        DEPARTMENT OF TRANSPORTATION
        National Highway Traffic Safety Administration
        49 CFR Part 541
        [Docket No. NHTSA 2005-20278]
        RIN 2127-AJ53
        Preliminary Theft Data; Motor Vehicle Theft Prevention Standard

          AGENCY:
          National Highway Traffic Safety Administration (NHTSA), Department of Transportation.

          ACTION:
          Publication of preliminary theft data; request for comments.

          SUMMARY:
          This document requests comments on data about passenger motor vehicle thefts that occurred in calendar year (CY) 2003 including theft rates for existing passenger motor vehicle lines manufactured in model year (MY) 2003. The preliminary theft data indicate that the vehicle theft rate for CY/MY 2003 vehicles (1.84 thefts per thousand vehicles) decreased by 26.1 percent from the theft rate for CY/MY 2002 vehicles (2.49 thefts per thousand vehicles).
          Publication of these data fulfills NHTSA's statutory obligation to periodically obtain accurate and timely theft data, and publish the information for review and comment.

          DATES:
          Comments must be submitted on or before May 2, 2005.

          ADDRESSES:
          You may submit comments [identified by DOT Docket No. NHTSA-2005-20278 and or RIN number 2127-AJ53] by any of the following methods:
          • Web site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site.
          • Fax: 1-202-493-2251.
          • Mail: Docket Management Facility; U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-001.
          • Hand Delivery: Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.
          • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments.

            Instructions: All submissions must include the agency name and docket number or Regulatory Identification Number (RIN) for this rulemaking. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change to http://dms.dot.gov including any personal information provided. Please see the Privacy Act heading under Regulatory Notices.

            Docket: For access to the docket to read background documents or comments received, go to http://dms.dot.gov at any time or to Room PL-401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays.

          FOR FURTHER INFORMATION CONTACT:
          Ms. Deborah Mazyck, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, 400 Seventh Street, SW., Washington, DC 20590. Ms. Mazyck's telephone number is (202) 366-0846. Her fax number is (202) 493-2290.

        SUPPLEMENTARY INFORMATION:
        NHTSA administers a program for reducing motor vehicle theft. The central feature of this program is the Federal Motor Vehicle Theft Prevention Standard, 49 CFR part 541. The standard specifies performance requirements for inscribing or affixing vehicle identification numbers (VINs) onto certain major original equipment and replacement parts of high-theft lines of passenger motor vehicles.
        The agency is required by 49 U.S.C. 33104(b)(4) to periodically obtain, from the most reliable source, accurate and timely theft data, and publish the data for review and comment. To fulfill the § 33104(b)(4) mandate, this document reports the preliminary theft data for CY 2003 the most recent calendar year for which data are available.
        In calculating the 2003 theft rates, NHTSA followed the same procedures it used in calculating the MY 2002 theft rates. (For 2002 theft data calculations, see 69 FR 53354, September 1, 2004). As in all previous reports, NHTSA's data were based on information provided to the agency by the National Crime Information Center (NCIC) of the Federal Bureau of Investigation. The NCIC is a governmental system that receives vehicle theft information from nearly 23,000 criminal justice agencies and other law enforcement authorities throughout the United States. The NCIC data also include reported thefts of self-insured and uninsured vehicles, not all of which are reported to other data sources. The 2003 theft rate for each vehicle line was calculated by dividing the number of reported thefts of MY 2003 vehicles of that line stolen during calendar year 2003, by the total number of vehicles in that line manufactured for MY 2003, as reported by manufacturers to the Environmental Protection Agency.
        The preliminary 2003 theft data show a decrease in the vehicle theft rate when compared to the theft rate experienced in CY/MY 2002. The preliminary theft rate for MY 2003 passenger vehicles stolen in calendar year 2003 decreased to 1.84 thefts per thousand vehicles produced, a decrease of 26.1 percent from the rate of 2.49 thefts per thousand vehicles experienced by MY 2002 vehicles in CY 2002. For MY 2003 vehicles, out of a total of 217 vehicle lines, 21 lines had a theft rate higher than 3.5826 per thousand vehicles, the established median theft rate for MYs 1990/1991 (See 59 FR 12400, March 16, 1994). Of the 21 vehicle lines with a theft rate higher than 3.5826, 18 are passenger car lines, 2 are multipurpose passenger vehicle lines, and one is a light-duty truck line.

