55108 Federal Register / Vol. 71, No. 183 / Thursday, September 21, 2006 / Rules and Regulations 

paragraphs (a)(1), (a)(3)(iii), (a)(4), or 

(a)(5) and (a)(6), respectively, of this 

section does not apply to the indicated 

species that were harvested, landed 

ashore, and sold prior to the effective 

date of the closure and were held in 

cold storage by a dealer or processor. 

* * * * * 

■ 11. In § 622.44, paragraphs (c)(2), 

(c)(3), (c)(4), and (c)(5) are revised to 

read as follows: 

§ 622.44 Commercial trip limits. 

* * * * * 

(c) * * * 

(2) Golden tilefish. (i) Until 75 percent 

of the fishing year quota specified in 

§ 622.42(e)(2) is reached—4,000 lb 

(1,814 kg). 

(ii) After 75 percent of the fishing year 

quota specified in § 622.42(e)(2) is 

reached—300 lb (136 kg). However, if 75 

percent of the fishing year quota has not 

been taken on or before September 1, 

the trip limit will not be reduced. The 

Assistant Administrator, by filing a 

notification of trip limit change with the 

Office of the Federal Register, will effect 

a trip limit change specified in this 

paragraph, (c)(2)(ii), when the 

applicable conditions have been taken. 

(iii) See § 622.43(a)(5) for the 

limitations regarding golden tilefish 

after the fishing year quota is reached. 

(3) Snowy grouper. (i) During the 2006 

fishing year, until the quota specified in 

§ 622.42(e)(1)(i) is reached—275 lb (125 

kg). 

(ii) During the 2007 fishing year, until 

the quota specified in § 622.42(e)(1)(ii) 

is reached—175 lb (79 kg). 

(iii) During the 2008 and subsequent 

fishing years, until the quota specified 

in § 622.42(e)(1)(iii) is reached—100 lb 

(45 kg). 

(iv) See § 622.43(a)(5) for the 

limitations regarding snowy grouper 

after the fishing year quota is reached. 

(4) Red porgy. (i) From May 1 through 

December 31—120 fish. 

(ii) From January 1 through April 30, 

the seasonal harvest limit specified in 

§ 622.36(b)(5) applies. 

(iii) See § 622.43(a)(5) for the 

limitations regarding red porgy after the 

fishing year quota is reached. 

(5) Greater amberjack. Until the 

fishing year quota specified in 

§ 622.42(e)(3) is reached, 1,000 lb (454 

kg). See § 622.43(a)(5) for the limitations 

regarding greater amberjack after the 

fishing year quota is reached. 

* * * * * 

■ 12. In § 622.45, paragraph (d)(8) is 

added to read as follows: 

§ 622.45 Restrictions on sale/purchase. 

* * * * * 

(d) * * * 

(8) No person may sell or purchase a 

snowy grouper, golden tilefish, greater 

amberjack, vermilion snapper, black sea 

bass, or red porgy harvested from or 

possessed in the South Atlantic by a 

vessel for which a valid Federal 

commercial or charter vessel/headboat 

permit for South Atlantic snappergrouper has been issued for the 

remainder of the fishing year after the 

applicable commercial quota for that 

species specified in § 622.42(e) has been 

reached. The prohibition on sale/ 

purchase during these periods does not 

apply to such of the applicable species 

that were harvested, landed ashore, and 

sold prior to the applicable commercial 

quota being reached and were held in 

cold storage by a dealer or processor. 

* * * * * 

[FR Doc. 06–7940 Filed 9–18–06; 2:59 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9280] 

RIN 1545–BE10 

Section 411(d)(6) Protected Benefits; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correcting amendment. 

SUMMARY: This document contains 

corrections to final regulations that were 

published in the Federal Register on 

August 9, 2006 (71 FR 45379) that 

provide guidance on certain issues 

under section 411(d)(6) of the Internal 

Revenue Code (Code), including the 

interaction between the anti-cutback 

rules of section 411(d)(6) and the 

nonforfeitability requirements of section 

411(a). 

EFFECTIVE DATE: This correction is 

effective August 9, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Pamela R. Kinard, at (202) 622–6060 

(not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations that are the 

subject of this correction are under 

section 411(d)(6) of the Code. 

Need for Correction 

As published, the final regulations 

(TD 9280), contain errors that may prove 

to be misleading and are in need of 

clarification. 

List of Subjects in 26 CFR Part 1 

Income taxes, Reporting and 

recordkeeping requirements. 

Correction of Publication 

■ Accordingly, 26 CFR part 1 is 

corrected by making the following 

correcting amendments: 

PART 1—INCOME TAXES 

■ Paragraph 1. The authority citation 

for part 1 continues to read in part as 

follows: 

Authority: 26 U.S.C 7805 * * * 

■ Par. 2. Section 1.411(d)–3 is amended 

by revising paragraph (a)(3)(i), second 

sentence and (a)(4) Example 4 (ii), 

second sentence to read as follows: 

§ 1.411(d)–3 Section 411 (d)(6) protected 

benefits. 

(a) * * * 

(3) * * * However, such an 

amendment does not violate section 

411(d)(6) to the extent it applies with 

respect to benefits that accrue after the 

applicable amendment date. 

(4) * * * 

Example 4 * * * 

(ii) * * * A method of avoiding a section 

411 (d)(6) violation with respect to account 

balances attributable to benefits accrued as of 

the applicable amendment date and earnings 

thereon would be for Plan D to provide for 

the vested percentage of G and each other 

participant in Plan E to be no less than the 

greater of the vesting percentages under the 

two vesting schedules (for example, for G and 

each other participant in Plan E to be 20% 

vested upon completion of 3 years of service, 

40% vested upon completion of 4 years of 

service, and fully vested upon completion of 

5 years of service) for those account balances 

and earnings. 

* * * * * 

Cynthia Grigsby, 

Senior Federal Liaison Officer, Legal 

Processing Division, Associate Chief Counsel 

(Procedure and Administration). 

[FR Doc. 06–7862 Filed 9–20–06; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9280] 

RIN 1545–BE10 

Section 411(d)(6) Protected Benefits; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final regulations. 


rmajette on PROD1PC67 with RULES1