        DEPARTMENT OF TRANSPORTATION
        National Highway Traffic Safety Administration
        49 CFR Part 541
        [Docket No. NHTSA 2008-0112]
        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) 2006 including theft rates for existing passenger motor vehicle lines manufactured in model year (MY) 2006. The preliminary theft data indicate that the vehicle theft rate for CY/MY 2006 vehicles (2.08 thefts per thousand vehicles) increased by 12.4 percent from the theft rate for CY/MY 2005 vehicles (1.85 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 September 12, 2008.

          ADDRESSES:
          You may submit comments [identified by Docket No. NHTSA-2008-0112 by any of the following methods:
          • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting comments.
          • Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue,  SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.
          • Hand Delivery or Courier: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue,  SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
          • Fax: 202-493-2251.

            Instructions: 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://www.regulations.gov,  including any personal information provided. Please see the Privacy Act heading below.

            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 (65 FR 19477-78) or you may visit http://DocketsInfo.dot.gov.

            Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov or the street address listed above. Follow the online instructions for accessing the dockets.

          FOR FURTHER INFORMATION CONTACT:
          Ms. Deborah Mazyck, Office of International Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 New Jersey Avenue, SE., Washington, DC 20590. Ms. Mazyck's telephone number is (202) 366-0846. Her fax number is (202) 493-2990.

        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 2006, the most recent calendar year for which data are available.
        In calculating the 2006 theft rates, NHTSA followed the same procedures it used in calculating the MY 2005 theft rates. (For 2005 theft data calculations, see 73 FR 13150, March 12, 2008). 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 2006 theft rate for each vehicle line was calculated by dividing the number of reported thefts of MY 2006 vehicles of that line stolen during calendar year 2006, by the total number of vehicles in that line manufactured for MY 2006, as reported by manufacturers to the Environmental Protection Agency.
        The preliminary 2006 theft data show an increase in the vehicle theft rate when compared to the theft rate experienced in CY/MY 2005. The preliminary theft rate for MY 2006 passenger vehicles stolen in calendar year 2006 increased to 2.08 thefts per thousand vehicles produced, an increase of 12.4 percent from the rate of 1.85 thefts per thousand vehicles experienced by MY 2005 vehicles in CY 2005. For MY 2006 vehicles, out of a total of 217 vehicle lines, 19 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 19 vehicle lines with a theft rate higher than 3.5826, 18 are passenger car lines, one is a multipurpose passenger vehicle line, and none are light-duty truck lines.
        Although this publication reflects preliminary data which may change, the agency is aware that the data does reflect a possible second year with an increase in the overall theft rate (MY/CY 2005 & 2006). In the final notice for CY/MY 2005 the agency indicated that since there was only a slight elevation, the agency was not concerned but would monitor this to see if it was a beginning of a trend. If the final data for CY/MY 2006 does show a second year of increase, especially of the magnitude indicated by this preliminary data, the agency will explore what could be causing these elevations in the theft rate. The agency welcomes any comments on this possible new trend.

          EP14JY08.021

        In Table I, NHTSA has tentatively ranked each of the MY 2006 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 part 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://DocketsInfo.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 2006 Passenger Motor Vehicles Stolen in Calendar Year 2006

            Manufacturer
            Make/model (line)
            Thefts 2006
            Production (mfr's) 2006
            2006 Theft rate (per 1,000 vehicles produced)

            1
            DAIMLERCHRYSLER
            DODGE MAGNUM
            407
            46501
            8.7525

            2
            DAIMLERCHRYSLER
            DODGE CHARGER
            963
            130892
            7.3572

            3
            DAIMLERCHRYSLER
            DODGE STRATUS
            569
            79998
            7.1127

            4
            GENERAL MOTORS
            PONTIAC GRAND PRIX
            802
            116458
            6.8866

            5
            LAMBORGHINI
            MURCIELAGO
            1
            159
            6.2893

            6
            GENERAL MOTORS
            CHEVROLET MONTE CARLO
            239
            38136
            6.2670

            7
            ROLLS ROYCE
            PHANTOM
            2
            339
            5.8997

            8
            DAIMLERCHRYSLER
            CHRYSLER SEBRING
            250
            43115
            5.7984

            9
            DAIMLERCHRYSLER
            CHRYSLER SEBRING CONVERTIBLE
            150
            27685
            5.4181

