Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Proposed Rules 73189 

208.7102 Procedures. 

Follow the procedures at PGI 

208.7102 when contracting or 

performing services for NASA. 

208.7103 through 208.7105 [Removed] 

12. Sections 208.7103, 208.7104, and 

208.7105 are removed. 

Subpart 208.72 [Removed and 

Reserved] 

13. Subpart 208.72 (consisting of 

§§ 208.7201, 208.7202, 208.7203, and 

208.7204) is removed and reserved. 

208.7301 [Amended] 

14. Section 208.7301 is amended by 

removing the definitions of ‘‘Dual 

pricing evaluation procedure’’ and 

‘‘Precious Metals Indicator Code 

(PMIC)’’. 

208.7302 [Amended] 

15. Section 208.7302 is amended in 

the first sentence by removing 

‘‘(PMRP)’’. 

16. Sections 208.7303 and 208.7304 

are revised to read as follows: 

208.7303 Procedures. 

Follow the procedures at PGI 

208.7303 for use of the Precious Metals 

Recovery Program. 

208.7304 Refined precious metals. 

See PGI 208.7304 for a list of refined 

precious metals managed by DSCP. 

208.7401 [Amended] 

17. Section 208.7401 is amended by 

removing the definitions of ‘‘Golden 

Disk’’ and ‘‘Software product manager’’. 

18. Section 208.7403 is revised to read 

as follows: 

208.7403 Acquisition procedures. 

Follow the procedures at PGI 

208.7403 when acquiring commercial 

software and related services. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

19. Section 252.225–7025 is amended 

by revising the clause date and 

paragraph (a)(1) to read as follows: 

252.225–7025 Restriction on Acquisition 

of Forgings. 

* * * * * 

Restriction on Acquisition of Forgings 

(XXX 2005) 

(a) * * * 

(1) Domestic manufacture means: 

(i) Manufactured in the United States 

or its outlying areas; or 

(ii) Manufactured in Canada, if the 

Canadian firm normally produces 

similar items or is currently producing 

the item in support of DoD contracts (as 

a contractor or a subcontractor). 

* * * * * 

PART 253—FORMS 

20. Sections 253.208–1 and 253.208–

2 are revised to read as follows: 

253.208–1 DD Form 448, Military 

Interdepartmental Purchase Request. 

Follow the procedures at PGI 

253.208–1 for use of DD Form 448. 

253.208–2 DD Form 448–2, Acceptance of 

MIPR. 

Follow the procedures at PGI 

253.208–2 for use of DD Form 448–2. 

Appendix B to Chapter 2 [Removed 

and Reserved] 

21. Appendix B to Chapter 2 is 

removed and reserved. 

[FR Doc. 05–23724 Filed 12–8–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 225 and 252 

[DFARS Case 2005–D002] 

Defense Federal Acquisition 

Regulation Supplement; Restriction on 

Carbon, Alloy, and Armor Steel Plate 

AGENCY: Department of Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

clarify the restriction on the acquisition 

of foreign carbon, alloy, or armor steel 

plate. The restriction implements 

provisions of annual DoD 

appropriations acts. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

February 7, 2006, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2005–D002, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Defense Acquisition Regulations 

Web Site: http://emissary.acq.osd.mil/ 

dar/dfars.nsf/pubcomm. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2005–D002 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations Council, Attn: Ms. Amy 

Williams, OUSD(AT&L)DPAP(DAR), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations Council, 

Crystal Square 4, Suite 200A, 241 18th 

Street, Arlington, VA 22202–3402. 

All comments received will be posted 

to http://emissary.acq.osd.mil/dar/ 

dfars.nsf. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, (703) 602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 8111 of the Fiscal Year 1992 

DoD Appropriations Act (Pub. L. 102–

172) and similar sections in subsequent 

DoD Appropriations Acts (the most 

recent being section 8029 of Pub. L. 

108–287) contain a restriction on the 

acquisition of carbon, alloy, or armor 

steel plate, that is not melted and rolled 

in the United States or Canada, for use 

in any Government-owned facility or 

property under the control of DoD. This 

restriction is implemented in the 

DFARS at 225.7011–1 through 

225.7011–3 and in the corresponding 

contract clause at 252.225–7030. The 

wording of these DFARS sections is 

presently inconsistent. To clarify the 

restriction, this proposed rule revises 

DFARS 225.7011–1 and 225.7011–3 for 

consistency with the wording in 

paragraph (b) of the clause at 252.225–

7030. In addition, the proposed rule 

separates paragraph (b) of the clause 

into subparagraphs to further clarify the 

applicability of the restriction. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. 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 the proposed DFARS changes 

clarify existing policy regarding the 

statutory restriction on the acquisition 

of foreign carbon, alloy, or armor steel 

plate. Therefore, DoD has not performed 

an initial regulatory flexibility analysis. 

DoD invites comments from small 

businesses and other interested parties. 

DoD also will consider comments from 

small entities concerning the affected 

DFARS subparts in accordance with 5 

U.S.C. 610. Such comments should be 

submitted separately and should cite 

DFARS Case 2005–D002. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

73190 Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Proposed Rules 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Parts 225 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR parts 225 and 252 as follows: 

1. The authority citation for 48 CFR 

parts 225 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 225—FOREIGN ACQUISITION 

2. Section 225.7011–1 is revised to 

read as follows: 

225.7011–1 Restriction. 

