82 FR 5477 - Definitions of Qualified Matching Contributions and Qualified Nonelective Contributions
DEPARTMENT OF THE TREASURY
Internal Revenue Service Federal Register Volume 82, Issue 11 (January 18, 2017)
Internal Revenue Service
Federal Register Volume 82, Issue 11 (January 18, 2017)
| Page Range | 5477-5480 | |
| FR Document | 2017-00876 |
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)] [Proposed Rules] [Pages 5477-5480] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00876] ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG-131643-15] RIN-1545-BN05 Definitions of Qualified Matching Contributions and Qualified Nonelective Contributions AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: This document contains proposed amendments to the definitions of qualified matching contributions (QMACs) and qualified nonelective contributions (QNECs) under regulations relating to certain qualified retirement plans that contain cash or deferred arrangements under section 401(k) or that provide for matching contributions or employee contributions under section 401(m). Under these regulations, employer contributions to a plan would be able to qualify as QMACs or QNECs if they satisfy applicable nonforfeitability and distribution requirements at the time they are allocated to participants' accounts, but need not meet these requirements when they are contributed to the plan. These regulations would affect participants in, beneficiaries of, employers maintaining, and administrators of tax-qualified plans that contain cash or deferred arrangements or provide for matching contributions or employee contributions. DATES: Comments and requests for a public hearing must be received by April 18, 2017. ADDRESSES: Send submissions to CC:PA:LPD:PR (REG-131643-15) Room 5203, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG- 131643-15), Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC 20224, or sent electronically via the Federal eRulemaking Portal at [[Page 5478]] www.regulations.gov (IRS REG-131643-15). FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, Rosemary Y. Oluwo at (202) 317-6060; concerning submissions of comments or to request a hearing, Regina Johnson at (202) 317-6901 (not toll- free numbers). SUPPLEMENTARY INFORMATION: Background Section 401(k)(1) provides that a profit-sharing or stock bonus plan, a pre-ERISA money purchase plan, or a rural cooperative plan shall not be considered as failing to satisfy the requirements of section 401(a) merely because the plan includes a qualified cash or deferred arrangement (CODA). To be considered a qualified CODA, a plan must satisfy several requirements, including: (i) Under section 401(k)(2)(B), amounts held by the plan's trust that are attributable to employer contributions made pursuant to an employee's election must satisfy certain distribution requirements; (ii) under section 401(k)(2)(C), an employees' right to such employer contributions must be nonforfeitable; and (iii) under section 401(k)(3), such employer contributions must satisfy certain nondiscrimination requirements. Under section 401(k)(3)(D)(ii), the employer contributions taken into account for purposes of applying the nondiscrimination requirements may, under such rules as the Secretary may provide and at the election of the employer, include, in addition to contributions made pursuant to an employee's election, matching contributions that meet the distribution and nonforfeitability requirements of section 401(k)(2)(B) and (C) and qualified nonelective contributions within the meaning of section 401(m)(4)(C). Under section 401(m)(4)(C), a qualified nonelective contribution is an employer contribution, other than a matching contribution, with respect to which the distribution and nonforfeitability requirements of section 401(k)(2)(B) and (C) are met. Under Sec. 1.401(k)-1(b)(1)(ii), a CODA satisfies the applicable nondiscrimination requirements if it satisfies the actual deferral percentage (ADP) test of section 401(k)(3), described in Sec. 1.401(k)-2. The ADP test limits the degree of disparity permitted between the percentage of compensation made as employer contributions to the plan for a plan year on behalf of eligible highly compensated employees and the percentage of compensation made as employer contributions on behalf of eligible nonhighly compensated employees. If the ADP test limits are exceeded, the employer must take corrective action to ensure that the limits are met. In determining the amount of employer contributions made on behalf of an eligible employee, employers are allowed to take into account certain qualified matching contributions (QMACs) and qualified nonelective contributions (QNECs) made on behalf of the employee by the employer. In lieu of applying the ADP test, an employer may choose to design its plan to satisfy an ADP safe harbor, including the ADP safe harbor provisions of section 401(k)(12), described in Sec. 1.401(k)-3. Under Sec. 1.401(k)-3, a plan satisfies the ADP safe harbor provisions of section 401(k)(12) if, among other things, it satisfies certain contribution requirements. With respect to the safe harbor under section 401(k)(12), an employer may choose to satisfy the contribution requirement by providing a certain level of QMACs or QNECs to eligible nonhighly compensated employees under the plan. A defined contribution plan that provides for matching or employee after-tax contributions must satisfy the nondiscrimination requirements under section 401(m) with respect to those contributions for any plan year. Under Sec. 1.401(m)-1(b)(1), the matching contributions and employee contributions under a plan satisfy the nondiscrimination requirements for a plan year if the plan satisfies the actual contribution percentage (ACP) test of section 401(m)(2) described in Sec. 1.401(m)-2. The ACP test limits the degree of disparity permitted between the percentage of compensation made as matching contributions and after-tax employee contributions for or by eligible highly compensated employees under the plan and the percentage of compensation made as matching contributions and after-tax employee contributions for or by eligible nonhighly compensated employees under the plan. If the ACP test limits are exceeded, the employer must take corrective action to ensure that the limits are met. In determining the amount of employer contributions made on behalf of an eligible employee, employers are allowed to take into account certain QNECs made on behalf of the employee by the employer. Employers must also take into account QMACs made on behalf of the employee by the employer unless an exclusion applies (including an exclusion for QMACs that are taken into account under the ADP test). If an employer designs its plan to satisfy the ADP safe harbor of section 401(k)(12), it may avoid performing the ACP test with respect to matching contributions under the plan, as long as the additional requirements of the ACP safe harbor of section 401(m)(11) are met. Under Sec. 1.401(k)-6, QMACs and QNECs are matching contributions and employer contributions (other than elective or matching contributions) that satisfy the nonforfeitability requirements of Sec. 1.401(k)-1(c) and the distribution requirements of Sec. 1.401(k)-1(d) ``when they are contributed to the plan.'' Similarly, Sec. 1.401(m)-5 includes independent definitions of QMACs and QNECs, which are matching contributions and employer contributions (other than elective or matching contributions) that satisfy the nonforfeitability and distribution requirements of Sec. 1.401(k)-1(c) and (d) ``at the time the contribution is made.'' The Treasury Department and the IRS have received comments with respect to the definitions of QMACs and QNECs in Sec. Sec. 1.401(k)-6 and 1.401(m)-5. In particular, commenters assert that employer contributions should be able to qualify as QMACs and QNECs as long as they satisfy applicable nonforfeitability and distribution requirements at the time they are allocated to participants' accounts, rather than when they are first contributed to the plan. Commenters contend that interpreting sections 401(k)(3)(D)(ii) and 401(m)(4)(C) to require satisfaction of applicable nonforfeitability and distribution requirements at the time amounts are first contributed to the plan would preclude plan sponsors with plans that permit the use of amounts in plan forfeiture accounts to offset future employer contributions under the plan from applying such amounts to fund QMACs and QNECs. This is because the amounts would have been allocated to the forfeiture accounts only after a participant incurred a forfeiture of benefits and, thus, generally would have been subject to a vesting schedule when they were first contributed to the plan. Commenters have requested that QMAC and QNEC requirements not be interpreted to prevent the use of plan forfeitures to fund QMACs and QNECs. The commenters urge that the nonforfeitability and distribution requirements under Sec. 1.401(k)-6 should apply when QMACs and QNECs are allocated to participants' accounts and not when the contributions are first made to the plan. [[Page 5479]] Explanation of Provisions After consideration of the comments described in this preamble in the ``Background'' section, the Treasury Department and the IRS are proposing to amend Sec. 1.401(k)-6 to provide that amounts used to fund QMACs and QNECs must be nonforfeitable and subject to distribution restrictions in accordance with Sec. 1.401(k)-1(c) and (d) when allocated to participants' accounts, and to no longer require that amounts used to fund QMACs and QNECs satisfy the nonforfeitability and distribution requirements when they are first contributed to the plan. Treasury and IRS note that while the second sentence of each of the current definitions of QMACs and QNECs refers to the ``vesting'' requirements of Sec. 1.401(k)-1(c), those requirements are more appropriately characterized as ``nonforfeitability'' requirements consistent with section 401(k)(2)(C) and the title of Sec. 1.401(k)- 1(c). Accordingly, these proposed regulations would amend these definitions to clarify those references by replacing the word ``vesting'' with ``nonforfeitability'' in each definition; these changes are not otherwise intended to have any substantive impact on this or any other section of the regulations. These proposed regulations would also amend the definitions of QMACs and QNECs in Sec. 1.401(m)-5 to provide cross-references to the definitions of QMACs and QNECs under Sec. 1.401(k)-6. These amendments to Sec. 1.401(m)-5 are being made to ensure a consistent definition of QMACs and QNECs in Sec. 1.401(k)-6 and Sec. 1.401(m)-5 (including the requirement that amounts used to fund QMACs and QNECs be made subject to nonforfeitability and distribution requirements when they are allocated to participants' accounts as QMACs or QNECs) and are not otherwise intended to have any substantive impact on this or any other section of the regulations. Proposed Effective/Applicability Date These regulations are proposed to apply to taxable years beginning on or after the date of publication of the Treasury decision adopting these rules as final regulations in the Federal Register. Taxpayers, however, may rely on these proposed regulations for periods preceding the proposed applicability date. If, and to the extent, the final regulations are more restrictive than the rules in these proposed regulations, those provisions of the final regulations will be applied without retroactive effect. Special Analyses Certain IRS regulations, including this one, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. Therefore, a regulatory impact assessment is not required. Because the regulation does not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, these regulations will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for comment on their impact on small business. Comments and Requests for Public Hearing Before these proposed regulations are adopted as final regulations, consideration will be given to any comments that are submitted timely to the IRS as prescribed in this preamble under the Addresses heading. Treasury and the IRS request comments on all aspects of the proposed rules. All comments will be available at www.regulations.gov or upon request. A public hearing will be scheduled if requested in writing by any person who timely submits written comments. If a public hearing is scheduled, notice of the date, time, and place for the public hearing will be published in the Federal Register. Drafting Information The principal author of these regulations is Rosemary Y. Oluwo, Office of Associate Chief Counsel (Tax Exempt and Governmental Entities). However, other personnel from the IRS and Treasury Department participated in the development of these regulations. List of Subjects in 26 CFR Part 1 Income taxes, Reporting and recordkeeping requirements. Proposed Amendments to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: PART 1--INCOME TAXES 0 Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * 0 Par. 2. Section 1.401(k)-1 is amended by adding paragraph (g)(5) to read as follows: Sec. 1.401(k)-1 Certain cash or deferred arrangements. * * * * * (g) * * * (5) Effective date for definitions of qualified matching contributions (QMACs) and qualified nonelective contributions (QNECs). The revisions to the second sentence in the definitions of QMACs and QNECs in Sec. 1.401(k)-6 apply to taxable years ending on or after the date of publication of the Treasury decision adopting these rules as final regulations in the Federal Register. 0 Par. 3. Section 1.401(k)-6 is amended by revising the second sentence in the definitions of Qualified matching contributions (QMACs) and Qualified nonelective contributions (QNECs) to read as follows: Sec. 1.401(k)-6 Definitions. * * * * * Qualified matching contributions (QMACs). * * * Thus, the matching contributions must satisfy the nonforfeitability requirements of Sec. 1.401(k)-1(c) and be subject to the distribution requirements of Sec. 1.401(k)-1(d) when they are allocated to participants' accounts. * * * Qualified nonelective contributions (QNECs). * * * Thus, the nonelective contributions must satisfy the nonforfeitability requirements of Sec. 1.401(k)-1(c) and be subject to the distribution requirements of Sec. 1.401(k)-1(d) when they are allocated to participants' accounts. * * * * * * * * 0 Par. 4. Section 1.401(m)-1 is amended by adding paragraph (d)(4) to read as follows: Sec. 1.401(m)-1 Employee contributions and matching contributions. * * * * * (d) * * * (4) Effective date for definitions of qualified matching contributions (QMACs) and qualified nonelective contributions (QNECs). The revisions to the definitions of QMACs and QNECs in Sec. 1.401(m)-5 apply to taxable years ending on or after the date of publication of the Treasury decision adopting these rules as final regulations in the Federal Register. 0 Par. 5. Section 1.401(m)-5 is amended by revising the definitions of Qualified matching contributions (QMACs) and Qualified nonelective contributions (QNECs) to read as follows: Sec. 1.401(m)-5 Definitions. * * * * * Qualified matching contributions (QMACs). Qualified matching contributions or QMACs means qualified matching contributions or QMACs as defined in Sec. 1.401(k)-6. [[Page 5480]] Qualified nonelective contributions (QNECs). Qualified nonelective contributions or QNECs means qualified nonelective contributions or QNECs as defined in Sec. 1.401(k)-6. John Dalrymple, Deputy Commissioner for Services and Enforcement. [FR Doc. 2017-00876 Filed 1-17-17; 8:45 am] BILLING CODE 4830-01-P
![Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules 5477
may be hand-delivered Monday through available at www.regulations.gov or 10T(i) as revised elsewhere in this issue
Friday between the hours of 8 a.m. and upon request. A public hearing will be of the Federal Register.]
4 p.m. to CC:PA:LPD:PR (REG–135734– scheduled if requested in writing by any
John Dalrymple,
14), Courier’s Desk, Internal Revenue person that timely submits electronic or
Service, 1111 Constitution Avenue NW., written comments. If a public hearing is Deputy Commissioner for Services and
Enforcement.
Washington, DC 20224, or sent scheduled, notice of the date, time, and
[FR Doc. 2017–00637 Filed 1–13–17; 4:15 pm]
electronically via the Federal place for the public hearing will be
eRulemaking Portal at http:// published in the Federal Register. BILLING CODE 4830–01–P
www.regulations.gov (IRS REG–135734–
Drafting Information
14).
DEPARTMENT OF THE TREASURY
FOR FURTHER INFORMATION CONTACT: The principal author of these
Concerning the proposed regulations, proposed regulations is Joshua G. Rabon Internal Revenue Service
Joshua G. Rabon (202) 317–6937; of the Office of Associate Chief Counsel
concerning submissions of comments or (International). However, other 26 CFR Part 1
requests for a public hearing, Regina personnel from the Treasury
Johnson, (202) 317–5177 (not toll-free Department and the IRS participated in [REG–131643–15]
numbers). their development. RIN–1545–BN05
SUPPLEMENTARY INFORMATION: List of Subjects in 26 CFR Part 1
Definitions of Qualified Matching
Background Income taxes, Reporting and Contributions and Qualified
The temporary regulations in the recordkeeping requirements. Nonelective Contributions
Rules and Regulations section of this Proposed Amendments to the AGENCY: Internal Revenue Service (IRS),
issue of the Federal Register amend Regulations Treasury.
portions of the regulations under section ACTION: Notice of proposed rulemaking.
7874 of the Code concerning the de Accordingly, 26 CFR part 1 is
minimis exceptions to the general rules proposed to be amended as follows: SUMMARY: This document contains
of §§ 1.7874–7T (disregard of certain proposed amendments to the definitions
PART 1—INCOME TAXES
stock attributable to passive assets) and of qualified matching contributions
1.7874–10T (disregard of certain (QMACs) and qualified nonelective
■ Paragraph 1. The authority citation
distributions). The text of those contributions (QNECs) under
for part 1 is amended by adding entries
temporary regulations also serves as the regulations relating to certain qualified
to read in part as follows:
text of the proposed regulations herein. retirement plans that contain cash or
The preamble to those temporary Authority: 26 U.S.C. 7805 * * * deferred arrangements under section
regulations, which is also the preamble Section 1.7874–7 also issued under 26
U.S.C. 7874(c)(6) and 7874(g).
401(k) or that provide for matching
to certain final regulations under section contributions or employee contributions
7874, explains the temporary * * * * * under section 401(m). Under these
regulations, the corresponding proposed Section 1.7874–10 also issued under 26
U.S.C. 7874(c)(4) and 7874(g).
regulations, employer contributions to a
regulations, and the final regulations. plan would be able to qualify as QMACs
* * * * * or QNECs if they satisfy applicable
Special Analyses
■ Par. 2. Section 1.7874–7 is added to nonforfeitability and distribution
Certain IRS regulations, including read as follows. requirements at the time they are
these, are exempt from the requirements allocated to participants’ accounts, but
of Executive Order 12866, as § 1.7874–7 Disregard of certain stock
attributable to passive assets. need not meet these requirements when
supplemented and reaffirmed by they are contributed to the plan. These
Executive Order 13563. Therefore, a (a) through (c)(1) [Reserved] regulations would affect participants in,
regulatory assessment is not required. (2) [The text of proposed § 1.7874– beneficiaries of, employers maintaining,
Because the regulations do not impose 7(c)(2) is the same as the text of and administrators of tax-qualified
a collection of information on small § 1.7874–7T(c)(2) as revised elsewhere plans that contain cash or deferred
entities, the Regulatory Flexibility Act in this issue of the Federal Register.] arrangements or provide for matching
(5 U.S.C. chapter 6) does not apply. (d) through (g) [Reserved] contributions or employee
Pursuant to section 7805(f), this notice (h) [The text of proposed § 1.7874– contributions.
of proposed rulemaking has been 7(h) is the same as the text of § 1.7874–
submitted to the Chief Counsel of DATES: Comments and requests for a
7T(h) as revised elsewhere in this issue public hearing must be received by
Advocacy of the Small Business of the Federal Register.]
Administration for comment on its April 18, 2017.
■ Par. 3. Section 1.7874–10 is added to ADDRESSES: Send submissions to
impact on small business.
read as follows: CC:PA:LPD:PR (REG–131643–15) Room
Comments and Requests for Public 5203, Internal Revenue Service, P.O.
Hearing § 1.7874–10 Disregard of certain
distributions. Box 7604, Ben Franklin Station,
Before these proposed regulations are Washington, DC 20044. Submissions
mstockstill on DSK3G9T082PROD with PROPOSALS
adopted as final regulations, (a) through (d)(1) [Reserved] may be hand-delivered Monday through
consideration will be given to any (2) [The text of proposed § 1.7874– Friday between the hours of 8 a.m. and
comments that are submitted timely to 10(d)(2) is the same as the text of 4 p.m. to CC:PA:LPD:PR (REG–131643–
the IRS as prescribed in this preamble § 1.7874–10T(d)(2) as revised elsewhere 15), Courier’s Desk, Internal Revenue
under the ‘‘Addresses’’ heading. The in this issue of the Federal Register.] Service, 1111 Constitution Avenue NW.,
Treasury Department and the IRS (e) through (h) [Reserved] Washington, DC 20224, or sent
request comments on all aspects of the (i) [The text of proposed § 1.7874– electronically via the Federal
proposed rules. All comments will be 10(i) is the same as the text of § 1.7874– eRulemaking Portal at
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![5480 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules
Qualified nonelective contributions www.regulations.gov. See the ‘‘Public No other vessels will be permitted to
(QNECs). Qualified nonelective Participation and Request for enter the regulated area without
contributions or QNECs means qualified Comments’’ portion of the obtaining permission from the COTP or
nonelective contributions or QNECs as SUPPLEMENTARY INFORMATION section for a designated representative. The harbor
defined in § 1.401(k)–6. further instructions on submitting will remain closed until the Coast Guard
comments. issues an ‘‘All Clear’’ after races have
John Dalrymple,
FOR FURTHER INFORMATION CONTACT: If concluded and the harbor is deemed
Deputy Commissioner for Services and safe for normal operations. This rule
Enforcement. you have questions about this proposed
rulemaking, call or email Lieutenant will not require any vessel already
[FR Doc. 2017–00876 Filed 1–17–17; 8:45 am]
Commander Nicolas Jarboe, Waterways moored to evacuate the port, provided
BILLING CODE 4830–01–P they are moored in such a way that they
Management Division, U.S. Coast Guard
Sector Honolulu; telephone (808) 541– do not interfere with the event. The
4359, email nicolas.a.jarboe@uscg.mil. proposed regulatory text appears at the
DEPARTMENT OF HOMELAND end of this document.
SECURITY SUPPLEMENTARY INFORMATION:
IV. Regulatory Analyses
I. Table of Abbreviations
Coast Guard We developed this proposed rule after
COTP Captain of the Port, Honolulu
CFR Code of Federal Regulations
considering numerous statutes and
33 CFR Part 100 Executive Orders related to rulemaking.
FR Federal Register
[Docket Number USCG–2016–1041] NPRM Notice of proposed rulemaking Below we summarize our analyses
§ Section based on a number of these statutes and
RIN 1625–AA08 U.S.C. United States Code Executive orders and we discuss First
II. Background, Purpose, and Legal Amendment rights of protestors.
Special Local Regulation; Pago Pago
Harbor, American Samoa Basis A. Regulatory Planning and Review
AGENCY: Coast Guard, DHS. This annual event will consist of a Executive Orders 12866 and 13563
series of races entirely within Pago Pago direct agencies to assess the costs and
ACTION: Notice of proposed rulemaking. Harbor between longboats with benefits of available regulatory
SUMMARY: The Coast Guard proposes to paddling crews of 30–50 persons each. alternatives and, if regulation is
establish a permanent special local It is anticipated that a large number of necessary, to select regulatory
regulation for the Annual Fautasi Ocean spectator pleasure craft will be drawn to approaches that maximize net benefits.
Challenge canoe race in Pago Pago the event. Spectator vessels and Executive Order 13563 emphasizes the
Harbor, American Samoa. This annual commercial vessel traffic would pose a importance of quantifying both costs
event historically occurs during the significant safety hazard to the and benefits, of reducing costs, of
weeks of Veteran’s Day and longboats, longboat crew members, and harmonizing rules, and of promoting
Thanksgiving Day. This action is other persons and vessels involved with flexibility. This NPRM has not been
necessary to safeguard the participants the event due to the longboats limited designated a ‘‘significant regulatory
and spectators, including all crews, maneuverability within the port. action,’’ under Executive Order 12866.
vessels, and persons on the water in The Captain of the Port, Honolulu This determination is based on the size,
Pago Pago Harbor during the event. This (COTP), proposes to establish a location, duration, and time-of-day of
regulation will functionally close the permanent special local regulation for the safety zone. Accordingly, this NPRM
port to vessel traffic during the race, but Pago Pago Harbor to minimize vessel has not been reviewed by the Office of
will not require the evacuation of any traffic in Pago Pago Harbor before, Management and Budget.
vessels from the harbor. Entry into, during, and after the scheduled event to Under this NPRM, the Coast Guard
transiting, or anchoring in the harbor safeguard persons and vessels during would issue a Broadcast Notice to
would be prohibited to all vessels not the longboat races. A regulated area is Mariners with information pertaining to
registered with the sponsor as a water area, shore area, or water and the regulated area via VHF–FM marine
participants or not part of the race shore area, for safety or environmental channel 16.
patrol, unless specifically authorized by purposes, of which access is limited to
authorized persons, vehicles, or vessels. B. Impact on Small Entities
the Captain of the Port (COTP) Honolulu
The statutory basis for this rulemaking The Regulatory Flexibility Act of
or a designated representative. Vessels
is 33 U.S.C. 1233, which gives the Coast 1980, 5 U.S.C. 601–612, as amended,
who are already moored or anchored in
Guard, under a delegation from the requires Federal agencies to consider
the harbor seeking permission to remain
Secretary of the Department of the potential impact of regulations on
there shall request permission from the
Homeland Security, regulatory authority small entities during rulemaking. The
COTP unless deemed a spectator vessel
to enforce the Ports and Waterways term ‘‘small entities’’ comprises small
that is moored to a waterfront facility
Safety Act. businesses, not-for-profit organizations
within the regulated area. The area
that are independently owned and
forming the subject of this permanent III. Discussion of Proposed Rule operated and are not dominant in their
special local regulation is described This rule will create a permanent fields, and governmental jurisdictions
below. We invite your comments on this special local regulation in Pago Pago with populations of less than 50,000.
mstockstill on DSK3G9T082PROD with PROPOSALS
notice of proposed rulemaking (NPRM). Harbor. The regulated area will close the The Coast Guard certifies under 5 U.S.C.
DATES: Comments and related material harbor to all vessels not authorized by 605(b) that this proposed rule would not
must be received by the Coast Guard on the COTP for entry into, transiting, or have a significant economic impact on
or before February 17, 2017. anchoring within the port for the a substantial number of small entities.
ADDRESSES: You may submit comments duration of the event. The COTP will Some owners or operators of vessels
identified by docket number USCG– authorize registered participants, intending to transit the regulated area
2016–1041 using the Federal support vessels, and enforcement may be small entities and may not be
eRulemaking Portal at http:// vessels to enter and remain in the area. authorized to do so. However, given the
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Document Created: 2018-02-01 15:19:10
Document Modified: 2018-02-01 15:19:10
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking. | |
| Dates | Comments and requests for a public hearing must be received by April 18, 2017. | |
| Contact | Concerning the proposed regulations, Rosemary Y. Oluwo at (202) 317-6060; concerning submissions of comments or to request a hearing, Regina Johnson at (202) 317-6901 (not toll- free numbers). | |
| FR Citation | 82 FR 5477 | |
| CFR Associated | Income Taxes and Reporting and Recordkeeping Requirements |
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