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 

58984 Federal Register / Vol. 70, No. 195 / Tuesday, October 11, 2005 / Rules and Regulations 

catcher vessels and 50 percent to 

catcher/processor vessels 

(§ 679.20(a)(7)(i)(B)). The share of the 

Pacific cod TAC allocated to hook-andline or pot gear was further allocated 80 

percent to catcher/processor vessels 

using hook-and-line gear; 0.3 percent to 

catcher vessels using hook-and-line 

gear; 3.3 percent to catcher/processor 

vessels using pot gear; 15 percent to 

catcher vessels using pot gear; and 1.4 

percent to catcher vessels less than 60 

ft (18.3 meters (m)) length overall (LOA) 

that use either hook-and-line or pot gear 

(§ 679.20(a)(7)(i)(C)). 

On April 13, 2005, 1,150 mt of Pacific 

cod from the A season apportionment of 

the jig gear allocation was reallocated to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear (70 

FR 19708, April 14, 2005). On May 17, 

2005, 350 mt of Pacific cod from the B 

season apportionment of the jig gear 

allocation was reallocated to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear (70 FR 

28486, May 18, 2005). On August 5, 

2005, an additional 500 mt of Pacific 

cod from the B season apportionment of 

the jig gear allocation was reallocated to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear (70 

FR 46436, August 10, 2005). 

As of September 23, 2005, the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that trawl catcher/processor 

vessels will not be able to harvest 9,273 

mt and trawl catcher vessels will not be 

able to harvest 8,689 mt of Pacific cod 

allocated to those vessels under 

§ 679.20(a)(7)(i)(B). Therefore, in 

accordance with § 679.20(a)(7)(ii)(C)(2), 

NMFS apportions 17,962 mt of Pacific 

cod from trawl gear to catcher/processor 

vessels using hook-and-line gear and 

vessels using pot gear. 

The Regional Administrator has also 

determined that vessels using jig gear 

will not harvest 1,611 mt of their Pacific 

cod allocation by the end of the year. 

Also, catcher vessels less than 60 feet 

(18.3 m) LOA using hook-and-line or 

pot gear will not be able to harvest any 

additional Pacific cod. Therefore, in 

accordance with § 679.20(a)(7)(ii)(C)(1) 

and § 679.20(a)(7)(ii)(B), NMFS is 

reallocating the unused amount of 1,611 

mt of Pacific cod allocated to vessels 

using jig gear to catcher/processor 

vessels using hook-and-line gear. 

The harvest specifications for Pacific 

cod included in the harvest 

specifications for groundfish in the 

BSAI (70 FR 8979, February 24, 2005) 

are revised as follows: 200 mt to vessels 

using jig gear, 96,019 mt to catcher/ 

processor vessels using hook-and-line 

gear, 15,238 mt to catcher vessels using 

pot gear, 3,352 mt to catcher/processor 

vessels using pot gear, 35,506 mt to 

catcher/processor vessels using trawl 

gear, and 36,090 mt to catcher vessels 

using trawl gear. 

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 the reallocation of projected 

unused amounts of Pacific cod in the 

BSAI. NMFS was unable to publish an 

action providing time for public 

comment because the most recent, 

relevant data only became available as 

of September 23, 2005. 

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. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: October 4, 2005. 

Alan D. Risenhoover, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 05–20343 Filed 10–5–05; 2:19 pm] 

BILLING CODE 3510–22–S