47044 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

■ Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 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. The FAA amends § 39.13 by adding 

the following new AD: 

2008–16–11 McDonnell Douglas: 

Amendment 39–15629. Docket No. 

FAA–2008–0497; Directorate Identifier 

2007–NM–096–AD. 

Effective Date 

(a) This airworthiness directive (AD) is 

effective September 17, 2008. 

Affected ADs 

(b) As specified in paragraph (g) of this AD, 

this AD affects certain requirements of AD 

93–01–15, amendment 39–8469. 

Applicability 

(c) This AD applies to McDonnell Douglas 

Model DC–8–61, DC–8–61F, DC–8–63, DC–

8–63F, DC–8–71F, and DC–8–73F airplanes, 

certificated in any category; as identified in 

Boeing Alert Service Bulletin DC8–53A082, 

dated February 6, 2007. 

Unsafe Condition 

(d) This AD results from reports of 

numerous cases of cracks in the skin at the 

door jamb corners of forward and aft service 

doors. We are issuing this AD to detect and 

correct fatigue cracking of door jamb corners 

of the forward and aft service doors, which 

could adversely affect the structural integrity 

of the airplane. 

Compliance 

(e) You are responsible for having the 

actions required by this AD performed within 

the compliance times specified, unless the 

actions have already been done. 

Testing, Inspecting, Repairing, and Related 

Investigative and Corrective Actions 

(f) At the applicable compliance time and 

repeat intervals listed in Tables 1 through 5 

inclusive of paragraph 1.E., ‘‘Compliance,’’ of 

Boeing Alert Service Bulletin DC8–53A082, 

dated February 6, 2007; except where ‘‘the 

service bulletin’’ specifies a compliance time 

after the date on the service bulletin, this AD 

requires compliance within the specified 

compliance time after the effective date of 

this AD: Do the actions specified in 

paragraph (f)(1), (f)(2), or (f)(3) of this AD, as 

applicable. 

(1) For airplanes identified as Group 1, 

Configurations 1 and 2, in the service 

bulletin: Do the testing and related 

investigative and corrective actions by 

accomplishing all the applicable actions 

specified in the Accomplishment 

Instructions of the service bulletin. 

(2) For airplanes identified as Group 1, 

Configuration 3, in the service bulletin: 

Inspect and repair discrepancies in 

accordance with a method approved by the 

Manager, Los Angeles Aircraft Certification 

Office (ACO), FAA. 

(3) For airplanes identified as Group 1, 

Configuration 4, in the service bulletin: Do 

the actions specified in paragraph (f)(3)(i) or 

(f)(3)(ii) of this AD. 

(i) Repair door jamb corners of the service 

door using a method approved in accordance 

with the procedures specified in paragraph 

(h) of this AD. 

(ii) Replace the previously repaired door 

jamb corners with an applicable repair in 

accordance with the Accomplishment 

Instructions of the service bulletin. 

Compliance With Certain Requirements of 

AD 93–01–15 

(g) Accomplishment of the applicable 

actions required by paragraph (f) of this AD 

constitutes compliance with certain 

requirements of AD 93–01–15, as it pertains 

to the affected areas of principal structural 

elements 53.08.039 and 53.08.040 of 

McDonnell Douglas Report No. L26–011, 

‘‘DC–8 Supplemental Inspection Document 

(SID),’’ dated December 1985. 

Alternative Methods of Compliance 

(AMOCs) 

(h)(1) The Manager, Los Angeles ACO, has 

the authority to approve AMOCs for this AD, 

if requested in accordance with the 

procedures found in 14 CFR 39.19. 

(2) To request a different method of 

compliance or a different compliance time 

for this AD, follow the procedures in 14 CFR 

39.19. Before using any approved AMOC on 

any airplane to which the AMOC applies, 

notify your appropriate principal inspector 

(PI) in the FAA Flight Standards District 

Office (FSDO), or lacking a PI, your local 

FSDO. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair 

required by this AD, if it is approved by an 

Authorized Representative for the Boeing 

Commercial Airplanes Delegation Option 

Authorization Organization who has been 

authorized by the Manager, Los Angeles 

ACO, to make those findings. For a repair 

method to be approved, the repair must meet 

the certification basis of the airplane and 14 

CFR 25.571, Amendment 45, and the 

approval must specifically refer to this AD. 

Material Incorporated by Reference 

(i) You must use Boeing Alert Service 

Bulletin DC8–53A082, dated February 6, 

2007, to do the actions required by this AD, 

unless the AD specifies otherwise. 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

this service information under 5 U.S.C. 

552(a) and 1 CFR part 51. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Long Beach Division, 3855 

Lakewood Boulevard, Long Beach, California 

90846, Attention: Data and Service 

Management, Dept. C1–L5A (D800–0024). 

(3) You may review copies of the service 

information incorporated by reference at the 

FAA, Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington; or at 

the National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on July 23, 

2008. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. E8–17743 Filed 8–12–08; 8:45 am] 

BILLING CODE 4910–13–P 

RAILROAD RETIREMENT BOARD 

20 CFR Part 295 

RIN 3220–AB61 

Payments Pursuant to Court Decree or 

Court-Approved Property Settlement 

AGENCY: Railroad Retirement Board. 

ACTION: Final rule. 

SUMMARY: The Railroad Retirement 

Board (Board) amends its regulations 

concerning partition of annuities 

pursuant to a court decree or courtapproved property settlement in order 

to incorporate provisions of the Pension 

Protection Act of 2006, to make 

corrections in the existing regulation, 

and to update the regulation to reflect 

changes in titles within the agency. 

DATES: This rule will be effective August 

13, 2008. 

ADDRESSES: Beatrice Ezerski, Secretary 

to the Board, Railroad Retirement Board, 

844 N. Rush Street, Chicago, Illinois 

60611–2092. 


hsrobinson on PROD1PC76 with RULES
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 47045 

FOR FURTHER INFORMATION CONTACT: 

Marguerite P. Dadabo, Assistant General 

Counsel, (312) 751–4945, TTD (312) 

751–4701. 

SUPPLEMENTARY INFORMATION: 

Retirement and disability annuities 

under the Railroad Retirement Act are 

composed of independently calculated 

segments known as tiers. The tier I 

amount combines both railroad and 

non-railroad earnings, and is calculated 

using social security benefit formulas. 

The tier II amount is calculated under 

different formulas, generally 

representing railroad earnings alone. In 

addition, some annuitants receive a dual 

benefit component based on nonrailroad wages earned through 

December 1974, or in some cases, 

through an earlier date. Finally, career 

railroad employees may receive a 

supplemental annuity ranging from $23 

to $43 per month. 

Under section 14(b) of the Railroad 

Retirement Act, the non-tier I portion of 

a railroad retirement annuity may be 

characterized as property subject to 

partition in a proceeding for divorce, 

annulment, or legal separation. Prior to 

August 17, 2007, the effective date of 

the Pension Protection Act of 2006, 

Public Law 109–280, a partition 

payment would terminate upon the 

death of either the railroad employee or 

the former spouse, whichever occurred 

first, unless the court order provided for 

termination at an earlier date. Section 

1003 of Public Law 109–280 amended 

the Railroad Retirement Act to provide 

that a partition payment will only 

terminate upon the employee’s death 

when the court order requires such 

termination. Consequently, unless the 

court order requires termination of 

payments upon the employee’s death, 

tier II partition payments to divorced 

spouses may now continue beyond the 

employee’s death. While the change in 

law does not allow for the reinstatement 

of payments terminated prior to August 

17, 2007, due to the death of the 

employee prior to that date, the change 

does mean that any divorced spouse 

who was getting a partition payment as 

of that date may continue to be paid a 

tier II partition amount. 

The Board amends Part 295 of its 

regulations to reflect the changes made 

by Public Law 109–280, to reflect 

changes in certain titles of agency 

employees, and to correct or clarify 

certain references. Specifically, the 

Board amends section 295.1, which 

explains the purpose of Part 295, to 

incorporate a reference to Public Law 

109–280. Section 295.1(b)(3) is modified 

to clarify references to certain annuity 

increases under section 3(f) of the 

Railroad Retirement Act. 

Section 295.2 is amended to include 

a separate new definition of former 

spouse and a revised separate definition 

of spouse. 

Section 295.4(a) is amended by the 

addition of a new subparagraph (4) to 

specify that unless a court order 

expressly provides otherwise, a 

partition order will be applied to any 

annuity paid to an employee, whether 

the employee has retired based on age 

or based on disability. 

The phrase ‘‘pertaining to the 

employee’’ is added to the end of the 

second sentence of section 295.4(c) and 

to the end of the first sentence in section 

295.4(d)(2) in order to clarify that the 

Board’s records concerning the railroad 

employee will be reviewed to determine 

the most current address for each party 

to a partition order. 

A new subparagraph (4) is added to 

section 295.5(f) to reflect the 

amendment made by Public Law 109–

280 that allows continued payment of a 

partition tier II to a former spouse if the 

railroad employee dies on or after 

August 17, 2007. Paragraphs 295.5(a) 

and 295.5(f) are amended to include a 

reference to the new subparagraph (4). 

A new subparagraph (2) is added to 

section 295.7(e) to clarify that an 

erroneous payment to the employee may 

occur if the Board has all required 

documentation and due to clerical 

oversight fails to withhold the amount 

awarded by a court partition order. 

Finally, references to ‘‘Deputy General 

Counsel’’ and to the ‘‘Associate 

Executive Director for Retirement 

Claims’’ throughout Part 295 are 

changed to ‘‘General Counsel’’ and 

‘‘Director of Retirement Benefits’’

respectively in order to reflect title 

changes within the agency. Several 

minor corrections of capitalization and 

grammar are also made. 

The Board published the proposed 

rule on March 6, 2008 (73 FR 12037) 

and invited comments by May 5, 2008. 

No comments were received. 

Accordingly, the proposed rule is being 

published as a final rule without 

change. 

The proposed rule was determined to 

be a significant regulatory action and 

was reviewed by the Office of 

Management and Budget prior to its 

publication in the Federal Register. 

There are no changes to the information 

collections associated with Part 295. 

List of Subjects in 20 CFR Part 295 

Railroad employees, Railroad 

retirement. 

■ For the reasons set out in the 

preamble, the Railroad Retirement 

Board amends title 20, chapter II, 

subchapter B, part 295 of the Code of 

Federal Regulations as follows: 

PART 295—PAYMENTS PURSUANT 

TO COURT DECREE OR COURTAPPROVED PROPERTY SETTLEMENT 

■ 1. The authority citation for part 295 

continues to read as follows: 

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

■ 2. Section 295.1 is amended by 

revising paragraph (a), the introductory 

text of paragraph (b), and paragraph 

(b)(3) to read as follows: 

§ 295.1 Introduction. 

(a) Purpose. This part implements 

section 419 of Public Law 98–76 (97 

Stat. 438), which amended section 14 of 

the Railroad Retirement Act to provide 

that, with respect to annuity amounts 

payable for months beginning with 

September 1983, the Board must comply 

with a court decree of divorce, 

annulment or legal separation, or with 

the terms of any court-approved 

property settlement incident to any such 

decree, which characterizes specified 

benefits as property subject to 

distribution. This part also implements 

section 1003 of Public Law 109–280 

(120 Stat. 1053), which amended section 

5 of the Railroad Retirement Act to 

allow the payment of an employee’s tier 

II benefit component awarded to a 

former spouse as part of a property 

distribution incident to a decree of 

divorce, annulment, or legal separation 

to continue after the employee’s death. 

Garnishment of benefits for alimony or 

child support is dealt with in part 350 

of this chapter. 

(b) Benefits subject to this part. Only 

the following benefits or portions of 

benefits under the Railroad Retirement 

Act are subject to this part: 

* * * * * 

(3) Employee annuity increase as 

provided under section 3(f) of the Act; 

and 

* * * * * 

■ 3. Section 295.2 is amended by adding 

a new definition of ‘‘Former spouse’’

and by revising the definition of 

‘‘spouse’’ to read as follows: 

§ 295.2 Definitions. 

* * * * * 

Former spouse means the former 

husband or wife of an employee who, 

on or before the date of a court order, 

was married to the employee and that 

marriage has ended by final decree of 

divorce, dissolution, or annulment. 

* * * * * 

Spouse means the husband or wife of 

an employee who, on or before the date 


hsrobinson on PROD1PC76 with RULES
47046 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 

of a court order, was married to the 

employee and that marriage has not 

ended by final decree of divorce, 

dissolution, or annulment. 

§ 295.3 [Amended] 

■ 4. Section 295.3, paragraph (d) is 

amended by removing all references to 

‘‘Deputy General Counsel’’ and adding 

in their place references to ‘‘General 

Counsel’’. 

■ 5. Section 295.4 is amended as 

follows: 

■ a. By removing wherever they appear 

all references to ‘‘Deputy General 

Counsel’’ and adding in their place 

references to ‘‘General Counsel’’. 

■ b. By removing all references to the 

‘‘Associate Executive Director for 

Retirement Claims’’ and adding in their 

place references to the ‘‘Director of 

Retirement Benefits’’. 

■ c. By removing ‘‘bs’’ and adding in its 

place ‘‘be’’ in the second to last sentence 

of paragraph (b)(2)(ii). 

■ d. By adding the phrase ‘‘pertaining to 

the employee’’ at the end of the second 

sentence of the introductory paragraph 

of paragraph (c). 

■ e. By adding the phrase ‘‘pertaining to 

the employee’’ at the end of the first 

sentence of paragraph (d)(2). 

■ f. By capitalizing the word ‘‘Board’’ at 

the end of the last sentence in paragraph 

(d)(2). 

■ g. By capitalizing the word ‘‘Board’’ in 

the last sentence of paragraph (d)(4). 

■ h. By adding the following new 

paragraph (b)(4) to read as follows: 

§ 295.4 Review of documentation. 

* * * * * 

(b) * * * 

(4) Unless the order expressly 

provides otherwise, the Board will 

deduct the amount specified by the 

order from any annuity paid to the 

employee, whether the employee has 

retired based on age or on disability. 

* * * * * 

■ 6. Section 295.5 is amended as 

follows: 

■ a. By adding in paragraph (a) the 

phrase ‘‘, except as provided in 

paragraph (f)(4) of this section,’’ in the 

second sentence between the words 

‘‘and’’ and ‘‘shall’’. 

■ b. By removing the phrase ‘‘in behalf’’

and adding in its place the phrase ‘‘on 

behalf’’ in the first sentence of 

paragraph (d). 

■ c. By adding the phrase ‘‘Except as 

provided in paragraph (f)(4) of this 

section’’ to the beginning of the first 

sentence of the introductory text to 

paragraph (f). 

■ d. By removing references to ‘‘Deputy 

General Counsel’’ and adding in their 

place references to ‘‘General Counsel’’

in paragraph (g) and 

■ e. By adding a new paragraph (f)(4) to 

read as follows: 

§ 295.5 Limitations. 

* * * * * 

(f) * * * 

(4) If the employee dies on or after 

August 17, 2007, a former spouse who 

is receiving a portion of the employee’s 

annuity pursuant to a court decree or 

property settlement compliant with this 

part may continue to receive a portion 

of the employee’s tier II benefit 

component unless the court decree or 

property settlement requires such 

payment to terminate upon the death of 

the employee. 

* * * * * 

§ 295.6 [Amended] 

■ 7. Section 295.6 is amended as 

follows: 

■ a. In paragraph (b) by removing 

‘‘Deputy General Counsel’’ and adding 

in its place ‘‘General Counsel’’, and by 

removing all references to the 

‘‘Associate Executive Director for 

Retirement Claims’’ and adding in their 

place references to ‘‘Director of 

Retirement Benefits’’. 

■ b. By adding the word ‘‘a’’ to the first 

sentence of paragraph (b) before the 

word ‘‘request’’. 

■ c. By adding the word ‘‘a’’ to the first 

sentence of paragraph (c) before the 

word ‘‘signed’’. 

■ 8. Section 295.7 is amended by 

redesignating paragraph (e) as paragraph 

(e)(1) and adding a new paragraph (e)(2) 

to read as follows: 

§ 295.7 Miscellaneous. 

* * * * * 

(e) * * * 

(2) Where all documentation required 

by this part is in the Board’s records 

pertaining to the employee prior to the 

time the employee annuity is awarded, 

but where the Board due to clerical 

oversight fails to withhold the amount 

awarded by the court order, then the 

Board shall begin deduction from the 

employee annuity with the month the 

error is discovered, and shall pay the 

amount which should have been 

withheld pursuant to this part to the 

spouse or former spouse. The amount 

paid to the spouse or former spouse 

representing months for which the 

amount under the order was not timely 

withheld shall be an erroneous payment 

to the employee within the meaning of 

section 10 of the Railroad Retirement 

Act. This section shall not apply where 

the Board has attempted to contact the 

spouse or former spouse at the time the 

employee annuity is awarded pursuant 

to § 295.4(d). 

Dated: August 6, 2008. 

By authority of the Board. 

Beatrice Ezerski, 

Secretary to the Board. 

[FR Doc. E8–18439 Filed 8–12–08; 8:45 am] 

BILLING CODE 7905–01–P 

DEPARTMENT OF LABOR 

Office of Labor-Management 

Standards 

29 CFR Part 215 

RIN 1215–AB58 

Amendment to Guidelines for 

Processing Applications for 

Assistance To Conform to Sections 

3013(h) and 3031 of the Safe, 

Accountable, Flexible, and Efficient 

Transportation Equity Act—A Legacy 

for Users and To Improve Processing 

for Administrative Efficiency 

AGENCY: Office of Labor-Management 

Standards, Department of Labor. 

ACTION: Final rule. 

SUMMARY: The Department of Labor 

(‘‘Department’’), through the Office of 

Labor-Management Standards 

(‘‘OLMS’’), issued proposed changes to 

its Guidelines for the Department’s 

administration of the Secretary of 

Labor’s (‘‘Secretary’’) responsibility 

under the Federal transit law, 49 U.S.C. 

5333(b). This document sets forth the 

Department’s review of and response to 

comments on the proposed revisions, as 

well as the changes made to the 

Guidelines in response to those 

comments. 

Pursuant to section 5333(b) of the 

Federal transit law, the Department 

must certify that, as a condition of 

certain grants of Federal financial 

assistance, fair and equitable labor 

protective provisions are in place to 

protect the interests of employees 

affected by such Federal assistance. The 

Department administers this program 

through Guidelines set forth at 29 CFR 

Part 215. The Department’s proposed 

changes are intended to conform the 

Guidelines to amendments to the 

Federal transit law made by sections 

3013(h) and 3031 of the Safe, 

Accountable, Flexible, and Efficient 

Transportation Equity Act—A Legacy 

for Users (‘‘SAFETEA–LU’’), Public Law 

No. 109–59, 119 Stat. 1144 (2005). In 

addition to changes mandated by 

statute, the Department proposed 

revisions to the Guidelines that are 

intended to enhance the speed and 


hsrobinson on PROD1PC76 with RULES