            10
            HONDA
            ACURA RSX
            69
            15111
            4.5662

            11
            DAIMLERCHRYSLER
            CHRYSLER 300
            991
            217754
            4.5510

            12
            GENERAL MOTORS
            PONTIAC G6
            716
            170394
            4.2020

            13
            MITSUBISHI
            GALANT
            118
            28101
            4.1991

            14
            GENERAL MOTORS
            CHEVROLET MALIBU
            740
            177262
            4.1746

            15
            SUZUKI
            FORENZA
            175
            42550
            4.1128

            16
            FORD MOTOR CO
            FORD TAURUS
            638
            156882
            4.0668

            17
            GENERAL MOTORS
            CHEVROLET IMPALA
            1044
            262823
            3.9723

            18
            GENERAL MOTORS
            CHEVROLET COBALT
            844
            229576
            3.6763

            19
            NISSAN
            SENTRA
            500
            136351
            3.6670

            20
            KIA
            AMANTI
            29
            8133
            3.5657

            21
            HYUNDAI
            SONATA
            605
            170783
            3.5425

            22
            MERCEDES-BENZ
            215 (CL-CLASS)
            79
            22411
            3.5251

            23
            MITSUBISHI
            ENDEAVOR
            51
            14546
            3.5061

            24
            SUZUKI
            VERONA
            7
            2000
            3.5000

            25
            HONDA
            HONDA CIVIC
            362
            103981
            3.4814

            26
            DAIMLERCHRYSLER
            CHRYSLER PT CRUISER
            457
            131960
            3.4632

            27
            DAIMLERCHRYSLER
            JEEP GRAND CHEROKEE
            303
            88383
            3.4283

            28
            BMW
            M3
            15
            4394
            3.4137

            29
            FORD MOTOR CO
            LINCOLN LS
            29
            8499
            3.4122

            30
            NISSAN
            MAXIMA
            210
            63663
            3.2986

            31
            NISSAN
            350Z
            100
            30640
            3.2637

            32
            FORD MOTOR CO
            FORD FOCUS
            436
            135929
            3.2076

            33
            FORD MOTOR CO
            FORD CROWN VICTORIA
            35
            10955
            3.1949

            34
            HYUNDAI
            ACCENT
            59
            18685
            3.1576

            35
            KIA
            OPTIMA
            143
            45859
            3.1183

            36
            MAZDA
            6
            190
            67327
            2.8220

            37
            FORD MOTOR CO
            FORD MUSTANG
            431
            153977
            2.7991

            38
            SUZUKI
            RENO
            22
            7900
            2.7848

            39
            MITSUBISHI
            LANCER
            121
            43750
            2.7657

            40
            GENERAL MOTORS
            CHEVROLET AVEO
            142
            51353
            2.7652

            41
            BMW
            7
            77
            28012
            2.7488

            42
            SUBARU
            LEGACY/OUTBACK
            59
            21696
            2.7194

            43
            DAIMLERCHRYSLER
            CHRYSLER PACIFICA
            224
            82451
            2.7168

            44
            MITSUBISHI
            ECLIPSE
            79
            29582
            2.6705

            45
            KIA
            RIO
            91
            34103
            2.6684

            46
            GENERAL MOTORS
            CADILLAC DTS
            173
            65335
            2.6479

            47
            BMW
            M5
            11
            4309
            2.5528

            48
            GENERAL MOTORS
            CHEVROLET TRAILBLAZER
            373
            148522
            2.5114

            49
            FORD MOTOR CO
            LINCOLN TOWN CAR
            97
            40317
            2.4059

            50
            TOYOTA
            SCION TC
            189
            80576
            2.3456

            51
            GENERAL MOTORS
            CHEVROLET HHR
            267
            113967
            2.3428

            52
            KIA
            SPECTRA
            184
            79152
            2.3246

            53
            TOYOTA
            LEXUS LS
            40
            17220
            2.3229

            54
            SUZUKI
            VITARA/GRAND VITARA
            107
            46223
            2.3149

            55
            GENERAL MOTORS
            CADILLAC CTS
            125
            55066
            2.2700

            56
            GENERAL MOTORS
            BUICK RAINIER
            26
            11503
            2.2603

            57
            NISSAN
            ALTIMA
            648
            294015
            2.2040

            58
            ISUZU
            I SERIES PICKUP
            10
            4546
            2.1997

            59
            BMW
            6
            17
            7893
            2.1538

            60
            TOYOTA
            LEXUS SC
            15
            7008
            2.1404

            61
            LOTUS
            ELISE
            3
            1424
            2.1067

            62
            GENERAL MOTORS
            PONTIAC MONTANA VAN
            44
            20984
            2.0968

            63
            GENERAL MOTORS
            PONTIAC GTO
            29
            13857
            2.0928

            64
            KIA
            SORENTO
            116
            55515
            2.0895

            65
            TOYOTA
            TOYOTA CAMRY/SOLARA
            517
            252690
            2.0460

            66
            JAGUAR
            S-TYPE
            14
            6855
            2.0423

            67
            AUDI
            A8
            11
            5404
            2.0355

            68
            BMW
            M6
            2
            990
            2.0202

            69
            DAIMLERCHRYSLER
            JEEP WRANGLER
            155
            77976
            1.9878

            70
            GENERAL MOTORS
            CHEVROLET UPLANDER VAN
            122
            62521
            1.9513

            71
            TOYOTA
            TOYOTA COROLLA
            653
            336871
            1.9384

            72
            GENERAL MOTORS
            SATURN ION
            186
            96227
            1.9329

            73
            GENERAL MOTORS
            BUICK RENDEZVOUS
            96
            50649
            1.8954

            74
            VOLVO
            S80
            14
            7567
            1.8501

            75
            DAIMLERCHRYSLER
            JEEP LIBERTY
            266
            146897
            1.8108

            76
            NISSAN
            INFINITI G35
            107
            59442
            1.8001

            77
            TOYOTA
            LEXUS GS
            92
            51221
            1.7961

            78
            HYUNDAI
            TIBURON
            41
            22959
            1.7858

            79
            NISSAN
            INFINITI FX45
            3
            1693
            1.7720

            80
            GENERAL MOTORS
            CADILLAC XLR
            7
            3963
            1.7663

            81
            HONDA
            HONDA S2000
            10
            5666
            1.7649

            82
            AUDI
            A6/A6 QUATTRO/S6/S6 AVANT
            32
            18143
            1.7638

            83
            DAIMLERCHRYSLER
            DODGE CARAVAN/GRAND CARAVAN
            416
            235960
            1.7630

            84
            HYUNDAI
            ELANTRA
            174
            99126
            1.7553

            85
            FORD MOTOR CO
            FORD FUSION
            217
            125335
            1.7314

            86
            MAZDA
            5
            35
            20328
            1.7218

            87
            JAGUAR
            X-TYPE
            10
            5994
            1.6683

            88
            NISSAN
            QUEST VAN
            42
            25378
            1.6550

            89
            FORD MOTOR CO
            FORD FREESTAR VAN
            84
            51143
            1.6425

            90
            MERCEDES-BENZ
            203 (C-CLASS)
            89
            54492
            1.6333

            91
            FORD MOTOR CO
            FORD FIVE HUNDRED
            134
            83031
            1.6139

            92
            HUMMER
            H3
            116
            72227
            1.6060

            93
            MAZDA
            RX-8
            10
            6415
            1.5588

            94
            MERCEDES-BENZ
            220 (S-CLASS)
            22
            14472
            1.5202

            95
            GENERAL MOTORS
            PONTIAC VIBE
            77
            51168
            1.5048

            96
            FORD MOTOR CO
            MERCURY MOUNTAINEER
            46
            30676
            1.4995

            97
            NISSAN
            FRONTIER PICKUP
            112
            75112
            1.4911

            98
            TOYOTA
            SCION XB
            125
            87219
            1.4332

            99
            GENERAL MOTORS
            BUICK LACROSSE/ALLURE
            107
            76029
            1.4074

            100
            JAGUAR
            XKR
            1
            713
            1.4025

            101
            TOYOTA
            TOYOTA TUNDRA PICKUP
            36
            25764
            1.3973

            102
            GENERAL MOTORS
            GMC ENVOY
            68
            48745
            1.3950

            103
            VOLVO
            S60
            30
            21734
            1.3803

            104
            GENERAL MOTORS
            CHEVROLET EQUINOX
            170
            124123
            1.3696

            105
            JAGUAR
            XK8
            2
            1463
            1.3671

            106
            VOLKSWAGEN
            PASSAT
            85
            63019
            1.3488

            107
            NISSAN
            MURANO
            105
            77852
            1.3487

            108
            NISSAN
            PATHFINDER
            100
            74219
            1.3474

            109
            BMW
            5
            62
            46563
            1.3315

            110
            FORD MOTOR CO
            FORD RANGER PICKUP
            110
            83737
            1.3136

            111
            MAZDA
            3
            125
            95420
            1.3100

            112
            NISSAN
            XTERRA
            78
            59988
            1.3003

            113
            MAZDA
            MPV VAN
            13
            10054
            1.2930

            114
            FORD MOTOR CO
            MERCURY GRAND MARQUIS
            64
            49578
            1.2909

            115
            VOLKSWAGEN
            GOLF/RABBIT/GTI
            24
            18806
            1.2762

            116
            MITSUBISHI
            OUTLANDER
            13
            10190
            1.2758

            117
            FORD MOTOR CO
            FORD ESCAPE
            194
            152125
            1.2753

            118
            TOYOTA
            TOYOTA MATRIX
            70
            56291
            1.2435

            119
            GENERAL MOTORS
            CHEVROLET COLORADO PICKUP
            129
            104675
            1.2324

            120
            HONDA
            HONDA ACCORD
            391
            328780
            1.1892

            121
            TOYOTA
            TOYOTA TACOMA PICKUP
            221
            195700
            1.1293

            122
            HONDA
            ACURA TSX
            44
            40480
            1.0870

            123
            GENERAL MOTORS
            GMC CANYON PICKUP
            29
            26744
            1.0844

            124
            GENERAL MOTORS
            SATURN VUE
            103
            95178
            1.0822

            125
            AUDI
            A3/A3 QUATTRO
            12
            11162
            1.0751

            126
            MAZDA
            TRIBUTE
            35
            33565
            1.0428

            127
            TOYOTA
            LEXUS ES
            32
            30735
            1.0412

            128
            MERCEDES-BENZ
            129 (SL-CLASS)
            7
            6731
            1.0400

            129
            FORD MOTOR CO
            FORD FREESTYLE
            57
            54980
            1.0367

            130
            NISSAN
            INFINITI M35/M45
            42
            40627
            1.0338

            131
            TOYOTA
            TOYOTA 4RUNNER
            108
            104758
            1.0309

            132
            AUDI
            A4/A4 QUATTRO/S4/S4 AVANT
            49
            48023
            1.0203

            133
            FORD MOTOR CO
            MERCURY MILAN
            35
            34506
            1.0143

            134
            DAIMLERCHRYSLER
            CHRYSLER TOWN & COUNTRY
            177
            175760
            1.0071

            135
            TOYOTA
            SCION XA
            50
            49664
            1.0068

            136
            MERCEDES-BENZ
            208 (CLK-CLASS)
            17
            17150
            0.9913

            137
            GENERAL MOTORS
            PONTIAC TORRENT
            48
            48750
            0.9846

            138
            NISSAN
            INFINITI FX35
            17
            17326
            0.9812

            139
            SUBARU
            IMPREZA
            41
            41987
            0.9765

            140
            SUZUKI
            AERIO
            17
            17417
            0.9761

            141
            HYUNDAI
            SANTA FE
            32
            32802
            0.9756

            142
            HONDA
            ACURA 3.2 TL
            74
            77849
            0.9506

            143
            GENERAL MOTORS
            CHEVROLET CORVETTE
            30
            31595
            0.9495

            144
            GENERAL MOTORS
            BUICK LUCERNE
            81
            85961
            0.9423

            145
            HYUNDAI
            TUCSON
            52
            55399
            0.9386

            146
            TOYOTA
            TOYOTA AVALON
            90
            97247
            0.9255

            147
            ASTON MARTIN
            DB9
            1
            1085
            0.9217

            148
            GENERAL MOTORS
            CADILLAC FUNERAL COACH/HEARSE
            1
            1096
            0.9124

            149
            MERCEDES-BENZ
            210 (E-CLASS)
            55
            61563
            0.8934

            150
            VOLVO
            V50
            4
            4480
            0.8929

            151
            VOLKSWAGEN
            JETTA
            108
            123317
            0.8758

            152
            FORD MOTOR CO
            MERCURY MONTEGO
            17
            19464
            0.8734

            153
            JAGUAR
            XJ8/XJ8L
            3
            3444
            0.8711

            154
            TOYOTA
            LEXUS IS
            43
            49960
            0.8607

            155
            BMW
            3
            127
            151673
            0.8373

            156
            FORD MOTOR CO
            LINCOLN ZEPHYR
            26
            31265
            0.8316

            157
            TOYOTA
            TOYOTA RAV4
            94
            114912
            0.8180

            158
            VOLVO
            S40
            20
            24505
            0.8162

            159
            ISUZU
            ASCENDER
            3
            3857
            0.7778

            160
            HYUNDAI
            AZERA
            19
            24492
            0.7758

            161
            PORSCHE
            BOXSTER
            4
            5314
            0.7527

            162
            PORSCHE
            CAYMAN
            4
            5360
            0.7463

            163
            SUBARU
            B9 TRIBECA
            22
            30027
            0.7327

            164
            VOLKSWAGEN
            BENTLEY CONTINENTAL
            3
            4097
            0.7322

            165
            VOLVO
            XC90
            24
            32962
            0.7281

            166
            KIA
            SPORTAGE
            30
            42832
            0.7004

            167
            FORD MOTOR CO
            MERCURY MARINER
            21
            30137
            0.6968

            168
            GENERAL MOTORS
            PONTIAC SOLSTICE
            13
            18748
            0.6934

            169
            VOLKSWAGEN
            NEW BEETLE
            27
            41361
            0.6528

            170
            HONDA
            HONDA ELEMENT
            29
            45132
            0.6426

            171
            GENERAL MOTORS
            CADILLAC STS
            20
            31368
            0.6376

            172
            BMW
            Z4/M
            7
            10981
            0.6375

            173
            TOYOTA
            TOYOTA SIENNA VAN
            120
            192771
            0.6225

            174
            TOYOTA
            LEXUS RX
            48
            77147
            0.6222

            175
            DAIMLERCHRYSLER
            DODGE VIPER
            1
            1630
            0.6135

            176
            PORSCHE
            911
            8
            13407
            0.5967

            177
            SAAB
            9-2X
            1
            1731
            0.5777

            178
            KIA
            SEDONA VAN
            30
            52064
            0.5762

            179
            MITSUBISHI
            MONTERO
            1
            1778
            0.5624

            180
            TOYOTA
            TOYOTA HIGHLANDER
            96
            176213
            0.5448

            181
            BMW
            X3
            15
            27743
            0.5407

            182
            MAZDA
            MX-5 MIATA
            11
            20688
            0.5317

            183
            SUBARU
            FORESTER
            28
            54405
            0.5147

            184
            FORD MOTOR CO
            MERCURY MONTEREY VAN
            2
            4017
            0.4979

            185
            HONDA
            HONDA PILOT
            73
            147629
            0.4945

            186
            SAAB
            9-3
            11
            22542
            0.4880

            187
            HONDA
            ACURA 3.5 RL
            6
            12556
            0.4779

            188
            VOLVO
            V70
            3
            6355
            0.4721

            189
            HONDA
            HONDA CR-V
            70
            149659
            0.4677

            190
            VOLVO
            XC70
            6
            12895
            0.4653

            191
            GENERAL MOTORS
            SATURN RELAY
            2
            4935
            0.4053

            192
            HONDA
            HONDA ODYSSEY VAN
            75
            192364
            0.3899

            193
            HONDA
            ACURA MDX
            20
            51380
            0.3893

            194
            BMW
            MINI COOPER
            17
            51271
            0.3316

            195
            SUBARU
            BAJA
            2
            7498
            0.2667

            196
            MAZDA
            B SERIES PICKUP
            1
            4229
            0.2365

            197
            GENERAL MOTORS
            BUICK TERRAZA VAN
            3
            12767
            0.2350

            198
            DAIMLERCHRYSLER
            CHRYSLER CROSSFIRE
            1
            6186
            0.1617

            199
            TOYOTA
            TOYOTA PRIUS
            14
            87310
            0.1603

            200
            MERCEDES-BENZ
            170 (SLK-CLASS)
            2
            13475
            0.1484

            201
            SUBARU
            OUTBACK
            5
            57806
            0.0865

            202
            ASTON MARTIN
            VANQUISH
            0
            467
            0.0000

            224
            ASTON MARTIN
            VANTAGE
            0
            161
            0.0000

            203
            AUDI
            TT
            0
            1299
            0.0000

            223
            BUGATTI
            VEYRON
            0
            17
            0.0000

            204
            FERRARI
            MARANELLO/F1
            0
            1392
            0.0000

            220
            FORD MOTOR CO
            FORD GT
            0
            1729
            0.0000

            205
            GENERAL MOTORS
            CADILLAC LIMOUSINE
            0
            922
            0.0000

            206
            HONDA
            HONDA INSIGHT
            0
            803
            0.0000

            207
            JAGUAR
            VANDEN PLAS/SUPER V8
            0
            403
            0.0000

            208
            JAGUAR
            XJR
            0
            307
            0.0000

            221
            JAGUAR
            VANDEN PLAS/SUPER V8
            0
            1358
            0.0000

            219
            LAMBORGHINI
            GALLARDO
            0
            392
            0.0000

            209
            MASERATI
            GRANSPORT
            0
            51
            0.0000

            210
            MASERATI
            QUATTROPORTE
            0
            1609
            0.0000

            211
            MASERATI
            SPYDER/F1
            0
            777
            0.0000

            212
            NISSAN
            INFINITI Q45
            0
            140
            0.0000

            214
            SAAB
            9-5
            0
            11620
            0.0000

            215
            SAAB
            9-7X
            0
            5484
            0.0000

            222
            SALEEN
            S7
            0
            16
            0.0000

            216
            SPYKER
            C8
            0
            13
            0.0000

            218
            TOYOTA
            TOYOTA YARIS
            0
            2571
            0.0000

            213
            VOLKSWAGEN
            BENTLEY ARNAGE
            0
            228
            0.0000

            217
            VOLKSWAGEN
            PHAETON
            0
            259
            0.0000

          Stephen R. Kratzke,
          Associate Administrator for Rulemaking.

       [FR Doc. E8-15913 Filed 7-11-08; 8:45 am]
      BILLING CODE 4910-59-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No.  030314059-3059-01; I.D.  030603B]
        RIN:  0648-AQ48
        Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Small Mesh Multispecies Fishery; Northeast Multispecies Fishery Management Plan

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

          ACTION:
          Advance notice of proposed rulemaking; notice of a new control date for the purpose of controlling entry in the small-mesh multispecies fishery.

          SUMMARY:

          NMFS announces that it is considering, and is seeking public comment on, proposed rulemaking to control future access to the small mesh multispecies (silver hake, Merluccius bilinearis; red hake, Urophycis chuss; offshore hake, Merluccius albidus) resources if a management regime is developed and implemented under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) that limits the number of participants in the fishery.  This announcement is intended, in part, to promote awareness of potential eligibility criteria for future access to the small mesh multispecies fishery and to discourage speculative entry into the fishery while the New England Fishery Management Council (Council) and NMFS consider whether and how access to the small-mesh multispecies fishery should be controlled.  The date of publication of this document, March 25, 2003,  shall be known as the “control date” and may be used for establishing eligibility criteria for determining levels of future access to the small mesh multispecies fishery subject to Federal authority.  Participants who enter the small mesh multispecies fishery on or after March 25, 2003 may be treated differently than those with a history in the fishery before this date.  The establishment of this control date does not prevent any other control date for eligibility in the fishery or another method of controlling access and/or fishing effort on small mesh multispecies from being proposed and implemented by the Council and NMFS.

          DATES:
          Written comments must be received on or before 5:00 p.m., local time, April 24, 2003.

          ADDRESSES:
          Written comments should be sent to Paul Howard, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.  Mark the outside of the envelope, “Comments on Small Mesh Multispecies Control Date.”  Comments also may be sent via facsimile (fax) to (978) 465-3116.  Comments will not be accepted if submitted via e-mail or the Internet.

          FOR FURTHER INFORMATION CONTACT:
          E. Martin Jaffe, Fishery Policy Analyst, 978-281-9272.

        SUPPLEMENTARY INFORMATION:
        A control date for the silver hake, offshore hake, and red hake fisheries was established on September 9, 1996 (61 FR 47473), to promote awareness of potential eligibility criteria for future access to the small mesh fishery and to discourage new entry into the fishery.  The Council used this control date to develop a proposed limited access program for this fishery included in Amendment 12 to the Northeast Multispecies Fishery Management Plan (FMP), a management program for small mesh multispecies that was implemented on April 28, 2000.  The Amendment 12 limited access program for small mesh multispecies was later disapproved by NMFS because it was found to be inconsistent with some of the requirements of the Magnuson-Stevens Act.  As a result, the small mesh multispecies fishery remains an open-access fishery.

        The Council intends to develop a new amendment to address limited access in the small- mesh multispecies fishery.  The Council is concerned that conditions have changed sufficiently in this fishery to make the September 1996 control date an unreliable indicator of current participation.  A new control date would reflect current participation levels, should the Council require such a benchmark when developing a new limited access program.
        The Whiting Monitoring Committee (WMC) recommended that the Council consider establishing a new control date for small mesh multispecies because circumstances in Northeast fisheries have changed since the establishment of the September 1996 control date.  Amendment 5 to the FMP prevented fishing with small mesh in the northern stock area until exempted fisheries could be established that reduce the bycatch of regulated multispecies to less than 5 percent.  Since implementation of Amendment 5 in 1994, experimental and exempted fisheries for small mesh multispecies in the northern stock area have evolved through cooperative experimentation, gear research, and gear technologies that significantly reduce bycatch of non-target species, especially regulated multispecies.  Many of these technologies took years to develop and, as a result, the 1996 control date does not capture current levels of participation or fishing practices in the small mesh multispecies fishery, especially in the northern stock area.  Therefore, it is unlikely that the Council would utilize a dated control date in the development of a new limited access program for small mesh multispecies.  A new control date is more likely to be utilized in a limited access program because it would capture current participation in the small mesh multispecies fishery and provide a more suitable benchmark.
        This notice establishes March 25, 2003 as the new control date for potential use in determining historical or traditional participation in the small mesh multispecies fishery.  Consideration of a control date does not commit the Council or NMFS to develop any particular management regime or criteria for participation in this fishery.  The Council or NMFS may choose a different control date, or may choose a management program that does not make use of such a date.
        Fishermen who have not participated in the small mesh multispecies fishery or change their level of participation in this fishery are notified that entering this fishery or changing their level of participation after this control date may not qualify them as previous participants, should such a criterion be the basis for future access to the small mesh multispecies resources.  Fishermen are not guaranteed future participation in the fishery, regardless of their entry dates or intensity of participation in this fishery before or after the control date.  The Council and NMFS may choose to give variably weighted consideration to fishermen active in the fishery before and after the control date.  The Council and NMFS may also choose to take no further action to control entry or access to the fishery, in which case the control date may be rescinded.  Any action by the Council or NMFS will be taken pursuant to the requirements for FMP development established under the Magnuson-Stevens Act.
        Establishing a new control date for the small mesh multispecies fishery may help to discourage an influx of new participants as a short-term response to the restrictions expected to be implemented under Amendment 13 to the FMP.  This could aid in preventing rapid stock declines and help keep the fishery viable for current and historical participants.  The 2002 Stock Assessment and Fishery Evaluation Report, prepared by the WMC, expressed concern that effort may increase in the small mesh multispecies fishery as a result of increasing restrictions in other fisheries, such as the large mesh multispecies (groundfish) fishery, which are currently under development by the Council.
        This notification also gives the public notice that interested participants should locate and preserve records that substantiate and verify their participation in the small mesh multispecies fishery in Federal waters.

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

          Dated:  March 19, 2003.
          Rebecca Lent,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. 03-7068 Filed 3-24-03; 8:45 am]
      BILLING CODE 3510-22-S


        DEPARTMENT OF DEFENSE
        48 CFR Parts 215, 230, 252, and 253
        [DFARS Case 2003-D014]
        Defense Federal Acquisition Regulation Supplement; Contract Pricing and Cost Accounting Standards

          AGENCY:
          Department of Defense (DoD).

          ACTION:
          Proposed rule with request for comments.

          SUMMARY:
          DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing contract pricing matters and cost accounting standards administration. This proposed rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

          DATES:
          Comments on the proposed rule should be submitted in writing to the address shown below on or before February 21, 2006, to be considered in the formation of the final rule.

          ADDRESSES:
          You may submit comments, identified by DFARS Case 2003-D014, using any of the following methods:
          • Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
          • Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for submitting comments.
          • E-mail: dfars@osd.mil. Include DFARS Case 2003-D014 in the subject line of the message.
          • Fax: (703) 602-0350.
          • Mail: Defense Acquisition Regulations System, Attn: Mr. Bill Sain, OUSD (AT&L) DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062.
          • Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402.
          All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.

          FOR FURTHER INFORMATION CONTACT:
          Mr. Bill Sain, (703) 602-0293.

        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, DoD-wide 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 proposed rule is a result of the DFARS Transformation initiative. The proposed DFARS changes include:
        • Addition of text at 215.403-1(c) and 230.201-5(a)(1) to implement Section 817 of the National Defense Authorization Act for Fiscal Year 2003 (Pub. L. 107-314) regarding exceptions to cost or pricing data requirements and waiver of cost accounting standards.
        • Deletion of 215.404-1(d), Cost realism analysis, because FAR 15.404-1 contains sufficient policy on this subject.
        • Deletion of unnecessary introductory text at redesignated 215.404-71-4(f), Facilities capital employed, Values: Normal and designated ranges.
        • Deletion of the definition of “Acceptable estimating system” from 215.407-5-70(a)(1), and relocation of the definition to the contract clause at 252.215-7002, Cost Estimating System Requirements; addition of a cross-reference in 215.407-5-70(a)(1) to the relocated definition; elimination of 215.407-5-70(b)(1)(iii) and (iv) and relocation of the language to the new definition at 252.215-7002(a); and deletion of duplicative language at 252.215-7002(b).
        • Revision of 230.201-5(a)(1)(A) to address the authority of the Director, Defense Procurement and Acquisition Policy, to grant cost accounting standards waivers, in accordance with Section 802 of the National Defense Authorization Act for Fiscal Year 2000 (Pub. L. 106-65).
        • Removal of 230.7000, Contract facilities capital estimates; 230.7001, Use of DD Form 1861; 230.7002, Preaward facilities capital applications; and 230.7004-2, DD Form 1861, and relocation of text on these subjects to 215.404-4, Profit, since these sections pertain to the calculation of weighted guidelines for profit, rather than cost accounting standards.
        • Elimination of 230.7003, Postaward facilities capital applications, and 230.7004-1, Forms CASB-CMF, since these sections duplicate CAS 414, Cost of Money as an Element of the Cost of Facilities Capital; FAR 31.205-10, Cost of Money; and the implementing contract clauses.
        • Elimination of the definitions at 230.7100(a) and (b), since these definitions are provided in the cost accounting standards (CAS); elimination of the definition at 230.7100(c), because it conflicts with CAS; and elimination of the definition at 230.7100(d), because it is unnecessary.
        • Elimination of 230.7101, Calculations, and 230.7102, Determining imputed cost of money, because they are adequately covered in CAS 417, Cost of Money as an Element of the Cost of Capital Assets Under Construction (48 CFR 9904.417).
        • Removal of 230.7103, Preaward capital employed application, and relocation of that coverage to 215.404-73(b)(2)(i), Offsets for facilities capital cost of money, since it applies to offsets in determining profit, rather than cost accounting standards.

        • Relocation of the following text 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.

        • 215.403-1(c)(1), Adequate price competition.
        • 215.403-5, Instructions for submission of cost or pricing data or information other than cost or pricing data.
        • 215.404-2, Information to support proposal analysis.
        • 215.404-3, Subcontract pricing considerations.
        • 215.404-70, DD Form 1547, Record of Weighted Guidelines Method Application.
        • 215.404-71-2(b), (d), and (e), Performance risk.
        • 215.404-71-3(b), (d), (e), and (f)(3), Contract type risk and working capital adjustment.
        • 215.404-71-4, Facilities capital employed (partial relocation).
        • 215.404-71-5(b) and (c), Cost efficiency factor.
        • 215.404-76, Reporting profit and fee statistics.
        • 215.406-1, Prenegotiation objectives.
        • 215.406-3, Documenting the negotiation.
        • 215.407-4, Should-cost review.
        • 215.407-5-70(e) and (f), Estimating systems “ Disclosure, maintenance, and review requirements.
        • 215.470(b) and (c), Estimated data prices, except that the first sentence of (b) remains in DFARS, and is revised for clarity.
        • 230.201-5(a)(1), Waiver (partial relocation).
        • 253.215-70, DD Form 1547, Record of Weighted Guidelines Application.
        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 does not expect this rule to 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 updates, clarifies, and relocates DFARS text, but makes no significant change to DoD contracting policy. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD will also consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2003-D014.
        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 215, 230, 252, and 253
          Government procurement.

          Michele P. Peterson,
          Editor, Defense Acquisition Regulations System.

        Therefore, DoD proposes to amend 48 CFR Parts 215, 230, 252, and 253 as follows:
        1. The authority citation for 48 CFR Parts 215, 230, 252, and 253 continues to read as follows:

          Authority:
          41 U.S.C. 421 and 48 CFR Chapter 1.

          PART 215—CONTRACTING BY NEGOTIATION
          2. Section 215.403-1 is revised to read as follows:

            215.403-1
            Prohibition on obtaining cost or pricing data.
            (c) See PGI 215.403-1(c) for guidance on standards for exceptions from cost or pricing data requirements.
            (3) Commercial items. By November 30th of each year, the departments and agencies shall provide a report to the Director, Defense Procurement and Acquisition Policy (DPAP), ATTN: DPAP/Policy, of all commercial item exceptions granted under FAR 15.403-1(b)(3), during the previous fiscal year, for any contract, subcontract, or modification expected to have a value of $15,000,000 or more. See PGI 215.403-1(c)(3) for the format and guidance for the report. The Director, DPAP, will submit a consolidated report to the congressional defense committees.
            (4) Waivers. (A) The head of the contracting activity may apply the exceptional circumstances authority when a determination is made that:

              (1) The property or services cannot reasonably be obtained under the contract, subcontract, or modification, without the granting of the waiver;

              (2) The price can be determined to be fair and reasonable without the submission of certified cost or pricing data; and

              (3) There are demonstrated benefits to granting the waiver.
            (B) By November 30th of each year, the departments and agencies shall provide a report to the Director, DPAP, ATTN: DPAP/Policy, of all waivers granted under FAR 15.403-1(b)(4), during the previous fiscal year, for any contract, subcontract, or modification expected to have a value of $15,000,000 or more. See PGI 215.403-1(c)(4)(B) for the format and guidance for the report. The Director, DPAP, will submit a consolidated report to the congressional defense committees.
            (C) DoD has waived the requirement for submission of cost or pricing data for the Canadian Commercial Corporation and its subcontractors.
            (D) DoD has waived cost or pricing data requirements for nonprofit organizations (including educational institutions) on cost-reimbursement-no-fee contracts. The contracting officer shall require:

              (1) Submission of information other than cost or pricing data to the extent necessary to determine price reasonableness and cost realism; and

              (2) Cost or pricing data from subcontractors that are not nonprofit organizations when the subcontractor's proposal exceeds the cost or pricing data threshold at FAR 15.403-4(a)(1).
            3. Section 215.403-5 is revised to read as follows:

            215.403-5
            Instructions for submission of cost or pricing data or information other than cost or pricing data.
            When the solicitation requires contractor compliance with the Contractor Cost Data Reporting System, follow the procedures at PGI 215.403-5.

            215.404-1
            [Amended]
            4. Section 215.404-1 is amended by removing paragraph (d).
            5. Sections 215.404-2 and 215.404-3 are revised to read as follows:

            215.404-2
            Information to support proposal analysis.
            See PGI 215.404-2 for guidance on obtaining field pricing or audit assistance.

            215.404-3
            Subcontract pricing considerations.
            Follow the procedures at PGI 215.404-3 when reviewing a subcontractor's proposal.
            6. Section 215.404-4 is amended by revising paragraph (b)(1) introductory text to read as follows:

            215.404-4
            Profit.
            (b) * * *
            (1) Contracting officers shall use a structured approach for developing a prenegotiation profit or fee objective on any negotiated contract action when cost or pricing data is obtained, except for cost-plus-award-fee contracts (see 215.404-74, 216.405-2, and FAR 16.405-2) or contracts with Federally Funded Research and Development Centers (FFRDCs) (see 215.404-75). There are three structured approaches—

            7. Section 215.404-70 is revised to read as follows:

            215.404-70
            DD Form 1547, Record of Weighted Guidelines Method Application.
            Follow the procedures at PGI 215.404-70 for use of DD Form 1547 whenever a structured approach to profit analysis is required.
            8. Section 215.404-71-2 is amended by revising paragraphs (b), (d), and (e) to read as follows:

            215.404-71-2
            Performance risk.

            (b) Determination. See PGI 215.404-71-2(b) for guidance on determining the risk factors to be included in DD Form 1547.

            (d) Evaluation criteria for technical. See PGI 215.404-71-2(d) for guidance on evaluation criteria and examples of when above and below normal values should be applied.
            (e) Evaluation criteria for management/cost control. See PGI 215.404-71-2(e) for guidance on evaluation criteria and examples of when above and below normal values should be applied.
            9. Section 215.404-71-3 is amended by revising paragraphs (b), (d), (e), and (f)(3) to read as follows:

            215.404-71-3
            Contract type risk and working capital adjustment.

            (b) Determination. See PGI 215.404-71-3(b) for guidance on determining the risk factors to be included in DD Form 1547.

            (d) Evaluation criteria. See PGI 215.404-71-3(d) for guidance on evaluation criteria and examples of when above and below normal values should be applied.
            (e) Costs financed. See PGI 215.404-71-3(e) for guidance for determining the amount included in DD Form 1547.
            (f) * * *
            (3) An example is available at PGI 215.404-71-3(f)(3).
            10. Section 215.404-71-4 is revised to read as follows:

            215.404-71-4
            Facilities capital employed.
            (a) Description. This factor focuses on encouraging and rewarding capital investment in facilities that benefit DoD. It recognizes both the facilities capital that the contractor will employ in contract performance and the contractor's commitment to improving productivity.
            (b) Contract facilities capital estimates. The contracting officer shall estimate the facilities capital cost of money and capital employed using:
            (1) An analysis of the appropriate Forms CASB-CMF and cost of money factors (48 CFR 9904.414 and FAR 31.205-10); and
            (2) DD Form 1861, Contract Facilities Capital Cost of Money.
            (c) Use of DD Form 1861. See PGI 215.404-71-4(c) for information on the purpose of DD Form 1861 and instructions for completion of the form.
            (d) Preaward facilities capital applications. Follow the procedures at PGI 215.404-71-4(d) for establishing cost and price objectives.
            (e) Determination. See PGI 215.404-71-4(e) for guidance on determining the amounts and values to be included in DD Form 1547.
            (f) Values: Normal and designated ranges.

                Asset type
                Normal value
                Designated range

                Land
                0%
                N/A.

                Buildings
                0%
                N/A.

                Equipment
                17.5%
                10% to 25%.

            (g) Evaluation criteria. See PGI 215.404-71-4(g) for guidance on evaluation criteria and examples of when above and below normal values should be applied.
            11. Section 215.404-71-5 is amended by revising paragraph (b) and removing paragraph (c). The revised text reads as follows:

            215.404-71-5
            Cost efficiency factor.

            (b) See PGI 215.404-71-5(b) for guidance on appropriate use of the special cost efficiency factor.
            12. Section 215.404-73 is amended by revising paragraph (b)(2)(i) to read as follows:

            215.404-73
            Alternate structured approaches.

            (b) * * *
            (2) * * *
            (i) The contracting officer shall reduce the overall prenegotiation profit objective by the amount of facilities capital cost of money under Cost Accounting Standard 414, Cost of Money as an Element of the Cost of Facilities Capital (48 CFR 9904.414). Cost of money under CAS 417, Cost of Money as an Element of the Cost of Capital Assets Under Construction (48 CFR 9904.417), should not be used to reduce the overall prenegotiation profit objective. The profit amount in the negotiation summary of the DD Form 1547 must be net of the offset.

            13. Sections 215.404-76, 215.406-1, and 215.406-3 are revised to read as follows:

            215.404-76
            Reporting profit and fee statistics.
            Follow the procedures at PGI 215.404-76 for reporting profit and fee statistics.

            215.406-1
            Prenegotiation objectives.
            See PGI 215.406-1 for guidance on establishing prenegotiation objectives.

            215.406-3
            Documenting the negotiation.
            Follow the procedures at PGI 215.406-3 for documenting the negotiation.
            14. Section 215.407-4 is revised to read as follows:

            215.407-4
            Should-cost review.
            See PGI 215.407-4 for guidance on determining whether to perform a program or overhead should-cost review.
            15. Section 215.407-5-70 is amended by revising paragraphs (a)(1), (b)(1), (e), and (f) to read as follows:

            215.407-5-70
            Disclosure, maintenance, and review requirements.
            (a) * * *
            (1) Acceptable estimating system is defined in the clause at 252.215-7002, Cost Estimating System Requirements.

            (b) * * *
            (1) DoD policy is that all contractors have acceptable estimating systems that consistently produce well-supported proposals that are acceptable as a basis for negotiation of fair and reasonable prices.

            (e) Review procedures. Follow the procedures at PGI 215.407-5-70(e) for establishing and conducting estimating system reviews.
            (f) Disposition of survey team findings. Follow the procedures at PGI 215.407-5-70(f) for disposition of the survey team findings.

            16. Section 215.470 is amended by revising paragraph (b), removing paragraph (c), and redesignating paragraph (d) as paragraph (c). The revised text reads as follows:

            215.470
            Estimated data prices.

            (b) When data are required to be delivered under a contract, include DD Form 1423, Contract Data Requirements List, in the solicitation. See PGI 215.470(b) for guidance on the use of DD Form 1423.

          PART 230—COST ACCOUNTING STANDARDS ADMINISTRATION
          17. Section 230.201-5 is revised to read as follows:

            230.201-5
            Waiver.
            (a)(1)(A) The military departments and the Director, Defense Procurement and Acquisition Policy, Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics):

              (1) May grant CAS waivers that meet the conditions in FAR 30.201-5(b)(1); and

              (2) May grant CAS waivers that meet the conditions in FAR 30.201-5(b)(2), provided the cognizant Federal agency official granting the waiver determines that:

              (i) The property or services cannot reasonably be obtained under the contract, subcontract, or modification, as applicable, without granting the waiver;

              (ii) The price can be determined to be fair and reasonable without the application of the Cost Accounting Standards; and

              (iii) There are demonstrated benefits to granting the waiver.
            (B) Follow the procedures at PGI 230.201-5(a)(1) for submitting waiver requests to the Director, Defense Procurement and Acquisition Policy.
            (2) The military departments shall not delegate CAS waiver authority below the individual responsible for issuing contracting policy for the department.

            (e) By November 30th of each year, the military departments shall provide a report to the Director, Defense Procurement and Acquisition Policy, ATTN: DPAP/Policy, of all waivers granted under FAR 30.201-5(a), during the previous fiscal year, for any contract, subcontract, or modification expected to have a value of $15,000,000 or more. See PGI 230.201-5(e) for the format and guidance for the report. The Director, Defense Procurement and Acquisition Policy, will submit a consolidated report to the CAS Board and the congressional defense committees.

            Subparts 230.70 and 230.71—[Removed]

          18. Subparts 230.70 and 230.71 are removed.

          PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
          19. Section 252.215-7002 is amended as follows:
          a. By revising the clause date;
          b. In paragraph (a), by revising the paragraph heading and adding a definition of “Acceptable estimating system”; and
          c. By revising paragraph (b). The revised and added text reads as follows:

            252.215-7002
            Cost estimating system requirements.

            COST ESTIMATING SYSTEM REQUIREMENTS (XXX 2005)
            (a) Definitions.

              Acceptable estimating system means an estimating system that—
            (1) Is maintained, reliable and consistently applied;
            (2) Produces verifiable, supportable and documented cost estimates that are an acceptable basis for negotiation of fair and reasonable prices;
            (3) Is consistent with and integrated with the Contractor's related management systems; and
            (4) Is subject to applicable financial control systems.

            (b) General. The Contractor shall establish, maintain, and comply with an acceptable estimating system.

          PART 253—FORMS
          20. Section 253.215-70 is revised to read as follows:

            253.215-70
            DD Form 1547, Record of Weighted Guidelines Application.
            Follow the procedures at PGI 253.215-70 for completing DD Form 1547.

      [FR Doc. 05-24219 Filed 12-19-05; 8:45 am]
      BILLING CODE 5001-08-P