Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 28607 

the plan are qualified public safety 

employees (within the meaning of 

section 72(t)(10)(B)). 

(3) Benefit distribution prior to 

retirement. For purposes of paragraph 

(b)(1)(i) of this section, retirement does 

not include a mere reduction in the 

number of hours that an employee 

works. Accordingly, benefits may not be 

distributed prior to normal retirement 

age solely due to a reduction in the 

number of hours that an employee 

works. 

(4) Effective date. Except as otherwise 

provided in this paragraph (b)(4), 

paragraphs (b)(2) and (3) of this section 

are effective May 22, 2007. In the case 

of a governmental plan (as defined in 

section 414(d)), paragraphs (b)(2) and (3) 

of this section are effective for plan 

years beginning on or after January 1, 

2009. In the case of a plan maintained 

pursuant to one or more collective 

bargaining agreements that have been 

ratified and are in effect on May 22, 

2007, paragraphs (b)(2) and (3) of this 

section do not apply before the first plan 

year that begins after the last of such 

agreements terminate determined 

without regard to any extension thereof 

(or, if earlier, May 24, 2010. See 

§ 1.411(d)–4, A–12, for a special 

transition rule in the case of a plan 

amendment that increases a plan’s 

normal retirement age pursuant to 

paragraph (b)(2) of this section. 

■ Par. 3. Section 1.411(d)–4 is amended 

by adding Q&A–12 as follows: 

§ 1.411(d)–4 Section 411(d)(6) protected 

benefits. 

* * * * * 

Q–12. Is there a transition period 

during which a plan is permitted to 

eliminate a right to in-service 

distributions in connection with an 

amendment to ensure that the plan’s 

normal retirement age satisfies the 

requirements of § 1.401(a)–1(b)(2)? 

A–12. (a) In general. A plan 

amendment that changes the normal 

retirement age under the plan to a later 

normal retirement age pursuant to 

§ 1.401(a)–1(b)(2) does not violate 

section 411(d)(6) merely because it 

eliminates a right to an in-service 

distribution prior to the amended 

normal retirement age. However, this 

paragraph does not provide relief from 

any other applicable requirements; for 

example, this relief does not permit the 

amendment to violate section 411(a)(9) 

(requiring that the normal retirement 

benefit not be less than the greater of 

any early retirement benefit payable 

under the plan or the benefit under the 

plan commencing at normal retirement 

age), section 411(a)(10) (if the 

amendment changes the plan’s vesting 

rules), section 411(d)(6) (other than 

elimination of the right to an in-service 

distribution prior to the amended 

normal retirement age), or section 4980F 

(relating to an amendment that reduces 

the rate of future benefit accrual). This 

paragraph only applies to a plan 

amendment that is adopted after May 

22, 2007 and on or before the last day 

of the applicable remedial amendment 

period under § 1.401(b)–1 with respect 

to the requirements of § 1.401(a)–1(b)(2) 

and (3). 

(b) Example. The following example 

illustrates the application of this 

section: 

(i) Facts. (A) Plan A is a defined benefit 

plan intended to be qualified under section 

401(a). Plan A is maintained by a calendar 

year taxpayer and has a normal retirement 

age that is age 45. For employees who cease 

employment before normal retirement age 

with a vested benefit, Plan A permits benefits 

to commence at any date after the attainment 

of normal retirement age through attainment 

of age 701⁄2 and provides for benefits to be 

actuarially increased to the extent they 

commence after normal retirement age. For 

employees who continue employment after 

attainment of normal retirement age, Plan A 

provides for benefits to continue to accrue 

and permits benefits to commence at any 

time, with an actuarial increase in benefits to 

apply to the extent benefits do not commence 

after normal retirement age. Age 45 is an age 

that is earlier than the earliest age that is 

reasonably representative of the typical 

retirement age for the industry in which the 

covered workforce is employed. 

(B) On February 18, 2008, Plan A is 

amended, effective May 22, 2007, to change 

its normal retirement age to the later of age 

65 or the fifth anniversary of participation in 

the plan. The amendment provides full 

vesting for any participating employee who 

is employed on May 21, 2007, and who 

terminates employment on or after attaining 

age 45. The amendment provides employees 

who cease employment before the revised 

normal retirement age and who are entitled 

to a vested benefit with the right to be able 

to commence benefits at any date from age 

45 to age 701⁄2. The plan amendment also 

revises the plan’s benefit accrual formula so 

that the benefit for prior service (payable 

commencing at the revised normal retirement 

age or any other age after age 45) is not less 

than would have applied under the plan’s 

formula before the amendment (also payable 

commencing at the corresponding dates), 

based on the benefit accrued on May 21, 

2007, and provides for service thereafter to 

have the same rate of future benefit accrual. 

Thus, for any participant employed on May 

21, 2007, with respect to benefits accrued for 

service after May 21, 2007, the amount 

payable under the plan (as amended) at any 

benefit commencement date after age 45 is 

the same amount that would have been 

payable at that benefit commencement date 

under the plan prior to amendment. The plan 

amendment also eliminates the right to an inservice distribution between age 45 and the 

revised normal retirement age. Plan A has 

been operated since May 22, 2007, in 

conformity with the amendment adopted on 

February 18, 2008. 

(ii) Conclusion. The plan amendment does 

not violate section 411(d)(6). Although the 

amendment eliminates the right to 

commence benefits in-service between age 45 

and the revised normal retirement age, the 

amendment is made before the last day of the 

remedial amendment period applicable to the 

plan under § 1.401(b)–1 with respect to the 

requirements of § 1.401(a)–1(b)(2) and (3), 

and therefore the amendment is permitted 

under paragraph (a) of this A–12. Further, the 

amendment does not result in a reduction in 

any benefit for service after May 22, 2007. 

Thus, the amendment does not result in a 

reduction in any benefit for future service, 

and advance notice of a significant reduction 

in the rate of future benefit accrual is not 

required under section 4980F. 

Kevin M. Brown, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: May 9, 2007. 

Eric Solomon, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. E7–9643 Filed 5–21–07; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[CGD05–07–020] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Delaware River, Delaware City, 

DE 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary special local 

regulations during the ‘‘7th Annual 

Escape from Fort Delaware Triathlon’’, 

an event to be held June 9, 2007 on the 

waters of Delaware River at Delaware 

City, DE. These special local regulations 

are necessary to provide for the safety of 

life on navigable waters during the 

event. This action will temporarily 

restrict vessel traffic in a portion of the 

Delaware River during the 7th Annual 

Escape from Fort Delaware Triathlon. 

DATES: This rule is effective from 5:30 

a.m. to 10:30 a.m. on June 9, 2007. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket (CGD05–07– 

020) and are available for inspection or 

copying at Commander (dpi), Fifth 

Coast Guard District, 431 Crawford 


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28608 Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 

Street, Portsmouth, Virginia 23704–

5004, between 9 a.m. and 2 p.m., 

Monday through Friday, except Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

D.M. Sens, Project Manager, Compliance 

and Inspection Branch, at (757) 398–

6204. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On March 21, 2007, we published a 

Notice of proposed rulemaking (NPRM) 

entitled Special Local Regulations for 

Marine Events; Delaware River, 

Delaware City, DE in the Federal 

Register (72 FR 13221). We received no 

letters commenting on the proposed 

rule. No public meeting was requested, 

and none was held. 

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. Delaying the effective date 

would be contrary to the public interest, 

since immediate action is needed to 

ensure the safety of the event 

participants, support craft and other 

vessels transiting the event area. 

However, advance notifications will be 

made to affected waterway users via 

marine information broadcasts, area 

newspapers and local radio stations. 

Background and Purpose 

On June 9, 2007, the Escape from Fort 

Delaware Triathlon, Inc. will sponsor 

the ‘‘7th Annual Escape from Fort 

Delaware Triathlon’’. The swimming 

segment of the event will consist of 

approximately 500 swimmers 

competing across a one mile course 

along the Delaware River between Pea 

Patch Island and Delaware City, 

Delaware. The competition will begin at 

Pea Patch Island. The participants will 

swim across to the finish line located at 

the Delaware City Wharf, swimming 

approximately one mile, across 

Bulkhead Shoal Channel. 

