Fisheries of the Exclusive Economic Zone Off Alaska; Northern Rockfish for Catcher/Processors Participating in the Rockfish Limited Access Fishery in the Central Regulatory Area of the Gulf of Alaska, 44283-44284 [2011-18722]
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Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations
rmajette on DSK89S0YB1PROD with RULES
DoDI 2310.01E, The Department of
Defense Detainee Program, dated
September 5, 2006. Paragraph 2.2 of the
directive notes ‘‘This Directive applies
during all armed conflicts, however
such conflicts are characterized, and in
all other military operations.’’ In
addition, paragraph E.2.1. of DoDI
2310.01E notes that the definition of
‘‘detainee’’ includes ‘‘unlawful enemy
combatants.’’ Accordingly, DoD has
determined that clarification is not
necessary, and no change has been
made to the DFARS definition in
response to this comment.
Comment: One respondent
recommended clarifying the definition
of ‘‘interrogation of detainees’’ in
237.173–2 by adding the same qualifer,
i.e., ‘‘this includes, but is not limited
to,’’ as is found in the definition of
‘‘detainee.’’ The respondent stated that
a difference between the two definitions
could lead to confusion over whether
this includes any other sort of non‘‘systematic,’’ ‘‘formal,’’ or ‘‘official’’
process of ‘‘questioning,’’ or questioning
not done ‘‘for the purpose of obtaining
reliable information to satisfy foreign
intelligence collection requirements’’
(see 237.173–2).
Response: The definition of
‘‘interrogation of detainees’’ was derived
from the definition for ‘‘intelligence
interrogations’’ in DoDD 3115.09, DoD
Intelligence Interrogations, Detainee
Debriefings, and Tactical Questioning.
This directive consolidates existing DoD
policies, including the requirement for
humane treatment during all
intelligence interrogations, and speaks
of interrogations exlusively in terms of
the purpose of ‘‘obtaining reliable
information to satisfy foreign
intelligence collection requirements.’’
Accordingly, any questioning done for a
purpose other than ‘‘obtaining reliable
information to satisfy foreign
intelligence collection requirements’’ is
outside the scope of allowable activities
under DoD policy. Accordingly, no
change has been made to the DFARS
definition in response to this comment.
D. Prohibition on Specific Type of
Torture
Comment: One respondent proposed
that water torture be banned. The
respondent also proposed to make the
Federal Government responsible when
violations of human rights occur and
recommended banning all torture and
procedures that allow torture to occur.
Response: As noted previously, DoDD
3115.09 consolidates existing DoD
policies, including the requirement for
humane treatment during all
intelligence interrogations for the
purpose of gaining intelligence from
VerDate Mar<15>2010
14:55 Jul 22, 2011
Jkt 223001
captured or detained personnel. It is
DoD policy that no person in the
custody or physical control of DoD or
detained in a DoD facility shall be
subject to cruel, inhumane, or degrading
treatment or punishment as defined in
Title XIV of Public Law 109–163, also
known as ‘‘The Detainee Treatment Act
of 2005.’’ Accordingly, no change has
been made to the DFARS in response to
this comment.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5
U.S.C. 601, et seq., applies to this rule.
DoD prepared a final regulatory
flexibility analysis (FRFA) that is
summarized as follows:
The objective of this rule is to
implement section 1038 of the National
Defense Authorization Act for Fiscal
Year 2010 (Pub. L. 111–84). This statute
provides that no enemy prisoner of war,
civilian internee, retained personnel,
other detainee, or any other individual
who is in the custody or under the
effective control of DoD, or otherwise
under detention in a DoD facility in
connection with hostilities, may be
interrogated by contractor personnel. It
also allows the Secretary of Defense to
waive the prohibition for a limited
period of time, with limited
redelegation authority, if determined
necessary to the national security
interests of the United States.
In Fiscal Year 2009, the latest year for
which complete information is
available, DoD awarded contracts for
intelligence-related requirements to
only 255 unique Data Universal
Numbering System (DUNS) numbers. Of
this total, there were 143 unique DUNS
numbers for small business concerns.
This rule only prescribes policies that
prohibit interrogation of detainees by
contractor personnel. DoD anticipates
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44283
that there will be no additional costs
imposed on small businesses.
There is no reporting or
recordkeeping requirement established
by this rule. This rule does not
duplicate, overlap, or conflict with any
other Federal rules.
Interested parties may obtain a copy
of the FRFA from the point of contact
named herein. A copy of the FRFA has
been submitted to the Chief Counsel for
Advocacy of the Small Business
Administration.
V. Paperwork Reduction Act
The rule does not impose any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 237 and
252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 237 and 252,
which was published at 75 FR 67632 on
November 3, 2010, is adopted as a final
rule without change.
