40492 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

part 997 to its regulations to implement

provisions of Gramm-Leach-Bliley, Pub.

L. No. 106–102, 113 Stat. 1338, 1455–56

(Nov. 12, 1999) related to adjustments in

the end-date for the statutorily required

annual payments made by the Banks to

REFCORP. In § 997.5 of this new part,

the annual value of the annuity

referenced in section 607 of GrammLeach-Bliley was inadvertently omitted.

To avoid any confusion as to the

meaning of the rule, this correction adds

the relevant value to the final rule.

Correction of Publication

For the reasons set forth above, the

Finance Board hereby corrects FR Doc.

00–8116, published in the Federal

Register on April 3, 2000 (65 FR 17435)

as follows.

§ 997.5 [Corrected]

1. On page 17438, in the third

column, add to § 997.5, paragraph (a),

line 8, the phrase ‘‘of $300 million per

year’’ after the word ‘‘annuity.’’

Dated: June 22, 2000.

By the Board of Directors of the Federal

Housing Finance Board.

Bruce A. Morrison,

Chairman.

[FR Doc. 00–16543 Filed 6–29–00; 8:45 am]

BILLING CODE 6725–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 00–ASO–12]

Establishment of Class D Airspace;

Stuart, FL

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action establishes Class

D airspace at Stuart, FL. Air traffic

controllers at Witham Field in Stuart,

FL, will be certificated weather

observers by October 5, 2000. Therefore,

the airport will meet criteria for Class D

airspace on October 5, 2000. Class D

surface area airspace is required when

the control tower is open to

accommodate current Standard

Instrument Approach Procedures

(SIAPs) and for Instrument Flight Rules

(IFR) operations at the airport. This

section establishes Class D airspace

extending upward from the surface to

and including 2,500 feet MSL within a

4-mile radius of the Witham Field

Airport.

EFFECTIVE DATE: 0901 UTC, October 5,

2000.

FOR FURTHER INFORMATION CONTACT:

Nancy B. Shelton, Manager, Airspace

Branch, Air Traffic Division, Federal

Aviation Administration, P.O. Box

20636, Atlanta, Georgia 30320;

telephone (404) 305–5627.

SUPPLEMENTARY INFORMATION:

History

On May 5, 2000, the FAA proposes to

amend part 71 of the Federal Aviation

Regulations (14 CFR part 71) by

establishing Class D airspace at Stuart,

FL (65 FR 26154). Designations for Class

D airspace extending upward from the

surface of the earth are published in

FAA Order 7400.9G, dated September,

1, 1999, and effective September 16,

1999, which is incorporated by

reference by 14 CFR part 71.1. The Class

D designations listed in this document

will be published subsequently in the

Order.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposed

were received.

The Rule

This amendment to Part 71 of the

Federal Aviation Regulations (14 CFR

part 71) establishes Class D airspace at

Key West NAS.

The FAA has determined that this

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 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—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for 14 CFR

Part 71 continues to read as follows:

Authority: 49 U.S.C. 106(g); 40103, 40113,

40120; EO 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp. p. 389; 14 CFR 11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of Federal Aviation

Administration Order 7400 9G, Airspace

Designations and Reporting Points,

dated September 1, 1999, and effective

September 16, 1999, is amended as

follows:

Paragraph 5000 Class D Airspace.

* * * * *

ASO FL D Stuart, FL [New]

Witham Field Airport, FL

(Lat. 27°10′54′′N, long. 80°13′16′′W)

That airspace extending upward from the

surface to and including 2,500 feet MSL

within a 4-mile radius of Witham Field

Airport. This Class D airspace area is

effective during the specific dates and times

established in advance by a Notice to

Airmen. The effective date and time will

thereafter be continuously published in the

Airport/Facility Directory.

* * * * *

Issued in College Park, Georgia, on June 22,

2000.

Wade T. Carpenter,

Acting Manager, Air Traffic Division,

Southern Region.

[FR Doc. 00–16660 Filed 6–29–00; 8:45 am]

BILLING CODE 4910–13–M

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

RIN 0960–AE77

Denial of Supplemental Security

Income (SSI) Benefits for Fugitive

Felons and Probation and Parole

Violators

AGENCY: Social Security Administration

(SSA).

ACTION: Final rules.

SUMMARY: These final regulations

change our rules to reflect an

amendment to the Social Security Act

(the Act) made by Public Law (Pub. L.)

104–193, the Personal Responsibility

and Work Opportunity Reconciliation

Act of 1996. The amendment prohibits

payment of SSI benefits to certain

fugitives and probation and parole

violators.

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40493

EFFECTIVE DATE: These final regulations

are effective July 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Teresa Robinson, Social Insurance

Specialist, Social Security

Administration, Office of Program

Benefits, 3–R–1 Operations Building,

6401 Security Boulevard, Baltimore, MD

21235–6401, (410) 965–7960 or TTY

(410) 966–5609. For information on

eligibility, claiming benefits, or coverage

of earnings, call our national toll-free

number, 1–800–772–1213 or TTY 1–

800–325–0778.

SUPPLEMENTARY INFORMATION:

Background

Section 202(a) of Pub. L. 104–193

added section 1611(e)(5) of the Act to

preclude eligibility for SSI benefits for

certain fugitives and probation and

parole violators. In general, section

1611(e)(5) of the Act provides that a

person shall not be considered an

eligible individual or eligible spouse for

purposes of the SSI program for any

month during which the person is—

• Fleeing to avoid prosecution for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which the person flees (or

which, in the case of the State of New

Jersey, is a high misdemeanor under the

laws of that State);

• Fleeing to avoid custody or

confinement after conviction for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which the person flees (or

which, in the case of the State of New

Jersey, is a high misdemeanor under the

laws of that State); or

• Violating a condition of probation

or parole imposed under Federal or

State law.

Section 1611(e)(5) of the Act was

effective on August 22, 1996, the date of

the enactment of Pub. L. 104–193, and

applies with respect to eligibility for SSI

benefits for months beginning in August

1996.

Explanation of Final Regulations

These final rules amend our

regulations for the SSI program to

indicate that a person will not be

eligible for SSI benefits under the

circumstances described in section

1611(e)(5) of the Act. They make

changes to our regulations in subparts B,

G, and M of 20 CFR part 416 to

implement section 202(a) of Pub. L.

104–193.

Subpart B explains the general rules

that we apply in determining a person’s

eligibility for SSI benefits. In general, a

person may be eligible for SSI benefits

if he or she is a resident of the United

States, has limited income and

resources, and is age 65 or older, blind,

or disabled.

Section 416.202 of subpart B lists the

basic requirements which must be met

in order for a person to be eligible for

SSI benefits. We are amending § 416.202

to state that, in order to be eligible for

SSI benefits, a person must not be—

(1) Fleeing to avoid prosecution for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which the person flees (or

which, in the case of the State of New

Jersey, is a high misdemeanor under the

laws of that State);

(2) Fleeing to avoid custody or

confinement after conviction for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which the person flees (or

which, in the case of the State of New

Jersey, is a high misdemeanor under the

laws of that State); or

(3) Violating a condition of probation

or parole imposed under Federal or

State law.

To make this change, we are

redesignating existing paragraph (f) of

§ 416.202 as paragraph (g) and adding a

new paragraph (f) which would contain

the provisions described above.

Our regulations in subpart G of part

416 require an SSI recipient, a

representative payee of an SSI recipient,

or an applicant for SSI benefits to report

events that may affect eligibility or

continued eligibility for SSI benefits or

the amount of benefits. The regulations

explain that a failure to make a timely

report of such an event may result in the

assessment of a penalty deduction

against an individual’s benefits.

We recognize that many SSI

applicants do not report their status

under section 1611(e)(5) of the Act to

us. Thus, we will not depend on the

reports of the individual recipient or

applicant for information that he or she

is fleeing prosecution, custody or

confinement or violating a condition of

probation or parole. We will seek law

enforcement information in determining

whether someone is ineligible under

this provision. Our principal source will

be records of Federal and State law

enforcement agencies and penal

institutions, but we will continue to

explore all avenues of information

which will help us decide whether

individuals are ineligible, particularly

under the provisions of section

1611(e)(5) of the Act.

Even though we will not be

considering claimants as a primary

source of information regarding their

status under section 1615(e)(5), it is

important to include this self-reporting

requirement in the regulations for

purposes of imposing monetary

penalties under the Act. Section 416.708

of subpart G describes events which

must be reported by an individual

receiving SSI benefits, a representative

payee for an SSI recipient, or an

applicant awaiting a final decision on

an application for SSI benefits. We are

amending § 416.708 by adding a new

paragraph (o) to provide that an

individual must report to us that he or

she is fleeing to avoid prosecution for a

crime, fleeing to avoid custody or

confinement after conviction for a

crime, or violating a condition of

probation or parole, in the

circumstances described in section

1611(e)(5) of the Act.

Subpart M of part 416 provides rules

for suspending or terminating an

individual’s SSI benefit payments when

he or she no longer meets the

requirements for eligibility for SSI

benefits. We are adding new § 416.1339

to this subpart to explain the

requirement to suspend payments when

an SSI recipient is found to be an

individual who falls under one of the

provisions of section 1611(e)(5) of the

Act.

Section 416.1339 provides that

suspension of benefit payments because

an individual is a fugitive or a probation

or parole violator, as described above, is

effective with the first day of whichever

of the following months is earlier—

• The month in which a warrant or

order for the individual’s arrest or

apprehension, an order requiring the

individual’s appearance before a court

or other appropriate tribunal (e.g., a

parole board), or a similar order is

issued by a court or other duly

authorized tribunal on the basis of an

appropriate finding that the

individual—

(1) Is fleeing, or has fled, to avoid

prosecution for a crime, or an attempt to

commit a crime, which is a felony under

the laws of the place from which the

person flees (or which, in the case of the

State of New Jersey, is a high

misdemeanor under the laws of that

State);

(2) Is fleeing, or has fled, to avoid

custody or confinement after conviction

for a crime, or an attempt to commit a

crime, which is a felony under the laws

of the place from which the person flees

(or which, in the case of the State of

New Jersey, is a high misdemeanor

under the laws of that State); or

(3) Is violating, or has violated, a

condition of his or her probation or

parole imposed under Federal or State

law; or

• The first month during which the

individual fled to avoid such

prosecution, fled to avoid such custody

40494 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

or confinement after conviction, or

violated a condition of his or her

probation or parole, if indicated in such

warrant or order, or in a decision by a

court or other appropriate tribunal.

Section 416.1339 explains that an

individual will not be considered to be

ineligible for SSI benefits and benefit

payments will not be suspended under

the provisions of that section for any

month prior to August 1996.

Section 416.1339 also explains that

benefits will be resumed, if otherwise

payable, effective with the first month

throughout which the individual is

determined to be no longer fleeing to

avoid such prosecution, fleeing to avoid

such custody or confinement after

conviction, or violating a condition of

his or her probation or parole.

We are also amending the second

sentence of § 416.1337(b)(3)(ii) which

contains a cross-reference to the

sections of subpart M which describe

conditions under which SSI benefits are

suspended. We are revising the crossreference to include a reference to new

§ 416.1339.

Comments on Notice of Proposed

Rulemaking (NPRM)

On June 12, 1998, we published an

NPRM in the Federal Register at 63 FR

32161 proposing to change our rules to

prohibit payment of SSI benefits to

certain fugitives and probation and

parole violators. Interested parties were

invited to participate in this rulemaking

proceeding and were afforded 60 days

within which to submit written

comments on the proposal to SSA. We

received two letters with public

comments. Following are summaries of

these comments and our responses to

them.

Comment: One commenter said that

he interprets ‘‘fleeing to avoid

prosecution for a crime’’ to mean that

the person fleeing has been indicted for

a criminal act. He questions whether,

absent an indictment, one can truly say

that an individual is fleeing prosecution

for a crime.

Response: While we understand the

points raised by the commenter, we do

not agree with this interpretation of the

statute. Prosecution of an individual

includes all steps necessary to reach a

judicial determination of guilt or

innocence beginning the day the

information, criminal complaint or

petition is filed with the proper

authorities and a warrant is issued. This

occurs when law enforcement personnel

present evidence to a judge or

magistrate that convinces him or her

that it is reasonably likely that a crime

has taken place and that the individual

is criminally responsible for that crime.

In these cases, the judge or magistrate

issues a warrant for the individual’s

arrest. For an individual to be indicted,

an accusation must be found and

presented to the court by a grand jury.

Because there are situations in which

individuals are prosecuted without

indictment, it would be contrary to

statute to adopt this suggestion.

Comment: This same commenter

points out that the proposed regulations

fail to say whether or not an individual

must be aware that he or she has been

indicted for an alleged criminal act.

Response: We have no way of

determining whether or not an

individual is aware that he or she is

wanted for a criminal offense and is

knowingly fleeing from prosecution. We

must rely on official reports and other

similar determinations from various law

enforcement agencies that an individual

is fleeing to avoid prosecution.

Comment: This commenter also

suggested that we further define

‘‘violating a condition of probation or

parole imposed under Federal or State

law,’’ to exclude minor infractions such

as missing an appointment with a parole

officer. The commenter feels that unless

an individual has been adjudicated by a

State or by the Federal government to be

in violation of probation or parole, SSA

has no basis for discontinuing or

denying benefits.

Response: As we state in

§ 416.1339(b) of these final rules, SSI

payments will be stopped when a court

or other authorized tribunal finds that

the individual is violating, or has

violated, a condition of his or her

probation or parole and the court has

either: issued an order for the

individual’s arrest or apprehension, or

issued an order requiring the

individual’s appearance before a court

or other tribunal. Of course, individuals

may dispute a finding that they are in

violation of their probation or parole

with the reporting agency.

Comment: In addition to the above

comments, the commenter expressed

concern about the overly strict

implementation of this statute and the

impact it will have on petty criminals.

He cited an example of an individual

who moved to a different State ten years

ago, thereby violating a condition of his

parole commitment. The originating

crime was not violent in nature and the

State with jurisdiction of the parole

order does not seek to have him

returned. The commenter indicates that

this example should not be covered

under this provision of the law.

Response: We disagree with the

commenter’s interpretation of the

statute. Section 1611(e)(5) of the Act

prohibits SSI benefits to any person who

is violating a condition of probation or

parole imposed under Federal or State

law. Congress did not provide

exceptions to this rule based on the

nature of the originating crime or the

State’s reluctance to extradite the

individual. We believe this legislation

was passed to purposely prohibit the

expenditure of Federal funds to aid

those who are violating the law.

However, as we explained earlier, we

will not suspend an individual’s SSI

benefit until a court or other authorized

tribunal determines that his or her

parole has been violated, and has issued

an official document.

Comment: The other commenter

pointed out what he sees as redundancy

in the phrase ‘‘crime, or an attempt to

commit a crime, which is a felony.’’ He

makes the argument that ‘‘an attempt to

commit a crime’’ actually is a crime. In

this commenter’s opinion, the phrase

‘‘or an attempt to commit a crime’’ is

illogical and confusing and should be

omitted.

Response: To adopt this position, we

must presume that Congress intended

that the crime itself and the crime of

attempting to commit a crime both be of

felony-level severity. Under this

interpretation, we agree that the phrase

‘‘attempt to commit a crime’’ would be

rendered meaningless. However, we are

required to give effect to all the language

of the statute. We believe that the

wording of section 1611(e)(5) and its

legislative history support our position

that Congress intended that the crime

the individual attempts to commit must

be a felony, but the crime of attempting

to commit that crime does not

necessarily have to be. Therefore, the

omission of the phrase ‘‘or an attempt to

commit a crime’’ would not accurately

reflect the congressional intent in our

final rules, and its inclusion is not

redundant.

For the reasons discussed above, we

have not changed the text of the

proposed rules to reflect the public

comments. However, we have made one

minor technical correction to § 416.1337

to change the word ‘‘him’’ to say ‘‘him

or her’’. Other than this one minor

technical change, we are publishing the

proposed regulations unchanged as final

regulations.

