52034 Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.212–7001 is amended 

as follows: 

■ a. By revising the clause date to read 

‘‘(SEPT 2005)’’; and 

■ b. In paragraphs (b) and (c), by adding, 

in numerical order, new entries to read 

as follows: 

252.212–7001 Contract terms and 

conditions required to implement statutes 

or Executive orders applicable to Defense 

acquisitions of commercial items. 

* * * * * 

(b) * * * 

ll252.237–7019 Training for Contractor 

Personnel Interacting with Detainees (AUG 

2005) (Section 1092 of Pub. L. 108–375). 

* * * * * 

(c) * * * 

ll252.237–7019 Training for Contractor 

Personnel Interacting with Detainees (AUG 

2005) (Section 1092 of Pub. L. 108–375). 

* * * * * 

■ 4. Section 252.237–7019 is added to 

read as follows: 

252.237–7019 Training for Contractor 

Personnel Interacting with Detainees. 

As prescribed in 237.171–4, use the 

following clause: 

Training for Contractor Personnel 

Interacting With Detainees (SEPT 2005) 

(a) Definitions. As used in this clause—

Combatant Commander means the 

commander of a unified or specified 

combatant command established in 

accordance with 10 U.S.C. 161. 

Detainee means a person in the custody or 

under the physical control of the Department 

of Defense on behalf of the United States 

Government as a result of armed conflict or 

other military operation by United States 

armed forces. 

Personnel interacting with detainees means 

personnel who, in the course of their duties, 

are expected to interact with detainees. 

(b) Training requirement. This clause 

implements Section 1092 of the National 

Defense Authorization Act for Fiscal Year 

2005 (Pub. L. 108–375). 

(1) The Combatant Commander responsible 

for the area where a detention or 

interrogation facility is located will provide 

training for contractor personnel interacting 

with detainees. The training will address the 

international obligations and laws of the 

United States applicable to the detention of 

personnel, including the Geneva 

Conventions. The Combatant Commander 

will issue a training receipt document to 

personnel who have completed the training. 

(2)(i) The Contractor shall arrange for its 

personnel interacting with detainees to—

(A) Receive the training specified in 

paragraph (b)(1) of this clause prior to 

interacting with detainees and annually 

thereafter; and 

(B) Acknowledge receipt of the training 

through acknowledgment of the training 

receipt document specified in paragraph 

(b)(1) of this clause. 

(ii) To make these arrangements, the 

following points of contact apply: 

[Contracting Officer to insert applicable point 

of contact information cited in PGI 237.171–

3(b).] 

(3) The Contractor and its personnel 

interacting with detainees shall retain a copy 

of the training receipt document(s) issued 

and acknowledged in accordance with 

paragraphs (b)(1) and (2) of this clause until 

the contract is closed. 

(c) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (c), in all 

subcontracts that may require contractor 

personnel to interact with detainees in the 

course of their duties. 

(End of clause) 

[FR Doc. 05–17347 Filed 8–31–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 242 

[DFARS Case 2004–D007] 

Defense Federal Acquisition 

Regulation Supplement; Assignment 

of Contract Administration—Exception 

for Defense Energy Support Center 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to reflect a memorandum of 

agreement between the Defense Contract 

Management Agency and the Defense 

Energy Support Center that provides for 

the Defense Energy Support Center to 

perform contract administration 

functions for all contracts it awards. 

This arrangement eliminates 

duplication of effort in the bulk fuel 

quality management program. 

DATES: Effective September 1, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah Tronic, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0289; facsimile 

(703) 602–0350. Please cite DFARS Case 

2004–D007. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS 242.202(a)(i) specifies that, 

with certain exceptions, DoD activities 

shall not retain any contract for 

administration that requires 

performance of contract administration 

functions at or near contractor facilities. 

This final rule adds a new exception to 

the policy at DFARS 242.202(a)(i) to 

reflect a memorandum of agreement 

between the Defense Contract 

Management Agency and the Defense 

Energy Support Center, which provides 

for the Defense Energy Support Center 

to perform contract administration 

functions for all contracts it awards. 

This arrangement eliminates 

duplication of effort in the bulk fuel 

quality management program. 

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 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 

2004–D007. 

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 Part 242 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR Part 242 is 

amended as follows: 

■ 1. The authority citation for 48 CFR 

Part 242 continues to read as follows: 

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

Chapter 1. 

PART 242—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

■ 2. Section 242.202 is amended as 

follows: 

■ a. In paragraph (a)(i)(P) by removing at 

the end ‘‘and’’; 

■ b. In paragraph (a)(i)(Q) by removing 

the period and adding ‘‘; and’’; and 

■ c. By adding paragraph (a)(i)(R) to 

read as follows: 

242.202 Assignment of contract 

administration. 

(a)(i) * * * 

Federal Register / Vol. 70, No. 169 / Thursday, September 1, 2005 / Rules and Regulations 52035 

(R) The Defense Energy Support 

Center, Defense Logistics Agency. 

* * * * * 

[FR Doc. 05–17350 Filed 8–31–05; 8:45 am] 

BILLING CODE 5001–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 050426117–5117–01; I.D. 

082605A] 

Fisheries Off West Coast States and in 

the Western Pacific; West Coast 

Salmon Fisheries; Inseason Action #6 

- Adjustment of the Recreational 

Fishery from the U.S.-Canada Border 

to Cape Alava, Washington 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification of 

fishing seasons; request for comments. 

SUMMARY: NMFS announces a regulatory 

modification in the recreational fishery 

from the U.S.-Canada Border to Cape 

Alava, WA (Neah Bay Subarea). 

Effective Tuesday, August 16, 2005, the 

Neah Bay Subarea was modified to a 

have a daily bag limit as follows: ‘‘All 

salmon, two fish per day, and all 

retained coho must have a healed 

adipose fin clip.’’ All other restrictions 

remain in effect as announced for 2005 

Ocean Salmon Fisheries. This action 

was necessary to conform to the 2005 

management goals, and the intended 

effect is to allow the fishery to operate 

within the seasons and quotas specified 

in the 2005 annual management 

measures. 

DATES: Effective 0001 hours local time 

(l.t.), Tuesday, August 16, 2005, until 

the Chinook quota or coho quota are 

taken, or 2359 hours l.t., September 18, 

2005, which ever is earlier; after which 

the fishery will remain closed until 

opened through an additional inseason 

action for the west coast salmon 

fisheries, which will be published in the 

Federal Register, or until the effective 

date of the next scheduled open period 

announced in the 2005 annual 

management measures. 

Comments will be accepted through 

September 16, 2005. 

ADDRESSES: Comments on this action 

must be mailed to D. Robert Lohn, 

Regional Administrator, Northwest 

Region, NMFS, NOAA, 7600 Sand Point 

Way N.E., Bldg. 1, Seattle, WA 98115–

0070; or faxed to 206–526–6376; or Rod 

McInnis, Regional Administrator, 

Southwest Region, NMFS, NOAA, 501 

W. Ocean Blvd., Suite 4200, Long 

Beach, CA 90802–4132; or faxed to 562–

980–4018. Comments can also be 

submitted via e-mail at the 

2005salmonIA6.nwr@noaa.gov address, 

or through the internet at the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments, 

and include [050426117–5117–01 and/ 

or I.D. 082605A] in the subject line of 

the message. Information relevant to this 

document is available for public review 

during business hours at the Office of 

the Regional Administrator, Northwest 

Region, NMFS. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Wright, 206–526–6140. 

SUPPLEMENTARY INFORMATION: The 

NMFS Regional Administrator (RA) has 

adjusted the recreational fishery from 

U.S.-Canada Border to Cape Alava, WA 

(Neah Bay Subarea), with one regulatory 

modification. Effective Tuesday, August 

16, 2005, the Neah Bay Subarea was 

modified to a have a daily bag limit as 

follows: ‘‘All salmon, two fish per day, 

and all retained coho must have a 

healed adipose fin clip.’’ All other 

restrictions remain in effect as 

announced for 2005 Ocean Salmon 

Fisheries. On August 11, 2005, the 

Regional Administrator had determined 

that the catch was less than anticipated 

preseason and that provisions designed 

to slow the catch of Chinook could be 

modified. 

All other restrictions remained in 

effect as announced for 2005 Ocean 

Salmon Fisheries. This action was 

necessary to conform to the 2005 

management goals, and the intended 

effect is to allow the fishery to operate 

within the seasons and quotas specified 

in the 2005 annual management 

measures. Modification in recreational 

bag limits and recreational fishing days 

per calendar week is authorized by 

regulations at 50 CFR 660.409(b)(1)(iii). 

In the 2005 annual management 

measures for ocean salmon fisheries (70 

FR 23054, May 4, 2005), NMFS 

announced the recreational fisheries: 

the area from the U.S.-Canada Border to 

Cape Alava, WA (Neah Bay Subarea) 

opened July 1 through the earlier of 

September 18 or a 12,667 marked coho 

subarea quota with a subarea guideline 

of 4,300 Chinook; the area from Cape 

Alava to Queets River, WA (La Push 

Subarea) opened July 1 through the 

earlier of September 18 or a 3,067 

marked coho subarea quota with a 

subarea guideline of 1,900 Chinook; the 

area from Queets River to Leadbetter 

Point, WA (Westport Subarea) opened 

June 26 through the earlier of September 

18 or a 45,066 marked coho subarea 

quota with a subarea guideline of 28,750 

Chinook; the area from Leadbetter Point, 

WA to Cape Falcon, OR (Columbia River 

Subarea) opened July 3 through the 

earlier of September 30 or a 60,900–

marked coho subarea quota with a 

subarea guideline of 8,200 Chinook. The 

Neah Bay and La Push Subareas were 

opened Tuesday through Saturday, and 

the Westport and Columbia River 

Subareas were opened Sunday through 

Thursday. All subareas had a provision 

that there may be a conference call no 

later than July 27 to consider opening 

seven days per week. All subareas were 

restricted to a Chinook minimum size 

limit of 24 inches (61.0 cm) total length. 

In addition, all of the subarea bag limits 

were for all salmon, two fish per day, no 

more than one of which may be a 

Chinook, with all retained coho 

required to have a healed adipose fin 

clip. 

The recreational fisheries in the area 

from Cape Alava, WA, to Cape Falcon, 

OR (La Push, Westport, and Columbia 

River Subareas), were modified by 

Inseason Action #5, effective Friday, 

July 29, 2005, to be open seven days per 

week, with a modified daily bag limit as 

follows: ‘‘All salmon, two fish per day, 

and all retained coho must have a 

healed adipose fin clip.’’ All other 

restrictions remain in effect as 

announced for 2005 Ocean Salmon 

Fisheries (70 FR 47727, August 15, 

2005). 

On August 11, 2005, the RA consulted 

with representatives of the Pacific 

Fishery Management Council, 

Washington Department of Fish and 

Wildlife, and Oregon Department of 

Fish and Wildlife by conference call. 

Information related to catch to date, the 

Chinook and coho catch rates, and effort 

data indicated that the catch was less 

than anticipated preseason and that the 

provision designed to slow the catch of 

Chinook could be modified by relaxing 

the bag limit. As a result, on August 11, 

2005, the states recommended, and the 

RA concurred, that effective Tuesday, 

August 16, 2005, the Neah Bay Subarea 

would be modified to a have a daily bag 

limit as follows: ‘‘All salmon, two fish 

per day, and all retained coho must 

have a healed adipose fin clip.’’ All 

other restrictions remained in effect as 

announced for 2005 Ocean Salmon 

Fisheries. 

The RA determined that the best 

available information indicated that the 

catch and effort data, and projections, 

supported the above inseason action 

recommended by the states. The states 

manage the fisheries in state waters