Rescinding Department of Homeland Security Acquisition Regulation (HSAR) Clause Regarding Small Business Subcontracting Plan Reporting (HSAR Case 2017-001), 67123-67124 [2018-28142]

Download as PDF Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations (3) A rate-of-return carrier accepting future offers of Alternative-Connect America Cost Model support or otherwise transitioning away from legacy support mechanisms and electing incentive regulation for its business data services must notify the Chief of the Wireline Competition Bureau of its election by May 1 following its acceptance of the offer for it to become effective concurrent with that year’s annual access tariff filing. ■ 11. Section 61.55 is amended by revising paragraph (a) to read as follows: § 61.55 Contract-based tariffs. (a) This section shall apply to price cap local exchange carriers permitted to offer contract-based tariffs under § 1.776 or § 69.805 of this chapter, as well as to the offering of business data services by rate-of-return carriers pursuant to § 61.50. * * * * * PART 69—ACCESS CHARGES 12. The authority citation for part 69 continues to read as follows: ■ Authority: 47 U.S.C. 154, 201, 202, 203, 205, 218, 220, 254, 403. 13. Section 69.114 is amended by revising paragraph (a) to read as follows: ■ § 69.114 Special access. (a) Appropriate subelements shall be established for the use of equipment or facilities that are assigned to the Special Access element for purposes of apportioning net investment, or that are equivalent to such equipment or facilities for companies subject to price cap regulation as that term is defined in § 61.3(ff) of this chapter. * * * * * [FR Doc. 2018–27528 Filed 12–27–18; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF HOMELAND SECURITY 48 CFR Parts 3019 and 3052 [Docket No. DHS–2018–0024] amozie on DSK3GDR082PROD with RULES RIN 1601–AA83 Rescinding Department of Homeland Security Acquisition Regulation (HSAR) Clause Regarding Small Business Subcontracting Plan Reporting (HSAR Case 2017–001) Office of the Chief Procurement Officer, Department of Homeland Security (DHS). ACTION: Final rule. AGENCY: VerDate Sep<11>2014 18:07 Dec 27, 2018 Jkt 247001 This final rule amends the HSAR by removing the HSAR clause regarding small business subcontracting plan reporting because the requirements of this clause duplicate the requirements in a Federal Acquisition Regulation (FAR) clause. The HSAR clause is no longer needed to provide guidance to contractors and DHS proposes to remove the clause from the HSAR. DATES: Effective Date: January 28, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Candace Lightfoot, Procurement Analyst, DHS, Office of the Chief Procurement Officer, Acquisition Policy and Legislation at (202) 447–0882 or email HSAR@hq.dhs.gov for clarification of content. When using email, include HSAR Case 2017–001 in the ‘‘Subject’’ line. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In a Notice of Proposed Rulemaking (NPRM) published in the Federal Register (83 FR 25638) on June 4, 2018, the Department of Homeland Security, Office of the Chief Procurement Officer, proposed to remove HSAR clause 3052.219–70 and the cross-reference to it found in paragraph (a) of 48 CFR 3019.708–70. As explained in the NPRM, on December 4, 2003, DHS published an interim final rule to establish the Department of Homeland Security Acquisition Regulation (HSAR). 68 FR 67867 (Dec. 4, 2003). On May 2, 2006, DHS published a final rule, which adopted the interim rule with some changes in response to public comment (HSAR final rule). 71 FR 25759 (May 2, 2006). The HSAR final rule finalized, among other things, HSAR clause 3052.219–70, Small Business Subcontracting Reporting Plan (48 CFR 3052.219–70). HSAR clause 3052.219– 70 requires contractors to: (a) Enter the information for the Subcontracting Report for Individual Contracts (formally the Standard Form 294 (SF– 294)) and the Summary Subcontract Report (formally the Standard Form 295 (SF–295)) into the Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov; and (b) include HSAR clause 3052.219.70 in all subcontracts that include the clause at (FAR) 48 CFR 52.219–9. The eSRS is a web-based system, which replaces the Standard Forms 294 and 295 as the mechanism for submitting reports required by the small business subcontracting program. On June 16, 2010, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council issued a final rule amending the Federal PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 67123 Acquisition Regulation (FAR) to require contractors’ small business subcontract reports be submitted using the eSRS, rather than Standard Forms 294 and 295. 75 FR 34260; FAR Case 2005–040 (June 16, 2010). This change to the FAR was issued under Federal Acquisition Circular 2005–42 of June 16, 2010. 75 FR 34291 (June 16, 2010). As a result of the FAR revision HSAR clause 3052.219–70 is no longer needed to provide guidance to contractors on the eSRS requirements. Therefore, DHS is amending the HSAR to remove HSAR clause 3052.219–70 and the crossreference to it found in paragraph (a) of 48 CFR 3019.708–70. In addition, DHS is also to amending the authority citation for part 3019 to conform with the authority of the Positive Law Codification of Title 41, United States code, ‘‘Public Contracts’’. The new codification of Title 41 was enacted on January 4, 2011.1 II. Discussion and Analysis Interested parties were given until July 5, 2018, to comment on the proposed changes. No public comments were submitted in response to the proposed rule. Accordingly, DHS will adopt the proposal as set forth in the NPRM without change. III. Executive Orders 12866, 13563, and 13771 Executive Orders 13563 (‘‘Improving Regulation and Regulatory Review’’) and 12866 (‘‘Regulatory Planning and Review’’) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (‘‘Reducing Regulation and Controlling Regulatory Costs’’) directs agencies to reduce regulation and control regulatory costs and provides that ‘‘for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.’’ The Office of Management and Budget (OMB) has not designated this rule a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. 1 See E:\FR\FM\28DER1.SGM Public Law 111–350, (Jan. 4, 2011). 28DER1 67124 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations DHS considers this rule to be an Executive Order 13771 deregulatory action. See OMB’s Memorandum ‘‘Guidance Implementing Executive Order 13771, Titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (April 5, 2017). This rule is not a major rule under 5 U.S.C. 804. There are no quantified costs or cost savings to this rule as it simply rescinds requirements that have already been shifted to the FAR. DHS believes there are non-monetized efficiency and streamlining benefits to this rule as it removes outdated provisions of the HSAR. IV. Regulatory Flexibility Act V. Paperwork Reduction Act List of Subjects in 48 CFR Parts 3019 and 3052. Government procurement. For the reasons set forth above, DHS amends 48 CFR parts 3019 and 3052 as follows: PART 3019—SMALL BUSINESS PROGRAMS 1. The authority citation for 48 CFR part 3019 is revised to read as follows: ■ amozie on DSK3GDR082PROD with RULES Authority: 5 U.S.C. 301–302, 41 U.S.C. 1702, 41 U.S.C. 1707, and 48 CFR part 1 and subpart 1.3. [Amended] 2. Section 3019.708–70 is amended by: ■ a. Removing paragraph (a); and ■ b. Redesignating paragraphs (b) and (c) as paragraphs (a) and (b). VerDate Sep<11>2014 16:02 Dec 27, 2018 Jkt 247001 Authority: 5 U.S.C. 301–302, 41 U.S.C. 1702, 41 U.S.C. 1707, and 48 CFR part 1 and subpart 1.3. 3052.219–70 ■ [Removed] 4. Remove section 3052.219–70. Soraya Correa, Chief Procurement Officer, Department of Homeland Security. [FR Doc. 2018–28142 Filed 12–27–18; 8:45 am] DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Part 367 [Docket No. FMCSA–2018–0068] The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). The total hours and costs associated with existing HSAR clause 3052.219–70, as set forth in HSAR OMB Control Number, 1600–0003, Post-award Contract Information, are as follows: Estimated Respondents: 11,885. Average Responses Annually: 3. Total Annual Responses: 35,655. Estimated Hours: 12. Total Hours: 427,860. Hourly Rate: $67.86. Total Costs: $29,034,579.60. ■ 3. The authority citation for 48 CFR part 3052 continues to read as follows: ■ BILLING CODE 4410–9B–P This action rescinds HSAR clause 3052.219–70 and, as such, DHS certifies that this final rule will not result in 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. 3019.708–70 PART 3052—SOLICITATION PROVISIONS AND CONTRACT CLAUSES RIN 2126–AC12 Fees for the Unified Carrier Registration Plan and Agreement Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: This rule establishes reductions in the annual registration fees collected from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies for the Unified Carrier Registration (UCR) Plan and Agreement for the registration years 2019, 2020 and thereafter. For the 2019 registration year, the fees will be reduced below the 2017 registration fee level that was in effect by 18.62 percent to ensure that fee revenues collected do not exceed the statutory maximum, and to account for the excess funds held in the depository. The fees beginning with the 2020 registration year will be reduced below the 2017 level by approximately 9.9 percent. The reduction of the current 2019 registration year fees (finalized on January 5, 2018) range from approximately $11 to $10,282 per entity, depending on the number of vehicles owned or operated by the affected entities. The reduction in fees for 2020 and subsequent registration years range from approximately $5 to $3,899 per entity. SUMMARY: This final rule is effective December 28, 2018. DATES: Mr. Gerald Folsom, Office of Registration FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 and Safety Information, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590–0001 or by telephone at 202– 385–2405. SUPPLEMENTARY INFORMATION: I. Rulemaking Documents A. Availability of Rulemaking Documents For access to docket FMCSA–2018– 0068 to read background documents, go to https://www.regulations.gov at any time, or to Docket Services at U.S. Department of Transportation, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. B. Privacy Act In accordance with 5 U.S.C. 553(c), the U.S. Department of Transportation (DOT) solicits comments from the public to better inform its rulemaking process. DOT posts any comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL 14–FDMS), which can be reviewed at https://www.transportation.gov/privacy. II. Abbreviations and Acronyms The following is a list of abbreviations used in this document: CE Categorical Exclusion DOT U.S. Department of Transportation E.O. Executive Order FMCSA Federal Motor Carrier Safety Administration NPRM Notice of proposed rulemaking OMB Office of Management and Budget PRA Paperwork Reduction Act RFA Regulatory Flexibility Act SBREFA Small Business Regulatory Enforcement Fairness Act SBTC Small Business in Transportation Coalition SSRS Single State Registration System UCR Unified Carrier Registration UCR Agreement Unified Carrier Registration Agreement UCR Board Unified Carrier Registration Board of Directors UCR Plan Unified Carrier Registration Plan III. Executive Summary A. Purpose and Summary of the Major Provisions The UCR Plan and the 41 States participating in the UCR Agreement establish and collect fees from motor carriers, motor private carriers of property, brokers, freight forwarders, and leasing companies. The UCR Plan and Agreement are administered by a 15-member board of directors (UCR Board); 14 appointed from the participating States and the industry, E:\FR\FM\28DER1.SGM 28DER1

Agencies

[Federal Register Volume 83, Number 248 (Friday, December 28, 2018)]
[Rules and Regulations]
[Pages 67123-67124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-28142]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

48 CFR Parts 3019 and 3052

[Docket No. DHS-2018-0024]
RIN 1601-AA83


Rescinding Department of Homeland Security Acquisition Regulation 
(HSAR) Clause Regarding Small Business Subcontracting Plan Reporting 
(HSAR Case 2017-001)

AGENCY: Office of the Chief Procurement Officer, Department of Homeland 
Security (DHS).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends the HSAR by removing the HSAR clause 
regarding small business subcontracting plan reporting because the 
requirements of this clause duplicate the requirements in a Federal 
Acquisition Regulation (FAR) clause. The HSAR clause is no longer 
needed to provide guidance to contractors and DHS proposes to remove 
the clause from the HSAR.

DATES: Effective Date: January 28, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Candace Lightfoot, Procurement 
Analyst, DHS, Office of the Chief Procurement Officer, Acquisition 
Policy and Legislation at (202) 447-0882 or email HSAR@hq.dhs.gov for 
clarification of content. When using email, include HSAR Case 2017-001 
in the ``Subject'' line.

SUPPLEMENTARY INFORMATION: 

I. Background

    In a Notice of Proposed Rulemaking (NPRM) published in the Federal 
Register (83 FR 25638) on June 4, 2018, the Department of Homeland 
Security, Office of the Chief Procurement Officer, proposed to remove 
HSAR clause 3052.219-70 and the cross-reference to it found in 
paragraph (a) of 48 CFR 3019.708-70.
    As explained in the NPRM, on December 4, 2003, DHS published an 
interim final rule to establish the Department of Homeland Security 
Acquisition Regulation (HSAR). 68 FR 67867 (Dec. 4, 2003). On May 2, 
2006, DHS published a final rule, which adopted the interim rule with 
some changes in response to public comment (HSAR final rule). 71 FR 
25759 (May 2, 2006). The HSAR final rule finalized, among other things, 
HSAR clause 3052.219-70, Small Business Subcontracting Reporting Plan 
(48 CFR 3052.219-70). HSAR clause 3052.219-70 requires contractors to: 
(a) Enter the information for the Subcontracting Report for Individual 
Contracts (formally the Standard Form 294 (SF-294)) and the Summary 
Subcontract Report (formally the Standard Form 295 (SF-295)) into the 
Electronic Subcontracting Reporting System (eSRS) at www.esrs.gov; and 
(b) include HSAR clause 3052.219.70 in all subcontracts that include 
the clause at (FAR) 48 CFR 52.219-9. The eSRS is a web-based system, 
which replaces the Standard Forms 294 and 295 as the mechanism for 
submitting reports required by the small business subcontracting 
program. On June 16, 2010, the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council issued a final rule 
amending the Federal Acquisition Regulation (FAR) to require 
contractors' small business subcontract reports be submitted using the 
eSRS, rather than Standard Forms 294 and 295. 75 FR 34260; FAR Case 
2005-040 (June 16, 2010). This change to the FAR was issued under 
Federal Acquisition Circular 2005-42 of June 16, 2010. 75 FR 34291 
(June 16, 2010). As a result of the FAR revision HSAR clause 3052.219-
70 is no longer needed to provide guidance to contractors on the eSRS 
requirements. Therefore, DHS is amending the HSAR to remove HSAR clause 
3052.219-70 and the cross-reference to it found in paragraph (a) of 48 
CFR 3019.708-70.
    In addition, DHS is also to amending the authority citation for 
part 3019 to conform with the authority of the Positive Law 
Codification of Title 41, United States code, ``Public Contracts''. The 
new codification of Title 41 was enacted on January 4, 2011.\1\
---------------------------------------------------------------------------

