Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67123 

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

(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] 

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 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. 


amozie on DSK3GDR082PROD with RULES
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 

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 

■ 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] 

■ 2. Section 3019.708–70 is amended 

by: 

■ a. Removing paragraph (a); and 

■ b. Redesignating paragraphs (b) and 

(c) as paragraphs (a) and (b). 

PART 3052—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 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] 

■ 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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 367 

[Docket No. FMCSA–2018–0068] 

RIN 2126–AC12 

Fees for the Unified Carrier 

Registration Plan and Agreement 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Final rule. 

SUMMARY: 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. 

DATES: This final rule is effective 

December 28, 2018. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Gerald Folsom, Office of Registration 

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, 


amozie on DSK3GDR082PROD with RULES