Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations 41271

FOR FURTHER INFORMATION CONTACT:

Thomas W. Sadler, Senior Attorney,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611,

(312) 751–4513, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Section

8(b) of Pub. L. 101–552, enacted

November 15, 1990, amended section

3711 of title 31 of the United States

Code to increase from $20,000 to

$100,000 (or a higher amount if so

prescribed by the Attorney General) the

amount of a claim that an agency is

authorized to compromise. Consistent

with the change in the law, the Board

is amending § 340.13 of its regulations

under the Railroad Unemployment

Insurance Act to reflect this change in

law.

Because all Federal agencies must

comply with Federal claims collection

provisions the Board is publishing this

rule as an interim final rule, rather than

a proposed rule. However, any person

wishing to comment on this rule may do

so within 60 days of the date of this

publication in the Federal Register.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a major

rule for the purposes of Executive Order

12866. Therefore, no regulatory analysis

is required. This rule does not involve

any information collection

requirements.

List of Subjects in 20 CFR Part 340

Railroad employees, Railroad

unemployment benefits.

For the reasons set out in the

preamble, title 20, chapter II, part 340 of

the Code of Federal Regulations is

amended as follows:

PART 340—RECOVERY OF BENEFITS

1. The authority for part 340

continues to read as follows:

Authority: 45 U.S.C. 362(l).

§ 340.13 Compromise of amounts

recoverable.

2. Section 340.13, Compromise of

amounts recoverable, is amended by

removing ‘‘$20,000.’’ at the end of the

first sentence and adding in lieu thereof

‘‘$100,000, excluding interest, or such

higher amount as the Attorney General

may from time to time prescribe.’’

* * *

Dated: July 25, 1997.

By Authority of the Board, for the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 97–20359 Filed 7–31–97; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 178

[Docket No. 95F–0170]

Indirect Food Additives: Adjuvants,

Production Aids, and Sanitizers

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of 2,4-dimethyl-6-(1-

methylpentadecyl)phenol as an

antioxidant and/or stabilizer in

acrylonitrile-butadiene-styrene

copolymers and in rigid polyvinyl

chloride intended for food-contact

applications. This action is in response

to a petition filed by Ciba-Geigy Corp.

DATES: Effective August 1, 1997. Written

objections and requests for a hearing by

September 2, 1997.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Mark A. Hepp, Center for Food Safety

and Applied Nutrition (HFS–215), Food

and Drug Administration, 200 C St. SW.,

Washington, DC 20204, 202–418–3098.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

July 12, 1995 (60 FR 35913), FDA

announced that a food additive petition

(FAP 5B4468) had been filed by CibaGeigy Corp., Seven Skyline Dr.,

Hawthorne, NY 10532–2188. The

petition proposed to amend the food

additive regulations in § 178.2010

Antioxidants and/or stabilizers for

polymers (21 CFR 178.2010) to provide

for the safe use of 2,4-dimethyl-6-(1-

methylpentadecyl)phenol as an

antioxidant and/or stabilizer in

acrylonitrile-butadiene-styrene

copolymers and in rigid polyvinyl

chloride intended for food-contact

applications.

FDA has evaluated data in the

petition and other relevant material.

Based on this information, the agency

concludes that the proposed use of the

additive as an antioxidant and/or

stabilizer in acrylonitrile-butadienestyrene copolymers and in rigid

polyvinyl chloride intended for foodcontact applications is safe and that the

additive will have the intended

technical effect. Therefore, the

regulations in § 178.2010 should be

amended as set forth below.

In accordance with § 171.1(h) (21 CFR

171.1(h)), the petition and the

documents that FDA considered and

relied upon in reaching its decision to

approve the petition are available for

inspection at the Center for Food Safety

and Applied Nutrition by appointment

with the information contact person

listed above. As provided in § 171.1(h),

the agency will delete from the

documents any materials that are not

available for public disclosure before

making the documents available for

inspection.

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that the

action will not have a significant impact

on the human environment, and that an

environmental impact statement is not

required. The agency’s finding of no

significant impact and the evidence

supporting that finding, contained in an

environmental assessment, may be seen

in the Dockets Management Branch

(address above) between 9 a.m. and 4

p.m., Monday through Friday. No

comments were received during the 30-

day comment period specified in the

filing notice for comments on the

environmental assessment submitted

with the petition.

Any person who will be adversely

affected by this regulation may at any

time on or before September 2, 1997, file

with the Dockets Management Branch

(address above) written objections

thereto. Each objection shall be

separately numbered, and each

numbered objection shall specify with

particularity the provisions of the

regulation to which objection is made

and the grounds for the objection. Each

numbered objection on which a hearing

is requested shall specifically so state.

Failure to request a hearing for any

particular objection shall constitute a

waiver of the right to a hearing on that

objection. Each numbered objection for

which a hearing is requested shall

include a detailed description and

analysis of the specific factual

information intended to be presented in

support of the objection in the event

that a hearing is held. Failure to include

such a description and analysis for any

particular objection shall constitute a

waiver of the right to a hearing on the

objection. Three copies of all documents

shall be submitted and shall be

identified with the docket number

found in brackets in the heading of this

document. Any objections received in

response to the regulation may be seen

in the Dockets Management Branch

between 9 a.m. and 4 p.m., Monday

through Friday.
41272 Federal Register / Vol. 62, No. 148 / Friday, August 1, 1997 / Rules and Regulations

List of Subjects in 21 CFR Part 178

Food additives, Food packaging.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Director, Center for Food Safety and

Applied Nutrition, 21 CFR part 178 is

amended as follows:

PART 178—INDIRECT FOOD

ADDITIVES: ADJUVANTS,

PRODUCTION AIDS, AND SANITIZERS

1. The authority citation for 21 CFR

part 178 continues to read as follows:

Authority: Secs. 201, 402, 409, 721 of the

Federal Food, Drug, and Cosmetic Act (21

U.S.C. 321, 342, 348, 379e).

2. Section 178.2010 is amended in the

table in paragraph (b) by alphabetically

adding a new entry under the headings

‘‘Substances’’ and ‘‘Limitations’’ to read

as follows:

§ 178.2010 Antioxidants and/or stabilizers

for polymers.

* * * * *

(b) * * *

Substances Limitations

* * * * * * *

2,4-Dimethyl-6-(1-methylpentadecyl)phenol (CAS Reg. No. 134701–20–

5)

For use only:

1. At levels not to exceed 0.3 percent by weight of acrylonitrile-butadiene-styrene copolymers used in accordance with applicable regulations in parts 175, 176, 177, and 181 of this chapter, under conditions of use C through H as described in Table 2 of § 176.170(c) of

this chapter.

2. At levels not to exceed 0.033 percent by weight of rigid polyvinyl

chloride, under conditions of use A through H as described in Table

2 of § 176.170(c) of this chapter.

* * * * * * *

Dated: July 24, 1997.

Fred R. Shank,

Director, Center for Food Safety and Applied

Nutrition.

[FR Doc. 97–20390 Filed 7-31-97; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

Implantation or Injectable Dosage

Form New Animal Drugs

CFR Correction

In Title 21 of the Code of Federal

Regulations, parts 500 to 599, revised as

of April 1, 1997, on page 270, in the

second column, in § 522.2610(b)(2),

‘‘017220’’ should read ‘‘011716’’.

BILLING CODE 1505-01-D

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8727]

RIN 1545–AV23

Remedial Amendment Period

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Final and temporary

regulations.

SUMMARY: This document contains final

and temporary regulations relating to

the remedial amendment period, during

which a sponsor of a qualified

retirement plan or an employer that

maintains a qualified retirement plan

can make retroactive amendments to the

plan to eliminate certain qualification

defects for the entire period. These final

and temporary regulations clarify the

scope of the Commissioner’s authority

to provide relief from plan

disqualification under the regulations,

to enable the Commissioner to provide

appropriate relief for plan amendments

relating to changes to the plan

qualification rules made in the Small

Business Job Protection Act of 1996 and

the Uruguay Round Agreements Act of

1994. These final and temporary

regulations affect sponsors of qualified

retirement plans, and employers that

maintain qualified retirement plans. The

text of the temporary regulations also

serves as the text of the proposed

regulations set forth in the notice of

proposed rulemaking on this subject in

the Proposed Rules section of this issue

of the Federal Register.

DATES: These regulations are effective

August 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Linda S. F. Marshall, (202) 622–6030

(not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

This document contains amendments

to the Income Tax Regulations (26 CFR

part 1) under section 401(b). The

temporary regulations provide guidance

to clarify the scope of the

Commissioner’s authority to provide

relief from plan disqualification under

section 401(b) and the regulations. This

guidance will enable the Commissioner

to provide appropriate relief concerning

the timing of plan amendments relating

to changes to the plan qualification

rules made in the Small Business Job

Protection Act of 1996, Pub. L. No. 104–

188, and the Uruguay Round

Agreements Act of 1994, Pub. L. No.

103–465, as well as for other plan

amendments that may be needed as a

result of future changes to the Internal

Revenue Code.

Explanation of Provisions

Section 401(b) provides that a plan is

considered to satisfy the qualification

requirements of section 401(a) for the

period beginning with the date on

which it was put into effect, or for the

period beginning with the earlier of the

date on which any amendment that

caused the plan to fail to satisfy those

requirements was adopted or put into

effect, and ending with the time

prescribed by law for filing the

employer’s return for the taxable year in

which that plan or amendment was

adopted (including extensions) or such

later time as the Secretary may

designate. The relief provided under

section 401(b) applies only if all

provisions of the plan needed to satisfy

the qualification requirements are in

effect by the end of the specified period

and have been made effective for all

purposes for the entire period.

Section 1.401(b)-1(b) lists the plan

provisions that may be amended