18172 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 

1 Division O of the Consolidated and Further 

Continuing Appropriations Act, 2015, Public Law 

No. 113–235, enacted December 16, 2014. 

of § 1.45G–1T published elsewhere in 

this issue of the Federal Register]. 

■ Par. 4. Section 1.280C–4 is amended 

to read as follows. 

§ 1.280C–4. Credit for increasing research 

activities. 

[The text of the amendments to this 

proposed section is the same as the text 

of § 1.280C–4T published elsewhere in 

this issue of the Federal Register]. 

John M. Dalrymple, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2015–07380 Filed 4–2–15; 8:45 am] 

BILLING CODE 4830–01–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4000, 4041A, and 4281 

RIN 1212–AB28 

Multiemployer Plans; Electronic Filing 

Requirements 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Proposed rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (PBGC) is proposing to 

amend its regulations to require 

electronic filing of certain 

multiemployer notices. These changes 

would make the provision of 

information to PBGC more efficient and 

effective. 

DATES: Comments must be submitted on 

or before June 2, 2015. 

ADDRESSES: Comments, identified by 

Regulation Identifier Number (RIN) 

1212–AB28, may be submitted by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the Web 

site instructions for submitting 

comments. 

• Email: reg.comments@pbgc.gov. 

• Fax: 202–326–4112. 

• Mail or Hand Delivery: Regulatory 

Affairs Group, Office of the General 

Counsel, Pension Benefit Guaranty 

Corporation, 1200 K Street NW., 

Washington, DC 20005–4026. 

All submissions must include the 

Regulation Identifier Number for this 

rulemaking (RIN 1212–AB28). 

Comments received, including personal 

information provided, will be posted to 

www.pbgc.gov. Copies of comments may 

also be obtained by writing to 

Disclosure Division, Office of the 

General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street 

NW., Washington DC 20005–4026, or 

calling 202–326–4040 during normal 

business hours. (TTY and TDD users 

may call the Federal relay service tollfree at 1–800–877–8339 and ask to be 

connected to 202–326–4040.) 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion (klion.catherine@

pbgc.gov), Assistant General Counsel for 

Regulatory Affairs, or Donald McCabe 

(mccabe.donald@pbgc.gov), Attorney, 

Office of the General Counsel, Pension 

Benefit Guaranty Corporation, 1200 K 

Street NW., Washington, DC 20005– 

4026; 202–326–4024. (TTY/TDD users 

may call the Federal relay service tollfree at 1–800–877–8339 and ask to be 

connected to 202–326–4024.) 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose of the Regulatory Action 

This proposed rule is part of PBGC’s 

ongoing implementation of the 

Government Paperwork Elimination Act 

and is consistent with the Office of 

Management and Budget’s directive to 

remove regulatory impediments to 

electronic transactions. The proposal 

builds in flexibility to allow PBGC to 

update the electronic filing process as 

technology advances. 

PBGC’s legal authority for this 

regulatory action comes from section 

4002(b)(3) of the Employee Retirement 

Income Security Act of 1974 (ERISA), 

which authorizes PBGC to issue 

regulations to carry out the purposes of 

title IV of ERISA; section 4041A(f)(2), 

which gives PBGC authority to prescribe 

reporting requirements for terminated 

plans; section 4245(e)(4), which 

authorizes PBGC to issue regulations on 

notices related to insolvency and 

resource benefit levels; and section 

4281(d), which directs PBGC to 

prescribe by regulation the notice 

requirements to plan participants and 

beneficiaries in the event of a benefit 

suspension under an insolvent plan. 

This proposed rule does not involve 

any conforming amendments reflecting 

the Multiemployer Pension Reform Act 

of 2014 (MPRA).1 PBGC expects to 

address such changes in a future 

rulemaking. 

Major Provisions of the Regulatory 

Action 

This proposed rule would require the 

following notices to be filed 

electronically with PBGC: notices of 

termination under part 4041A, notices 

of insolvency and of insolvency benefit 

level under parts 4245 and 4281, and 

applications for financial assistance 

under part 4281. 

Background 

The Pension Benefit Guaranty 

Corporation (PBGC) is a federal 

corporation created under the Employee 

Retirement Income Security Act of 1974 

(ERISA) to guarantee the payment of 

pension benefits earned by more than 41 

million American workers and retirees 

in nearly 24,000 private-sector defined 

benefit pension plans. PBGC 

administers two insurance programs— 

one for single-employer defined benefit 

pension plans and a second for 

multiemployer defined benefit pension 

plans. 

The multiemployer program protects 

benefits of approximately 10 million 

workers and retirees in approximately 

1,400 plans. A multiemployer plan is a 

collectively bargained pension 

arrangement involving two or more 

unrelated employers, usually in a 

common industry such as construction 

or trucking, where workers move from 

employer to employer on a regular basis. 

Under PBGC’s multiemployer program, 

when a plan becomes insolvent, PBGC 

provides financial assistance directly to 

the insolvent plan sufficient to pay 

guaranteed benefits to participants and 

beneficiaries, and the reasonable and 

necessary administrative expenses of 

the insolvent plan. 

Multiemployer Plan Notices 

ERISA section 4041A provides for two 

types of multiemployer plan 

terminations: mass withdrawal and plan 

amendment. A mass withdrawal 

termination occurs when all employers 

withdraw or cease to be obligated to 

contribute to the plan. A plan 

amendment termination occurs when 

the plan adopts an amendment that 

provides that participants will receive 

no credit for service with any employer 

after a specified date, or an amendment 

that makes it no longer a covered plan. 

Unlike terminated single-employer 

plans, terminated multiemployer plans 

generally continue to pay all vested 

benefits out of existing plan assets and 

withdrawal liability payments. PBGC’s 

regulation on Termination of 

Multiemployer Plans (29 CFR part 

4041A) implements these provisions, 

among other things by requiring the 

plan sponsor of a terminated 

multiemployer plan to file with PBGC a 

notice of termination containing basic 

information necessary to alert PBGC to 

possible demands on the multiemployer 

insurance program. 

ERISA section 4245(e) requires two 

types of notice: 

• Notice of insolvency, which states a 

plan sponsor’s determination that the 

plan is or may become insolvent. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18173 

• Notice of insolvency benefit level, 

which states the level of benefits that 

will be paid during an insolvency year. 

Section 4245(e)(4) provides that these 

notices are to be given in accordance 

with rules promulgated by PBGC. 

PBGC’s regulation on Notice of 

Insolvency, 29 CFR part 4245, 

establishes the procedure for complying 

with these notice requirements. The 

regulation allows a single notice of 

insolvency to cover more than one plan 

year, thereby generally permitting plan 

sponsors to file only a single notice (a 

notice of insolvency benefit level) for 

any future year. The regulation also 

prescribes, among other things, the 

manner in which the notices must be 

given. The recipients of these notices 

include PBGC, in addition to other 

parties. 

PBGC’s regulation on Duties of Plan 

Sponsor Following Mass Withdrawal 

(29 CFR part 4281) implements the 

requirements of ERISA section 4281. 

The regulation prescribes rules under 

which plan sponsors must: 

• Provide notices to PBGC and to 

participants and beneficiaries that a 

plan is, or will be, insolvent (§§ 4281.43 

and 4281.44). 

• Provide notices of insolvency 

benefit level to PBGC and to 

participants and beneficiaries who are 

in pay status or may reasonably be 

expected to enter pay status during the 

year (§§ 4281.45 and 4281.46). 

• Submit an application to PBGC for 

financial assistance if a plan is, or will 

be, unable to pay guaranteed benefits 

when due (§ 4281.47). 

Mandatory Electronic Filing 

Section 4000.3 of PBGC’s regulation 

on Filing, Issuance, Computation of 

Time, and Record Retention (29 CFR 

part 4000) already requires electronic 

filing of premium declarations under 

part 4007 (Payment of Premiums) and 

information required under part 4010 

(Annual Financial and Actuarial 

Information Reporting). 

Proposed Regulatory Changes 

PBGC is proposing to require 

electronic filing of the following 

multiemployer plan filings: 

• Notices of termination under part 

4041A. 

• Notices of insolvency and of 

insolvency benefit level under part 

4245. 

• Notices of insolvency and of 

insolvency benefit level under part 4281 

(following mass withdrawal). 

• Applications for financial 

assistance under part 4281 (following 

mass withdrawal). 

PBGC would grant case-by-case 

exemptions to the electronic filing 

requirement in appropriate 

circumstances for filers that 

demonstrate good cause for exemption. 

PBGC believes that requiring electronic 

filing for these notices would result in 

benefits for both the public and the 

government. 

Electronic filing would simplify the 

filing process for the public by building 

in all required and optional fields and 

including readily accessible guidance in 

the application. This is expected to 

reduce the need to contact PBGC for 

assistance. PBGC estimates that the 

amendments in the proposed rule 

would result in a total savings in 

administrative burdens for the public of 

25 percent (about 22 hours and $99,000 

annually). 

Electronic filing would also result in 

greater efficiencies for the government. 

Currently, documents submitted by 

filers need to be manually uploaded to 

electronic depositories. With electronic 

filing, those documents would be 

automatically uploaded. Electronic 

filing would also save the government 

time by reducing the need to provide 

assistance to filers. It would also 

improve the government’s 

recordkeeping, records retrieval, and 

records archiving process by eliminating 

the possibility of missing or lost paper 

files due to human error. 

Moreover, the PBGC expects 

electronic filing will improve the 

government’s ability to protect potential 

personally identifiable information (PII), 

or otherwise sensitive information, 

since only pre-approved personnel will 

have access to PBGC’s electronic records 

systems, and limited access will be 

approved for officials of pension plans. 

PBGC is not proposing at this time to 

require electronic filing of notices of 

benefit reduction and of restoration of 

benefits under part 4281. PBGC may in 

the future require that other 

multiemployer filings also be made 

electronically. 

Applicability 

The amendments to all these 

regulations would be applicable for 

filings made on or after January 1, 2016. 

Compliance With Rulemaking 

Requirements 

Executive Order 12866 ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563 ‘‘Improving Regulation and 

Regulatory Review’’ 

PBGC has determined in consultation 

with the Office of Management and 

Budget that this rule is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866. Executive Orders 12866 

and 13563 direct agencies to assess all 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

Under Section 3(f)(1) of Executive 

Order 12866, a regulatory action is 

economically significant if ‘‘it is likely 

to result in a rule that may . . . [h]ave 

an annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities.’’ PBGC 

has determined that this proposed rule 

does not cross the $100 million 

threshold for economic significance and 

is not otherwise economically 

significant (see discussion above). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

imposes certain requirements with 

respect to rules that are subject to the 

notice and comment requirements of 

section 553(b) of the Administrative 

Procedure Act and that are likely to 

have a significant economic impact on 

a substantial number of small entities. 

Unless an agency determines that a 

proposed rule is not likely to have a 

significant economic impact on a 

substantial number of small entities, 

section 603 of the Regulatory Flexibility 

Act requires that the agency present an 

initial regulatory flexibility analysis at 

the time of the publication of the 

proposed rule describing the impact of 

the rule on small entities and seeking 

public comment on such impact. Small 

entities include small businesses, 

organizations and governmental 

jurisdictions. 

For purposes of the Regulatory 

Flexibility Act requirements with 

respect to this proposed rule, PBGC 

considers a small entity to be a plan 

with fewer than 100 participants. This 

is the same criterion PBGC uses in other 

aspects of its regulations involving 

small plans, and is consistent with 

certain requirements in Title I of ERISA 

and the Internal Revenue Code, as well 

as the definition of a small entity that 

the Department of Labor (DOL) has used 

for purposes of the Regulatory 

Flexibility Act. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
18174 Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 

2According to data from 2012 5500 filings, only 

32 of 1,407 active plans have fewer than 100 

participants. Further, PBGC is not aware of a 

multiemployer plan that was established and 

covered by ERISA that was not initially a large plan. 

Generally it is only after a plan terminates and 

employers withdraw from the plan that a plan 

might reduce in size to fewer than 100 participants. 

Thus, PBGC believes that assessing 

the impact of the proposal on small 

plans is an appropriate substitute for 

evaluating the effect on small entities. 

The definition of small entity 

considered appropriate for this purpose 

differs, however, from a definition of 

small business based on size standards 

promulgated by the Small Business 

Administration (13 § CFR 121.201) 

pursuant to the Small Business Act. 

PBGC therefore requests comments on 

the appropriateness of the size standard 

used in evaluating the impact on small 

entities of the proposed amendments to 

the reportable events regulation. 

On the basis of its proposed definition 

of small entity, PBGC certifies under 

section 605(b) of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) that 

the amendments in this rule would not 

have a significant economic impact on 

a substantial number of small entities. 

Very few multiemployer plans are 

small.2 And, as discussed above, the 

amendments would not have a 

significant economic impact on entities 

of any size. Accordingly, as provided in 

section 605 of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.), sections 603 

and 604 would not apply. PBGC invites 

public comment on this burden 

estimate. 

Paperwork Reduction Act 

PBGC is submitting the information 

requirements under this proposed rule 

to the Office of Management and Budget 

(OMB) for review and approval under 

the Paperwork Reduction Act. An 

agency may not conduct or sponsor, and 

a person is not required to respond to, 

a collection of information unless it 

displays a currently valid OMB control 

number. 

The collection of information in Part 

4041A is approved under control 

number 1212–0020 (expires June 30, 

2017). PBGC estimates that there will be 

10 respondents each year and that the 

total annual burden of the collection of 

information will be about 17 hours and 

$3,850.00 (about 2 hours and $385 per 

respondent). 

The collection of information in Part 

4245 is approved under control number 

1212–0033 (expires June 30, 2017). 

PBGC estimates that there will be one 

respondent each year and that the total 

annual burden of the collection of 

information will be about $1,550. 

The collection of information in Part 

4281 is approved under control number 

1212–0032 (expires July 31, 2017). 

PBGC estimates that there will be 324 

respondents each year and that the total 

annual burden of the collection of 

information will be about 61 hours and 

$309,000 (about $950 per respondent). 

Copies of PBGC’s requests will be 

posted at http://www.pbgc.gov/res/lawsand-regulations/informationcollections-under-omb-review.html and 

may also be obtained free of charge by 

contacting the Disclosure Division of the 

Office of the General Counsel of PBGC, 

1200 K Street NW., Washington, DC 

20005, 202–326–4040. PBGC is 

proposing to make changes for the 

following information collections: 

notices of termination; notices of 

insolvency; notices of insolvency 

benefit level; and applications for 

financial assistance. 

Comments on the paperwork 

provisions under this proposed rule 

should be sent to the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Attention: Desk Officer for Pension 

Benefit Guaranty Corporation, via 

electronic mail at OIRA_DOCKET@

omb.eop.gov or by fax to (202) 395– 

6974. Although comments may be 

submitted through June 2, 2015, the 

Office of Management and Budget 

requests that comments be received on 

or before May 4, 2015 to ensure their 

consideration. Comments may address 

(among other things)— 

• Whether each proposed collection 

of information is needed for the proper 

performance of PBGC’s functions and 

will have practical utility; 

• The accuracy of PBGC’s estimate of 

the burden of each proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

• Enhancement of the quality, utility, 

and clarity of the information to be 

collected; and 

• Minimizing the burden of each 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

List of Subjects 

29 CFR Part 4000 

Pension insurance, Pensions, 

Reporting and recordkeeping 

requirements. 

29 CFR Part 4041A 

Employee benefit plans, Pension 

insurance, Reporting and recordkeeping 

requirements. 

29 CFR Part 4281 

Employee benefit plans, Pension 

insurance, Reporting and recordkeeping 

requirements. 

For the reasons given above, the PBGC 

is proposing to amend 29 CFR parts 

4000, 4041A, and 4281 as follows. 

PART 4000—FILING, ISSUANCE, 

COMPUTATION OF TIME, AND 

RECORD RETENTION 

■ 1. The authority citation for part 4000 

continues to read as follows: 

Authority: 29 U.S.C. 1082(f), 1302(b)(3). 

■ 2. In § 4000.3, add paragraph (b)(3) to 

read as follows: 

§ 4000.3 What methods of filing may I use? 

* * * * * 

(b) * * * 

(3) When making filings to PBGC 

under parts 4041A, 4245, and 4281 of 

this chapter (except for notices of 

benefit reductions and notices of 

restoration of benefits under part 4281), 

you must submit the information 

required under these parts electronically 

in accordance with the instructions on 

the PBGC’s Web site, except as 

otherwise provided by the PBGC. 

* * * * * 

PART 4041A—TERMINATION OF 

MULTIEMPLOYER PLANS 

■ 3. The authority citation for part 

4041A continues to read as follows: 

Authority: 29 U.S.C. 1302(b)(3), 1341a, 

1441. 

■ 4. In § 4041A.11, add new paragraph 

(d) to read as follows: 

§ 4041A.11 Requirement of notice. 

(d) How and where to file. Filings to 

PBGC under this subpart must be 

submitted in accordance with the rules 

in subpart A of part 4000 of this chapter. 

See § 4000.4 of this chapter for 

information on where to file. 

§ 4041A.25 [Amended] 

■ 5. In § 4041A.25, amend paragraph (d) 

by removing the words ‘‘of the PBGC’’ 

and adding in their place ‘‘to the 

PBGC’’. 

PART 4281—DUTIES OF PLAN 

SPONSOR FOLLOWING MASS 

WITHDRAWAL 

■ 6. The authority citation for part 4281 

continues to read as follows: 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 64 / Friday, April 3, 2015 / Proposed Rules 18175 

Authority: 29 U.S.C. 1302(b)(3), 1341a, 

1399(c)(1)(D) and 1441. 

■ 7. In § 4281.3, revise paragraph (b) to 

read as follows: 

§ 4281.3 Filing and issuance rules. 

* * * * * 

(b) Method of issuance. For rules on 

method of issuance to interested parties, 

see § 4281.32(c) for notices of benefit 

reductions, § 4281.43(e) for notices of 

insolvency, and § 4281.45(c) for notices 

of insolvency benefit level. 

* * * * * 

■ 8. In § 4281.43, revise paragraph (a) to 

read as follows: 

§ 4281.43 Notices of insolvency. 

(a) Requirement of notices of 

insolvency. A plan sponsor that 

determines that the plan is, or is 

expected to be, insolvent for a plan year 

shall file with the PBGC and issue to 

plan participants and beneficiaries 

notices of insolvency. Once notices of 

insolvency have been filed with the 

PBGC and issued to plan participants 

and beneficiaries, no notice of 

insolvency needs to be issued for 

subsequent insolvency years. Notices 

shall be delivered in the manner and 

within the time prescribed in this 

section and shall contain the 

information described in § 4281.44. 

* * * * * 

■ 9. In § 4281.47, revise paragraph (b) to 

read as follows: 

§ 4281.47 Application for financial 

assistance. 

* * * * * 

(b) When, how, and where to apply. 

When the plan sponsor determines a 

resource benefit level that is less than 

guaranteed benefits, it shall apply for 

financial assistance at the same time 

that it submits its notice of insolvency 

benefit level pursuant to § 4281.45. 

When the plan sponsor determines an 

inability to pay guaranteed benefits for 

any month, it shall apply for financial 

assistance within 15 days after making 

that determination. Application to the 

PBGC for financial assistance shall be 

made in accordance with the rules in 

subpart A of part 4000 of this chapter. 

See § 4000.4 of this chapter for 

information on where to apply. 

* * * * * 

Issued in Washington, DC, this 30th day of 

March 2015. 

Judith R. Starr, 

General Counsel, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2015–07602 Filed 4–2–15; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 110 

[Docket Number USCG–2014–0991] 

RIN 1625–AA01 

Anchorage Grounds; Lower 

Mississippi River Below Baton Rouge, 

LA, Including South and Southwest 

Passes; New Orleans, LA 

AGENCY: Coast Guard, DHS. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: The Coast Guard is 

considering amending the regulations 

for Cedar Grove Anchorage and 

establishing two new anchorages, Point 

Michele Anchorage and Plaquemines 

Point Anchorage on the Lower 

Mississippi River (LMR), Above Head of 

Passes (AHP). These actions are being 

considered to increase the available 

anchorage areas in this section of the 

river necessary to accommodate vessel 

traffic and improve navigation safety for 

vessels transiting this area, providing for 

the overall safe and efficient flow of 

vessel traffic and commerce. The Coast 

Guard is seeking comments and 

information about what form the 

proposed amendment and new 

regulations should take and the actual 

need for them. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before June 2, 2015. Requests for a 

public meeting must be received on or 

before April 20, 2015. 

ADDRESSES: Documents mentioned in 

this preamble are part of Docket Number 

USCG–2014–0991. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Open Docket 

Folder’’ on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may submit comments, identified 

by docket number, using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: (202) 493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Commander (LCDR) 

Christopher Tuckey, Waterways 

Management, District Eight, U.S. Coast 

Guard; telephone (504) 671–2112, email 

Christopher.B.Tuckey@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Cheryl F. 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

AHP Above Head of Passes 

CFR Code of Federal Regulation 

DHS Department of Homeland Security 

FR Federal Register 

LMR Lower Mississippi River 

LWRP Low Water Reference Point 

MNSA Maritime Navigation Safety 

Association 

NPRM Notice of Proposed Rulemaking 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking, indicate the specific section 

of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

You may submit your comments and 

material online at http://

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS