29342 Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /Rules and Regulations

restructuring, the borrower may revoke

the reaffirmation subject to the

provisions of the Bankruptcy Code. No

reaffirmation is necessary for any

discharged chapter 7 borrower to be

eligible for preservation loan servicing

in accordance with 7 CFR part 1951,

subpart S.

(b) Borrower defaults on plan or

bankruptcy is dismissed—(1) 90 days

past due on a reorganization plan while

still under court jurisdiction.

(i) If allowed by the Bankruptcy Code

or court, the borrower and the

borrower’s attorney, if any, will be

notified of any remaining servicing

options under 7 CFR part 1951, subpart

S, that were not exhausted prior to filing

bankruptcy or during the bankruptcy

proceedings according to paragraph (a)

of this section.

(ii) No notices will be sent if the

account was previously accelerated,

such action is inconsistent with the

provisions of the confirmed bankruptcy

plan or the Bankruptcy Code, or the case

has been referred to the Department of

Justice.

(iii) If a borrower operating under a

confirmed bankruptcy plan desires to

apply for loan servicing and qualifies for

servicing under 7 CFR part 1951,

subpart S, the borrower must also

comply with Bankruptcy Code rules and

requirements concerning modification

of the plan.

(2) Bankruptcy is dismissed without a

confirmed plan. If the borrower’s

bankruptcy is dismissed without a

confirmed plan, and the borrower is in

default on Farm Loan Programs loans,

the borrower’s account will be

liquidated after all remaining servicing

options under 7 CFR part 1951, subpart

S are exhausted. The borrower will be

notified of any servicing options

remaining according to 7 CFR part 1951,

subpart S. Notwithstanding the previous

sentence, no notices will be sent if the

account was previously accelerated, the

Agency is advised that such an act is

inconsistent with the confirmed

bankruptcy plan or the Bankruptcy

Code, or the account has been referred

to the Department of Justice.

(3) Bankruptcy is dismissed after a

confirmed reorganization plan. If a

bankruptcy is dismissed after a

reorganization plan was confirmed, the

account will be serviced as follows:

(i) If the borrower has substantially

complied with the plan, but later

defaults for reasons beyond the

borrower’s control, (see 7 CFR

1951.909(c)), the borrower will be

notified of loan servicing in accordance

with 7 CFR 1951.907. No notices will be

sent if the account was previously

accelerated; such action is inconsistent

with the provisions of the confirmed

bankruptcy plan or the Bankruptcy

Code; or the case has been referred to

the Department of Justice.

(ii) If the borrower failed to make one

full payment under the plan, or did not

comply with the plan for reasons not

beyond the borrower’s control, the

borrower will be serviced according to

paragraph (b)(2) of this section.

(c) Servicing of bankruptcy loans after

the case is closed. In chapter 11, 12, or

13 cases after the case is closed and the

discharge order is issued by the court,

if the borrower becomes delinquent after

performing as agreed under the plan, the

borrower will be sent a notice

explaining the loan servicing options

available under 7 CFR part 1951,

subpart S. The borrower’s attorney of

record will be sent a courtesy copy if the

bankruptcy has not been closed for at

least 2 years. No notices will be sent if

the account has been accelerated, such

act is inconsistent with the provisions of

a confirmed bankruptcy plan or other

provisions of the Bankruptcy Code, or

the account has been referred to the

Department of Justice.

(d) Liquidation. The account will be

liquidated after obtaining any necessary

relief, if required, from the automatic

stay. In chapter 7 cases after discharge,

the account can be liquidated if the debt

has not been reaffirmed and the

property is no longer part of the estate.

Liquidation can proceed prior to

discharge if allowed by the court.

(1) If the borrower or borrower’s

attorney was not previously notified of

any remaining servicing options

available under 7 CFR part 1951,

subpart S before or during the course of

the bankruptcy proceedings, the

borrower and the borrower’s attorney

will be sent the notices referenced in

paragraph (c) of this section prior to

liquidating any security property.

