Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations 20725

Municipal Airport, IA, will provide

additional controlled airspace for

aircraft operating under IFR, and

comply with the criteria of FAA Order

7400.2D. The area will be depicted on

appropriate aeronautical charts. Class E

airspace areas extending upward from

700 feet or more above the surface of the

earth are published in paragraph 6005 of

FAA Order 7400.9G, dated September

10, 1999, and effective September 16,

1999, which is incorporated by

reference in 14 CFR 71.1. The Class E

airspace designation listed in this

document will be published

subsequently in the Order.

The Direct Final Rule Procedure

The FAA anticipates that this

regulation will not result in adverse or

negative comment and, therefore, is

issuing it as a direct final rule. Previous

actions of this nature have not been

controversial and have not resulted in

adverse comments or objections. The

amendment will enhance safety for all

flight operations by designating an area

where VFR pilots may anticipate the

presence of IFR aircraft at lower

altitudes, especially during inclement

weather conditions. A greater degree of

safety is achieved by depicting the area

on aeronautical charts. Unless a written

adverse or negative comment, or a

written notice of intent to submit an

adverse or negative comment is received

within the comment period, the

regulation will become effective on the

date specified above. After the close of

the comment period, the FAA will

publish a document in the Federal

Register indicating that no adverse or

negative comments were received and

confirming the date on which the final

rule will become effective. If the FAA

does receive, within the comment

period, an adverse or negative comment,

or written notice of intent to submit

such a comment, a document

withdrawing the direct final rule will be

published in the Federal Register and a

notice of proposed rulemaking may be

published with a new comment period.

Comment Invited

Although this action is in the form of

a final rule and was not preceded by a

notice of proposed rulemaking,

comments are invited on this rule.

Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

should identify the Rules Docket

number and be submitted in triplicate to

the address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended or withdrawn

in light of the comments received.

Factual information that supports the

commenter’s ideas and suggestions is

extremely helpful in evaluating the

effectiveness of this action and

determining whether additional

rulemaking action would be needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy-related

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

action 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 No. 00–ACE–8.’’ The postcard

will be date stamped and returned to the

commenter.

Agency Findings

The regulations adopted herein will

not have a substantial direct effect 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, it is

determined that this final rule does not

have federalism implications under

Executive Order 13132.

The FAA has determined that this

regulation is noncontroversial and

unlikely to result in adverse or negative

comments. For the reasons discussed in

the preamble, I certify that this

regulation (1) is not a ‘‘significant

regular action’’ under Executive Order

12866; (2) is not a ‘‘significant rule’’

under Department of Transportation

(DOT) Regulatory Policies and

Procedures (44 FR 11034, February 26,

1979); and (3) if promulgated, 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.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

Accordingly, the Federal Aviation

Administration amends 14 CFR part 71

as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g) 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400.9G, Airspace

Designations and Reporting Points,

dated September 10, 1999, and effective

September 16, 1999, is amended as

follows:

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ACE IA E5 Sheldon, IA [Revised]

Sheldon Municipal Airport, IA

(Lat. 43°12′30′′ N., long 95°50′00′′ W.)

Sheldon NDB

(Lat 43°12′51′′ N., long 95°50′02′′ W.)

That airspace extending upward from 700

feet above the surface within a 6.4-mile

radius of Sheldon Municipal Airport and

within 2.6 miles each side of the 160° bearing

from the Sheldon NDB extending from the

6.4-mile radius to 7.4 miles southeast of the

airport.

* * * * *

Issued in Kansas City, MO on April 3,

2000.

Richard L. Day,

Acting Manager, Air Traffic Division, Central

Region.

[FR Doc. 00–9549 Filed 4–17–00; 8:45 am]

BILLING CODE 4910–13–M

RAILROAD RETIREMENT BOARD

20 CFR Part 222

RIN 3220–AB40

Family Relationships

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board (Board) hereby amends its

regulations on determining whether a

natural child has inheritance rights

under appropriate state law and

therefore may be entitled to railroad

retirement benefits as the child of an

insured employee. The Board also

clarifies its regulation regarding status

as a legally adopted child of an insured

employee. Such revisions are necessary

because of a change in the regulations

20726 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

of the Social Security Administration,

which became effective November 27,

1998. The Board also deletes an obsolete

provision in its regulations providing

that an individual may qualify as a

deemed spouse only if there is no legal

spouse who is entitled to a railroad

retirement annuity or social security

benefit.

EFFECTIVE DATE: April 18, 2000.

FOR FURTHER INFORMATION CONTACT:

Marguerite P. Dadabo, Senior Attorney,

(312) 751–4945, TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Section

2(d)(4) of the Railroad Retirement Act

(RRA) references section 216(h) of the

Social Security Act for purposes of

determining whether an individual is

the child of the insured employee for

entitlement to a surviving child’s

annuity. In addition, the Board must

look to the Social -Security Act to

determine the status of a child for

increasing a disability annuitant’s

annuity under the social security overall

minimum provided in section 3(f)(3) of

the RRA. See part 229 of this chapter.

Section 216(h)(2)(A) of the Social

Security Act provides that the Social

Security Administration (SSA) looks to

the law of the state in which the wage

earner was domiciled regarding the

devolution of intestate personal

property to determine who would be a

child for inheritance purposes.

The SSA has announced final

regulations which revise its procedures

for determining whether a child has

inheritance rights under the appropriate

state law and, thus, may be entitled to

social security benefits as the child of an

insured worker (63 FR 57590, October

28, 1998). Specifically, those rules have

been revised to explain which state law

will be applied, how SSA will apply

state law requirements on time limits for

determining inheritance rights, and how

it will apply state law requirements for

a court determination of paternity. The

current rule on determining an

applicant’s status as a legally adopted

child of an insured individual is also

clarified. As a consequence, the Board

must amend part 222 of its regulations,

which deals with determining family

relationships, to conform to SSA’s new

regulations.

The Board revises §§ 222.31 and

222.32 to provide that the status of child

will be determined by applying the state

inheritance law of the employee’s

domicile that is in effect when the claim

for benefits is adjudicated. If the child

does not have inheritance rights under

that version of state law, the state law

that was in effect when the insured died

will be examined to determine if the

status of child is met at that time.

Many state laws impose time limits

within which someone must act to

establish paternity for purposes of

intestate succession in order to ensure

the orderly administration of estates.

New § 222.32 makes it clear that the

Board will disregard these time limits

since the purpose served by the limits

is not relevant to the adjudication of

benefits under the RRA. If the

applicable inheritance law requires a

formal determination of paternity to

establish the status of child, § 222.32

provides that the Board will not require

such a formal determination, but will

rather make its own determination of

paternity based upon the requirements

of state law.

A ‘‘child’’ under the RRA includes an

adopted child. The amendment to

§ 222.33 clarifies that in determining

whether an individual is the legally

adopted child of the employee, the

Board will apply the adoption laws,

rather than the inheritance laws, of the

state or foreign country where the

adoption took place.

Under section 216(h) of the Social

Security Act an individual may qualify

as a deemed spouse if a ceremonial or

common law marriage cannot be

established under state law, if that

person’s marriage to the employee

would have been valid under state law

but for a legal impediment, and the

following requirements are met: there

was a ceremonial marriage, the claimant

went through the ceremony in good

faith, and the claimant was living in the

same household as the employee when

he or she applied for the spouse annuity

or when the employee died.

Formerly, the Social Security Act also

required that no other person be entitled

as the wife, husband, or widow(er)of the

employee. However, this last

requirement was deleted by § 5119(a) of

Public Law 101–508. Accordingly, this

amendment also deletes the now

obsolete requirement contained in

§ 222.14(d) of the Board’s regulations.

On December 8, 1999, the Board

published the revisions to §§ 222.31—

222.32 as a proposed rule (64 FR 68647)

inviting comments on or before

February 7, 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. There are no information

collections associated with this rule.

List of Subjects in 20 CFR Part 222

Railroad employees; Railroad

retirement.

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 222—FAMILY RELATIONSHIPS

1. The authority citation for part 222

continues to read as follows:

Authority: 45 U.S.C. 231f.

§ 222.14 [Amended]

2. Section 222.14(d) is removed.

3. Section 222.31 is revised as

follows:

§ 222.31 Relationship as child for annuity

and lump-sum payment purposes.

(a) Annuity claimant. When there are

claimants under paragraph (a)(1), (a)(2),

or (a)(3) of § 222.30, a person will be

considered the child of the employee

when that person is—

(1) The natural or legally adopted

child of the employee (see § 222.33); or

(2) The stepchild of the employee; or

(3) The grandchild or step-grandchild

of the employee or spouse; or

(4) The equitably adopted child of the

employee.

(b) Lump-sum payment claimant. A

claimant for a lump-sum payment must

be one of the following in order to be

considered the child of the employee:

(1) The natural child of the employee;

(2) A child legally adopted by the

employee (this does not include any

child adopted by the employee’s widow

or widower after the employee’s death);

or

(3) The equitably adopted child of the

employee. For procedures on how a

determination of the person’s

relationship to the employee is made,

see §§ 222.32–222.33.

3. Section 222.32 is revised to read as

follows:

§ 222.32 Relationship as a natural child.

A claimant will be considered the

natural child of the employee for both

annuity and lump-sum payment

purposes if one of the following sets of

conditions is met:

(a) State inheritance law. Under

relevant state inheritance law, the

claimant could inherit a share of the

employee’s personal estate as the

employee’s natural child if the

employee were to die without leaving a

will as described in paragraph (e) of this

section;

(b) Natural child. The claimant is the

employee’s natural son or daughter, and

the employee and the claimant’s mother

or father went through a marriage

ceremony which would have been valid

except for a legal impediment;

Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations 20727

(c) By order of law. The claimant’s

natural mother or father has not married

the employee, but—

(1) The employee has acknowledged

in writing that the claimant is his or her

son or daughter; or

(2) A court has decreed that the

employee is the mother or father of the

claimant; or

(3) A court has ordered the employee

to contribute to the claimant’s support

because the claimant is the employee’s

son or daughter; and,

(4) Such acknowledgment, court

decree, or court order was made not less

than one year before the employee

became entitled to an annuity, or in the

case of a disability annuitant prior to his

or her most recent period of disability,

or in case the employee is deceased,

prior to his or her death. The written

acknowledgment, court decree, or court

order will be considered to have

occurred on the first day of the month

in which it actually occurred.

(d) Other evidence of relationship.

The claimant’s natural mother or father

has not married the employee, but—

(1) The claimant has submitted

evidence acceptable in the judgment of

the Board, other than that discussed in

paragraph (c) of this section, that the

employee is his or her natural mother or

father; and

(2) The employee was living with the

claimant or contributing to the

claimant’s support, as discussed in

§§ 222.58 and 222.42 of this part,

when—

(i) The spouse applied for an annuity

based on having the employee’s child in

care; or

(ii) The employee’s annuity could

have been increased under the social

security overall minimum provision; or

(iii) The employee died, if the

claimant is applying for a child’s

annuity or lump-sum payment.

(e) Use of state laws—(1) General. To

determine whether a claimant is the

natural child of the employee, the state

inheritance laws regarding whether the

claimant could inherit a child’s share of

the employee’s personal property if he

or she were to die intestate will apply.

If such laws would permit the claimant

to inherit the employee’s personal

property, the claimant will be

considered the child of the employee.

The state inheritance laws where the

employee was domiciled when he or

she died will apply. If the employee’s

domicile was not in one of the 50 states,

the Commonwealth of Puerto Rico, the

Virgin slands, Guam, American Samoa,

or the Northern Mariana Islands, the

laws of the District of Columbia will

apply.

(2) Standards. The Board will not

apply any state inheritance law

requirement that an action to establish

paternity must have been commenced

within a specific time period, measured

from the employee’s death or the child’s

birth, or that an action to establish

paternity must have been commenced or

completed before the employee’s death.

If state laws on inheritance require a

court to determine paternity, the Board

will not require such a determination,

but the Board will decide paternity

using the standard of proof that the state

court would apply as the basis for

making such a determination.

(3) Employee is living. If the employee

is living, the Board will apply the state

law where the employee is domiciled

which was in effect when the annuity

may first be increased under the social

security overall minimum (see part 229

of this chapter). If under a version of

state law in effect at that time, a person

does not qualify as a child of the

employee, the Board will look to all

versions of state law in effect from when

the employee’s annuity may first have

been increased until the Board makes a

final decision, and will apply the

version of state law most favorable to

the employee.

(4) Employee is deceased. The Board

will apply the state law where the

employee was domiciled when he or

she died. The Board will apply the

version of state law in effect at the time

of the final decision on the application

for benefits. If under that version of state

law the claimant does not qualify as the

child of the employee, the Board will

apply the state law in effect when the

employee died, or any version of state

law in effect from the month of potential

entitlement to benefits until a final

determination on the application. The

Board will apply the version most

beneficial to the claimant. The following

rules determine the law in effect as of

the employee’s death:

(i) Any law enacted after the

employee’s death, if that law would

have retroactive application to the

employee’s date of death, will apply; or

(ii) Any law that supersedes a law

declared unconstitutional, that was

considered constitutional on the

employee’s date of death, will apply.

4. A new paragraph (c) is added to

§ 222.33 to read as follows:

§ 222.33 Relationship resulting from legal

adoption.

* * * * *

(c) The adoption laws of the state or

foreign country where the adoption took

place, not the state inheritance laws,

will determine whether the claimant is

the employee’s adopted child.

Dated: April 6, 2000.

By Authority of the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 00–9515 Filed 4–17–00; 8:45 am]

BILLING CODE 7905–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 175 and 176

[Docket No. 99F–0925]

Indirect Food Additives: Adhesives

and Components of Coatings and

Paper and Paperboard Components

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 2,2-dibromo-3-

nitrilopropionamide as a preservative

for adhesives and coatings used in the

manufacture of paper and paperboard

intended for contact with food. This

action responds to a petition filed by

The Dow Chemical Co.

DATES: This rule is effective April 18,

2000; submit written objections and

requests for a hearing by May 18, 2000.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

5630 Fishers Lane, rm. 1061, Rockville,

MD 20852.

FOR FURTHER INFORMATION CONTACT:

Hortense S. Macon, Center for Food

Safety and Applied Nutrition (HFS–

205), Food and Drug Administration,

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

202–418–3086.

SUPPLEMENTARY INFORMATION: In a notice

published in theFederal Register of

April 22,1999 (64 FR 19790), FDA

announced that a food additive petition

(FAP 9B4641) had been filed by The

Dow Chemical Co., Midland, MI 48674.

The petition proposed to amend the

food additive regulations in § 175.105

Adhesives (21 CFR 175.105) and

§ 176.170 Components of paper and

paperboard in contact with aqueous and

fatty foods (21 CFR 176.170) to provide

for the safe use of 2,2-dibromo-3-

nitrilopropionamide as a preservative

for adhesives and coatings in the

manufacture of paper and paperboard

intended for contact with food.

FDA has evaluated the data in the

petition and other relevant material.

Based on this information, the agency