225.070 and revised to read as follows: 

225.070 Reporting of acquisition of end 

products manufactured outside the United 

States. 

Follow the procedures at PGI 225.070 

for entering the data on the acquisition 

of end products manufactured outside 

the United States. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.204–7004 [Amended] 

■ 5. Section 252.225–7004 is amended 

by— 

■ a. Removing the clause date ‘‘(MAY 

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

place. 

■ b. Removing, in paragraph (a), the 

word ‘‘clause’’ and adding the word 

‘‘provision’’ in its place. 

252.225–7029 [Amended] 

■ 6. Section 252.225–7029 clause title is 

amended by removing the word ‘‘the’’ in 

two places. 

[FR Doc. 2014–04160 Filed 2–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 206, 212, 225, and 252 

RIN 0750–AH98 

Defense Federal Acquisition 

Regulation Supplement: Acquisitions 

in Support of Operations in 

Afghanistan (DFARS Case 2013–D009) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

with changes, an interim rule amending 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement two sections of the National 

Defense Authorization Act for Fiscal 

Year 2013 that require compliance with 

domestic source restrictions in the case 

of any textile components supplied by 

DoD to the Afghan National Army or the 

Afghan National Police for purposes of 

production of uniforms, and eliminate 

the application of the enhanced 

authority to acquire products and 

services from Iraq. 

DATES: Effective February 28, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule to 

implement sections 826 and 842 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2013 (Pub. 

L. 112–239). 

Section 826 requires compliance with 

10 U.S.C. 2533a (the Berry Amendment) 

in the case of any textile components 

supplied by DoD to the Afghan National 

Army or the Afghan National Police for 

purposes of production of uniforms. The 

law further states that no exception or 

exemptions under that section shall 

apply. 

Section 842 modifies section 886 of 

the NDAA for FY 2008 (Pub. L. 110– 

181), which provided enhanced 

authority to acquire products and 

services from Iraq and Afghanistan in 

support of operations in Iraq or 

Afghanistan. Section 842 eliminates 

application of the enhanced authority to 

acquisition of products and services 

from Iraq. 

One respondent submitted a public 

comment in response to the interim 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comment in 

the development of the final rule. A 

discussion of the comment is provided 

below. No changes are made to the final 

based on this comment, however, one 

change is being made to correct the 

electronic Code of Federal Regulations. 

A. Analysis of Public Comment 

Comment: The respondent stated that 

under the interim rule, DFARS 

225.7703–4(f) and (g) state that certain 

provisions and clauses prescribed in 

DFARS subpart 225.11 should not be 

used when certain provisions and 

clauses prescribed in 225.7703–4 are 

included. The respondent asserts that 

the prescriptions for the affected 

provisions and clauses in DFARS 

subpart 225.11 should contain these 

exceptions, but do not. 

Response: Paragraphs (f) and (g) of 

DFARS 225.7703–4 were not added by 

the interim rule but were just 

redesignated from prior paragraphs (e) 

and (f). The prescriptions for the 

provisions and clauses addressed in 

225.7703–4(f) and (g) do contain the 

appropriate exceptions, which are 

summarized below. 

• 252.225–7000 is prescribed at 

225.1101(1) for use only when the 

clause at 252.225–7001 is used. 

• 252.225–7001 is prescribed at 

225.1101(2). Paragraph (i)(C) of the 

prescription provides an exception if all 

line items will be acquired using a 

procedure specified in 225.7703–1(a). 

Use of the procedures at 225.7703–1(a) 

requires use of provisions and clauses 

252.225–7023, 252.225–7024, or 

252.225–7024. 

• 252.225–7002 is prescribed at 

225.1101(3) for use only when 252.225– 

7001, 252.225–7021, or 252.225–7036 

are used. Since an exception is provided 

for the use of 252.225–7001 and 

252.225–7036 when using the 

procedures at 225.7703–1(a), and 

252.225–7021 is not included if 

252.225–7026 is included, these 

exceptions also apply to the use of 

252.225–7002. 

• 252.225–7020 is prescribed at 

225.1101((5) for use only when 

252.225–7021 is used. 

• 252.225–7021 is prescribed for use 

at 225.1101(6). Paragraph (iii)(B) of the 

prescription provides an exception if 

the clause at 252.225–7026 is included 

in the solicitation and contract. 

• 252.225–7035 is prescribed at 

225.1101((9) for use only when 

252.225–7036 is used. 

• 252.225–7036 is prescribed for use 

at 225.1101(10). Paragraph (iii)(C) of the 

prescription provides an exception if 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 40 / Friday, February 28, 2014 / Rules and Regulations 11343 

using the procedures specified in 

225.7703–1(a). 