    \1\ See Public Law 111-350, (Jan. 4, 2011).
---------------------------------------------------------------------------

II. Discussion and Analysis

    Interested parties were given until July 5, 2018, to comment on the 
proposed changes. No public comments were submitted in response to the 
proposed rule. Accordingly, DHS will adopt the proposal as set forth in 
the NPRM without change.

III. Executive Orders 12866, 13563, and 13771

    Executive Orders 13563 (``Improving Regulation and Regulatory 
Review'') and 12866 (``Regulatory Planning and Review'') direct 
agencies to assess the costs and benefits of available regulatory 
alternatives and, if regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, distributive impacts, 
and equity). Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. Executive Order 13771 (``Reducing 
Regulation and Controlling Regulatory Costs'') directs agencies to 
reduce regulation and control regulatory costs and provides that ``for 
every one new regulation issued, at least two prior regulations be 
identified for elimination, and that the cost of planned regulations be 
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it.

[[Page 67124]]

DHS considers this rule to be an Executive Order 13771 deregulatory 
action. See OMB's Memorandum ``Guidance Implementing Executive Order 
13771, Titled `Reducing Regulation and Controlling Regulatory Costs' '' 
(April 5, 2017). This rule is not a major rule under 5 U.S.C. 804.
    There are no quantified costs or cost savings to this rule as it 
simply rescinds requirements that have already been shifted to the FAR. 
DHS believes there are non-monetized efficiency and streamlining 
benefits to this rule as it removes outdated provisions of the HSAR.

IV. Regulatory Flexibility Act

    This action rescinds HSAR clause 3052.219-70 and, as such, DHS 
certifies that this final rule will not result in 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.

V. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
    The total hours and costs associated with existing HSAR clause 
3052.219-70, as set forth in HSAR OMB Control Number, 1600-0003, Post-
award Contract Information, are as follows:
    Estimated Respondents: 11,885.
    Average Responses Annually: 3.
    Total Annual Responses: 35,655.
    Estimated Hours: 12.
    Total Hours: 427,860.
    Hourly Rate: $67.86.
    Total Costs: $29,034,579.60.

List of Subjects in 48 CFR Parts 3019 and 3052.

    Government procurement.

    For the reasons set forth above, DHS amends 48 CFR parts 3019 and 
3052 as follows:

PART 3019--SMALL BUSINESS PROGRAMS

0
1. The authority citation for 48 CFR part 3019 is revised to read as 
follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1702, 41 U.S.C. 1707, and 
48 CFR part 1 and subpart 1.3.


3019.708-70  [Amended]

0
2. Section 3019.708-70 is amended by:
0
a. Removing paragraph (a); and
0
b. Redesignating paragraphs (b) and (c) as paragraphs (a) and (b).

PART 3052--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. The authority citation for 48 CFR part 3052 continues to read as 
follows:

    Authority: 5 U.S.C. 301-302, 41 U.S.C. 1702, 41 U.S.C. 1707, and 
48 CFR part 1 and subpart 1.3.


3052.219-70  [Removed]

0
4. Remove section 3052.219-70.

Soraya Correa,
Chief Procurement Officer, Department of Homeland Security.
[FR Doc. 2018-28142 Filed 12-27-18; 8:45 am]
 BILLING CODE 4410-9B-P
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