20764 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

222.001 Definitions. 

* * * * * 

■ 3. Section 222.404–2 is added to read 

as follows: 

222.404–2 General requirements. 

(c)(5) Follow the procedures at PGI 

222.404–2(c)(5) when seeking 

clarification of the proper application of 

construction wage rate schedules. 

■ 4. Section 222.1008 is revised to read 

as follows: 

222.1008 Procedures for obtaining wage 

determinations. 

■ 5. Section 222.1008–1 is added to read 

as follows: 

222.1008–1 Obtaining wage 

determinations. 

Follow the procedures at PGI 

222.1008–1 regarding use of the Service 

Contract Act Directory of Occupations 

when preparing the e98. 

222.1008–2, 222.1008–7, and 222.1014 

[Removed] 

■ 6. Sections 222.1008–2, 222.1008–7, 

and 222.1014 are removed. 

[FR Doc. E7–7908 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 222 and 252 

RIN 0750–AF65 

Defense Federal Acquisition 

Regulation Supplement; Military 

Construction on Guam (DFARS Case 

2006–D065) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove text addressing a 

statutory prohibition on the use of 

nonimmigrant aliens to perform work 

under contracts for military 

construction on Guam. The statutory 

prohibition was repealed by Section 

2810 of the National Defense 

Authorization Act for Fiscal Year 2007. 

EFFECTIVE DATE: April 26, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Felisha Hitt, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3C132, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0310; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2006–D065. 

SUPPLEMENTARY INFORMATION: 

A. Background 

10 U.S.C. 2864 contained a 

prohibition on the performance of work 

by persons with nonimmigrant status 

under contracts for military 

construction on Guam. Section 2810 of 

the National Defense Authorization Act 

for Fiscal Year 2007 (Pub. L. 109–364) 

repealed 10 U.S.C. 2864. Therefore, this 

final rule revises DFARS Subpart 222.73 

to remove references to the prohibition 

of 10 U.S.C. 2864. The statutory 

prohibition on the use of nonimmigrant 

aliens under contracts for base 

operations support on Guam (Pub. L. 

105–85, Section 390) is still in effect 

and continues to be implemented in 

DFARS Subpart 222.73. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

publication for public comment under 

41 U.S.C. 418b is not required. 

However, DoD will consider comments 

from small entities concerning the 

affected DFARS subpart in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2006–D065. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply, because the rule does not 

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 222 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 222 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 222 and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 222—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 2. Section 222.7300 is revised to read 

as follows: 

222.7300 Scope of subpart. 

This subpart—

(a) Implements Section 390 of the 

National Defense Authorization Act for 

Fiscal Year 1998 (Pub. L. 105–85); and 

(b) Applies to contracts for base 

operations support on Guam that—

(1) Are awarded as a result of a 

competition conducted under OMB 

Circular A–76; and 

(2) Are entered into or modified on or 

after November 18, 1997. 

■ 3. Section 222.7301 is amended by 

revising paragraph (a) to read as follows: 

222.7301 Prohibition on use of 

nonimmigrant aliens. 

(a) Any alien who is issued a visa or 

otherwise provided nonimmigrant 

status under Section 101(a)(15)(H)(ii) of 

the Immigration and Nationality Act (8 

U.S.C. 1101(a)(15)(H)(ii)) is prohibited 

from performing work under a contract 

for base operations support on Guam. 

* * * * * 

■ 4. Section 222.7302 is revised to read 

as follows: 

222.7302 Contract clause. 

Use the clause at 252.222–7005, 

Prohibition on Use of Nonimmigrant 

Aliens—Guam, in solicitations and 

contracts subject to this subpart. 

222.7303 [Removed] 

■ 5. Section 222.7303 is removed. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.222–7005 [Amended] 

■ 6. Section 252.222–7005 is amended 

in the introductory text by removing 

‘‘222.7303’’ and adding in its place 

‘‘222.7302’’. 

[FR Doc. E7–7912 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 


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