Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations 29547

the lighting system as the cause of the

unsafe condition; this AD addresses

chafed wires in the 28VdC supply side

of the lighting system as the cause of the

unsafe condition. Therefore, the FAA

finds that it is logical and practical that

the actions required to correct the

unsafe condition are not necessarily

identical to each other.

Conclusion

After careful review of the available

data, including the comments noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 73 de

Havilland Model DHC–8–102, –103, and

301 series airplanes of U.S. registry will

be affected by this proposed AD, that it

will take approximately 30 work hours

per airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will cost approximately $250 per

airplane. Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $149,650, or $2,050 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, 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:

98–11–21 De Havilland, Inc.: Amendment

39–10546. Docket 96–NM–58–AD.

Applicability: Model DHC–8–102, –103,

and –301 series airplanes; serial numbers 002

though 010 inclusive, 012 through 201

inclusive, 203 through 209 inclusive, 211

through 215 inclusive, 217 through 220

inclusive, 222, and 223; on which de

Havilland Modification 8/1114 or 8/1110

(reference de Havilland Service Bulletin S.B.

8–33–35) has not 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 the possibility of a fire on an

airplane due to chafing of the electrical

wiring of the cabin ceiling lighting system,

accomplish the following:

(a) Within 1,000 hours time-in-service or 6

months after the effective date of this AD,

whichever occurs first: Accomplish the

requirements of paragraphs (a)(1) and (a)(2)

of this AD in accordance with de Havilland

Service Bulletin S.B. 8–33–35, dated

September 1, 1995.

(1) Perform a one-time inspection for wear

and breakage of wire segments of the

individual lighting units of the ceiling and

sidewall lights. Prior to further flight, replace

any damaged wiring.

(2) Install teflon spiral wrap on the wiring

of the ceiling and sidewall lights

(Modification 8/2158).

(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, New York

Aircraft Certification Office (ACO), FAA,

Engine and Propeller Directorate. Operators

shall submit their requests through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, New York ACO.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(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 done in accordance

with de Havilland Service Bulletin S.B. 8–

33–35, dated September 1, 1995. 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

Bombardier, Inc., Bombardier Aircraft

Division, Garratt Boulevard, Downsview,

Ontario M3K 1Y5, Canada. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Engine and

Propeller Directorate, New York Aircraft

Certification Office, 10 Fifth Street, Third

Floor, Valley Stream, New York; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700, Washington,

DC.

Note 3: The subject of this AD is addressed

in Canadian airworthiness directive CF–95–

18, dated December 15, 1995.

(e) This amendment becomes effective on

July 6, 1998.

Issued in Renton, Washington, on May 20,

1998.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 98–14025 Filed 5–29–98; 8:45 am]

BILLING CODE 4910–13–U

RAILROAD RETIREMENT BOARD

20 CFR Part 255

RIN 3220–AB34

Recovery of Overpayments

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board (Board) hereby amends its

regulations regarding recovery of

overpayments to explain what actuarial

tables and interest rates are used to

calculate an actuarial adjustment in an
29548 Federal Register / Vol. 63, No. 104 / Monday, June 1, 1998 /Rules and Regulations

individual’s annuity in order to recover

an overpayment of benefits. The

regulation also adds a provision to

explain when an actuarial adjustment in

an annuity takes effect when an annuity

is paid by electronic funds transfer

(EFT).

DATES EFFECTIVE: July 1, 1998.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 North

Rush Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Michael C. Litt, Bureau of Law, Railroad

Retirement Board, 844 North Rush

Street, Chicago, Illinois 60611, (312)

751–4929, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Section

255.8 of the Board’s regulations (62 FR

64164) provides for recovery of an

overpayment by means of an actuarial

adjustment. In accordance with this

provision, an overpayment may be

recovered by permanently reducing the

annuity payable to the individual from

whom recovery is sought. The

calculation of the reduction is

performed using actuarial tables.

Formerly, the authority for the use of

these tables is contained in a Board

Order which is not readily available to

the public. This amendment adds

language specifying that the Board will

use the tables and interest rate adopted

in accordance with the triennial

evaluation of the railroad retirement

trust funds as required by section 15(g)

of the Railroad Retirement Act.

