Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 23139 

contributions intended to satisfy the 

requirements of paragraph (c) of this 

section for a plan year will not fail to 

satisfy the requirements of section 

401(m)(2) merely because the plan is 

amended during the plan year to reduce 

or suspend safe harbor matching 

contributions on future elective 

deferrals and, if applicable, employee 

contributions provided that— 

(A) All eligible employees are 

provided the supplemental notice in 

accordance with paragraph (h)(2) of this 

section; 

(B) The reduction or suspension of 

safe harbor matching contributions is 

effective no earlier than the later of 30 

days after eligible employees are 

provided the supplemental notice 

described in paragraph (h)(2) of this 

section and the date the amendment is 

adopted; 

(C) Eligible employees are given a 

reasonable opportunity (including a 

reasonable period after receipt of the 

supplemental notice) prior to the 

reduction or suspension of safe harbor 

matching contributions to change their 

cash or deferred elections and, if 

applicable, their employee contribution 

elections; 

(D) The plan is amended to provide 

that the ACP test will be satisfied for the 

entire plan year in which the reduction 

or suspension occurs using the current 

year testing method described in 

§ 1.401(m)–2(a)(2)(ii); and 

(E) The plan satisfies the requirements 

of this section (other than this paragraph 

(h)) with respect to amounts deferred 

through the effective date of the 

amendment. 

(ii) Nonelective contributions. A plan 

that provides for safe harbor nonelective 

contributions intended to satisfy the 

requirements of paragraph (b) of this 

section will not fail to satisfy the 

requirements of section 401(m)(2) for 

the plan year merely because the plan 

is amended during the plan year to 

reduce or suspend safe harbor 

nonelective contributions provided 

that— 

(A) The employer incurs a substantial 

business hardship (comparable to a 

substantial business hardship described 

in section 412(c)); 

(B) The amendment is adopted after 

May 18, 2009; 

(C) All eligible employees are 

provided the supplemental notice in 

accordance with paragraph (h)(2) of this 

section; 

(D) The reduction or suspension of 

safe harbor nonelective contributions is 

effective no earlier than the later of 30 

days after eligible employees are 

provided the supplemental notice 

described in paragraph (h)(2) of this 

section and the date the amendment is 

adopted; 

(E) Eligible employees are given a 

reasonable opportunity (including a 

reasonable period after receipt of the 

supplemental notice) prior to the 

reduction or suspension of nonelective 

contributions to change their cash or 

deferred elections and, if applicable, 

their employee contribution elections; 

(F) The plan is amended to provide 

that the ACP test will be satisfied for the 

entire plan year in which the reduction 

or suspension occurs using the current 

year testing method described in 

§ 1.401(m)–2(a)(2)(ii); and 

(G) The plan satisfies the 

requirements of this section (other than 

this paragraph (h)) with respect to safe 

harbor compensation paid through the 

effective date of the amendment. 

(2) Supplemental notice. The 

supplemental notice requirement of this 

paragraph (h)(2) is satisfied if each 

eligible employee is given a notice that 

satisfies the requirements of § 1.401(k)– 

3(g)(2). 

Linda E. Stiff, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. E9–11481 Filed 5–15–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2008–1017] 

RIN 1625–AA11 

Regulated Navigation Areas; Bars 

Along the Coasts of Oregon and 

Washington 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of third public meeting; 

request for comments. 

SUMMARY: In response to requests 

received, the Coast Guard announces a 

third public meeting, to be held on June 

2, 2009, to receive comments on the 

notice of proposed rulemaking entitled 

‘‘Regulated Navigation Areas; Bars 

Along the Coasts of Oregon and 

Washington’’ that was published in the 

Federal Register on February 12, 2009 

(74 FR 7022). 

As stated in the notice of proposed 

rulemaking, the Coast Guard proposes to 

establish Regulated Navigation Areas 

(RNA) covering specific bars along the 

coasts of Oregon and Washington that 

will include procedures for restricting 

and/or closing those bars as well as 

additional safety requirements for 

recreational and small commercial 

vessels operating in the RNAs. The 

RNAs are necessary to help ensure the 

safety of the persons and vessels 

operating in those hazardous bar areas. 

The RNAs will do so by establishing 

clear procedures for restricting and/or 

closing the bars and mandating 

additional safety requirements for 

recreational and small commercial 

vessels operating in the RNAs when 

certain conditions exist. 

DATES: The public meeting for the 

proposed rule will be held in Coos Bay, 

Oregon, on Tuesday, June 2, 2009, from 

6 p.m. to 9 p.m. in order to provide an 

opportunity for oral comments. Written 

comments and related material may also 

be submitted to Coast Guard personnel 

specified at that meeting. 

The comment period for the proposed 

rule will close on June 30, 2009. All 

comments and related material must be 

received by the Coast Guard on or before 

June 30, 2009. 

ADDRESSES: The public meeting in Coos 

Bay, OR will be held at The Red Lion 

Hotel, 1313 N. Bayshore Drive, Coos 

Bay, OR 97420, telephone 541–267– 

4141. 

You may submit written comments 

identified by docket number USCG– 

2008–1017 before or after the meeting 

using any one of the following methods: 

(1) Federal eRulemaking 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. Our online 

docket for this rulemaking is available 

on the Internet at http:// 

www.regulations.gov under docket 

number USCG–2008–1017. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions concerning the 

meeting or the proposed rule, please call 

or e-mail LCDR Emily Saddler, 

Thirteenth Coast Guard District, 

Prevention Division, Inspections and 

Investigations Branch; telephone 206– 

220–7210, e-mail 

Emily.C.Saddler@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Ms. Renee V. 


cprice-sewell on PRODPC61 with PROPOSALS
23140 Federal Register / Vol. 74, No. 94 / Monday, May 18, 2009 / Proposed Rules 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

We published a notice of proposed 

rulemaking (NPRM) in the Federal 

Register on February 12, 2009 (74 FR 

7022), entitled ‘‘Regulated Navigation 

Areas; Bars Along the Coasts of Oregon 

and Washington.’’ In it we stated that 

we did not plan to hold a public 

meeting, but that we welcomed requests 

explaining why one would be beneficial 

(74 FR 7023). We received several such 

requests and have already held two 

public meetings in Astoria and 

Newport, Oregon (74 FR 16814, Apr. 13, 

2009). Due to several requests for a 

meeting in southern Oregon we have 

concluded that a third public meeting 

would aid this rulemaking. Therefore, 

we are publishing this notice. 

In the NPRM, we proposed to 

establish Regulated Navigation Areas 

(RNA) covering specific bars along the 

coasts of Oregon and Washington that 

will include procedures for restricting 

and/or closing those bars as well as 

additional safety requirements for 

recreational and small commercial 

vessels operating in the RNAs. The 

RNAs are necessary to help ensure the 

safety of the persons and vessels 

operating in those hazardous bar areas. 

The RNAs will do so by establishing 

clear procedures for restricting and/or 

closing the bars and mandating 

additional safety requirements for 

recreational and small commercial 

vessels operating in the RNAs when 

certain conditions exist. On May 8, 2009 

(74 FR 21564), we published a notice 

reopening the public comment period to 

June 30, 2009. 

You may view the NPRM in our 

online docket, in addition to supporting 

documents prepared by the Coast 

Guard, including an ‘‘Environmental 

Analysis Checklist’’, RNA Fact Sheets 

for recreational, passenger, and 

commercial fishing vessels, and 

comments submitted thus far by going 

to http://www.regulations.gov. Once 

there, select the Advanced Docket 

Search option on the right side of the 

screen, insert USCG–2008–1017 in the 

Docket ID box, press Enter, and then 

click on the item in the Docket ID 

column. 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; or the Thirteenth Coast Guard 

District, Prevention Division, 

Inspections and Investigations Branch 

in Room 3506 on the 35th floor of the 

Jackson Federal Building, 915 Second 

Avenue, Seattle, WA 98174, between 8 

a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. We 

have an agreement with the Department 

of Transportation to use the Docket 

Management Facility. 

We encourage you to participate in 

this rulemaking by submitting 

comments either orally at the meeting or 

in writing. If you bring written 

comments to the meeting, you may 

submit them to Coast Guard personnel 

specified at the meeting to receive 

written comments. These comments 

will be submitted to the online public 

docket. All comments received will be 

posted without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Comments submitted after the 

meeting must reach the Coast Guard on 

or before June 30, 2009. 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. 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008 issue of the 

Federal Register (73 FR 3316). 

Information on Service for Individuals 

With Disabilities 

For information on facilities or 

services for individuals with disabilities 

or to request special assistance at the 

public meeting, contact LCDR Emily 

Saddler at the telephone number or email address indicated under the FOR

FURTHER INFORMATION CONTACT section of 

this notice. 

Public Meeting 

The Coast Guard will hold a public 

meeting regarding its ‘‘Regulated 

Navigation Areas; Bars Along the Coasts 

of Oregon and Washington’’ proposed 

rule on Tuesday, June 2, 2009, from 6 

p.m. to 9 p.m., at The Red Lion Hotel, 

1313 N. Bayshore Drive, Coos Bay, OR 

97420, telephone 541–267–4141. 

We plan to have an official transcript 

of the meeting prepared and will make 

that transcript available through a link 

in the online docket. 

Dated: May 7, 2009. 

J.P. Currier, 

Rear Admiral, U.S. Coast Guard, Commander, 

Thirteenth Coast Guard District. 

[FR Doc. E9–11564 Filed 5–15–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2008–0020; Internal 

Agency Docket No. FEMA–B–1040] 

Proposed Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Proposed rule. 

SUMMARY: Comments are requested on 

the proposed Base (1% annual-chance) 

Flood Elevations (BFEs) and proposed 

BFE modifications for the communities 

listed in the table below. The purpose 

of this notice is to seek general 

information and comment regarding the 

proposed regulatory flood elevations for 

the reach described by the downstream 

and upstream locations in the table 

below. The BFEs and modified BFEs are 

a part of the floodplain management 

measures that the community is 

required either to adopt or show 

evidence of having in effect in order to 

qualify or remain qualified for 

participation in the National Flood 

Insurance Program (NFIP). In addition, 

these elevations, once finalized, will be 

used by insurance agents, and others to 

calculate appropriate flood insurance 

premium rates for new buildings and 

the contents in those buildings. 

DATES: Comments are to be submitted 

on or before August 17, 2009. 

ADDRESSES: The corresponding 

preliminary Flood Insurance Rate Map 

(FIRM) for the proposed BFEs for each 

community are available for inspection 

at the community’s map repository. The 

respective addresses are listed in the 

table below. 

You may submit comments, identified 

by Docket No. FEMA–B–1040, to 

William R. Blanton, Jr., Chief, 

Engineering Management Branch, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–3151, or (e-mail) 

bill.blanton@dhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Chief, 


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