83_FR_30792 83 FR 30666 - Defense Federal Acquisition Regulation Supplement: Submission of Summary Subcontract Reports (DFARS Case 2017-D005)

83 FR 30666 - Defense Federal Acquisition Regulation Supplement: Submission of Summary Subcontract Reports (DFARS Case 2017-D005)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 83, Issue 126 (June 29, 2018)

Page Range30666-30668
FR Document2018-14069

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the entity to which contractors submit Summary Subcontract Reports in the Electronic Subcontracting Reporting System (eSRS) and to clarify the entity that acknowledges receipt of, or rejects, the reports in eSRS.

Federal Register, Volume 83 Issue 126 (Friday, June 29, 2018)
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Proposed Rules]
[Pages 30666-30668]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14069]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2018-0018]
RIN 0750-AJ42


Defense Federal Acquisition Regulation Supplement: Submission of 
Summary Subcontract Reports (DFARS Case 2017-D005)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule.

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

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to clarify the entity to which 
contractors submit Summary Subcontract Reports in the Electronic 
Subcontracting Reporting System (eSRS) and to clarify the entity that 
acknowledges receipt of, or rejects, the reports in eSRS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before August 28, 2018, to be considered 
in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2017-D005, using 
any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Search for ``DFARS Case 2017-D005.'' Select ``Comment Now'' and follow 
the instructions provided to submit a comment. Please include ``DFARS 
Case 2017-D005'' on any attached documents.
    [cir] Email: [email protected]. Include DFARS Case 2017-D005 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Jennifer D. Johnson, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense 
Pentagon, Washington, DC 20301-3060.
    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 www.regulations.gov, 
approximately 2 to 3 days after submission to verify posting (except 
allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone 
571-372-6100.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is proposing to revise the DFARS to implement a policy that 
streamlines the submission and review of Summary Subcontract Reports 
(SSRs) for DoD contractors and brings the DFARS into compliance with 
changes to the Federal Acquisition Regulation (FAR). Instead of 
submitting multiple SSRs to departments and agencies within DoD, 
contractors with individual subcontracting plans will submit a single, 
consolidated SSR in eSRS at the DoD level. The consolidated SSR will be 
acknowledged or rejected in eSRS at the DoD level.

II. Discussion and Analysis

    The clause at DFARS 252.219-7003, Small Business Subcontracting 
Plan (DoD Contracts), and its Alternate I currently require contractors 
to submit SSRs to departments or agencies within DoD. DFARS 252.219-
7003 and its Alternate I also inform contractors that the authority to 
acknowledge receipt of, or reject, SSRs resides with the SSR 
Coordinator at departments or agencies within DoD. This rule proposes 
to amend the DFARS clause to require contractors with individual 
subcontracting plans to submit a consolidated SSR at the DoD level, and 
to inform contractors that the authority to acknowledge receipt of or 
reject SSRs under individual subcontracting plans resides with the SSR 
Coordinator at the DoD level. These amendments will bring DFARS clause 
252.219-7003 into compliance with the requirement for a consolidated 
SSR in FAR clause 52.219-9, Small Business Subcontracting Plan.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Items, Including Commercially 
Available Off-the-Shelf (COTS) Items

    This rule proposes to amend the clause at DFARS 252.219-7003, Small 
Business Subcontracting Plan (DoD Contracts), and its Alternate I. The 
objective of the rule is to provide clarification on the submission and 
review of SSRs in eSRS.
    DoD does not apply the clause and its Alternate I to solicitations 
and contracts with a value at or below the SAT, because subcontracting 
plans are not required at that dollar value.
    DoD currently applies the clause and its Alternate I to 
solicitations and contracts for the acquisition of commercial items, 
including COTS items, as defined at FAR 2.101. Not applying this 
guidance to contracts for the acquisition of commercial items, 
including COTS items, would exclude contracts intended to be included 
in the streamlined SSRs and undermine the overarching purpose of the 
rule. Consequently, DoD plans to apply the rule to contracts for the 
acquisition of commercial items, including COTS items.

