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
Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations 41275

vessel is scheduled to arrive in less than

two weeks.

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 10e of the

regulatory policies and procedures of

DOT is unnecessary. This conclusion is

based on the limited duration of the

moving security zone, the extensive

advisories that will be made to the

affected maritime community and the

minimal restrictions the regulations will

place on vessel traffic. These regulations

will be in effect for a total of

approximately four hours per port call

for the vessel.

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 (15

U.S.C. 632).

The Coast Guard certifies under 5

U.S.C. 605(b) that this rule would not

have a significant economic impact on

a substantial number of small entities

because of the short duration of the

disruption to regular navigation.

Collection of Information

These regulations contain no

collection of information requirements

sunder the Paperwork Reduction Act

(44 U.S.C. 3501–3520).

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

the proposed rulemaking does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this proposal

and has concluded under paragraph

2.B.2.e(34)(g) of Commandant

Instruction M16475.1B (as revised by 59

FR 38654, July 29, 1994), that this

proposal is categorically excluded from

further environmental documentation.

A Categorical Exclusion Determination

and Environmental Analysis Checklist

is available in the docket for inspection

or copying.

List of Subjects in 33 CFR Part 165

Harbors, Marine Safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Temporary Final Regulation

In consideration of the foregoing, the

Coast Guard amends Subpart C of Part

165 of Title 33, Code of Federal

Regulations, as follows:

PART 165—[AMENDED]

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

49 CFR 1.46 and 33 CFR 1.05–1(g), 6.04–1,

6.04–6, and 160.5.

2. A new section 165.T07–035 is

added to read as follows:

§ 165.T07–035 Security Zone: Port

Canaveral Entrance Channel, Port

Canaveral, FL.

(a) Regulated Area. A moving security

zone is established in the following

area:

(1) The waters around HMS Vigilant

when entering Port Canaveral in an area

200 yards in all directions, beginning at

the Port Canaveral Ship Channel,

Approach Channel Lighted Whistle

Buoy #3, (LLN 8640), position 28°31′50′′

N, 080°22′31′′ W and continues until the

vessel is safely moored at the Port

Canaveral East Turning Basin. All

coordinates referenced use datum: NAD

83.

(2) The waters around HMS Vigilant

when the vessel leaves her berth at the

Port Canaveral East Turning Basin in an

area 200 yards in all directions, until it

exits the Port Canaveral Ship Channel,

Approach Channel Lighted Whistle

Buoy #3, (LLN 8640), position

28°31′50′′N, 080°22′31′′W. All

coordinates referenced use datum: NAD

83.

(b) Regulations.

(1) No person or vessel may enter,

transit, or remain in the security zone

unless authorized by the Captain of the

Port, Jacksonville, Florida, or a Coast

Guard commissioned, warrant, or petty

officer designated by him.

(2) Vessels encountering emergencies

which require transit through the

moving security zone should contact the

security zone patrol craft on VHF

Channel 16. In the event of an

emergency, the security zone patrol craft

may authorize a vessel to transit through

the security zone with a designated

escort.

(3) All persons and vessels shall

comply with the instructions of onscene patrol personnel. On-scene patrol

personnel include commissioned,

warrant, or petty officers of the U.S.

Coast Guard. Coast Guard Auxiliary and

local or state law enforcement officials

may be present to inform vessel

operators of this regulation and other

applicable laws.

(c) Effective 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.

Dated: July 23, 1997.

Donald S. Lewis,

Captain, U.S. Coast Guard, Captain of the

Port, Jacksonville, FL.

[FR Doc. 97–20335 Filed 7–29–97; 4:37 pm]

BILLING CODE 4910–14–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[ME47–01–7002a; A–1–FRL–5867–8]

Approval and Promulgation of Air

Quality Implementation Plans; Maine;

(Hancock and Waldo Counties Ozone

Maintenance Plan Revision—Motor

Vehicle Emissions Budgets)

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a State

Implementation Plan (SIP) revision

submitted by the State of Maine. This

revision establishes explicit year 2006

motor vehicle emissions budgets

[Volatile Organic Compounds (VOC)

and Nitrogen Oxides (NOX)] for the

Hancock and Waldo counties ozone

maintenance area to be used in

determining transportation conformity.

This action is being taken in accordance

with the Clean Air Act (CAA or the Act).

DATES: This action will become effective

on September 30, 1997, unless EPA

receives adverse or critical comments by

September 2, 1997. If the effective date

is delayed, timely notice will be

published in the Federal Register.