Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Rules and Regulations 5807 

Cutoff Time, if the institution should 

fail on that day, the FDIC would 

recognize that sweep transaction as 

completed for claims and receivership 

purposes.); 

(iii) For repurchase agreement sweep 

accounts, where, as a result of the sweep 

transaction, the customer becomes 

either the legal owner of identified 

assets subject to repurchase or obtains a 

perfected security interest in those 

assets, the FDIC will recognize, for 

receivership purposes, the customer’s 

ownership interest or security interest 

in the assets. 

(4) For deposit insurance and 

receivership purposes in connection 

with the failure of an insured depository 

institution, the FDIC will determine the 

rights of the depositor or other liability 

holder as of the point the Close-ofBusiness Account Balance is calculated. 

(e) Disclosure requirements. 

Beginning July 1, 2009, in all new 

sweep account contracts, in renewals of 

existing sweep account contracts and 

within sixty days after July 1, 2009, and 

no less than annually thereafter, 

institutions must prominently disclose 

in writing to sweep account customers 

whether their swept funds are deposits 

within the meaning of 12 U.S.C. 1813(l). 

If the funds are not deposits, the 

institution must further disclose the 

status such funds would have if the 

institution failed—for example, general 

creditor status or secured creditor 

status. Such disclosures must be 

consistent with how the institution 

reports such funds on its quarterly 

Consolidated Reports of Condition and 

Income or Thrift Financial Reports. The 

disclosure requirements imposed under 

this provision do not apply to sweep 

accounts where: The transfers are 

within a single account, or a subaccount; or the sweep account involves 

only deposit-to-deposit sweeps, such as 

zero-balance accounts, unless the sweep 

results in a change in the customer’s 

insurance coverage. 

By order of the Board of Directors. 

Dated at Washington, DC, this 27th day of 

January, 2009. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–2113 Filed 1–30–09; 8:45 am] 

BILLING CODE 6714–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA–2008–0070] 

RIN 0960–AG93 

Expiration Date Extension for 

Musculoskeletal Body System Listings 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: This final rule extends for 2 

years the date on which the 

Musculoskeletal System Listing of 

Impairments will no longer be effective. 

We use the body system listings at the 

third step of the sequential evaluation 

process when we evaluate your claim 

for benefits based on disability under 

title II and title XVI of the Social 

Security Act. Other than extending the 

effective date of the listings, we have 

not revised the musculoskeletal listings. 

This extension will ensure that we 

continue to have the medical evaluation 

criteria in the listings to adjudicate 

disability claims involving disorders of 

the musculoskeletal body system at the 

third step of the sequential evaluation 

process. 

DATES: This final rule is effective on 

February 2, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Cheryl A. Williams, Acting Director, 

Office of Medical Listings 

Improvements, 6401 Security 

Boulevard, Baltimore, MD 21235–6401. 

Call (410) 966–4163 for further 

information about this final rule. 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 

We use the Listing of Impairments 

(the listings) at the third step of the 

sequential evaluation process to 

evaluate claims filed by adults and 

children for benefits based on disability 

under the title II and title XVI programs. 

We divide the listings into two parts: 

Part A for adults and part B for children. 

If you are age 18 or over, we apply the 

listings in part A when we assess your 

claim. If you are under age 18, we first 

use the criteria in part B of the listings. 

If the criteria in part B do not apply, we 

may use the criteria in part A when 

those criteria give appropriate 

consideration to the effects of the 

impairment(s) in children. (See 

§§ 404.1525 and 416.925.) 

Explanation of Changes 

In this final rule, we are extending 

until February 18, 2011, the date on 

which the Musculoskeletal System (1.00 

and 101.00) listings will no longer be 

effective. We periodically review and 

update the listings in light of medical 

advances in disability evaluation and 

treatment and our program experience. 

We last updated the medical criteria for 

the Musculoskeletal System listings on 

November 19, 2001. 66 FR 58010. While 

we intend to publish proposed and final 

rules to update the Musculoskeletal 

System listings as quickly as possible, 

we cannot publish final rules revising 

these listings by February 19, 2009, the 

current expiration date. 

Regulatory Procedures 

Justification for Final Rule 

We follow the Administrative 

Procedure Act (APA) rulemaking 

procedures specified in 5 U.S.C. 553 

when developing regulations. 42 U.S.C. 

902(a)(5). The APA provides exceptions 

to its notice and public comment 

procedures when an agency finds there 

is good cause for dispensing with such 

procedures on the basis that they are 

impracticable, unnecessary, or contrary 

to the public interest. We have 

determined that, under 5 U.S.C. 

553(b)(B), good cause exists for 

dispensing with the notice and public 

comment procedures for this rule. Good 

cause exists because this final rule only 

extends the date on which the 

musculoskeletal body system listings 

will no longer be effective. It makes no 

substantive changes to the listings. The 

current regulations expressly provide 

that we may extend, revise, or repromulgate the listings. Therefore, we 

have determined that opportunity for 

prior comment is unnecessary, and we 

are issuing this regulation as a final rule. 

In addition, we find good cause for 

dispensing with the 30-day delay in the 

effective date of a substantive rule 

provided by 5 U.S.C. 553(d)(3). As 

explained above, we are not making any 

substantive changes in the body system 

listings. Without an extension of the 

expiration dates for these listings, we 

will lack the medical evaluation criteria 

needed for assessing impairments in 

this body system at the third step of the 

sequential evaluation process. In order 

to ensure that we continue to have these 

listings in our rules, we find that it is 


dwashington3 on PROD1PC60 with RULES
5808 Federal Register / Vol. 74, No. 20 / Monday, February 2, 2009 / Rules and Regulations 

in the public interest to make this final 

rule effective on the date of publication. 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as amended. Thus, OMB did not 

review it. We have also determined that 

this final rule meets the plain language 

requirement of Executive Order 12866, 

as amended. 

Regulatory Flexibility Act 

We certify that this final rule does not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only individuals. 

Therefore, a regulatory flexibility 

analysis, as provided in the Regulatory 

Flexibility Act, as amended, is not 

required. 

Paperwork Reduction Act 

This final rule imposes no reporting/ 

recordkeeping requirements 

necessitating clearance by OMB. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social 

Security-Survivors Insurance; 96.006, 

Supplemental Security Income) 

List of Subjects in 20 CFR Part 404 

Administrative practice and 

procedure, Blind, Disability benefits, 

Old-Age, Survivors and Disability 

Insurance, Reporting and recordkeeping 

requirements, Social Security. 

Dated: January 22, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons set forth in the 

preamble, we amend part 404, subpart 

P, chapter III of title 20 of the Code of 

Federal Regulations as set forth below. 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart P—[Amended] 

■ 1. The authority citation for subpart P 

of part 404 continues to read as follows: 

Authority: Secs. 202, 205(a), (b), and (d)– 

(h), 216(i), 221(a) and (i), 222(c), 223, 225, 

and 702(a)(5) of the Social Security Act (42 

U.S.C. 402, 405(a), (b), and (d)–(h), 416(i), 

421(a) and (i), 422(c), 423, 425, and 

902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 

Stat. 2105, 2189; sec. 202, Pub. L. 108–203, 

118 Stat. 509 (42 U.S.C. 902 note). 

■ 2. Amend appendix 1 to subpart P of 

part 404 by revising item 2 of the 

introductory text before part A to read 

as follows: 

Appendix 1 to Subpart P of Part 404— 

Listing of Impairments 

* * * * * 

2. Musculoskeletal System (1.00 and 

101.00): February 18, 2011. 

* * * * * 

[FR Doc. E9–2109 Filed 1–30–09; 8:45 am] 

BILLING CODE 4191–02–P 

AGENCY FOR INTERNATIONAL 

DEVELOPMENT 

22 CFR Part 215 

RIN 0412–AA61 

Privacy Act of 1974, Implementation of 

Exemptions 

AGENCY: United States Agency for 

International Development. 

ACTION: Final rule; delay of effective 

date and addition of comment period. 

SUMMARY: This document delays the 

effective date by 60 days and provides 

a 30-day public comment period to run 

concurrently for the final rule 

exempting portions of the Partner 

Vetting System from one or more 

provisions of the Privacy Act, as 

published in the Federal Register on 

January 2, 2009. 

DATES: The effective date for the final 

rule published on January 2, 2009 (74 

FR 9), is delayed until April 3, 2009. 

Written comments must be received on 

or before March 4, 2009. 

ADDRESSES: Written comments may be 

submitted electronically through the 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 

Written comments may also be 

submitted by mail to Rhonda Turnbow, 

Deputy Chief Privacy Officer, United 

States Agency for International 

Development, 1300 Pennsylvania 

Avenue, NW., Office 2.12–003, 

Washington, DC 20523–2120. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, please contact Jeff 

Denale, Chief, Counterterrorism and 

Information Security Division, Office of 

Security, United States Agency for 

International Development, Ronald 

Reagan Building, 1300 Pennsylvania 

Avenue, NW., Washington, DC 20523. 

SUPPLEMENTARY INFORMATION: The 

United States Agency for International 

Development published a Final Rule in 

the Federal Register on January 2, 2009 

(74 FR 9), FR Doc. E8–31131. Pursuant 

to a January 20, 2009 White House 

Memorandum on regulatory review, 

agencies are requested to consider 

extending for 60 days the effective date 

of regulations that have been published 

in the Federal Register but not yet taken 

effect, for the purpose of reviewing 

questions of law and policy raised by 

those regulations. Where such an 

extension is made, agencies are 

requested to immediately reopen the 

notice-and-comment period for 30 days 

to allow interested parties to provide 

comments about issues of law and 

policy raised by those regulations. As a 

result, USAID has delayed the effective 

date of the final rule from February 2, 

2009 to April 3, 2009. USAID has also 

opened a 30-day public comment 

period. 

Dated: January 28, 2009. 

Randy T. Streufert, 

Director, Office of Security. 

[FR Doc. E9–2220 Filed 1–30–09; 8:45 am] 

BILLING CODE 6116–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 440 

[CMS–2232–IFC] 

RIN 0938–A048 

Medicaid Program; State Flexibility for 

Medicaid Benefit Packages: Delay of 

Effective Date 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Interim final rule with comment 

period: delay of effective date and 

reopening of the comment period. 

SUMMARY: In accordance with the 

memorandum of January 20, 2009, from 

the Assistant to the President and Chief 

of Staff, entitled ‘‘Regulatory Review 

Plan,’’ this action temporarily delays for 

60 days the effective date of the final 

rule entitled, Medicaid Program; State 

Flexibility for Medicaid Benefit 

Packages’’ published in the December 3, 

2008 Federal Register (73 FR 73694). 

The temporary 60-day delay in effective 

date is necessary to give Department 

officials the opportunity for further 

review of the issues of law and policy 

raised by this rule. In addition, this 

action reopens the comment period on 

the policies set out in the December 3, 

2008 final rule to allow interested 

parties to provide comments about 

issues of law and policy raised by the 

rule. 


dwashington3 on PROD1PC60 with RULES