IV. Expected Cost Savings

    This rule amends the DFARS to implement a policy that streamlines 
the submission and review of SSRs for DoD contractors. Instead of the 
current practice of submitting multiple SSRs to various departments or 
agencies within DoD, contractors with individual subcontracting plans 
will submit one consolidated SSR at the DoD level in the eSRS. The 
consolidated SSR will be acknowledged or rejected in eSRS at the DoD 
level.
    This rule impacts only large businesses that have individual 
subcontracting plans and at least one contract with DoD. Although the 
clause at DFARS 252.219-7003, Small Business Subcontracting Plan (DoD 
Contracts), and its Alternate I currently require large business 
contractors to submit SSRs to the department or agency within DoD that 
administers the majority of the contractor's individual subcontracting 
plans, these contractors frequently must submit SSRs to each department 
or agency within DoD with which they have contracts. This results in 
extra work for the contractors and

[[Page 30667]]

creates problems with duplicate subcontracting data. By requiring 
submission and review of SSRs at the DoD level, this rule solves these 
issues.
    The following is a summary of the estimated public cost savings 
calculated in 2016 dollars at a 7-percent discount rate and in 
perpetuity:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
Annualized Cost Savings.................................        -$25,514
Present Value Cost Savings..............................        -364,492
------------------------------------------------------------------------

    To access the full Regulatory Cost Analysis for this rule, go to 
the Federal eRulemaking Portal at www.regulations.gov, search for 
``DFARS Case 2017-D005,'' click ``Open Docket,'' and view ``Supporting 
Documents.''

V. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all 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). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

VI. Executive Order 13771

    This rule is expected to be an E.O. 13771 deregulatory action. 
Details on the estimated cost savings can be found in section IV. of 
this preamble.

VII. Regulatory Flexibility Act

    DoD does not expect this proposed 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 small entities are not required to comply with the clause at 
DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), 
or its Alternate I. However, an initial regulatory flexibility analysis 
has been performed and is summarized as follows:
    DoD is proposing to revise the Defense Federal Acquisition 
Regulation Supplement (DFARS) to streamline the submission and review 
of Summary Subcontract Reports (SSRs) in the Electronic Subcontracting 
Reporting System (eSRS). Instead of submitting multiple SSRs to 
departments and agencies within DoD, contractors with individual 
subcontracting plans will submit a single, consolidated SSR in eSRS at 
the DoD level. The consolidated SSR will be acknowledged or rejected in 
eSRS at the DoD level.
    The objective of the rule is to provide clarification on the 
submission and review of SSRs in eSRS. The rule will bring the clause 
at DFARS 252.219-7003 and its Alternate I into compliance with the 
requirement for a consolidated SSR in the Federal Acquisition 
Regulation clause FAR 52.219-9, Small Business Subcontracting Plan.
    The rule applies to DoD contractors who have individual 
subcontracting plans and must comply with the clause at DFARS 252.219-
7003. Small entities are not required to comply with this clause and, 
therefore, will not be affected by the rule.
    The rule does not impose any reporting or recordkeeping 
requirements on any small entities.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    There are no known, significant, alternative approaches to the 
proposed rule that would meet the requirements of the applicable 
statute.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C 610 (DFARS Case 2017-D005), in 
correspondence.

VIII. 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).

List of Subjects in 48 CFR Part 252

    Government procurement.

Amy G. Williams,
Deputy, Defense Acquisition Regulations System.

    Therefore, 48 CFR 252 is proposed to be amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for part 252 continues to read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

0
2. Amend section 252.219-7003 by--
0
a. Removing the clause date of ``(APR 2018)'' and adding ``(DATE)'' in 
its place;
0
b. Revising paragraph (a);
0
c. Revising paragraph (b);
0
d. Revising paragraph (f); and
0
e. In Alternate I--
0
i. Removing the clause date of ``(APR 2018)'' and adding ``(DATE)'' in 
its place;
0
i. Revising paragraph (a);
0
ii Revising paragraph (b); and
0
iii. Revising paragraph (f).
    The revisions read as follows:


252.219-7003  Small Business Subcontracting Plan (DoD Contracts).

* * * * *
    (a) Definitions. Summary Subcontract Report (SSR) Coordinator, as 
used in this clause, means the individual who is registered in the 
Electronic Subcontracting Reporting System (eSRS) at the Department of 
Defense level and is responsible for acknowledging receipt or rejecting 
SSRs submitted under an individual subcontracting plan in eSRS for the 
Department of Defense.
    (b) Subcontracts awarded qualified nonprofit agencies designated by 
the Committee for Purchase From People Who Are Blind or Severely 
Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's 
small business subcontracting goal.
* * * * *
    (f)(1) For DoD, the Contractor shall submit reports in eSRS as 
follows:
    (i) The Individual Subcontract Report (ISR) shall be submitted to 
the contracting officer at the procuring contracting office, even when 
contract administration has been delegated to the Defense Contract 
Management Agency.
    (ii) Submit the consolidated SSR for an individual subcontracting 
plan to the ``Department of Defense.''
    (2) For DoD, the authority to acknowledge receipt or reject reports 
in eSRS is as follows:
    (i) The authority to acknowledge receipt or reject the ISR resides 
with the contracting officer who receives it, as described in paragraph 
(f)(1)(i) of this clause.
    (ii) The authority to acknowledge receipt of or reject SSRs 
submitted under an individual subcontracting plan resides with the SSR 
Coordinator.
* * * * *
    Alternate I. * * *
* * * * *
    (a) Definitions. Summary Subcontract Report (SSR) Coordinator, as 
used in this clause, means the individual who is registered in the 
Electronic Subcontracting Reporting System (eSRS)

