41272 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations

List of Subjects in 21 CFR Part 178

Food additives, Food packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR part 178 is

amended as follows:

PART 178—INDIRECT FOOD

ADDITIVES: ADJUVANTS,

PRODUCTION AIDS, AND SANITIZERS

1. The authority citation for 21 CFR

part 178 continues to read as follows:

Authority: Secs. 201, 402, 409, 721 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321, 342, 348, 379e).

2. Section 178.2010 is amended in the

table in paragraph (b) by alphabetically

adding a new entry under the headings

‘‘Substances’’ and ‘‘Limitations’’ to read

as follows:

§ 178.2010 Antioxidants and/or stabilizers

for polymers.

* * * * *

(b) * * *

Substances Limitations

* * * * * * *

2,4-Dimethyl-6-(1-methylpentadecyl)phenol (CAS Reg. No. 134701–20–

5)

For use only:

1. At levels not to exceed 0.3 percent by weight of acrylonitrile-butadiene-styrene copolymers used in accordance with applicable regulations in parts 175, 176, 177, and 181 of this chapter, under conditions of use C through H as described in Table 2 of § 176.170(c) of

this chapter.

2. At levels not to exceed 0.033 percent by weight of rigid polyvinyl

chloride, under conditions of use A through H as described in Table

2 of § 176.170(c) of this chapter.

* * * * * * *

Dated: July 24, 1997.

Fred R. Shank,

Director, Center for Food Safety and Applied

Nutrition.

[FR Doc. 97–20390 Filed 7-31-97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

Implantation or Injectable Dosage

Form New Animal Drugs

CFR Correction

In Title 21 of the Code of Federal

Regulations, parts 500 to 599, revised as

of April 1, 1997, on page 270, in the

second column, in § 522.2610(b)(2),

‘‘017220’’ should read ‘‘011716’’.

BILLING CODE 1505-01-D

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8727]

RIN 1545–AV23

Remedial Amendment Period

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final and temporary

regulations.

SUMMARY: This document contains final

and temporary regulations relating to

the remedial amendment period, during

which a sponsor of a qualified

retirement plan or an employer that

maintains a qualified retirement plan

can make retroactive amendments to the

plan to eliminate certain qualification

defects for the entire period. These final

and temporary regulations clarify the

scope of the Commissioner’s authority

to provide relief from plan

disqualification under the regulations,

to enable the Commissioner to provide

appropriate relief for plan amendments

relating to changes to the plan

qualification rules made in the Small

Business Job Protection Act of 1996 and

the Uruguay Round Agreements Act of

1994. These final and temporary

regulations affect sponsors of qualified

retirement plans, and employers that

maintain qualified retirement plans. The

text of the temporary regulations also

serves as the text of the proposed

regulations set forth in the notice of

proposed rulemaking on this subject in

the Proposed Rules section of this issue

of the Federal Register.

DATES: These regulations are effective

August 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Linda S. F. Marshall, (202) 622–6030

(not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

This document contains amendments

to the Income Tax Regulations (26 CFR

part 1) under section 401(b). The

temporary regulations provide guidance

to clarify the scope of the

Commissioner’s authority to provide

relief from plan disqualification under

section 401(b) and the regulations. This

guidance will enable the Commissioner

to provide appropriate relief concerning

the timing of plan amendments relating

to changes to the plan qualification

rules made in the Small Business Job

Protection Act of 1996, Pub. L. No. 104–

188, and the Uruguay Round

Agreements Act of 1994, Pub. L. No.

103–465, as well as for other plan

amendments that may be needed as a

result of future changes to the Internal

Revenue Code.

Explanation of Provisions

Section 401(b) provides that a plan is

considered to satisfy the qualification

requirements of section 401(a) for the

period beginning with the date on

which it was put into effect, or for the

period beginning with the earlier of the

date on which any amendment that

caused the plan to fail to satisfy those

requirements was adopted or put into

effect, and ending with the time

prescribed by law for filing the

employer’s return for the taxable year in

which that plan or amendment was

adopted (including extensions) or such

later time as the Secretary may

designate. The relief provided under

section 401(b) applies only if all

provisions of the plan needed to satisfy

the qualification requirements are in

effect by the end of the specified period

and have been made effective for all

purposes for the entire period.

