12994 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Rules and Regulations 

TABLE FOUR

* * * * * 

15. * * * 

Vessel Number 

Horizontal distance from 

the fore and aft centerline of the vessel in the 

athwartship direction 

*******

USS MICHAEL MURPHY ........................................................................................................ DDG 112 1.90 meters 

* * * * * * * 

16. * * * 

Vessel Number Obstruction angle relative ship’s headings 

*******

USS MICHAEL MURPHY ........................................................................................................ DDG 112 109.60 THRU 112.50 

[degrees] 

* * * * * * * 

* * * * * 

TABLE FIVE

Vessel Number 

Masthead lights 

not over all other 

lights and obstructions. Annex I, 

sec. 2(f) 

Forward masthead light not in 

forward quarter of 

ship. Annex I, sec. 

3(a) 

After masthead 

light less than 1⁄2

ship’s length aft of 

forward masthead 

light. Annex I, sec. 

3(a) 

Percentage horizontal separation 

attained 

*******

USS MICHAEL MURPHY ...................... DDG 112 X X X 14.5 

*******

Approved: February 22, 2012. 

M. Robb Hyde, 

Commander, JAGC, U.S. Navy, Deputy 

Assistant Judge Advocate General (Admiralty 

and Maritime Law). 

J.M. Beal, 

Lieutenant Commander, Office of the Judge 

Advocate General, U.S. Navy, Federal 

Register Liaison Officer. 

[FR Doc. 2012–5090 Filed 3–2–12; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0069] 

RIN 1625–AA00 

Safety Zone for Margate Bridge, 

Intracoastal Waterway; Margate, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone within the 

Intracoastal Waterway near Margate, NJ. 

This safety zone is necessary to ensure 

safety while the Margate Bridge 

undergoes repairs, specifically a high 

priority fender system replacement. The 

safety zone is intended to restrict vessel 

traffic movement on the west side of the 

channel to protect mariners from the 

hazards associated with the operation. 

DATES: This rule is effective in the CFR 

on March 5, 2012 through 5:30 p.m. on 

March 16, 2012. This rule is effective 

with actual notice for purposes of 

enforcement at 7 a.m. on February 6, 

2012, through 5:30 p.m. on March 16, 

2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0069 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2012–0069 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, 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. 


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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Rules and Regulations 12995 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Lieutenant Corrina 

Ott, U.S. Coast Guard, Sector Delaware 

Bay, Chief of Waterways Management 

Division, Coast Guard; telephone 215– 

271–4902, email Corrina.ott@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. It is 

impracticable to publish an NPRM 

because the Margate Bridge Company 

gave short notice to the Coast Guard. 

Furthermore, delay is contrary to the 

public interest because of the need for 

protection of the maritime public and 

vehicular traffic from the hazards 

involved with the deteriorating fender 

system of the bridge. Furthermore, 

publishing an NPRM is unnecessary 

because only one side of the channel 

will be closed, allowing marine access 

through the eastern side of the channel. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Any delay encountered in this 

regulation’s effective date would be 

contrary to public interest because 

immediate action is needed to provide 

for the safety of life and property from 

the hazards associated with the work 

involved to repair the fender system. It 

is impracticable to publish an NPRM 

because the fender system work is a 

high priority, aimed at protecting both 

marine and vehicular traffic. 

Furthermore, delay is contrary to the 

public interest because of the need for 

protection of the public from the 

hazards involved with the work 

associated with repairing the fender 

system. 

Background and Purpose 

The Margate Bridge Company is 

conducting operations to repair the 

fender system on the Margate Bridge 

over the Intracoastal Waterway. As part 

of the operations, a barge will be 

stationed in the vicinity of the Margate 

Bridge, anchored on the west side of the 

Channel. The barge will have the new 

fender system constructed on it. The 

work to repair the fender system is 

expected to last six weeks, from 7 a.m. 

on February 6, 2012 through 5:30 p.m. 

on March 16, 2012. 

The Captain of the Port is establishing 

this safety zone to ensure the safety of 

life and property of all mariners and 

vessels transiting the local area. 

Discussion of Rule 

The Coast Guard Captain of the Port 

Delaware Bay is establishing a 

temporary safety zone beginning at 

7 a.m. on February 6, 2012 through 

5:30 p.m. on March 16, 2012. The 

boundary line for the temporary safety 

zone starts at position 39 20′19′′ N, 074 

30′53′′ W east to 39 20′19′′ N, 074 30′46′′ 

W south to 39 20′10′′ N, 074 30′49′′ W 

west to 39 20′10′′ N, 074 30′57′′ W and 

north to 39 20′19′′ N, 074 30′53′′ W. 

Vessels will not be permitted to transit 

through the safety zone unless they 

receive authorization from the Captain 

of the Port Delaware Bay or her 

representative. Such requests must be 

made one hour prior to the intended 

transit of the Safety Zone. Vessels may 

contact the Captain of the Port Delaware 

Bay or her representative in order to 

obtain authorization by contacting 

Sector Delaware Bay at (215) 271–4940. 

Vessels will be allowed to transit 

through the eastern portion of the 

channel while the repairs are on-going 

as this safety zone is intended to cover 

only the western portion of the channel. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 

section 6(a)(3) of that Executive Order 

12866 or under section 1 of Executive 

Order 13563. The Office of Management 

and Budget has not reviewed it under 

those Orders. 

Although this regulation will restrict 

access to the regulated area, the effect of 

this rule will not be significant because: 

(i) The Coast Guard will make extensive 

notification of the Safety Zone to the 

maritime public via maritime advisories 

so mariners can alter their plans 

accordingly; (ii) vessels may still be 

permitted to transit through the safety 

zone with the permission of the Captain 

of the Port on a case-by-case basis; and 

(iii) the eastern portion of the channel 

will remain open, allowing vessel traffic 

to transit through that portion while the 

repairs are ongoing. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: The owners or operator of the 

vessels intending to transit the western 

portion of the Intracoastal Waterway at 

or near Margate Bridge on February 6, 

2012 until March 16, 2012 from 7 a.m. 

until 5:30 p.m. Monday through 

Saturday. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons: The eastern 

portion of the channel will remain open 

and accessible to marine traffic to pass 

safely around the zone and vessel traffic 

will be allowed to pass through the zone 

with permission of the Coast Guard 

Captain of the Port Delaware Bay or her 

representative. Sector Delaware Bay will 

issue maritime advisories widely 

accessible to users of the waterway. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 


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12996 Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Rules and Regulations 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjust for inflation) or 

more in any one year. Though this rule 

will not result in such expenditure, we 

do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves implementation of regulations 

within 33 CFR part 165, applicable to 

safety zones on the navigable 

waterways. This zone will temporarily 

restrict vessel traffic from transiting 

through a portion of the river in order 

to protect the safety of life and property 

on the waters. Under figure 2–1, 

paragraph (34)(g) of the instruction, an 

environmental analysis checklist and a 

categorical exclusion determination are 

not required for this rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 

33 CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. Add temporary 165.T05–0096, to 

read as follows: 

§ 165.T05–0096 Safety Zone for Margate 

Bridge, Intracoastal Waterway; Margate, NJ. 

(a) Location. The boundary line for 

the temporary safety zone starts at 

position 39°20′19′′ N, 074°30′53′′ W east 

to 39°20′19′′ N, 074°30′46′′ W south to 

39°20′10′′ N, 074°30′49′′ W west to 

39°20′10′′ N, 074°30′57′′ W and north to 

39°20′19′′ N, 074°30′53′′ W. 

(b) Enforcement period. This rule is 

effective from February 6, 2012 until 

March 16, 2012, from 7 a.m. until 5:30 

p.m. 

(c) Regulations. All persons are 

required to comply with the general 

regulations governing safety zones in 33 

CFR 165.33 of this part. 

(1) All persons and vessels transiting 

through the Safety Zone must be 

authorized by the Captain of the Port or 

her representative. 

(2) All persons or vessels wishing to 

transit through the Safety Zone must 

request authorization to do so from the 

Captain of the Port or her representative 

one hour prior to the intended time of 

transit. 

(3) Vessels granted permission to 

transit must do so in accordance with 

the directions provided by the Captain 

of the Port or her representative to the 

vessel. 


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Federal Register / Vol. 77, No. 43 / Monday, March 5, 2012 / Rules and Regulations 12997 

(4) To seek permission to transit the 

Safety Zone, the Captain of the Port or 

her representative can be contacted via 

Sector Delaware Bay Command Center 

(215) 271–4940. 

(5) This section applies to all vessels 

wishing to transit through the Safety 

Zone except vessels that are engaged in 

the following operations: (i) Enforcing 

laws; (ii) servicing aids to navigation, 

and (iii) emergency response vessels. 

(6) No person or vessel may enter or 

remain in a safety zone without the 

permission of the Captain of the Port; 

(7) Each person and vessel in a safety 

zone shall obey any direction or order 

of the Captain of the Port; 

(8) The Captain of the Port may take 

possession and control of any vessel in 

the safety zone; 

(9) The Captain of the Port may 

remove any person, vessel, article, or 

thing from a safety zone; 

(10) No person may board, or take or 

place any article or thing on board, any 

vessel in a safety zone without the 

permission of the Captain of the Port; 

and 

(11) No person may take or place any 

article or thing upon any waterfront 

facility in a safety zone without the 

permission of the Captain of the Port. 

(d) Definitions. (1) The Captain of the 

Port means the Commanding Officer of 

Sector Delaware Bay or any Coast Guard 

commissioned, warrant, or petty officer 

who has been authorized by the Captain 

of the Port to act on her behalf. 

(e) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the Safety Zone by 

Federal, State, and local agencies. 

Dated: February 3, 2012. 

Todd C. Wiemers, 

Captain, U.S. Coast Guard, Alternate Captain 

of the Port Delaware Bay. 

[FR Doc. 2012–5204 Filed 3–2–12; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 1 

RIN 2900–AN42 

Drug and Drug-Related Supply 

Promotion by Pharmaceutical 

Company Representatives at VA 

Facilities 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Department of Veterans Affairs (VA) 

regulations regarding access to VA 

facilities by pharmaceutical company 

representatives. The purposes of the 

rule are to reduce or eliminate any 

potential for disruption in the patient 

care environment, manage activities and 

promotions at VA facilities, and provide 

pharmaceutical company 

representatives with a consistent 

standard of permissible business 

practice at VA facilities. The 

amendments will facilitate mutually 

beneficial relationships between VA and 

pharmaceutical company 

representatives. 

DATES: Effective Date: This final rule is 

effective April 4, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Louis E. Cobuzzi, PBM Services (119), 

Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue NW., Washington, DC 

20420; (202) 461–7362. (This is not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. 303, the Secretary of Veterans 

Affairs is responsible for ‘‘the proper 

execution and administration of all laws 

administered by the Department and for 

the control, direction, and management 

of the Department.’’ The Secretary has 

authority to prescribe all rules necessary 

to carry out the laws administered by 

the Department, such as section 303 

regarding control and management of 

the Department. See 38 U.S.C. 501(a). 

VA has implemented this authority, as 

it pertains to management of VA 

facilities, in 38 CFR part 1. 

VA amends 38 CFR part 1 to regulate 

access to VA medical facilities by 

pharmaceutical company 

representatives promoting drugs and 

drug-related supplies. Currently, many 

policies regarding access to VA facilities 

are established and maintained at the 

local level, either by Veterans Integrated 

Service Network (VISN) leaders or by 

administrators at particular facilities. A 

VISN, which we define in § 1.220(b), is 

a network of VA medical facilities 

located in a particular region. There are 

21 such regions, and the areas that they 

service can be found at http:// 

www.vacareers.va.gov/networks.cfmm. 

On May 11, 2010, we proposed VA-wide 

rules that would be followed at the 

VISN and local levels. 

We received five comments on the 

proposed rule. Although we make a few 

modifications based on these comments 

and some organizational changes for 

improved clarity, we otherwise adopt 

the rule as proposed for the reasons 

discussed in the May 11, 2010, notice. 

A detailed consideration of the 

comments follows. 

Requests for New Definitions 

In response to the comments 

concerning the scope of § 1.220 as a 

whole, we have added a ‘‘Scope’’ 

paragraph, designated as paragraph (a), 

that states: ‘‘This rule governs on-site, 

in-person promotional activities, 

including educational activities, by 

pharmaceutical company 

representatives at VA medical facilities. 

It does not apply to the distribution of 

information and materials through other 

means.’’ This note clarifies that the rule 

governs only physical access to VA 

medical facilities and that information 

and materials can be distributed through 

other means than in-person at a VA 

medical facility. Consistent with this 

clarification of the scope of the rule, we 

have revised the heading of § 1.220 to 

‘‘On-site activities by pharmaceutical 

company representatives at VA medical 

facilities.’’ Because we inserted a new 

paragraph (a) and made other 

organizational changes to the rule, the 

paragraph designations used in the 

proposed rule have changed. 

Throughout this rulemaking we cite to 

both the proposed rule paragraph 

designation and the final rule paragraph 

designation. 

We note that we have made a 

technical revision to correctly refer to 

the ‘‘official National Formulary.’’ The 

proposed rule had referred to the 

‘‘official National Formulary of the 

United States,’’ which is not the correct 

title of the National Formulary. 

A commenter stated that the proposed 

rule does not clearly define 

‘‘educational programs and materials.’’ 

The commenter stated that proposed 

paragraph (d) ‘‘appears to apply to 

programmed events with an 

educational, rather than promotional, 

purpose * * * and the materials 

associated with such events.’’ To clarify 

the applicability of proposed paragraph 

(d), now designated as paragraph (f), we 

have added the following: ‘‘An 

educational program is a pre-scheduled 

event or meeting during which a 

pharmaceutical company representative 

provides information about a drug or 

drug-related supply.’’ We have also 

modified the word ‘‘materials’’ where it 

appears in paragraph (f) with the word 

‘‘associated’’ to make clear that the 

materials discussed in paragraph (f) are 

those materials intended for use in 

connection with an educational 

program. We note that this definition 

applies only to this section and does not 

apply to the similar terms as used by 

other U.S. Government agencies, such as 

the Food and Drug Administration 

(FDA), in their regulations or guidances. 


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