5460 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules 

respect to each of those portions of the 

accrued benefit are treated as two separate 

optional forms of benefit for purposes of 

applying the provisions of Plan E 

implementing the requirements of section 

417(e)(3) and § 1.417(e)–1(d). Therefore, 

whether a participant elects to receive a 

single sum payment of the portion of the 

benefit earned under the cash balance 

formula does not affect whether the 

distribution elected with respect to the 

portion of the benefit earned as of December 

31, 2012, is subject to the minimum present 

value requirements of section 417(e)(3). 

Example 5. (i) The facts are the same as 

in Example 4, except that Plan E also permits 

a participant to elect, with respect to the cash 

balance portion of the benefit, to receive a 

percentage of the accrued benefit chosen by 

the participant as a single sum and the 

remainder in any annuity form provided 

under the plan, with both portions of the 

payment determined by multiplying the 

amount that would be payable if the entire 

benefit were paid in that form by the 

percentage that applies to that distribution 

option. Plan E provides that, with respect to 

such a distribution that is paid partly in the 

form of a single sum and partly in the form 

of an annuity, the single sum and the annuity 

are treated as two separate optional forms of 

benefit for purposes of applying the 

provisions of the plan implementing the 

requirements of section 417(e)(3) and 

§ 1.417(e)–1(d). Participant X retires at age 

65, with an accrued benefit under the 

traditional formula of $500 per month 

(earned as of December 31, 2012), and a cash 

balance hypothetical account of $45,000. 

Based on Plan E’s actuarial equivalence 

factors, Participant X’s accrued benefit 

derived from the cash balance hypothetical 

account is $320 per month, payable as a life 

annuity at normal retirement. Participant V 

elects to receive $15,000 of the current 

hypothetical account balance in the form of 

a single sum and to receive the remainder of 

the total accrued benefit as a life annuity. 

(ii) Under the analysis set forth in Example 

4, Plan E provides for a bifurcated accrued 

benefit in accordance with paragraph 

(d)(7)(C) of this section with respect to the 

portion of the accrued benefit attributable to 

the benefit accrued as of December 31, 2012, 

and the portion of the accrued benefit 

attributable to the benefit earned under the 

cash balance formula. Furthermore, Plan E 

provides that the two different distribution 

options selected with respect to each of those 

portions of the accrued benefit are treated as 

two separate optional forms of benefit for 

purposes of applying the provisions of Plan 

E implementing the requirements of section 

417(e)(3) and § 1.417(e)–1(d). Thus, a 

separate distribution option may be chosen 

for each of these two portions, and section 

417(e)(3) applies separately to each portion. 

(iii) In accordance with paragraphs 

(d)(7)(ii)(B) and (d)(7)(iv) of this section, the 

portion of the accrued benefit under Plan E 

earned under the cash balance formula is also 

a bifurcated accrued benefit because Plan E 

provides for a participant to select a singlesum distribution with respect to a portion of 

the cash balance formula accrued benefit and 

an annuity distribution option with respect 

to the remaining portion of the cash balance 

formula accrued benefit, each distribution 

option is available with respect to the entire 

cash balance formula accrued benefit, and 

the amount of the distribution with respect 

to each distribution option applied to its 

respective portion of the cash balance 

formula accrued benefit is the pro rata 

portion of the amount of the distribution that 

would be determined if that distribution 

option had been applied to the entire cash 

balance formula accrued benefit. 

Furthermore, Plan E provides that the two 

different distribution options selected with 

respect to each of those portions of the cash 

balance formula accrued benefit are treated 

as two separate optional forms of benefit for 

purposes of applying the provisions of Plan 

E implementing the requirements of section 

417(e)(3) and § 1.417(e)–1(d). Thus, under 

paragraph (d)(7)(iv) of this section, 1⁄3 of the 

cash balance hypothetical account is paid as 

a single sum (that is, $15,000 ÷ $45,000), and 

the remaining 2⁄3 of the cash balance 

hypothetical account, or $30,000, is 

converted to an annuity benefit of 2⁄3 × $320, 

or $213.33 per month. 

(iv) Participant X therefore receives a 

single sum payment of $15,000, representing 

the portion of the current hypothetical 

account balance that X elected to receive as 

a single sum. In addition, Participant X 

receives a monthly life annuity of $713.33 

per month (equal to the $500 benefit 

attributable to the benefit earned as of 

December 31, 2012, plus the $213.33 portion 

of the cash balance benefit paid as an 

annuity). Participant X’s election to receive a 

single sum payment of part of the benefit 

earned under the cash balance formula does 

not affect whether the remainder of 

Participant X’s distribution is subject to the 

minimum present value requirements of 

section 417(e)(3). 

(8) Effective/applicability date—(i) In 

general. Except as otherwise provided 

in this paragraph (d)(8), this paragraph 

(d) applies to distributions with annuity 

starting dates in plan years beginning on 

or after January 1, 1995. 

* * * * * 

(v) Paragraph (d)(7) of this section 

applies to distributions with annuity 

starting dates in plan years beginning on 

or after the date final regulations that 

finalize these proposed regulations are 

published in the Federal Register. 

* * * * * 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2012–2341 Filed 2–2–12; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 478 

[Docket No. ATF 32P; AG Order No. 3321– 

2012] 

RIN 1140–AA38 

Federal Firearms License 

Proceedings—Hearings (2008R–15P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Justice is 

proposing to amend the regulations of 

the Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF) 

regarding administrative hearings held 

as part of firearms license proceedings. 

This proposed rule clarifies that such 

hearings are held in an informal setting 

and that persons requesting a hearing 

will be afforded the opportunity to 

submit facts, arguments, offers of 

settlement, or proposals of adjustment 

for review and consideration. The 

proposed regulations are intended to 

ensure that federal firearms licensees 

and persons applying for a federal 

firearms license are familiar with the 

hearing process relative to the denial, 

suspension, or revocation of a firearms 

license, or imposition of a civil fine. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before May 3, 

2012. Commenters should be aware that 

the electronic Federal Docket 

Management System will not accept 

comments after Midnight Eastern Time 

on the last day of the comment period. 

ADDRESSES: Send comments to any of 

the following addresses— 

• Deborah G. Szczenski, Industry 

Operations Specialist (Regulations), 

Mailstop 6N–602, Enforcement 

Programs and Services, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives, 99 New York Avenue NE., 

Washington, DC 20226; Attn: ATF 32P. 

Written comments must appear in a 

minimum 12-point size of type (.17 

inches), include your mailing address, 

be signed, and may be of any length. 

• (202) 648–9741 (facsimile). 

• http://www.regulations.gov. Federal 

eRulemaking portal; follow the 

instructions for submitting comments. 

You may also view an electronic 

version of this proposed rule at the 

http://www.regulations.gov site. 

See the Public Participation section at 

the end of the SUPPLEMENTARY

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Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules 5461 

INFORMATION section for instructions and 

requirements for submitting comments, 

and for information on how to request 

a public hearing. 

FOR FURTHER INFORMATION CONTACT: 

Deborah G. Szczenski, Enforcement 

Programs and Services, Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives, U.S. Department of Justice, 

99 New York Avenue NE., Washington, 

DC 20226; telephone: (202) 648–7087. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Attorney General is responsible 

for enforcing the provisions of the Gun 

Control Act of 1968 (‘‘the Act’’), 18 

U.S.C. Chapter 44. He has delegated that 

responsibility to the Director of ATF, 

subject to the direction of the Attorney 

General and the Deputy Attorney 

General. 28 CFR 0.130(a). ATF has 

promulgated regulations that implement 

the provisions of the Act in 27 CFR Part 

478. 

The regulations in Subpart E of Part 

478, sections 478.71–478.78, relate to 

proceedings involving federal firearms 

licenses, including the denial, 

suspension, or revocation of a license, 

or the imposition of a civil fine. In 

particular, § 478.71 provides that the 

Director of ATF may issue a notice of 

denial on ATF Form 4498 (Notice of 

Denial of Application for License) to an 

applicant for a license if he has reason 

to believe that the applicant is not 

qualified, under the provisions of 

§ 478.47, to receive a license. The notice 

sets forth the matters of fact and law 

relied upon in determining that the 

application should be denied, and 

affords the applicant 15 days from the 

date of receipt of the notice in which to 

request a hearing to review the denial. 

If a request for a hearing is not filed 

within such time, the application is 

disapproved and a copy, so marked, is 

returned to the applicant. 

Under § 478.72, an applicant who has 

been denied an original or renewal 

license may file a request with the 

Director of Industry Operations (DIO) 

for a hearing to review the denial of the 

application. On conclusion of the 

hearing and after consideration of all 

relevant facts and circumstances 

presented by the applicant or his 

representative, the Director (or his or 

her delegate) renders a decision 

confirming or reversing the denial of the 

application. If the decision is that the 

denial should stand, a certified copy of 

the Director’s findings and conclusions 

are furnished to the applicant with a 

final notice of denial, ATF Form 4501 

(now ATF Form 5300.13), Final Notice 

of Denial of Application or Revocation 

of Firearms License. In addition, a copy 

of the application, marked 

‘‘Disapproved,’’ is furnished to the 

applicant. If the decision is that the 

license applied for should be issued, the 

applicant will be so notified, in writing, 

and the license will be issued. 

Section 478.73 provides that 

whenever the Director has reason to 

believe that a firearms licensee has 

willfully violated any provision of the 

Act or part 478, a notice of revocation 

of the license (ATF Form 4500) may be 

issued. In addition, a notice of 

revocation, suspension, or imposition of 

a civil fine may be issued on ATF Form 

4500 whenever the Director has reason 

to believe that a licensee has knowingly 

transferred a firearm to an unlicensed 

person and knowingly failed to comply 

with the requirements of 18 U.S.C. 

922(t)(1), relating to a NICS (National 

Instant Criminal Background Check 

System) background check. 

Additionally, under 18 U.S.C. 

924(p)(1)(A) and 922 (z), a notice of 

suspension or revocation of a license, or 

the imposition of a civil penalty, may be 

issued when a licensee sells, delivers, or 

transfers any handgun to any unlicensed 

person without providing a secure gun 

storage or safety device for the handgun. 

As specified in § 478.74, a licensee 

who receives a notice of license 

suspension or revocation of a license, or 

imposition of a civil fine, may file a 

request for a hearing with the Director 

of Industry Operations. On conclusion 

of the hearing and after consideration of 

all the relevant information presented at 

the hearing, the Director renders a 

decision and prepares a brief summary 

of the findings and conclusions on 

which the decision was based. If the 

decision is that the license should be 

revoked or, in actions under 18 U.S.C. 

922(t)(5) (or 924(p)), that the license 

should be revoked or suspended, or that 

a civil fine should be imposed, a 

certified copy of the summary is 

furnished to the licensee with the final 

notice of revocation, suspension, or 

imposition of a civil fine on ATF Form 

4501. If the decision is that the license 

should not be revoked, or in actions 

under 18 U.S.C. 922(t)(5) (or 924(p)), 

that the license should not be revoked 

or suspended, and a civil fine should 

not be imposed, the licensee will be 

notified in writing. 

Under § 478.76, a firearms licensee or 

an applicant for a firearms license may 

be represented at a hearing by an 

attorney, certified public accountant, or 

other person recognized to practice 

before ATF, provided certain 

requirements are met. The Director may 

be represented in hearing proceedings 

by an attorney in the Office of Chief 

Counsel or authorized Division Counsel. 

Pursuant to § 478.77, hearings 

concerning notification of license 

denials, suspensions, revocations, or the 

imposition of a civil fine must be held 

in a location convenient to the aggrieved 

party. 

Currently, ATF has procedures 

regarding administrative hearings held 

as part of firearms license proceedings 

(see ATF 36N, 75 FR 48362, Aug. 10, 

2010). 

II. Proposed Rule—Clarification of 

Hearing Proceedings 

As indicated above, the regulations 

provide certain information regarding 

hearings relative to firearms license 

proceedings, e.g., who can request a 

hearing, where the hearing is held, and 

that the person requesting a hearing is 

entitled to representation. ATF believes 

that other aspects of the hearing process 

should be clarified in the regulations. 

For example, hearings are informal in 

nature and adherence to civil court rules 

and procedures is not required. In 

addition, persons who request a hearing 

have an opportunity at that time for the 

submission and consideration of facts, 

arguments, offers of settlement, or 

proposals of adjustment. These 

provisions are being incorporated into 

the proposed regulations. 

The proposed regulations are 

intended to ensure that federal firearms 

licensees and applicants for a federal 

firearms license are familiar with the 

hearing process relative to the denial, 

suspension, or revocation of a firearms 

license, or imposition of a civil fine. 

How This Document Complies With the 

Federal Administrative Requirements 

for Rulemaking 

A. Executive Order 12866 

This proposed rule has been drafted 

and reviewed in accordance with 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ section 1(b), 

Principles of Regulation. The 

Department of Justice has determined 

that this proposed rule is a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f), Regulatory 

Planning and Review, and accordingly 

this proposed rule has been reviewed by 

the Office of Management and Budget. 

However, this proposed rule will not 

have an annual effect on the economy 

of $100 million, nor will it 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. 

Accordingly, this proposed rule is not 

an ‘‘economically significant’’ 

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5462 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules 

rulemaking as defined by Executive 

Order 12866. 

The proposed amendments merely 

clarify that an administrative hearing, 

pursuant to a firearms license 

proceeding, is held in an informal 

setting where a federal firearms licensee 

or an applicant for a federal firearms 

license will have the opportunity for the 

submission and consideration of facts, 

arguments, offers of settlement or 

proposals of adjustment for review and 

consideration by the Director of ATF. 

B. Executive Order 13132 

This proposed regulation will not 

have substantial direct effects on the 

States, on the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, the Attorney General has 

determined that this proposed 

regulation will not have sufficient 

federalism implications to warrant the 

preparation of a federalism summary 

impact statement. 

C. Executive Order 12988 

This proposed regulation meets the 

applicable standards set forth in 

sections 3(a) and 3(b)(2) of Executive 

Order 12988. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 605(b)) requires an agency to 

conduct a regulatory flexibility analysis 

of any rule subject to notice and 

comment rulemaking requirements 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Small entities include small 

businesses, small not-for-profit 

enterprises, and small governmental 

jurisdictions. The Attorney General has 

reviewed this proposed rule and, by 

approving it, certifies that this proposed 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The proposed 

amendments merely clarify that an 

administrative hearing, pursuant to a 

firearms license proceeding, is held in 

an informal setting where a federal 

firearms licensee or an applicant for a 

federal firearms license will have the 

opportunity for the submission and 

consideration of facts, arguments, offers 

of settlement, or proposals of 

adjustment for consideration by the 

Director of ATF. 

E. Small Business Regulatory 

Enforcement Fairness Act of 1996 

This proposed rule is not a major rule 

as defined by section 251 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 5 U.S.C. 804. This 

proposed rule will not result in an 

annual effect on the economy of $100 

million or more; a major increase in 

costs or prices; or significant adverse 

effects on competition, employment, 

investment, productivity, innovation, or 

on the ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets. 

F. Unfunded Mandates Reform Act of 

1995 

This proposed rule will not result in 

the expenditure by State, local, and 

tribal governments, in the aggregate, or 

by the private sector of $100 million or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

G. Paperwork Reduction Act 

This proposed rule does not impose 

any new reporting or recordkeeping 

requirements under the Paperwork 

Reduction Act. 

Public Participation 

A. Comments Sought 

ATF is requesting comments on the 

proposed rule from all interested 

persons. ATF is also specifically 

requesting comments on the clarity of 

this proposed rule and how it may be 

made easier to understand. 

All comments must reference this 

document docket number (ATF 32P), be 

legible, and include your name and 

mailing address. ATF will treat all 

comments as originals and will not 

acknowledge receipt of comments. 

Comments received on or before the 

closing date will be carefully 

considered. Comments received after 

that date will be given the same 

consideration if it is practical to do so, 

but assurance of consideration cannot 

be given except as to comments received 

on or before the closing date. 

B. Confidentiality 

Comments, whether submitted 

electronically or on paper, will be made 

available for public viewing at ATF, and 

on the Internet as part of the 

eRulemaking initiative, and are subject 

to the Freedom of Information Act. 

Commenters who do not want their 

name or other personal identifying 

information posted on the Internet 

should submit their comment by mail or 

facsimile, along with a separate cover 

sheet that contains their personal 

identifying information. Both the cover 

sheet and comment must reference this 

docket number. Information contained 

in the cover sheet will not be posted on 

the Internet. Any personal identifying 

information that appears within the 

comment will be posted on the Internet 

and will not be redacted by ATF. 

Any material that the commenter 

considers to be inappropriate for 

disclosure to the public should not be 

included in the comment. Any person 

submitting a comment shall specifically 

designate that portion (if any) of his 

comments that contains material that is 

confidential under law (e.g., trade 

secrets, processes, etc.). Any portion of 

a comment that is confidential under 

law shall be set forth on pages separate 

from the balance of the comment and 

shall be prominently marked 

‘‘confidential’’ at the top of each page. 

Confidential information will be 

included in the rulemaking record but 

will not be disclosed to the public. Any 

comments containing material that is 

not confidential under law may be 

disclosed to the public. In any event, the 

name of the person submitting a 

comment is not exempt from disclosure. 

C. Submitting Comments 

Comments may be submitted in any of 

three ways: 

• Mail: Send written comments to the 

address listed in the ADDRESSES section 

of this document. Written comments 

must appear in a minimum 12-point 

size of type (.17 inches), include your 

mailing address, be signed, and may be 

of any length. 

• Facsimile: You may submit 

comments by facsimile transmission to 

(202) 648–9741. Faxed comments must: 

(1) Be legible and appear in a 

minimum 12-point size of type (.17 

inches); 

(2) Be on 81⁄2′′ x 11′′ paper; 

(3) Contain a legible, written 

signature; and 

(4) Be no more than five pages long. 

ATF will not accept faxed comments 

that exceed five pages. 

• Federal eRulemaking Portal: To 

submit comments to ATF via the 

Federal eRulemaking portal, visit 

http://www.regulations.gov and follow 

the instructions for submitting 

comments. 

D. Request for Hearing 

Any interested person who desires an 

opportunity to comment orally at a 

public hearing should submit his or her 

request, in writing, to the Director of 

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Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Proposed Rules 5463 

ATF within the 90-day comment period. 

The Director, however, reserves the 

right to determine, in light of all 

circumstances, whether a public hearing 

is necessary. 

Disclosure 

Copies of this proposed rule and the 

comments received will be available for 

public inspection by appointment 

during normal business hours at: ATF 

Reading Room, Room 1E–062, 99 New 

York Avenue NE., Washington, DC 

20226; telephone: (202) 648–8740. 

Drafting Information 

The author of this document is 

Deborah G. Szczenski; Enforcement 

Programs and Services; Bureau of 

Alcohol, Tobacco, Firearms, and 

Explosives. 

List of Subjects in 27 CFR Part 478 

Administrative practice and 

procedure, Arms and ammunition, 

Authority delegations, Customs duties 

and inspection, Domestic violence, 

Exports, Imports, Law enforcement 

personnel, Military personnel, 

Nonimmigrant aliens, Penalties, 

Reporting and recordkeeping 

requirements, Research, Seizures and 

forfeitures, and Transportation. 

Authority and Issuance 

Accordingly, for the reasons 

discussed in the preamble, 27 CFR Part 

478 is proposed to be amended as 

follows: 

PART 478—COMMERCE IN FIREARMS 

AND AMMUNITION 

1. The authority citation for 27 CFR 

Part 478 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 18 U.S.C. 847, 

921–930; 44 U.S.C. 3504(h). 

2. Section 478.72 is amended by 

adding a new fifth sentence to read as 

follows: 

§ 478.72 Hearing after application denial. 

* * * The hearing shall be informal 

and the applicant will have the 

opportunity to submit facts, arguments, 

offers of settlement, or proposals of 

adjustment for review and 

consideration. * * * 

3. Section 478.74 is amended by 

adding a new fourth sentence to read as 

follows: 

§ 478.74 Request for hearing after notice 

of suspension, revocation, or imposition of 

civil fine. 

* * * The hearing shall be informal 

and the licensee will have the 

opportunity to submit facts, arguments, 

offers of settlement, or proposals of 

adjustment for review and 

consideration. * * * 

Dated: January 30, 2012. 

Eric H. Holder, Jr., 

Attorney General. 

[FR Doc. 2012–2492 Filed 2–2–12; 8:45 am] 

BILLING CODE 4410–FY–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 and 165 

[Docket No. USCG–2011–1026] 

RIN 1625–AA08; AA00 

Safety Zones; Annually Recurring 

Marine Events in Coast Guard 

Southeastern New England Captain of 

the Port Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

amend special local regulations and to 

establish permanent safety zones in 

Coast Guard Southeastern New England 

Captain of the Port (COTP) Zone for 

annually recurring marine events. When 

these safety zones are activated, and 

subject to enforcement, this rule may 

restrict vessels from portions of water 

areas during annual events listed in the 

TABLE below that may pose a hazard to 

public safety. The revised safety zones 

would expedite public notification of 

events, remove extraneous and 

discontinued marine events, add new 

annually recurring marine events, and 

ensure the protection of the maritime 

public and event participants from the 

hazards associated with marine regattas, 

firework displays, swim competitions, 

and other marine events. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 3, 2012. Requests for 

public meetings must be received by the 

Coast Guard on or before February 24, 

2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2011–1026 using any one of the 

following methods: 

(1) Federal e-Rulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: (202) 493–2251. 

(3) Mail: 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. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is (202) 366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Mr. Edward G. 

LeBlanc, Waterways Management 

Division at Coast Guard Sector 

Southeastern New England, telephone 

(401) 435–2351, email 

Edward.G.LeBlanc@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

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. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2011–1026), 

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 (via 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 via http:// 

www.regulations.gov, 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 Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

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