7552 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 

meet the requirements for a significant 

regulatory action under Executive Order 

12866. Thus, it was not reviewed by 

OMB. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects primarily individuals. 

Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Paperwork Reduction Act 

This rule does not create any new, or 

affect any existing, collections, and 

therefore, does not require OMB 

approval under the Paperwork 

Reduction Act. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social Security— 

Disability Insurance; 96.002, Social 

Security—Retirement Insurance; 96.004, 

Social Security—Survivors Insurance; and 

96.006, Supplemental Security Income) 

List of Subjects 

20 CFR Part 404 

Administrative practice and 

procedure; Blind; Disability benefits; 

Old-Age, Survivors, and Disability 

Insurance; Reporting and recordkeeping 

requirements; Social Security. 

20 CFR Part 416 

Administrative practice and 

procedure; Aged, Blind, Disability 

benefits, Public Assistance programs; 

Reporting and recordkeeping 

requirements; Supplemental Security 

Income (SSI). 

Dated: February 4, 2010. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons set out in the 

preamble, we amend subpart U of part 

404 and subpart F of part 416 of chapter 

III of title 20 Code of Federal 

Regulations as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart U—[Amended] 

■ 1. The authority citation for subpart U 

of part 404 is revised to read as follows: 

Authority: Secs. 205(a), (j), and (k), and 

702(a)(5) of the Social Security Act (42 U.S.C. 

405(a), (j), and (k), and 902(a)(5)). 

■ 2. Amend § 404.2060 by revising the 

first sentence to read as follows: 

§ 404.2060 Transfer of accumulated 

benefit payments. 

A representative payee who has 

conserved or invested benefit payments 

shall transfer these funds and the 

interest earned from the invested funds 

to either a successor payee, to the 

beneficiary, or to us, as we will 

specify. * * * 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart F—[Amended] 

■ 3. The authority citation for subpart F 

of part 416 is revised to read as follows: 

Authority: Secs. 702(a)(5), 1631(a)(2) and 

(d)(1) of the Social Security Act (42 U.S.C. 

902(a)(5) and 1383(a)(2) and (d)(1)). 

■ 4. Amend § 416.660 by revising the 

first sentence to read as follows: 

§ 416.660 Transfer of accumulated benefit 

payments. 

A representative payee who has 

conserved or invested benefit payments 

shall transfer these funds and the 

interest earned from the invested funds 

to either a successor payee, to the 

beneficiary, or to us, as we will 

specify. * * * 

[FR Doc. 2010–3380 Filed 2–19–10; 8:45 am] 

BILLING CODE 4191–02–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 416 

[Docket No. SSA–2008–0051] 

RIN 0960–AF97 

Exclusion of Certain Military Pay From 

Deemed Income and Resources 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are revising our rules to 

clarify that, for Supplemental Security 

Income (SSI) purposes, we do not 

consider any combat-related military 

pay as income when we determine 

whether spouses and children of 

members of the uniformed services are 

eligible for SSI. The rules also clarify 

that we do not consider combat-related 

military pay as income when we 

determine the spouse’s or child’s proper 

payment amount. These rules also 

provide that, when we determine 

whether spouses and children are 

eligible for SSI, we do not consider 

retroactive payments of certain military 

pay as resources for 9 months following 

receipt. These final rules protect 

spouses and children of members of the 

uniformed services from a reduction in, 

or loss of, benefits because their spouse 

or parent serves in a combat zone. 

DATES: This final rule will be effective 

March 24, 2010. 

FOR FURTHER INFORMATION CONTACT: Eric 

Skidmore, Social Insurance Specialist, 

Social Security Administration, Office 

of Income Security Programs, 252 

Altmeyer Building, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 597–1833. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772– 

1213 or TTY 1–800–325–0778, or visit 

our Internet site, Social Security Online, 

at http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Background 

The SSI program provides a minimum 

income level for aged, blind, and 

disabled persons who do not have 

income or resources above levels 

specified in the Social Security Act (the 

Act). The Act generally requires that 

when we determine a person’s 

eligibility for, and amount of, SSI 

benefits, we must consider the income 

and resources of an ineligible spouse 

living in the same household and, in the 

case of a child under the age of 18, an 

ineligible parent living in the same 

household (and the spouse of such a 

parent). Section 1614(f) of the Act, 42 

U.S.C. 1382c(f). We use the term 

‘‘deeming’’ to refer to the process of 

considering part of an ineligible 

spouse’s or parent’s income and 

resources to be the person’s own income 

and resources. 

Although a member of the uniformed 

services on active duty is unlikely to 

apply or be eligible for SSI benefits, 

some members of the uniformed 

services have spouses or children who 

receive or may apply for SSI benefits. 

For purposes of deeming, the Act 

provides that a spouse or parent who is 

absent from the household solely 

because of a duty assignment as a 

member of the Armed Forces generally 

will be treated as if he or she were living 

in the household. Section 1614(f)(4) of 

the Act, 42 U.S.C. 1382c(f)(4). Therefore, 

we generally deem income and 

resources of the member of the 

uniformed services to his or her spouse 

or child when determining the spouse’s 

or child’s eligibility for, and amount of, 

SSI benefits. Because we consider the 

member of the uniformed services as 

part of the household, we do not treat 

his or her military pay as unearned 

income from a source outside of the 

household. 

Although we generally deem income 

of a member of the uniformed services 


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Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 7553 

to his or her spouse or child, the Act 

excludes from income certain kinds of 

pay that members of the uniformed 

services may receive. Section 

1612(b)(20) of the Act, 42 U.S.C. 

1382a(b)(20). In particular, we exclude 

from income special pay received 

pursuant to 37 U.S.C. 310. Members of 

the uniformed services are eligible for 

special pay during months in which 

they are subject to hostile fire or certain 

other dangerous conditions specified in 

37 U.S.C. 310. Our current regulations 

implementing section 1612(b)(20) of the 

Act exclude ‘‘hostile fire pay’’ received 

under 37 U.S.C. 310 from income and 

from deeming to spouses and children. 

20 CFR 416.1124(c)(19) and 

416.1161(a)(23). We are replacing the 

term ‘‘hostile fire pay’’ in these sections 

of our rules with the term ‘‘special pay’’ 

to clarify that we exclude from income 

all special pay that a member of the 

uniformed services received pursuant to 

37 U.S.C. 310. 

We are also adding a new paragraph 

to our rules on deeming of income to 

spouses and children that excludes from 

deeming additional types of combatrelated pay beyond special pay under 37 

U.S.C. 310. The Act allows us to waive 

the deeming of income and resources to 

a spouse or child when we determine 

that deeming would be inequitable. 

Section 1614(f) of the Act, 42 U.S.C. 

1382c(f). Effective October 1, 2002, we 

issued instructions under this statutory 

authority to exclude from a spouse’s or 

child’s deemed income any additional 

pay that members of the uniformed 

services received because they were 

deployed to or served in a combat zone. 

We determined that it would be 

inequitable to deem that pay as income 

and reduce a family member’s benefits 

or potentially render the family member 

ineligible for SSI. We are now 

incorporating this exclusion and the 

definition of the term ‘‘combat zone’’ in 

our SSI rules. 

We are also revising our rules on 

deeming of resources to spouses and 

children to exclude retroactive 

payments of certain kinds of military 

pay for 9 months following receipt. 

Congress has retroactively and 

permanently increased the amount of 

special pay under 37 U.S.C. 310 and the 

family separation allowance under 37 

U.S.C. 427. Pursuant to section 1614(f) 

of the Act, we issued instructions 

excluding retroactive payments of the 

increase in special pay received after 

September 2002 from a spouse’s or 

child’s deemed resources for a period of 

9 months following the month of 

receipt. Our instructions similarly 

excluded retroactive payments of the 

family separation allowance that a 

member of the uniformed services 

received as a result of deployment to or 

service in a combat zone. We 

determined that it would be inequitable 

to apply the usual resource deeming 

rules to these retroactive payments in 

recognition of the hardships 

experienced and sacrifices made by 

members of the uniformed services and 

their families. We are now revising our 

SSI rules to incorporate these 

exclusions. 

Finally, we are revising the 

punctuation at the conclusion of 

§ 416.1161(a)(25), (a)(26), and (a)(27). 

We are also clarifying some of the 

language in § 416.1202(a) and (b)(1) and 

reorganizing portions of § 416.1202(b)(1) 

to make that section easier to 

understand. We are making these 

changes solely to improve the clarity of 

these rules, and these changes have no 

substantive effect on our policies or 

procedures. 

Explanation of Changes 

We are amending the regulations in 

20 CFR, part 416, subparts K and L, to 

reflect the changes discussed above. In 

summary, we are: 

1. Revising § 416.1124(c)(19) and 

§ 416.1161(a)(23) to replace the term 

‘‘hostile fire pay’’ with the term ‘‘special 

pay.’’ We are making this technical 

clarification to conform the regulatory 

language to the statutory language in 

section 1612(b)(20) of the Act. 

2. Amending § 416.1160(d) to add a 

definition of the term ‘‘combat zone.’’ 

3. Amending § 416.1161 by adding 

new paragraph (a)(28) to exclude from 

income deemed from an ineligible 

spouse or parent any additional 

increment in pay, other than any 

increase in basic pay (e.g., annual pay 

raises, promotions), if: 

• The spouse or parent received the 

additional pay as a result of deployment 

to or service in a combat zone; and 

• The spouse or parent was not 

receiving the additional pay 

immediately prior to deployment to or 

service in a combat zone. 

4. Revising the punctuation at the 

conclusion of paragraphs (a)(25), (a)(26), 

and (a)(27) of § 416.1161. 

5. Revising paragraphs (a) and (b)(1) 

of § 416.1202 to exclude from resources 

deemed from an ineligible spouse or 

parent (or spouse of a parent), for 9 

months following the month of receipt, 

the unspent portion of any retroactive 

payment of: 

• Special pay the ineligible spouse or 

parent received from one of the 

uniformed services pursuant to 37 

U.S.C. 310; and 

• Family separation allowance the 

ineligible spouse or parent received 

from one of the uniformed services 

pursuant to 37 U.S.C. 427 as a result of 

deployment to or service in a combat 

zone. 

6. Clarifying some language in 

paragraphs (a) and (b)(1) of § 416.1202, 

and reorganizing portions of paragraph 

(b)(1). 

Public Comments 

In the notice of proposed rulemaking 

we published at 74 FR 27727 (June 11, 

2009), we provided the public with a 

60-day period in which to comment on 

the proposed changes. That comment 

period ended on August 10, 2009. We 

did not receive any comments on the 

proposed changes. We are changing our 

rules exactly as we proposed in the 

notice of proposed rulemaking. 

Regulatory Procedures 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that these final rules meet 

the requirements for a significant 

regulatory action under Executive Order 

12866, as amended. Thus, they were 

subject to OMB review. 

Regulatory Flexibility Act 

We certify that these final rules will 

not have a significant economic impact 

on a substantial number of small 

entities, because they affect only 

individuals. Therefore, a regulatory 

flexibility analysis as provided in the 

Regulatory Flexibility Act, as amended, 

is not required. 

Paperwork Reduction Act 

These final rules impose no reporting 

or recordkeeping requirements subject 

to OMB clearance. 

(Catalog of Federal Domestic Assistance 

Program No. 96.006, Supplemental Security 

Income) 

List of Subjects in 20 CFR Part 416 

Administrative practice and 

procedure; Aged, Blind, Disability 

benefits; Public assistance programs; 

Reporting and recordkeeping 

requirements; Supplemental Security 

Income (SSI). 

Dated: November 9, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons set out in the 

preamble, we amend subparts K and L 

of part 416 of chapter III of title 20 Code 

of Federal Regulations as set forth 

below: 


cprice-sewell on DSKHWCL6B1PROD with RULES
7554 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart K—[Amended] 

■ 1. The authority citation for subpart K 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1602, 1611, 

1612, 1613, 1614(f), 1621, 1631, and 1633 of 

the Social Security Act (42 U.S.C. 902(a)(5), 

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

1383, and 1383b); sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

■ 2. Amend § 416.1124 by revising 

paragraph (c)(19) to read as follows: 

§ 416.1124 Unearned income we do not 

count. 

* * * * * 

(c) * * * 

(19) Special pay received from one of 

the uniformed services pursuant to 37 

U.S.C. 310; 

* * * * * 

■ 3. Amend § 416.1160 by adding the 

definition of ‘‘Combat zone’’ in 

paragraph (d) to read as follows: 

§ 416.1160 What is deeming of income? 

* * * * * 

(d) * * * 

Combat zone means 

(i) Any area the President of the 

United States designates by Executive 

Order under 26 U.S.C. 112 as an area in 

which Armed Forces of the United 

States are or have engaged in combat; 

(ii) A qualified hazardous duty area 

(QHDA) Congress designates be treated 

in the same manner as an area 

designated by the President under 26 

U.S.C. 112, provided the member of the 

uniformed services serving in this area 

is entitled to special pay under 37 

U.S.C. 310; or 

(iii) An area where the Secretary of 

Defense or his or her designated 

representative has certified that Armed 

Forces members provide direct support 

for military operations in an area 

designated by the President under 26 

U.S.C. 112 or a QHDA, provided the 

member of the uniformed services 

serving in the area certified by the 

Secretary of Defense or his or her 

designated representative is entitled to 

special pay under 37 U.S.C. 310. 

* * * * * 

■ 4. Amend § 416.1161 as follows: 

■ a. Amend paragraph (a)(23) by 

removing the words ‘‘Hostile fire pay’’ 

and adding the words ‘‘Special pay’’ in 

their place; 

■ b. Remove the word ‘‘and’’ at the end 

of paragraph (a)(25); 

■ c. Remove the period at the end of 

paragraph (a)(26) and add a semicolon 

in its place; 

■ d. Remove the period at the end of 

paragraph (a)(27) and add ‘‘; and’’ in its 

place; and 

■ e. Add paragraph (a)(28) to read as 

follows: 

§ 416.1161 Income of an ineligible spouse, 

ineligible parent, and essential person for 

deeming purposes. 

* * * * * 

(a) * * * 

(28) Any additional increment in pay, 

other than any increase in basic pay, 

received while serving as a member of 

the uniformed services, if— 

(i) Your ineligible spouse or parent 

received the pay as a result of 

deployment to or service in a combat 

zone; and 

(ii) Your ineligible spouse or parent 

was not receiving the additional pay 

immediately prior to deployment to or 

service in a combat zone. 

* * * * * 

Subpart L—[Amended] 

■ 5. The authority citation for subpart L 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1602, 1611, 

1612, 1613, 1614(f), 1621, 1631, and 1633 of 

the Social Security Act (42 U.S.C. 902(a)(5), 

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, 

1383, and 1383b); sec. 211, Pub. L. 93–66, 87 

Stat. 154 (42 U.S.C. 1382 note). 

■ 6. In § 416.1202: 

■ a. Revise the second sentence and 

remove the third sentence of paragraph 

(a); 

■ b. Add new paragraphs (a)(1), (a)(2), 

and (a)(3); and 

■ c. Revise paragraph (b)(1). 

The additions and revisions read as 

follows: 

§ 416.1202 Deeming of resources. 

(a) * * * In addition to the exclusions 

listed in § 416.1210, we also exclude the 

following items: 

(1) Pension funds that the ineligible 

spouse may have. Pension funds are 

defined as funds held in individual 

retirement accounts (IRA), as described 

by the Internal Revenue Code, or in 

work-related pension plans (including 

such plans for self-employed persons, 

sometimes referred to as Keogh plans); 

(2) For 9 months beginning with the 

month following the month of receipt, 

the unspent portion of any retroactive 

payment of special pay an ineligible 

spouse received from one of the 

uniformed services pursuant to 37 

U.S.C. 310; and 

(3) For 9 months beginning with the 

month following the month of receipt, 

the unspent portion of any retroactive 

payment of family separation allowance 

an ineligible spouse received from one 

of the uniformed services pursuant to 37 

U.S.C. 427 as a result of deployment to 

or service in a combat zone (as defined 

in § 416.1160(d)). 

(b) * * * 

(1) General. In the case of a child (as 

defined in § 416.1856) who is under age 

18, we will deem to that child any 

resources, not otherwise excluded under 

this subpart, of his or her ineligible 

parent who is living in the same 

household with him or her (as described 

in § 416.1851). We also will deem to the 

child the resources of his or her 

ineligible stepparent. As used in this 

section, the term ‘‘parent’’ means the 

natural or adoptive parent of a child, 

and the term ‘‘stepparent’’ means the 

spouse (as defined in § 416.1806) of 

such natural or adoptive parent who is 

living in the same household with the 

child and parent. We will deem to a 

child the resources of his or her parent 

and stepparent whether or not those 

resources are available to him or her. 

We will deem to a child the resources 

of his or her parent and stepparent only 

to the extent that those resources exceed 

the resource limits described in 

§ 416.1205. (If the child is living with 

only one parent, we apply the resource 

limit for an individual. If the child is 

living with both parents, or the child is 

living with one parent and a stepparent, 

we apply the resource limit for an 

individual and spouse.) We will not 

deem to a child the resources of his or 

her parent or stepparent if the child is 

excepted from deeming under paragraph 

(b)(2) of this section. In addition to the 

exclusions listed in § 416.1210, we also 

exclude the following items: 

(i) Pension funds of an ineligible 

parent (or stepparent). Pension funds 

are defined as funds held in IRAs, as 

described by the Internal Revenue Code, 

or in work-related pension plans 

(including such plans for self-employed 

persons, sometimes referred to as Keogh 

plans); 

(ii) For 9 months beginning with the 

month following the month of receipt, 

the unspent portion of any retroactive 

payment of special pay an ineligible 

parent (or stepparent) received from one 

of the uniformed services pursuant to 37 

U.S.C. 310; and 

(iii) For 9 months beginning with the 

month following the month of receipt, 

the unspent portion of any retroactive 

payment of family separation allowance 

an ineligible parent (or stepparent) 

received from one of the uniformed 

services pursuant to 37 U.S.C. 427 as a 

result of deployment to or service in a 


cprice-sewell on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 7555 

combat zone (as defined in 

§ 416.1160(d)). 

* * * * * 

[FR Doc. 2010–3383 Filed 2–19–10; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 558 

[Docket No. FDA–2010–N–0002] 

New Animal Drugs for Use in Animal 

Feeds; Bacitracin Zinc; Nicarbazin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of an original abbreviated new 

animal drug application (ANADA) filed 

by Alpharma, Inc. The ANADA 

provides for use of single-ingredient 

Type A medicated articles containing 

bacitracin zinc and nicarbazin to make 

two-way combination drug Type C 

medicated feeds for broiler chickens. 

DATES: This rule is effective February 

22, 2010. 

FOR FURTHER INFORMATION CONTACT: John 

K. Harshman, Center for Veterinary 

Medicine (HFV–170), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8197, 

e-mail: john.harshman@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Alpharma, 

Inc., 440 Rte. 22, Bridgewater, NJ 08807, 

filed ANADA 200–478 for use of 

ALBAC 50 (bacitracin zinc) and 

NICARB (nicarbazin) single-ingredient 

Type A medicated articles to make twoway combination drug Type C 

medicated feeds for broiler chickens. 

Alpharma, Inc.’s, ANADA 200–478 is 

approved as a generic copy of NADA 

141–146, sponsored by Phibro Animal 

Health, for combination use of 

BACIFERM (bacitracin zinc) and 

NICARB. The application is approved as 

of January 21, 2010, and the regulations 

are amended in 21 CFR 558.366 to 

reflect the approval. 

In accordance with the freedom of 

information provisions of 21 CFR part 

20 and 21 CFR 514.11(e)(2)(ii), a 

summary of safety and effectiveness 

data and information submitted to 

support approval of this application 

may be seen in the Division of Dockets 

Management (HFA–305), Food and Drug 

Administration, 5630 Fishers Lane, rm. 

1061, Rockville, MD 20852, between 

9 a.m. and 4 p.m., Monday through 

Friday. 

The agency has determined under 21 

CFR 25.33 that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

congressional review requirements in 5 

U.S.C. 801–808. 

List of Subjects in 21 CFR Part 558 

Animal drugs, Animal feeds. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 558 is amended as follows: 

PART 558—NEW ANIMAL DRUGS FOR 

USE IN ANIMAL FEEDS 

■ 1. The authority citation for 21 CFR 

part 558 continues to read as follows: 

Authority: 21 U.S.C. 360b, 371. 

§ 558.366 [Amended] 

■ 2. In § 558.366, in the table in 

paragraph (d), in the ‘‘Nicarbazin in 

grams per ton’’ column, in the entry for 

‘‘113.5 (0.0125 pct.)’’ under the 

‘‘Combination in grams per ton’’ column, 

in the entry for ‘‘Bacitracin zinc 4 to 50,’’ 

add ‘‘046573’’ in numeral sequence 

under the ‘‘Sponsor’’ column. 

Dated: February 17, 2010. 

William T. Flynn, 

Acting Director, Center for Veterinary 

Medicine. 

[FR Doc. 2010–3328 Filed 2–19–10; 8:45 am] 

BILLING CODE 4160–01–S 


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