Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57193 

252.229–7011 Reporting of Foreign 

Taxes—U.S. Assistance Programs. 

As prescribed in 229.170–4, use the 

following clause: 

Reporting of Foreign Taxes—U.S. Assistance 

Programs (SEP 2005) 

(a) Definition. Commodities, as used in this 

clause, means any materials, articles, 

supplies, goods, or equipment. 

(b) Commodities acquired under this 

contract shall be exempt from all value added 

taxes and customs duties imposed by the 

recipient country. This exemption is in 

addition to any other tax exemption provided 

through separate agreements or other means. 

(c) The Contractor shall inform the foreign 

government of the tax exemption, as 

documented in the Letter of Offer and 

Acceptance, country-to-country agreement, 

or interagency agreement. 

(d) If the foreign government or entity 

nevertheless imposes taxes, the Contractor 

shall promptly notify the Contracting Officer 

and shall provide documentation showing 

that the foreign government was apprised of 

the tax exemption in accordance with 

paragraph (c) of this clause. 

(e) The Contractor shall insert the 

substance of this clause, including this 

paragraph (e), in all subcontracts for 

commodities that exceed $500. 

(End of clause) 

[FR Doc. 05–19463 Filed 9–29–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 237 

[DFARS Case 2003–D042] 

Defense Federal Acquisition 

Regulation Supplement; Advisory and 

Assistance Services 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to the 

acquisition of advisory and assistance 

services. This rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS. 

EFFECTIVE DATE: September 30, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0326; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D042. 

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 

rule—

• Deletes the definition of ‘‘advisory 

and assistance services’’ at DFARS 

237.201. The definition is used 

primarily for budget reporting under 10 

U.S.C. 2212, and is adequately 

addressed in financial management 

regulations. 

• Deletes obsolete text on contracting 

for engineering and technical services at 

DFARS 237.203. This text was based on 

DoD Directive 1130.2, Engineering and 

Technical Sevices—Management 

Control, which was cancelled in 1990. 

• Deletes a reference listing of DoD 

publications that govern the conduct of 

audits at DFARS 237.270. This list has 

been relocated to the new DFARS 

companion resource, Procedures, 

Guidance, and Information (PGI). 

Additional information on PGI is 

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

dpap/dars/pgi. 

• Deletes obsolete text on 

management controls and requesting 

activity responsibilities at DFARS 

237.271 and 237.272. This text was 

based on OMB Circular A–120, 

Guidelines for the Use of Advisory and 

Assistance Services, which was 

rescinded in 1993. OMB Circular A–120 

was replaced by OFPP Policy Letter 93–

1, Management Oversight of Service 

Contracting, which is implemented in 

FAR Subpart 37.5. 

DoD published a proposed rule at 70 

FR 8562 on February 22, 2005. 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 the rule makes no significant 

change to DoD policy for the acquisition 

of advisory and assistance services. 

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 237 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR Part 237 is 

amended as follows: 

PART 237—SERVICE CONTRACTING 

■ 1. The authority citation for 48 CFR 

Part 237 continues to read as follows: 

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

Chapter 1. 

237.201 and 237.203 [Removed] 

■ 2. Sections 237.201 and 237.203 are 

removed. 

■ 3. Section 237.270 is revised to read 

as follows: 

237.270 Acquisition of audit services. 

(a) General policy. (1) Do not contract 

for audit services unless—

(i) The cognizant DoD audit 

organization determines that expertise 

required to perform the audit is not 

available within the DoD audit 

organization; or 

(ii) Temporary audit assistance is 

required to meet audit reporting 

requirements mandated by law or DoD 

regulation. 

(2) See PGI 237.270 for a list of DoD 

publications that govern the conduct of 

audits. 

(b) Contract period. Except in unusual 

circumstances, award contracts for 

recurring audit services for a 1-year 

period with at least 2 option years. 

(c) Approvals. Do not issue a 

solicitation for audit services unless the 

requiring activity provides evidence that 

the cognizant DoD audit organization 

has approved the statement of work. 

The requiring agency shall obtain the 

same evidence of approval for 

subsequent material changes to the 

statement of work. 

(d) Solicitation provisions and 

contract clauses. (1) Use the provision at 

57194 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

252.237–7000, Notice of Special 

Standards of Responsibility, in 

solicitations for audit services. 

(2) Use the clause at 252.237–7001, 

Compliance with Audit Standards, in 

solicitations and contracts for audit 

services. 

237.271 and 237.272 [Removed] 

■ 4. Sections 237.271 and 237.272 are 

removed. 

[FR Doc. 05–19458 Filed 9–29–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF TRANSPORTATION 

Research and Special Programs 

Administration 

49 CFR Part 192 

Damage Prevention Program 

CFR Correction 

In Title 49 of the Code of Federal 

Regulations, parts 186 to 199, revised as 

of October 1, 2004, on page 81, in 

§ 192.614 paragraph (c)(5) is corrected 

by removing the word ‘‘possible’’ and 

adding in its place the word ‘‘practical’’. 

[FR Doc. 05–55512 Filed 9–29–05; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 593 

[Docket No. NHTSA–2005–22233] 

List of Nonconforming Vehicles; 

Decided To Be Eligible for Importation 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Final rule. 

SUMMARY: This document revises the list 

of vehicles not originally manufactured 

to conform to the Federal motor vehicle 

safety standards (FMVSS) that NHTSA 

has decided to be eligible for 

importation. This list is contained in an 

appendix to the agency’s regulations 

that prescribe procedures for import 

eligibility decisions. The list has been 

revised to add all vehicles that NHTSA 

has decided to be eligible for 

importation since October 1, 2004, and 

to remove all previously listed vehicles 

that are now more than 25 years old and 

need no longer comply with all 

applicable FMVSS to be lawfully 

imported. NHTSA is required by statute 

to publish this list annually in the 

Federal Register. 

DATES: The revised list of import eligible 

vehicles is effective on September 30, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Coleman Sachs, Office of Vehicle Safety 

Compliance, NHTSA, (202) 366–3151. 

SUPPLEMENTARY INFORMATION: Under 49 

U.S.C. 30141(a)(1)(A), a motor vehicle 

that was not originally manufactured to 

conform to all applicable FMVSS shall 

be refused admission into the United 

States unless NHTSA has decided that 

the motor vehicle is substantially 

similar to a motor vehicle originally 

manufactured for importation into and 

sale in the United States, certified under 

49 U.S.C. 30115, and of the same model 

year as the model of the motor vehicle 

to be compared, and is capable of being 

readily altered to conform to all 

applicable FMVSS. Where there is no 

substantially similar U.S.-certified 

motor vehicle, 49 U.S.C. 30141(a)(1)(B) 

permits a nonconforming motor vehicle 

to be admitted into the United States if 

its safety features comply with, or are 

capable of being altered to comply with, 

all applicable FMVSS based on 

destructive test data or such other 

evidence as the Secretary of 

Transportation decides to be adequate. 

Under 49 U.S.C. 30141(a)(1), import 

eligibility decisions may be made ‘‘on 

the initiative of the Secretary of 

Transportation or on petition of a 

manufacturer or importer registered 

under [49 U.S.C. 30141(c)].’’ The 

Secretary’s authority to make these 

decisions has been delegated to NHTSA. 

The agency publishes notice of 

eligibility decisions as they are made. 

Under 49 U.S.C. 30141(b)(2), a list of 

all vehicles for which import eligibility 

decisions have been made must be 

published annually in the Federal 

Register. On October 1, 1996, NHTSA 

added the list as an appendix to 49 CFR 

Part 593, the regulations that establish 

procedures for import eligibility 

decisions (61 FR 51242). As described 

in the notice, NHTSA took that action 

to ensure that the list is more widely 

disseminated to government personnel 

who oversee vehicle imports and to 

interested members of the public. See 61 

FR 51242–43. In the notice, NHTSA 

expressed its intention to annually 

revise the list as published in the 

appendix to include any additional 

vehicles decided by the agency to be 

eligible for importation since the list 

was last published. See 61 FR 51243. 

The agency stated that issuance of the 

document announcing these revisions 

will fulfill the annual publication 

requirements of 49 U.S.C. 30141(b)(2). 

Ibid. 

Regulatory Analyses and Notices 

A. Executive Order 12866, Regulatory 

Planning and Review 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993), provides for making 

determinations about whether a 

regulatory action is ‘‘significant’’ and 

therefore subject to Office of 

Management and Budget (OMB) review 

and to the requirements of the Executive 

Order. The Order defines a ‘‘significant 

regulatory action’’ as one that is likely 

to result in a rule that may: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy, a sector of the economy, 

productivity, competition, jobs, the 

environment, public health or safety, or 

State, local, or tribal governments or 

communities; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impact of entitlements, grants, user fees, 

or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. This 

rule will not have any of these effects 

and was not reviewed under Executive 

Order 12866. It is not significant within 

the meaning of the DOT Regulatory 

Policies and Procedures. The effect of 

this rule is not to impose new 

requirements but to provide a summary 

compilation of decisions on import 

eligibility that have already been made 

and does not involve new decisions. 

This rule will not impose any additional 

burden on any person. The agency 

believes that this impact is minimal and 

does not warrant the preparation of a 

regulatory evaluation. 

B. Environmental Impacts 

We have not conducted an evaluation 

of the impacts of this rule under the 

National Environmental Policy Act. 

This rule does not impose any change 

that would result in any impacts to the 

quality of the human environment. 

Accordingly, no environmental 

assessment is required. 

C. Regulatory Flexibility Act 

Pursuant to the Regulatory Flexibility 

Act, we have considered the impacts of 

this rule on small entities (5 U.S.C. 601 

et seq.). I certify that this rule will not 

have a significant economic impact 

upon a substantial number of small 

entities within the context of the 

Regulatory Flexibility Act. The