Section 1.401(b)-1(b) lists the plan

provisions that may be amended
Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations 41273

retroactively pursuant to rules of section

401(b). These plan provisions, termed

‘‘disqualifying provisions,’’ include the

plan provisions listed in section 401(b),

as well as plan provisions that result in

failure of a plan to satisfy the

qualification requirements of the Code

by reason of a change in those

requirements effected by the legislation

listed in § 1.401(b)-1(b)(2)(i) and (ii).

Under § 1.401(b)-1(b)(2)(ii), a

disqualifying provision also includes a

plan provision that is integral to a

qualification requirement changed by

specified legislation. Section 1.401(b)-

1(b)(2)(iii), as in effect prior to

amendment by the final regulations,

provided that a disqualifying provision

includes a plan provision that results in

failure of the plan to satisfy the Code’s

qualification requirements by reason of

a change in those requirements effected

by amendments to the Code, that is

designated by the Commissioner, at the

Commissioner’s discretion, as a

disqualifying provision.

Former § 1.401(b)-1(c), which has

been redesignated § 1.401(b)-1(d) under

the final regulations, provides rules for

determining the period for which the

relief provided under section 401(b)

applies (the ‘‘remedial amendment

period’’). Former § 1.401(b)-1(c)(1)

defines the beginning of the remedial

amendment period for the disqualifying

provisions listed in § 1.401(b)-1(b)(1)

and § 1.401(b)-1(b)(2)(i) and (ii).

The temporary regulations make

certain changes to clarify the scope of

the Commissioner’s authority to provide

relief from plan disqualification under

section 401(b). These changes are

needed to clarify the rules relating to the

plan provisions that may be designated

by the Commissioner as disqualifying

provisions based on amendments to the

plan qualification requirements of the

Internal Revenue Code. Section

1.401(b)-1T(b)(3) provides that a

disqualifying provision includes a plan

provision designated by the

Commissioner, at the Commissioner’s

discretion, as a disqualifying provision

that either (1) results in the failure of the

plan to satisfy the qualification

requirements of the Code by reason of

a change in those requirements; or (2) is

integral to a qualification requirement of

the Code that has been changed. Section

1.401(b)-1T(c)(2) provides the

Commissioner with explicit authority to

impose limits and provide additional

rules regarding the amendments that

may be made with respect to

disqualifying provisions during the

remedial amendment period. Section

1.401(b)-1T(d)(1)(iv) and (v) provide

conforming rules regarding the

beginning of the remedial amendment

period for disqualifying provisions

described in § 1.401(b)-1T(b)(3).

Special Analyses

It has been determined that this

Treasury decision is not a significant

regulatory action as defined in EO

12866. Therefore, a regulatory

assessment is not required. It also has

been determined that section 553(b) of

the Administrative Procedure Act (5

U.S.C. chapter 5) does not apply to these

regulations and, because the regulation

does not impose a collection of

information on small entities, the

Regulatory Flexibility Act (5 U.S.C.

chapter 6) does not apply. Pursuant to

section 7805(f) of the Internal Revenue

Code, these temporary regulations will

be submitted to the Chief Counsel for

Advocacy of the Small Business

Administration for comment on their

impact on small business.

Drafting Information

The principal author of these

regulations is Linda S. F. Marshall,

Office of the Associate Chief Counsel

(Employee Benefits and Exempt

Organizations). However, other

personnel from the IRS and Treasury

Department participated in their

development.

List of Subjects in 26 CFR Part 1

Income taxes, Reporting and

recordkeeping requirements.

Amendments to the Regulations

Accordingly, 26 CFR part 1 is

amended as follows:

PART 1—INCOME TAXES

Paragraph 1. The authority citation

for part 1 is amended by adding one

entry for § 1.401(b)-1 to read in part as

follows:

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

§ 1.401(b)–1 also issued under 26

U.S.C. 401(b). * * *

§ 1.401(b)–1 [Amended]

Par. 2. Section 1.401(b)–1 is amended

as follows:

1. Paragraphs (c), (d) and (e) are

redesignated as paragraphs (d), (e) and

(f), respectively.

2. Following newly redesignated

paragraph (d)(2)(iv), the two

undesignated paragraphs are designated

as paragraphs (d)(3) and (d)(4),

respectively.

Par. 3. In the list below, for each

section indicated in the left column,

remove the language in the middle

column, and add the language in the

right column.

Section Remove Add

1.401(b)–1 (a), first sentence ....................................... (c), (d) and (e) .......................................... (d), (e) and (f).

1.401(b)–1 (b)(1) ........................................................... Effective or ................................................ Effective

1.401(b)–1 (d)(1)(ii) ....................................................... Earlier), or ................................................. Earlier),

1.401(b)–1 (d)(1)(iii) ...................................................... Such provision .......................................... Such provision, or

1.401(b)–1 (d)(2) introductory text ................................ Paragraph (d) ........................................... Paragraph (e).

1.401(b)–1 (d)(3) ........................................................... (c)(2)(i), (c)(2)(ii), and (c)(2)(iii) ................ (d)(2)(i), (d)(2)(ii) and (d)(2)(iii).

1.401(b)–1 (d)(4) ........................................................... (c)(2) ......................................................... (d)(2).

1.401(b)–1 (d)(4) ........................................................... (c)(2)(i) ...................................................... (d)(2)(i).

1.401(b)–1 (e)(1)(ii)(C), third sentence ......................... Paragraph (d)(1) ....................................... Paragraph (e)(1).

1.401(b)–1 (e)(2)(ii)(C), third sentence ......................... Paragraph (d)(2) ....................................... Paragraph (e)(2).

1.401(b)–1 (e)(3) introductory text ................................ This paragraph (d) .................................... This paragraph (e).

1.401(b)–1 (e)(3) introductory text ................................ Which paragraph (d)(1) or (2) .................. Which paragraph (e)(1) or (2).

1.401(b)–1 (e)(3) introductory text ................................ In paragraph (d)(1) or (2) ......................... In paragraph (e)(1) or (2).

1.401(b)–1 (e)(4) ........................................................... Paragraph (d)(3) ....................................... Paragraph (e)(3).

1.401(b)–1 (e)(4) ........................................................... Paragraph (c) ............................................ Paragraph (d).

1.401(b)–1(e)(5) introductory text ................................. Subdivisions (i), (ii) and (iii) of this subparagraph.Paragraphs (e)(5)(i), (ii) and (iii) of this section.

1.401(b)–1 (e)(5) introductory text ................................ Paragraph (c) ............................................ Paragraph (d).

1.401(b)–1 (e)(5)(iii) ...................................................... Paragraph (d)(5)(ii) ................................... Paragraph (e)(5)(ii).
41274 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations

Par. 4. Section 1.401(b)-1 is further

amended as follows:

1. Paragraph (b)(2)(iii) is removed.

2. Paragraphs (b)(3), (c) and (d)(1)(iv)

are added. The additions read as

follows:

§ 1.401(b)–1 Certain retroactive changes in

plan.

* * * * *

(b) * * *

(3) A plan provision described in

§ 1.401(b)-1T(b)(3).

(c) Special rules applicable to

disqualifying provisions. For special

rules applicable to disqualifying

provisions, see § 1.401(b)-1T(c).

(d) * * *

(1) * * *

(iv) In the case of a disqualifying

provision described in § 1.401(b)–

1T(b)(3), the date described in

§ 1.401(b)–1T(d)(1)(iv) or (v), whichever

applies to the disqualifying provision.

Par. 5. Section 1.401(b)–1T is added

to read as follows:

§ 1.401(b)–1T Certain retroactive changes

in plan (temporary).

(a) [Reserved]. For further

information, see § 1.401(b)–1(a).

(b) Disqualifying provisions. For

purposes of § 1.401(b)–1, with respect to

a plan described in § 1.401(b)–1(a), the

term ‘‘disqualifying provision’’ means:

(1) and (2) [Reserved]. For further

information, see § 1.401(b)–1(b) (1) and

(2).

(3) A plan provision designated by the

Commissioner, at the

Commissioner’s discretion, as a

disqualifying provision that either—

(i) Results in the failure of the plan to

satisfy the qualification requirements of

the Code by reason of a change in those

requirements; or

(ii) Is integral to a qualification

requirement of the Code that has been

changed.

(c) Special rules applicable to

disqualifying provisions—

(1) Absence of plan provision. For

purposes of paragraph (b)(3) of this

section and § 1.401(b)–1(b)(2), a

disqualifying provision includes the

absence from a plan of a provision

required by, or, if applicable, integral to

the applicable change to the

qualification requirements of the

Internal Revenue Code, if the plan was

in effect on the date the change became

effective with respect to the plan.

(2) Method of designating of

disqualifying provisions. The

Commissioner may designate a plan

provision as a disqualifying provision

pursuant to paragraph (b)(3) of this

section only in revenue rulings, notices,

and other guidance published in the

Internal Revenue Bulletin. See

§ 601.601(d)(2)(ii)(b) of this chapter.

(3) Authority to impose limitations. In

the case of a provision that has been

designated as a disqualifying provision

by the Commissioner pursuant to

paragraph (b)(3) of this section, the

Commissioner may impose limits and

provide additional rules regarding the

amendments that may be made with

respect to that disqualifying provision

during the remedial amendment period.

The Commissioner may impose these

limits and provide these additional

rules only in revenue rulings, notices,

and other guidance published in the

Internal Revenue Bulletin. See

§ 601.601(d)(2)(ii)(b) of this chapter.

(d) Remedial amendment period. (1)

The remedial amendment period with

respect to a disqualifying provision

begins:

(i) through (iii) [Reserved]. For further

information, see § 1.401(b)–1(d)(1) (i)

through (iii).

(iv) In the case of a disqualifying

provision described in paragraph

(b)(3)(i) of this section, the date on

which the change effected by an

amendment to the Internal Revenue

Code became effective with respect to

the plan, or

(v) In the case of a disqualifying

provision described in paragraph

(b)(3)(ii) of this section, the first day on

which the plan was operated in

accordance with such provision, as

amended, unless another time is

specified by the Commissioner in

revenue rulings, notices, and other

guidance published in the Internal

Revenue Bulletin. See

§ 601.601(d)(2)(ii)(b) of this chapter.

(2) [Reserved]

Dated: July 22, 1997.

Michael P. Dolan,

Acting Commissioner of Internal Revenue.

[FR Doc. 97–20037 Filed 7–31–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP Jacksonville 97–035]

RIN 2115–AA97

Security Zone; Port Canaveral, FL

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a 200 yard moving security

zone around HMS Vigilant while the

vessel is underway in U.S. waters in the

vicinity of Port Canaveral, Florida. The

zone is needed to safeguard HMS

Vigilant against destruction from

sabotage or other subversive acts,

accidents, or other causes of a similar

nature while the vessel transits through

the Port Canaveral Entrance Channel to

and from the East Basin in Port

Canaveral, Florida. Entry into this zone

is prohibited unless authorized by the

Captain of the Port.

DATES: These regulations become

effective at 7 a.m. on July 31, 1997, and

terminate at 7 a.m. on November 1,

1997, unless terminated earlier by the

Captain of the Port.

FOR FURTHER INFORMATION CONTACT:

Ensign C. A. Purtell, Waterways

Management Officer, USCG Marine

Safety Office, Jacksonville at (904) 232–

2957.

SUPPLEMENTARY INFORMATION:

Background and Purpose

The event requiring this regulation is

the arrival and departure of HMS

Vigilant into U.S. waters enroute to and

from Port Canaveral, Florida. The vessel

is scheduled to make multiple entries

and exits into the Port of Canaveral

between August 1 and October 31, 1997.

A security zone is necessary to

safeguard HMS Vigilant from sabotage,

or other subversive acts, accidents, or

other causes of a similar nature within

U.S. waters. The security zone will be

enforced by representatives of the

Captain of the Port Jacksonville, Florida.

The Captain of the Port may be assisted

by other Federal agencies and civil law

enforcement authorities.

The security zone will be established

in an area 200 yards in all directions

around HMS Vigilant when entering or

departing Port Canaveral. The security

zone will be enforced for a period of

approximately two hours during the

arrival and departure of this vessel. The

Coast Guard will assign a patrol and

issue a Broadcast Notice to Mariners to

advise marine interests of the security

zone in advance of the vessel’s arrival

and departure. This security zone will

be enforced only during the time

indicated in the Broadcast Notice to

Mariners.

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Publishing a NPRM and

delaying its effective date would be

contrary to the public interest since

immediate action is needed to prevent

potential damage to HMS Vigilant as the