66498 Federal Register / Vol. 65, No. 215 / Monday, November 6, 2000 / Rules and Regulations

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:

2000–22–09 British Aerospace Regional

Aircraft [Formerly Jetstream Aircraft

Limited; British Aerospace (Commercial

Aircraft) Limited]: Amendment 39–

11955. Docket 99–NM–348–AD.

Applicability: Model Jetstream 4101

airplanes, certified in any category; on which

any APPH main landing gear (MLG) retract

actuator having part number AIR86496, any

suffix, is installed.

Note 1: This AD applies to each airplane

identified in the preceding applicability

provision, regardless of whether it has been

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 (c) 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 loosening of the locknut

holding the MLG piston to the ramrod, which

could result in detachment of the MLG piston

from the ramrod and loss of hydraulic control

of the MLG, accomplish the following:

Inspection and Corrective Actions

(a) Within 18 months after the effective

date of this AD: Inspect the airplane records

to determine the overhaul status and number

of landings on the left and right MLG retract

actuators, and inspect the actuators for the

presence of ink mark ‘‘32–03,’’ in accordance

with Jetstream Service Bulletin J41–32–068,

Revision 1, dated May 12, 2000.

(1) If both actuators have been overhauled

and ink mark ‘‘32–03’’ is present on each

actuator, no further action is required by this

AD.

(2) For any actuator that has been

overhauled but does not have ink mark ‘‘32–

03’’ present on the actuator: Within 2 years

after the effective date of this AD, accomplish

all applicable corrective actions for that

actuator (including inspection of locknut

peening, lockwasher replacement, and ink

marking), in accordance with Part 3 or Part

4, as applicable, of the Accomplishment

Instructions of the service bulletin.

(3) For any actuator that has not been

overhauled: Prior to further flight, or prior to

the accumulation of 8,000 total landings on

that actuator, whichever occurs later, replace

the actuator with an overhauled actuator

having ink mark ‘‘32–03’’ present, in

accordance with Part 1 or Part 2, as

applicable, of the Accomplishment

Instructions of the service bulletin.

Note 2: Jetstream Service Bulletin J41–32–

068, Revision 1, dated May 12, 2000, refers

to APPH Service Bulletin AIR86496–32–03,

Revision 2, dated March 2000, as an

additional source of service information for

the inspection of locknut peening and the

lockwasher replacement.

Spares

(b) As of the effective date of this AD, no

APPH MLG retract actuator having P/N

AIR86496, any suffix, may be installed on

any airplane unless the actuator is marked

with ink mark ‘‘32–03.’’

Alternative Methods of Compliance

(c) 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.

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 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the International Branch,

ANM–116.

Special Flight Permits

(d) 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.

Incorporation by Reference

(e) The actions shall be done in accordance

with Jetstream Service Bulletin J41–32–068,

Revision 1, dated May 12, 2000. 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 British

Aerospace Regional Aircraft American

Support, 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.

Note 4: The subject of this AD is addressed

in British airworthiness directive 007–09–99.

Effective Date

(f) This amendment becomes effective on

December 11, 2000.

Issued in Renton, Washington, on October

25, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–27946 Filed 11–3–00; 8:45 am]

BILLING CODE 4910–13–U

RAILROAD RETIREMENT BOARD

20 CFR Part 335

RIN 3220–AB44

Sickness Benefits

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board (Board) hereby amends its

regulations under the Railroad

Unemployment Insurance Act (RUIA) to

permit a ‘‘nurse practitioner’’ to execute

a statement of sickness in support of

payments of sickness benefits under the

RUIA. The Board does not currently

accept statements executed by a nurse

practitioner, which in some cases may

delay payment of benefits.

EFFECTIVE DATE: This final rule is

effective November 6, 2000.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Michael C. Litt, General Attorney, (312)

751–4929, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Section

335.2(a)(2) of the Board’s regulations

provides that in order to be entitled to

sickness benefits under the RUIA, a

claimant must provide a ‘‘statement of

sickness’’. Section 335.3(a) of this part

lists the individuals from whom the

Board will accept a statement of

sickness. That list does not currently

include nurse practitioners. Nurse

practitioners offer health care to people

throughout the United States. Their

Federal Register / Vol. 65, No. 215 / Monday, November 6, 2000 / Rules and Regulations 66499

practice emphasizes health promotion

and maintenance, disease prevention,

and the diagnosis and management of

acute and chronic diseases. Nurse

practitioners are registered nurses with

advanced education and clinical

expertise that qualifies them to diagnose

and treat illnesses and injuries. Under

current regulations, the Board does not

accept a statement of sickness or

supplemental statement of sickness

from a nurse practitioner. A claimant

who submits a statement of sickness

signed by a nurse practitioner is

informed that the statement may not be

accepted and is required to get a new

one signed by an individual listed in

§ 335.3(a). This is administratively

costly and delays the payment of

sickness benefits. Thus, the Board is

adding ‘‘nurse practitioner’’ to the list of

individuals from whom it will accept a

statement of sickness.

The Board published this rule as a

proposed rule on May 5, 2000 (65 FR

26161), and invited comments by July 5,

2000. No comments were received.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a

significant regulatory action for

purposes of Executive Order 12866.

Therefore, no regulatory analysis is

required. The information collections

contemplated by this part have been

approved by the Office of Management

and Budget under control number 3220–

0039.

List of Subjects in 20 CFR Part 335

Railroad employees, Railroad

unemployment insurance, Reporting

and recordkeeping requirements.

For the reasons set out in the

preamble, the Railroad Retirement

Board amends title 20, chapter II of the

Code of Federal Regulations as follows:

PART 335—SICKNESS BENEFITS

1. The authority citation for part 335

continues to read as follows:

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

2. Section 335.3(a) is amended as

follows:

(a) remove ‘‘or’’ at the end of

paragraph (a)(9),

(b) remove the period and add ‘‘; or’’

at the end of paragraph (a)(10), and

(c) add a new paragraph (a)(11) to

read as follows:

§ 335.3 Execution of statement of sickness

and supplemental doctor’s statement.

(a) * * *

(11) A nurse practitioner.

* * * * *

Dated: October 27, 2000.

By Authority of the Board,

Beatrice Ezerski,

For the Board, Secretary to the Board.

[FR Doc. 00–28316 Filed 11–3–00; 8:45 am]

BILLING CODE 7905–01–P

RAILROAD RETIREMENT BOARD

20 CFR Part 349

RIN 3220–AB25

Finality of Decisions Regarding

Unemployment and Sickness

Insurance Benefits

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board adopts regulations pertaining to

the finality of decisions under the

Railroad Unemployment Insurance Act

(Act). The present rules dealing with

finality of decisions under that statute

are incomplete and are contained in a

Board Order which is not readily

available to the public. Therefore, the

Board has determined that the present

rules should be revised and published

as a regulation.

EFFECTIVE DATE: This rule is effective

November 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Marguerite P. Dadabo, Senior Attorney,

Railroad Retirement Board, (312) 751–

4945, TTD (312) 751–4701.

SUPPLEMENTARY INFORMATION: The

Board’s rules and procedures regarding

the finality of decisions with respect to

benefits under the Railroad

Unemployment Insurance Act are

presently contained in a Board Order,

which is not readily available to the

public. Also the Board Order does not

contain any time limits on reopening.

The regulation addresses the finality of

benefit decisions. This final rule is

similar to part 261 of the Board’s

regulations on reopening of decisions

under the Railroad Retirement Act (20

CFR 261).

Section 349.1 describes who may

open a final decision issued by the

agency. Section 349.2 describes when a

final decision may be reopened. A final

decision may be reopened within 12

months of the date of notice of such

decision for any reason. A final decision

may also be reopened within 4 years of

the date of notice if new and material

evidence is furnished or if the decision

was not reasonably consistent with the

evidence of record at the time the

decision was made. A decision may be

reopened at any time if the decision was

obtained by fraud or similar fault, or if

the decision was that the employee was

not a qualified employee and is later

found to be one because of a correction

in his or her record of compensation, or

if the decision was wholly or partially

unfavorable to a claimant, but only to

correct clerical error or an error that

appears on the face of the evidence that

was considered when the decision was

made. See § 349.2(c).

Section 349.3 provides that a change

of legal interpretation or administrative

ruling upon which a decision was based

is not a basis for reopening.

Section 349.4 provides that a decision

may be reopened after the 1 year and 4

year time limits set forth in § 349.2 if the

Board had begun an investigation

within those time limits. However, if the

Board does not diligently pursue the

investigation, the agency will not

reopen the decision if the decision was

favorable to the claimant.

Sections 349.5–349.7 are procedural

and provide that if a decision is

reopened, the claimant will be given

notice and will have a right to

reconsideration and/or a hearing. Any

hearing shall be conducted in

accordance with part 320 of the Board’s

regulations (20 CFR 320).

Finally, § 349.8 provides that the

three-member Board has the discretion

to reopen or not to reopen any decision

under these regulations.

The Board published this rule as a

proposed rule on April 20, 2000 (65 FR

21164–21165) and invited comments by

June 19, 2000. No comments were

received. Accordingly, the proposed

rule is adopted as a final rule without

change.

The Board, with the concurrence of

the Office of Management and Budget,

has determined that this is not a

significant regulatory action under

Executive Order 12866; therefore, no

regulatory impact analysis is required.

There are no information collections

associated with this rule.

List of Subjects in 20 CFR Part 349

Railroad employees, Railroad

unemployment insurance.

For the reasons set out in the

preamble, the Railroad Retirement

Board adds a new part 349 to 20 CFR

Chapter II as follows:

PART 349—FINALITY OF DECISIONS

REGARDING UNEMPLOYMENT AND

SICKNESS INSURANCE BENEFITS

Sec.

349.1 Reopening and revising decisions.

349.2 Conditions for reopening.

349.3 Change of legal interpretation or

administrative ruling.

349.4 Late completion of timely

investigation.

349.5 Notice of revised decision.