• 252.225–7045 and 252.225–7046 

are prescribed for use at 225.7503, 

unless the entire acquisition is exempt 

from the Balance of Payments program. 

The policy at 225.7501(a)(5) exempts 

acquisitions when use of a procedure 

specified in 225.7703–1(a) is authorized 

for an acquisition in support of 

operations in Afghanistan. 

B. Other Changes 

Section 225.1101(6)(i) is being revised 

to correct the electronic Code of Federal 

Regulations. In the prescription for 

clause 252.225–7021, the phrase 

‘‘instead of the clause at FAR 52.225–5, 

Trade Agreements,’’ which had been 

inadvertently omitted, is reinstated. 

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. 601, 

et seq., and is summarized as follows: 

This rule implements sections 826 

and 842 of the National Defense 

Authorization Act for Fiscal Year 2013 

(Pub. L. 112–239). The objective of the 

rule is to (1) require compliance with 

domestic source restrictions in the case 

of any textile components supplied by 

DoD to the Afghan National Army or the 

Afghan National Police for purposes of 

production of uniforms, and (2) 

eliminate the application of the 

enhanced authority to acquire products 

and services from Iraq. The legal basis 

is the above-cited statutes. 

The number of small entities to be 

affected by the rule is not known. The 

rule has the potential to impact entities 

that manufacture textile components, if 

purchased by DoD to supply to the 

Afghan National Army or the Afghan 

National Police for purposes of 

production of uniforms. Any impact is 

expected to be beneficial, because it will 

require purchase from a domestic 

source. 

No comments were received from the 

public on the Regulatory Flexibility 

analysis. No comments were received 

from the Chief Counsel for Advocacy of 

the Small Business Administration. 

There are no projected reporting, 

recordkeeping, or other compliance 

requirements. 

DoD was unable to identify any 

significant alternatives consistent with 

the stated objectives of the statute. DoD 

does not anticipate any significant 

economic impact on small entities. Any 

impact is expected to be beneficial. 

V. Paperwork Reduction Act 

The rule contains 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); 

however, these changes to the DFARS 

do not impose additional information 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 0704–0229, 

entitled Defense Federal Acquisition 

Regulation Supplement; Part 225 and 

Related Clauses (Total approved burden 

hours—57,135). 

List of Subjects in 48 CFR Parts 206, 

212, 225, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD amends 48 CFR parts 

206, 212, 225, and 252 as follows: 

PART 225–FOREIGN ACQUISITION 

■ 1. The authority citation for part 225 

continues to read as follows: 

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

Chapter 1. 

225.1101 [Amended] 

■ 2. Section 225.1101(6)(i) is amended 

by removing ‘‘Use the clause at 

252.225–7021, Trade Agreements, in 

solicitations and contracts,’’ and adding 

in its place ‘‘Use the clause at 252.225– 

7021, Trade Agreements, instead of the 

clause at FAR 52.225–5, Trade 

Agreements, in solicitations and 

contracts,’’. 

[FR Doc. 2014–04152 Filed 2–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 130822744–4144–02] 

RIN 0648–BD63 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Change to Start of Pacific Sardine 

Fishing Year 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

change the starting date of the annual 

Pacific sardine fishery from January 1 to 

July 1. This changes the annual fishing 

season from one based on the calendar 

year to one based on a July 1 through 

the following June 30th schedule. No 

other changes to the annual allocation 

structure are being made and the 

existing seasonal allocation percentages 

will remain as specified in the FMP, as 

would the current quota roll-over 

provisions. This rule also establishes a 

one-time interim harvest allocation 

period from January 1, 2014 through 

June 30, 2014 to allow for continued 

fishing during the transition from a 

January to July start of the fishing 

season. The purpose of this final rule is 

to better align the timing of the research 

and science that is used in the annual 

stock assessments with the annual 

management schedule. To enable this 

transition in fishing years, this action 

also establishes a one-time interim 

harvest period for the 6 months from 

January 1, 2014, through June 30, 2014. 

DATES: Effective March 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, West Coast Region, 

NMFS, (562) 980–4034. 

SUPPLEMENTARY INFORMATION: This final 

rule changes the start date of the 12- 

month Pacific sardine fishery from 

January 1 to July 1, thus changing the 

fishing season for Pacific sardine from 

one based on the calendar year to one 

beginning on July 1 and continuing 

through June 30th of the following year. 

The purpose of this change is to better 

align the timing of the research and 

science used in the annual stock 

assessments with the annual 

management schedule, as the present 

schedule imposes substantial challenges 

in terms of survey data availability 

relative to the timing of stock 

assessments. 


emcdonald on DSK67QTVN1PROD with RULES