52706 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Proposed Rules 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0631/Airspace 

Docket No. 09–ASW–19.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRM’s should contact the FAA’s 

Office of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface for SIAPs 

operations at Albany Municipal Airport, 

Albany, TX. Controlled airspace is 

needed for the safety and management 

of IFR operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9T, signed August 27, 2009 and 

effective September 15, 2009, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which 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, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106 describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in subtitle VII, part A, subpart 

I, section 40103. Under that section, the 

FAA is charged with prescribing 

regulations to assign the use of airspace 

necessary to ensure the safety of aircraft 

and the efficient use of airspace. This 

regulation is within the scope of that 

authority as it would establish 

controlled airspace at Albany Municipal 

Airport, Albany, TX. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE 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 FAA Order 7400.9T, 

Airspace Designations and Reporting 

Points, signed August 27, 2009, and 

effective September 15, 2009, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ASW TX E5 Albany, TX [New] 

Albany Municipal Airport, TX 

(Lat. 32°43′17′′ N., long. 99°16′03′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Albany Municipal Airport, and 

within 4 miles each side of the 178° bearing 

from the airport extending from the 6.4-mile 

radius to 10.6 miles south of the airport, and 

within 4 miles each side of the 358° bearing 

from the airport extending from the 6.4-mile 

radius to 10.7 miles north of the airport. 

* * * * * 

Issued in Fort Worth, TX, on October 1, 

2009. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. E9–24650 Filed 10–13–09; 8:45 am] 

BILLING CODE 4901–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2009–0067] 

RIN 0960–AH08 

Transfer of Accumulated Benefit 

Payments 

AGENCY: Social Security Administration 

(SSA). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to amend our 

regulations to allow a representative 

payee who will no longer be serving in 

that capacity to transfer accumulated 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Proposed Rules 52707 

benefit payments and interest directly to 

a beneficiary if we determine that it 

would be in the best interest of the 

beneficiary. This change would give us 

more flexibility in deciding how 

conserved funds should be handled in 

these circumstances. The change would 

also reduce or eliminate delays in the 

delivery of conserved funds to some 

beneficiaries. 

DATES: To be sure that we consider your 

comments, we must receive them by 

December 14, 2009. 

ADDRESSES: You may submit comments 

by any one of four methods—Internet, 

fax, mail, or hand delivery. Do not 

submit the same comments multiple 

times or by more than one method. 

Regardless of which method you 

choose, please state that your comments 

refer to Docket No. SSA–2009–0067 so 

that we may associate your comments 

with the correct regulation. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information, such as Social 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

this method for submitting your 

comments. Visit the Federal 

eRulemaking portal at http:// 

www.regulations.gov. Use the Search 

function of the webpage to find docket 

number SSA–2009–0067, then submit 

your comment. Once you submit your 

comment, the system will issue you a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately as we 

must manually post each comment. It 

may take up to a week for your 

comment to be viewable. 

2. Fax: Fax comments to (410) 966– 

2830. 

3. Mail: Address your comments to 

the Commissioner of Social Security, 

P.O. Box 17703, Baltimore, MD 21235– 

7703. 

4. Hand delivery: Deliver your 

comments to the Office of Regulations, 

Social Security Administration, 137 

Altmeyer Building, 6401 Security 

Boulevard, Baltimore, Maryland 21235– 

6401, between 8 a.m. and 4:30 p.m., 

Eastern Time, business days. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at http://www.regulations.gov or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Richard Bresnick, Office of Regulations, 

Social Security Administration, 6401 

Security Boulevard, Baltimore, MD 

21235–6401, (410) 965–1758. 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 

Our representative payment 

regulations are in Subpart U of part 404 

and subpart F of part 416. In certain 

cases, we will appoint a representative 

payee to receive benefit payments on 

behalf of a beneficiary. Generally, we 

appoint a representative payee if we 

have determined that the beneficiary is 

not able to manage his or her own 

benefits or direct the management of 

benefit payments in his or her interest. 

The payee must use the payments only 

for the beneficiary’s use and benefit. 

The payee must conserve or invest for 

the beneficiary any funds remaining 

after paying for the beneficiary’s current 

needs. 

If a payee is no longer going to serve 

in that capacity, our regulations require 

the payee to return conserved funds to 

us or transfer them to a successor payee, 

as we will specify. The payee is not 

permitted to transfer these conserved 

funds to a beneficiary directly. 20 CFR 

404.2060 and 416.660. The payee’s 

inability to directly transfer funds to a 

beneficiary can cause difficulty for both 

the beneficiary and the representative 

payee. When we determine that a payee 

is no longer needed because the 

beneficiary has become capable of 

managing his or her own benefits, this 

two-step process delays our payment of 

the conserved funds to the beneficiary. 

Our regulatory process is particularly 

problematic for those beneficiaries 

transitioning out of foster care and for 

their payees. These beneficiaries might 

need immediate access to the conserved 

funds to pay for rent or other 

necessities. Additionally, at least one 

State law requires State agency 

representative payees for beneficiaries 

in foster care to turn over all conserved 

funds directly to the beneficiary when 

he or she transitions out of foster care. 

Explanation of Changes 

We propose to revise §§ 404.2060 and 

416.660 of our regulations to permit a 

payee to transfer conserved funds to a 

beneficiary if we so specify. The 

proposed change would give us the 

discretion to authorize a payee-tobeneficiary transfer of conserved funds 

and make the representative payment 

process more efficient. Allowing direct 

transfer would conserve our scarce 

administrative resources and provide 

faster access to beneficiaries who have 

become capable of managing their own 

benefits. 

Clarity of These Proposed Rules 

Executive Order 12866 requires each 

agency to write all rules in plain 

language. In addition to your 

substantive comments on these 

proposed rules, we invite your 

comments on how to make them easier 

to understand. For example: 

• Have we organized the material to 

suit your needs? 

• Are the requirements in the rules 

clearly stated? 

• Do the rules contain technical 

language or jargon that is not clear? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rules easier to 

understand? 

• Would more (but shorter) sections 

be better? 

• Could we improve clarity by adding 

tables, lists or diagrams? 

• What else could we do to make the 

rules easier to understand? 

When Will We Start To Use These 

Rules? 

We will not use these rules until we 

evaluate the public comments we 

receive on them, determine whether 

they should be issued as final rules, and 

issue final rules in the Federal Register. 

If we publish final rules, we will 

explain in the preamble how we will 

apply them, and summarize and 

respond to the significant public 

comments. Until the effective date of 

any final rules, we will continue to use 

our current rules. 

Regulatory Procedures 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that these proposed rules do 

not meet the requirements for a 

significant regulatory action under 

Executive Order 12866. Thus, they were 

not reviewed by OMB. 

Regulatory Flexibility Act 

We certify that these proposed rules, 

if published in final, would not have a 

significant economic impact on a 

substantial number of small entities 

because they would affect primarily 

individuals. Accordingly, a regulatory 

flexibility analysis as provided in the 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS
52708 Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Proposed Rules 

Regulatory Flexibility Act, as amended, 

is not required. 

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: October 2, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

For the reasons set out in the 

preamble, we propose to 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. E9–24648 Filed 10–13–09; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 301 

[REG–116614–08] 

RIN 1545–BH90 

Disregarded Entities and Excise Taxes; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking by cross-reference to 

temporary regulations. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking by cross-reference to 

temporary regulations (REG–116614–08) 

that was published in the Federal 

Register on Monday, September 14, 

2009, clarifying that a single-owner 

eligible entity that is disregarded as an 

entity separate from its owner for any 

purpose, but regarded as a separate 

entity for certain excise tax purposes, is 

treated as a corporation for tax 

administration purposes related to those 

excise taxes. 

FOR FURTHER INFORMATION CONTACT: 

Michael H. Beker, (202) 622–3070 (not 

a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The correction notice that is the 

subject of this document is under 

section 7701 of the Internal Revenue 

Code. 

Need for Correction 

As published on Monday, September 

14, 2009 (74 FR 46957), the notice of 

proposed rulemaking by cross-reference 

to temporary regulations (REG–116614– 

08) contains errors that may prove to be 

misleading and are in need of 

clarification. 

Correction of Publication 

Accordingly, the publication of the 

notice of proposed rulemaking by crossreference to temporary regulations 

(REG–116614–08), which was the 

subject of FR Doc. E9–21986, is 

corrected as follows: 

1. On page 46958, column 2, 

instructional paragraph 2, item number 

4, the language ‘‘4. Revising paragraphs 

(e)(2), (e)(5) and (e)(6).’’ is corrected to 

read ‘‘4. Revising paragraph (e)(2).’’. 

2. On page 46958, column 2, new item 

number 5 is added to read ‘‘5. Adding 

two sentences at the end of paragraph 

(e)(5).’’. 

3. On page 46958, column 2, 

instructional paragraph 2, new item 

number 6 is added to read ‘‘6. Adding 

one sentence at the end of paragraph 

(e)(6).’’. 

§ 301.7701–2 [Corrected] 

4. On page 46958, column 2, in 

§ 301.7701–2, paragraph (e)(5), first line, 

the language ‘‘[The text of this 

proposed’’ is corrected to read ‘‘* * * 

[The text of this proposed’’. 

5. On page 46958, column 2, in 

§ 301.7701–2, paragraph (e)(6), first line, 

the language, ‘‘[The text of this 

proposed’’ is corrected to read ‘‘* * * 

[The text of this proposed’’. 

Diane O. Williams, 

Federal Register Liaison, Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel, (Procedure 

and Administration). 

[FR Doc. E9–24655 Filed 10–13–09; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF LABOR 

Mine Safety and Health Administration 

30 CFR Parts 70, 71 and 90 

RIN 1219–AB48 

Respirable Coal Mine Dust: 

Continuous Personal Dust Monitor 

(CPDM) 

AGENCY: Mine Safety and Health 

Administration (MSHA), Labor. 

ACTION: Request for information. 

SUMMARY: This document requests 

information related to the use of the 


cprice-sewell on DSK2BSOYB1PROD with PROPOSALS