In accordance with section 8111 of 

the Fiscal Year 1992 DoD 

Appropriations Act (Pub. L. 102–172) 

and similar sections in subsequent DoD 

appropriations acts, do not acquire any 

of the following types of carbon, alloy, 

or armor steel plate as a raw material for 

use in a Government-owned facility or 

a facility under the control of (e.g., 

leased by) DoD, unless it is melted and 

rolled in the United States or Canada: 

(a) Carbon, alloy, or armor steel plate 

in Federal Supply Class 9515. 

(b) Carbon, alloy, or armor steel plate 

described by specifications of the 

American Society for Testing Materials 

or the American Iron and Steel Institute. 

3. Section 225.7011–3 is revised to 

read as follows: 

225.7011–3 Contract clause. 

Unless a waiver has been granted, use 

the clause at 252.225–7030, Restriction 

on Acquisition of Carbon, Alloy, and 

Armor Steel Plate, in solicitations and 

contracts that: 

(a) Require the delivery to the 

Government of carbon, alloy, or armor 

steel plate as a raw material that will be 

used in a Government-owned facility or 

a facility under the control of DoD; or 

(b) Require contractors operating in a 

Government-owned facility or a facility 

under the control of DoD to purchase 

carbon, alloy, or armor steel plate as a 

raw material. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

4. Section 252.225–7030 is revised to 

read as follows: 

252.225–7030 Restriction on Acquisition 

of Carbon, Alloy, and Armor Steel Plate. 

As prescribed in 225.7011–3, use the 

following clause: 

Restriction on Acquisition of Carbon, 

Alloy, and Armor Steel Plate (XXX 

2005) 

Carbon, alloy, and armor steel plate 

shall be melted and rolled in the United 

States or Canada if the carbon, alloy, or 

armor steel plate: 

(a) Is in Federal Supply Class 9515 or 

is described by specifications of the 

American Society for Testing Materials 

or the American Iron and Steel Institute; 

and 

(b)(1) Will be delivered to the 

Government as a raw material for use in 

a Government-owned facility or a 

facility under the control of the 

Department of Defense; or 

(2) Will be purchased by the 

Contractor as a raw material for use in 

a Government-owned facility or a 

facility under the control of the 

Department of Defense. 

[FR Doc. 05–23723 Filed 12–8–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To Delist the Gray Wolf (Canis 

lupus) in Nevada 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce a 90-day 

finding on a petition to delist the gray 

wolf (Canis lupus) in Nevada. We find 

that the petition and the available 

literature cited in the petition do not 

present substantial scientific or 

commercial information indicating that 

delisting may be warranted. We will not 

be initiating a further status review in 

response to this petition. We ask the 

public to submit to us any new 

information that becomes available 

concerning the status of or threats to the 

gray wolf. This information will help us 

monitor and encourage the conservation 

of this species. 

DATES: The finding announced in this 

document was made on December 9, 

2005. You may submit new information 

concerning this species for our 

consideration at any time. 

ADDRESSES: Data, information, or 

questions concerning this petition or 

this 90-day finding should be sent to the 

Field Supervisor, Nevada Fish and 

Wildlife Office, U.S. Fish and Wildlife 

Service, 1340 Financial Boulevard, 

Suite 234, Reno, Nevada 89502–7147. 

The petition finding and supporting 

information are available for public 

inspection, by appointment, during 

normal business hours at the above 

address. 

FOR FURTHER INFORMATION CONTACT: 

Robert D. Williams, Nevada Fish and 

Wildlife Office (see ADDRESSES) 

(telephone: 775/861–6300; facsimile: 

775/861–6301). 

SUPPLEMENTARY INFORMATION: 

Background 

Section 4(b)(3)(A) of the Endangered 

Species Act of 1973, as amended (Act) 

(16 U.S.C. 1531 et seq.), requires that we 

make a finding on whether a petition to 

list, delist, or reclassify a species 

presents substantial scientific or 

commercial information to indicate that 

the petitioned action may be warranted. 

We are to base this finding on 

information provided in the petition. To 

the maximum extent practicable, we are 

to make this finding within 90 days of 

our receipt of the petition and publish 

our notice of this finding promptly in 

the Federal Register. 

Our standard for substantial 

information within the Code of Federal 

Regulations (CFR) with regard to a 90- 

day petition finding is ‘‘that amount of 

information that would lead a 

reasonable person to believe that the 

measure proposed in the petition may 

be warranted’’ (50 CFR 424.14(b)). If we 

find that substantial information was 

presented, we are required to promptly 

commence a review of the status of the 

species. 

In making this finding, we relied on 

information provided by the petitioners 

and evaluated that information in 

accordance with 50 CFR 424.14(b). Our 

process of coming to a 90-day finding 

under section 4(b)(3)(A) of the Act and 

section 424.14(b) of our regulations is 

limited to a determination of whether 

the information in the petition meets the 

‘‘substantial information’’ threshold. 

We do not conduct additional 

research at this point, nor do we subject 

the petition to rigorous critical review. 

Rather, at the 90-day finding stage, we 

accept the petitioner’s sources and 

characterizations of the information, to 

the extent that they appear to be based 

on accepted scientific principles (such 

as citing published and peer reviewed 

articles, or studies done in accordance 

with valid methodologies), unless we