Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules 41323

taxpayers may submit comments

electronically via the internet by

selecting the ‘‘Tax Regs’’ option on the

IRS Home Page, or by submitting

comments directly to the IRS internet

site at http://www.irs.ustreas.gov/prod/

taxlregs/comments.html.

FOR FURTHER INFORMATION CONTACT:

Concerning the proposed regulations,

Linda S. F. Marshall, (202) 622–6030;

concerning submissions, Evangelista

Lee, (202) 622–7190 (not toll-free

numbers).

SUPPLEMENTARY INFORMATION:

Background

Final and temporary regulations in

the Rules and Regulations section of this

issue of the Federal Register amend the

Income Tax Regulations (26 CFR part 1)

relating to section 401(b). The

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.

The text of the temporary regulations

also serves as the text of these proposed

regulations. The preamble to the final

and temporary regulations explains the

temporary regulations.

Special Analyses

It has been determined that this notice

of proposed rulemaking 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, this notice of proposed

rulemaking will be submitted to the

Chief Counsel for Advocacy of the Small

Business Administration for comment

on its impact on small business.

Comments and Requests for a Public

Hearing

Before these proposed regulations are

adopted as final regulations,

consideration will be given to any

written comments (a signed original and

eight (8) copies) that are submitted

timely to the IRS. All comments will be

available for public inspection and

copying. A public hearing may be

scheduled if requested in writing by any

person that timely submits written

comments. If a public hearing is

scheduled, notice of the date, time, and

place for the hearing will be published

in the Federal Register.

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.

Proposed Amendments to the

Regulations

Accordingly, 26 CFR part 1 is

proposed to be amended as follows:

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 1.401(b)–1 is amended

by:

1. Revising paragraphs (b)(3), (c) and

(d)(1)(iv).

2. Adding paragraph (d)(1)(v).

The addition and revisions read as

follows:

§ 1.401(b)–1 Certain retroactive changes in

plan.

[The text of proposed paragraphs (b)(3),

(c), (d)(1)(iv) and (v) is the same as the

text of § 1.401(b)–1T(b)(3), (c), (d)(1) (iv)

and (v) published elsewhere in this

issue of the Federal Register.]

Michael P. Dolan,

Acting Commissioner of Internal Revenue.

[FR Doc. 97–20038 Filed 7–31–97; 8:45 am]

BILLING CODE 4830–01–U

DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311

Privacy Program

AGENCY: Office of the Secretary, DOD.

ACTION: Proposed rule.

SUMMARY: The Office of the Secretary of

Defense proposes to exempt a system of

records identified as DUSP 11, entitled

POW/Missing Personnel Office Files.

The exemption is needed to protect

information properly classified under

E.O. 12958, Classified National Security

Information.

DATES: Comments must be received no

later than September 30, 1997, to be

considered by the agency.

ADDRESSES: Send comments to the OSD

Privacy Act Officer, Washington

Headquarter Services, Correspondence

and Directives Division, Records

Management Division, 1155 Defense

Pentagon, Washington, DC 20301–1155.

FOR FURTHER INFORMATION CONTACT: Mr.

David Bosworth at (703) 695–0970.

SUPPLEMENTARY INFORMATION: Executive

Order 12866. It has been determined

that this Privacy Act proposed rule for

the Department of Defense does not

constitute ‘significant regulatory action’.

Analysis of the rule indicates that it

does not have an annual effect on the

economy of $100 million or more; does

not create a serious inconsistency or

otherwise interfere with an action taken

or planned by another agency; does not

materially alter the budgetary impact of

entitlements, grants, user fees, or loan

programs or the rights and obligations of

recipients thereof; does not raise novel

legal or policy issues arising out of legal

mandates, the President’s priorities, or

the principles set forth in Executive

Order 12866.

Regulatory Flexibility Act. It has been

determined that this Privacy Act

proposed rule for the Department of

Defense does not have significant

economic impact on a substantial

number of small entities because it is

concerned only with the administration

of Privacy Act systems of records within

the Department of Defense.

Paperwork Reduction Act. It has been

determined that this Privacy Act

proposed rule for the Department of

Defense imposes no information

requirements beyond the Department of

Defense and that the information

collected within the Department of

Defense is necessary and consistent

with 5 U.S.C. 552a, known as the

Privacy Act, and 44 U.S.C. Chapter 35.

List of Subjects in 32 CFR part 311

Privacy.

Accordingly, 32 CFR part 311 is

amended as follows:

1. The authority citation for 32 CFR

part 311 continues to read as follows:

Authority: Pub.L. 93–579, 88 Stat 1896 (5

U.S.C.552a).

2. Section 311.7, is amended by

adding paragraphs (c)(11)(i) through

(c)(11)(iii) to read as follows:

§ 311.7 Procedures for exemptions.

* * * * *

(c) * * *

(11) System identifier and name:

DUSP 11, POW/Missing Personnel

Office Files.

(i) Exemption: Information classified

under E.O. 12958, as implemented by

DoD 5200.1-R, may be exempt pursuant

to 5 U.S.C. 552a(k)(1).
41324 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Proposed Rules

(ii) Authority: 5 U.S.C. 552a(k)(1).

(iii) Reasons: From subsection 5

U.S.C. 552a(d) because granting access

to information that is properly classified

pursuant to E.O. 12958, as implemented

by DoD 5200.1-R, may cause damage to

the national security.

* * * * *

Dated: July 28, 1997.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense

[FR Doc. 97–20267 Filed 7–31–97; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–97–071]

RIN 2121–AA97

Safety Zone: New York Super Boat

Race, New York

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

establish a temporary safety zone in the

lower Hudson River, for the New York

Super Boat Race. The proposed safety

zone would restrict vessel traffic in the

Lower Hudson River between Battery

Park and Pier 76 in Manhattan.

DATES: Comments must be received on

or before September 2, 1997. The

temporary safety zone would be in effect

on Sunday, September 7, 1997, from 12

p.m. until 4 p.m.

ADDRESSES: Comments should be

mailed to Lieutenant Junior Grade Dave

Gefell, Waterways Oversight Branch,

Coast Guard Activities New York, 212

Coast Guard Drive, Staten Island, New

York 10305.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Junior Grade Dave Gefell,

Waterways Oversight Branch, Coast

Guard Activities New York, (718) 354–

4195.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages

interested persons to participate in this

rulemaking by submitting written data,

views, or arguments.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD01–97–071)

and the specific section of the proposal

to which their comments apply, and

give reasons for each comment. Persons

wanting acknowledgement of receipt of

comments should enclose a stamped,

self-addressed postcard or envelope.

The Coast Guard will consider all

comments received during the comment

period. It may change this proposal in

view of the comments. The Coast Guard

plans no public hearing; however,

persons may request a public hearing by

writing to the Waterways Oversight

Branch at the address under ADDRESSES.

If it is determined that the opportunity

for oral presentations will aid this

rulemaking, the Coast Guard will hold

a public hearing at a time and place

announced by a later notice in the

Federal Register.

Background and Purpose

Super Boat International Productions,

Inc. has submitted an Application for

Approval of Marine Event for a Super

Boat Race in the waters of the Lower

Hudson River. This regulation would

establish a temporary safety zone in the

waters of the Lower Hudson River south

of a line drawn from pier 76 in

Manhattan and a point in Weehawken,

New Jersey at 40°45′52′′N latitude,

074°01′01′′W longitude, and north of a

line connecting the following points:

Latitute Longitude

40°42′16.0′′ N 074°01′09.0′′ W, then south to

40°41′55.0′′ N 074°01′16.0′′ W, then west to

40°41′47.0′′ N 074°01′36.0′′ W, then northwest to

40°41′55.0′′ N 074°01′59.0′′ W, then to shore

at

40°42′20.5′′ N 074°02′06.0′′ W

The safety zone would be effective on

Sunday, September 7, 1997, from 12

p.m. until 4 p.m. This safety zone would

restrict vessel traffic in the Lower

Hudson River south of a line drawn

from Pier 76 in Manhattan to a point

located directly opposite on the New

Jersey shoreline and north of a line

drawn between Battery Park in

Manhattan and the southern most point

of Ellis Island in the Upper New York

Bay. This safety zone is needed to

protect mariners from the hazards

associated with a boat race in which the

participants transit at excessive speeds.

This event will include up to 40

powerboats, 24 to 50 feet in length,

racing on an 8 mile oval course at

speeds in excess of 100 mph. No more

than 100 spectator craft are expected for

the event.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

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

order. It has been exempted from review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (DOT) (44 FR 11040,

February 26, 1979). The Coast Guard

expects the economic impact of this

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10(e) of the regulatory policies and

procedures of DOT is unnecessary.

Although this regulation would prevent

traffic from transiting this area, the

effect of this regulation would not be

significant for several reasons: The

volume of commercial vessel traffic

transiting the Lower Hudson River on a

Sunday is less than half of the normal

daily traffic volume; pleasure craft

desiring to view the event will be

directed to designated spectator viewing

areas outside the safety zone; pleasure

craft can take an alternate route through

the East River and the Harlem River; the

duration of the event is limited to four

hours; the extensive advisories which

will be made to the affected maritime

community by Local Notice to Mariners,

Safety Voice Broadcast, and facsimile

notification.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601–612), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (21

U.S.C. 632).

For reasons set forth in the above

Regulatory Evaluation, the Coast Guard

expects the impact of this proposal to be

minimal. The Coast Guard certifies

under 5 U.S.C. 605(b) that this proposal

will not have a significant economic

impact on a substantial number of small

entities. If, however, you think that your

business or organization qualifies as a

small entity and that this rule will have

significant economic impact on your

business or organization, please submit

a comment explaining why you think it

qualifies and in what way and to what

degree this rule will economically affect

it.

Collection of Information

This proposal contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501–3520).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive