Revise and Streamline VA Acquisition Regulation To Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014-V002-Parts 816, 828), 16332-16333 [2017-06578]

Download as PDF 16332 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules nlaroche on DSK30NT082PROD with PROPOSALS the EPA had regulated sulfur dioxide emissions from natural gas processing and volatile organic chemicals (VOCs) from a number of equipment and operations at oil and gas facilities. 40 CFR part 60 subpart OOOO. In 2016, the EPA promulgated this Rule, which expanded the existing NSPS by requiring methane reductions from previously regulated sources and limiting methane and VOCs from other types of new oil and gas facilities never before regulated under Section 111. Several state and industry petitioners challenged this Rule in the U.S. Court of Appeals for the District of Columbia alleging, inter alia, that EPA acted arbitrarily and capriciously, and in excess of statutory authority. See, e.g., West Virginia v. EPA, 16–1264, State Petitioners’ Nonbinding Statement of the Issues to be Raised. These cases have been consolidated and are pending before the court. Many of these parties also submitted petitions for reconsideration of this Rule to EPA. The Agency has not yet acted on these petitions. II. Initiation of Review of This Rule On March 28, 2017, President Trump issued an Executive Order establishing a national policy in favor of energy independence, economic growth, and the rule of law. The purpose of that Executive Order is to facilitate the development of U.S. energy resources— including oil and gas—and to reduce unnecessary regulatory burdens associated with the development of those resources. The President has directed agencies to review existing regulations that potentially burden the development of domestic energy resources, and appropriately suspend, revise, or rescind regulations that unduly burden the development of U.S. energy resources beyond what is necessary to protect the public interest or otherwise comply with the law. The Executive Order also directs agencies to take appropriate actions, to the extent permitted by law, to promote clean air and clean water while also respecting the proper roles of Congress and the States. This Executive Order specifically directs EPA to review and, if appropriate, initiate proceedings to suspend, revise or rescind this Rule. Pursuant to the Executive Order, EPA is initiating its review of this Rule and providing advanced notice of forthcoming rulemaking proceedings consistent with the President’s policies. If EPA’s review concludes that suspension, revision or rescission of this Rule may be appropriate, EPA’s review will be followed by a rulemaking process that will be transparent, follow VerDate Sep<11>2014 15:42 Apr 03, 2017 Jkt 241001 proper administrative procedures, include appropriate engagement with the public, employ sound science, and be firmly grounded in the law. EPA’s ability to revisit existing regulations is well-grounded in the law. Specifically, the agency has inherent authority to reconsider past decisions and to rescind or revise a decision to the extent permitted by law when supported by a reasoned explanation. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009) (‘‘Fox’’); Motor Vehicle Manufacturers Ass’n of the United States, Inc., et al., v. State Farm Mutual Automobile Insurance Co., et al., 463 U.S. 29, 42 (1983) (‘‘State Farm’’). Moreover, the Clean Air Act itself authorizes EPA to reconsider its rulemakings. 42 U.S.C. 7607(b)(1), (d)(7)(B). The Clean Air Act complements the EPA’s inherent authority to reconsider prior rulemakings by providing the agency with broad authority to prescribe regulations as necessary. 42 U.S.C. 7601(a). The authority to reconsider prior decisions exists in part because EPA’s interpretations of statutes it administers ‘‘are not carved in stone’’ but must be evaluated ‘‘on a continuing basis,’’ Chevron U.S.A. Inc. v. NRDC, Inc., 467 U.S. 837, 857–58 (1984). This is true when—as is the case here— review is undertaken ‘‘in response to . . . a change in administrations.’’ National Cable & Telecommunications Ass’n v. Brand X Internet Services, 545 U.S. 967, 981 (2005). Importantly, such a revised decision need not be based upon a change of facts or circumstances. Rather, a revised rulemaking based ‘‘on a reevaluation of which policy would be better in light of the facts’’ is ‘‘well within an agency’s discretion,’’ and ‘‘[a] change in administration brought about by the people casting their votes is a perfectly reasonable basis for an executive agency’s reappraisal of the costs and benefits of its programs and regulations.’’ National Ass’n of Home Builders v. EPA, 682 F.3d 1032, 1038 & 1043 (D.C. Cir. 2012) (citing Fox, 556 U.S. at 514–15; quoting State Farm, 463 U.S. at 59 (Rehnquist, J., concurring in part and dissenting in part)). In conducting this review, EPA will follow each of the principles and policies set forth in the Executive Order, consistent with the EPA’s statutory authority. The Agency will reevaluate whether this Rule or alternative approaches are appropriately grounded in EPA’s statutory authority and consistent with the rule of law. The EPA will assess whether this Rule or alternative approaches would appropriately promote cooperative federalism and respect the authority and PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 powers that are reserved to the States. EPA will also examine whether this Rule or alternative approaches effect the Administration’s dual goals of protecting public health and welfare while also supporting economic growth and job creation. EPA will review whether this Rule or alternative approaches appropriately maintain the diversity of reliable energy resources and encourage the production of domestic energy sources to achieve energy independence and security. Additionally, EPA will assess this Rule and alternative approaches to determine whether they will provide benefits that substantially exceed their costs. In taking any actions subsequent to this review, EPA will use its appropriated funds and agency resources wisely by firmly grounding in the statute its actions to protect public health and welfare. Dated: March 28, 2017. E. Scott Pruitt, Administrator. [FR Doc. 2017–06658 Filed 4–3–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF VETERANS AFFAIRS 48 CFR Parts 816, 828 and 852 RIN 2900–AP82 Revise and Streamline VA Acquisition Regulation To Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014–V002—Parts 816, 828) Department of Veterans Affairs. Proposed rule; correction. AGENCY: ACTION: The Department of Veterans Affairs (VA) is correcting a proposed rule regarding Federal Acquisition Regulation Principles. This correction addresses minor technical errors in the proposed rule. DATES: April 4, 2017. The comments due date remains May 12, 2017. ADDRESSES: Written comments may be submitted through www.Regulations.gov; by mail or handdelivery to the Director, Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 273–9026. Comments should indicate that they are submitted in response to ‘‘RIN 2900–AP82–Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles.’’ Copies of comments received will be SUMMARY: E:\FR\FM\04APP1.SGM 04APP1 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Proposed Rules available for public inspection in the Office of Regulation Policy and Management, Room 1068, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, between the hours of 8:00 a.m. and 4:30 p.m. Monday through Friday (except holidays). Please call (202) 461–4902 for an appointment. (This is not a toll-free number.) In addition, during the comment period, comments may be viewed online through the Federal Docket Management System (FDMS) at www.Regulations.gov. Mr. Ricky Clark, Senior Procurement Analyst, Procurement Policy and Warrant Management Services (003A2A), 425 I Street NW., Washington DC 20001, (202) 632–5276. (This is not a toll-free telephone number.) nlaroche on DSK30NT082PROD with PROPOSALS FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 15:42 Apr 03, 2017 Jkt 241001 VA is correcting its proposed rule, ‘‘Revise and Streamline VA Acquisition Regulation to Adhere to Federal Acquisition Regulation Principles (VAAR Case 2014–V002—parts 816, 828)’’ that published March 13, 2017, in the Federal Register at 82 FR 13418. SUPPLEMENTARY INFORMATION: Corrections 1. On page 13420, third column, List of Subjects revise all references to ‘‘38 CFR’’ to read ‘‘48 CFR’’. 816.504 [Corrected] 2. On page 13421, second column, amendatory instruction 4, remove ‘‘Subpart’’, and add, in its place, ‘‘Section’’. 816.505 [Corrected] 3. On page 13421, second column, amendatory instruction 5, remove PO 00000 Frm 00027 Fmt 4702 Sfmt 9990 16333 ‘‘803.505’’, and add in its place, ‘‘816.505’’. 852.216–74 [Corrected] 4. On page 13425, in the third column, remove the heading ‘‘Economic Price Adjustment—State Nursing Home Care for Veterans (Alt #1)’’, and add in its place, ‘‘Economic Price Adjustment—Medicaid Labor Rates (Alt #2)’’. 852.228–73 [Corrected] 5. On page 13427, in the third column, immediately following paragraph (d)(2) add, ‘‘(End of clause)’’. Janet J. Coleman Chief, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. [FR Doc. 2017–06578 Filed 4–3–17; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\04APP1.SGM 04APP1

Agencies

[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)]
[Proposed Rules]
[Pages 16332-16333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06578]


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DEPARTMENT OF VETERANS AFFAIRS

48 CFR Parts 816, 828 and 852

RIN 2900-AP82


Revise and Streamline VA Acquisition Regulation To Adhere to 
Federal Acquisition Regulation Principles (VAAR Case 2014-V002--Parts 
816, 828)

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule; correction.

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SUMMARY: The Department of Veterans Affairs (VA) is correcting a 
proposed rule regarding Federal Acquisition Regulation Principles. This 
correction addresses minor technical errors in the proposed rule.

DATES: April 4, 2017. The comments due date remains May 12, 2017.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to the Director, 
Regulation Policy and Management (00REG), Department of Veterans 
Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; or by 
fax to (202) 273-9026. Comments should indicate that they are submitted 
in response to ``RIN 2900-AP82-Revise and Streamline VA Acquisition 
Regulation to Adhere to Federal Acquisition Regulation Principles.'' 
Copies of comments received will be

[[Page 16333]]

available for public inspection in the Office of Regulation Policy and 
Management, Room 1068, Department of Veterans Affairs, 810 Vermont 
Avenue NW., Washington, DC 20420, between the hours of 8:00 a.m. and 
4:30 p.m. Monday through Friday (except holidays). Please call (202) 
461-4902 for an appointment. (This is not a toll-free number.) In 
addition, during the comment period, comments may be viewed online 
through the Federal Docket Management System (FDMS) at 
www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Ricky Clark, Senior Procurement 
Analyst, Procurement Policy and Warrant Management Services (003A2A), 
425 I Street NW., Washington DC 20001, (202) 632-5276. (This is not a 
toll-free telephone number.)

SUPPLEMENTARY INFORMATION: VA is correcting its proposed rule, ``Revise 
and Streamline VA Acquisition Regulation to Adhere to Federal 
Acquisition Regulation Principles (VAAR Case 2014-V002--parts 816, 
828)'' that published March 13, 2017, in the Federal Register at 82 FR 
13418.

Corrections

    1. On page 13420, third column, List of Subjects revise all 
references to ``38 CFR'' to read ``48 CFR''.

816.504 [Corrected]

    2. On page 13421, second column, amendatory instruction 4, remove 
``Subpart'', and add, in its place, ``Section''.

816.505 [Corrected]

    3. On page 13421, second column, amendatory instruction 5, remove 
``803.505'', and add in its place, ``816.505''.

852.216-74 [Corrected]

    4. On page 13425, in the third column, remove the heading 
``Economic Price Adjustment--State Nursing Home Care for Veterans (Alt 
#1)'', and add in its place, ``Economic Price Adjustment--Medicaid 
Labor Rates (Alt #2)''.

852.228-73 [Corrected]

    5. On page 13427, in the third column, immediately following 
paragraph (d)(2) add, ``(End of clause)''.

Janet J. Coleman
Chief, Office of Regulation Policy & Management, Office of the 
Secretary, Department of Veterans Affairs.
[FR Doc. 2017-06578 Filed 4-3-17; 8:45 am]
 BILLING CODE 8320-01-P