Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Proposed Rules 37473 

203.900 Scope of subpart. 

This subpart implements 10 U.S.C. 

2409 and section 883 of the National 

Defense Authorization Act for Fiscal 

Year 2021 (Pub. L. 116–283). 

(a)(i) 10 U.S.C. 2409 provides DoD 

whistleblower protection policies and 

procedures for contractor employees. 

Use sections 203.901 through 203.906 of 

this subpart in lieu of FAR sections 

3.901 through 3.906 to implement 10 

U.S.C. 2409. 

(ii) 10 U.S.C. 2409 does not apply to 

any element of the intelligence 

community, as defined in 50 U.S.C. 

3003(4). Sections 203.901 through 

203.906 do not apply to any disclosure 

made by an employee of a contractor or 

subcontractor of an element of the 

intelligence community if such 

disclosure— 

(A) Relates to an activity or an 

element of the intelligence community; 

or 

(B) Was discovered during contract or 

subcontract services provided to an 

element of the intelligence community. 

(c) Section 883 of the National 

Defense Authorization Act for Fiscal 

Year 2021 (Pub. L. 116–283) prohibits 

the award of a DoD contract to 

contractors that require their employees 

to sign internal confidentiality 

agreements or statements that would 

prohibit or otherwise restrict such 

employees from lawfully reporting 

waste, fraud, or abuse related to the 

performance of a DoD contract to a 

designated investigative or law 

enforcement representative within DoD 

authorized to receive such information. 

■ 3. Add sections 203.909 and 203.909– 

3 to read as follows: 

203.909 Prohibition on providing funds to 

an entity that requires certain internal 

confidentiality agreements or statements. 

203.909–3 Solicitation provision and 

contract clause. 

Use the provision at FAR 52.203–18, 

Prohibition on Contracting with Entities 

That Require Certain Internal 

Confidentiality Agreements or 

Statements—Representation, and the 

clause at FAR 52.203–19, Prohibition on 

Requiring Certain Internal 

Confidentiality Agreements or 

Statements, prescribed at FAR 3.909–3 

to implement section 883 of the 

National Defense Authorization Act for 

Fiscal Year 2021. 

■ 4. Revise section 203.970 to read as 

follows: 

203.970 Contract clause. 

Use the clause at 252.203–7002, 

Requirement to Inform Employees of 

Whistleblower Rights, in all 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 5. The authority citation for part 212 

continues to read as follows: 

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

chapter 1. 

■ 6. Amend section 212.301 by— 

■ a. Redesignating paragraphs (f)(i)(C) 

and (D) as paragraphs (f)(i)(D) and (E); 

and 

■ b. Adding a new paragraph (f)(i)(C) to 

read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

* * * * * 

(f) * * * 

(i) * * * 

(C) Use the clause at 252.203–7002, 

Requirement to Inform Employees of 

Whistleblower Rights, as prescribed in 

203.970, to comply with 10 U.S.C. 2409. 

* * * * * 

[FR Doc. 2022–13369 Filed 6–22–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 213, 229, 232, and 252 

[Docket DARS–2022–0014] 

RIN 0750–AL51 

Defense Federal Acquisition 

Regulation Supplement: Reporting Tax 

Information on Certain Foreign 

Procurements (DFARS Case 2021– 

D029) 

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 

allow for the efficient and accurate 

identification of contracts subject to 

excise tax withholding. DoD is also 

proposing to prohibit use of the 

Governmentwide commercial purchase 

card as a method of payment when the 

tax on certain foreign procurements 

applies. These changes will promote the 

efficient administration of the excise 

tax. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

August 22, 2022, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2021–D029, 

using any of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

‘‘DFARS Case 2021–D029’’ in the search 

box and select ‘‘Search.’’ Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

your name, company name (if any), and 

‘‘DFARS Case 2021–D029’’ on any 

attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2021–D029 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: 