[[Page 30668]]

at the Department of Defense level and is responsible for acknowledging 
receipt or rejecting SSRs submitted under an individual subcontracting 
plan in eSRS for the Department of Defense.
    (b) Subcontracts awarded to qualified nonprofit agencies designated 
by the Committee for Purchase From People Who Are Blind or Severely 
Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's 
small business subcontracting goal.
* * * * *
    (f)(1) For DoD, the Contractor shall submit reports in eSRS as 
follows:
    (i) The Standard Form 294, Subcontracting Report for Individual 
Contracts, shall be submitted in accordance with the instructions on 
that form.
    (ii) Submit the consolidated SSR to the ``Department of Defense.''
    (2) For DoD, the authority to acknowledge receipt of or reject SSRs 
submitted under an individual subcontracting plan in eSRS resides with 
the SSR Coordinator.
* * * * *
[FR Doc. 2018-14069 Filed 6-28-18; 8:45 am]
 BILLING CODE 5001-06-P



                                                  30666                     Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules

                                                  252.232–7003 unless one of the exceptions in               Æ Federal eRulemaking Portal: http://               resides with the SSR Coordinator at the
                                                  paragraph (d) of that clause applies.                   www.regulations.gov. Search for                        DoD level. These amendments will
                                                  F–306 Packing List Instructions                         ‘‘DFARS Case 2017–D005.’’ Select                       bring DFARS clause 252.219–7003 into
                                                     (a) Contractors may use a WAWF                       ‘‘Comment Now’’ and follow the                         compliance with the requirement for a
                                                  processed RR or the WAWF RRR, as a                      instructions provided to submit a                      consolidated SSR in FAR clause 52.219–
                                                  packing list. WAWF provides an option to                comment. Please include ‘‘DFARS Case                   9, Small Business Subcontracting Plan.
                                                  print the RR or RRR. Contractors can print a            2017–D005’’ on any attached                            III. Applicability to Contracts at or
                                                  RR or RRR from a system other than WAWF                 documents.                                             Below the Simplified Acquisition
                                                  if a signed copy is required. In such cases,               Æ Email: osd.dfars@mail.mil. Include
                                                  the contractor shall print the WAWF RR or                                                                      Threshold (SAT) and for Commercial
                                                                                                          DFARS Case 2017–D005 in the subject                    Items, Including Commercially
                                                  RRR only after a signature is applied by the            line of the message.
                                                  Government inspector or authorized acceptor                                                                    Available Off-the-Shelf (COTS) Items
                                                                                                             Æ Fax: 571–372–6094.
                                                  in WAWF. Copies printed from the                                                                                  This rule proposes to amend the
                                                  contractor’s system shall be annotated with                Æ Mail: Defense Acquisition
                                                                                                          Regulations System, Attn: Ms. Jennifer                 clause at DFARS 252.219–7003, Small
                                                  ‘‘\\original signed in WAWF\\’’ in lieu of
                                                                                                          D. Johnson, OUSD(AT&L)DPAP/DARS,                       Business Subcontracting Plan (DoD
                                                  the inspector or acceptor’s signature. Ensure
                                                  a copy is visible on the outside and one is             Room 3B941, 3060 Defense Pentagon,                     Contracts), and its Alternate I. The
                                                  placed inside the package.                              Washington, DC 20301–3060.                             objective of the rule is to provide
                                                     (b) If the contract requires Government                 Comments received generally will be                 clarification on the submission and
                                                  source inspection and acceptance at origin,             posted without change to http://                       review of SSRs in eSRS.
                                                  the contractor shall ensure that its packaging          www.regulations.gov, including any                        DoD does not apply the clause and its
                                                  documentation includes a RR or RRR that
                                                                                                          personal information provided. To                      Alternate I to solicitations and contracts
                                                  documents inspection, acceptance, or both by                                                                   with a value at or below the SAT,
                                                  the Government inspector or authorized                  confirm receipt of your comment(s),
                                                                                                          please check www.regulations.gov,                      because subcontracting plans are not
                                                  acceptor. A paper DD Form 250 may be used                                                                      required at that dollar value.
                                                  in lieu of WAWF generated RRs or RRRs                   approximately 2 to 3 days after
                                                                                                                                                                    DoD currently applies the clause and
                                                  when one of the exceptions in paragraph (d)             submission to verify posting (except
                                                                                                                                                                 its Alternate I to solicitations and
                                                  of the clause at DFARS 252.232–7003                     allow 30 days for posting of comments
                                                  applies.                                                                                                       contracts for the acquisition of
                                                                                                          submitted by mail).
                                                                                                                                                                 commercial items, including COTS
                                                  *      *     *       *      *                           FOR FURTHER INFORMATION CONTACT: Ms.                   items, as defined at FAR 2.101. Not
                                                  [FR Doc. 2018–14063 Filed 6–28–18; 8:45 am]             Jennifer D. Johnson, telephone 571–                    applying this guidance to contracts for
                                                  BILLING CODE 5001–06–P                                  372–6100.                                              the acquisition of commercial items,
                                                                                                          SUPPLEMENTARY INFORMATION:                             including COTS items, would exclude
                                                                                                          I. Background                                          contracts intended to be included in the
                                                  DEPARTMENT OF DEFENSE                                                                                          streamlined SSRs and undermine the
                                                                                                            DoD is proposing to revise the DFARS                 overarching purpose of the rule.
                                                  Defense Acquisition Regulations                         to implement a policy that streamlines                 Consequently, DoD plans to apply the
                                                  System                                                  the submission and review of Summary                   rule to contracts for the acquisition of
                                                                                                          Subcontract Reports (SSRs) for DoD                     commercial items, including COTS
                                                  48 CFR Part 252                                         contractors and brings the DFARS into                  items.
                                                  [Docket DARS–2018–0018]                                 compliance with changes to the Federal
                                                                                                          Acquisition Regulation (FAR). Instead of               IV. Expected Cost Savings
                                                  RIN 0750–AJ42
                                                                                                          submitting multiple SSRs to                               This rule amends the DFARS to
                                                  Defense Federal Acquisition                             departments and agencies within DoD,                   implement a policy that streamlines the
                                                  Regulation Supplement: Submission of                    contractors with individual                            submission and review of SSRs for DoD
                                                  Summary Subcontract Reports                             subcontracting plans will submit a                     contractors. Instead of the current
                                                  (DFARS Case 2017–D005)                                  single, consolidated SSR in eSRS at the                practice of submitting multiple SSRs to
                                                                                                          DoD level. The consolidated SSR will be                various departments or agencies within
                                                  AGENCY:  Defense Acquisition                            acknowledged or rejected in eSRS at the                DoD, contractors with individual
                                                  Regulations System, Department of                       DoD level.                                             subcontracting plans will submit one
                                                  Defense (DoD).                                                                                                 consolidated SSR at the DoD level in the
                                                                                                          II. Discussion and Analysis
                                                  ACTION: Proposed rule.                                                                                         eSRS. The consolidated SSR will be
                                                                                                            The clause at DFARS 252.219–7003,                    acknowledged or rejected in eSRS at the
                                                  SUMMARY:   DoD is proposing to amend                    Small Business Subcontracting Plan                     DoD level.
                                                  the Defense Federal Acquisition                         (DoD Contracts), and its Alternate I                      This rule impacts only large
                                                  Regulation Supplement (DFARS) to                        currently require contractors to submit                businesses that have individual
                                                  clarify the entity to which contractors                 SSRs to departments or agencies within                 subcontracting plans and at least one
                                                  submit Summary Subcontract Reports in                   DoD. DFARS 252.219–7003 and its                        contract with DoD. Although the clause
                                                  the Electronic Subcontracting Reporting                 Alternate I also inform contractors that               at DFARS 252.219–7003, Small
                                                  System (eSRS) and to clarify the entity                 the authority to acknowledge receipt of,               Business Subcontracting Plan (DoD
                                                  that acknowledges receipt of, or rejects,               or reject, SSRs resides with the SSR                   Contracts), and its Alternate I currently
                                                  the reports in eSRS.                                    Coordinator at departments or agencies                 require large business contractors to
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  DATES: Comments on the proposed rule                    within DoD. This rule proposes to                      submit SSRs to the department or
                                                  should be submitted in writing to the                   amend the DFARS clause to require                      agency within DoD that administers the
                                                  address shown below on or before                        contractors with individual                            majority of the contractor’s individual
                                                  August 28, 2018, to be considered in the                subcontracting plans to submit a                       subcontracting plans, these contractors
                                                  formation of a final rule.                              consolidated SSR at the DoD level, and                 frequently must submit SSRs to each
                                                  ADDRESSES: Submit comments                              to inform contractors that the authority               department or agency within DoD with
                                                  identified by DFARS Case 2017–D005,                     to acknowledge receipt of or reject SSRs               which they have contracts. This results
                                                  using any of the following methods:                     under individual subcontracting plans                  in extra work for the contractors and