Regulatory Procedures

Executive Order 12866

These final rules have been reviewed

by the Office of Management and

Budget (OMB) under the provisions of

Executive Order 12866.

Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations 40495

Regulatory Flexibility Act

We certify that these final regulations

will not have a significant economic

impact on a substantial number of small

entities because these rules affect only

individuals. Therefore, a regulatory

flexibility analysis as provided in Pub.

L. 96–354, the Regulatory Flexibility

Act, as amended by Pub. L. 104–121, is

not required.

Paperwork Reduction Act

These final rules contain a reporting

requirement in § 416.708(o). As required

by 44 U.S.C. 3507, as amended by

section 2 of the Paperwork Reduction

Act of 1995, we submitted a copy of

these rules to OMB for its review and

OMB has approved the reporting

requirement under OMB No. 0960–

0617.

The information collected will be

used by SSA to deny eligibility for SSI

benefits or to suspend SSI benefit

payments to individuals who flee to

avoid prosecution, or custody or

confinement after conviction, or who

violate a condition of probation or

parole. The respondents are SSI

applicants, recipients or representative

payees. We estimate that the reporting

burden will be 1 minute per response

for 1,000 respondents, resulting in 16.7

annual burden hours. This includes the

time it will take to read any instructions

and provide the information.

(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.

Dated: April 14, 2000.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set out in the

preamble, subparts B, G, and M of part

416 of chapter III of title 20 of the Code

of Federal Regulations are amended as

follows:

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

Subpart B—[Amended]

1. The authority citation for subpart B

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1110(b), 1602,

1611, 1614, 1615(c), 1619(a), 1631, and 1634

of the Social Security Act (42 U.S.C.

902(a)(5), 1310(b), 1381a, 1382, 1382c,

1382d(c), 1382h(a), 1383, and 1383c); secs.

211 and 212, Pub. L. 93–66, 87 Stat. 154 and

155 (42 U.S.C. 1382 note); sec. 502(a), Pub.

L. 94–241, 90 Stat. 268 (48 U.S.C. 1681 note);

sec. 2, Pub. L. 99–643, 100 Stat. 3574 (42

U.S.C. 1382h note).

2. Section 416.202 is amended by

redesignating paragraph (f) as paragraph

(g) and by adding a new paragraph (f) to

read as follows:

§ 416.202 Who may get SSI benefits.

* * * * *

(f) You are not—

(1) Fleeing to avoid prosecution for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which you flee (or which, in

the case of the State of New Jersey, is

a high misdemeanor under the laws of

that State);

(2) Fleeing to avoid custody or

confinement after conviction for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which you flee (or which, in

the case of the State of New Jersey, is

a high misdemeanor under the laws of

that State); or

(3) Violating a condition of probation

or parole imposed under Federal or

State law.

* * * * *

Subpart G—[Amended]

3. The authority citation for subpart G

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1611, 1612,

1613, 1614, and 1631 of the Social Security

Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b,

1382c, and 1383); sec. 211, Pub. L. 93–66, 87

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

4. Section 416.708 is amended by

adding a new paragraph (o) to read as

follows:

§ 416.708 What you must report.

* * * * *

(o) Fleeing to avoid criminal

prosecution or custody or confinement

after conviction, or violating probation

or parole. You must report to us that

you are—

(1) Fleeing to avoid prosecution for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which you flee (or which, in

the case of the State of New Jersey, is

a high misdemeanor under the laws of

that State);

(2) Fleeing to avoid custody or

confinement after conviction for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which you flee (or which, in

the case of the State of New Jersey, is

a high misdemeanor under the laws of

that State); or

(3) Violating a condition of probation

or parole imposed under Federal or

State law.

Subpart M—[Amended]

5. The authority citation for subpart M

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1611–1615,

1619, and 1631 of the Social Security Act (42

U.S.C. 902(a)(5), 1382–1382d, 1382h, and

1383).

6. In § 416.1337, the second sentence

of paragraph (b)(3)(ii) is revised to read

as follows:

§ 416.1337 Exceptions to the continuation

of previously established payment level.

* * * * *

(b) * * *

(3) * * *

(ii) * * * However, if the individual’s

benefits had been correctly suspended

as provided in §§ 416.1321 through

416.1330 or § 416.1339 and they should

have remained suspended but a benefit

that exceeded the dollar limitation was

paid, no further payment shall be made

to him or her at this time and notice of

the planned action shall not contain any

provision regarding continuation of

payment pending appeal. * * *

* * * * *

7. Section 416.1339 is added to read

as follows:

§ 416.1339 Suspension due to flight to

avoid criminal prosecution or custody or

confinement after conviction, or due to

violation of probation or parole.

(a) Basis for suspension. An

individual is ineligible for SSI benefits

for any month during which he or she

is—

(1) Fleeing to avoid prosecution for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which the individual flees

(or which, in the case of the State of

New Jersey, is a high misdemeanor

under the laws of that State); or

(2) Fleeing to avoid custody or

confinement after conviction for a

crime, or an attempt to commit a crime,

which is a felony under the laws of the

place from which the individual flees

(or which, in the case of the State of

New Jersey, is a high misdemeanor

under the laws of that State); or

(3) Violating a condition of probation

or parole imposed under Federal or

State law.

(b) Suspension effective date. (1)

Suspension of benefit payments because

an individual is a fugitive as described

in paragraph (a)(1) or (a)(2) of this

section or a probation or parole violator

as described in paragraph (a)(3) of this

section is effective with the first day of

40496 Federal Register / Vol. 65, No. 127 / Friday, June 30, 2000 / Rules and Regulations

whichever of the following months is

earlier—

(i) The month in which a warrant or

order for the individual’s arrest or

apprehension, an order requiring the

individual’s appearance before a court

or other appropriate tribunal (e.g., a

parole board), or similar order is issued

by a court or other duly authorized

tribunal on the basis of an appropriate

finding that the individual—

(A) Is fleeing, or has fled, to avoid

prosecution as described in paragraph

(a)(1) of this section;

(B) Is fleeing, or has fled, to avoid

custody or confinement after conviction

as described in paragraph (a)(2) of this

section;

(C) Is violating, or has violated, a

condition of his or her probation or

parole as described in paragraph (a)(3)

of this section; or

(ii) The first month during which the

individual fled to avoid such

prosecution, fled to avoid such custody

or confinement after conviction, or

violated a condition of his or her

probation or parole, if indicated in such

warrant or order, or in a decision by a

court or other appropriate tribunal.

(2) An individual will not be

considered to be ineligible for SSI

benefits and benefit payments will not

be suspended under this section for any

month prior to August 1996.

(c) Resumption of payments. If

benefits are otherwise payable, they will

be resumed effective with the first

month throughout which the individual

is determined to be no longer fleeing to

avoid such prosecution, fleeing to avoid

such custody or confinement after

conviction, or violating a condition of

his or her probation or parole.

[FR Doc. 00–16553 Filed 6–29–00; 8:45 am]

BILLING CODE 4191–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 176

[Docket Nos. 94F–0185 and 95F–0111]

Indirect Food Additives: Paper and

Paperboard Components

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of 1,3-dihalo-5,5-

dimethylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) that may contain no more than

20 weight percent 1,3-dihalo-5-ethyl-5-

methylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine), as a slimicide in the

manufacture of paper and paperboard

intended to contact food. This action is

in response to petitions filed by Great

Lakes Chemical Corp. and Lonza, Inc.

DATES: This rule is is effective June 30,

2000. Submit written objections and

requests for a hearing by July 31, 2000.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

5630 Fishers Lane, rm. 1061, Rockville,

MD 20852.

FOR FURTHER INFORMATION CONTACT:

Vivian M. Gilliam, Center for Food

Safety and Applied Nutrition (HFS–

215), Food and Drug Administration,

200 C St. SW., Washington, DC 20204,

202–418–3094.

SUPPLEMENTARY INFORMATION: In a notice

published in the Federal Register of

June 14, 1994 (59 FR 30595), FDA

announced that a food additive petition

(FAP 4B4418) had been filed by Great

Lakes Chemical Corp., P.O. Box 2200,

West Lafayette, IN 47906–0200. The

company is currently represented by

Keller and Heckman, 1001 G St. NW.,

suite 500 West, Washington, DC 20001.

The Great Lakes petition proposed to

amend the food additive regulations in

§ 176.300 Slimicides (21 CFR 176.300)

to provide for the safe use of 1-bromo3-chloro-5,5-dimethylhydantoin (CAS

Reg. No. 16079–88–2) as a slimicide in

the manufacture of paper and

paperboard intended to contact food.

Thereafter, in a notice published in

the Federal Register of June 14, 1995

(60 FR 31319), FDA announced that a

food additive petition (FAP 3B4382) had

been filed by Lonza, Inc., c/o Delta

Analytical Corp., 7910 Woodmont Ave.,

Bethesda, MD 20814. Lonza, Inc., is

currently represented by Lewis and

Harrison, 122 C St. NW., suite 740,

Washington, DC 20001. The Lonza

petition proposed to amend the food

additive regulations in § 176.300 to

provide for the safe use of a mixture of

1-bromo-3-chloro-5,5-

dimethylhydantoin, 1,3-dichloro-5,5-

dimethylhydantoin, and 1,3-dichloro-5-

ethyl-5-methylhydantoin as a slimicide

in the manufacture of paper and

paperboard intended to contact food.

In the filing notice for FAP 4B4418,

the additive was identified as 1-bromo3-chloro-5,5-dimethylhydantoin (CAS

Reg. No. 16079–88–2). This

nomenclature and this CAS Reg. No.

apply to a single discrete substance;

however, the additive is actually an

equilibrium isomeric mixture of

halogenated 5,5-dimethylhydantoin

species. Subsequent to the filing of the

petition, Great Lakes Chemical Corp.

and FDA agreed that the additive is

more appropriately identified as 1,3-

dihalo-5,5-dimethylhydantoin (where

the dihalo (halogen) may be bromine

and/or chlorine).

In the filing notice for FAP 3B4382,

the additive was identified as a mixture

of 1-bromo-3-chloro-5,5-

dimethylhydantoin and 1,3-dichloro5,5-dimethylhydantoin and 1,3-

dichloro-5-ethyl-5-methylhydantoin.

However, the additive is actually an

equilibrium isomeric mixture of

halogenated 5,5-dimethylhydantoin and

5-ethyl-5-methyl hydantoin species.

Lonza, Inc., and FDA agreed that the

additive is more appropriately

identified as 1,3-dihalo-5,5-

dimethylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) that may contain no more than

20 weight percent 1,3-dihalo-5-ethyl-5-

methylhydantoin (where the dihalo

(dihalo (halogen) may be bromine and/

or chlorine). This description includes

the use proposed by both Great Lakes

Chemical Corp. and Lonza, Inc.

Therefore, this final rule responds to

both petitions.

FDA has evaluated data in the

petitions and other relevant material.

Based on this information, the agency

concludes that: (1) The proposed use of

the additive, 1,3-dihalo-5,5-

dimethylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) that may contain no more than

20 weight percent 1,3-dihalo-5-ethyl-5-

methylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine), as a slimicide in the

manufacture of paper and paperboard

intended to contact food is safe; (2) the

additive will achieve its intended

technical effect; and therefore, (3) the

regulations in § 176.300 should be

amended as set forth below.

The additive, 1,3–dihalo-5,5-

dimethylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) that may contain no more than

20 weight percent 1,3-dihalo-5-ethyl-5-

methylhydantoin (where the dihalo

(halogen) may be bromine and/or

chlorine) intended for use as a slimicide

in the manufacture of paper and

paperboard intended to contact food is

regulated under section 409 of the

Federal Food, Drug, and Cosmetic Act

(the act) (21 U.S.C. 348) as a food

additive and not as a pesticide chemical

under section 408 of the act (21 U.S.C.

346a). However, this intended use of

1,3-dihalo-5,5-dimethylhydantoin

(where the dihalo (halogen) may be