Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Rules and Regulations 42411

the criteria for a significant regulatory

action under Executive Order 12866.

Regulatory Flexibility Act

We certify that this rule will not have

a significant economic impact on a

substantial number of small entities

since this rule affects only individuals.

Therefore, a regulatory flexibility

analysis as provided in the Regulatory

Flexibility Act, as amended, is not

required.

Paperwork Reduction Act

This rule imposes no additional

reporting or recordkeeping requirements

subject to Office of Management and

Budget 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: July 28, 1997.

John J. Callahan,

Acting Commissioner for Social Security.

For the reasons set out in the

preamble, part 416 of chapter III of title

20 of the Code of Federal Regulations is

amended as follows:

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, and 1631 of the

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

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

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

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

2. Section 416.1167 is amended by

adding new paragraph (c) to read as

follows:

§ 416.1167 Temporary absences and

deeming rules.

* * * * *

(c) Active duty military service. If your

ineligible spouse or parent is absent

from the household due solely to a duty

assignment as a member of the Armed

Forces on active duty, we continue to

consider that person to be living in the

same household as you, absent evidence

to the contrary. If we determine that

during such an absence, evidence

indicates that your spouse or parent

should no longer be considered to be

living in the same household as you,

then deeming will cease. When such

evidence exists, we determine the

month in which your spouse or parent

should no longer be considered to be

living in the same household as you and

stop deeming his or her income and

resources beginning with the month

following that month.

Example. Tom is a child who receives SSI.

In January 1996, Tom’s father leaves the

household due solely to an active duty

assignment as a member of the Armed

Forces. Five months later in June 1996, while

Tom’s father is still on an active duty

assignment, Tom’s parents file for divorce.

As a result, Tom’s father will not be returning

to live in Tom’s household. Therefore, Tom’s

father should no longer be considered to be

living in the same household with Tom.

Beginning July 1, 1996, deeming from Tom’s

father will cease.

[FR Doc. 97–20743 Filed 8–6–97; 8:45 am]

BILLING CODE 4190–29–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

[Regulation No. 16]

RIN 0960–AE61

Reduction in Supplemental Security

Income (SSI) Payable to

Institutionalized Children Whose

Medical Costs Are Covered by Private

Insurance

AGENCY: Social Security Administration.

ACTION: Final rules.

SUMMARY: The interim final rules

published at 62 FR 1053, on January 8,

1997, are adopted as final without

change. These rules implement an

amendment to section 1611(e)(1)(B) of

the Social Security Act (the Act) made

by section 214 of Pub. L. 104–193, the

Personal Responsibility and Work

Opportunity Reconciliation Act of 1996.

DATES: These rules are effective

beginning January 8, 1997.

FOR FURTHER INFORMATION CONTACT:

Daniel T. Bridgewater, Legal Assistant,

Division of Regulations and Rulings,

Social Security Administration, 6401

Security Boulevard, Baltimore, MD

21235, (410) 965–3298 for information

about these rules. For information on

eligibility or claiming benefits, call our

national toll-free number, 1–800–772–

1213.

SUPPLEMENTARY INFORMATION:

Background

Section 1611(e)(1)(A) of the Act

generally precludes eligibility for SSI

benefits when a claimant is a resident of

a public institution throughout a month.

However, section 1611(e)(1)(B) provided

an exception to that bar. Under that

section, payments could be made at the

reduced Federal benefit rate to

individuals in institutions ‘‘receiving

payments (with respect to such

individual or spouse) under a State plan

approved under title XIX * * *’’ This

language was implemented through

regulations to mean that individuals in

institutions would receive only the

reduced benefit amount when

‘‘Medicaid (title XIX of the Social

Security Act) pays a substantial part

(more than 50 percent) of the cost of’’

the claimant’s care (§ 416.211(b)).

Section 214 of Pub. L. 104–193,

effective for benefits beginning with the

month of December 1996, amends

section 1611(e)(1)(B) of the Act by

extending applicability of the reduced

SSI benefit rate to children under age 18

in medical care facilities receiving

payments on their behalf under a health

insurance policy issued by a private

provider (hereinafter referred to as

private health insurance). Prior to the

enactment of section 214, children

under the age of 18 in private

institutions with private health

insurance generally could be eligible for

a full SSI payment. Section 214 now

restricts the SSI payment for such

children to the Federal reduced benefit

rate. Also, prior to this legislation,

individuals in public institutions not

receiving substantial Medicaid

payments on their behalf generally were

ineligible for SSI. However, as a result

of this legislation, children under age 18

in public institutions receiving private

health insurance on their behalf now are

eligible for SSI payments at the reduced

Federal benefit amount.

The final rules apply the reduced

Federal benefit amount to children

under age 18 with private health

insurance when it, either alone or in

combination with Medicaid, pays a

substantial part (more than 50 percent)

of the cost of their care in the

institution.

Regulatory Changes

During the public comment period,

we received two comments within the

scope of this rulemaking. One

commenter, representing a major

advocacy group for retarded citizens,

expressed agreement with the Social

Security Administration’s interpretation

of the provision regarding the amount of

private insurance payments required in

order for the reduced Federal SSI

benefit rate to apply. Another

commenter asked that we add a

clarification specifying that Health

Maintenance Organizations (HMOs) are
42412 Federal Register / Vol. 62, No. 152 / Thursday, August 7, 1997 / Rules and Regulations

considered to be private health

insurance providers within the meaning

of this provision. However, the

constantly evolving variety of

innovative funding sources for

institutional care precludes any attempt

to specifically address each possible

situation in these regulations. Our

administrative issuances provide

guidance to adjudicators in determining

whether particular HMOs, or other

kinds of insurers, may or may not be

considered private health insurance

providers. We also received several

other comments, but they were not

within the scope of this rulemaking.

Therefore, the interim final rules are

adopted as final without change.

Dated: July 28, 1997.

John J. Callahan,

Acting Commissioner for Social Security.

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

Accordingly, the interim final rules

amending 20 CFR part 416 which were

published at 62 FR 1053 on January 8,

1997, are adopted as final without

change.

[FR Doc. 97–20741 Filed 8–6–97; 8:45 am]

BILLING CODE 4190–29–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Region II Docket No. NJ17–2–169, FRL–

5868–4]

Approval and Promulgation of

Implementation Plans; Reasonably

Available Control Technology for

Volatile Organic Compounds for the

State of New Jersey

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: The EPA is announcing the

approval of a revision to the New Jersey

State Implementation Plan (SIP) for the

attainment and maintenance of the

national ambient air quality standards

for Ozone. The SIP revision was

submitted by the New Jersey

Department of Environmental Protection

and consists of the adopted revisions to

Subchapter 16 ‘‘Control and Prohibition

of Air Pollution by Volatile Organic

Compounds.’’ These revisions relate to

the control of volatile organic

compounds from major stationary

sources not subject to control

techniques guidelines (CTG). The

intended effect is to reduce the

emissions of volatile organic

compounds and thereby reduce ozone

concentrations in the lower atmosphere

which will assist in attaining the health

based ozone air quality standard. EPA

finds that the State has met the Clean

Air Act requirement to adopt reasonably

available control technology for nonCTG major sources.

EPA is also approving revisions to

Subchapter 8 ‘‘Permits and Certificates,’’

Subchapter 17 ‘‘Control and Prohibition

of Air Pollution by Toxic Substances,’’

Subchapter 23 ‘‘Prevention of Air

Pollution From Architectural Coatings

and Consumer Products’’ and

Subchapter 25 ‘‘Control and Prohibition

of Air Pollution by Vehicular Fuels,’’

and Air Test Method 3—Sampling and

Analytical Procedures for the

Determination of Volatile Organic

Compounds from Source Operations

(Title 7, Chapter 27B, Subchapter 3).

EFFECTIVE DATE: This rule will be

effective September 8, 1997.

ADDRESSES: Copies of New Jersey’s

submittal are available at the following

addresses for inspection during normal

business hours:

Environmental Protection Agency,

Region 2 Office, Air Programs Branch,

290 Broadway, 25th Floor, New York,

New York 10007–1866

New Jersey Department of

Environmental Protection, Office of

Air Quality Management, Bureau of

Air Pollution Control, 401 East State

Street, CN027, Trenton, New Jersey

08625

Environmental Protection Agency, Air

and Radiation Docket and Information

Center, Air Docket (6102), 401 M

Street, S.W., Washington, D.C. 20460

FOR FURTHER INFORMATION CONTACT: Paul

R. Truchan, Environmental Engineer,

Air Programs Branch, Environmental

Protection Agency, 290 Broadway, 25th

Floor, New York, New York 10007–

1866, (212) 637–4249.

SUPPLEMENTARY INFORMATION: On April

11, 1997 (62 FR 17766) EPA published,

in the Federal Register, a proposed

approval of a request by the State of

New Jersey to revise its State

Implementation Plan (SIP) for ozone.

This revision to the New Jersey Ozone

SIP added revisions to Subchapter 16,

‘‘Control and Prohibition of Air

Pollution by Volatile Organic

Compounds,’’ of New Jersey

Administrative Code (N.J.A.C.) of Title

7, Chapter 27 which have occurred

several times since EPA’s last action.

EPA is approving all changes which

have occurred in Subchapter 16

(effective date March 2, 1992) since

EPA’s last approval on April 15, 1994

(59 FR 1994). This includes the

following versions of Subchapter 16

with effective dates of December 20,

1993, June 20, 1994, December 5, 1994,

May 15, 1995, and July 17, 1995.

EPA is also approving revisions to

Subchapter 8 ‘‘Permits and Certificates’’

(sections 8.1 and 8.2), Subchapter 17

‘‘Control and Prohibition of Air

Pollution by Toxic Substances,’’

Subchapter 23 ‘‘Prevention of Air

Pollution From Architectural Coatings

and Consumer Products’’ and

Subchapter 25 ‘‘Control and Prohibition

of Air Pollution by Vehicular Fuels,’’

and Air Test Method 3—Sampling and

Analytical Procedures for the

Determination of Volatile Organic

Compounds from Source Operations

(Title 7, Chapter 27B, Subchapter 3).

These revisions were effective July 17,

1995 and only involve administrative

changes made to insure consistency

with Subchapter 16 revisions.

Today’s approval by EPA will revise

the State Implementation Plan so that it

contains the most current versions of

the State regulations which were

submitted as SIP revisions. The

revisions and rationale for EPA’s

approval and rulemaking actions were

explained in the April 11, 1997 proposal

and will not be restated here. The reader

is referred to the proposal for a detailed

explanation of New Jersey’s SIP

revision. In response to EPA’s proposed

approval of New Jersey’s SIP revision,

no comments were received.

Conclusion

EPA is approving the revisions of

Subchapter 8, ‘‘Permits and Certificates’’

(sections 8.1 and 8.2), Subchapter 16,

‘‘Control and Prohibition of Air

Pollution by Volatile Organic

Compounds,’’ Subchapter 17, ‘‘Control

and Prohibition of Air Pollution by

Toxic Substances,’’ Subchapter 23,

‘‘Prevention of Air Pollution From

Architectural Coatings and Consumer

Products,’’ and Subchapter 25, ‘‘Control

and Prohibition of Air Pollution by

Vehicular Fuels,’’ and to Title 7,

Chapter 27B, Subchapter 3 of the New

Jersey Administrative Code Air Test

Method 3—‘‘Sampling and Analytical

Procedures for the Determination of

Volatile Organic Compounds from

Source Operations,’’ into the New Jersey

SIP for the attainment and maintenance

of the national ambient air quality

standards for Ozone.

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental