19082 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

1996, Public Law 104–134, Title III,

section 31001(s)(1), 110 Stat. 1321–373,

and contained in sections 209(b),

502(c)(1) and 505 of ERISA, 29 U.S.C.

1059(b), 1132(c)(1) and 1135.

List of Subjects in CFR Part 2570

Administrative practice and

procedure, Employee benefit plans,

Employee Retirement Income Security

Act, Pensions, Pension and Welfare

Benefits Administration.

Proposed rule

In view of the foregoing, Part 2570 of

Chapter XXV of Title 29 of the Code of

Federal Regulations is proposed to be

amended as follows:

PART 2570—PROCEDURAL

REGULATIONS UNDER THE

EMPLOYEE RETIREMENT INCOME

SECURITY ACT

1. The authority citation for Part 2570

is revised to read as set forth below:

Authority: (5 U.S.C. 8477(c)(3);) 29 U.S.C.

1108, 1135; Reorganization Plan No. 4 of

1978; Secretary of Labor Order No. 1–87.

Subpart A is also issued under 29 U.S.C.

1132(c)(1).

Subpart E is also issued under sec. 4, Pub.

L. 101–410, 104 Stat. 890, (28 U.S.C. 2461

note), as amended by sec. 31001(s)(1), Pub.

L. 104–134, 110 Stat. 1321–373.

2. Part 2570 is amended by adding a

new Subpart E in the appropriate place

to read as follows:

PART 2570—PROCEDURAL

REGULATIONS UNDER THE

EMPLOYEE RETIREMENT INCOME

SECURITY ACT

* * * * *

Subpart E—Adjustment of Civil Penalties

Under ERISA Title I

§ 2570.100 In general.

§ 2570.209b–1 Adjusted civil penalty under

section 209(b).

§ 2570.502c–1 Adjusted civil penalty under

section 502(c)(1).

§ 2570.502c–2 Adjusted civil penalty under

section 502(c)(2).

§ 2570.502c–3 Adjusted civil penalty under

section 502(c)(3).

* * * * *

Subpart E—Adjustment of Civil

Penalties Under ERISA Title I

§ 2570.100 In general.

Section 3720E of the Debt Collection

Improvement Act of 1996 (the Act, Pub.

L. 104–134) amended the Federal Civil

Penalties Inflation Adjustment Act of

1990 (the 1990 Act, Pub. L. 101–410) to

require generally that the head of each

federal agency adjust the civil monetary

penalties subject to its jurisdiction for

inflation within 180 days after

enactment of the Act and at least once

every four years thereafter.

§ 2570.209b–1 Adjusted civil penalty under

section 209(b).

In accordance with the requirements

of the 1990 Act, as amended, the

amount of the civil monetary penalty

established by section 209(b) of the

Employee Retirement Income Security

Act of 1974, as amended (ERISA), is

hereby increased from $10 for each

employee to $11 for each employee.

This adjusted penalty applies only to

violations occurring after [insert date of

publication of the final rule in the

Federal Register].

§ 2570.502c–1 Adjusted civil penalty under

section 501(c)(1).

In accordance with the requirements

of the 1990 Act, as amended, the

maximum amount of the civil monetary

penalty established by section 502(c)(1)

of the Employee Retirement Income

Security Act of 1974, as amended

(ERISA), is hereby increased from $100

a day to $110 a day. This adjusted

penalty applies only to violations

occurring after [insert day of publication

of the final rule in the Federal Register].

§ 2570.502c–2 Adjusted civil penalty under

section 502(c)(2).

In accordance with the requirements

of the 1990 Act, as amended, the

maximum amount of the civil monetary

penalty established by section 502(c)(2)

of the Employee Retirement Income

Security Act of 1974, as amended

(ERISA), is hereby increased from $1000

a day to $1100 a day. This adjusted

penalty applies only to violations

occurring after [insert date of

publication of the final rule in the

Federal Register].

§ 2570.502c–3 Adjusted civil penalty under

section 502(c)(3).

In accordance with the requirements

of the 1990 Act, as amended, the

maximum amount of the civil monetary

penalty established by section 502(c)(3)

of the Employee Retirement Income

Security Act of 1974, as amended

(ERISA), is hereby increased from $100

a day to $110 a day. This adjusted

penalty applies only to violations

occurring after [insert date of

publication of the final rule in the

Federal Register].

Signed at Washington, DC this 11th day of

April, 1997.

Olena Berg,

Assistant Secretary, Pension and Welfare

Benefits Administration, U.S. Department of

Labor.

[FR Doc. 97–10078 Filed 4–17–97; 8:45 am]

BILLING CODE 4510–29–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 117

[CGD09–97–008]

RIN–2115–AE47

Drawbridge Operation Regulations;

Grand River, MI

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Coast Guard proposes to

revise the operating hours of the U.S.

Route 31 highway bridge at mile 2.9

over the Grand River in Grand Haven,

MI. The proposed changes would

reduce the number of bridge openings

for recreational vessels to relieve

vehicular traffic congestion and would

reduce the notice requirements for draw

openings during the winter months.

The Coast Guard requests comments

on the proposed revisions.

DATES: Comments must be received on

or before July 15, 1997.

ADDRESSES: Comments may be mailed

or delivered to: Commander (obr), Ninth

Coast Guard District, 1240 East Ninth

Street, Room 2019, Cleveland, OH

44199–2060 between 6:30 a.m. and 3:00

p.m., Monday through Friday, except

federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert Bloom, Chief, Bridge Branch

at (216) 902–6084.

SUPPLEMENTARY INFORMATION:

Drafting Information: The principal

persons involved in drafting this

document are Mr. Scot Striffler, Project

Manager, and Lieutenant Commander

Kent Booher, Project Counsel, Ninth

Coast Guard District.

Requests for Comments

The Coast Guard encourages

interested persons to submit written

data, or arguments for or against this

rule. Persons submitting comments

should include their name, address,

identify this rulemaking (CGD09–97–

008), the specific section of this rule to

which each comment applies, and the

reason(s) for each comment. The Coast

Guard requests that all comments and

attachments be submitted in an 81⁄2 ×

11′′ unbound format suitable for

copying and electronic filing. If that is

not practical, a second copy of any

bound material is requested. Persons

wanting acknowledgement of receipt of

comments should enclose a stamped

self-addressed post card or envelope.

Persons may submit comment by

writing to the Commander (obr), Ninth
Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules 19083

Coast Guard District listed under

ADDRESSES.

Background and Purpose

In July, 1996, the city of Grand Haven,

MI, requested the Coast Guard approve

a temporary deviation to the regulations

which govern the U.S. Route 31

highway bridge at mile 2.9 over the

Grand River in Grand Haven, MI. The

bridge presently opens on signal from 3

minutes before to 3 minutes after the

hour and half hour between 6:03 a.m.

and 9:03 p.m. The city sought to reduce

bridge openings to relieve vehicular

traffic congestion and still provide for

the needs of navigation, particularly

during rush-hour times. A trial schedule

was devised and the temporary

deviation was published in September,

1996. Under this schedule, the bridge

was required to open on signal for

recreational vessels, from 6 a.m. to 9

p.m., once an hour from 3 minutes

before to 3 minutes after the half-hour;

except the bridge was not required to

open for the passage of recreational

traffic at 7:30 a.m., 12:30 p.m., 4:30

p.m., or 5:30 p.m.

The Coast Guard received five letters

with comments from the public in

response. All comments were from

recreational vessel operators, or their

representatives, who opposed the

revised schedule. The primary

exception to the revised schedule

involved the ‘‘blackout’’ periods during

afternoon rush-hour when the bridge

was not required to open for vessel

traffic. Specifically, the 5:30 p.m.

blackout time on Wednesday interfered

with the scheduled activities of vessel

operators.

The City of Grand Haven City Council

conducted meetings on November 18,

1996, January 6, 1997, January 27, 1997,

and February 10, 1997 to collect input

from concerned parties and discuss

alternatives to the temporary schedule

used in 1996. Additionally, the cities of

Ferrysburg and Spring Lake conducted

similar public meetings to discuss the

issue. As a result of these joint meetings,

the three municipalities submitted a

request to the Coast Guard on February

11, 1997 for a permanent change to the

regulations and a new operating

schedule.

The combined efforts of the three

municipalities served on Grand River

has resulted in a proposed bridge

operating schedule that satisfies the

needs and desires of recreational vessel

operators on Grand River, relieves

vehicular traffic congestion, and

provides for the anticipated increase of

commercial vessel traffic in the area.

From March 16 to December 14, the

bridge will only be required to open for

recreational vessel traffic once an hour,

on the half-hour, 7 days a week, from

6:30 a.m. to 8:30 p.m., except the bridge

need not open at 7:30 a.m., 12:30 p.m.,

and 5:30 p.m. on Mondays, Tuesdays,

Thursdays, and Fridays. On

Wednesdays, the bridge need not open

at 7:30 a.m., 12:30 p.m., and 4:30 p.m.

This schedule will apply to recreational

vessel traffic only. The bridge will open

on signal for commercial vessel traffic.