Approximately 20 support vessels will 

accompany the swimmers. Due to the 

need for vessel control during the 

swimming event, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area to provide for the safety of 

participants, support craft and other 

transiting vessels. 

Discussion of Comments and Changes 

The Coast Guard did not receive 

comments in response to the Notice of 

proposed rulemaking (NPRM) published 

in the Federal Register. Accordingly, 

the Coast Guard is establishing 

temporary special local regulations on 

specified waters of the Delaware River, 

near Delaware City, DE. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We expect the economic impact of 

this rule to be so minimal that a full 

Regulatory Evaluation is unnecessary. 

Although this regulation restricts 

vessel traffic from transiting a portion of 

the Delaware River during the event, the 

effect of this regulation will not be 

significant due to the limited duration 

that the regulated area will be in effect 

and the extensive advance notifications 

that will be made to the maritime 

community via marine information 

broadcasts, area newspapers and radio 

stations so mariners can adjust their 

plans accordingly. 

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 operators of 

vessels intending to transit this section 

of the Delaware River during the event. 

This rule will not have a significant 

economic impact on a substantial 

number of small entities for the 

following reasons. This rule will be in 

effect for only a short period, from 5:30 

a.m. to 10:30 a.m. on June 9, 2007. 

Vessels desiring to transit the event area 

will be able to transit the regulated area 

at slow speed as the swim progresses, 

when the Coast Guard Patrol 

Commander determines it is safe to do 

so. Before the enforcement period, we 

will issue maritime advisories so 

mariners can adjust their plans 

accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

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

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. If the rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

the address listed under ADDRESSES. 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. 

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 

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). 

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 or more in any one year. 

Though this rule will not result in such 

an 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. 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Rules and Regulations 28609 

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 

Commandant Instruction M16475.lD 

and Department of Homeland Security 

Management Directive 5100.1, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321–

4370f), and have concluded that there 

are no factors in this case that would 

limit the use of a categorical exclusion 

under section 2.B.2 of the Instruction. 

Therefore, this rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h), of the Instruction, from further 

environmental documentation. Special 

local regulations issued in conjunction 

with a regatta or marine event permit 

are specifically excluded from further 

analysis and documentation under those 

sections. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add temporary § 100.35–T05–020 

to read as follows: 

§ 100.35–T05–020 Delaware River, 

Delaware City, DE. 

(a) Regulated area. The regulated area 

includes all waters of the Delaware 

River within 500 yards either side of a 

line drawn southwesterly from a point 

near the shoreline at Pea Patch Island, 

at latitude 39°35′08′′ N, 075°34′18′′ W, 

thence to latitude 39°34′43.6′′ N, 

075°35′13′′ W, a position located near 

the Delaware City Wharf, Delaware City, 

DE. All coordinates reference Datum 

NAD 1983. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Sector 

Delaware Bay. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Delaware Bay with 

a commissioned, warrant, or petty 

officer on board and displaying a Coast 

Guard ensign. 

(c) Special local regulations. (1) 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(d) Enforcement period. This section 

will be enforced from 5:30 a.m. to 10:30 

a.m. on June 9, 2007. 

Dated: May 12, 2007. 

Larry L. Hereth, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. E7–9777 Filed 5–21–07; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–07–047] 

Drawbridge Operation Regulations; 

Pequonnock River, Bridgeport, CT 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Stratford Avenue 

Bridge across the Pequonnock River, 

mile 0.1, at Bridgeport, Connecticut. 

Under this temporary deviation, in 

effect from May 29, 2007 through 

September 17, 2007, the Stratford 

Avenue Bridge may remain in the 

closed position, except for scheduled 

daily bridge openings. This deviation is 

necessary to facilitate scheduled bridge 

maintenance. 

DATES: This deviation is effective from 

May 29, 2007 through September 17, 

2007. 

ADDRESSES: Materials referred to in this 

document are available for inspection or 

copying at the First Coast Guard 

District, Bridge Branch Office, One 

South Street, New York, New York, 

10004, between 7 a.m. and 3 p.m., 

Monday through Friday, except Federal 

holidays. The telephone number is (212) 


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