Federal Register / Vol. 73, No. 179 / Monday, September 15, 2008 / Rules and Regulations 53151 

(E) Developing (and periodically 

updating) a list of items of durable 

medical equipment which are subject to 

prior authorization. 

(3) Employees of a contractor, 

subcontractor, or state agency 

performing survey, certification, or 

enforcement functions under title XVIII 

of the Social Security Act or Section 353 

of the Public Health Service Act but 

only to the extent the requested 

information was acquired in the course 

of performing those functions and 

regardless of whether documents are 

also relevant to the state’s activities. 

(4) Employees and qualified 

contractors of an entity covered under 

the Federally Supported Health Centers 

Assistance Act of 1992, as amended, 42 

U.S.C. 233(g)–(n), (FSHCAA), provided 

that the testimony is requested in 

medical malpractice tort litigation and 

relates to the performance of medical, 

surgical, dental or related functions 

which were performed by the entity, its 

employees and qualified contractors at a 

time when the DHHS deemed the entity 

and its employees and qualified 

contractors to be covered by the 

FSHCAA. 

* * * * * 

Dated: August 28, 2008. 

Michael O. Leavitt, 

Secretary. 

[FR Doc. E8–21113 Filed 9–12–08; 8:45 am] 

BILLING CODE 4150–26–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202 and 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update the list of DoD 

contracting activities and to correct a 

reference in a contract clause. 

DATES: Effective Date: September 15, 

2008. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0311; 

facsimile 703–602–7887. 

SUPPLEMENTARY INFORMATION: This final 

rule amends DFARS text as follows: 

• 202.101. Adds the U.S. 

Transportation Command to the list of 

DoD contracting activities. 

• 252.212–7001. Amends the 

reference to the clause at 252.219–7004 

in paragraph (b)(3) to reflect the current 

clause date. 

List of Subjects in 48 CFR Parts 202 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 202 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 202 and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 202—DEFINITIONS OF WORDS 

AND TERMS 

202.101 [Amended] 

■ 2. Section 202.101 is amended in the 

definition of ‘‘Contracting activity’’ by 

adding at the end ‘‘United States 

Transportation Command, Directorate of 

Acquisition’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.212–7001 [Amended] 

■ 3. Section 252.212–7001 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(SEP 2008)’’; and 

■ b. In paragraph (b)(3) by removing 

‘‘(APR 2007)’’ and adding in its place 

‘‘(AUG 2008)’’. 

[FR Doc. E8–21375 Filed 9–12–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 206, 225, and 252 

RIN 0750–AG02 

Defense Federal Acquisition 

Regulation Supplement; Acquisitions 

in Support of Operations in Iraq or 

Afghanistan (DFARS Case 2008–D002) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Sections 886 and 

892 of the National Defense 

Authorization Act for Fiscal Year 2008. 

Section 886 provides authority for DoD 

to limit competition when acquiring 

products or services in support of 

operations in Iraq or Afghanistan. 

Section 892 addresses competition 

requirements for the procurement of 

small arms for assistance to Iraq or 

Afghanistan. 

DATES: Effective date: September 15, 

2008. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before November 14, 2008, to be 

considered in the formation of the final 

rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2008–D002, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2008–D002 in the subject 

line of the message. 

Æ Fax: 703–602–7887. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy 

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

IMD 3D139, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

Æ Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181) provides authority for 

DoD to limit competition when 

acquiring products or services in 

support of military operations or 

stability operations in Iraq or 

Afghanistan (including security, 

transition, reconstruction, and 

humanitarian relief activities) under 

certain circumstances. In those 

circumstances, and when the required 

determination is made, Section 886 

authorizes DoD to— 

Æ Limit competition to products or 

services from Iraq or Afghanistan; 


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