        In Table I, NHTSA has tentatively ranked each of the MY 2003 vehicle lines in descending order of theft rate. Public comment is sought on the accuracy of the data, including the data for the production volumes of individual vehicle lines.
        Comments must not exceed 15 pages in length (49 CFR 553.21). Attachments may be appended to these submissions without regard to the 15 page limit. This limitation is intended to encourage commenters to detail their primary arguments in a concise fashion.
        If a commenter wishes to submit certain information under a claim of confidentiality, three copies of the complete submission, including purportedly confidential business information, should be submitted to the Chief Counsel, NHTSA, at the street address given above, and two copies from which the purportedly confidential information has been deleted should be submitted to Dockets. A request for confidentiality should be accompanied by a cover letter setting forth the information specified in the agency's confidential business information regulation. 49 CFR part 512.
        All comments received before the close of business on the comment closing date indicated above for this document will be considered, and will be available for examination in the docket at the above address both before and after that date. To the extent possible, comments filed after the closing date will also be considered. Comments on this document will be available for inspection in the docket. NHTSA will continue to file relevant information as it becomes available for inspection in the docket after the closing date, and it is recommended that interested persons continue to examine the docket for new material.
        Those persons desiring to be notified upon receipt of their comments in the rules docket should enclose a self-addressed, stamped postcard in the envelope with their comments. Upon receiving the comments, the docket supervisor will return the postcard by mail.
        Privacy Act

        Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.

          Authority:
          49 U.S.C. 33101, 33102 and 33104; delegation of authority at 49 CFR 1.50.

          Preliminary Report of Theft Rates for Model Year 2003 Passenger Motor Vehicles Stolen in Calendar Year 2003

            Manufacturer
            Make/model (line)
            Thefts 2003
            Production (Mfr's) 2003
            2003 theft rate (per 1,000
              vehicles
              produced)

