83 FR 25638 - Rescinding Department of Homeland Security Acquisition Regulation (HSAR) Clause 3052.219-70, Small Business Subcontracting Plan Reporting (HSAR Case 2017-001)
DEPARTMENT OF HOMELAND SECURITY Federal Register Volume 83, Issue 107 (June 4, 2018)
Federal Register Volume 83, Issue 107 (June 4, 2018)
| Page Range | 25638-25639 | |
| FR Document | 2018-11617 |
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)] [Proposed Rules] [Pages 25638-25639] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11617] ======================================================================= ----------------------------------------------------------------------- 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 3052.219-70, Small Business Subcontracting Plan Reporting (HSAR Case 2017-001) AGENCY: Office of the Chief Procurement Officer, Department of Homeland Security (DHS). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DHS is proposing to deregulate HSAR clause 3052.219-70 as the requirements of this clause duplicate the requirements in Federal Acquisition Regulation (FAR) clause 52.219-9, Small Business Subcontracting Plan. As such, HSAR clause 3052.219-70 is no longer needed to provide guidance to contractors and DHS proposes to remove the clause from the HSAR. DATES: Interested parties should submit written comments to one of the addresses shown below on or before July 5, 2018, to be considered in the formation of the final rule. ADDRESSES: Submit comments identified by HSAR Case 2017-001, Rescinding HSAR clause 3052.219-70, Small Business Subcontracting Plan Reporting, using any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ``HSAR Case 2017-001'' under the heading ``Enter Keyword or ID'' and selecting ``Search.'' Select the link ``Submit a Comment'' that corresponds with ``HSAR Case 2017-001.'' Follow the instructions provided at the ``Submit a Comment'' screen. Please include your name, company name (if any), and ``HSAR Case 2017-001'' on your attached document. Fax: (202) 447-0520. Mail: Department of Homeland Security, Office of the Chief Procurement Officer, Acquisition Policy and Legislation, ATTN: Ms. Candace Lightfoot, 245 Murray Lane, Mail Stop 0080, Washington, DC 20528. Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check http://www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). 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 [email protected]. When using email, include HSAR Case 2017-001 in the ``Subject'' line. SUPPLEMENTARY INFORMATION: I. Background On December 4, 2003, DHS published an interim final rule to establish the Department of Homeland Security Acquisition Regulation (HSAR). 68 FR 67867. On May 2, 2006, DHS published [[Page 25639]] a final rule, which adopted the interim rule with some changes in response to public comment (HSAR final rule). 71 FR 25759. 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. This change to the FAR was issued under Federal Acquisition Circular 2005-42 of June 16, 2010. 75 FR 34291. 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 proposing 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 proposing to amend the authority citation for part 3019 to conform the authority to 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. 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. OMB 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. III. Regulatory Flexibility Act This action rescinds HSAR clause 3052.219-70 and, as such, DHS does not expect the proposed change to 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. IV. Paperwork Reduction Act The 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. Therefore, DHS proposes to revise 48 CFR parts 3019 and 3052 as follows: PART 3019--SMALL BUSINESS PROGRAMS 0 1. Revise the authority citation for 48 CFR part 3019 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. 0 2. Amend section 3019.708-70 by removing paragraph (a) and redesignating paragraph (b) as paragraph (a), and paragraph (c) as paragraph (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 0 4. Remove clause 3052.219-70. Soraya Correa, Chief Procurement Officer, Department of Homeland Security. [FR Doc. 2018-11617 Filed 6-1-18; 8:45 am] BILLING CODE 9110-9B-P
![25638 Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Proposed Rules
conducted on September 6, 2006. The conduct interviews and/or gather the requirements of this clause
Final Close Out Report for OU3 is dated community input. duplicate the requirements in Federal
September 7, 2006. Site-wide, Today, approximately seventy percent Acquisition Regulation (FAR) clause
approximately a total of 137,000 tons of the Site has been fully developed for 52.219–9, Small Business
were excavated and placed beneath an residential and commercial land-use. Subcontracting Plan. As such, HSAR
engineered soil and clay cap on-site. The successful revitalization of this Site clause 3052.219–70 is no longer needed
UDEQ was the lead agency for the is sustainable, provides valuable reuse, to provide guidance to contractors and
remediation as defined in a cooperative and elevates the quality of life with DHS proposes to remove the clause from
agreement between EPA and UDEQ. revitalization for years to come. the HSAR.
