Defense Federal Acquisition Regulation Supplement; Technical Amendments, 46821-46822 [2024-11516]
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Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Rules and Regulations
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
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5. Amend section 252.225–7052 by—
a. Revising the clause date; and
b. Revising paragraphs (b) and (c)(1).
The revisions read as follows:
252.225–7052 Restriction on the
Acquisition of Certain Magnets, Tantalum,
and Tungsten.
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Restriction on the Acquisition of
Certain Magnets, Tantalum, and
Tungsten (May 2024)
ddrumheller on DSK120RN23PROD with RULES1
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(b) Restriction. (1) Except as provided
in paragraph (c) of this clause—
(i) Effective through December 31,
2026, the Contractor shall not deliver
under this contract any covered material
melted or produced in any covered
country, or any end item, manufactured
in any covered country, that contains a
covered material; and
(ii) Effective January 1, 2027, the
Contractor shall not deliver under this
contract any covered material mined,
refined, separated, melted, or produced
in any covered country, or any end item,
manufactured in any covered country,
that contains a covered material (section
854, Pub. L. 118–31; 10 U.S.C. 4872).
(2)(i)(A) Effective through December
31, 2026, for samarium-cobalt magnets
and neodymium-iron-boron magnets,
this restriction includes—
(1) Melting samarium with cobalt to
produce the samarium-cobalt alloy or
melting neodymium with iron and
boron to produce the neodymium-ironboron alloy; and
(2) All subsequent phases of
production of the magnets, such as
powder formation, pressing, sintering or
bonding, and magnetization.
(B) Effective January 1, 2027, for
samarium-cobalt magnets this
restriction includes the entire supply
chain from mining or production of a
cobalt and samarium ore or feedstock,
including recycled material, through
production of finished magnets.
(ii) The restriction on melting and
producing of samarium-cobalt magnets
is in addition to any applicable
restrictions on melting of specialty
metals if the clause at 252.225–7009,
Restriction on Acquisition of Certain
Articles Containing Specialty Metals, is
included in the contract.
(3) Effective January 1, 2027, for
neodymium-iron-boron magnets, this
restriction includes entire supply chain
from mining of neodymium, iron, and
boron through production of finished
magnets.
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15:52 May 29, 2024
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(4)(i) Effective through December 31,
2026, for production of tantalum metals
of any kind and alloys, this restriction
includes the reduction or melting of any
form of tantalum to create tantalum
metal including unwrought, powder,
mill products, and alloys. The
restriction also covers all subsequent
phases of production of tantalum metals
and alloys.
(ii) Effective January 1, 2027, for
production of tantalum metals of any
kind and alloys, this restriction includes
mining or production of a tantalum ore
or feedstock, including recycled
material, through production of metals
of any kind and alloys.
(5)(i) Effective through December 31,
2026, for production of tungsten metal
powder and tungsten heavy alloy, this
restriction includes—
(A) Atomization;
(B) Calcination and reduction into
powder;
(C) Final consolidation of non-melt
derived metal powders; and
(D) All subsequent phases of
production of tungsten metal powder,
tungsten heavy alloy, or any finished or
semi-finished component containing
tungsten heavy alloy.
(ii) Effective January 1, 2027, for
production of tungsten metal powder,
tungsten heavy alloy, or any finished or
semi-finished component containing
tungsten heavy alloy, this restriction
includes mining or production of a
tungsten ore or feedstock, including
recycled material, through production of
tungsten metal powders, tungsten heavy
alloy, or any finished or semi-finished
component containing tungsten heavy
alloy.
(c) Exceptions. This clause does not
apply—
(1) To an end item containing a
covered material that is—
(i) A commercially available off-theshelf item, other than—
(A) A commercially available off-theshelf item that is—
(1) 50 percent or more tungsten by
weight effective through December 31,
2026; or
(2) 50 percent or more covered
material by weight effective January 1,
2027;
(B) Effective through December 31,
2026, a tantalum metal, tantalum alloy,
or tungsten heavy alloy mill product,
such as bar, billet, slab, wire, cube,
sphere, block, blank, plate, or sheet, that
has not been incorporated into an end
item, subsystem, assembly, or
component;
(ii) Effective January 1, 2027, a
covered material that is a mill product
such as bar, billet, slab, wire, cube,
sphere, block, blank, plate, or sheet, that
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46821
has not been incorporated into an end
item, subsystem, assembly, or
component;
(iii) An electronic device, unless
otherwise specified in the contract; or
(iv) A neodymium-iron-boron magnet
manufactured from recycled material if
the milling of the recycled material and
sintering of the final magnet takes place
in the United States.
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[FR Doc. 2024–11513 Filed 5–29–24; 8:45 am]
BILLING CODE 6820–FR–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2024–0001]
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; technical
amendment.
AGENCY:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to make needed
editorial changes.
DATES: Effective May 30, 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
telephone 703–717–8226.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS to make needed
editorial changes to update two
outdated hyperlinks at DFARS 252.204–
7012.
SUMMARY:
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR part 252 is
amended as follows:
■ 1. The authority citation for 48 CFR
part 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
2. Amend section 252.204–7012—
a. By revising the clause date;
b. In paragraph (b)(2)(i) by removing
‘‘https://dx.doi.org/10.6028/
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E:\FR\FM\30MYR1.SGM
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46822
Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Rules and Regulations
NIST.SP.800-171’’ and adding ‘‘https://
csrc.nist.gov/publications/sp800’’ in its
place; and
■ c. In paragraph (b)(2)(ii)(D) by
removing ‘‘https://www.fedramp.gov/
resources/documents/’’ and adding
‘‘https://www.fedramp.gov/documentstemplates/.’’ in its place.
The revision reads as follows:
252.204–7012 Safeguarding Covered
Defense Information and Cyber Incident
Reporting.
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Safeguarding Covered Defense
Information and Cyber Incident
Reporting (MAY 2024)
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[FR Doc. 2024–11516 Filed 5–29–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R2–ES–2023–0215;
FXES1111090FEDR–245–FF09E21000]
RIN 1018–BH68
Endangered and Threatened Wildlife
and Plants; Revision of the Critical
Habitat Designation for the Jaguar in
Compliance With a Court Order
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are issuing
this final rule to comply with a court
order to vacate Subunit 4b and a portion
of Unit 3 in Arizona from the March 5,
2014, final rule designating lands in
Arizona as critical habitat for the jaguar
(Panthera onca) under the Endangered
Species Act of 1973, as amended (Act).
In compliance with the court order, this
final rule removes approximately 64,797
acres (26,222 hectares) of land within
Arizona from the designation of critical
habitat for the jaguar. The remaining
total acreage of designated critical
habitat for the jaguar is approximately
640,124 acres (259,049 hectares) in
Pima, Santa Cruz, and Cochise Counties,
Arizona.
DATES: This rule is effective May 30,
2024. However, the court order had
legal effect immediately upon being
filed on August 11, 2023.
FOR FURTHER INFORMATION CONTACT:
Heather Whitlaw, U.S. Fish and Wildlife
Service, 9828 North 31st Avenue #C3,
Phoenix, AZ 85051; telephone: 602–
ddrumheller on DSK120RN23PROD with RULES1
SUMMARY:
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15:52 May 29, 2024
Jkt 262001
242–0210; email at incomingazcorr@
fws.gov. Individuals in the United States
who are deaf, deafblind, hard of hearing,
or have a speech disability may dial 711
(TTY, TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Previous Federal Actions
On March 5, 2014, we published in
the Federal Register (79 FR 12572) a
final rule designating approximately
764,207 acres (309,263 hectares) of land
in New Mexico and Arizona as critical
habitat for the jaguar under the Act (16
U.S.C. 1531 et seq.). The jaguar’s critical
habitat designation is set forth in our
regulations in title 50 of the Code of
Federal Regulations (CFR) at § 17.95(a)
(50 CFR 17.95(a)). Please see the March
5, 2014, final rule for a complete
discussion of previous Federal actions
pertaining to this designation.
On July 22, 2021, we published in the
Federal Register (86 FR 38570) a final
rule revising the critical habitat
designation for the jaguar in compliance
with a different court order to remove
Unit 6 and the New Mexico portion of
Unit 5 from the designation. In that final
rule, we erroneously stated that the rule
removed approximately 110,438 acres
(44,693 hectares) of land within New
Mexico from the designation of critical
habitat for the jaguar. On February 2,
2022, we published a correction in the
Federal Register (87 FR 5737); the
correction stated that the July 22, 2021,
rule removed 59,286 acres (23,993
hectares) in New Mexico from the
designation of critical habitat for the
jaguar.
Background
In 2016, we issued a biological
opinion, as required under the Act (16
U.S.C. 1536), regarding the development
of a copper mine by the Rosemont
Copper Company (Rosemont) on lands
administered by the Coronado National
Forest. The action area of the proposed
mine and associated infrastructure
included portions of the critical habitat
designation for the jaguar, specifically
portions of Unit 3 and Subunit 4b. In
our biological opinion, we found that
the proposed mine was not likely to
jeopardize the continued existence of
the jaguar or result in the destruction or
adverse modification of its critical
habitat.
On September 25, 2017, the Center for
Biological Diversity filed a lawsuit
against the Service and the U.S. Forest
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Service. The Center for Biological
Diversity alleged that we violated the
Act and the Administrative Procedure
Act (APA; 5 U.S.C. 551 et seq.) in
concluding that the mine would not
destroy or adversely modify the
designated critical habitat. Rosemont
intervened and filed a crossclaim
challenging the March 5, 2014, final
rule’s designation of Subunit 4b and a
portion of Unit 3 in the Santa Rita
Mountains as critical habitat for the
jaguar. On February 10, 2020, the
Arizona district court denied in part and
affirmed in part the Service’s critical
habitat designation. As part of its
decision, the district court found that
we erred in designating Unit 3 as
occupied critical habitat but granted
summary judgement in favor of
designating Unit 3 and subunit 4B as
unoccupied critical habitat.
Rosemont appealed the district court
decision to the U.S. Court of Appeals for
the Ninth Circuit. On May 17, 2023, the
appellate court affirmed in part and
reversed in part the decision of the
district court and remanded the relevant
portions of the jaguar critical habitat
rule for proceedings consistent with its
decision. See Ctr. for Biological
Diversity v. U.S. Fish and Wildlife Serv.,
67 F.4th 1027 (May 17, 2023), which is
available in Docket No. FWS–R2–ES–
2023–0215 on https://
www.regulations.gov. Upon remand, on
August 11, 2023, the Arizona district
court ordered the Service to vacate a
portion of Unit 3 and all of Subunit 4b
as critical habitat. This rule implements
the district court’s August 11, 2023,
order.
Administrative Procedure
This rulemaking is necessary to
comply with the August 11, 2023, court
order remanding to the agency to vacate
the critical habitat designations
challenged by Rosemont. Therefore,
under these circumstances, the Service
Director (Director) has determined,
pursuant to 5 U.S.C. 553(b)(3)(B), that
prior notice and opportunity for public
comment are impracticable and
unnecessary. Because the court order
had legal effect immediately upon being
filed on August 11, 2023, the Director
has further determined, pursuant to 5
U.S.C. 553(d)(3), that the agency has
good cause to make this rule effective
immediately upon publication.
Effects of the Rule
This rule is an administrative action
to remove approximately 64,797 acres
(26,222 hectares) of land within Arizona
from the jaguar’s critical habitat
designation at 50 CFR 17.95(a).
E:\FR\FM\30MYR1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Rules and Regulations]
[Pages 46821-46822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11516]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2024-0001]
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to make needed editorial changes.
DATES: Effective May 30, 2024.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense
Acquisition Regulations System, telephone 703-717-8226.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to make
needed editorial changes to update two outdated hyperlinks at DFARS
252.204-7012.
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
2. Amend section 252.204-7012--
0
a. By revising the clause date;
0
b. In paragraph (b)(2)(i) by removing ``https://dx.doi.org/10.6028/
[[Page 46822]]
NIST.SP.800-171'' and adding ``https://csrc.nist.gov/publications/sp800'' in its place; and
0
c. In paragraph (b)(2)(ii)(D) by removing ``https://www.fedramp.gov/resources/documents/'' and adding ``https://www.fedramp.gov/documents-templates/.'' in its place.
The revision reads as follows:
252.204-7012 Safeguarding Covered Defense Information and Cyber
Incident Reporting.
* * * * *
Safeguarding Covered Defense Information and Cyber Incident Reporting
(MAY 2024)
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[FR Doc. 2024-11516 Filed 5-29-24; 8:45 am]
BILLING CODE 6001-FR-P