                                             VerDate Sep<11>2014   17:09 Jun 28, 2018   Jkt 244001   PO 00000   Frm 00078   Fmt 4702   Sfmt 4702   E:\FR\FM\29JNP1.SGM   29JNP1


                                                                            Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules                                           30667

                                                  creates problems with duplicate             multiple SSRs to departments and                                   ■ 2. Amend section 252.219–7003 by—
                                                  subcontracting data. By requiring           agencies within DoD, contractors with                              ■ a. Removing the clause date of ‘‘(APR
                                                  submission and review of SSRs at the        individual subcontracting plans will                               2018)’’ and adding ‘‘(DATE)’’ in its
                                                  DoD level, this rule solves these issues.   submit a single, consolidated SSR in                               place;
                                                    The following is a summary of the         eSRS at the DoD level. The consolidated                            ■ b. Revising paragraph (a);
                                                  estimated public cost savings calculated    SSR will be acknowledged or rejected in                            ■ c. Revising paragraph (b);
                                                  in 2016 dollars at a 7-percent discount     eSRS at the DoD level.                                             ■ d. Revising paragraph (f); and
                                                  rate and in perpetuity:                        The objective of the rule is to provide                         ■ e. In Alternate I—
                                                                                              clarification on the submission and                                ■ i. Removing the clause date of ‘‘(APR
                                                  Annualized Cost Savings .....      ¥$25,514 review of SSRs in eSRS. The rule will                              2018)’’ and adding ‘‘(DATE)’’ in its
                                                  Present Value Cost Savings         ¥364,492 bring the clause at DFARS 252.219–                                 place;
                                                                                              7003 and its Alternate I into compliance                           ■ i. Revising paragraph (a);
                                                     To access the full Regulatory Cost       with the requirement for a consolidated                            ■ ii Revising paragraph (b); and
                                                  Analysis for this rule, go to the Federal   SSR in the Federal Acquisition                                     ■ iii. Revising paragraph (f).
                                                  eRulemaking Portal at                       Regulation clause FAR 52.219–9, Small                                The revisions read as follows:
                                                  www.regulations.gov, search for             Business Subcontracting Plan.
                                                  ‘‘DFARS Case 2017–D005,’’ click ‘‘Open         The rule applies to DoD contractors                             252.219–7003 Small Business
                                                  Docket,’’ and view ‘‘Supporting             who have individual subcontracting                                 Subcontracting Plan (DoD Contracts).
                                                  Documents.’’                                plans and must comply with the clause                              *       *    *     *    *
                                                                                              at DFARS 252.219–7003. Small entities                                 (a) Definitions. Summary Subcontract
                                                  V. Executive Orders 12866 and 13563                                                                            Report (SSR) Coordinator, as used in
                                                                                              are not required to comply with this
                                                     Executive Orders (E.O.s) 12866 and       clause and, therefore, will not be                                 this clause, means the individual who is
                                                  13563 direct agencies to assess all costs   affected by the rule.                                              registered in the Electronic
                                                  and benefits of available regulatory           The rule does not impose any                                    Subcontracting Reporting System (eSRS)
                                                  alternatives and, if regulation is          reporting or recordkeeping requirements                            at the Department of Defense level and
                                                  necessary, to select regulatory             on any small entities.                                             is responsible for acknowledging receipt
                                                  approaches that maximize net benefits          The rule does not duplicate, overlap,                           or rejecting SSRs submitted under an
                                                  (including potential economic,              or conflict with any other Federal rules.                          individual subcontracting plan in eSRS
                                                  environmental, public health and safety        There are no known, significant,                                for the Department of Defense.
                                                  effects, distributive impacts, and          alternative approaches to the proposed                                (b) Subcontracts awarded qualified
                                                  equity). E.O. 13563 emphasizes the          rule that would meet the requirements                              nonprofit agencies designated by the
                                                  importance of quantifying both costs        of the applicable statute.                                         Committee for Purchase From People
                                                  and benefits, of reducing costs, of            DoD invites comments from small                                 Who Are Blind or Severely Disabled (41
                                                  harmonizing rules, and of promoting         business   concerns and other interested                           U.S.C. 8502–8504), may be counted
                                                  flexibility. This is not a significant      parties on the expected impact of this                             toward the Contractor’s small business
                                                  regulatory action and, therefore, was not rule on small entities.                                              subcontracting goal.