Operation and Maintenance Determination that the Site Meets the DATES: Interested parties should submit
Criteria for Deletion written comments to one of the
The Operations and Maintenance Plan addresses shown below on or before
consists of the following activities: The implemented Site-wide remedy July 5, 2018, to be considered in the
inspection/observation during achieves the RAOs specified in the formation of the final rule.
redevelopment construction; review of September 2009 OU2 ROD and the April
ADDRESSES: Submit comments
development construction plans and 25, 2005 OU1/OU3 ESD for all pathways
identified by HSAR Case 2017–001,
specification for conformance with of exposure. No further Superfund
Rescinding HSAR clause 3052.219–70,
cover requirements; storm water responses are needed to protect human
Small Business Subcontracting Plan
management and irrigation restrictions; health and the environment at the Site.
Reporting, using any of the following
and temporary stockpile and covering of The NCP (40 CFR 300.425(e)) states
methods:
soil and slag. Maintaining appropriate that a site may be deleted from the NPL • Regulations.gov: http://
soil cover and drainage is a required when no further response action is www.regulations.gov.
operation and maintenance IC. The appropriate. EPA, in consultation with Submit comments via the Federal
State is responsible for enforcing the cap the State of Utah, has determined that eRulemaking portal by entering ‘‘HSAR
and soil ICs. all required response actions have been Case 2017–001’’ under the heading
The 2009 OU2 ROD required the implemented and no further response ‘‘Enter Keyword or ID’’ and selecting
establishment of ICs to prevent exposure action is appropriate. ‘‘Search.’’ Select the link ‘‘Submit a
to contaminated materials and to require List of Subjects in 40 CFR Part 300 Comment’’ that corresponds with
State review of future changes to land ‘‘HSAR Case 2017–001.’’ Follow the
Environmental protection, Air
use. ICs that support limited instructions provided at the ‘‘Submit a
pollution control, Chemicals, Hazardous
commercial and residential re-use were Comment’’ screen. Please include your
waste, Hazardous substances,
adopted by the City of Sandy. In name, company name (if any), and
Intergovernmental relations, Penalties,
addition, ICs for groundwater and ‘‘HSAR Case 2017–001’’ on your
Reporting and recordkeeping
surface water were established by the attached document.
requirements, Superfund, Water • Fax: (202) 447–0520.
State to prohibit use as drinking water.
pollution control, Water supply. • Mail: Department of Homeland
Five-Year Review Authority: 33 U.S.C. 1321(d); 42 U.S.C. Security, Office of the Chief
Statutory Five-Year Reviews (FYR) of 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, Procurement Officer, Acquisition Policy
2013 Comp., p. 306; E.O. 12777, 56 FR 54757, and Legislation, ATTN: Ms. Candace
the Site are required because hazardous 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
substances remain on-Site above levels Lightfoot, 245 Murray Lane, Mail Stop
FR 2923, 3 CFR, 1987 Comp., p. 193.
which allow for unlimited use and 0080, Washington, DC 20528.
unrestricted exposure. Two FYRs were Dated: May 21, 2018. Comments received generally will be
conducted, in 2012 and 2017. Both Douglas H. Benevento, posted without change to http://
FYRs found the remedy at the Site to be Regional Administrator, Region 8. www.regulations.gov, including any
protective. The 2017 FYR identified an [FR Doc. 2018–11758 Filed 6–1–18; 8:45 am] personal information provided. To
issue of needing to clarify roles of local BILLING CODE 6560–50–P
confirm receipt of your comment(s),
authorities with respect to ICs. The please check http://
issue was resolved by ensuring Salt www.regulations.gov, approximately
Lake County would monitor and enforce DEPARTMENT OF HOMELAND two to three days after submission to
ICs. The next five-year review is SECURITY verify posting (except allow 30 days for
scheduled to be completed by posting of comments submitted by
September 2022. 48 CFR Parts 3019 and 3052 mail).
[Docket No. DHS–2018–0024] FOR FURTHER INFORMATION CONTACT: Ms.
Community Involvement
Candace Lightfoot, Procurement
Major community involvement RIN 1601–AA83 Analyst, DHS, Office of the Chief
activities included establishing a local Procurement Officer, Acquisition Policy
presence by meeting with local property Rescinding Department of Homeland and Legislation at (202) 447–0882 or
owners and concerned citizens. Security Acquisition Regulation email HSAR@hq.dhs.gov. When using
Outreach efforts included community (HSAR) Clause 3052.219–70, Small email, include HSAR Case 2017–001 in
interviews, fact sheets, letters, flyers, Business Subcontracting Plan the ‘‘Subject’’ line.
sradovich on DSK3GMQ082PROD with PROPOSALS
door-to-door visits, public meetings, Reporting (HSAR Case 2017–001)
SUPPLEMENTARY INFORMATION:
neighborhood meetings, public AGENCY: Office of the Chief Procurement
comment periods and website updates. I. Background
Officer, Department of Homeland
The most recent interviews were Security (DHS). On December 4, 2003, DHS published
conducted in the spring 2017 for the ACTION: Proposed rule. an interim final rule to establish the
FYR. The EPA’s Community Department of Homeland Security
Involvement criteria associated with 40 SUMMARY: DHS is proposing to Acquisition Regulation (HSAR). 68 FR
CFR 300.425(e)(4) require EPA to deregulate HSAR clause 3052.219–70 as 67867. On May 2, 2006, DHS published
VerDate Sep<11>2014 16:57 Jun 01, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4702 Sfmt 4702 E:\FR\FM\04JNP1.SGM 04JNP1](https://thefederalregister.org/doc/83_FR_25745/page/1.svg)
![Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Proposed Rules 25639
a final rule, which adopted the interim and 12866 (‘‘Regulatory Planning and require the approval of the Office of
rule with some changes in response to Review’’) direct agencies to assess the Management and Budget under the
public comment (HSAR final rule). 71 costs and benefits of available regulatory Paperwork Reduction Act (44 U.S.C.
FR 25759. The HSAR final rule alternatives and, if regulation is chapter 35).
finalized, among other things, HSAR necessary, to select regulatory The total hours and costs associated
clause 3052.219–70, Small Business approaches that maximize net benefits with existing HSAR clause 3052.219–70,
Subcontracting Reporting Plan (48 CFR (including potential economic, as set forth in HSAR OMB Control
3052.219–70). HSAR clause 3052.219– environmental, public health and safety Number, 1600–0003, Post-award
70 requires contractors to: (a) Enter the effects, distributive impacts, and Contract Information, are as follows:
information for the Subcontracting equity). Executive Order 13563
Report for Individual Contracts emphasizes the importance of Estimated Respondents: 11,885.
(formally the Standard Form 294 (SF– quantifying both costs and benefits, of Average Responses Annually: 3.
294)) and the Summary Subcontract reducing costs, of harmonizing rules, Total Annual Responses: 35,655.
Report (formally the Standard Form 295 and of promoting flexibility. Executive
(SF–295)) into the Electronic Order 13771 (‘‘Reducing Regulation and Estimated Hours: 12.
Subcontracting Reporting System (eSRS) Controlling Regulatory Costs’’) directs Total Hours: 427,860.
at www.esrs.gov; and (b) include HSAR agencies to reduce regulation and Hourly Rate: $67.86.
clause 3052.219.70 in all subcontracts control regulatory costs and provides
that include the clause at (FAR) 48 CFR that ‘‘for every one new regulation Total Costs: $29,034,579.60.
52.219–9. The eSRS is a web-based issued, at least two prior regulations be List of Subjects in 48 CFR Parts 3019
system, which replaces the Standard identified for elimination, and that the and 3052
Forms 294 and 295 as the mechanism cost of planned regulations be prudently
for submitting reports required by the managed and controlled through a Government procurement.
small business subcontracting program. budgeting process.’’
On June 16, 2010, the Civilian Agency The Office of Management and Budget Therefore, DHS proposes to revise 48
Acquisition Council and the Defense (OMB) has not designated this rule a CFR parts 3019 and 3052 as follows:
Acquisition Regulations Council issued ‘‘significant regulatory action,’’ under
a final rule amending the Federal section 3(f) of Executive Order 12866. PART 3019—SMALL BUSINESS
Acquisition Regulation (FAR) to require Accordingly, OMB has not reviewed it. PROGRAMS
contractors’ small business subcontract OMB considers this rule to be an
reports be submitted using the eSRS, Executive Order 13771 deregulatory ■1. Revise the authority citation for 48
rather than Standard Forms 294 and action. See OMB’s Memorandum CFR part 3019 to read as follows:
295. 75 FR 34260; FAR Case 2005–040. ‘‘Guidance Implementing Executive Authority: 5 U.S.C. 301–302, 41 U.S.C.
This change to the FAR was issued Order 13771, Titled ‘Reducing 1702, 41 U.S.C. 1707, and 48 CFR part 1 and
under Federal Acquisition Circular Regulation and Controlling Regulatory subpart 1.3.
2005–42 of June 16, 2010. 75 FR 34291. Costs’’’ (April 5, 2017). This rule is not
As a result of the FAR revision HSAR a major rule under 5 U.S.C. 804. ■ 2. Amend section 3019.708–70 by
clause 3052.219–70 is no longer needed There are no quantified costs or cost removing paragraph (a) and
to provide guidance to contractors on savings to this rule as it simply rescinds redesignating paragraph (b) as paragraph
the eSRS requirements. Therefore, DHS requirements that have already been (a), and paragraph (c) as paragraph (b).
is proposing to remove HSAR clause shifted to the FAR. DHS believes there
3052.219–70 and the cross-reference to are non-monetized efficiency and PART 3052—SOLICITATION
it found in paragraph (a) of 48 CFR streamlining benefits to this rule as it PROVISIONS AND CONTRACT
3019.708–70. removes outdated provisions of the CLAUSES
In addition, DHS is proposing to HSAR.
amend the authority citation for part ■ 3. The authority citation for 48 CFR
III. Regulatory Flexibility Act part 3052 continues to read as follows:
3019 to conform the authority to the
Positive Law Codification of Title 41, This action rescinds HSAR clause Authority: 5 U.S.C. 301–302, 41 U.S.C.
United States code, ‘‘Public Contracts’’. 3052.219–70 and, as such, DHS does not 1702, 41 U.S.C. 1707, and 48 CFR part 1 and
The new codification of Title 41 was expect the proposed change to result in subpart 1.3
enacted on January 4, 2011.1 a significant economic impact on a
substantial number of small entities ■ 4. Remove clause 3052.219–70.
II. Executive Orders 12866, 13563, and within the meaning of the Regulatory
13771 Soraya Correa,
Flexibility Act, 5 U.S.C. 601, et seq.
Executive Orders 13563 (‘‘Improving Chief Procurement Officer, Department of
Regulation and Regulatory Review’’) IV. Paperwork Reduction Act Homeland Security.
The rule does not contain any [FR Doc. 2018–11617 Filed 6–1–18; 8:45 am]
1 See Public Law 111–350, (Jan. 4, 2011). information collection requirements that BILLING CODE 9110–9B–P
sradovich on DSK3GMQ082PROD with PROPOSALS
VerDate Sep<11>2014 16:57 Jun 01, 2018 Jkt 244001 PO 00000 Frm 00057 Fmt 4702 Sfmt 9990 E:\FR\FM\04JNP1.SGM 04JNP1](https://thefederalregister.org/doc/83_FR_25745/page/2.svg)
Document Created: 2018-06-02 00:47:42
Document Modified: 2018-06-02 00:47:42
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Interested parties should submit written comments to one of the | |
| Contact | Ms. Candace Lightfoot, Procurement Analyst, DHS, Office of the Chief Procurement Officer, Acquisition Policy and Legislation at (202) 447-0882 or email [email protected] When using email, include HSAR Case 2017-001 in the ``Subject'' line. | |
| FR Citation | 83 FR 25638 | |
| RIN Number | 1601-AA83 | |
| CFR Citation | 48
CFR
3019 48 CFR 3052 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR