Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Rules and Regulations 62211 

admitted to the United States. CDC 

inadvertently omitted an exception to 

the chest x-ray examination for aliens in 

the United States who apply for 

adjustment of status to permanent 

resident. CDC is publishing this 

correction to clarify that an alien of any 

age in the United States who applies for 

adjustment of status to permanent 

resident shall not be required to have a 

chest x-ray examination unless their 

tuberculin skin test, or an equivalent 

test that shows an immune response to 

Mycobacterium tuberculosis, is positive. 

List of Subjects in 42 CFR Part 34 

Aliens, Health care, Scope of 

examination, Passports and visas, Public 

health. 

■ Accordingly, 42 CFR part 34 is 

corrected by making the following 

correcting amendments: 

PART 34—MEDICAL EXAMINATION OF 

ALIENS 

■ 1. The authority citation for part 34 

continues to read as follows: 

Authority: 42 U.S.C. 252; 8 U.S.C. 1182 

and 1222. 

■ 2. Amend § 34.3 by revising paragraph 

(e)(2)(iv) to read as follows: 

§ 34.3 Scope of examinations. 

* * * * * 

(e) * * * 

(2) * * * 

(iv) Exceptions. Serologic testing for 

syphilis and HIV shall not be required 

if the alien is under the age of 15, unless 

there is a reason to suspect infection 

with syphilis or HIV. An alien, 

regardless of age, in the United States 

who applies for adjustment of status to 

lawful permanent resident shall not be 

required to have a chest x-ray 

examination unless their tuberculin skin 

test, or an equivalent test for showing an 

immune response to Mycobacterium 

tuberculosis antigens, is positive. HHS/ 

CDC may authorize exceptions to the 

requirement for a tuberculin skin test, 

an equivalent test for showing an 

immune response to Mycobacterium 

tuberculosis antigens, or chest X-ray 

examination for good cause, upon 

application approved by the Director. 

* * * * * 

Dated: October 14, 2008. 

Ann C. Agnew, 

Executive Secretary, Department of Health 

and Human Services. 

[FR Doc. E8–24797 Filed 10–17–08; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215 and 252 

RIN 0750–AF40 

Defense Federal Acquisition 

Regulation Supplement; Evaluation 

Factor for Use of Members of the 

Selected Reserve (DFARS Case 2006– 

D014) 

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 implement Section 819 of 

the National Defense Authorization Act 

for Fiscal Year 2006. Section 819 

authorizes DoD to use an evaluation 

factor that considers whether an offeror 

intends to perform a contract using 

employees or individual subcontractors 

who are members of the Selected 

Reserve. 

DATES: Effective Date: October 20, 2008. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Benavides, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–1302; 

facsimile 703–602–7887. Please cite 

DFARS Case 2006–D014. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule implements Section 

819 of the National Defense 

Authorization Act for Fiscal Year 2006 

(Pub. L. 109–163). Section 819 

authorizes DoD to use an evaluation 

factor that considers whether an offeror 

intends to perform a contract using 

employees or individual subcontractors 

who are members of the Selected 

Reserve, and requires offerors to submit 

documentation supporting any stated 

intent to use such employees or 

subcontractors. The rule contains a 

solicitation provision and a contract 

clause addressing the evaluation factor 

and the obligations of a contractor 

awarded a contract based on the 

evaluation factor. 

DoD published a proposed rule at 72 

FR 51209 on September 6, 2007. DoD 

received no comments on the proposed 

rule. Therefore, DoD has adopted the 

proposed rule as a final rule without 

change. 

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 certifies that this final rule will 

not 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 use of the evaluation factor is 

discretionary and is not expected to 

affect a significant number of 

acquisitions. 

C. Paperwork Reduction Act 

This final rule contains a new 

information collection requirement. The 

Office of Management and Budget has 

approved the information collection 

under Control Number 0704–0446. 

List of Subjects in 48 CFR Parts 215 and 

252 

Government procurement. 

Michele P. Peterson 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR Parts 215 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

Parts 215 and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 2. Sections 215.370 through 215.370– 

3 are added to read as follows: 

215.370 Evaluation factor for employing or 

subcontracting with members of the 

Selected Reserve. 

215.370–1 Definition. 

Selected Reserve, as used in this 

section, is defined in the provision at 

252.215–7005, Evaluation Factor for 

Employing or Subcontracting with 

Members of the Selected Reserve. 

215.370–2 Evaluation factor. 

In accordance with Section 819 of the 

National Defense Authorization Act for 

Fiscal Year 2006 (Pub. L. 109–163), the 

contracting officer may use an 

evaluation factor that considers whether 

an offeror intends to perform the 

contract using employees or individual 

subcontractors who are members of the 

Selected Reserve. See PGI 215.370–2 for 

guidance on use of this evaluation 

factor. 

215.370–3 Solicitation provision and 

contract clause. 

(a) Use the provision at 252.215–7005, 

Evaluation Factor for Employing or 

Subcontracting with Members of the 


dwashington3 on PRODPC61 with RULES
62212 Federal Register / Vol. 73, No. 203 / Monday, October 20, 2008 / Rules and Regulations 

Selected Reserve, in solicitations that 

include an evaluation factor considering 

whether an offeror intends to perform 

the contract using employees or 

individual subcontractors who are 

members of the Selected Reserve. 

(b) Use the clause at 252.215–7006, 

Use of Employees or Individual 

Subcontractors Who are Members of the 

Selected Reserve, in solicitations that 

include the provision at 252.215–7005. 

Include the clause in the resultant 

contract only if the contractor stated in 

its proposal that it intends to perform 

the contract using employees or 

individual subcontractors who are 

members of the Selected Reserve, and 

that statement was used as an 

evaluation factor in the award decision. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Sections 252.215–7005 and 

252.215–7006 are added to read as 

follows: 

252.215–7005 Evaluation Factor for 

Employing or Subcontracting With 

Members of the Selected Reserve. 

As prescribed in 215.370–3(a), use the 

following provision: 

Evaluation Factor for Employing or 

Subcontracting With Members of the 

Selected Reserve (Oct 2008) 

(a) Definition. Selected Reserve, as used in 

this provision, has the meaning given that 

term in 10 U.S.C. 10143. Selected Reserve 

members normally attend regular drills 

throughout the year and are the group of 

Reserves most readily available to the 

President. 

(b) This solicitation includes an evaluation 

factor that considers the offeror’s intended 

use of employees, or individual 

subcontractors, who are members of the 

Selected Reserve. 

(c) If the offeror, in the performance of any 

contract resulting from this solicitation, 

intends to use employees or individual 

subcontractors who are members of the 

Selected Reserve, the offeror’s proposal shall 

include documentation to support this intent. 

Such documentation may include, but is not 

limited to— 

(1) Existing company documentation, such 

as payroll or personnel records, indicating 

the names of the Selected Reserve members 

who are currently employed by the company; 

or 

(2) A statement that one or more positions 

will be set aside to be filled by new hires of 

Selected Reserve members, along with 

verifying documentation. 

(End of provision) 

252.215–7006 Use of Employees or 

Individual Subcontractors Who Are 

Members of the Selected Reserve. 

As prescribed in 215.370–3(b), use the 

following clause: 

Use of Employees or Individual 

Subcontractors Who Are Members of 

the Selected Reserve (Oct 2008) 

(a) Definition. Selected Reserve, as used in 

this clause, has the meaning given that term 

in 10 U.S.C. 10143. Selected Reserve 

members normally attend regular drills 

throughout the year and are the group of 

Reserves most readily available to the 

President. 

(b) If the Contractor stated in its offer that 

it intends to use members of the Selected 

Reserve in the performance of this contract— 

(1) The Contractor shall use employees, or 

individual subcontractors, who are members 

of the Selected Reserve in the performance of 

the contract to the fullest extent consistent 

with efficient contract performance; and 

(2) The Government has the right to 

terminate the contract for default if the 

Contractor willfully or intentionally fails to 

use members of the Selected Reserve, as 

employees or individual subcontractors, in 

the performance of the contract. 

(End of clause) 

[FR Doc. E8–24480 Filed 10–17–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 071106671–8010–02] 

RIN 0648–XL33 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Hook–and–Line Gear 

in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for groundfish by vessels using 

hook–and–line gear in the Gulf of 

Alaska (GOA), except for demersal shelf 

rockfish in the Southeast Outside 

District or sablefish in the GOA. This 

action is necessary to prevent exceeding 

the 2008 Pacific halibut prohibited 

species catch (PSC) limit specified for 

vessels using hook–and–line gear 

targeting groundfish other than 

demersal shelf rockfish in the Southeast 

Outside District or sablefish in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 16, 2008, through 

2400 hrs, A.l.t., December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the Magnuson– 

Stevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

The 2008 Pacific halibut PSC limit 

allocated to vessels using hook–and– 

line gear targeting groundfish other than 

demersal shelf rockfish in the Southeast 

Outside District or sablefish in the GOA 

was established as 290 metric tons by 

the 2008 and 2009 harvest specifications 

for groundfish of the GOA (73 FR 10562, 

February 27, 2008). 

In accordance with § 679.21(d)(7)(ii), 

the Regional Administrator has 

determined that the 2008 Pacific halibut 

PSC limit allocated to vessels using 

hook–and–line gear targeting groundfish 

other than demersal shelf rockfish in the 

Southeast Outside District or sablefish 

in the GOA will soon be reached. 

Therefore, NMFS is prohibiting directed 

fishing for groundfish by vessels using 

hook–and–line gear in the Gulf of 

Alaska (GOA), except for demersal shelf 

rockfish in the Southeast Outside 

District or sablefish in the GOA. 

After the effective date of this closure, 

the maximum retainable amounts at 50 

CFR 679.20(e) and (f) apply at any time 

during a trip for vessels fishing for 

demersal shelf rockfish in the Southeast 

Outside District or sablefish in the GOA. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such a requirement 

is impracticable and contrary to the 

public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay closing directed fishing for 

groundfish by vessels using hook–and– 

line gear in the GOA. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as of October 14, 2008. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 


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