59568 Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Rules and Regulations

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–225–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Regulatory Impact

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

For the reasons discussed above, I

certify that this action (1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979); and (3)

will not have a significant economic

impact, positive or negative, on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act. A final evaluation has

been prepared for this action and it is

contained in the Rules Docket. A copy

of it may be obtained from the Rules

Docket at the location provided under

the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

97–23–03 British Aerospace Regional

Aircraft [Formerly Jetstream Aircraft

Limited, British Aerospace (Commercial

Aircraft] Limited]: Amendment 39–

10191. Docket 97–NM–225–AD.

Applicability: Jetstream Model HS 748

series airplanes on which Modification 7513

has been accomplished; certificated in any

category.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

otherwise modified, altered, or repaired in

the area subject to the requirements of this

AD. For airplanes that have been modified,

altered, or repaired so that the performance

of the requirements of this AD is affected, the

owner/operator must request approval for an

alternative method of compliance in

accordance with paragraph (b) of this AD.

The request should include an assessment of

the effect of the modification, alteration, or

repair on the unsafe condition addressed by

this AD; and, if the unsafe condition has not

been eliminated, the request should include

specific proposed actions to address it.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the bearing cap

attachment bolts, which could result in

detachment of the bearing caps and

consequent collapse of the nose landing gear

on landing, accomplish the following:

(a) Within 100 landings after the effective

date of this AD, perform a one-time visual

inspection of the retraction jack mounting

brackets in the nose landing gear bay to

determine the type of attachment bolts

installed on the bracket bearing caps, in

accordance with Jetstream Service Bulletin

HS748–53–59–INSP, dated May 4, 1994. If

any series A111 bolt or any other hexagonal

head bolt is found, prior to further flight,

replace that bolt with a new 12-point, starshaped bolt having part number A228E18H

or MS21250H04018, and washer having part

number 8D14776; in accordance with the

service bulletin.

(b) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager,

International Branch, ANM–116, FAA,

Transport Airplane Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, International Branch,

ANM–116.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) The actions shall be accomplished in

accordance with Jetstream Service Bulletin

HS748–53–59–INSP, dated May 4, 1994. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from

Jetstream Aircraft, Inc., 13850 McLearen

Road, Herndon, Virginia 20171. Copies may

be inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(e) This amendment becomes effective on

November 19, 1997.

Note 3: The subject of this AD is addressed

in British airworthiness directive 007–05–94.

Issued in Renton, Washington, on October

29, 1997.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 97–29113 Filed 11–3–97; 8:45 am]

BILLING CODE 4910–13–U

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

29 CFR Part 2204

Amendment of the Commission’s

Equal Access to Justice Rules

AGENCY: Occupational Safety and Health

Review Commission.

ACTION: Final rule.

SUMMARY: This document amends the

Occupational Safety and Health Review

Commission’s procedural rules on

eligibility under the equal Access to

Justice Act by adding a paragraph

requiring that the net worth and number

of employees of an applicant shall be

aggregated with those of its affiliates,

unless to do so would be unfair and

contrary to the purposes of the Equal

Access to Justice Act. This amendment

will minimize extra unnecessary

collateral litigation and bring the

Commission into conformity with the

corresponding rule adopted by most

other federal agencies. This document

also changes the shortened reference to

the Equal Access to Justice Act used in

this Part to read, as it is commonly

referred to, ‘‘EAJA.’’

DATES: Effective November 4, 1997.

FOR FURTHER INFORMATION CONTACT:

Earl R. Ohman, Jr., General Counsel,

(202) 606–5410, Occupational Safety

and Health Review Commission, 1120

20th Street, N.W., Ninth Floor,

Washington, DC 20036–3419.

SUPPLEMENTARY INFORMATION: On August

11, 1997, the Commission published in
Federal Register / Vol. 62, No. 213 / Tuesday, November 4, 1997 / Rules and Regulations 59569

the Federal Register a proposed new

paragraph (f) to add to 29 CFR 2204.105

containing its Rules of Procedure

concerning eligibility under the Equal

Access to Justice Act, 62 FR 42957

(August 11, 1997). The new paragraph is

based on the model rule of the (former)

Administrative Conference of the

United States, adopted in large part by

most federal agencies, concerning

aggregation of the net worth and number

of employees of the applicant with those

of its affiliates. At the same time, the

Commission also proposed to change all

references to the ‘‘EAJ Act’’ in 29 CFR

Part 2204 to read ‘‘EAJA’’ to conform to

the common shortened reference term

for the Equal Access to Justice Act. The

only comments that the Commission

received were from the Office of the

Solicitor, U.S. Department of Labor,

which supports the changes as

proposed. The Commission thanks that

office for its time and interest.

List of Subjects in 29 CFR Part 2204

Claims, Equal access to justice,

Lawyers.

For the reasons set forth in the

preamble, the Occupational Safety and

Health Review Commission amends

Title 29, Chapter XX, Part 2204 of the

Code of Federal Regulations to read as

follows:

PART 2204—IMPLEMENTATION OF

THE EQUAL ACCESS TO JUSTICE

ACT IN PROCEEDINGS BEFORE THE

OCCUPATIONAL SAFETY AND

HEALTH REVIEW COMMISSION

1. The authority citation for Part 2204

continues to read as follows:

Authority: Sec. 203(a)(1), Pub. L. 96–481,

94 Stat. 2325 (5 U.S.C. 504(c)(1)); Pub. L. 99–

80, 99 Stat. 183.

PART 2204—[AMENDED]

2. All references in Part 2204 to ‘‘EAJ

Act’’ are revised to read ‘‘EAJA’’

wherever they appear.

3. A new paragraph (f) is added to

§ 2204.105 to read as follows:

§ 2204.105 Eligibility of applicants.

* * * * *

(f) The net worth and number of

employees of the applicant and all of its

affiliates shall be aggregated to

determine eligibility. Any individual,

corporation, or other entity that directly

or indirectly controls or owns a majority

of the voting shares or other interest of

the applicant, or any corporation or

other entity of which the applicant

directly or indirectly owns or controls a

majority of the voting shares or other

interest, will be considered an affiliate

for purposes of this part, unless such

treatment would be unjust and contrary

to the purposes of the EAJA in light of

the actual relationship between the

affiliated entities. In addition, financial

relationships of the applicant other than

those described in this paragraph may

constitute special circumstances that

would make an award unjust.

Dated: October 29, 1997.

Stuart E. Weisberg,

Chairman.

Daniel Guttman,

Commissioner.

[FR Doc. 97–29101 Filed 11–3–97; 8:45 am]

BILLING CODE 7600–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 914

[SPATS No. IN–134–FOR; State Program

Amendment No. 95–12]

Indiana Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving with

certain exceptions a proposed

amendment to the Indiana regulatory

program (hereinafter referred to as the

‘‘Indiana program’’) under the Surface

Mining Control and Reclamation Act of

1977 (SMCRA). Indiana proposed

revisions to the Indiana Surface Coal

Mining and Reclamation Act (ISMCRA)

as enacted by the Indiana General

Assembly (1995) in Senator Enrolled

Act 125 (SEA 125). The proposed

amendment, concerning the submittal of

affected area status reports and

performance bonding, is intended to

revise the Indiana program to be

consistent with SMCRA and incorporate

State initiatives.

EFFECTIVE DATE: November 4, 1997.

FOR FURTHER INFORMATION CONTACT:

Andrew R. Gilmore, Director,

Indianapolis Field Office, Office of

Surface Mining Reclamation and

Enforcement, Minton-Capehart Federal

Building, 575 North Pennsylvania

Street, Room 301, Indianapolis, IN

46204–1521, Telephone (317) 226–6166.

SUPPLEMENTARY INFORMATION:

I. Background on the Indiana Program

II. Submission of the Proposed Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

VI. Procedural Determinations

I. Background on the Indiana Program

On July 29, 1982, the Secretary of the

Interior conditionally approved the

Indiana program. Background

information on the Indiana program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval can be found in

the July 26, 1982, Federal Register (47

FR 32107). Subsequent actions

concerning the conditions of approval

and program amendments can be found

at 30 CFR 914.10, 914.15, and 914.16.

II. Submission of the Proposed

Amendment

By letter dated September 11, 1995

(Administrative Record No. IND–1510),

the Indiana Department of Natural

Resources (IDNR) submitted a proposed

amendment to its program pursuant to

SMCRA. Indiana submitted the

proposed amendment as its own

initiative. SEA 125 amends ISMCRA by

adding new sections and revising

existing sections, concerning affected

area status reports and performance

bonding, to recodified Indiana Code (IC)

14–8. The provisions of the ISMCRA

that Indiana proposes to add at

recodified IC 14–8 are: IC 14–8–42.5,

definition of ‘‘collateral’’; IC 14–8–2–

49.5, definition of ‘‘comparative balance

sheet’’; IC 14–8–2–49.6, definition of

‘‘comparative income statement’’; IC 14–

8–2–274.5, definition of ‘‘Surface

Mining Control and Reclamation Act.’’

The provisions of the ISMCRA that

Indiana proposes to revise or add at

recodified IC 14–34 are: IC 14–34–5–10,

affected area status reports; IC 14–34–6–

14.3 and IC 14–34–14.6, general

requirements of performance bonding;

IC 14–34–7–0.5, definition of

‘‘collateral’’; IC 14–34–7–0.6, definition

of ‘‘comparative balance sheet’’; IC 14–

34–7–0.7, definition of ‘‘comparative

income statement’’; IC 14–34–7–2.5,

definition of ‘‘Surface Mining Control

and Reclamation Act’’; IC 14–34–7–1,

definition of ‘‘liabilities’’; IC–14–34–7–

4(b), definition of ‘‘current liabilities’’;

IC 14–34–7–4(d), conditions for selfbonding; IC 14–34–7–4(e), (f) and (g),

additional conditions for self-bonding;

IC 14–34–7–4.1, replacement of selfbonds; IC 14–34–7–5, corporate

guarantee; IC 14–34–7–7, indemnity

agreement conditions; IC 14–34–7–7.1,

use of collateral to support a self-bond;

IC 14–34–7–8, information requirements

for self-bonding; IC 14–34–7–9,

requirements for a change in financial

conditions; IC 14–34–7–10, self-bonding

report requirements; IC 14–34–7–11,

self-bond coverage requirements: IC 14–

34–7–12, self-bond Phase I grading