58980 Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Rules and Regulations 

EPA-APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic 

or nonattainment area 

State approval/submittal date 

EPA approval date Comments 

* * * * * * * 

Approval of the Speed Limits Local Initiative 

Measure in the DFW nine county area. Affected counties are Dallas, Tarrant, Collin, 

Denton, Parker, Johnson, Ellis, Kaufman, 

Rockwall.

Dallas-Fort Worth ......... 4/25/2000 10/11/2005 ...................

[Insert FR page number 

where document begins].

[FR Doc. 05–20337 Filed 10–7–05; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

48 CFR Parts 204, 215, 252, and 

Appendix F to Chapter 2 

[DFARS Case 2003–D009] 

Defense Federal Acquisition 

Regulation Supplement; Payment and 

Billing Instructions 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to improve payment and 

billing instructions in DoD contracts. 

This final rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS. 

DATES: Effective October 11, 2005. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Bill Sain, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0293; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D009. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective is to improve the 

efficiency and effectiveness of the 

acquisition process, while allowing the 

acquisition workforce the flexibility to 

innovate. The transformed DFARS will 

contain only requirements of law, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dars/ 

dfars/transformation/index.htm. 

This final rule is a result of the 

DFARS Transformation initiative. The 

DFARS changes include—

Æ Deletion of text at DFARS 204.201, 

204.202, 204.7103–2, 204.7104–2, 

204.7107, and 204.7108 addressing 

distribution of contracts and 

modifications; numbering of contract 

line items, subline items, and 

accounting classification references; and 

inclusion of payment instructions in 

contracts. Text on these subjects has 

been relocated to the new DFARS 

companion resource, Procedures, 

Guidance, and Information (PGI), 

available at http://www.acq.osd.mil/ 

dpap/dars/pgi. In addition, the related 

PGI text contains a menu of standard 

payment instructions from which the 

contracting officer will make a selection 

for inclusion in Section G of the 

contract. 

Æ Clarification of the definition of 

‘‘accounting classification reference 

number’’ at DFARS 204.7101. 

Æ Amendment of DFARS 204.7103–1 

to add text addressing contract type in 

the establishment of contract line items. 

Æ Amendment of DFARS 204.7106 to 

clarify that contract modifications 

decreasing the amount obligated shall 

not be issued unless sufficient 

unliquidated obligation exists or the 

purpose is to recover monies owed to 

the Government. 

Æ Addition of a clause addressing 

contract line item information needed in 

contractor payment requests. 

Æ Amendment of Material Inspection 

and Receiving Report instructions to 

address electronic submissions. 

DoD published a proposed rule at 69 

FR 35564 on June 25, 2004. Five sources 

submitted comments on the proposed 

rule. A discussion of the comments is 

provided below: 

1. Comment: The proposed text at 

DFARS 204.7103–1 should include 

labor-hour and/or time-and-materials 

line items. 

DoD Response: Concur. DFARS 

204.7103–1 has been expanded to 

include time-and-materials/labor-hour 

line items to ensure that proper 

payment is applied to each line item. 

Since a time-and-materials/labor-hour 

contract contains some elements of a 

fixed-price contract and some elements 

of a cost-reimbursement contract, 

specifying time-and-materials/laborhour line items will avoid potential 

confusion as to whether these are 

classified as fixed-price or costreimbursement. 

2. Comment: The proposed text at 

DFARS 204.7103–1 conflicts with the 

current text at DFARS 215.204–2(g). 

Recommend that the text at 215.204–

2(g) be deleted or revised to be 

consistent with the proposed text at 

204.7103–1. 

DoD Response: Concur. The final rule 

deletes the text at DFARS 215.204–2(g). 

3. Comment: Delete the proposed text 

at DFARS 204.7106(b)(3)(i) and (ii) 

concerning modification coordination 

and funding, because they are 

supplementing the wrong part. Per 

DFARS 204.7100, the scope of this 

subpart is to prescribe policies and 

procedures for assigning contract line 

item numbers. Further, it is 

recommended that the language not be 

included at all in the DFARS, because 

the text proposed at DFARS 

204.7106(b)(3)(i) increases the 

administrative burden on contracting 

officers by imposing coordination 

between the administrative contracting 

officer (ACO) and the procuring 

contracting officer (PCO) regardless of 

the authority already granted in the 

regulations (FAR 1.602–1; 42.302(a)), 

and any contracting officer may gain 

additional information through 

coordination with other offices or 

research on the numerous data bases 

(MOCAS, NAFI, EDA). Additionally, 

DFARS 204.7106(b)(3)(ii) reiterates the 

requirement for the contracting officer 

to ensure that sufficient funds are 

available before executing any 

contractual action (FAR 1.602–2(a), 

32.703, 43.105(a)) and the processes in 

Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Rules and Regulations 58981 

FAR Subpart 32.6 concerning contract 

debt and recovered monies owed to the 

Government. 

DoD Response: Do not concur. DoD 

believes it is important that both the 

PCO and the ACO are aware when the 

amount obligated will be decreased, 

since they both play integral roles in the 

contracting process. In some cases, the 

PCO may be planning to decrease an 

obligation on a contract line item, but 

the ACO may be aware that the items 

have been or are in the process of being 

delivered under that contract line item. 

Furthermore, negative obligations 

should only exist if the Government is 

owed monies, i.e., by recouping those 

monies the negative obligation will be 

eliminated. 

4. Comment: The wording of 

proposed DFARS 204.7109 would 

require the contracting officer to do a 

good deal of research and interpretation 

to apply correctly. Recommend 

simplification of the language at 

204.7109 to achieve the same objective 

with clearer, more easily applied criteria 

as follows: 

‘‘Use the clause at 252.204–7XXX, 

Billing Instructions, if: 

(a) The application of the payment 

instructions in Section G of the contract 

necessitates that the applicable contract 

line item numbers be identified on the 

contractor’s payment request, and 

(b) The contract does not otherwise 

require that either the payment request 

or the receiving report contain the 

applicable contract line item number 

(e.g., contract financing payments, 

public vouchers).’’

DoD Response: Do not concur. DoD 

believes that, if the Government will 

require the contractor to bill at the 

contract line item level, there should be 

a contract clause that specifically 

delineates this requirement. 

Furthermore, any requirement for the 

payment request to contain the 

applicable line item number should be 

in Section G of the contract. Adopting 

the respondent’s recommended 

language would imply that all payment 

instructions do not have to be included 

in Section G of the contract, which is 

contrary to the intent of this rule. 

5. Comment: The proposed text at 

DFARS 204.7109 requires contractors to 

identify the applicable contract line 

items when submitting requests for 

contract financing and interim 

payments under cost-reimbursement 

contracts for services. It is costprohibitive and, in some cases, 

impossible for contractors to track and 

bill progress payments based on costs at 

the contract line item level. It is 

believed that the authors of the payment 

and billing instructions addressed in the 

proposed PGI text recognized this 

problem, because the text proposed at 

PGI 204.7108(c)(4) provides that, for 

contracts that provide for progress 

payments based on costs, the 

contracting officer shall instruct the 

payment office to use paragraph (d)(11) 

instructions in accounting for the 

payment. Paragraph (d)(11) requires the 

payment office to make payment from 

each accounting classification reference 

number (ACRN) within the contract in 

the same proportion as the amount of 

funding unliquidated for each ACRN. If 

the payment office is directed to prorate 

payments, there is no reason for the 

contractor, in submitting progress 

billings, to break out payment requests 

by contract line item. Recommend that 

the reference in DFARS 204.7109(a), 

regarding the submission of a payment 

request for a contract financing 

payment, exclude payments on 

contracts that require progress payments 

based on costs. In addition, recommend 

revision of the proposed text at DFARS 

204.7109 to exclude all cost-type 

contracts, that are funded by a single 

appropriation, from the requirement to 

separately identify a payment amount 

for each contract line item included in 

the payment request. If contracts 

contain only one appropriation, there is 

no need to require contractors to bill at 

the line item level, regardless of the 

number of ACRNs that have been 

assigned to the contract. 

DoD Response: Concur in part. DoD 

recognizes the respondent’s concern 

that including a requirement for billing 

at the contract line item level may not 

be appropriate for certain fixed-price or 

cost-type contracts. However, the 

respondent’s recommended solution 

will not address this concern. 

Eliminating the requirement for a 

contract clause would not preclude a 

contracting officer from requiring a 

contractor to bill at the contract line 

item level for a particular contract. As 

previously noted, DoD believes that, if 

the Government requires the contractor 

to bill at the contract line item level, 

there should be a contract clause that 

specifically delineates this requirement. 

DoD believes the respondent has a 

valid concern regarding the 

circumstances under which billing at 

the contract line item level is required. 

When a contract uses standard payment 

options (d)(7) through (11) for a 

particular contract type, there is no need 

for the contractor to identify the 

contract line item for that particular 

contract type, since the allocations will 

be done on a contract-wide basis. 

However, the contractor will need to 

identify the contract line item on the 

payment request when the contract, for 

a particular contract type, uses standard 

payment options (d)(1) through (6) of 

PGI 204.7108, or requires contractor 

identification of the contract line item 

on the payment request through use of 

payment instruction (d)(12) of PGI 

204.7108. The final rule reflects this 

requirement. 

It is also important to note that a 

contractor should not be required to 

identify costs at the contract line item 

level if the contractor is simply going to 

use an allocation to identify such costs. 

In those cases where the contractor 

would simply be allocating the costs to 

obtain the contract line item billing, the 

contracting officer should select one of 

options (d)(7) through (11) (allocation at 

the contract level). This is preferable to 

the contractor allocating the costs to the 

contract line item level and having the 

payment office do a second allocation to 

the ACRN level. 

DoD also believes that a contractor 

should not be required to bill costs at 

the contract line item level unless there 

are significant benefits to the 

Government. Thus, the final PGI text 

has been revised to require contractor 

billing at the contract line item level 

only when the contracting officer 

documents in the contract file that such 

a requirement provides significant 

benefits to the Government. 

6. Comment: The proposed rule will 

have a significant impact on large and 

small contractors. The requirement 

proposed at DFARS 252.204–7XXX(a) 

for the specific identification of billing 

amounts by contract line item to ‘‘best 

reflect’’ costs will make it necessary for 

contractors to establish new systems 

and processes to provide more detailed 

reporting than that which is currently 

necessary on interim billings and 

financing submissions. Further, the lack 

of a definition for the term ‘‘best reflect 

contract work performance’’ will lead to 

the establishment of unattainable 

compliance requirements arising from 

inconsistent interpretations by different 

contracting and audit offices. This term 

will be inconsistently interpreted by 

contractors, contracting officers, 

payment officials, and DCAA auditors 

who evaluate contractor billing systems. 

Recommend elimination of paragraph 

(a) and that the entire billing 

instructions of DFARS 252.204–7XXX 

include the following language, most of 

which is excerpted from proposed 

paragraph (b): ‘‘When submitting a 

request for payment, the Contractor 

shall separately identify a payment 

amount for each contract line item that 

is included in the request.’’

DoD Response: Concur in part. DoD 

recognizes the concern regarding 

unattainable compliance requirements, 

58982 Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Rules and Regulations 

in particular the requirement to ‘‘best’’

reflect work performance. However, 

DoD believes that the contract payments 

should provide a reasonable reflection 

of the work performance that relates to 

each contract line item. Therefore, the 

final rule replaces the requirement for 

identified line items to ‘‘best’’ reflect 

work performance with a requirement 

for identified line items to ‘‘reasonably’’

reflect work performance. In addition, 

the final rule permits the contracting 

officer to require billing at the contract 

line item level only when it is 

determined that such a requirement 

provides significant benefits to the 

Government. DoD believes these 

revisions mitigate the concerns 

regarding any possible significant 

impact on small and large entities. 

7. Comment: The proposed invoice 

instructions at F–306(a) require 

electronic payment requests unless an 

exception in DFARS 232.7002 applies. 

The electronic invoicing exceptions in 

DFARS 232.7002 are not well-defined 

for all scenarios alluded to in 

232.7002(a)(6). This leads to 

inconsistent processing, wasted effort by 

all parties, and unnecessary delays in 

payment. Therefore, it is recommended 

that DoD work with industry to develop 

a clearly defined exception process for 

situations where electronic invoicing 

cannot be achieved. 

DoD Response: The recommendation 

is considered to be outside the scope of 

this case. However, the recommendation 

has been forwarded to the DoD office 

responsible for e-business matters. 

8. Comment: For payment purposes 

on cost-type contracts, the goal should 

be to establish the minimum number of 

line items and appropriations accounts 

required to satisfy applicable statutes. If 

contracts contain only one 

appropriation, both the billing and 

payment process can be highly 

automated and still meet statutory 

requirements. Only one ACRN should 

be assigned to the unique combination 

of a specific appropriation and program 

year, substantially reducing the current 

ACRN count. Additionally, the 

appropriation and/or the ACRN should 

be used as the sole basis for a payment 

on cost-type contracts (asset valuation 

can be established in unique 

identification and contract management 

can be achieved via Cost/Schedule 

Status / Earned Value Management 

reporting). Use of appropriation level 

billings, when required, would reduce 

the billing detail by over 80 percent 

when compared to contract line item/ 

ACRN level billing requirements. Also, 

the requirement to accumulate cost or 

even develop best/reasonable estimates 

should be used as a last resort to satisfy 

statutory requirements. Therefore, to 

adopt this approach, recommend that 

the PGI contain a list of billing 

instructions for the contractor to follow. 

DoD Response: Do not concur. DoD 

does not believe that the PGI text needs 

to include a list of billing instructions 

for the contractor to follow. There is no 

need for the contractor to allocate costs 

among contract line items when one of 

the payment options at PGI 

204.7108(d)(7) through (11) is selected, 

i.e., that function can be better 

performed by the payment office. 

Furthermore, DoD believes that a 

contractor should not be required to 

identify costs at the contract line item 

level if the contractor is simply going to 

use an allocation to identify such costs. 

In those cases where the contractor 

would simply be allocating the costs to 

obtain contract line item billing, the 

contracting officer should select one of 

options (d)(7) through (11) (allocation at 

the contract level). This is preferable to 

the contractor allocating the costs to the 

contract line item level and having the 

payment office do a second allocation to 

the ACRN level. 

9. Comment: The draft PGI text at 

204.201(3)(i)(D)(1) directs users to the 

Directory of DCAA offices available via 

the Internet at http://www.dcaa.mil/ 

directory.htm. The specific Web site 

address provided in the PGI is not 

current and should be updated. In 

addition, the text should include a 

reference to the DCAA cognizant field 

office locator, available at the same Web 

site. 

DoD Response: Concur. This change 

has been included in the final rule. 

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 has prepared a final regulatory 

flexibility analysis consistent with 5 

U.S.C. 604. The analysis is summarized 

as follows: 

This final rule amends the DFARS to 

improve payment and billing 

instructions in DoD contracts. The 

objective of the rule is to streamline 

payment procedures and ensure line 

item accountability in contractor 

payment requests. Based upon public 

comments, DoD has revised the rule to 

remove the requirement for contractor 

payment requests to identify the 

contract line items that ‘‘best’’ reflect 

work performance. Instead, the final 

rule includes a requirement for payment 

requests to identify the contract line 

items that ‘‘reasonably’’ reflect work 

performance. In addition, the final rule 

permits contracting officers to require 

contractor billing at the contract line 

item level only when it is determined 

that such a requirement provides 

significant benefits to the Government. 

DoD believes these revisions mitigate 

the concerns raised during the public 

comment period, and that the rule will 

have an overall beneficial impact on 

small entities. 

A copy of the analysis may be 

obtained from the point of contact 

specified herein. 

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 204, 

215, and 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 204, 215, 252, 

and Appendix F to Chapter 2 are 

amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 204, 215, 252, and Appendix F to 

subchapter I continues to read as 

follows: 

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

Chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 2. Section 204.201 is revised to read 

as follows: 

204.201 Procedures. 

Follow the procedures at PGI 204.201 

for the distribution of contracts and 

modifications. 

204.202 [Removed] 

■ 3. Section 204.202 is removed. 

■ 4. Section 204.7101 is amended by 

revising the definition of Accounting 

classification reference number (ACRN) 

to read as follows: 

204.7101 Definitions. 

Accounting classification reference 

number (ACRN) means any combination 

of a two position alpha/numeric code 

used as a method of relating the 

accounting classification citation to 

detailed line item information contained 

in the schedule. 

* * * * * 

■ 5. Section 204.7103–1 is amended by 

redesignating paragraphs (b) through (d) 

as paragraphs (d) through (f), 

respectively; and by adding new 

paragraphs (b) and (c) to read as follows: 

Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Rules and Regulations 58983 

204.7103–1 Criteria for establishing. 

* * * * * 

(b) All subline items and exhibit line 

items under one contract line item shall 

be the same contract type as the contract 

line item. 

(c) For a contract that contains a 

combination of fixed-price line items, 

time-and-materials/labor-hour line 

items, and/or cost-reimbursement line 

items, identify the contract type for each 

contract line item in Section B, Supplies 

or Services and Prices/Costs, to facilitate 

appropriate payment. 

* * * * * 

■ 6. Section 204.7103–2 is revised to 

read as follows: 

204.7103–2 Numbering procedures. 

Follow the procedures at PGI 

204.7103–2 for numbering contract line 

items. 

■ 7. Section 204.7104–2 is revised to 

read as follows: 

204.7104–2 Numbering procedures. 

Follow the procedures at PGI 

204.7104–2 for numbering contract 

subline items. 

■ 8. Section 204.7106 is amended by 

adding paragraph (b)(3) to read as 

follows: 

204.7106 Contract modifications. 

* * * * * 

(b) * * * 

(3) If the modification will decrease 

the amount obligated—

(i) There shall be coordination 

between the administrative and 

procuring contracting offices before 

issuance of the modification; and 

(ii) The contracting officer shall not 

issue the modification unless sufficient 

unliquidated obligation exists or the 

purpose is to recover monies owed to 

the Government. 

■ 9. Section 204.7107 is revised to read 

as follows: 

204.7107 Contract accounting 

classification reference number (ACRN). 

Follow the procedures at PGI 

204.7107 for assigning ACRNs. 

■ 10. Sections 204.7108 and 204.7109 

are added to read as follows: 

204.7108 Payment instructions. 

Follow the procedures at PGI 

204.7108 for inclusion of payment 

instructions in contracts. 

204.7109 Contract clause. 

Use the clause at 252.204–7006, 

Billing Instructions, in solicitations and 

contracts if Section G includes—

(a) Any of the standard payment 

instructions at PGI 204.7108(d)(1) 

through (6); or 

(b) Other payment instructions, in 

accordance with PGI 204.7108(d)(12), 

that require contractor identification of 

the contract line item(s) on the payment 

request. 

PART 215—CONTRACTING BY 

NEGOTIATION 

215.204–2 [Removed] 

■ 11. Section 215.204–2 is removed. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 12. Section 252.204–7006 is added to 

read as follows: 

252.204–7006 Billing Instructions. 

As prescribed in 204.7109, use the 

following clause: 

Billing Instructions (Oct 2005) 

When submitting a request for payment, 

the Contractor shall—

(a) Identify the contract line item(s) on the 

payment request that reasonably reflect 

contract work performance; and 

(b) Separately identify a payment amount 

for each contract line item included in the 

payment request. 

(End of clause) 

Appendix F—[Amended] 

■ 13. Appendix F to Chapter 2 is 

amended in Part 3 by revising section 

F–306 to read as follows: 

Appendix F—Material Inspection and 

Receiving Report 

* * * * * 

F–306 Invoice instructions. 

(a) Contractors shall submit payment 

requests in electronic form, unless an 

exception in 232.7002 applies. Contractor 

submission of the material inspection and 

receiving information required by this 

appendix by using the Wide Area WorkFlowReceipt and Acceptance electronic form (see 

paragraph (b)(1) of the clause at 252.232–

7003) fulfills the requirement for an MIRR. 

(b) If the contracting officer authorizes the 

contractor to submit an invoice in paper 

form, the Government encourages, but does 

not require, the contractor to use the MIRR 

as an invoice, in lieu of a commercial form. 

If commercial forms are used, identify the 

related MIRR shipment number(s) on the 

form. If using the MIRR as an invoice, 

prepare the MIRR and forward the required 

number of copies to the payment office as 

follows: 

(1) Complete Blocks 5, 6, 19, and 20. Block 

6 shall contain the invoice number and date. 

Column 20 shall be totaled. 

(2) Mark in letters approximately one inch 

high, first copy: ‘‘ORIGINAL INVOICE, for all 

invoice submissions; and three copies: 

‘‘INVOICE COPY,’’ when the payment office 

requires four copies. Questions regarding the 

appropriate number of copies (i.e., one or 

four) should be directed to the applicable 

payment office. 

(3) Forward the appropriate number of 

copies to the payment office (Block 12 

address), except when acceptance is at 

destination and a Navy finance office will 

make payment, forward to destination. 

(4) Be sure to separate the copies of the 

MIRR used as an invoice from the copies of 

the MIRR used as a receiving report. 

* * * * * 

[FR Doc. 05–20217 Filed 10–7–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 041126332–5039–02; I.D. 

100405D] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using trawl and jig gear to 

vessels using hook-and-line and pot gear 

in the BSAI. These actions are necessary 

to allow the 2005 total allowable catch 

(TAC) of Pacific cod to be harvested. 

DATES: Effective October 5, 2005, until 

2400 hours, A.l.t., December 31, 2005. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (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 2005 Pacific cod TAC in the BSAI 

is 190,550 metric tons (mt) as 

established by the 2005 and 2006 final 

harvest specifications for groundfish in 

the BSAI (70 FR 8979, February 24, 

2005). Pursuant to § 679.20(a)(7)(i)(A), 

3,811 mt was allocated to vessels using 

jig gear, 97,181 mt to vessels using 

hook-and-line or pot gear, and 89,559 

mt to vessels using trawl gear. The share 

of the Pacific cod TAC allocated to trawl 

gear was further allocated 50 percent to