                                                  subject to review under section 6(b) of        DoD will also consider comments
                                                                                              from  small entities concerning the                                *       *    *     *    *
                                                  E.O. 12866, Regulatory Planning and                                                                               (f)(1) For DoD, the Contractor shall
                                                  Review, dated September 30, 1993. This existing regulations in subparts affected                               submit reports in eSRS as follows:
                                                  rule is not a major rule under 5 U.S.C.     by this rule in accordance with 5 U.S.C.
                                                                                              610. Interested parties must submit such                              (i) The Individual Subcontract Report
                                                  804.                                                                                                           (ISR) shall be submitted to the
                                                                                              comments separately and should cite 5
                                                  VI. Executive Order 13771                   U.S.C 610 (DFARS Case 2017–D005), in                               contracting officer at the procuring
                                                                                              correspondence.                                                    contracting office, even when contract
                                                     This rule is expected to be an E.O.                                                                         administration has been delegated to the
                                                  13771 deregulatory action. Details on       VIII. Paperwork Reduction Act                                      Defense Contract Management Agency.
                                                  the estimated cost savings can be found                                                                           (ii) Submit the consolidated SSR for
                                                  in section IV. of this preamble.               The rule does not contain any
                                                                                              information collection requirements that                           an individual subcontracting plan to the
                                                  VII. Regulatory Flexibility Act             require the approval of the Office of                              ‘‘Department of Defense.’’
                                                     DoD does not expect this proposed        Management and Budget under the                                       (2) For DoD, the authority to
                                                  rule to have a significant economic         Paperwork Reduction Act (44 U.S.C.                                 acknowledge receipt or reject reports in
                                                  impact on a substantial number of small chapter 35).                                                           eSRS is as follows:
                                                  entities within the meaning of the                                                                                (i) The authority to acknowledge
                                                                                              List of Subjects in 48 CFR Part 252                                receipt or reject the ISR resides with the
                                                  Regulatory Flexibility Act, 5 U.S.C. 601,
                                                                                                 Government procurement.                                         contracting officer who receives it, as
                                                  et seq., because small entities are not
                                                  required to comply with the clause at       Amy G. Williams,
                                                                                                                                                                 described in paragraph (f)(1)(i) of this
                                                  DFARS 252.219–7003, Small Business                                                                             clause.
                                                                                              Deputy, Defense Acquisition Regulations
                                                  Subcontracting Plan (DoD Contracts), or System.                                                                   (ii) The authority to acknowledge
                                                  its Alternate I. However, an initial                                                                           receipt of or reject SSRs submitted
                                                                                                 Therefore, 48 CFR 252 is proposed to                            under an individual subcontracting plan
                                                  regulatory flexibility analysis has been    be amended as follows:
                                                  performed and is summarized as                                                                                 resides with the SSR Coordinator.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  follows:                                    PART 252—SOLICITATION                                              *       *    *     *    *
                                                     DoD is proposing to revise the           PROVISIONS AND CONTRACT                                               Alternate I. * * *
                                                  Defense Federal Acquisition Regulation CLAUSES                                                                 *       *    *     *    *
                                                  Supplement (DFARS) to streamline the                                                                              (a) Definitions. Summary Subcontract
                                                  submission and review of Summary            ■ 1. The authority citation for part 252                           Report (SSR) Coordinator, as used in
                                                  Subcontract Reports (SSRs) in the           continues to read as follows:                                      this clause, means the individual who is
                                                  Electronic Subcontracting Reporting           Authority: 41 U.S.C. 1303 and 48 CFR                             registered in the Electronic
                                                  System (eSRS). Instead of submitting        chapter 1.                                                         Subcontracting Reporting System (eSRS)


                                             VerDate Sep<11>2014   17:09 Jun 28, 2018   Jkt 244001   PO 00000   Frm 00079   Fmt 4702   Sfmt 4702   E:\FR\FM\29JNP1.SGM   29JNP1


