43644 Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Notices 

20See SSR 96–3p: Titles II and XVI: Considering 

Allegations of Pain and Other Symptoms in 

Determining Whether a Medically Determinable 

Impairment is Severe, 61 FR 34468 (July 2, 1996) 

(also available at: http://www.ssa.gov/OP_Home/

rulings/di/01/SSR96-03-di-01.html). 

21See 20 CFR 404.1520(e), 416.920(e); SSR 96– 

8p: Titles II and XVI: Assessing Residual Functional 

Capacity in Initial Claims, 61 FR 34474 (July 2, 

1996) (also available at: http://www.socialsecurity.

gov/OP_Home/rulings/di/01/SSR96–08-di-01.html). 

22See 20 CFR 404.1560–404.1569a and 416.960– 

416.969a. 

23See SSR 83–12: Title II and XVI: Capability To 

Do Other Work—The Medical-Vocational Rules as 

a Framework for Evaluating Exertional Limitations 

Within a Range of Work or Between Ranges of Work 

(available at http://www.socialsecurity.gov/

OP_Home/rulings/di/02/SSR83-12-di-02.html). 24See SSR 85–15: Titles II and XVI: Capability To 

Do Other Work—The Medical-Vocational Rules as 

a Framework for Evaluating Solely Nonexertional 

Impairments (available at: http://www.social

security.gov/OP_Home/rulings/di/02/SSR85-15-di02.html); and SSR 96–4p. 

25See SSR 83–12; SSR 83–14: Titles II and XVI: 

Capability To Do Other Work—The MedicalVocational Rules as a Framework for Evaluating a 

Combination of Exertional and Nonexertional 

Impairments (available at http://www.social

security.gov/OP_Home/rulings/di/02/SSR83-14-di02.html); SSR 85–15; and SSR 96–9p, Titles II and 

XVI: Determining Capability to Do Other Work— 

Implications of a Residual Functional Capacity for 

Less Than a Full Range of Sedentary Work, 61 FR 

34478 (July 2, 1996) (also available at: http://www.

socialsecurity.gov/OP_Home/rulings/di/01/SSR96- 

09-di-01.html). 

find that the person has a severe 

impairment(s).20

C. At step 3, we consider whether the 

person’s impairment(s) meets or 

medically equals the criteria of any of 

the listings in the Listing of 

Impairments in appendix 1, subpart P of 

20 CFR part 404 (appendix 1). FM 

cannot meet a listing in appendix 1 

because FM is not a listed impairment. 

At step 3, therefore, we determine 

whether FM medically equals a listing 

(for example, listing 14.09D in the 

listing for inflammatory arthritis), or 

whether it medically equals a listing in 

combination with at least one other 

medically determinable impairment. 

D. Residual Functional Capacity 

(RFC) assessment: In our regulations 

and SSR 96–8p,21 we explain that we 

assess a person’s RFC when the person’s 

impairment(s) does not meet or equal a 

listed impairment. We base our RFC 

assessment on all relevant evidence in 

the case record. We consider the effects 

of all of the person’s medically 

determinable impairments, including 

impairments that are ‘‘not severe.’’ For 

a person with FM, we will consider a 

longitudinal record whenever possible 

because the symptoms of FM can wax 

and wane so that a person may have 

‘‘bad days and good days.’’ 

E. At steps 4 and 5, we use our RFC 

assessment to determine whether the 

person is capable of doing any past 

relevant work (step 4) or any other work 

that exists in significant numbers in the 

national economy (step 5). If the person 

is able to do any past relevant work, we 

find that he or she is not disabled. If the 

person is not able to do any past 

relevant work or does not have such 

work experience, we determine whether 

he or she can do any other work. The 

usual vocational considerations apply.22

1. Widespread pain and other 

symptoms associated with FM, such as 

fatigue, may result in exertional 

limitations that prevent a person from 

doing the full range of unskilled work 

in one or more of the exertional 

categories in appendix 2 of subpart P of 

part 404 (appendix 2).23 People with FM 

may also have nonexertional physical or 

mental limitations because of their pain 

or other symptoms.24 Some may have 

environmental restrictions, which are 

also nonexertional. 

2. Adjudicators must be alert to the 

possibility that there may be exertional 

or nonexertional (for example, postural 

or environmental) limitations that erode 

a person’s occupational base sufficiently 

to preclude the use of a rule in appendix 

2 to direct a decision. In such cases, 

adjudicators must use the rules in 

appendix 2 as a framework for decisionmaking and may need to consult a 

vocational resource.25

DATES: Effective Date: This SSR is 

effective on July 25, 2012. 

Cross-References: SSR 82–63: Titles II 

and XVI: Medical-Vocational Profiles 

Showing an Inability To Make an 

Adjustment to Other Work; SSR 83–12: 

Title II and XVI: Capability To Do Other 

Work—The Medical-Vocational Rules as 

a Framework for Evaluating Exertional 

Limitations Within a Range of Work or 

Between Ranges of Work; SSR 83–14: 

Titles II and XVI: Capability To Do 

Other Work—The Medical-Vocational 

Rules as a Framework for Evaluating a 

Combination of Exertional and 

Nonexertional Impairments; SSR 85–15: 

Titles II and XVI: Capability To Do 

Other Work—The Medical-Vocational 

Rules as a Framework for Evaluating 

Solely Nonexertional Impairments; SSR 

96–3p: Titles II and XVI: Considering 

Allegations of Pain and Other 

Symptoms in Determining Whether a 

Medically Determinable Impairment is 

Severe; SSR 96–4p: Policy Interpretation 

Ruling Titles II and XVI: Symptoms, 

Medically Determinable Physical and 

Mental Impairments, and Exertional and 

Nonexertional Limitations; SSR 96–7p: 

Titles II and XVI: Evaluation of 

Symptoms in Disability Claims: 

Assessing the Credibility of an 

Individual’s Statements; SSR 96–8p: 

Titles II and XVI: Assessing Residual 

Functional Capacity in Initial Claims; 

SSR 96–9p, Titles II and XVI: 

Determining Capability to Do Other 

Work—Implications of a Residual 

Functional Capacity for Less Than a 

Full Range of Sedentary Work; SSR 99– 

2p: Titles II and XVI: Evaluating Cases 

Involving Chronic Fatigue Syndrome 

(CFS); SSR 02–2p: Titles II and XVI: 

Evaluation of Interstitial Cystitis; and 

SSR 06–3p: Titles II and XVI: 

Considering Opinions and Other 

Evidence from Sources Who Are Not 

‘‘Acceptable Medical Sources’’ in 

Disability Claims; Considering 

Decisions on Disability by Other 

Governmental and Nongovernmental 

Agencies; and Program Operations 

Manual System (POMS) DI 22505.001, 

DI 22505.003, DI 24510.057, DI 

24515.012, DI 24515.061–DI 24515.063, 

DI 24515.075, DI 24555.001, DI 

25010.001, and DI 25025.001. 

[FR Doc. 2012–17936 Filed 7–24–12; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

[Public Notice 7963] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Byzantine Art in the Mary and Michael 

Jaharis Galleries of Greek, Roman and 

Byzantine Art’’ 

SUMMARY: Notice is hereby given of the 

following determinations: Pursuant to 

the authority vested in me by the Act of 

October 19, 1965 (79 Stat. 985; 22 U.S.C. 

2459), Executive Order 12047 of March 

27, 1978, the Foreign Affairs Reform and 

Restructuring Act of 1998 (112 Stat. 

2681, et seq.; 22 U.S.C. 6501 note, et 

seq.), Delegation of Authority No. 234 of 

October 1, 1999, Delegation of Authority 

No. 236–3 of August 28, 2000 (and, as 

appropriate, Delegation of Authority No. 

257 of April 15, 2003), I hereby 

determine that the objects to be 

included in the exhibition ‘‘Byzantine 

Art in the Mary and Michael Jaharis 

Galleries of Greek, Roman and 

Byzantine Art’’ imported from abroad 

for temporary exhibition within the 

United States, are of cultural 

significance. The objects are imported 

pursuant to loan agreements with the 

foreign owner or custodian. I also 

determine that the exhibition or display 

of the exhibit objects at the Art Institute 

of Chicago, Chicago, IL, from on or 

about November 10, 2012, until on or 

about November 8, 2015, and at possible 

additional exhibitions or venues yet to 

be determined, is in the national 

interest. I have ordered that Public 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 143 / Wednesday, July 25, 2012 / Notices 43645 

Notice of these Determinations be 

published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Julie 

Simpson, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6467). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: July 18, 2012. 

J. Adam Ereli, 

Principal Deputy Assistant Secretary, Bureau 

of Educational and Cultural Affairs, 

Department of State. 

[FR Doc. 2012–18156 Filed 7–24–12; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2012–0039] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 of the Code of Federal Regulations 

(CFR), this document provides the 

public notice that by a letter dated 

March 17, 2012, CSX Transportation 

(CSX), has petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

provisions of the Federal railroad safety 

regulations contained at 49 CFR part 

232. FRA assigned the petition Docket 

Number FRA–2012–0039. 

CSX seeks relief with respect to the 

application of 49 CFR 232.205, Class I 

brake test-initial terminal inspection, 

and 232.15 (specifically paragraph (a)), 

Movement of defective equipment, to 

the cars found to have ineffective brakes 

during Class I initial terminal brake tests 

performed at the CONSOL coal pier 

facility in Baltimore, MD. Specifically, 

CSX requests that FRA permit cars that 

cannot be safely repaired at CONSOL’s 

coal pier facility to be moved to CSX’s 

Mount Clare and Curtis Bay facilities for 

repair. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the U.S. Department of Transportation’s 

(DOT) Docket Operations Facility, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. The Docket 

Operations Facility is open from 9 a.m. 

to 5 p.m., Monday through Friday, 

except Federal Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: www.regulations.gov. 

Follow the online instructions for 

submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 

• Hand Delivery: 1200 New Jersey 

Avenue SE., Room W12–140, 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal Holidays. 

Communications received by 

September 10, 2012 will be considered 

by FRA before final action is taken. 

Comments received after that date will 

be considered as far as practicable. 

Anyone is able to search the 

electronic form of any written 

communications and comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (Volume 

65, Number 70; Pages 19477–78), or 

online at http://www.dot.gov/ 

privacy.html. 

Issued in Washington, DC, on July 19, 

2012. 

Ron Hynes, 

Director, Office of Safety Assurance and 

Compliance. 

[FR Doc. 2012–18081 Filed 7–24–12; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket Number FRA–2012–0052] 

Petition for Waiver of Compliance 

In accordance with Part 211 of Title 

49 of the Code of Federal Regulations 

(CFR), this document provides the 

public notice that by a document dated 

June 11, 2012, the Southeastern 

Pennsylvania Transportation Authority 

(SEPTA) has petitioned the Federal 

Railroad Administration (FRA) for a 

waiver of compliance from certain 

Federal hours of service requirements 

for train employees engaged in 

commuter or intercity rail passenger 

transportation contained at 49 CFR 

Section 228.405(b)(4). FRA assigned the 

petition Docket Number FRA–2012– 

0052. 

In its petition, SEPTA seeks a waiver 

allowing travel time from a train 

employee’s home to all reporting points 

to be considered as time off duty. FRA’s 

current policy only allows travel time 

(at a designated home terminal, from an 

employee’s residence to a single fixed 

regular reporting point) to be defined as 

commuting and time off duty. Travel 

time between a train employee’s 

residence and other than regular 

reporting points is considered 

deadheading and can count as time on 

duty. In support of its request, SEPTA 

submitted fatigue analysis of employee 

work schedules arguing that safety 

would not be compromised by 

approving the waiver request. SEPTA 

also provided information that the 

waiver would be in the public interest, 

because of increased employee 

availability, which would reduce the 

financial burden placed on this publicly 

funded commuter railroad. 

A copy of the petition, as well as any 

written communications concerning the 

petition, is available for review online at 

www.regulations.gov and in person at 

the Department of Transportation’s 

Docket Operations Facility, 1200 New 

Jersey Ave. SE., W12–140, Washington, 

DC 20590. The Docket Operations 

Facility is open from 9 a.m. to 5 p.m., 

Monday through Friday, except Federal 

Holidays. 

Interested parties are invited to 

participate in these proceedings by 

submitting written views, data, or 

comments. FRA does not anticipate 

scheduling a public hearing in 

connection with these proceedings since 

the facts do not appear to warrant a 

hearing. If any interested party desires 

an opportunity for oral comment, they 

should notify FRA, in writing, before 

the end of the comment period and 

specify the basis for their request. 

All communications concerning these 

proceedings should identify the 

appropriate docket number and may be 

submitted by any of the following 

methods: 

• Web site: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: Docket Operations Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE., W12–140, 

Washington, DC 20590. 


srobinson on DSK4SPTVN1PROD with NOTICES