76948 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Proposed Rules 

Federal Communications Commission. 

Chad Breckinridge, 

Associate Bureau Chief, Wireless 

Telecommunications Bureau. 

[FR Doc. 2014–30096 Filed 12–22–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF THE TREASURY 

48 CFR Parts 1001, 1002, 1016, 1019, 

1022, 1028, 1032, 1034, 1042, and 1052 

Department of the Treasury 

Acquisition Regulation; Technical 

Amendments 

AGENCY: Office of the Procurement 

Executive, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of the 

Treasury is makes amendments to the 

Department of the Treasury Acquisition 

Regulation (DTAR) in order to make 

editorial changes. These editorial 

changes are in response to either 

updates made to the Federal Acquisition 

Regulations (FAR), Treasury bureau 

organizational restructuring, and other 

internal updates that have occurred 

since the 2013 edition. 

DATES: Comment due date: January 22, 

2015. 

ADDRESSES: Treasury invites comments 

on the topics addressed in this proposed 

rule. Comments may be submitted to 

Treasury by any of the following 

methods: by submitting electronic 

comments through the federal 

government e-rulemaking portal, 

www.regulations.gov, by email to 

thomas.olinn@treasury.gov; or by 

sending paper comments to Department 

of the Treasury, Office of the 

Procurement Executive, Attn: Thomas 

O’Linn, 655 15th Street NW., 

Metropolitan Square, Room 6B415, 

Washington, DC 20220. 

In general, Treasury will post all 

comments to www.regulations.gov 

without change, including any business 

or personal information provided, such 

as names, addresses, email addresses, or 

telephone numbers. Treasury will also 

make such comments available for 

public inspection and copying in 

Treasury’s Library, Room 1428, 

Department of the Treasury, 1500 

Pennsylvania Avenue NW., Washington, 

DC 20220, on official business days 

between the hours of 10:00 a.m. and 

5:00 p.m. Eastern Time. You can make 

an appointment to inspect comments by 

telephoning (202) 622–0990. All 

comments, including attachments and 

other supporting materials received are 

part of the public record and subject to 

public disclosure. You should submit 

only information that you wish to make 

publicly available. 

FOR FURTHER INFORMATION CONTACT: 

Thomas O’Linn, Procurement Analyst, 

Office of the Procurement Executive, at 

(202) 622–2092. 

SUPPLEMENTARY INFORMATION: The 

DTAR, which supplement the Federal 

Acquisition Regulation, are codified at 

48 CFR Chapter 10. In order to update 

certain elements in 48 CFR part 10 this 

document makes editorial changes to 

the DTAR, which include updating 

Treasury bureau names and updating 

titles and dates, and other 

nonsubstantive revisions. This proposed 

rule would also remove the Earned 

Value Management System provisions 

codified at section 1052.234–72. There 

is no longer a need for Treasury-specific 

coverage in this area. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action as defined in section 

3(f) of Executive Order 12866. Therefore 

a regulatory assessment is not required. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(5 U.S.C. chapter 6) generally requires 

agencies to conduct an initial regulatory 

flexibility analysis and a final regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. 

It is hereby certified that this 

proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

The rule is intended to make editorial 

changes to the DTAR. 

Paperwork Reduction Act 

The information collections contained 

in this proposed rule have been 

previously approved by the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

3501, et seq.) and assigned OMB control 

numbers 1505–0081; 1505–0080; and 

1505–0107. Under the Paperwork 

Reduction Act, an agency may not 

conduct or sponsor and a person is not 

required to respond to a collection of 

information unless it displays a valid 

OMB control number. 

List of Subjects in 48 CFR Chapter 10 

Government procurement. 

Accordingly, the Department of the 

Treasury proposes to amend 48 CFR 

chapter 10 as follows: 

PART 1001—DEPARTMENT OF THE 

TREASURY ACQUISITION 

REGULATION (DTAR) SYSTEM 

■ 1. The authority citation for part 1001 

is revised to read as follows: 

Authority: 41 U.S.C. 1707. 

1001.670 [Amended] 

■ 2. Amend section 1001.670 by 

removing from the paragraph the word 

‘‘Technical’’ from Contracting Officer 

Technical Representative and the letter 

‘‘T’’ in COTR in all instances used. 

PART 1002—DEFINITIONS OF WORDS 

AND TERMS 

■ 3. The authority citation for part 1002 

is revised to read as follows: 

Authority: 41 U.S.C. 1707. 

■ 4. Section 1002.101 is revised to read 

as follows: 

1002.101 Definitions. 

Bureau means any one of the 

following Treasury organizations: 

(1) Alcohol and Tobacco Tax and 

Trade Bureau (TTB); 

(2) Bureau of Engraving & Printing 

(BEP); 

(3) Bureau of the Fiscal Service 

(formerly Bureau of Public Debt and 

Financial Management Service); 

(4) Departmental Offices (DO); 

(5) Financial Crimes Enforcement 

Network (FinCEN); 

(6) Office of the Inspector General 

(OIG); 

(7) Internal Revenue Service (IRS); 

(8) Office of the Comptroller of the 

Currency (OCC); 

(9) Special Inspector General for the 

Troubled Asset Relief Program 

(SIGTARP); 

(10) Treasury Inspector General for 

Tax Administration (TIGTA); or 

(11) United States Mint. 

1002.70 [Amended] 

■ 5. Amend section 1002.70 by— 

■ a. Removing ‘‘COTR Contracting 

Technical Officer’s Representative’’ and 

adding ‘‘COR Contracting Officer’s 

Representative’’ in its place. 

■ b. Removing ‘‘IPP Internet Payment 

Platform’’ and adding ‘‘IPP Invoice 

Processing Platform’’ in its place. 

PART 1016—TYPES OF CONTRACTS 

■ 6. The authority citation for part 1016 

is revised to read as follows: 

Authority: 41 U.S.C. 1707. 

1016.505 [Amended] 

■ 7. Section 1016.505 is revised to read 

as follows: 


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Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Proposed Rules 76949 

1016.505 Ordering. 

(b)(8) The HCA shall designate a task 

and delivery order ombudsman in 

accordance with bureau procedures and 

provide a copy of the designation to the 

agency task and delivery order 

ombudsman. Bureau task and delivery 

order ombudsmen shall review 

complaints from contractors concerning 

task and delivery orders placed by the 

contracting activity and ensure they are 

afforded a fair opportunity to be 

considered, consistent with the 

procedures in the contract. In the 

absence of a designation, the Bureau 

advocate for competition will serve in 

that capacity. 

PART 1019—SMALL BUSINESS 

PROGRAMS 

■ 8. The authority citation for part 1019 

is revised to read as follows: 

Authority: 41 U.S.C. 1707. 

■ 9. Amend section 1019.202–70 by— 

■ a. Removing from paragraph (d)(1) the 

text ‘‘List of Parties Excluded from 

Federal Procurement and 

Nonprocurement Programs’’ and adding 

‘‘System for Award Management 

Exclusions’’ in its place; 

■ b. Adding paragraph (n)(2)(vi). 

■ c. Removing from paragraph (p)(1) the 

text ‘‘$500,000 ($1,000,000 for 

construction)’’ and adding ‘‘$650,000 

($1,500,000 for construction)’’ in its 

place; and 

■ d. Revising paragraph (p)(2). 

The addition and revision read as 

follows: 

1019.202–70 The Treasury Mentor Prote ́ge ́

Program 

* * * * * 

(n) * * * 

(2) * * * 

(vi) Prote ́ge ́ firms shall submit a post 

completion report 24 months after 

exiting the Mentor-Prote ́ge ́ Program. The 

post completion report will assist the 

Department of the Treasury in assessing 

the progress of Prote ́ge ́ firms upon 

completion of the program. 

* * * * * 

(p) * * * 

(2) Insert the clause at 1052.219–75, 

Mentor Requirements and Evaluation, in 

solicitations and contracts where the 

contractor is a participant in the 

Treasury Mentor-Prote ́ge ́ Program. 

1019.8 [Amended] 

■ 10. Revise the heading for subpart 

1019.8 to read as follows: 

Subpart 1019.8—Contracting With the 

Small Business Administration (The 

8(a) Program) 

1019.811–3 [Amended] 

■ 11. Amend section 1019.811–3 by— 

■ a. Removing from paragraph (d)(3) the 

citation ‘‘1019.8’’ and adding ‘‘FAR 

19.8’’ in its place; and 

■ b. Removing from paragraph (f) the 

citation ‘‘1019.8’’ and adding ‘‘FAR 

19.8’’ in its place. 

PART 1022—MINORITY AND WOMEN 

INCLUSION 

■ 12. The authority citation for part 

1022 continues to read as follows: 

Authority: 12 U.S.C. 5452. 

PART 1028—BONDS AND INSURANCE 

■ 13. The authority citation for part 

1028 is revised to read as follows: 

Authority: 41 U.S.C. 1707. 

1028.307–1 [Amended] 

■ 14. In section 1028.307–1, remove 

reserved paragraph (b). 

■ 15. Revise section 1028.310–70 to 

read as follows: 

1028.310–70 Agency contract clause for 

work on a Government installation. 

(a) Insert a clause substantially similar 

to 1052.228–70, Insurance requirements, 

in all solicitations and contracts that 

contain the clause at FAR 52.228–5. 

■ 16. Revise section 1028.311–2 to read 

as follows: 

1028.311–2 Agency solicitation provisions 

and contract clauses. 

Insert a clause substantially similar to 

1052.228–70, Insurance requirements, 

in all solicitations and contracts that 

contain the clause at FAR 52.228–7. 

PART 1032—CONTRACT FINANCING 

■ 17. The authority citation for part 

1032 is revised to read as follows: 

Authority: 41 U.S.C. 1707. 

1032.7002 [Amended] 

■ 18. Amend section 1032.7002 by— 

■ a. Removing from paragraph (a) 

introductory text the words ‘‘awarded 

after October 1, 2012,’’ and 

■ b. Removing from paragraph (c) the 

words ‘‘Treasury Internet Payment 

Platform’’ and adding the words 

‘‘Treasury Invoice Processing Platform’’ 

in their place. 

■ 19. Section 1032.7003 is revised to 

read as follows: 

1032.7003 Contract clause. 

Except as provided in 1032.7002(a), 

use the clause at 1052.232–7003, 

Electronic Submission of Payment 

Requests, in all solicitations and 

contracts. 

PART 1034—MAJOR SYSTEM 

ACQUISITION 

■ 20. The authority citation for part 

1034 is revised to read as follows: 

Authority: 41 U.S.C. 1707. 

■ 21. In section 1034.001, add 

introductory text and remove the 

definition of ‘‘Core Earned Value 

Management’’. 

The addition reads as follows: 

1034.001 Definitions. 

As used in this part— 

* * * * * 

Subpart 34.2 [Removed] 

■ 22. Remove subpart 34.2. 

PART 1042—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 23. The authority citation for part 

1042 is revised to read as follows: 

Authority: 41 U.S.C. 1707. 

1042.1500 [Removed and Reserved] 

■ 24. Remove and reserve section 

1042.1500. 

PART 1052—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 25. The authority citation for part 

1052 is revised to read as follows: 

Authority: 41 U.S.C. 1707. 

■ 26. In section 1052.201–70, revise the 

introductory text and paragraphs (a), (b), 

(c) introductory text, (c)(6), (d), and (e) 

to read as follows: 

1052.201–70 Contracting Officer’s 

Representative (COR) appointment and 

authority. 

As prescribed in 1001.670–6, insert 

the following clause: 

CONTRACTING OFFICER’S 

REPRESENTATIVE (COR) 

APPOINTMENT AND AUTHORITY 

(JAN 2015) 

(a) The COR is ll [insert name, address 

and telephone number]. 

(b) Performance of work under this 

contract is subject to the technical direction 

of the COR identified above, or a 

representative designated in writing. The 

term ‘‘technical direction’’ includes, without 

limitation, direction to the contractor that 

directs or redirects the labor effort, shifts the 

work between work areas or locations, and/ 

or fills in details and otherwise serves to 

ensure that tasks outlined in the work 

statement are accomplished satisfactorily. 


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76950 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Proposed Rules 

(c) Technical direction must be within the 

scope of the contract specification(s)/work 

statement. The COR does not have authority 

to issue technical direction that: 

* * * * * 

(6) Directs, supervises or otherwise 

controls the actions of the Contractor’s 

employees. 

(d) Technical direction may be oral or in 

writing. The COR must confirm oral direction 

in writing within five workdays, with a copy 

to the Contracting Officer. 

(e) The Contractor shall proceed promptly 

with performance resulting from the 

technical direction issued by the COR. If, in 

the opinion of the Contractor, any direction 

of the COR or the designated representative 

falls within the limitations of (c) above, the 

Contractor shall immediately notify the 

Contracting Officer no later than the 

beginning of the next Government work day. 

* * * * * 

■ 27. Revise section 1052.210–70 to 

read as follows: 

1052.210–70 Contractor publicity. 

As prescribed in 1009.204–70, insert 

the following clause: 

CONTRACTOR PUBLICITY (JAN 2015) 

The Contractor, or any entity or 

representative acting on behalf of the 

Contractor, shall not refer to the supplies or 

services furnished pursuant to the provisions 

of this contract in any news release or 

commercial advertising, or in connection 

with any news release or commercial 

advertising, without first obtaining explicit 

written consent to do so from the Contracting 

Officer. Should any reference to such 

supplies or services appear in any news 

release or commercial advertising issued by 

or on behalf of the Contractor without the 

required consent, the Government shall 

consider institution of all remedies available 

under applicable law, including 31 U.S.C. 

333, and this contract. Further, any violation 

of this clause may be considered as part of 

the evaluation of past performance. 

(End of clause) 

■ 28. Revise the text of section 

1052.228–70 to read as follows: 

1052.228–70 Insurance requirements. 

As prescribed in 1028.310–70 and 

1028.311–2, insert a clause substantially 

as follows: The contracting officer may 

require additional kinds of insurance 

(e.g., aircraft public and passenger 

liability, vessel liability) or higher limits 

of coverage. 

INSURANCE (JAN 2015) 

In accordance with FAR clause 52.228–5, 

entitled ‘‘Insurance—Work on a Government 

Installation’’ [or FAR clause 52.228–7 

entitled, ‘‘Insurance—Liability to Third 

Persons’’], insurance of the following kinds 

and minimum amounts shall be provided 

and maintained during the period of 

performance of this contract: 

(a) Worker’s compensation and employer’s 

liability. The Contractor shall, as a minimum, 

meet the requirements specified at FAR 

28.307–2(a). 

(b) General liability. The Contractor shall, 

at a minimum, meet the requirements 

specified at FAR 28.307–2(b). 

(c) Automobile liability. The Contractor 

shall, at a minimum, meet the requirements 

specified at FAR 28.307–2(c). 

(End of clause) 

■ 29. Revise section 1052.232–7003 to 

read as follows: 

1052.232–7003 Electronic submission of 

payment requests. 

As prescribed in 1032.7003, use the 

following clause: 

ELECTRONIC SUBMISSION OF 

PAYMENT REQUESTS (JAN 2015) 

(a) Definitions. As used in this clause— 

(1) ‘‘Payment request’’ means a bill, 

voucher, invoice, or request for contract 

financing payment with associated 

supporting documentation. The payment 

request must comply with the requirements 

identified in FAR 32.905(b), ‘‘Content of 

Invoices’’ and the applicable Payment clause 

included in this contract. 

(b) Except as provided in paragraph (c) of 

this clause, the Contractor shall submit 

payment requests electronically using the 

Invoice Processing Platform (IPP). 

Information regarding IPP, including IPP 

Customer Support contact information, is 

available at www.ipp.gov or any successor 

site. 

(c) The Contractor may submit payment 

requests using other than IPP only when the 

Contracting Officer authorizes alternate 

procedures in writing in accordance with 

Treasury procedures. 

(d) If alternate payment procedures are 

authorized, the Contractor shall include a 

copy of the Contracting Officer’s written 

authorization with each payment request. 

(End of clause) 

1052.234–2 [Removed] 

■ 30. Remove section 1052.234–2. 

1052.234–3 [Removed] 

■ 31. Remove section 1052.234–3. 

1052.234–4 [Removed] 

■ 32. Remove section 1052.234–4. 

1052.234–70 [Removed] 

■ 33. Remove section 1052.234–70. 

1052.234–71 [Removed] 

■ 34. Remove section 1052.234–71. 

1052.234–72 [Removed] 

■ 35. Remove section 1052.234–72. 

Iris B. Cooper, 

Senior Procurement Executive, Office of the 

Procurement Executive. 

[FR Doc. 2014–29767 Filed 12–22–14; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R8–ES–2014–0041; 

4500030113] 

RIN 1018–BA05 

Endangered and Threatened Wildlife 

and Plants; Threatened Species Status 

for West Coast Distinct Population 

Segment of Fisher 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, are extending the 

comment period for our October 7, 

2014, proposed rule to list the West 

Coast distinct population segment (DPS) 

of fisher (Pekania pennanti) as a 

threatened species under the 

Endangered Species Act of 1973, as 

amended. This action ensures the public 

has an additional opportunity to 

comment on the proposal. 

DATES: Submit your comments on the 

proposal on or before February 4, 2015. 

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. 

ADDRESSES: Document availability: You 

may obtain a copy of the proposed rule 

on the Internet at http://

www.regulations.gov at Docket No. 

FWS–R8–ES–2014–0041, or by 

contacting the U.S. Fish and Wildlife 

Service, Yreka Fish and Wildlife Office 

(see FOR FURTHER INFORMATION CONTACT). 

Comment submission: You may 

submit comments 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–2014–0041, which is 

the docket number for the rulemaking. 

Then, in the Search panel on the left 

side of the screen, under the Document 

Type heading, click on the Proposed 

Rules link to locate the document. You 

may submit a comment 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– 

0041, U.S. Fish and Wildlife Service, 

MS: BPHC, 5275 Leesburg Pike, Falls 

Church, VA 22041–3803. 

We request that you send comments 

only by the methods described above. 

We will post all comments on http:// 


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