Federal Register / Vol. 77, No. 64 / Tuesday, April 3, 2012 / Proposed Rules 19975 

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) 

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 http:// 

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. 

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) 

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 


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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. 

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 

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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: 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: http:// 

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 


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