(2) If the borrower or the borrower’s

attorney had been previously notified of

loan servicing options remaining, the

account will be liquidated.

3. Exhibit D of subpart A is removed

and reserved.

Signed in Washington, D.C., on March 21,

1998.

August Schumacher, Jr.,

Under Secretary for Farm and Foreign

Agricultural Services.

Signed in Washington, D.C., on April 6,

1998.

Jill Long Thompson,

Under Secretary for Rural Development.

[FR Doc. 98–14007 Filed 5–28–98; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 97

[Docket No. 98–051–1]

Commuted Traveltime Periods:

Overtime Services Relating to Imports

and Exports

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the

regulations concerning overtime

services provided by employees of

Veterinary Services for travel from

Champlain, NY, to Highgate, VT.

Commuted traveltime allowances are

the periods of time required for

Veterinary Services employees to travel

from their dispatch points and return

there from the places where they

perform Sunday, holiday, or other

overtime duty. The Government charges

a fee for certain overtime services

provided by Veterinary Services

employees and, under certain

circumstances, the fee may include the

cost of commuted traveltime. This

action is necessary to inform the public

of commuted traveltime for these

locations.

EFFECTIVE DATE: May 29, 1998.

FOR FURTHER INFORMATION CONTACT: Ms.

Louise Rakestraw Lothery, Director,

Resource Management Support, VS,

APHIS, 4700 River Road Unit 44,

Riverdale, MD 20737, (301) 734–7517.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR, chapter I,

subchapter D, and 7 CFR, chapter III,

require inspection, laboratory testing,

certification, or quarantine of certain

animals, animal products, plants, plant

products, or other commodities

intended for importation into, or

exportation from, the United States.

When these services must be provided

by an employee of Veterinary Services

(VS) on a Sunday or holiday, or at any

other time outside the VS employee’s

regular duty hours, the Government

charges a fee for the services in

accordance with 9 CFR part 97. Under

circumstances described in 97.1(a), this

fee may include the cost of commuted

traveltime. Section 97.2 contains

administrative instructions prescribing

commuted traveltime allowances, which

reflect, as nearly as practicable, the

periods of time required for VS

employees to travel from their dispatch

points and return there from the places
Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /Rules and Regulations 29343

where they perform Sunday, holiday, or

other overtime duty.

We are amending 97.2 of the

regulations by adding and removing

commuted traveltime allowances for

travel between locations in New York

and Vermont. The amendments are set

forth in the rule portion of this

document. This action is necessary to

inform the public of the commuted

traveltime between the dispatch and

service locations.

Effective Date

The commuted traveltime allowances

appropriate for employees performing

services at ports of entry, and the

features of the reimbursement plan for

recovering the cost of furnishing port of

entry services, depend upon facts

within the knowledge of the Department

of Agriculture. It does not appear that

public participation in this rulemaking

proceeding would make additional

relevant information available to the

Department.

Accordingly, pursuant to the

administrative procedure provisions in

5 U.S.C. 553, we find upon good cause

that prior notice and other public

procedure with respect to this rule are

impracticable and unnecessary; we also

find good cause for making this rule

effective less than 30 days after

publication of this document in the

Federal Register.

Executive Order 12866 and Regulatory

Flexibility Act

This final rule has been reviewed

under Executive Order 12866. For this

action, the Office of Management and

Budget has waived its review process

required by Executive Order 12866.

The number of requests for overtime

services of a VS employee at the

locations affected by our rule represents

an insignificant portion of the total

number of requests for these services in

the United States.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12988

This final rule has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is intended to

have preemptive effect with respect to

any State or local laws, regulations, or

policies that conflict with its provisions

or that would otherwise impede its full

implementation. This rule is not

intended to have retroactive effect.

There are no administrative procedures

that must be exhausted prior to any

judicial challenge to the provisions of

this rule or the application of its

provisions.

Paperwork Reduction Act

This rule contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 9 CFR Part 97

Exports, Government employees,

Imports, Livestock, Poultry and poultry

products, Travel and transportation

expenses.

Accordingly, 9 CFR part 97 is

amended as follows:

PART 97—OVERTIME SERVICES

RELATING TO IMPORTS AND

EXPORTS

1. The authority citation for part 97

continues to read as follows:

Authority: 7 U.S.C. 2260; 49 U.S.C. 1741;

7 CFR 2.22, 2.80, and 371.2(d).

2. Section 97.2 is amended by

removing or adding in the table, in

alphabetical order, the following entries

to read as follows:

§ 97.2 Administrative instructions

prescribing commuted traveltime.

* * * * *

COMMUTED TRAVELTIME ALLOWANCES

[In hours]

Location covered Served from

Metropolitan area

Within Outside

[Remove]

* * * * * * *

New York

* * * * * * *

Champlain .................................................................. Highgate, VT ..................................................................... 2 ....................

* * * * * * *

[Add]

* * * * * * *

New York

Champlain .................................................................. Highgate Springs, VT ....................................................... .................... 2

* * * * * * *
29344 Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 /Rules and Regulations

Done in Washington, DC, this 22nd day of

May 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–14259 Filed 5–28–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–102–AD; Amendment

39–10549; AD 98–11–24]

RIN 2120–AA64

Airworthiness Directives; Short

Brothers Model SD3–30, SD3–60, SD3–

SHERPA, and SD3–60 SHERPA Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Short Brothers Model

SD3–30, SD3–60, SD3–SHERPA, and

SD3–60 SHERPA series airplanes. This

amendment requires revising the

Airplane Flight Manual (AFM) to

modify the limitation that prohibits

positioning the power levers below the

flight idle stop during flight, and to

provide a statement of the consequences

of positioning the power levers below

the flight idle stop during flight. This

amendment is prompted by incidents

and accidents involving airplanes

equipped with turboprop engines in

which the ground propeller beta range

was used improperly during flight. The

actions specified by this AD are

intended to prevent loss of airplane

controllability, or engine overspeed and

consequent loss of engine power caused

by the power levers being positioned

below the flight idle stop while the

airplane is in flight.

EFFECTIVE DATE: July 6, 1998.

ADDRESSES: Information pertaining to

this amendment may be examined at the

Federal Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Mark Quam, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue SW., Renton,

Washington 98055–4056; telephone

(425) 227–2145; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all Short Brothers

Model SD3–30, SD3–60, SD3–SHERPA,

and SD3–60 SHERPA series airplanes

was published in the Federal Register

on March 27, 1998 (63 FR 14859). That

action proposed to require revising the

Limitations Section of the Airplane

Flight Manual (AFM) to modify the

limitation that prohibits positioning the

power levers below the flight idle stop

while the airplane is in flight, and to

add a statement of the consequences of

positioning the power levers below the

flight idle stop while the airplane is in

flight.

Comments

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were submitted in response

to the proposal or the FAA’s

determination of the cost to the public.

Conclusion

The FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Interim Action

This is considered interim action

until final action is identified, at which

time the FAA may consider further

rulemaking.

Cost Impact

The FAA estimates that 148 Short

Brothers Model SD3–30, SD3–60, SD3–

SHERPA, and SD3–60 SHERPA series

airplanes of U.S. registry will be affected

by this AD, that it will take

approximately 1 work hour per airplane

to accomplish the required actions, and

that the average labor rate is $60 per

work hour. Based on these figures, the

cost impact of the AD on U.S. operators

is estimated to be $8,880, or $60 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

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, 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:

98–11–24 Short Brothers PLC: Amendment

39–10549. Docket 97–NM–102–AD.

Applicability: All Model SD3–30, SD3–60,

SD3–SHERPA, and SD3–60 SHERPA series

airplanes; certificated in any category.

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 (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 loss of airplane controllability

caused by the power levers being positioned