Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Rules and Regulations 13009 

representatives are prohibited from 

marketing to medical, pharmacy, 

nursing and other health profession 

students, including residents. 

Exceptions may be permitted when 

approved by, and conducted in the 

presence of, the staff member providing 

clinical supervision. 

(4) Attendance at conferences. A 

pharmaceutical company representative 

may not attend a medical center 

conference where information regarding 

individual patients is discussed or 

presented. 

(5) Patient care areas. Pharmaceutical 

company representatives generally may 

not wait for scheduled appointments or 

make presentations in patient-care 

areas, but may briefly travel through 

them, when necessary, to meet in a staff 

member’s office. Patient-care areas 

include, but are not limited to: 

(i) Patient rooms and ward areas 

where patients may be encountered; 

(ii) Clinic examination rooms; 

(iii) Nurses stations; 

(iv) Intensive care units; 

(v) Operating room suites; 

(vi) Urgent care centers; 

(vii) Emergency rooms (but not staff 

offices that may be located in them); or 

(viii) Ambulatory treatment centers. 

(6) Distribution of materials. 

Pharmaceutical company 

representatives may only distribute 

materials on-site at the time and 

location of a scheduled appointment or 

educational program. In no 

circumstances may materials be left in 

patient care areas. 

(i) Non-compliance. 

(1) General. The visiting privileges of 

a pharmaceutical company 

representative or multiple 

representatives may be limited, 

suspended, or revoked by the written 

order of the Director of the VA medical 

center of jurisdiction if the Director 

determines the pharmaceutical 

company representative(s) failed to 

comply with the requirements of this 

section. 

(2) Notice of interim action. The 

Director will notify the pharmaceutical 

company representative of the 

noncompliance and of the Director’s 

interim action under paragraph (i)(4) of 

this section. The Director will also 

notify the supervisor of the 

pharmaceutical company 

representative(s) if there have been 

multiple instances of misconduct. The 

notice will offer 30 days to provide a 

response; however, the interim action 

will be enforced effective the date of the 

notice. 

(3) Final written order. At the end of 

the 30-day period for a response, or after 

the Director receives a timely response, 

the Director will issue to the 

pharmaceutical company representative 

and supervisor a final written order 

either confirming the action taken as 

indicated in the notice, or specifying 

another action to be taken under 

paragraph (i)(4) of this section. The 

written order may also state that the 

Director has determined that no further 

action is required. Any final written 

order issued by the Director shall 

include a summary of the circumstances 

of the violation, a listing of the specific 

provisions of this section that the 

pharmaceutical company 

representative(s) violated, and the bases 

for the Director’s determination 

regarding the appropriate action. Notice 

concerning a final written order 

suspending or permanently revoking the 

visiting privileges of multiple 

pharmaceutical company 

representatives shall include specific 

notice concerning the right to review of 

the Director’s order by the Under 

Secretary for Health. 

(4) Actions. Actions that may be 

imposed under this section include 

limitation, suspension, or permanent 

revocation of visiting privileges at one 

or more VA medical facilities. In 

determining the appropriate action, the 

Director shall consider the requirements 

of this section, the circumstances of the 

improper conduct, any prior acts of 

misconduct by the same pharmaceutical 

company representative, any response 

submitted by the pharmaceutical 

company representative or their 

supervisor under paragraph (i)(2) of this 

section, and any prior written orders 

issued or other actions taken with 

respect to similar acts of misconduct. 

(5) Review. The pharmaceutical 

company may request the Under 

Secretary’s review within 30 days of the 

date of the Director’s final written order 

by submitting a written request to the 

Director. The Director shall forward the 

initial notice, any response, the final 

written order, and the request for review 

to the Under Secretary for a final VA 

decision. VA will enforce the Director’s 

final written order while it is under 

review by the Under Secretary. The 

Director will provide the individual 

who made the request written notice of 

the Under Secretary’s decision. 

(Authority: 38 U.S.C. 501) 

[FR Doc. 2012–5279 Filed 3–2–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2011–0542; FRL–9642–3] 

RIN 2060–AR07 

Regulation of Fuels and Fuel 

Additives: Identification of Additional 

Qualifying Renewable Fuel Pathways 

Under the Renewable Fuel Standard 

Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: EPA published a direct final 

rule on January 5, 2012 to amend the 

Renewable Fuel Standard program 

regulations. Because EPA received 

adverse comment, we are withdrawing 

the direct final rule. 

DATES: Effective March 5, 2012, EPA 

withdraws the direct final rule 

published at 77 FR 700, on January 5, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Vincent Camobreco, Office of 

Transportation and Air Quality 

(MC6401A), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 564–9043; fax number: 

(202) 564–1686; email address: 

camobreco.vincent@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a direct final rule on January 

5, 2012 (77 FR 700) to amend the 

Renewable Fuel Standard program 

regulations. The amendments would 

have expanded Table 1 of § 80.1426 to 

identify additional renewable fuel 

production pathways and pathway 

components that could be used in 

producing qualifying renewable fuel 

under the Renewable Fuel Standard 

program. We stated in that direct final 

rule that if we received adverse 

comment by February 6, 2012, that we 

would publish a timely withdrawal in 

the Federal Register. We subsequently 

received adverse comment on several of 

the changes included in the revised 

Table 1 of § 80.1426. Since the 

regulatory amendment in the direct final 

rule was a single Table including all 

changes, withdrawal based on the 

adverse comments we have received 

requires withdrawal of the entire 

revised Table. EPA intends to address 

all comments in a subsequent final 

action, which will be based on the 

parallel proposed rule also published on 

January 5, 2012 (77 FR 462). 

As stated in the direct final rule and 

the parallel proposed rule, we will not 


tkelley on DSK3SPTVN1PROD with RULES
13010 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Rules and Regulations 

institute a second comment period on 

this action. 

Dated: February 27, 2012. 

Lisa P. Jackson, 

Administrator. 

Accordingly, the regulatory 

amendments published on January 5, 

2012 (77 FR 700) are withdrawn as of 

March 5, 2012. 

[FR Doc. 2012–5256 Filed 3–2–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2012–0003; Internal 

Agency Docket No. FEMA–8221] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP) that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Federal Insurance and Mitigation 

Administration, Federal Emergency 

Management Agency, 500 C Street SW., 

Washington, DC 20472, (202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

Federal flood insurance that is not 

otherwise generally available from 

private insurers. In return, communities 

agree to adopt and administer local 

floodplain management measures aimed 

at protecting lives and new construction 

from future flooding. Section 1315 of 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits the sale of NFIP flood 

insurance unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed in this document no 

longer meet that statutory requirement 

for compliance with program 

regulations, 44 CFR part 59. 

Accordingly, the communities will be 

suspended on the effective date in the 

third column. As of that date, flood 

insurance will no longer be available in 

the community. We recognize that some 

of these communities may adopt and 

submit the required documentation of 

legally enforceable floodplain 

management measures after this rule is 

published but prior to the actual 

suspension date. These communities 

will not be suspended and will continue 

to be eligible for the sale of NFIP flood 

insurance. A notice withdrawing the 

suspension of such communities will be 

published in the Federal Register. 

In addition, FEMA publishes a Flood 

Insurance Rate Map (FIRM) that 

identifies the Special Flood Hazard 

Areas (SFHAs) in these communities. 

The date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may be provided for construction 

or acquisition of buildings in identified 

SFHAs for communities not 

participating in the NFIP and identified 

for more than a year on FEMA’s initial 

FIRM for the community as having 

flood-prone areas (section 202(a) of the 

Flood Disaster Protection Act of 1973, 

42 U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment procedures under 5 

U.S.C. 553(b), are impracticable and 

unnecessary because communities listed 

in this final rule have been adequately 

notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, Section 1315, 42 

U.S.C. 4022, prohibits flood insurance 

coverage unless an appropriate public 

body adopts adequate floodplain 

management measures with effective 

enforcement measures. The 

communities listed no longer comply 

with the statutory requirements, and 

after the effective date, flood insurance 

will no longer be available in the 

communities unless remedial action 

takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 


tkelley on DSK3SPTVN1PROD with RULES