United States Navy Restricted Area, Key West Harbor, at U.S. Naval Base, Key West, Florida, 44972-44973 [E7-15694]
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Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Rules and Regulations
power and responsibilities among the
various levels of government. Section
514 of ERISA provides, with certain
exceptions specifically enumerated, that
the provisions of Titles I and IV of
ERISA supersede any and all laws of the
States as they relate to any employee
benefit plan covered under ERISA. The
requirements implemented in the final
rule do not alter the fundamental
provisions of the statute with respect to
employee benefit plans, and as such
would have no implications for the
States or the relationship or distribution
of power between the national
government and the States.
List of Subjects in 29 CFR Part 2560
Employee benefit plans, Employee
Retirement Income Security Act, Law
enforcement, Pensions.
For the reasons set forth in the
preamble, the Department amends 29
CFR part 2560 as follows:
I
PART 2560—RULES AND
REGULATIONS FOR ADMINISTRATION
AND ENFORCEMENT
1. The authority citation for part 2560
is revised to read as follows:
I
Authority: 29 U.S.C. 1132, 1135, and
Secretary of Labor’s Order 1–2003, 68 FR
5374 (Feb. 3, 2003). Sec. 2560.503–1 also
issued under 29 U.S.C. 1133. Sec.
2560.502(c)(7) also issued under sec. 507(b)
of Pub. L. 109–280, 120 Stat. 780.
2. Amend § 2560.502c–7 by revising
paragraphs (a), (b), (d) and (j)(1) to read
as follows:
I
yshivers on PROD1PC62 with RULES
§ 2560.502c–7 Civil penalties under
section 502(c)(7).
(a) In general. (1) Pursuant to the
authority granted the Secretary under
section 502(c)(7) of the Employee
Retirement Income Security Act of 1974,
as amended (the Act), the administrator
(within the meaning of section 3(16)(A)
of the Act) of an individual account
plan (within the meaning of section
101(i)(8) of the Act and § 2520.101–
3(d)(2) of this chapter), who fails or
refuses to provide notice of a blackout
period to affected participants and
beneficiaries in accordance with section
101(i) of the Act and § 2520.101–3 of
this chapter, or the administrator
(within the meaning of section 3(16)(A)
of the Act) of an applicable individual
account plan (within the meaning of
section 101(m) of the Act), who fails or
refuses to provide notice of
diversification rights to applicable
individuals in accordance with section
101(m) of the Act, shall be liable for
civil penalties assessed by the Secretary
under section 502(c)(7) of the Act.
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(2) For purposes of this section, a
failure or refusal to provide a notice of
blackout period shall mean a failure or
refusal, in whole or in part, to provide
notice of a blackout period to an
affected plan participant or beneficiary
at the time and in the manner
prescribed by section 101(i) of the Act
and § 2520.101–3 of this chapter, and a
failure or refusal to provide a notice of
diversification rights shall mean a
failure or refusal, in whole or in part, to
provide notice of diversification rights
to an applicable individual at the time
and in the manner prescribed by section
101(m) of the Act.
(b) Amount assessed. (1) The amount
assessed under section 502(c)(7) of the
Act for each separate violation shall be
determined by the Department of Labor,
taking into consideration the degree
and/or willfulness of the failure or
refusal to provide a notice of blackout
period or notice of diversification rights.
However, the amount assessed for each
violation under section 502(c)(7) of the
Act shall not exceed $100 a day (or such
other maximum amount as may be
established by regulation pursuant to
the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended),
computed from, in the case of a notice
of blackout period under section 101(i)
of the Act, the date of the
administrator’s failure or refusal to
provide a notice of blackout period up
to and including the date that is the
final day of the blackout period for
which the notice was required, or in the
case of a notice of diversification rights
under section 101(m) of the Act,
computed from the date that is 30 days
before the first date on which rights are
exercisable under section 204(j) of the
Act up to the date such a notice is
furnished.
(2) For purposes of calculating the
amount to be assessed under this
section, a failure or refusal to provide a
notice of blackout period or a notice of
diversification rights with respect to any
single participant or beneficiary shall be
treated as a separate violation under
section 101(i) of the Act and
§ 2520.101–3 of this chapter or section
101(m) of the Act.
*
*
*
*
*
(d) Reconsideration or waiver of
penalty to be assessed. The Department
may determine that all or part of the
penalty amount in the notice of intent
to assess a penalty shall not be assessed
on a showing that the administrator
complied with the applicable
requirements of section 101(i) or section
101(m) of the Act or on a showing by
the administrator of mitigating
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circumstances regarding the degree or
willfulness of the noncompliance.
*
*
*
*
*
(j) Liability. (1) If more than one
person is responsible as administrator
for the failure to provide a notice of
blackout period under section 101(i) of
the Act and its implementing
regulations (§ 2520.101–3 of this
chapter), or the failure to provide a
notice of diversification rights under
section 101(m) of the Act, all such
persons shall be jointly and severally
liable for such failure.
*
*
*
*
*
Signed at Washington, DC, this 3rd day of
August, 2007.
Bradford P. Campbell,
Acting Assistant Secretary, Employee Benefits
Security Administration, Department of
Labor.
[FR Doc. E7–15567 Filed 8–9–07; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
33 CFR Part 334
United States Navy Restricted Area,
Key West Harbor, at U.S. Naval Base,
Key West, Florida
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Final rule.
SUMMARY: The U.S. Army Corps of
Engineers (Corps) is amending the
existing regulations for a restricted area
at Naval Air Station Key West
(NASKW). Naval Air Station Key West
maintains ammunition magazines on
Fleming Island that have explosive
safety quality-distance (ESQD)
requirements in place to ensure
reasonable safety from serious injury
should there be a magazine fire or
explosion. The previous restricted area
regulations did not adequately cover the
ESQD requirements. This amendment to
the existing regulation is necessary to
protect the public from potentially
hazardous conditions that may exist as
a result of military use of the area.
DATES: Effective Date: September 10,
2007.
ADDRESSES: U.S. Army Corps of
Engineers, ATTN: CECW–CO, 441 G
Street, NW., Washington, DC 20314–
1000.
FOR FURTHER INFORMATION CONTACT: Mr.
David Olson, Headquarters, Operations
and Regulatory Community of Practice,
Washington, DC at 202–761–4922 or Mr.
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Federal Register / Vol. 72, No. 154 / Friday, August 10, 2007 / Rules and Regulations
yshivers on PROD1PC62 with RULES
Jon M. Griffin, U.S. Army Corps of
Engineers, Jacksonville District,
Regulatory Division, at 904–232–1680.
SUPPLEMENTARY INFORMATION: Pursuant
to its authorities in Section 7 of the
Rivers and Harbors Act of 1917 (40 Stat
266; 33 U.S.C. 1) and Chapter XIX of the
Army Appropriations Act of 1919 (40
Stat 892; 33 U.S.C. 3), the Corps is
amending the regulations in 33 CFR part
334 by modifying the restricted area at
§ 334.610. The modification to the
existing restricted area is described
below. The proposed rule was
published in the February 21, 2007,
issue of the Federal Register (72 FR
7841). One comment was received in
response to the proposed rule. That
commenter had no objection to the
proposed amendment.
The Ammunition and Hazardous
Materials Handling Review Board has
cited NASKW for allowing anchored
pleasure craft to be within the inhabited
building distance of the Fleming Island
Magazine area. The amendment to the
regulations will allow the Commanding
Office NASKW to restrict passage of
persons, watercraft, and vessels to
ensure that ESQD requirements related
to the Fleming Island Magazine area are
met.
contacting the district office listed at the
end of the FOR FURTHER INFORMATION
CONTACT section, above.
d. Unfunded Mandates Act. This rule
does not impose an enforceable duty
among the private sector and, therefore,
is not a Federal private sector mandate
and is not subject to the requirements of
Section 202 or 205 of the Unfunded
Mandates Reform Act (Pub. L. 104–4,
109 Stat. 48, 2 U.S.C. 1501 et seq.). We
have also found under Section 203 of
the Act that small governments will not
be significantly or uniquely affected by
this rule.
Procedural Requirements
a. Review Under Executive Order
12866. This rule is issued with respect
to a military function of the Defense
Department and the provisions of
Executive Order 12866 do not apply.
b. Review Under the Regulatory
Flexibility Act. This rule has been
reviewed under the Regulatory
Flexibility Act (Pub. L. 96–354) which
requires the preparation of a regulatory
flexibility analysis for any regulation
that will have a significant economic
impact on a substantial number of small
entities (i.e., small businesses and small
governments). The Corps has concluded
that modifying this restricted area
would have practically no economic
impact on the public, and would create
no anticipated navigational hazard or
interference with existing waterway
traffic. Accordingly, it is certified that
this rule will not have a significant
economic impact on small entities.
c. Review Under the National
Environmental Policy Act. The Corps
has concluded, based on the minor
nature of this action, that the
amendment to the restricted area will
not be a major Federal action having
significant impact on the quality of the
human environment and, therefore,
preparation of an environmental impact
statement will not be required. An
environmental assessment has been
prepared and it is available by
§ 334.610 Key West Harbor, at U.S. Naval
Base, Key West, Fla.; naval restricted areas
and danger zone.
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List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water),
Restricted areas, Waterways.
I For the reasons set out in the
preamble, the Corps amends 33 CFR
part 334 as follows:
PART 334—DANGER ZONE AND
RESTRICTED AREA REGULATIONS
1. The authority citation for 33 CFR
Part 334 continues to read as follows:
I
Authority: 40 Stat. 266 (33 U.S.C. 1) and
40 Stat. 892 (33 U.S.C. 3).
2. Amend § 334.610 by revising
paragraph (a)(4) to read as follows:
I
(a) The areas. * * *
(4) Beginning at the last point
designated in area 3 at Latitude
24°34.0550′ N., Longitude 81°47.9166′
W.; proceed in a northwesterly direction
to a point at Latitude 24°34.2725′ N.,
Longitude 81°48.1304′ W.; thence
proceed in a northeasterly direction to
a point at Latitude 24°34.3562′ N.,
Longitude 81°48.0192′ W.; thence
proceed in a northwesterly direction to
a point at Latitude 24°34.4506′ N.,
Longitude 81°48.1444′ W.; thence
proceed in a northwesterly direction to
a point at Latitude 24°34.5619′ N.,
Longitude 81°48.1873′ W.; thence
proceed in a northeasterly direction to
a point at Latitude 24°34.9084′ N.,
Longitude 81°48.0945′ W.; thence
proceed in a northeasterly direction to
a point at Latitude 24°34.9809′ N.,
Longitude 81°47.9400′ W.; proceed in a
general northerly direction maintaining
a distance of 100 yards from the
shoreline of Fleming Key, continue
around Fleming Key to a point easterly
of the southeast corner of Fleming Key
at Latitude 24°34.0133′ N., Longitude
81°47.6250′ W.; thence easterly to
Latitude 24°33.9600′ N., Longitude
81°47.3333′ W.; thence southerly to a
point on the shore at Latitude
24°33.9117′ N., Longitude 81°47.3450′
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44973
W. The Department of the Navy plans to
install buoys along that portion of the
restricted area boundary which marks
the outer edge of the explosive hazard
safety distance requirements.
*
*
*
*
*
Dated: August 6, 2007.
Lawrence A. Lang,
Acting Chief, Operations Directorate of Civil
Works.
[FR Doc. E7–15694 Filed 8–9–07; 8:45 am]
BILLING CODE 3710–92–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R04–RCRA–2007–0016; FRL–8451–8]
Florida: Final Authorization of State
Hazardous Waste Management
Program Revision
Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
AGENCY:
SUMMARY: Florida has applied to EPA for
Final authorization of the changes to its
hazardous waste program under the
Resource Conservation and Recovery
Act (RCRA). EPA is granting Final
authorization to Florida. EPA is
authorizing the changes by this
immediate final rule. EPA did not make
a proposal prior to the immediate final
rule because we believe this action is
not controversial and do not expect
comments that oppose it. We have
explained the reasons for this
authorization in the preamble of this
immediate final rule. Unless we get
written comments which oppose this
authorization during the comment
period, this immediate final rule will
become effective on the date it
establishes, and we will not take further
action on this proposal. If we receive
comments that oppose this action, we
will withdraw this immediate final rule
and it will not take effect. We will
respond to public comments in a later
final rule based on this immediate final
rule. You may not have another
opportunity for comment.
DATES: This Final authorization is
effective on October 9, 2007 unless EPA
receives adverse written comment on or
before September 10, 2007. If EPA
receives such comment, it will publish
a timely withdrawal of this immediate
final rule in the Federal Register and
inform the public that this authorization
will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R04–
E:\FR\FM\10AUR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 154 (Friday, August 10, 2007)]
[Rules and Regulations]
[Pages 44972-44973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15694]
=======================================================================
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 334
United States Navy Restricted Area, Key West Harbor, at U.S.
Naval Base, Key West, Florida
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Army Corps of Engineers (Corps) is amending the
existing regulations for a restricted area at Naval Air Station Key
West (NASKW). Naval Air Station Key West maintains ammunition magazines
on Fleming Island that have explosive safety quality-distance (ESQD)
requirements in place to ensure reasonable safety from serious injury
should there be a magazine fire or explosion. The previous restricted
area regulations did not adequately cover the ESQD requirements. This
amendment to the existing regulation is necessary to protect the public
from potentially hazardous conditions that may exist as a result of
military use of the area.
DATES: Effective Date: September 10, 2007.
ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-CO, 441 G Street,
NW., Washington, DC 20314-1000.
FOR FURTHER INFORMATION CONTACT: Mr. David Olson, Headquarters,
Operations and Regulatory Community of Practice, Washington, DC at 202-
761-4922 or Mr.
[[Page 44973]]
Jon M. Griffin, U.S. Army Corps of Engineers, Jacksonville District,
Regulatory Division, at 904-232-1680.
SUPPLEMENTARY INFORMATION: Pursuant to its authorities in Section 7 of
the Rivers and Harbors Act of 1917 (40 Stat 266; 33 U.S.C. 1) and
Chapter XIX of the Army Appropriations Act of 1919 (40 Stat 892; 33
U.S.C. 3), the Corps is amending the regulations in 33 CFR part 334 by
modifying the restricted area at Sec. 334.610. The modification to the
existing restricted area is described below. The proposed rule was
published in the February 21, 2007, issue of the Federal Register (72
FR 7841). One comment was received in response to the proposed rule.
That commenter had no objection to the proposed amendment.
The Ammunition and Hazardous Materials Handling Review Board has
cited NASKW for allowing anchored pleasure craft to be within the
inhabited building distance of the Fleming Island Magazine area. The
amendment to the regulations will allow the Commanding Office NASKW to
restrict passage of persons, watercraft, and vessels to ensure that
ESQD requirements related to the Fleming Island Magazine area are met.
Procedural Requirements
a. Review Under Executive Order 12866. This rule is issued with
respect to a military function of the Defense Department and the
provisions of Executive Order 12866 do not apply.
b. Review Under the Regulatory Flexibility Act. This rule has been
reviewed under the Regulatory Flexibility Act (Pub. L. 96-354) which
requires the preparation of a regulatory flexibility analysis for any
regulation that will have a significant economic impact on a
substantial number of small entities (i.e., small businesses and small
governments). The Corps has concluded that modifying this restricted
area would have practically no economic impact on the public, and would
create no anticipated navigational hazard or interference with existing
waterway traffic. Accordingly, it is certified that this rule will not
have a significant economic impact on small entities.
c. Review Under the National Environmental Policy Act. The Corps
has concluded, based on the minor nature of this action, that the
amendment to the restricted area will not be a major Federal action
having significant impact on the quality of the human environment and,
therefore, preparation of an environmental impact statement will not be
required. An environmental assessment has been prepared and it is
available by contacting the district office listed at the end of the
FOR FURTHER INFORMATION CONTACT section, above.
d. Unfunded Mandates Act. This rule does not impose an enforceable
duty among the private sector and, therefore, is not a Federal private
sector mandate and is not subject to the requirements of Section 202 or
205 of the Unfunded Mandates Reform Act (Pub. L. 104-4, 109 Stat. 48, 2
U.S.C. 1501 et seq.). We have also found under Section 203 of the Act
that small governments will not be significantly or uniquely affected
by this rule.
List of Subjects in 33 CFR Part 334
Danger zones, Navigation (water), Restricted areas, Waterways.
0
For the reasons set out in the preamble, the Corps amends 33 CFR part
334 as follows:
PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
0
1. The authority citation for 33 CFR Part 334 continues to read as
follows:
Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33
U.S.C. 3).
0
2. Amend Sec. 334.610 by revising paragraph (a)(4) to read as follows:
Sec. 334.610 Key West Harbor, at U.S. Naval Base, Key West, Fla.;
naval restricted areas and danger zone.
(a) The areas. * * *
(4) Beginning at the last point designated in area 3 at Latitude
24[deg]34.0550' N., Longitude 81[deg]47.9166' W.; proceed in a
northwesterly direction to a point at Latitude 24[deg]34.2725' N.,
Longitude 81[deg]48.1304' W.; thence proceed in a northeasterly
direction to a point at Latitude 24[deg]34.3562' N., Longitude
81[deg]48.0192' W.; thence proceed in a northwesterly direction to a
point at Latitude 24[deg]34.4506' N., Longitude 81[deg]48.1444' W.;
thence proceed in a northwesterly direction to a point at Latitude
24[deg]34.5619' N., Longitude 81[deg]48.1873' W.; thence proceed in a
northeasterly direction to a point at Latitude 24[deg]34.9084' N.,
Longitude 81[deg]48.0945' W.; thence proceed in a northeasterly
direction to a point at Latitude 24[deg]34.9809' N., Longitude
81[deg]47.9400' W.; proceed in a general northerly direction
maintaining a distance of 100 yards from the shoreline of Fleming Key,
continue around Fleming Key to a point easterly of the southeast corner
of Fleming Key at Latitude 24[deg]34.0133' N., Longitude
81[deg]47.6250' W.; thence easterly to Latitude 24[deg]33.9600' N.,
Longitude 81[deg]47.3333' W.; thence southerly to a point on the shore
at Latitude 24[deg]33.9117' N., Longitude 81[deg]47.3450' W. The
Department of the Navy plans to install buoys along that portion of the
restricted area boundary which marks the outer edge of the explosive
hazard safety distance requirements.
* * * * *
Dated: August 6, 2007.
Lawrence A. Lang,
Acting Chief, Operations Directorate of Civil Works.
[FR Doc. E7-15694 Filed 8-9-07; 8:45 am]
BILLING CODE 3710-92-P