Previously, where an annuity is paid

by check, an actuarial reduction takes

effect, and the overpayment is

recovered, upon negotiation of the first

check which reflects the adjustment.

The amendment adds language to

provide that, in the case of an annuity

paid by electronic funds transfer, the

adjustment is effective when the first

payment reflecting the actuarially

adjusted rate is deposited.

The rule was published as a proposed

rule February 12, 1998 (63 FR 7088)

requesting comments on or before April

13, 1998. 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 impact analysis

is required. There are no information

collections associated with this rule.

List of Subjects in 20 CFR 255.8

Railroad employees, Railroad

retirement.

For the reasons set out in the

preamble, title 20, part 255 of the Code

of Federal Regulations is amended as

follows:

PART 255—RECOVERY OF

OVERPAYMENTS

1. The authority citation for part 255

continues to read as follows:

Authority: 45 U.S.C. 231f(b)(5); 45 U.S.C.

231(i).

2. Section 255.8 is revised to read as

follows:

§ 255.8 Recovery by adjustment in

connection with subsequent payments.

(a) Recovery of an overpayment may

be made by permanently reducing the

amount of any annuity payable to the

individual or individuals from whom

recovery is sought. This method of

recovery is called an actuarial

adjustment of the annuity. The Board

cannot require any individual to take an

actuarial adjustment in order to recover

an overpayment nor is an actuarial

adjustment available as a matter of right.

An actuarial adjustment becomes

effective and the debt is considered

recovered when, in the case of an

individual paid by electronic funds

transfer, the first annuity payment

reflecting the annuity rate after actuarial

adjustment is deposited to the account

of the overpaid individual, or, in the

case of an individual paid by check, the

first annuity check reflecting the

annuity rate after actuarial adjustment is

negotiated.

Example. An annuitant agrees to recovery

of a $5,000 overpayment by actuarial

adjustment. However, the annuitant dies

before negotiating the first annuity check

reflecting the actuarially-reduced rate. The

$5,000 is not considered recovered. If the

annuitant had negotiated the check before he

died, the $5,000 would be considered fully

recovered.

(b) In calculating any adjustment

under this section, beginning with the

first day of January after the tables and

long-term or ultimate interest rate go

into effect under section 15(g) of the

Railroad Retirement Act (the triennial

evaluation), the Board shall use those

tables and long-term or ultimate interest

rate.

Dated: May 21, 1998.

By Authority of the Board,

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 98–14326 Filed 5–29–98; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 178

[Docket No. 87F–0162]

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 sulfosuccinic acid 4-ester

with polyethylene glycol nonylphenyl

ether, disodium salt (alcohol moiety

produced by the condensation of 1 mole

of nonylphenol and an average of 9 to

10 moles of ethylene oxide) for use as

an emulsifier in the manufacture of

polyvinyl acetate and vinyl-acrylate

copolymers intended for use in coatings

for paper and paperboard that will

contact food. This action responds to a

petition filed by American Cyanamid

Co.

DATES: The regulation is effective June

1, 1998; written objections and requests

for a hearing by July 1, 1998.

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:

Hortense S. Macon, Center for Food

Safety and Applied Nutrition (HFS–

206), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–418–3086.

SUPPLEMENTARY INFORMATION:

I. Background

In a notice published in the Federal

Register of June 4, 1987 (52 FR 21122),

FDA announced that a food additive

petition (FAP 6B3908) had been filed by

American Cyanamid Co., One Cyanamid

Plaza, Wayne, NJ 07470. The petition

proposed to amend the food additive

regulations in § 178.3400 Emulsifiers

and/or surface-active agents (21 CFR

178.3400) to provide for the safe use of

sulfosuccinic acid 4-ester with

polyethylene glycol nonylphenyl ether,

disodium salt for use as a surfactant in

contact with food.

The agency has determined that the

data submitted in the food additive

petition provided information for a

more specific identification of the

additive as sulfosuccinic acid 4-ester

with polyethylene glycol nonylphenyl

ether, disodium salt (alcohol moiety