            1 DAIMLERCHRYSLER
            DODGE STRATUS
            682
            62,496
            10.9127

            2 DAIMLERCHRYSLER
            DODGE INTREPID
            392
            40,366
            9.7111

            3 MITSUBISHI
            MONTERO
            94
            13,604
            6.9097

            4 MITSUBISHI
            DIAMANTE
            57
            9,981
            5.7109

            5 TOYOTA
            TUNDRA PICKUP
            162
            28,981
            5.5899

            6 DAIMLERCHRYSLER
            SEBRING
            180
            35,599
            5.0563

            7 MITSUBISHI
            MONTERO SPORT
            174
            35,508
            4.9003

            8 MITSUBISHI
            GALANT
            468
            97,418
            4.8040

            9 JAGUAR
            XJR
            4
            845
            4.7337

            10 DAIMLERCHRYSLER
            DODGE NEON
            590
            127,902
            4.6129

            11 DAIMLERCHRYSLER
            CHRYSLER SEBRING CONVERTIBLE
            61
            13,337
            4.5737

            12 DAIMLERCHRYSLER
            CHRYSLER CONCORDE
            61
            13,690
            4.4558

            13 DAIMLERCHRYSLER
            CHRYSLER 300M
            61
            13,719
            4.4464

            14 SUZUKI
            AERIO
            150
            33,931
            4.4207

            15 FORD MOTOR CO
            FORD MUSTANG
            598
            143,823
            4.1579

            16 NISSAN
            SENTRA
            293
            71,734
            4.0845

            17 GENERAL MOTORS
            OLDSMOBILE ALERO
            333
            86,229
            3.8618

            18  MITSUBISHI
            LANCER
            283
            75,585
            3.7441

            19 JAGUAR
            XK8
            8
            2,151
            3.7192

            20 VOLVO
            S40
            111
            3,014
            3.6496

            21 MITSUBISHI
            ECLIPSE
            333
            92,062
            3.6171

            22 GENERAL MOTORS
            PONTIAC GRAND PRIX
            249
            70,395
            3.5372

            23 DAIMLERCHRYSLER
            CHRYSLER VOYAGER VAN
            72
            20,642
            3.4880

            24 NISSAN
            MAXIMA
            211
            62,537
            3.3740

            25 GENERAL MOTORS
            CHEVROLET MONTE CARLO
            228
            67,610
            3.3723

            26 BMW
            M3
            30
            8,964
            3.3467

            27 GENERAL MOTORS
            PONTIAC GRAND AM
            450
            145,150
            3.1002

            28 FORD MOTOR CO.
            LINCOLN LS
            72
            23,472
            3.0675

            29 HONDA
            S2000
            24
            7,8623
            3.0527

            30 SUZUKI
            VITARA/GRAND
            108
            35,437
            3.0477

            31 KIA MOTORS
            OPTIMA
            70
            23,340
            2.9991

            32 DAIMLERCHRYSLER
            DODGE CARAVAN/GRAND CARAVAN
            725
            248,733
            2.9148

            33 GENERAL MOTORS
            CHEVROLET CAVALIER
            633
            218,340
            2.8991

            34 SUBARU
            IMPREZA
            67
            23,333
            2.8715

            35 TOYOTA
            ECHO
            101
            35,276
            2.8631

            36 GENERAL MOTORS
            CHEVROLET MALIBU
            507
            179,565
            2.8235

            37 GENERAL MOTORS
            CHEVROLET BLAZER S10/T10
            152
            54,165
            2.8062

            38 MERCEDES-BENZ
            215 (CL-CLASS)
            9
            3,214
            2.8002

            39 BMW
            M5
            5
            1,902
            2.6288

            40 NISSAN
            ALTIMA
            591
            225,388
            2.6221

            41 JAGUAR
            XJ8
            10
            3,816
            2.6205

            42 VOLVO
            C70
            4
            1,540
            2.5974

            43 GENERAL MOTORS
            BUICK REGAL
            89
            35,374
            2.5160

            44 KIA MOTORS
            SPECTRA
            176
            71,249
            2.4702

            45 GENERAL MOTORS
            BUICK CENTURY
            363
            148,506
            2.4443

            46 JAGUAR
            S-TYPE
            55
            22,608
            2.4328

            47 TOYOTA
            LEXUS SC
            26
            10,800
            2.4074

            48 FORD MOTOR CO.
            LINCOLN TOWN CAR
            180
            75,624
            2.3802

            49 TOYOTA
            COROLLA
            786
            330,244
            2.3801

            50 FORD MOTOR CO.
            FORD FOCUS
            610
            257,453
            2.3694

            51 HYUNDAI
            ACCENT
            120
            51,425
            2.3335

            52 NISSAN
            350Z
            92
            39,448
            2.3322

            53 TOYOTA
            CELICA
            42
            18,062
            2.3253

            54 GENERAL MOTORS
            SATURN LS
            164
            71,082
            2.3072

            55 DAIMLERCHRYSLER
            CHRYSLER PT CRUISER
            272
            118,798
            2.2896

            56 HONDA
            ACURA 3.2 CL
            37
            16,327
            2.2662

            57 FORD MOTOR CO.
            FORD TAURUS
            757
            334,329
            2.2642

            58 GENERAL MOTORS
            PONTIAC SUNFIRE
            85
            37,813
            2.2479

            59 BMW
            7
            46
            21,387
            2.1508

            60 HYUNDAI
            TIBURON
            87
            40,830
            2.1308

            61 TOYOTA
            LEXUS IS
            30
            14,445
            2.0768

            62 FORD MOTOR CO.
            MERCURY MOUNTAINEER
            95
            45,950
            2.0675

            63 GENERAL MOTORS
            CHEVROLET CORVETTE
            68
            33,118
            2.0533

            64 GENERAL MOTORS
            CADILLAC DEVILLE
            157
            77,703
            2.0205

            65 HYUNDAI
            XG
            18
            8,942
            2.0130

            66 HONDA
            ACURA RSX
            51
             26,035
            1.9589

            67 KIA MOTORS
            RIO
            86
            44,120
            1.9492

            68 MAZDA
            PROTÉGÉ
            164
            84,404
            1.9430

            69 GENERAL MOTORS
            CADILLAC SEVILLE
            36
            18,627
            1.9327

            70 GENERAL MOTORS
            PONTIAC BONNEVILLE
            67
            34,675
            1.9322

            71 MITSUBISHI
            OUTLANDER
            93
            48,273
            1.9265

            72 FORD MOTOR CO.
            MERCURY SABLE
            123
            64,477
            1.9077

            73 DAIMLERCHRYSLER
            JEEP LIBERTY
            331
            177,461
            1.8652

            74 NISSAN
            INFINITI QX4
            14
            7,766
            1.8027

            75 MERCEDES-BENZ
            220 (S-CLASS)
            37
            20,679
            1.7893

            76 TOYOTA
            MATRIX
            153
            87,440
            1.7498

            77 DAIMLERCHRYSLER
            CHRYSLER TOWN & COUNTRY
            216
            123,575
            1.7479

            78 GENERAL MOTORS
            GMC SONOMA PICKUP
            71
            41,164
            1.7248

            79 HYUNDAI
            SONATA
            129
            77,468
            1.6652

            80 DAIMLERCHRYSLER
            JEEP GRAND CHEROKEE
            190
            114,736
            1.6560

            81 MERCEDES-BENZ
            129 (SL-CLASS)
            34
            20,685
            1.6437

            82 GENERAL MOTORS
            CHEVROLET IMPALA
            404
            248,078
            1.6285

            83 FORD MOTOR CO.
            FORD EXPLORER
            537
            332,158
            1.6167

            84 HYUNDAI
            ELANTRA
            210
            130,031
            1.6150

            85 VOLVO
            S60
            31
            19,532
            1.5871

            86 FORD MOTOR CO.
            FORD ESCAPE
            240
            151,770
            1.5813

            87 AUDI
            A8
            1
            643
            1.5552

            88 NISSAN
            FRONTIER PICKUP
            105
            68,372
            1.5357

            89 VOLVO
            S80
            12
            7,927
            1.5138

            90 TOYOTA
            CAMRY/SOLARA
            617
            408,093
            1.5119

            91 GENERAL MOTORS
            PONTIAC AZTEK
            44
            29,564
            1.4883

            92 KIA MOTORS
            SORENTO
            63
            42,837
            1.4707

            93 FORD MOTOR CO.
            FORD RANGER PICKUP
            331
            226,132
            1.4637

            94 DAIMLERCHRYSLER
            JEEP WRANGLER
            94
            64,343
            1.4609

            95 DAIMLERCHRYSLER
            DODGE DAKOTA PICKUP
            31
            21,582
            1.4364

            96 FORD MOTOR CO.
            FORD CROWN VICTORIA
            58
            41,637
            1.3930

            97 NISSAN
            INFINITI I35
            24
            17,334
            1.3846

            98 HONDA
            ACURA 3.5 RL
            4
            2,903
            1.3779

            99 TOYOTA
            LEXUS GS
            20
            14,555
            1.3741

            100 GENERAL MOTORS
            CHEVROLET S10/T10 PICKUP
            218
            159,920
            1.3632

            101 NISSAN
            INFINITI G35
            111
            81,505
            1.3619

            102 TOYOTA
            TACOMA PICKUP
            209
            157,182
            1.3297

            103 FORD MOTOR CO.
            FORD ESCORT
            28
            21,162
            1.3231

            104 TOYOTA
            4RUNNER
            133
            101,254
            1.3135

            105 MAZDA
            6
            72
            54,829
            1.3132

            106 GENERAL MOTORS
            CHEVROLET TRACKER
            54
            41,730
            1.2940

            107 TOYOTA
            RAV4
            100
            77,319
            1.2933

            108 GENERAL MOTORS
            OLDSMOBILE BRAVADA
            11
            8,642
            1.2729

            109 PORSCHE
            BOXSTER
            10
            7,880
            1.2690

            110 GENERAL MOTORS
            GMC SAFARI VAN
            11
            8,738
            1.2589

            111 GENERAL MOTORS
            PONTIAC VIBE
            88
            69,941
            1.2582

            112 HONDA
            CIVIC
            369
            300,485
            1.2280

            113 VOLKSWAGEN
            GOLF/GTI
            41
            34,049
            1.2041

            114 FORD MOTOR CO.
            MERCURY GRAND MARQUIS
            127
            105,615
            1.2025

            115 HONDA
            ACCORD
            499
            427,660
            1.1668

            116 GENERAL MOTORS
            CHEVROLET ASTRO VAN
            38
            32,687
            1.1625

            117 TOYOTA
            PRIUS
            16
            13,826
            1.1572

            118 NISSAN
            XTERRA
            87
            75,351
            1.1546

            119 TOYOTA
            MR2 SPYDER
            6
            5,209
            1.1519

            120 ISUZU
            ASCENDER
            4
            3,476
            1.1507

            121 VOLKSWAGEN
            JETTA
            171
            148,729
            1.1497

            122 NISSAN
            PATHFINDER
            56
            48,772
            1.1482

            123 JAGUAR
            XKR
            1
            880
            1.1364

            124 HONDA
            ACURA 3.2 TL
            105
            93,899
            1.1182

            125 GENERAL MOTORS
            CHEVROLET TRAILBLAZER
            205
            194,427
            1.0544

            126 AUDI
            A6/A6 QUATTRO/S6/AVANT
            18
            17,116
            1.0516

            127 ISUZU
            AXIOM
            4
            3,848
            1.0395

            128 MERCEDES-BENZ
            203 (C-CLASS)
            65
            63,327
            1.0264

            129 GENERAL MOTORS
            CADILLAC CTS
            69
            68,264
            1.0108

            130 LAND ROVER
            FREELANDER
            10
            9,985
            1.0015

            131 NISSAN
            INFINITI Q45
            3
            3,034
            0.9888

            132 MAZDA
            B SERIES PICKUP
            19
            19,342
            0.9823

            133 AUDI
            TT
            6
            6,138
            0.9775

            134 TOYOTA
            LEXUS ES
            60
            61,512
            0.9754

            135 MERCEDES-BENZ
            210 (E-CLASS)
            61
            62,547
            0.9753

            136 NISSAN
            INFINITI M45
            6
            6,402
            0.9372

            137 FORD MOTOR CO.
            FORD EXPLORER SPORT TRAC
            58
            62,059
            0.9346

            138 TOYOTA
            LEXUS LS
            20
            21,592
            0.9263

            139 TOYOTA
            LEXUS GX
            21
            22,932
            0.9158

            140 NISSAN
            MURANO
            50
            54,632
            0.9152

            141 BMW
            5
            36
            39,342
            0.9151

            142 FORD MOTOR CO.
            FORD WINDSTAR VAN
            134
            148,016
            0.9053

            143 PORSCHE
            911
            9
            10,027
            0.8976

            144 BMW
            3
            90
            100,589
            0.8947

            145 JAGUAR
            X-TYPE
            27
            30,483
            0.8857

            146 VOLVO
            XC70
            8
            9,175
            0.8719

            147 TOYOTA
            AVALON
            59
            68,872
            0.8567

            148 GENERAL MOTORS
            GMC ENVOY
            71
            83,069
            0.8547

            149 KIA MOTORS
            SEDONA VAN
            44
            51,515
            0.8541

            150 VOLKSWAGEN
            PASSAT
            89
            105,230
            0.8458

            151 GENERAL MOTORS
            OLDSMOBILE AURORA
            3
            3,550
            0.8451

            152 AUDI
            A4/A4 QUATTRO
            40
            47,520
            0.8418

            153 GENERAL MOTORS
            CHEVROLET VENTURE VAN
            80
            96,022
            0.8331

            154 ISUZU
            RODEO
            11
            13,625
            0.8073

            155 MAZDA
            MX-5 MIATA
            10
            12,458
            0.8027

            156 HYUNDAI
            SANTA FE
            79
            98,515
            0.8019

            157 MERCEDES-BENZ
            208 (CLK-CLASS)
            25
            31,560
            0.7921

            158 JAGUAR
            VANDEN PLAS/SUPER V8
            1
            1,26 5
            0.7905

            159 GENERAL MOTORS
            BUICK LESABRE
            97
            124,342
            0.7801

            160 TOYOTA
            SIENNA VAN
            33
            42,688
            0.7731

            161 GENERAL MOTORS
            SATURN ION
            73
            96,382
            0.7574

            162 FORD MOTOR CO.
            FORD THUNDERBIRD
            10
            13,948
            0.7169

            163 MAZDA
            TRIBUTE
            33
            47,099
            0.7007

            164 GENERAL MOTORS
            PONTIAC MONTANA VAN
            32
            45,936
            0.6966

            165 HONDA
            ELEMENT
            51
            75,457
            0.6759

            166 HONDA
            ACURA MDX
            36
            55,826
            0.6449

            167 TOYOTA
            LEXUS RX
            22
            34,745
            0.6332

            168 GENERAL MOTORS
            BUICK RENDEZVOUS
            42
            67,239
            0.6246

            169 TOYOTA
            HIGHLANDER
            77
            128,157
            0.6008

            170 GENERAL MOTORS
            OLDSMOBILE SILHOUETTE VAN
            11
            18,330
             0.6001

            171 VOLKSWAGEN
            NEW BEETLE
            35
            58,891
            0.5943

            172 HONDA
            PILOT
            71
            123,095
            0.5768

            173 GENERAL MOTORS
            SATURN VUE
            58
            109,455
            0.5299

            174 BMW
            Z4
            12
            24,198
            0.4959

            175 VOLVO
            XC90
            6
            12,404
            0.4837

            176 VOLVO
            V70
            3
            6,242
            0.4806

            177 GENERAL MOTORS
            BUICK PARK AVENUE
            14
            29,309
            0.4777

            178 SUBARU
            BAJA
            7
            14,966
            0.4677

            179 SAAB
            9-5
            7
            15,159
            0.4618

            180 NISSAN
            INFINITI FX35
            8
            17,691
            0.4522

            181 BMW
            MINI COOPER
            15
            33,255
            0.4511

            182 HONDA
            CR-V
            61
            140,449
            0.4343

            183 SAAB
            9-3
            13
            33,653
            0.3863

            184 SUBARU
            LEGACY/OUTBACK
            30
            84,858
            0.3535

            185 VOLVO
            V40
            3
            9,155
            0.3277

            186 SUBARU
            FORESTER
            21
            65,691
            0.3197

            187 MERCEDES-BENZ
            170 (SLK-CLASS)
            2
            6,526
            0.3065

            188 MAZDA
            MPV VAN
            10
            33,563
            0.2979

            189 HONDA
            ODYSSEY VAN
            48
            165,197
            0.2906

            190 GENERAL MOTORS
            SATURN LW
            2
            7,251
            0.2758

            191 NISSAN
            INFINITI FX45
            2
            7,743
            0.2583

            192 ASTON MARTIN
            VANQUISH
            0
            286
            0.0000

            193 ASTON MARTIN
            VANTAGE
            0
            399
            0.0000

            194 AUDI
            ALLROAD QUATTRO
            0
            5,256
            0.0000

            195 AUDI
            RS6
            0
            1,436
            0.0000

            196 AUDI
            S8
            0
            301
            0.0000

            197 BMW
            Z8
            0
            539
            0.0000

            198 DAIMLERCHRYSLER
            DODGE VIPER
            0
            1,707
            0.0000

            199 FERRARI
            360
            0
            885
            0.0000

            200 FERRARI
            456
            0
            32
            0.0000

            201 FERRARI
            575M
            0
            167
            0.0000

            202 FERRARI
            ENZO
            0
            102
            0.0000

            203 GENERAL MOTORS
            CADILLAC FUNERAL COACH/HEARSE
            0
            988
            0.0000

            204 GENERAL MOTORS
            CADILLAC LIMOUSINE
            0
            692
            0.0000

            205 HONDA
            ACURA NSX
            0
            176
            0.0000

            206 HONDA
            INSIGHT
            0
            1,011
            0.0000

            207 JAGUAR
            XJS
            0
            594
            0.0000

            208 LAMBORGHINI
            MURCIELAGO
            0
            75
            0.0000

            209 LOTUS
            ESPRIT
            0
            96
            0.0000

            210 MASERATI
            COUPE/SPYDER
            0
            408
            0.0000

            211 MITSUBISHI
            NATIVA 1

            0
            470
            0.0000

            212 QUANTUM TECH
            CHEVROLET CAVALIER
            0
            313
            0.0000

            213 ROLLS ROYCE
            BENTLEY
            0
            2
            0.0000

            214 ROLLS ROYCE
            BENTLEY ARNAGE
            0
            107
            0.0000

            215 ROLLS ROYCE
            BENTLEY AZURE
            0
            35
            0.0000

            216 ROLLS ROYCE
            CONTINENTAL R
            0
            1
            0.0000

            217 VOLKSWAGEN
            EUROVAN/CAMPER
            0
            4,662
            0.0000

            1 This vehicle was manufactured for sale only in Puerto Rico and represents the U.S. version of Mitsubishi's Montero Sport line.

