17442 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

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.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and that it is not a ‘‘significant

regulatory action’’ under Executive

Order 12866. It has been determined

further that this action involves an

emergency regulation under DOT

Regulatory Policies and Procedures (44

FR 11034, February 26, 1979). If it is

determined that this emergency

regulation otherwise would be

significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, 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. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–06–52 Dornier: Amendment 39–9189.

Docket 95–NM–33–AD.

Applicability: Model 328–100 series

airplanes, serial numbers 3005 through 3033

inclusive, 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 use the authority

provided in paragraph (f) to request approval

from the FAA. This approval may address

either no action, if the current configuration

eliminates the unsafe condition; or different

actions necessary to address the unsafe

condition described in this AD. Such a

request should include an assessment of the

effect of the changed configuration on the

unsafe condition addressed by this AD. In no

case does the presence of any modification,

alteration, or repair remove any airplane from

the applicability of this AD.

Compliance: Required as indicated, unless

accomplished previously.

To prevent ingestion of ice into an engine,

which could result in engine power rollback/

flameout, accomplish the following:

(a) Prior to further flight into known or

forecast icing conditions, remove the bypass

outlet plate having part number (P/N)

001A716A2002000 or P/N 001A716E2012000

from the lower cowlings of the engines, in

accordance with Dornier Service Bulletin

SB–328–71–086, dated March 6, 1995.

(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,

Standardization Branch, ANM–113, 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, Standardization

Branch, ANM–113.

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Standardization Branch,

ANM–113.

(c) Special flight permits may be issued in

accordance with §§ 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 removal shall be done in

accordance with Dornier Service Bulletin

SB–328–71–086, dated March 6, 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

Daimler-Benz Aerospace, Dornier, P.O. Box

1103, D–82230 Wessling, Federal Republic of

Germany. 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

April 21, 1995, to all persons except those

persons to whom it was made immediately

effective by telegraphic AD T95–06–52,

issued on March 10, 1995, which contained

the requirements of this amendment.

Issued in Renton, Washington, on March

31, 1995.

Darrell M. Pederson,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 95–8447 Filed 4–5–95; 8:45 am]

BILLING CODE 4910–13–U

14 CFR Part 71

[Airspace Docket No. 94–ANM–1]

Amend Class E Airspace; North Bend,

OR

AGENCY: Federal Aviation

Administration [FAA], DOT.

ACTION: Final rule.

SUMMARY: This action amends Class E

airspace at North Bend, Oregon, to

encompass a new Standard Instrument

Approach Procedure (SIAP) at North

Bend Municipal Airport, Oregon. The

area will be depicted on aeronautical

charts for pilot reference.

EFFECTIVE DATE: 0901 UTC, May 25,

1995.

FOR FURTHER INFORMATION CONTACT:

Ted Melland, System Management

Branch, ANM–530, Federal Aviation

Administration, Docket No. 94–ANM–1,

1601 Lind Avenue SW., Renton,

Washington 98055–4056; telephone

number: (206) 227–2536.

SUPPLEMENTARY INFORMATION:

History

On December 5, 1994, the FAA

proposed to amend part 71 of the

Federal Aviation Regulations (14 CFR

part 71) to modify the North Bend, OR,

Class E airspace (59 FR 62361).

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments were received. Class E

airspace designations are published in

paragraphs 6002 and 6005 of FAA Order

7400.9B dated July 18, 1994, and

effective September 16, 1994, which is

incorporated by reference in 14 CFR

71.1. The Class E designations listed in

this document will be published

subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) amends the North Bend, OR,

Class E airspace by enlarging portions of

the class E airspace to encompass new

instrument procedures for aircraft

operations within controlled airspace.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17443

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(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)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact 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

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6002 Class E airspace area

designated as a surface area for an airport

* * * * *

ANM OR E2 North Bend, OR [Revised]

North Bend Municipal Airport, OR

(lat. 43°25′02′′ N, long. 124°14′46′′ W)

North Bend VORTAC

(lat. 43°24′56′′ N, long. 124°10′06′′ W)

Empire, LOM/NDB

(lat. 43°23′41′′ N, long. 124°18′37′′ W)

Within a 4.2-mile radius of the North Bend

Municipal Aiport, and within 1.8 miles each

side of the North Bend VORTAC 044° radial

extending from the 4.2-mile radius to 5.7

miles northeast of the VORTAC, and within

3.7 miles each side of the North Bend

VORTAC 092° radial extending from the 4.2-

mile radius to 7.5 miles east of the VORTAC,

and within 2.7 miles each side of the 241°

bearing from the Empire LOM/NDB

extending from the 4.2-mile radius to 6.1

miles southwest of the LOM/NDB.

* * * * *

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth

* * * * *

ANM OR E5 North Bend, OR [Revised]

North Bend VORTAC

(Lat. 43°24′56′′ N, long. 124°10′06′′ W)

That airspace extending upward from 700

feet above the surface within an 8-mile radius

of the North Bend VORTAC from the 142°

radial CW to the 352° radial, and within a 14-

mile radius of the VORTAC from the 352°

radial CW to the 142° radial, and within 2.7

miles north of the North Bend VORTAC 268°

radial extending from the 8-mile radius to 11

miles west of the VORTAC, and within 1.8

miles south and 5.7 miles north of the

VORTAC 241° radial extending from the 8-

mile radius to 14.8 miles southwest; that

airspace extending upward from 1,200 feet

above the surface within a 19.2-mile radius

of the North Bend VORTAC extending

clockwise from the west edge of V–27 south

of the VORTAC, to the west edge of V–287

north of the VORTAC, and within 2.2 miles

southeast and 10.1 miles northwest of the

North Bend VORTAC 241° radial, extending

from the VORTAC to 22.2 miles southwest.

* * * * *

Issued in Seattle, Washington, on March

17, 1995.

Richard E. Prang,

Acting Manager, Air Traffic Division,

Northwest Mountain Region.

[FR Doc. 95–8507 Filed 4–5–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Social Security Administration

20 CFR Part 404

RIN 0960–AD72

Computing Benefit Amounts,

Disposing of Underpayments,

Resolving Overpayments, and

Payment Restriction

AGENCY: Social Security Administration,

HHS.

ACTION: Final rules.

SUMMARY: We are revising our rules on

computation of benefits to define the

term ‘‘first becomes eligible’’ as it relates

to a pension based on noncovered

employment. We are also revising the

computation rules to provide that we

will consider all government service

used by a pension-paying agency when

we determine whether an individual

first became eligible before 1986 for a

pension based on noncovered

employment. Further, we are also

revising our rule on determining fault

regarding overpayments to state that

benefit deductions because of net

earnings from self-employment are not

applicable after an individual attains

age 70. Additionally, we are revising our

rules on underpayments to clarify a

misleading cross-reference. Finally, we

are updating the list of countries to

which benefit payments are withheld

because of Treasury Department

restrictions.

DATES: These regulations are effective

April 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Jack Schanberger, Legal Assistant, 3–B–

1 Operations Building, 6401 Security

Boulevard, Baltimore, MD 21235, (410)

965–8471 for information about these

rules. For information on eligibility or

claiming benefits, call our national tollfree number 1–800–772–1213.

SUPPLEMENTARY INFORMATION: Section

215(a)(7) of the Social Security Act (the

Act) requires us to use a modified

formula for computing the primary

insurance amount (the basic benefit

amount) of an individual’s old-age or

disability insurance benefit if the

individual first becomes eligible after

1985 for such a benefit and for a

monthly periodic payment based on

noncovered employment. The modified

formula applies to individuals who are

concurrently entitled to such a monthly

periodic payment and to old-age or

disability benefits under title II of the

Act. It results in a lower primary

insurance amount than would have

been computed if the monthly periodic

payment had not been considered.

However, neither the Act nor our

regulations at 20 CFR 404.213 define the

phrase ‘‘first becomes eligible.’’

In defining ‘‘first becomes eligible,’’

we have identified two interpretations

which pertain to the date creditable

service is acquired. One interpretation is

that an individual first becomes eligible

when he or she has currently acquired

enough service to qualify for a pension.

The other interpretation is that an

individual first becomes eligible when

he or she has acquired enough service

to qualify for a pension, regardless of

when the service was acquired.

We recently became aware that some

individuals have purchased credit for

prior service, e.g., military service,

which could affect their eligibility date

and allow them to become eligible

before 1986 for a monthly pension based

on noncovered employment. Such an

individual would thus be excluded from

the modified computation because he or

she first became eligible for the monthly

pension before 1986. There is no

restriction in the Act which precludes

using purchased credit to establish

eligibility before 1986 for a monthly

pension based on noncovered