                                                  30668                     Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules

                                                  at the Department of Defense level and                  in the Class A theory training                           D. Assistance for Small Entities
                                                  is responsible for acknowledging receipt                requirements for Class B CDL holders                     E. Unfunded Mandates Reform Act of 1995
                                                  or rejecting SSRs submitted under an                    upgrading to a Class A CDL would                         F. Paperwork Reduction Act
                                                                                                                                                                   G. E.O. 13132 (Federalism)
                                                  individual subcontracting plan in eSRS                  maintain the same level of safety
                                                                                                                                                                   H. E.O. 12988 (Civil Justice Reform)
                                                  for the Department of Defense.                          established by the ELDT final rule.                      I. E.O. 13045 (Protection of Children)
                                                     (b) Subcontracts awarded to qualified                DATES: Comments on this notice must be                   J. E.O. 12630 (Taking of Private Property)
                                                  nonprofit agencies designated by the                    received on or before August 28, 2018.                   K. Privacy
                                                  Committee for Purchase From People                      ADDRESSES: You may submit comments                       L. E.O. 12372 (Intergovernmental Review)
                                                  Who Are Blind or Severely Disabled (41                  identified by Docket Number FMCSA–                       M. E.O. 13211 (Energy Supply,
                                                  U.S.C. 8502–8504), may be counted                       2017–0371 using any of the following                        Distribution, or Use)
                                                  toward the Contractor’s small business                                                                           N. E.O. 13783 (Promoting Energy
                                                                                                          methods:
                                                                                                                                                                      Independence and Economic Growth)
                                                  subcontracting goal.                                       • Federal eRulemaking Portal: http://                 O. E.O. 13175 (Indian Tribal Governments)
                                                  *       *    *    *     *                               www.regulations.gov. Follow the online                   P. National Technology Transfer and
                                                     (f)(1) For DoD, the Contractor shall                 instructions for submitting comments.                       Advancement Act (Technical Standards)
                                                  submit reports in eSRS as follows:                         • Mail: Docket Management Facility,                   Q. Environment (NEPA, CAA, E.O. 12898
                                                     (i) The Standard Form 294,                           U.S. Department of Transportation, 1200                     Environmental Justice)
                                                  Subcontracting Report for Individual                    New Jersey Avenue SE, West Building,
                                                  Contracts, shall be submitted in                        Ground Floor, Room W12–140,                            I. Public Participation and Request for
                                                  accordance with the instructions on that                Washington, DC 20590–0001.                             Comments
                                                  form.                                                      • Hand Delivery or Courier: West                    A. Submitting Comments
                                                     (ii) Submit the consolidated SSR to                  Building, Ground Floor, Room W12–
                                                                                                                                                                    If you submit a comment, please
                                                  the ‘‘Department of Defense.’’                          140, 1200 New Jersey Avenue SE,
                                                                                                                                                                 include the docket number for this
                                                     (2) For DoD, the authority to                        Washington, DC, between 9 a.m. and 5
                                                                                                                                                                 NPRM (Docket No. FMCSA–2017–
                                                  acknowledge receipt of or reject SSRs                   p.m., Monday through Friday, except
                                                                                                                                                                 0371), indicate the specific section of
                                                  submitted under an individual                           Federal holidays.
                                                                                                             • Fax: 202–493–2251.                                this document to which each section
                                                  subcontracting plan in eSRS resides
                                                                                                             To avoid duplication, please use only               applies, and provide a reason for each
                                                  with the SSR Coordinator.
                                                                                                          one of these four methods. See the                     suggestion or recommendation. You
                                                  *       *    *    *     *                                                                                      may submit your comments and
                                                  [FR Doc. 2018–14069 Filed 6–28–18; 8:45 am]             ‘‘Public Participation and Request for
                                                                                                          Comments’’ portion of the                              material online or by fax, mail, or hand
                                                  BILLING CODE 5001–06–P
                                                                                                          SUPPLEMENTARY INFORMATION section for                  delivery, but please use only one of
                                                                                                          instructions on submitting comments,                   these means. FMCSA recommends that
                                                                                                          including collection of information                    you include your name and a mailing
                                                  DEPARTMENT OF TRANSPORTATION                                                                                   address, an email address, or a phone
                                                                                                          comments for the Office of Information
                                                                                                          and Regulatory Affairs, OMB.                           number in the body of your document
                                                  Federal Motor Carrier Safety                                                                                   so that FMCSA can contact you if there
                                                  Administration                                          FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                          Richard Clemente, Driver and Carrier                   are questions regarding your
                                                                                                          Operations (MC–PSD) Division,                          submission.
                                                  49 CFR Part 380                                                                                                   To submit your comment online, go to
                                                                                                          FMCSA, 1200 New Jersey Ave SE,
                                                  [Docket No. FMCSA–2017–0371]                                                                                   www.regulations.gov, put the docket
                                                                                                          Washington, DC 20590–0001, by
                                                                                                                                                                 number, FMCSA–2017–0371, in the
                                                  RIN 2126–AC05                                           telephone at 202–366–4325, or by email
                                                                                                                                                                 keyword box, and click ‘‘Search.’’ When
                                                                                                          at MCPSD@dot.gov. If you have
                                                  ELDT; Commercial Driver’s License                                                                              the new screen appears, click on the
                                                                                                          questions on viewing or submitting
                                                  Upgrade From Class B to Class A                                                                                ‘‘Comment Now!’’ button and type your
                                                                                                          material to the docket, contact Docket
                                                                                                                                                                 comment into the text box on the
                                                  AGENCY: Federal Motor Carrier Safety                    Services, telephone (202) 366–9826.
                                                                                                                                                                 following screen. Choose whether you
                                                  Administration (FMCSA), DOT.                            SUPPLEMENTARY INFORMATION: This
                                                                                                                                                                 are submitting your comment as an
                                                  ACTION: Notice of proposed rulemaking.
                                                                                                          notice of proposed rulemaking (NPRM)                   individual or on behalf of a third party
                                                                                                          is organized as follows:                               and then submit.
                                                  SUMMARY:   FMCSA proposes to amend                      I. Public Participation and Request for                   If you submit your comments by mail
                                                  the entry-level driver training (ELDT)                        Comments                                         or hand delivery, submit them in an
                                                  regulations published on December 8,                       A. Submitting Comments                              unbound format, no larger than 81⁄2 by
                                                  2016, titled ‘‘Minimum Training                            B. Viewing Comments and Documents                   11 inches, suitable for copying and
                                                  Requirements for Entry-Level                               C. Privacy Act
                                                                                                             D. Waiver of Advance Notice of Proposed             electronic filing. If you submit
                                                  Commercial Motor Vehicle Operators’’                                                                           comments by mail and would like to
                                                                                                                Rulemaking
                                                  by adopting a new Class A theory                        II. Executive Summary                                  know that they reached the facility,
                                                  instruction upgrade curriculum to                       III. Abbreviations                                     please enclose a stamped, self-addressed
                                                  reduce the training time and costs                      IV. Legal Basis                                        postcard or envelope.
                                                  incurred by Class B commercial driver’s                 V. Background                                             FMCSA will consider all comments
                                                  license (CDL) holders upgrading to a                    VI. Discussion of Proposed Rulemaking                  and material received during the
                                                  Class A CDL. This NPRM does not                         VII. Section-by-Section                                comment period and may change this
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  propose any changes to behind-the-                      VIII. Regulatory Analyses                              proposed rule based on your comments.
                                                  wheel (BTW) training requirements set                      A. Executive Order (E.O.) 12866
                                                                                                                (Regulatory Planning and Review), E.O.
                                                                                                                                                                 FMCSA may issue a final rule at any
                                                  forth in the ELDT final rule. This                                                                             time after the close of the comment
                                                                                                                13563 (Improving Regulation and
                                                  proposal would be a deregulatory action                       Regulatory Review), and DOT Regulatory           period.
                                                  as defined by Executive Order (E.O.)                          Policies and Procedures
                                                  13771, ‘‘Reducing Regulation and                                                                               Confidential Business Information
                                                                                                             B. E.O. 13771 (Reducing Regulation and
                                                  Controlling Regulatory Costs.’’ The                           Controlling Regulatory Costs)                      Confidential Business Information
                                                  Agency believes that this modest change                    C. Regulatory Flexibility Act                       (CBI) is commercial or financial


                                             VerDate Sep<11>2014   17:09 Jun 28, 2018   Jkt 244001   PO 00000   Frm 00080   Fmt 4702   Sfmt 4702   E:\FR\FM\29JNP1.SGM   29JNP1



Document Created: 2018-06-29 01:13:34
Document Modified: 2018-06-29 01:13:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments on the proposed rule should be submitted in writing to
ContactMs. Jennifer D. Johnson, telephone 571-372-6100.
FR Citation83 FR 30666 
RIN Number0750-AJ42

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR