Drawbridge Operation Regulations; Tchefuncta River, Madisonville, LA, 65137-65138 [2015-27131]
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Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations
Department has expressed the view that
the fiduciary standards of sections 403
and 404 do not preclude consideration
of collateral benefits, such as those
offered by a ‘‘socially-responsible’’ fund,
in a fiduciary’s decision to designate an
investment alternative in an individual
account plan. Whether a particular fund
or investment alternative satisfies the
requirements set forth in sections 403
and 404 of ERISA is an inherently
factual question that the appropriate
plan fiduciaries must decide based on
all the facts and circumstances of the
individual situation.
The following Interpretive Bulletin
deals solely with the applicability of the
prudence and exclusive purpose
requirements of ERISA as applied to
fiduciary decisions to invest plan assets
in ETIs, and in particular the collateral
benefits they may provide apart from a
plan’s performance and the interests of
participants and beneficiaries in their
retirement income. The bulletin does
not supersede the regulatory standard
contained at 29 CFR 2550.404a-1, nor
does it address any issues which may
arise in connection with the prohibited
transaction provisions or the statutory
exemptions from those provisions.
List of Subjects in 29 CFR Part 2509
Employee benefit plans, Pensions.
For the reasons set forth in the
preamble, the Department is amending
subchapter A, part 2509 of title 29 of the
Code of Federal Regulations as follows:
SUBCHAPTER A—GENERAL
PART 2509—INTERPRETIVE
BULLETINS RELATING TO THE
EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974
1. The authority citation for part 2509
continues to read as follows:
■
Authority: 29 U.S.C. 1135. Secretary of
Labor’s Order 1–2003, 68 FR 5374 (Feb. 3,
2003). Sections 2509.75–10 and 2509.75–2
issued under 29 U.S.C. 1052, 1053, 1054. Sec.
2509.75–5 also issued under 29 U.S.C. 1002.
Sec. 2509.95–1 also issued under sec. 625,
Public Law 109–280, 120 Stat. 780.
§ 2509.08–1
[Removed]
2. Part 2509 is amended by removing
§ 2509.08–1.
■ 3. Part 2509 is further amended by
adding § 2509.2015–01 to read as
follows:
asabaliauskas on DSK5VPTVN1PROD with RULES
■
§ 2509.2015–01 Interpretive bulletin
relating to the fiduciary standard under
ERISA in considering economically targeted
investments.
This Interpretive Bulletin sets forth
the Department of Labor’s interpretation
of sections 403 and 404 of the Employee
VerDate Sep<11>2014
17:27 Oct 23, 2015
Jkt 238001
Retirement Income Security Act of 1974
(ERISA), as applied to employee benefit
plan investments in ‘‘economically
targeted investments’’ (ETIs), that is,
investments selected for the economic
benefits they create apart from their
investment return to the employee
benefit plan. Sections 403 and 404, in
part, require that a fiduciary of a plan
act prudently, and to diversify plan
investments so as to minimize the risk
of large losses, unless under the
circumstances it is clearly prudent not
to do so. In addition, these sections
require that a fiduciary act solely in the
interest of the plan’s participants and
beneficiaries and for the exclusive
purpose of providing benefits to their
participants and beneficiaries. The
Department has construed the
requirements that a fiduciary act solely
in the interest of, and for the exclusive
purpose of providing benefits to,
participants and beneficiaries as
prohibiting a fiduciary from
subordinating the interests of
participants and beneficiaries in their
retirement income to unrelated
objectives.
With regard to investing plan assets,
the Department has issued a regulation,
at 29 CFR 2550.404a–1, interpreting the
prudence requirements of ERISA as they
apply to the investment duties of
fiduciaries of employee benefit plans.
The regulation provides that the
prudence requirements of section
404(a)(1)(B) are satisfied if (1) the
fiduciary making an investment or
engaging in an investment course of
action has given appropriate
consideration to those facts and
circumstances that, given the scope of
the fiduciary’s investment duties, the
fiduciary knows or should know are
relevant, and (2) the fiduciary acts
accordingly. This includes giving
appropriate consideration to the role
that the investment or investment
course of action plays (in terms of such
factors as diversification, liquidity, and
risk/return characteristics) with respect
to that portion of the plan’s investment
portfolio within the scope of the
fiduciary’s responsibility.
Other facts and circumstances
relevant to an investment or investment
course of action would, in the view of
the Department, include consideration
of the expected return on alternative
investments with similar risks available
to the plan. It follows that, because
every investment necessarily causes a
plan to forgo other investment
opportunities, an investment will not be
prudent if it would be expected to
provide a plan with a lower rate of
return than available alternative
investments with commensurate degrees
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65137
of risk or is riskier than alternative
available investments with
commensurate rates of return.
The fiduciary standards applicable to
ETIs are no different than the standards
applicable to plan investments
generally. Therefore, if the above
requirements are met, the selection of an
ETI, or the engaging in an investment
course of action intended to result in the
selection of ETIs, will not violate
section 404(a)(1)(A) and (B) and the
exclusive purpose requirements of
section 403.
Phyllis C. Borzi,
Assistant Secretary, Employee Benefits
Security Administration, U.S. Department of
Labor.
[FR Doc. 2015–27146 Filed 10–22–15; 11:15 am]
BILLING CODE 4510–29–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[USCG–2015–0964]
Drawbridge Operation Regulations;
Tchefuncta River, Madisonville, LA
Coast Guard, DHS.
Notice of deviation from
regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the SR 22 Bridge
over the Tchefuncta River, mile 2.5, at
Madisonville, St. Tammany Parish,
Louisiana. This deviation is necessary to
complete scheduled maintenance of the
bridge. This deviation allows the bridge
to remain closed to navigation for
approximately six weeks while allowing
for two scheduled openings on
scheduled work days except for a fiveday period and a 36-hour period, both
in December, when there will be
complete closures. The bridge will
operate normally on non-scheduled
work days and on weekends.
DATES: This deviation is effective from
7 a.m. on November 2, 2015 until 7 p.m.
on December 15, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0964] is
available at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Jim
Wetherington, D8 Bridge
Administration Branch, Coast Guard;
telephone 504–671–2128, email
james.r.wetherington@uscg.mil.
SUMMARY:
E:\FR\FM\26OCR1.SGM
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65138
Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations
Coastal
Bridge Company, LLC, on behalf of
Louisiana Department of Transportation
and Development (LDOTD), requested a
deviation from the operating regulation
for the SR 22 Bridge across the
Tchefuncta River, mile 2.5, at
Madisonville, St. Tammany Parish,
Louisiana. The SR 22 Bridge is a swing
bridge with a vertical clearance of 6.2
feet above Mean High Water (MHW) in
the closed-to-navigation position and
unlimited clearance in the open-tonavigation position. The operation of
this bridge is currently governed by 33
CFR 117.500.
The closure is necessary for
mechanical and electrical rehabilitation
of the bridge. The deviation from the
operating regulations will be in effect
from Monday, November 2, 2015 until
Tuesday, December 15, 2015, except for
weekends. Within this time frame there
will be multiple closure periods,
deviating from the regular operating
schedule, as follows:
(1) The first closure period will be
from 7 a.m. on November 9th, until 7
p.m. on November 13th, 2015, except
that the bridge will open at 9 a.m. and
7 p.m., daily, to pass all vessel traffic;
(2) The second closure period will be
from 7 a.m. on November 16th until 9
p.m. on November 17th except that the
bridge will open at 9 a.m. and 7 p.m.,
daily, to pass all vessel traffic;
(3) The third closure period will be
from 7 a.m. on November 23rd until 9
p.m. on November 24th except that the
bridge will open at 9 a.m. and 7 p.m.,
daily, to pass all vessel traffic;
(4) The fourth closure period will be
a total closure from 7 a.m. on November
30th until 7 p.m. on December 4th; there
will be no openings during this period;
(5) The fifth and final closure period
will be a total closure from 9 a.m. on
December 14th until 7 p.m. on
December 15th; there will be no
openings during this period. All work is
expected to be completed by 7 p.m. on
Tuesday, December 15, 2015.
Any changes to the scheduled closure
times will be announced through the
Local Notice to Mariners or through a
broadcast. The traffic on the Tchefuncta
River is primarily recreational with
minimal commercial traffic. The
contractor approached each marina and
business that could possibly be
impacted and forwarded them a copy of
the work schedule. No negative
comments were noted.
Vessels able to pass through the
bridge in the closed-to-navigation
position may do so at anytime. The
bridge will not be able to open for
emergencies and there is no immediate
alternate route for vessels to pass. The
asabaliauskas on DSK5VPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
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17:27 Oct 23, 2015
Jkt 238001
Coast Guard will also inform the users
of the waterways through our Local and
Broadcast Notices to Mariners of the
change in operating schedule for the
bridge so that vessels can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the designated time periods. This
deviation from the operating regulations
is authorized under 33 CFR 117.35.
Dated: October 20, 2015.
David M. Frank,
Bridge Administrator, Eighth Coast Guard
District.
[FR Doc. 2015–27131 Filed 10–23–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0904]
RIN 1625–AA09
Drawbridge Operation Regulation;
Atlantic Intracoastal Waterway, John F.
Kennedy Space Center/NASA Parkway
Bridge, Addison Point, FL
Notice of deviation from
drawbridge regulation.
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the John F.
Kennedy Space Center/NASA Parkway
Bridge across the Atlantic Intracoastal
Waterway, mile 885.0, Addison Point,
FL. For the safety of the participants,
this temporary operating schedule will
allow the bridge to not open to
navigation including tugs with tows,
during the Rocketman Triathlon in
November.
SUMMARY:
This deviation is effective from
7:30 a.m. on November 15, 2015 through
3 p.m. November 15, 2015.
ADDRESSES: The docket for this
deviation, [USCG–2015–0904] is
available at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this temporary
deviation, call or email LT Storm, Coast
Guard Sector Jacksonville, Chief,
Prevention Office; telephone 904–564–
7563, email Allan.h.storm@uscg.mil.
SUPPLEMENTARY INFORMATION: In order to
accommodate the annual Triathlon, a
temporary schedule deviation has been
authorized for the John F. Kennedy
Space Center (NASA) Parkway Bridge,
DATES:
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Fmt 4700
Sfmt 4700
across the Atlantic Intracoastal
Waterway, mile 885.0 at Addison Point,
FL. This deviation is in effect from 7:30
a.m. to 3 p.m. on November 15, 2015.
During this time, the bridge shall remain
closed to navigation, including tugs
with tows. Currently, the bridge opens
as required per 33 CFR 117.261(l). The
regulation changes may have a minor
impact on vessels transiting the Atlantic
Intracoastal Waterway in the vicinity of
Addison Point, FL, but will still meet
the reasonable needs of navigation.
The John F. Kennedy Space Center
(NASA) Parkway Bridge provides a
vertical clearance of 27 feet at mean
high water in the closed position and a
horizontal clearance of 90 feet. Vessels
able to pass through the bridge in the
closed position may do so at anytime.
The bridge will be able to open for
emergencies. The Coast Guard will
inform users of the waterways through
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessels can arrange
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately
following the end of the effective period
of this temporary deviation. This
deviation from the normal operating
regulations is authorized under 33 CFR
117.35.
Dated: 21 October 2015.
Barry Dragon,
Director, Bridge Administration, Seventh
Coast Guard District.
[FR Doc. 2015–27115 Filed 10–23–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2015–0970]
Drawbridge Operation Regulation;
Houma Navigation Canal, Mile 36.0, at
Houma, Terrebonne Parish, LA
Coast Guard, DHS.
Notice of deviation from
regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the SR 661 Swing
Bridge across the Houma Navigation
Canal, mile 36.0, in Houma, Terrebonne
Parish, Louisiana. The deviation is
necessary to conduct scheduled metal
repairs and maintenance. This deviation
allows the bridge to remain closed-to-
SUMMARY:
E:\FR\FM\26OCR1.SGM
26OCR1
Agencies
[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Rules and Regulations]
[Pages 65137-65138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27131]
=======================================================================
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[USCG-2015-0964]
Drawbridge Operation Regulations; Tchefuncta River, Madisonville,
LA
AGENCY: Coast Guard, DHS.
ACTION: Notice of deviation from regulations.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the SR 22 Bridge over the Tchefuncta
River, mile 2.5, at Madisonville, St. Tammany Parish, Louisiana. This
deviation is necessary to complete scheduled maintenance of the bridge.
This deviation allows the bridge to remain closed to navigation for
approximately six weeks while allowing for two scheduled openings on
scheduled work days except for a five-day period and a 36-hour period,
both in December, when there will be complete closures. The bridge will
operate normally on non-scheduled work days and on weekends.
DATES: This deviation is effective from 7 a.m. on November 2, 2015
until 7 p.m. on December 15, 2015.
ADDRESSES: The docket for this deviation, [USCG-2015-0964] is available
at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Jim Wetherington, D8 Bridge
Administration Branch, Coast Guard; telephone 504-671-2128, email
james.r.wetherington@uscg.mil.
[[Page 65138]]
SUPPLEMENTARY INFORMATION: Coastal Bridge Company, LLC, on behalf of
Louisiana Department of Transportation and Development (LDOTD),
requested a deviation from the operating regulation for the SR 22
Bridge across the Tchefuncta River, mile 2.5, at Madisonville, St.
Tammany Parish, Louisiana. The SR 22 Bridge is a swing bridge with a
vertical clearance of 6.2 feet above Mean High Water (MHW) in the
closed-to-navigation position and unlimited clearance in the open-to-
navigation position. The operation of this bridge is currently governed
by 33 CFR 117.500.
The closure is necessary for mechanical and electrical
rehabilitation of the bridge. The deviation from the operating
regulations will be in effect from Monday, November 2, 2015 until
Tuesday, December 15, 2015, except for weekends. Within this time frame
there will be multiple closure periods, deviating from the regular
operating schedule, as follows:
(1) The first closure period will be from 7 a.m. on November 9th,
until 7 p.m. on November 13th, 2015, except that the bridge will open
at 9 a.m. and 7 p.m., daily, to pass all vessel traffic;
(2) The second closure period will be from 7 a.m. on November 16th
until 9 p.m. on November 17th except that the bridge will open at 9
a.m. and 7 p.m., daily, to pass all vessel traffic;
(3) The third closure period will be from 7 a.m. on November 23rd
until 9 p.m. on November 24th except that the bridge will open at 9
a.m. and 7 p.m., daily, to pass all vessel traffic;
(4) The fourth closure period will be a total closure from 7 a.m.
on November 30th until 7 p.m. on December 4th; there will be no
openings during this period;
(5) The fifth and final closure period will be a total closure from
9 a.m. on December 14th until 7 p.m. on December 15th; there will be no
openings during this period. All work is expected to be completed by 7
p.m. on Tuesday, December 15, 2015.
Any changes to the scheduled closure times will be announced
through the Local Notice to Mariners or through a broadcast. The
traffic on the Tchefuncta River is primarily recreational with minimal
commercial traffic. The contractor approached each marina and business
that could possibly be impacted and forwarded them a copy of the work
schedule. No negative comments were noted.
Vessels able to pass through the bridge in the closed-to-navigation
position may do so at anytime. The bridge will not be able to open for
emergencies and there is no immediate alternate route for vessels to
pass. The Coast Guard will also inform the users of the waterways
through our Local and Broadcast Notices to Mariners of the change in
operating schedule for the bridge so that vessels can arrange their
transits to minimize any impact caused by the temporary deviation.
In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time periods. This deviation from the operating regulations is
authorized under 33 CFR 117.35.
Dated: October 20, 2015.
David M. Frank,
Bridge Administrator, Eighth Coast Guard District.
[FR Doc. 2015-27131 Filed 10-23-15; 8:45 am]
BILLING CODE 9110-04-P