          Issued on: February 18, 2005.
          Stephen R. Kratzke,
          Associate Administrator for Rulemaking.

      [FR Doc. 05-3987 Filed 3-1-05; 8:45 am]
      BILLING CODE 4910-59-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 660
        [Docket No. 100830407-0410-02]
        RIN 0648-XY51
        Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications

          AGENCY:
           National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
           Proposed rule.

          SUMMARY:
           NMFS proposes a regulation to implement the annual harvest guideline (HG) for Pacific mackerel in the U.S. exclusive economic zone (EEZ) off the Pacific coast. This HG is proposed according to the regulations implementing the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP) and establishes allowable harvest levels for Pacific mackerel off the Pacific coast. The proposed total HG for the 2010-2011 fishing year is 11,000 metric tons (mt) and is proposed to be divided into a directed fishery HG of 8,000 mt and an incidental fishery of 3,000 mt.

          DATES:
           Comments must be received by October 18, 2010.

          ADDRESSES:
          You may submit comments on this proposed rule identified by 0648-XY51 by any one of the following methods:

          • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov

          • Mail: Rodney R. McInnis, Regional Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802.

          • Fax: (562)980-4047, Att: Amber Morris

          Instructions: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.
          NMFS will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous). You may submit attachments to electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
          Copies of the report Pacific Mackerel (Scomber japonicus) Stock Assessment for U.S. Management in the 2009-2010 Fishing Year may be obtained from the Southwest Regional Office (see ADDRESSES).

          FOR FURTHER INFORMATION CONTACT:
           Amber Morris, Southwest Region, NMFS, (562) 980-3231.

        SUPPLEMENTARY INFORMATION:
        The CPS FMP, which is implemented by regulation at 50 CFR part 660, subpart I, divides management unit species into two categories: actively managed and monitored. The HGs for actively managed species (Pacific sardine and Pacific mackerel) are based on formulas applied to current biomass estimates.

        The biomass and harvest specifications for each actively managed species within the CPS FMP are reviewed every year by the Pacific Fishery Management Council (Council) at their public meetings. The Scientific and Statistical Committee's (SSC) CPS Subcommittee, the Coastal Pelagic Species Management Team (Team) and the Council's Coastal Pelagic Species Advisory Subpanel (Subpanel) review and discuss the biomass, the acceptable biological catch (ABC) and the status of the fisheries and present their comments to the Council. Following review by the Council and after hearing public comments, the Council makes its HG recommendation to NOAA's National Marine Fisheries Service (NMFS). A rule implementing the annual HG is published in the Federal Register as close as practicable to the start of the fishing season.
        A full assessment for Pacific mackerel was conducted and then reviewed by a Stock Assessment Review (STAR) Panel in May 2009. This assessment estimated the biomass of Pacific Mackerel to be 282,049 metric tons (mt). Based on this estimated biomass, the harvest control rule in the CPS FMP produced an ABC of 55,408 mt. The Council depended on the 2009 full assessment and 2009 landings to make management decisions for the 2010 fishing season. Based on this information, the Council recommended an ABC of 55,408 mt (calculated from the 2009 biomass estimate of 282,049 mt) and an overall HG for the July 1, 2010, through June 30, 2011, fishing season of 11,000 mt with 8,000 mt allocated to a directed fishery and 3,000 mt set aside for incidental landings in other CPS fisheries should the 8,000 mt directed fishery HG be attained. These proposed harvest levels are nearly identical to those implemented in 2009, for which the HG was 10,000 mt with 8,000 mt for the directed fishery and 2,000 mt for the incidental landings. The proposed 1,000 mt increase in the set aside for incidental landings this season was in response to comments by industry that Pacific mackerel availability to the fleet may be increasing and that fishing opportunities for other CPS could be forgone if the mackerel season closed early.
        The Council also recommended the following specifications for the 2010-2011 management of Pacific mackerel: First, NMFS will close the directed fishery if the 8,000 mt directed fishery HG is attained, and second, a 45-percent incidental catch allowance will be established for landing Pacific mackerel with other CPS (in other words, no more than 45% by weight of the CPS landed per trip may be Pacific mackerel) with the exception that up to 1 mt of Pacific mackerel could be landed per trip without landing any other CPS.
        NMFS proposes to set the overall HG for the Pacific mackerel 2010-2011 fishing season at 11,000 mt with 8,000 mt allocated to a directed fishery and 3,000 mt set aside for incidental landings in other CPS fisheries should the 8,000 mt directed fishery HG be attained. If 8,000 mt are landed the directed fishery for Pacific mackerel will close and a 45-percent by weight incidental trip allowance for landing Pacific mackerel with other CPS will be implemented, with the exception that 1 mt may be landed per trip without any other CPS.

        Information on the fishery and the stock assessment can be found in the report Pacific mackerel (Scomber japonicus) Stock Assessment for U.S. Management in the 2009-10 Fishing Year (see ADDRESSES).
        The harvest control rule formula in the FMP uses the following factors to determine the ABC:
        1. Biomass. The estimated stock biomass of Pacific mackerel age one and above
        2. Cutoff. This is the biomass level below which no commercial fishery is allowed. The FMP established this level at 18,200 mt.
        3. Distribution. The portion of the Pacific mackerel biomass estimated in the U.S. EEZ off the Pacific coast is 70 percent and is based on the average historical larval distribution obtained from scientific cruises and the distribution of the resource according to the logbooks of aerial fish-spotters.
        4. Fraction. The harvest fraction is the percentage of the biomass above 18,200 mt that may be harvested. The FMP established this at 30 percent.
        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator for Fisheries has determined that this proposed rule is consistent with the CPS FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        These proposed specifications are exempt from review under Executive Order 12866.
        The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities as explained below:

          The purpose of this proposed rule is to implement the 2010-2011 HG for Pacific mackerel in the U.S. EEZ off the Pacific coast. The CPS FMP and its implementing regulations require NMFS to set an annual HG for the Pacific mackerel fishery based on the harvest formula in the FMP. The harvest formula is applied to the current stock biomass estimate to determine the ABC, from which the HG is then derived.
          Pacific mackerel harvest is one component of CPS fisheries off the U.S. West Coast which primarily includes the fisheries for Pacific sardine, northern anchovy, jack mackerel and market squid. Pacific mackerel are principally caught off southern California within the limited entry portion (south of 39° N. latitude; Point Arena, California) of the fishery. Sixty-two vessels are currently permitted in the Federal CPS limited entry fishery off California. All of these vessels are considered small business entities by the U.S. Small Business Administration since the vessels do not have annual receipts in excess of $4.0 million. This proposed rule has an equal effect on all of these small entities. Therefore, there would be no disporportionate impacts on large and small business entities under the proposed action.

          The profitability of these vessels as a result of this proposed rule is based on the average Pacific mackerel ex-vessel price per mt. NMFS used average Pacific mackerel ex-vessel price per mt to conduct a profitability analysis because cost data for the harvesting operations of CPS finfish vessels was unavailable.
          During the 2008/2009 fishing year approximately 4,000 mt of Pacific mackerel were landed with an estimated ex-vessel value of $780,000 and during the 2009/2010 fishing year approximately 3,190 mt of Pacific mackerel were landed with an estimated ex-vessel value of $622,230. The proposed HG for the 2010/2011 Pacific mackerel fishing season (July 1, 2009 through June 30, 2010) is 11,000 mt. If the fleet were to take the entire 2010/2011 HG, and assuming no change in the coastwide average ex-vessel price per mt of approximately $200, the potential revenue to the fleet would be approximately $2 million.
          The amount of Pacific mackerel caught each year depends greatly on market forces within the fishery, as well as the other CPS fisheries, and on the regional availability of the species to the fleet and the fleets' ability to easily find schools relatively close to port. If there is no change in market conditions (i.e., an increase demand for Pacific mackerel product), it is not likely that the full HG will be taken during the 2010-2011 fishing year, in which case profits will be lower than if the entire HG were taken. Additionally, the potential lack of regional availability of the resource to the fleet can cause a reduction in the amount of Pacific mackerel that is harvested, in turn, potentially reducing the total revenue to the fleet.
          The annual average U.S. Pacific mackerel harvest from 2001 to 2009 is 4,886 mt with average annual ex-vessel revenue of $861,775. Based on this catch and revenue history for Pacific mackerel over the nine years, NMFS does not anticipate a drop in profitability based on this rule as the 2010/2011 available harvest (11,000 mt) is twice the average catch during that time.
          In addition, the revenue derived from harvesting Pacific mackerel is only one factor determining the overall revenue of the CPS fleet and therefore the economic impact to the fleet from the proposed action cannot be viewed in isolation. CPS vessels typically harvest a number of other species, including Pacific sardine, market squid, northern anchovy, and tuna, with the focus on Pacific sardine, which had an estimated ex-vessel of $12.5 million in 2009 and market squid which had an estimated ex-vessel of $56 million in 2009. Therefore, Pacific mackerel is only a small component of this multi-species CPS fishery.
          Based on the disproportionality and profitability analysis above, this rule if adopted, will not have a significant economic impact on a substantial number of these small entities.

        As a result, an Initial Regulatory Flexibility Analysis is not required, and none has been prepared.

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

          Dated: September 13, 2010.
          John Oliver,
          Deputy Assistant Administrator for Operations, National Marine Fisheries Service.

      [FR Doc. 2010-23254 Filed 9-16-10; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF VETERANS AFFAIRS
        38 CFR Part 17
        RIN 2900-AO86
        VA Dental Insurance Program—Federalism

          AGENCY:
          Department of Veterans Affairs.

          ACTION:
          Withdrawal of proposed rule.

          SUMMARY:

          The Department of Veterans Affairs (VA) is withdrawing VA's proposed rule, published in the Federal Register on October 23, 2013, to amend its regulations related to the VA Dental Insurance Program (VADIP), a pilot program to offer premium-based dental insurance to enrolled veterans and certain survivors and dependents of veterans. Specifically, this rule would have added language to clarify the limited preemptive effect of certain criteria in the VADIP regulations. VA received no comments concerning the proposed rule or its companion substantially identical direct final rule published on October 22, 2013, in the Federal Register. In a companion document in this issue of the Federal Register, we are confirming that the direct final rule became effective on December 23, 2013. Accordingly, this document withdraws as unnecessary the proposed rule.

          DATES:
          The proposed rule published on October 23, 2013, 78 FR 63143, is withdrawn as of March 20, 2014.

          FOR FURTHER INFORMATION CONTACT:
          Kristin J. Cunningham, Director, Business Policy, Chief Business Office (10NB), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Ave. NW., Washington, DC 20420; (202) 461-1599. (This is not a toll-free number.)

        SUPPLEMENTARY INFORMATION:
        In a proposed rule published in the Federal Register on October 23, 2013, 78 FR 63143, VA proposed to amend 38 CFR 17.169 to add language to clarify the limited preemptive effect of certain criteria in the VA Dental Insurance Program (VADIP), a pilot program to offer premium-based dental insurance to enrolled veterans and certain survivors and dependents of veterans. VA published a companion substantially identical direct final rule at 78 FR 62441 on October 22, 2013. The direct final rule and proposed rule each provided a 30-day comment period that ended on November 21 and November 22, 2013, respectively. No comments were received.

        Because no comments were received within the comment period, VA is withdrawing the proposed rule as unnecessary. In a companion document in this issue of the Federal Register, VA is confirming the effective date of the direct final rule, RIN 2900-AO85, published at 78 FR 62441.
        Signing Authority
        The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Jose D. Riojas, Chief of Staff, Department of Veterans Affairs, approved this document on March 11, 2014, for publication.

          Dated: March 13, 2014.
          William F. Russo,
           Deputy Director, Office of Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs.

      [FR Doc. 2014-05912 Filed 3-19-14; 8:45 am]
      BILLING CODE 8320-01-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 226
        RIN 0648-AV74
        Endangered and Threatened Species; Critical Habitat for the Endangered Distinct Population Segment of Smalltooth Sawfish

          AGENCY:
           National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
           Notice of two public hearings.

          SUMMARY:
          We, NMFS, will hold two public hearings in Florida in January of 2009, to receive public comments on the proposal to designate critical habitat for the endangered U.S. distinct population segment (DPS) of smalltooth sawfish that published on November 20, 2008.

          DATES:
           The hearings will be held from 7 to 9 p.m. on January 5, 2009, in Naples, FL and on January 14, 2009, in Cape Coral, FL.

          ADDRESSES:
           The January 5, 2009, hearing will be held at the Port of the Islands Hotel, 25000 Tamiami Trail E, Naples, FL; and the January 14, 2009, hearing will be held at the Hampton Inn and Suites, 619 SE 47th Terrace, Cape Coral, FL.
          You may also submit comments, identified by the Regulatory Information Number (RIN) 0648-AV74, by any of the following methods:
          Mail: Assistant Regional Administrator, Protected Resources Division, NMFS, Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.
          Facsimile (fax) to: 727-824-5309.

          Electronic Submissions: Submit all electronic comments to www.regulations.gov by clicking on “Search for Dockets” at the top of the screen, then entering the RIN in the “RIN” field and clicking the “Submit” tab.

          Instructions: All comments received are considered part of the public record and will generally be posted to http://www.regulations.gov. All Personal Identifying Information (i.e., name, address, etc.) voluntarily submitted may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Please provide electronic attachments using Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. All comments must be received by midnight EST on January 20, 2009.

          FOR FURTHER INFORMATION CONTACT:
           Shelley Norton, NMFS, Southeast Regional Office, at 727-824-5312; or Lisa Manning, NMFS, Office of Protected Resources, at 301-713-1401.

        SUPPLEMENTARY INFORMATION:
        Background
        On November 20, 2008, we published a proposed rule (73 FR 70290) to designate critical habitat for the endangered U.S. DPS of smalltooth sawfish. We stated that we would hold public hearings on the proposed designation. NMFS will accept oral comments on the proposed critical habitat designation at the two public hearings mentioned in the “Dates” section of this notice.
        Special Accommodations
        These hearings are physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Shelley Norton at (727) 824-5312 at least 7 working days prior to the hearing date.

          Authority:
          16 U.S.C. 1531 et seq.

          Dated: December 3, 2008.
          P. Michael Payne,
          Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service.

      [FR Doc. E8-29134 Filed 12-8-08; 8:45 am]
      BILLING CODE 3510-22-S