David E. Johnson, telephone 202–913– 

5764. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to allow for the accurate identification 

of contracts subject to excise tax 

withholding, as well as the proper 

identification of those contracts for 

which the contractor claimed a full 

exemption from the tax. Section 301 of 

the James Zadroga 9/11 Health and 

Compensation Act of 2010 (Pub. L. 111– 

347), codified at 26 U.S.C. 5000C, 

imposes a two-percent excise tax on 

specified Federal procurement 

payments to certain foreign persons; it 

does not apply to payments to United 

States persons. With certain exceptions, 

to administer this tax DoD must 

withhold an amount equal to two 

percent of the amount of specified 

Federal procurement payments. 

Federal Acquisition Regulation (FAR) 

solicitation provision 52.229–11, Tax on 

Certain Foreign Procurements—Notice 

and Representation, provides offerors an 

opportunity to claim a full exemption 

from the tax at the time of their offer. 

The proposed DFARS contract clause 

252.229–70XX, Full Exemption from 

Two-Percent Excise Tax on Certain 

Foreign Procurements, is needed 

because presently no guidance, 

requirement, or mechanism exists to 

document an offeror’s claim of full 

exemption from the tax. 

Currently, the contract clause at FAR 

52.229–12, Tax on Certain Foreign 


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37474 Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Proposed Rules 

Procurements, requires the DoD 

payment office to withhold the twopercent excise tax if the contractor does 

not submit an Internal Revenue Service 

(IRS) Form W–14, Certificate of Foreign 

Contracting Party Receiving Federal 

Procurement Payments, with each 

invoice. However, if the contractor 

claimed a full exemption at the time of 

its offer, then the contractor is not 

required to submit IRS Form W–14 with 

each invoice. Accordingly, the DoD 

payment systems and networks may 

erroneously withhold the tax if the 

contractor’s full exemption that was 

claimed at the time of its offer is not 

documented in the contract. Inclusion 

of the proposed clause at DFARS 

252.229–70XX will ensure the DoD 

payment office and other DoD 

organizations are aware of contractors 

claiming a full exemption at the time of 

contract award. 

DoD is also proposing to prohibit use 

of the Governmentwide commercial 

purchase card (GCPC) as a method of 

payment on contracts subject to the twopercent excise tax. When the GCPC is 

used as a method of payment, a third 

party, i.e., the bank that issued the 

GCPC, and not the DoD payment office, 

processes the payment to the contractor. 

In this situation, the Government lacks 

a mechanism to withhold the tax prior 

to the contractor being paid. 

This proposed rule is intended to 

promote efficient administration of the 

two-percent excise tax. It does not 

impose a new requirement or burden on 

contractors or the public. Rather, this 

proposed rule likely benefits contractors 

by minimizing the likelihood of 

erroneous withholding of the twopercent excise tax. 

II. Discussion and Analysis 

This proposed rule applies to Federal 

Government contracts that include FAR 

clause 52.229–12, that are valued over 

$250,000, and that are awarded to 

foreign persons for goods or services, if 

the goods are manufactured or produced 

or the services are provided in any 

country that is not a party to an 

international procurement agreement 

with the United States (see FAR 25.003 

for the definitions of ‘‘World Trade 

Organization Government Procurement 

Agreement (WTO GPA) country’’ and 

‘‘Free Trade Agreement country’’). FAR 

29.402–3(b) requires FAR clause 

52.229–12 to be included in 

solicitations in which FAR provision 

52.229–11 is included and in the 

resulting contract when the contractor 

represented that it is a foreign person. 

Paragraph (d)(2) of FAR provision 

52.229–11 allows the offeror to claim 

either a ‘‘full exemption’’ or a ‘‘partial 

or no exemption’’ from the excise tax. 

However, in accordance with FAR 

29.402–3, FAR 52.229–12 will be 

included in the resulting contract where 

the offeror had indicated that it is a 

foreign person, regardless of whether 

the offeror may have claimed a full 

exemption as part of their offer. 

The DoD finance and accounting 

systems utilize the presence of various 

FAR clauses in contracts to determine 

entitlement to payment, including 

required offsets and withholds. 

However, the presence or absence of 

FAR 52.229–12 in contracts does not in 

itself allow DoD payment systems or 

networks to determine whether 

withholding the two-percent excise tax 

is correct for a given contract or whether 

a contractor had claimed a full 

exemption in their initial offer. 

The proposed clause at DFARS 

252.229–70XX, by its inclusion in the 

contract, will provide for a simple and 

efficient method for contracting officers 

to alert the DoD payment systems and 

networks that a contractor claimed a full 

exemption in its offer, thereby 

preventing erroneous withholding of the 

two-percent excise tax. This clause 

would also complement FAR 52.229–12 

in applicable contracts where FAR 

52.229–12 requires contractors to notify 

contracting officers of a change in 

circumstances concerning the full 

exemption during the performance of 

the contract, causing the contractor to be 

subject to the tax. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT) and for Commercial 

Services and Commercial Products, 

Including Commercially Available Offthe-Shelf (COTS) Items 

This rule proposes to create a new 

DFARS clause 252.229–70XX, Full 

Exemption from Two-Percent Excise 

Tax on Certain Foreign Procurements, to 

implement section 301 of the James 

Zadroga 9/11 Health and Compensation 

Act of 2010 (Pub. L. 111–347), codified 

at 26 U.S.C. 5000C. The clause at 

DFARS 252.229–70XX is prescribed at 

DFARS 229.402–70(k) for use in 

contracts that include the clause at FAR 

52.229–12, Tax on Certain Foreign 

Procurements, for which the contractor 

represented in its offer that it is a 

foreign person and is fully exempt from 

the tax for reasons cited on their IRS 

Form W–14. FAR 52.229–12 is used 

when FAR 52.229–11, Tax on Certain 

Foreign Procurements—Notice and 

Representation, is used; and FAR 

52.229–11 does not apply to 

acquisitions that do not exceed the 

simplified acquisition threshold. 

Accordingly, DoD does not intend to 

apply the rule to acquisitions at or 

below the SAT but does intend to apply 

the rule to the acquisition of commercial 

services and commercial products, 

including COTS items. 

A. Applicability to Contracts at or Below 

the Simplified Acquisition Threshold 

41 U.S.C. 1905 governs the 

applicability of laws to contracts or 

subcontracts in amounts not greater 

than the simplified acquisition 

threshold. It is intended to limit the 

applicability of laws to such contracts or 

subcontracts. 41 U.S.C. 1905 provides 

that if a provision of law contains 

criminal or civil penalties, or if the 

Federal Acquisition Regulatory Council 

makes a written determination that it is 

not in the best interest of the Federal 

Government to exempt contracts or 

subcontracts at or below the SAT, the 

law will apply to them. The Principal 

Director, Defense Pricing and 

Contracting (DPC), is the appropriate 

authority to make comparable 

determinations for regulations to be 

published in the DFARS, which is part 

of the FAR system of regulations. DoD 

does not intend to make that 

determination. Therefore, this rule will 

not apply at or below the SAT. 

B. Applicability to Contracts for the 

Acquisition of Commercial Services and 

Commercial Products Including COTS 

Items 

10 U.S.C. 3452 (previously 10 U.S.C. 

2375) exempts contracts and 

subcontracts for the acquisition of 

commercial products, including COTS 

items, and commercial services from 

provisions of law enacted after October 

13, 1994, unless the Under Secretary of 

Defense for Acquisition and 

Sustainment (USD(A&S)) makes a 

written determination that it would not 

be in the best interest of DoD to exempt 

contracts for the procurement of 

commercial products and commercial 

services from the applicability of the 

provision or contract requirement, 

except for a provision of law that— 

• Provides for criminal or civil 

penalties; 

• Requires that certain articles be 

bought from American sources pursuant 

to 10 U.S.C. 4862 (previously 10 U.S.C. 

2533c), or that strategic materials 

critical to national security be bought 

from American sources pursuant to 10 

U.S.C. 4863 (previously 10 U.S.C. 

2533b); or 

• Specifically refers to 10 U.S.C. 3452 

and states that it shall apply to contracts 

and subcontracts for the acquisition of 

commercial products (including COTS 

items) and commercial services; or 


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Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Proposed Rules 37475 

• USD(A&S) determines in writing 

that it would not be in the best interest 

of the Government to exempt contracts 

or subcontracts for the acquisition of 

commercial products or commercial 

services from the applicability of the 

provision or contract clause 

requirement. 

Section 301 of the James Zadroga 9/ 

11 Health and Compensation Act of 

2010 (Pub. L. 111–347), codified at 26 

U.S.C. 5000C and implemented by this 

rule, does not impose criminal or civil 

penalties; does not require purchase 

pursuant to 10 U.S.C. 4862 or 4863; and 

does not refer to 10 U.S.C. 3452. Section 

301 will not apply to the acquisition of 

commercial services or commercial 

products including COTS items unless a 

written determination is made. Due to 

delegations of authority from 

USD(A&S), the Principal Director, DPC, 

is the appropriate authority to make the 

written determination. DoD intends to 

make that determination to apply this 

rule to the acquisition of commercial 

services and commercial products 

including COTS items, if otherwise 

applicable. 

C. Determination 

The proposed clause at 252.229–70XX 

is intended to provide a simple and 

efficient way for contracting officers to 

alert the DoD payment systems and 

networks that a contractor claimed a full 

exemption from the two-percent excise 

tax in its offer, thereby preventing 

erroneous withholding of the tax. Not 

applying the clause to contracts for the 

acquisition of commercial services and 

commercial products, including COTS 

items, would exclude contracts 

intended to be covered by this proposed 

rule and undermine the overarching 

purpose of the rule. Consequently, DoD 

plans to apply the proposed rule to 

contracts for the acquisition of 

commercial services and commercial 

products, including COTS items. 

IV. Expected Impact of the Rule 

This proposed rule will promote 

efficient administration of the twopercent excise tax. It imposes no new 

requirement or burden on contractors or 

the public. Rather, this proposed rule 

likely benefits contractors by 

minimizing the possibility of erroneous 

withholding of the two-percent excise 

tax. Additionally, the two-percent 

excise tax applies only to specified 

Federal procurement payments to 

certain foreign persons; it does not 

apply to payments to U.S. persons. 

V. 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. 

VI. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, DoD 

will submit a copy of the interim or 

final rule with the form, Submission of 

Federal Rules under the Congressional 

Review Act, to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule under the 

Congressional Review Act cannot take 

effect until 60 days after it is published 

in the Federal Register. This rule is not 

anticipated to be a major rule under 5 

U.S.C. 804. 

VII. Regulatory Flexibility Act 

DoD does not expect this proposed 

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 the rule does not 

implement any requirements with 

which small entities must comply. 

However, an initial regulatory flexibility 

analysis has been performed and is 

summarized as follows: 

This proposed rule aids the 

administration of the two-percent excise 

tax on specified Federal procurement 

payments to certain foreign persons by 

prescribing inclusion of a new DFARS 

clause in contracts when the tax on 

certain foreign procurements applies 

and the contractor claimed a full 

exemption from the tax. Further, this 

proposed rule prohibits use of the 

Governmentwide commercial purchase 

card as a method of payment when the 

tax on certain foreign procurements 

applies and the contractor did not claim 

a full exemption. 

The objective of this proposed rule is 

to promote efficient administration of 

the two-percent excise tax on specified 

Federal procurement payments to 

certain foreign persons. The legal basis 

for the rule is 41 U.S.C. 1303 and 

section 301 of the James Zadroga 9/11 

Health and Compensation Act of 2010 

(Pub. L. 111–347), codified at 26 U.S.C. 

5000C. 

The proposed rule applies to Federal 

Government contracts that include the 

clause at FAR 52.229–12, Tax on Certain 

Foreign Procurements; that are valued 

over $250,000; and that are awarded to 

foreign persons for goods or services, if 

the goods are manufactured or produced 

or the services are provided in any 

country that is not a party to an 

international procurement agreement 

with the United States (see FAR 25.003 

for the definitions of ‘‘World Trade 

Organization Government Procurement 

Agreement (WTO GPA) country’’ and 

‘‘Free Trade Agreement country’’). Data 

for fiscal year 2021 was obtained from 

the Federal Procurement Data System 

for contract awards reflecting these 

criteria. There were 123 total contract 

awards; 117 were awarded to 56 unique 

large entities and 6 were awarded to 4 

unique small entities for a total of 60 

unique foreign entities. Accordingly, the 

proposed rule is not expected to have a 

significant impact on small entities 

based in the United States. 

This rule imposes no reporting, 

recordkeeping, or other compliance 

requirements. The rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. There are no known 

available alternatives to the proposed 

rule to accomplish the desired objective. 

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 2021–D029), in 

correspondence. 

VIII. Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) applies to this rule. 

However, these changes to the DFARS 

do not impose additional information 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 1545–2263, 

entitled Tax on Certain Foreign 

Procurement. 

List of Subjects in 48 CFR Parts 213, 

229, 232, and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 213, 229, 232, 

and 252 are proposed to be amended as 

follows: 


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37476 Federal Register / Vol. 87, No. 120 / Thursday, June 23, 2022 / Proposed Rules 

■ 1. The authority citation for parts 213, 

229, 232, and 252 continues to read as 

follows: 

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

chapter 1. 

PART 213—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 2. Amend section 213.301 by 

redesignating paragraph (4) as paragraph 

(5) and adding a new paragraph (4) to 

read as follows: 

213.301 Governmentwide commercial 

purchase card. 

* * * * * 

(4) The contracting officer shall not 

authorize the Governmentwide 

commercial purchase card as a method 

of payment during any contract period 

of performance if the contract includes 

the clause at FAR 52.229–12, Tax on 

Certain Foreign Procurements, unless 

the contract also includes the clause at 

252.229–70XX, Full Exemption from 

Two-Percent Excise Tax on Certain 

Foreign Procurements, indicating that 

the contractor is fully exempt from the 

tax. 

* * * * * 

PART 229—TAXES 

■ 3. Add subpart 229.2, consisting of 

section 229.204, to read as follows: 

SUBPART 229.2—FEDERAL EXCISE 

TAXES 

229.204 Federal excise tax on specific 

foreign contract payments. 

The contracting officer shall not 

authorize the Governmentwide 

commercial purchase card as a method 

of payment during any contract period 

of performance if the contract includes 

the clause at FAR 52.229–12, Tax on 

Certain Foreign Procurements, unless 

the contract also includes the clause at 

252.229–70XX, Full Exemption from 

Two-Percent Excise Tax on Certain 

Foreign Procurements, indicating that 

the contractor is fully exempt from the 

tax. 

■ 4. Amend section 229.402–70 by 

adding paragraph (k) to read as follows: 

229.402–70 Additional provisions and 

clauses. 

* * * * * 

(k) Use the clause at 252.229–70XX, 

Full Exemption from Two-Percent 

Excise Tax on Certain Foreign 

Procurements, in contracts that include 

the clause at FAR 52.229–12, Tax on 

Certain Foreign Procurements, when the 

contractor has— 

(1) Represented that it is a foreign 

person in response to the provision at 

FAR 52.229–11, Tax on Certain Foreign 

Procurements—Notice and 

Representation; and 

(2) Indicated that it is fully exempt 

from the tax for reasons cited on their 

IRS Form W–14, Certificate of Foreign 

Contracting Party Receiving Federal 

Procurement Payments. 

PART 232—CONTRACT FINANCING 

■ 5. Add sections 232.1108 and 

232.1108–70 to subpart 232.11 to read 

as follows: 

232.1108 Payment by Governmentwide 

commercial purchase card. 

232.1108–70 Prohibition of 

Governmentwide commercial purchase 

card as a method of payment when the tax 

on certain foreign procurements applies. 

The contracting officer shall not 

authorize the Governmentwide 

commercial purchase card as a method 

of payment during any contract period 

of performance if the contract includes 

the clause at FAR 52.229–12, Tax on 

Certain Foreign Procurements, unless 

the contract also includes the clause at 

252.229–70XX, Full Exemption from 

Two-Percent Excise Tax on Certain 

Foreign Procurements, indicating that 

the contractor is fully exempt from the 

tax. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 6. Add section 252.229–70XX to read 

as follows: 

252.229–70XX Full Exemption from TwoPercent Excise Tax on Certain Foreign 

Procurements. 

As prescribed in 229.402–70(k), use 

the following clause: FULL 

EXEMPTION FROM TWO–PERCENT 

EXCISE TAX ON CERTAIN FOREIGN 

PROCUREMENTS (DATE) 

(a) As the Contractor represented in its 

offer, any item, including any item delivered 

under subcontract; any service; or any 

combination thereof delivered under this 

contract is fully exempt from the 2-percent 

excise tax withholding imposed by 26 U.S.C. 

5000C and implemented by Federal 

Acquisition Regulation (FAR) 52.229–12, Tax 

on Certain Foreign Procurements. 

(b) If the full exemption no longer applies 

due to a change in circumstances during the 

performance of the contract, causing the 

Contractor to become subject to the 

withholding for the 2-percent excise tax as 

imposed by 26 U.S.C. 5000C, then the 

Contractor shall immediately comply with 

the notification and billing requirements of 

FAR clause 52.229–12. 

(End of clause) 

[FR Doc. 2022–13370 Filed 6–22–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R4–ES–2021–0058; 

FF09E22000 FXES1113090FEDR 223] 

RIN 1018–BE53 

Endangered and Threatened Wildlife 

and Plants; Reclassification of 

Mitracarpus polycladus From 

Endangered to Threatened With a 

Section 4(d) Rule 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), propose to 

reclassify Mitracarpus polycladus (a 

plant, no common name) from 

endangered to threatened (downlist) 

under the Endangered Species Act of 

1973, as amended (Act). The proposed 

downlisting is based on our evaluation 

of the best available scientific and 

commercial information, which 

indicates that the species’ status has 

improved such that it is not currently in 

danger of extinction throughout all or a 

significant portion of its range, but that 

it is still likely to become so in the 

foreseeable future. We also propose a 

rule under section 4(d) of the Act that 

provides for the conservation of M. 

polycladus. 

DATES: We will accept comments 

received or postmarked on or before 

August 22, 2022. Comments submitted 

electronically using the Federal 

eRulemaking Portal (see ADDRESSES

below) must be received by 11:59 p.m. 

Eastern Time on the closing date. We 

must receive requests for a public 

hearing, in writing, at the address 

shown in FOR FURTHER INFORMATION

CONTACT, by August 8, 2022. 

ADDRESSES: You may submit comments 

on this proposed rule by one of the 

following methods: 

(1) Electronically: Go to the Federal 

eRulemaking Portal: https://

www.regulations.gov. In the Search box, 

enter FWS–R4–ES–2021–0058, which is 

the docket number for this rulemaking. 

Then, click on the Search button. On the 

resulting page, in the panel on the left 

side of the screen, under the Document 

Type heading, check the Proposed Rule 

box to locate this document. You may 

submit a comment by clicking on 

‘‘Comment.’’ 

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

to: Public Comments Processing, Attn: 

FWS–R4–ES–2021–0058; U.S. Fish and 

Wildlife Service, MS: PRB/3W, 5275 


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