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

252.232–7003 unless one of the exceptions in 

paragraph (d) of that clause applies. 

F–306 Packing List Instructions 

(a) Contractors may use a WAWF 

processed RR or the WAWF RRR, as a 

packing list. WAWF provides an option to 

print the RR or RRR. Contractors can print a 

RR or RRR from a system other than WAWF 

if a signed copy is required. In such cases, 

the contractor shall print the WAWF RR or 

RRR only after a signature is applied by the 

Government inspector or authorized acceptor 

in WAWF. Copies printed from the 

contractor’s system shall be annotated with 

‘‘\\original signed in WAWF\\’’ in lieu of 

the inspector or acceptor’s signature. Ensure 

a copy is visible on the outside and one is 

placed inside the package. 

(b) If the contract requires Government 

source inspection and acceptance at origin, 

the contractor shall ensure that its packaging 

documentation includes a RR or RRR that 

documents inspection, acceptance, or both by 

the Government inspector or authorized 

acceptor. A paper DD Form 250 may be used 

in lieu of WAWF generated RRs or RRRs 

when one of the exceptions in paragraph (d) 

of the clause at DFARS 252.232–7003 

applies. 

* * * * * 

[FR Doc. 2018–14063 Filed 6–28–18; 8:45 am] 

BILLING CODE 5001–06–P 

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: 

Æ 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. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2017–D005 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ 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 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 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 

■ 1. The authority citation for part 252 

continues to read as follows: 

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

chapter 1. 

■ 2. Amend section 252.219–7003 by— 

■ a. Removing the clause date of ‘‘(APR 

2018)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ b. Revising paragraph (a); 

■ c. Revising paragraph (b); 

■ d. Revising paragraph (f); and 

■ e. In Alternate I— 

■ i. Removing the clause date of ‘‘(APR 

2018)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ i. Revising paragraph (a); 

■ ii Revising paragraph (b); and 

■ 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) 


sradovich on DSK3GMQ082PROD with PROPOSALS
30668 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 380 

[Docket No. FMCSA–2017–0371] 

RIN 2126–AC05 

ELDT; Commercial Driver’s License 

Upgrade From Class B to Class A 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: FMCSA proposes to amend 

the entry-level driver training (ELDT) 

regulations published on December 8, 

2016, titled ‘‘Minimum Training 

Requirements for Entry-Level 

Commercial Motor Vehicle Operators’’ 

by adopting a new Class A theory 

instruction upgrade curriculum to 

reduce the training time and costs 

incurred by Class B commercial driver’s 

license (CDL) holders upgrading to a 

Class A CDL. This NPRM does not 

propose any changes to behind-thewheel (BTW) training requirements set 

forth in the ELDT final rule. This 

proposal would be a deregulatory action 

as defined by Executive Order (E.O.) 

13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs.’’ The 

Agency believes that this modest change 

in the Class A theory training 

requirements for Class B CDL holders 

upgrading to a Class A CDL would 

maintain the same level of safety 

established by the ELDT final rule. 

DATES: Comments on this notice must be 

received on or before August 28, 2018. 

ADDRESSES: You may submit comments 

identified by Docket Number FMCSA– 

2017–0371 using any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building, Ground Floor, Room W12– 

140, 1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

• Fax: 202–493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments, 

including collection of information 

comments for the Office of Information 

and Regulatory Affairs, OMB. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Richard Clemente, Driver and Carrier 

Operations (MC–PSD) Division, 

FMCSA, 1200 New Jersey Ave SE, 

Washington, DC 20590–0001, by 

telephone at 202–366–4325, or by email 

at MCPSD@dot.gov. If you have 

questions on viewing or submitting 

material to the docket, contact Docket 

Services, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: This 

notice of proposed rulemaking (NPRM) 

is organized as follows: 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

B. Viewing Comments and Documents 

C. Privacy Act 

D. Waiver of Advance Notice of Proposed 

Rulemaking 

II. Executive Summary 

III. Abbreviations 

IV. Legal Basis 

V. Background 

VI. Discussion of Proposed Rulemaking 

VII. Section-by-Section 

VIII. Regulatory Analyses 

A. Executive Order (E.O.) 12866 

(Regulatory Planning and Review), E.O. 

13563 (Improving Regulation and 

Regulatory Review), and DOT Regulatory 

Policies and Procedures 

B. E.O. 13771 (Reducing Regulation and 

Controlling Regulatory Costs) 

C. Regulatory Flexibility Act 

D. Assistance for Small Entities 

E. Unfunded Mandates Reform Act of 1995 

F. Paperwork Reduction Act 

G. E.O. 13132 (Federalism) 

H. E.O. 12988 (Civil Justice Reform) 

I. E.O. 13045 (Protection of Children) 

J. E.O. 12630 (Taking of Private Property) 

K. Privacy 

L. E.O. 12372 (Intergovernmental Review) 

M. E.O. 13211 (Energy Supply, 

Distribution, or Use) 

N. E.O. 13783 (Promoting Energy 

Independence and Economic Growth) 

O. E.O. 13175 (Indian Tribal Governments) 

P. National Technology Transfer and 

Advancement Act (Technical Standards) 

Q. Environment (NEPA, CAA, E.O. 12898 

Environmental Justice) 

I. Public Participation and Request for 

Comments 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

NPRM (Docket No. FMCSA–2017– 

0371), indicate the specific section of 

this document to which each section 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

www.regulations.gov, put the docket 

number, FMCSA–2017–0371, in the 

keyword box, and click ‘‘Search.’’ When 

the new screen appears, click on the 

‘‘Comment Now!’’ button and type your 

comment into the text box on the 

following screen. Choose whether you 

are submitting your comment as an 

individual or on behalf of a third party 

and then submit. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period and may change this 

proposed rule based on your comments. 

FMCSA may issue a final rule at any 

time after the close of the comment 

period. 

Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 


sradovich on DSK3GMQ082PROD with PROPOSALS