Additionally, in anticipation of

increased commercial vessel traffic in

1997, the Coast Guard will reduce the

advance notice requirement, from 24

hours to 12 hours, for vessels requesting

an opening of the draw between

December 15 and March 15.

Regulatory Evaluation

This proposed rule 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 not been reviewed 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 proposed rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This proposed rule

was requested and drafted at the behest

of three communities on Grand River

and only after the aggressive solicitation

of input from recreational and

commercial entities in the area.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider the economic impact on

small entities of a rule for which a

general notice of proposed rulemaking

is required. ‘‘Small entities’’ may

include (1) small businesses and not-forprofit organizations that are

independently owned and operated and

are not dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000.

The concerns of boat operators, and

the facilities that provide services to

these marine users, have been

conscientiously applied by the

originators of this action. Furthermore,

this proposed rule has been designed to

balance the needs of the marine

servicing industry as well as entities

served along the highway route.

Therefore, the Coast Guard finds that

this proposed rule will not have a

significant economic impact on a

substantial number of small entities.

Any comments submitted in response to

this finding will be evaluated under the

criteria described earlier in the

preamble for comments.

Collection of Information

This rule contains no collection-ofinformation requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

rule under the principles and criteria

contained in Executive Order 12612 and

has determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Environment

The Coast Guard considered the

environmental impact of this rule and

concluded that, under paragraph 2.B.2

of Commandant Instruction M16475.1B,

(as revised by 59 FR 38654, July 29,

1994), this rule is categorically excluded

from further environmental

documentation. A ‘‘Categorical

Exclusion Determination’’ is available in

the docket for inspection or copying

where indicated under ADDRESSES.

List of Subjects in 33 CFR Part 117

Bridges.

For reasons set out in the preamble,

33 CFR part 117 is proposed to be

amended as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for Part 117

continues to read as follows.

Authority: 33 U.S.C. 499; 49 CFR 1.46; 33

CFR 1.05(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section § 117.633 is amended by

revising paragraphs (b) and (c) to read

as follows:

§ 117.633 Grand River.

* * * * *

(b) The draw of the CSX

Transportation Corp. railroad bridge,

mile 2.8 at Grand Haven, shall open on

signal; except that, from December 15

through March 15, the draw shall open

on signal if at least 12 hours notice is

given.

(c) The draw of the U.S. Route 31

bridge, mile 2.9 at Grand Haven, shall

open on signal for pleasure craft—

(1) From March 16 through December

14, from 6:30 a.m. to 8:30 p.m., seven

days a week, once an hour, on the halfhour; except the draw need not open for

pleasure craft at 7:30 a.m., 12:30 p.m.,
19084 Federal Register / Vol. 62, No. 75 / Friday, April 18, 1997 / Proposed Rules

1The Access Board is an independent Federal

agency established by section 502 of the

Rehabilitation Act (29 U.S.C. 792) whose primary

mission is to promote accessibility for individuals

with disabilities. The Access Board consists of 25

members. Thirteen are appointed by the President

from among the public, a majority of who are

required to be individuals with disabilities. The

other twelve are heads of the following Federal

agencies or their designees whose positions are

Executive Level IV or above: The Departments of

Health and Human Services, Education,

Transportation, Housing and Urban Development,

Labor, Interior, Defense, Justice, Veterans Affairs,

and Commerce; General Services Administration;

and the United States Postal Service.

The Americans with Disabilities Act (42 U.S.C.

12101 et seq.) is a comprehensive civil rights law

which prohibits discrimination on the basis of

disability and requires, among other things, that

newly constructed and altered State and local

government facilities, places of public

accommodation, and commercial facilities be

readily accessible to and usable by individuals with

disabilities.

The Architectural Barriers Act (42 U.S.C. 4151 et

seq.) requires that certain federally financed

facilities be readily accessible to and usable by

individuals with disabilities.

and 5:30 p.m. on Monday, Tuesday,

Thursday, and Friday, and at 7:30 a.m.,

12:30 p.m., and 4:30 p.m. on

Wednesday.

(2) From December 15 through March

15, if at least 12 hours notice is given.

* * * * *

Dated: April 9, 1997.

G. F. Woolever

Rear Admiral, U.S. Coast Guard Commander,

Ninth Coast Guard District.

[FR Doc. 97–9887 Filed 4–17–97; 8:45 am]

BILLING CODE 4910–14–M

ARCHITECTURAL AND

TRANSPORTATION BARRIERS

COMPLIANCE BOARD

36 CFR Parts 1190 and 1191

Accessibility Guidelines for Outdoor

Developed Areas

AGENCY: Architectural and

Transportation Barriers Compliance

Board.

ACTION: Notice of intent to form a

regulatory negotiation committee.

SUMMARY: The Architectural and

Transportation Barriers Compliance

Board (Access Board) proposes to

establish a regulatory negotiation

committee to develop a proposed rule

on accessibility guidelines for newly

constructed and altered outdoor

developed areas covered by the

Americans with Disabilities Act and the

Architectural Barriers Act. The

regulatory negotiation committee will be

composed of organizations who

represent the interests affected by the

accessibility guidelines for outdoor

developed areas. The Access Board

invites comments on the proposal to

establish the regulatory negotiation

committee and the proposed committee

membership.

DATES: Comments should be received by

May 19, 1997.

ADDRESSES: Comments should be sent to

the Office of Technical and Information

Services, Architectural and

Transportation Barriers Compliance

Board, 1331 F Street, NW., suite 1000,

Washington, DC 20004–1111. Fax

number (202) 272–5447.

FOR FURTHER INFORMATION CONTACT:

Peggy Greenwell, Office of Technical

and Information Services, Architectural

and Transportation Barriers Compliance

Board, 1331 F Street, NW., suite 1000,

Washington, DC 20004–1111.

Telephone number (202) 272–5434

extension 34 (Voice); (202) 272–5449

(TTY). This document is available in

alternate formats (cassette tape, Braille,

large print, or computer disk) upon

request. This document is also available

on the Board’s Internet site (http://

www.accessboard.gov/notices/

outdoor.htm).

SUPPLEMENTARY INFORMATION: The

Architectural and Transportation

Barriers Compliance Board (Access

Board) is responsible for developing

accessibility guidelines under the

Americans with Disabilities Act and the

Architectural Barriers Act to ensure that

new construction and alterations of

facilities covered by the laws are readily

accessible to and usable by individuals

with disabilities.1

In July 1993, the Access Board

established a Recreation Access

Advisory Committee to examine various

types of recreation facilities and make

recommendations for accessibility

guidelines for the facilities. The

Committee presented its

recommendations to the Access Board

in July 1994. The recommendations

addressed six types of recreation

facilities: sports facilities; places of

amusement; play facilities; golf

facilities; boating and fishing facilities;

and outdoor developed areas. The

Access Board published an advance

notice of proposed rulemaking

(ANPRM) in September 1994 inviting

public comment on the Committee’s

recommendations. 59 FR 48542

(September 21, 1994). Comments

received in response to the ANPRM

generally supported the Committee’s

recommendations.

Based on the recommendations of the

Recreation Access Advisory Committee

and through comments received in

response to the ANPRM, the Board has

sufficient information to proceed with a

proposed rule to address access to

sports facilities; places of amusement;

golf facilities; and boating and fishing

facilities. However, the Board has

identified two areas where there is a

lack of consensus. These two areas are

play facilities such as playgrounds and

similar facilities found in schools and

day care centers; and outdoor developed

areas such as parks, trails, camping

facilities, picnic areas, and beaches. The

Board will use regulatory negotiation

committees to reach consensus in both

of these areas. In February 1996 the

Board established a regulatory

negotiation committee on access to play

facilities. The Committee is expected to

issue a report to the Board in July 1997.

The Board now is turning its attention

to the remaining issues affecting

outdoor developed areas. The

Recreation Access Advisory Committee

provided recommendations for

accessibility requirements based upon

the premise that there is a spectrum of

recreation settings that occur in the

outdoor environment. The

recommendations identified four

different environments that exist in

outdoor areas. The areas include the

highly developed or urban; the

moderately developed or natural; the

minimally developed or back-country;

and the undeveloped or primitive area.

To accommodate the highly,

moderately, and minimally developed

sites, three degrees of accessibility,

(easier, moderate, and difficult) were

recommended which correlate with the

amount of site modification and

development as well as the natural

environment and rugged terrain. The

Committee recommended that no

requirements apply in the primitive

environment.

Two alternatives were presented to

determine the highest degree of

accessibility. One alternative based the

determination of highest degree of

access on the consideration of five

interrelated factors: recreation setting,

condition of the natural environment,

amount of structural modification,

recreation experience, and consultation

with people with disabilities. The other

approach, defines the highest degree of

access at the outset to be the easier

degree for all recreation settings and

environments unless it would change

the fundamental nature of the activity or

environment. Exceptions can then be

invoked to modify the degree of access,

on a requirement by requirement basis,

because of severe elevations, geologic

features, historic character, or the

specific purpose of a trail.

Documentation for the exception must

include evidence that people with