VA Acquisition Regulation: Simplified Acquisition Procedures for Health-Care Resources (Section 610 Review), 19975-19976 [2012-7969]

Download as PDF erowe on DSK2VPTVN1PROD with PROPOSALS-1 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules points: Point 1 in position 27°55′52″ N, 82°27′13″ W; and Point 2 in position 27°55′54″ N, 82°27′08″ W. All persons and vessels are prohibited from entering or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative. (4) Sparkman Channel. All waters of Sparkman Channel, including adjacent land 20 feet shoreward of the mean high water mark of Sparkman Channel, north of an imaginary line between the following points: Point 1 in position 27°55′51″ N, 82°26′54″ W; and Point 2 in position 27°55′50″ N, 82°26′45″ W. Recreational vessels are prohibited from entering or remaining in the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative. Commercial vessels are authorized to enter or transit the regulated area, subject to compliance with security protocols established by the Captain of the Port St. Petersburg, including: (a) Advance notice of intent to transit; (b) inspection and examination of all commercial vessels and persons requesting authorization to transit the regulated area (including positive identification checks); and (c) embarkation of law enforcement personnel during authorized regulated area transits. (5) Unnamed Channel North of Davis Islands. All waters of the unnamed channel north of Davis Islands, including adjacent land 20 feet shoreward of the mean high water mark of the unnamed channel north of Davis Islands, east of an imaginary line between the following points: Point 1 in position 27°56′16″ N, 82°27′40″ W; and Point 2 in position 27°56′18″ N, 82°27′43″ W. All persons and vessels are prohibited from entering or remaining within the regulated area unless authorized by the Captain of the Port St. Petersburg or a designated representative. (6) Ybor Channel. All waters of Ybor Channel, including adjacent land 20 feet shoreward of the mean high water mark of Ybor Channel. Recreational vessels are prohibited from entering or remaining in Ybor Channel unless authorized by the Captain of the Port St. Petersburg or a designated representative. Commercial vessels are authorized to enter or transit Ybor Channel, subject to compliance with security protocols established by the Captain of the Port St. Petersburg, including: (a) Advance notice of intent to transit; (b) inspection and examination of all commercial vessels and persons requesting authorization to transit the regulated area (including positive identification checks); and (c) VerDate Mar<15>2010 15:15 Apr 02, 2012 Jkt 226001 embarkation of law enforcement personnel during authorized regulated area transits. (7) Ybor Turning Basin. All waters of Ybor Turning Basin, including adjacent land 20 feet shoreward of the mean high water mark of Ybor Turning Basin. Recreational vessels are prohibited from entering or remaining in Ybor Turning Basin unless authorized by the Captain of the Port St. Petersburg or a designated representative. Commercial vessels are authorized to enter or transit Ybor Turning Basin, subject to compliance with security protocols established by the Captain of the Port St. Petersburg, including: (a) Advance notice of intent to transit; (b) inspection and examination of all commercial vessels and persons requesting authorization to transit the security zone (including positive identification checks); and (c) embarkation of law enforcement personnel during authorized regulated area transits. (b) Definition. The term ‘‘designated representative’’ means Coast Guard Patrol Commanders, including Coast Guard boat coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, state, and local officials designated by or assisting the Captain of the Port St. Petersburg in the enforcement of the regulated areas. (c) Regulations. (1) All persons and vessels desiring to enter or remain within the regulated areas may contact the Captain of the Port St. Petersburg by telephone at (727) 824–7524, or a designated representative via VHF radio on channel 16, to request authorization. A Port Community Information Bulletin is available on the Coast Guard internet web portal at https:// homeport.uscg.mil. Port Community Information Bulletins are located under the Port Directory tab in the Safety and Security Alert links. (2) If authorization to enter or remain within the regulated areas is granted by the Captain of the Port St. Petersburg or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the Captain of the Port St. Petersburg or a designated representative. Recreational vessels authorized to enter the regulated areas may be subject to boarding and inspection of the vessel and persons onboard. (3) The Coast Guard will provide notice of the regulated areas by Local Notice to Mariners, Broadcast Notice to Mariners, public outreach, and on-scene designated representatives. (d) Effective Date. This rule is effective from 12:01 p.m. on August 25, 2012 through 11:59 a.m. on August 31, 2012. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 19975 Dated: March 13, 2012. S.L. Dickinson, Captain, U.S. Coast Guard, Captain of the Port St. Petersburg. [FR Doc. 2012–7921 Filed 4–2–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 48 CFR Parts 801, 806, 812, 837, 852, and 873 VA Acquisition Regulation: Simplified Acquisition Procedures for HealthCare Resources (Section 610 Review) Department of Veterans Affairs. Notice of regulatory review. AGENCY: ACTION: On January 24, 2003, Department of Veterans Affairs (VA) amended the VA Acquisition Regulation (VAAR) by establishing simplified procedures for the competitive acquisition of health-care resources, consisting of commercial services or the use of medical equipment or space, pursuant to the Veterans’ Health Care Eligibility Reform Act of 1996 (38 U.S.C. 8151–8153). These procedures are codified at 48 CFR chapter 8. In developing these standards, VA performed a Regulatory Flexibility Analysis which indicated the rule could have a significant impact on a substantial number of small businesses. VA has initiated a review of this rule under section 610 of the Regulatory Flexibility Act to determine if the rule should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. Please note that VA is in the process of rewriting the VAAR and will be reviewing the requirements of this rule in detail as part of this revision initiative. In the interim, VA solicits, and will consider, public comments on factors described in the SUPPLEMENTARY INFORMATION. DATES: Comments must be received by VA on or before May 3, 2012. ADDRESSES: Written comments may be submitted through www.regulations.gov; by mail or hand-delivery to the Director, Regulations Management (02REG), Department of Veterans Affairs, 810 Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. Copies of comments received will be available for public inspection in the Office of Regulation Policy and Management, Room 1063B, between the hours of 8 a.m. and 4:30 p.m. Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. In addition, during the SUMMARY: E:\FR\FM\03APP1.SGM 03APP1 19976 Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dennis Foley, (202) 461–4998, Office of the General Counsel, Professional Staff Group V; or Eyvonne Mallett, (202) 461– 5101, Procurement Policy and Warrant Management Service (003A2A), Office of Acquisition, Logistics and Construction, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. The analysis published in the January 24, 2003 final rule (68 FR 3465) reviewed fiscal year (FY) 1998 individual service transactions valued in excess of $25,000. In FY 1998, the Veterans Health Administration (VHA) reported approximately 6,000 individual service transactions above $25,000 excluding classification codes C, architect/ engineering; E, purchase of structures; Q402, nursing home; Y, construction; and Z, maintenance of real property, all of which VA believes are not covered by this rule. Of those 6,000 transactions, approximately 3,000 were awarded to small businesses and approximately 900 were reported to non-profit businesses. Similar figures were reported in FY 1999. Of the total acquisition dollars associated with these 6,000 annual awards, we estimate that in FY 1998, approximately 42 percent, and in FY 1999, approximately 44 percent, were awarded to small businesses. In reviewing this analysis, VA determined that the impact on small businesses was minimal because the rule does not apply to the majority of VA acquisitions. The rule only applies to competitive acquisitions of commercial services or the use of medical equipment or space conducted by VHA that specifically reference the authority of 38 U.S.C. 8153. The rule does not apply to acquisitions of supplies or equipment made on behalf of VHA or to acquisitions made on behalf of Veterans Benefits Administration (VBA) or National Cemetery Administration (NCA). Additionally, the rule does not apply to acquisitions of services for which other specific authorities apply, such as acquisitions of nursing home care services, which are acquired under the authority of 38 U.S.C. 1720, or to acquisitions of non-commercial services, such as construction. Therefore, VA developed the rule in a way that mitigated small business impact to the extent possible while still fulfilling the Veterans’ Health Care Eligibility Reform Act of 1996 mandates. erowe on DSK2VPTVN1PROD with PROPOSALS-1 SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 15:15 Apr 02, 2012 Jkt 226001 VA has initiated a review of this rule under section 610 of the Regulatory Flexibility Act to determine if the rule should be continued without change, or should be amended or rescinded, to minimize adverse economic impacts on small entities. Please note that VA is in the process of rewriting the VAAR and will be reviewing the requirements of this rule in detail as part of this revision initiative. In the interim, VA solicits, and will consider, public comments on the following factors under this rule: (1) The continued need for the rule; (2) the nature of complaints or comments received concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal, State, or local government rules; and (5) the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. VA still considers the rule necessary as it establishes simplified acquisition procedures for VA to acquire health-care resources consisting of commercial services or the use of medical equipment or space as authorized by 38 U.S.C. 8151–8153. No comments were received when the rule was initially published for public comment. In addition, VA has not received any complaints since the rule’s final publication. The rule is not overly complex; however, it does overlap and change select provisions of Federal Acquisition Regulation (FAR) Part 15 on negotiated acquisitions. This is to provide VA contracting officers with additional tools and procedures, along with some simplification of the negotiated acquisition process, when deemed advantageous to VA. This rule does not in any way change the fundamental concept in acquisitions that all offerors are treated fairly. Consideration may be given to updating the rule to reflect any changes to FAR references or other citations of authority. Signing Authority The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. John R. Gingrich, Chief of Staff, Department of Veterans Affairs, approved this document on March 26, 2012, for publication. PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 Dated: March 29, 2012. Robert C. McFetridge, Director of Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs. [FR Doc. 2012–7969 Filed 4–2–12; 8:45 am] BILLING CODE 8320–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 217 [Docket No. 120307157–2163–01] RIN 0648–BB74 Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Coastal Commercial Fireworks Displays at Monterey Bay National Marine Sanctuary, CA National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: NMFS has received a request from the Monterey Bay National Marine Sanctuary (MBNMS) for authorization to take marine mammals incidental to authorizing professional fireworks displays within the MBNMS in California waters, over the course of 5 years. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is proposing regulations to govern that take and requests information, suggestions, and comments on these proposed regulations. DATES: Comments and information must be received no later than May 3, 2012. ADDRESSES: You may submit comments, identified by 0648–BB74, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal: https:// www.regulations.gov. • Hand delivery or mailing of comments via paper or disc should be addressed to Michael Payne, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 20910. Comments regarding any aspect of the collection of information requirement contained in this proposed rule should be sent to NMFS via one of the means stated here and to the Office of Information and Regulatory Affairs, NEOB–10202, Office of Management SUMMARY: E:\FR\FM\03APP1.SGM 03APP1

Agencies

[Federal Register Volume 77, Number 64 (Tuesday, April 3, 2012)]
[Proposed Rules]
[Pages 19975-19976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7969]


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

DEPARTMENT OF VETERANS AFFAIRS

48 CFR Parts 801, 806, 812, 837, 852, and 873


VA Acquisition Regulation: Simplified Acquisition Procedures for 
Health-Care Resources (Section 610 Review)

AGENCY: Department of Veterans Affairs.

ACTION: Notice of regulatory review.

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

SUMMARY: On January 24, 2003, Department of Veterans Affairs (VA) 
amended the VA Acquisition Regulation (VAAR) by establishing simplified 
procedures for the competitive acquisition of health-care resources, 
consisting of commercial services or the use of medical equipment or 
space, pursuant to the Veterans' Health Care Eligibility Reform Act of 
1996 (38 U.S.C. 8151-8153). These procedures are codified at 48 CFR 
chapter 8. In developing these standards, VA performed a Regulatory 
Flexibility Analysis which indicated the rule could have a significant 
impact on a substantial number of small businesses.
    VA has initiated a review of this rule under section 610 of the 
Regulatory Flexibility Act to determine if the rule should be continued 
without change, or should be amended or rescinded, to minimize adverse 
economic impacts on small entities. Please note that VA is in the 
process of rewriting the VAAR and will be reviewing the requirements of 
this rule in detail as part of this revision initiative. In the 
interim, VA solicits, and will consider, public comments on factors 
described in the Supplementary Information.

DATES: Comments must be received by VA on or before May 3, 2012.

ADDRESSES: Written comments may be submitted through 
www.regulations.gov; by mail or hand-delivery to the Director, 
Regulations Management (02REG), Department of Veterans Affairs, 810 
Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026. Copies of comments received will be available for public 
inspection in the Office of Regulation Policy and Management, Room 
1063B, between the hours of 8 a.m. and 4:30 p.m. Monday through Friday 
(except holidays). Please call (202) 461-4902 for an appointment. In 
addition, during the

[[Page 19976]]

comment period, comments may be viewed online through the Federal 
Docket Management System (FDMS) at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dennis Foley, (202) 461-4998, Office 
of the General Counsel, Professional Staff Group V; or Eyvonne Mallett, 
(202) 461-5101, Procurement Policy and Warrant Management Service 
(003A2A), Office of Acquisition, Logistics and Construction, Department 
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.

SUPPLEMENTARY INFORMATION: The analysis published in the January 24, 
2003 final rule (68 FR 3465) reviewed fiscal year (FY) 1998 individual 
service transactions valued in excess of $25,000. In FY 1998, the 
Veterans Health Administration (VHA) reported approximately 6,000 
individual service transactions above $25,000 excluding classification 
codes C, architect/engineering; E, purchase of structures; Q402, 
nursing home; Y, construction; and Z, maintenance of real property, all 
of which VA believes are not covered by this rule. Of those 6,000 
transactions, approximately 3,000 were awarded to small businesses and 
approximately 900 were reported to non-profit businesses. Similar 
figures were reported in FY 1999. Of the total acquisition dollars 
associated with these 6,000 annual awards, we estimate that in FY 1998, 
approximately 42 percent, and in FY 1999, approximately 44 percent, 
were awarded to small businesses. In reviewing this analysis, VA 
determined that the impact on small businesses was minimal because the 
rule does not apply to the majority of VA acquisitions.
    The rule only applies to competitive acquisitions of commercial 
services or the use of medical equipment or space conducted by VHA that 
specifically reference the authority of 38 U.S.C. 8153. The rule does 
not apply to acquisitions of supplies or equipment made on behalf of 
VHA or to acquisitions made on behalf of Veterans Benefits 
Administration (VBA) or National Cemetery Administration (NCA). 
Additionally, the rule does not apply to acquisitions of services for 
which other specific authorities apply, such as acquisitions of nursing 
home care services, which are acquired under the authority of 38 U.S.C. 
1720, or to acquisitions of non-commercial services, such as 
construction. Therefore, VA developed the rule in a way that mitigated 
small business impact to the extent possible while still fulfilling the 
Veterans' Health Care Eligibility Reform Act of 1996 mandates.
    VA has initiated a review of this rule under section 610 of the 
Regulatory Flexibility Act to determine if the rule should be continued 
without change, or should be amended or rescinded, to minimize adverse 
economic impacts on small entities. Please note that VA is in the 
process of rewriting the VAAR and will be reviewing the requirements of 
this rule in detail as part of this revision initiative. In the 
interim, VA solicits, and will consider, public comments on the 
following factors under this rule: (1) The continued need for the rule; 
(2) the nature of complaints or comments received concerning the rule; 
(3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with other Federal, State, or local 
government rules; and (5) the degree to which technology, economic 
conditions, or other factors have changed in the area affected by the 
rule. VA still considers the rule necessary as it establishes 
simplified acquisition procedures for VA to acquire health-care 
resources consisting of commercial services or the use of medical 
equipment or space as authorized by 38 U.S.C. 8151-8153. No comments 
were received when the rule was initially published for public comment. 
In addition, VA has not received any complaints since the rule's final 
publication. The rule is not overly complex; however, it does overlap 
and change select provisions of Federal Acquisition Regulation (FAR) 
Part 15 on negotiated acquisitions. This is to provide VA contracting 
officers with additional tools and procedures, along with some 
simplification of the negotiated acquisition process, when deemed 
advantageous to VA. This rule does not in any way change the 
fundamental concept in acquisitions that all offerors are treated 
fairly. Consideration may be given to updating the rule to reflect any 
changes to FAR references or other citations of authority.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. John R. 
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this 
document on March 26, 2012, for publication.

    Dated: March 29, 2012.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.
[FR Doc. 2012-7969 Filed 4-2-12; 8:45 am]
BILLING CODE 8320-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.