■
[FR Doc. 2011–18381 Filed 7–22–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 101126522–0640–02]
RIN 0648–XA594
Fisheries of the Exclusive Economic
Zone Off Alaska; Northern Rockfish for
Catcher/Processors Participating in
the Rockfish Limited Access Fishery in
the Central Regulatory Area of 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 northern rockfish by catcher/
processors participating in the rockfish
limited access fishery in the Central
Regulatory Area of the Gulf of Alaska
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44284
Federal Register / Vol. 76, No. 142 / Monday, July 25, 2011 / Rules and Regulations
rmajette on DSK89S0YB1PROD with RULES
(GOA). This action is necessary to
prevent exceeding the 2011 total
allowable catch (TAC) of northern
rockfish allocated to catcher/processors
participating in the rockfish limited
access fishery in the Central Regulatory
Area of the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), July 20, 2011, through 2400
hrs, A.l.t., December 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
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 MagnusonStevens 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 2011 TAC of northern rockfish
allocated to catcher/processors
participating in the rockfish limited
access fishery in the Central GOA is 150
metric tons (mt) as established by the
final 2011 and 2012 harvest
specifications for groundfish of the GOA
(76 FR 11111, March 1, 2011), and as
posted as the 2011 Rockfish Program
Allocations at https://
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14:55 Jul 22, 2011
Jkt 223001
alaskafisheries.noaa.gov/
sustainablefisheries/goarat/default.htm.
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2011 TAC of
northern rockfish allocated to catcher/
processors participating in the rockfish
limited access fishery in the Central
Regulatory Area of the GOA will soon
be reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 125 mt, and is
setting aside the remaining 25 mt as
bycatch to support other anticipated
groundfish fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for northern rockfish by
catcher/processors participating in the
rockfish limited access fishery in the
Central Regulatory Area of the GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Authority: 16 U.S.C. 1801 et seq.
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
PO 00000
Frm 00040
Fmt 4700
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such 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 the closure of northern rockfish
for catcher/processors participating in
the rockfish limited access fishery in the
Central Regulatory Area of 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 July 18,
2011.
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
prior notice and opportunity for public
comment.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Sfmt 9990
Dated: July 20, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–18722 Filed 7–20–11; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 142 (Monday, July 25, 2011)]
[Rules and Regulations]
[Pages 44283-44284]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18722]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 101126522-0640-02]
RIN 0648-XA594
Fisheries of the Exclusive Economic Zone Off Alaska; Northern
Rockfish for Catcher/Processors Participating in the Rockfish Limited
Access Fishery in the Central Regulatory Area of 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 northern rockfish by
catcher/processors participating in the rockfish limited access fishery
in the Central Regulatory Area of the Gulf of Alaska
[[Page 44284]]
(GOA). This action is necessary to prevent exceeding the 2011 total
allowable catch (TAC) of northern rockfish allocated to catcher/
processors participating in the rockfish limited access fishery in the
Central Regulatory Area of the GOA.
DATES: Effective 1200 hrs, Alaska local time (A.l.t.), July 20, 2011,
through 2400 hrs, A.l.t., December 31, 2011.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7269.
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 2011 TAC of northern rockfish allocated to catcher/processors
participating in the rockfish limited access fishery in the Central GOA
is 150 metric tons (mt) as established by the final 2011 and 2012
harvest specifications for groundfish of the GOA (76 FR 11111, March 1,
2011), and as posted as the 2011 Rockfish Program Allocations at https://alaskafisheries.noaa.gov/sustainablefisheries/goarat/default.htm.
In accordance with Sec. 679.20(d)(1)(i), the Administrator, Alaska
Region, NMFS (Regional Administrator), has determined that the 2011 TAC
of northern rockfish allocated to catcher/processors participating in
the rockfish limited access fishery in the Central Regulatory Area of
the GOA will soon be reached. Therefore, the Regional Administrator is
establishing a directed fishing allowance of 125 mt, and is setting
aside the remaining 25 mt as bycatch to support other anticipated
groundfish fisheries. In accordance with Sec. 679.20(d)(1)(iii), the
Regional Administrator finds that this directed fishing allowance has
been reached. Consequently, NMFS is prohibiting directed fishing for
northern rockfish by catcher/processors participating in the rockfish
limited access fishery in the Central Regulatory Area of the GOA.
After the effective date of this closure the maximum retainable
amounts at Sec. 679.20(e) and (f) apply at any time during a trip.
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 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 the closure of northern rockfish for catcher/processors
participating in the rockfish limited access fishery in the Central
Regulatory Area of 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 July 18, 2011.
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 prior notice and
opportunity for public comment.
This action is required by Sec. 679.20 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 20, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-18722 Filed 7-20-11; 4:15 pm]
BILLING CODE 3510-22-P
