2446 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

(2) Boeing Service Bulletin 767–28A0085, 

Revision 1, dated June 25, 2009. 

(3) Boeing Alert Service Bulletin 767– 

28A0083, dated May 3, 2006. 

(4) Boeing Service Bulletin 767–28A0083, 

Revision 1, dated April 26, 2007. 

(5) Boeing Alert Service Bulletin 767– 

28A0084, dated May 3, 2006. 

(o) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Seattle ACO, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ACO, send it to the 

attention of the person identified in the 

Related Information section of this AD. 

Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(p) Related Information 

For more information about this AD, 

contact Elias Natsiopoulos, Aerospace 

Engineer, Systems and Equipment Branch, 

ANM–130S, FAA, Seattle Aircraft 

Certification Office, 1601 Lind Avenue SW., 

Renton, Washington 98057–3356; telephone 

(425) 917–6478; fax (425) 917–6590; email 

elias.natsiopoulos@faa.gov. 

(q) Material Incorporated by Reference 

(1) You must use the following service 

information to do the actions required by this 

AD, unless the AD specifies otherwise. The 

Director of the Federal Register approved the 

incorporation by reference (IBR) of the 

following service information under 5 U.S.C. 

552(a) and 1 CFR part 51 on the date 

specified: 

(i) Boeing Service Bulletin 767–28–0034, 

Revision 3, dated March 14, 1996, approved 

for IBR February 22, 2012. 

(ii) Boeing Service Bulletin 767–28A0083, 

Revision 2, dated February 12, 2009, 

approved for IBR September 9, 2009 (74 FR 

38905, August 5, 2009). 

(iii) Boeing Service Bulletin 767–28A0084, 

Revision 1, dated April 26, 2007, approved 

for IBR September 9, 2009 (74 FR 38905, 

August 5, 2009). 

(iv) Boeing Service Bulletin 767–28A0085, 

Revision 2, dated August 19, 2010, approved 

for IBR February 22, 2012. 

(v) Section 9 of Boeing 767 Maintenance 

Planning Data Document, D622T001–9, 

Revision April 2008, approved for IBR 

January 12, 2010 (74 FR 68515, December 28, 

2009). 

(vi) Section 9 of Boeing 767 Maintenance 

Planning Data Document, D622T001–9, 

Revision March 2009, approved for IBR 

February 22, 2012. 

(vii) Section 9 of Boeing 767 Maintenance 

Planning Data Document, D622T001–9, 

Revision May 2009, approved for IBR January 

12, 2010 (74 FR 68515, December 28, 2009). 

(viii) Section 9 of Boeing 767 Maintenance 

Planning Data Document, D622T001–9, 

Revision May 2010, approved for IBR 

February 22, 2012. 

(2) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Data & Services 

Management, P.O. Box 3707, MC 2H–65, 

Seattle, Washington 98124–2207; telephone 

(206) 544–5000, extension 1; fax (206) 766– 

5680; email me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. 

(3) You may review copies of the 

referenced service information at the FAA, 

Transport Airplane Directorate, 1601 Lind 

Avenue SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call (425) 227–1221. 

(4) You may also review copies of the 

service information that is incorporated by 

reference at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at an NARA facility, call (202) 741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federal_regulations/ 

ibr_locations.html. 

Issued in Renton, Washington, on 

November 22, 2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2012–468 Filed 1–17–12; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 418 

[Docket No. SSA–2010–0033] 

RIN 0960–AH24 

Amendments to Regulations 

Regarding Eligibility for a Medicare 

Prescription Drug Subsidy 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: This final rule adopts, 

without change, the interim final rule 

with request for comments we 

published in the Federal Register on 

December 29, 2010. The interim final 

rule incorporated changes to the 

Medicare prescription drug coverage 

low-income subsidy (Extra Help) 

program made by the Patient Protection 

and Affordable Care Act (Affordable 

Care Act) enacted in March 2010. Under 

our interpretation of section 3304 of the 

Affordable Care Act, if the death of a 

beneficiary’s spouse would decrease or 

eliminate the subsidy provided by the 

Extra Help program, we will extend the 

effective period of eligibility for the 

most recent determination or 

redetermination until one year after the 

month following the month we are 

notified of the death of the spouse. The 

effective date of this provision was 

January 1, 2011. We also revised our 

regulations to incorporate changes made 

by the Medicare Improvements for 

Patients and Providers Act of 2008 

(MIPPA) which affect the way we 

account for income and resources when 

determining eligibility for the Extra 

Help program. The statute provides that 

we no longer count the value of any life 

insurance policy as a resource for Extra 

Help effective on and after January 1, 

2010. As of that date, we also no longer 

count as income the help a beneficiary 

receives when someone else provides 

food and shelter, or pays household 

bills for food, mortgage, rent, electricity, 

water, property taxes, or heating fuel or 

gas. These revisions updated our rules 

to reflect these statutory changes. 

DATES: The interim final rule with 

request for comments published on 

December 29, 2010, is confirmed as final 

effective January 18, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Craig Streett, Office of Income Security 

Programs, Social Security 

Administration, 2–R–24 Operations 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, (410) 965– 

9793. For information on eligibility or 

filing for benefits, call our national tollfree 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: 

Background 

This final rule adopts, without 

change, the interim final rule with 

request for comments we published in 

the Federal Register on December 29, 

2010, at 75 FR 81843. The interim final 

rule changed the way we account for 

income and resources when 

determining eligibility for the subsidy 

provided by the Extra Help program, 

and removed certain items from those 

we will count as income and resources. 

In addition, the interim final rule 

extended the effective date of a 

determination or redetermination of an 

Extra Help subsidy when there is a 

death of a spouse. 

Medicare prescription drug coverage 

is a voluntary program that covers 

various prescription drugs. The 

regulations and requirements for the 

program are codified in 42 CFR part 

423. The Centers for Medicare & 

Medicaid Services (CMS) promulgates 

rules and regulations concerning the 

Medicare program. Anyone who meets 

the requirements listed in 42 CFR 

423.30(a) can enroll in Medicare 

prescription drug coverage. Medicare 

prescription drug coverage beneficiaries 

are generally responsible for 

deductibles, cost-sharing, and monthly 


pmangrum on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 2447 

1Medicare Improvements for Patients and 

Providers Act of 2008, Public Law 110–275, 122 

Stat. 2494 (2008). 

2The Patient Protection and Affordable Care Act, 

Public Law 111–148 § 3304. 

3Medicare Improvements for Patients and 

Providers Act of 2008, Public Law 110–275, 122 

Stat. 2494 (2008). 

premiums towards the cost of covered 

prescriptions. 

Beneficiaries with Medicare 

prescription drug coverage who have 

limited income and resources may 

qualify for Extra Help with their 

monthly premiums, deductibles, and 

cost-sharing for Medicare prescription 

drug coverage. To qualify for Extra Help, 

a Medicare beneficiary must reside in 

one of the fifty states or the District of 

Columbia and must have resources and 

income within specific limits. 

Congress enacted MIPPA in July of 

2008.1 Section 116 of MIPPA exempts 

certain items from income and resources 

determinations of Extra Help eligibility 

on or after January 1, 2010. We apply 

these exemptions to applications filed 

and redeterminations initiated on or 

after January 1, 2010. The items 

exempted under section 116 are the 

value of life insurance and in-kind 

support and maintenance. 

To implement these requirements of 

MIPPA, we issued guidance in August 

2009 and discontinued counting these 

exempted items for applications and 

redeterminations in accordance with the 

requirements of the statute. 

Accordingly, we no longer count as 

income the help a beneficiary receives 

when someone else provides food and 

shelter, or pays for food, mortgage, rent, 

heating fuel, gas, electricity, water, or 

property taxes. To reflect these statutory 

exemptions, we revised sections 

418.3335(b) and 418.3350 and deleted 

section 418.3345 of our regulations in 

the interim final rule that we published 

in December 2010. 

In March 2010, Congress passed the 

Affordable Care Act, which extends the 

effective date of a determination or 

redetermination of an Extra Help 

subsidy due to the death of a spouse.2

In our previous rules, any adjustment in 

the amount of Extra Help the beneficiary 

receives was effective the month after 

the month in which we are notified of 

the death of a spouse. In some cases, the 

death of a spouse would result in a 

decrease in the amount of Extra Help or 

loss of Extra Help eligibility for the 

beneficiary. 

Effective January 1, 2011, if the death 

of the spouse would decrease or 

eliminate the subsidy provided by the 

Extra Help program, we extend the 

effective period for a determination or 

redetermination until one year after the 

date on which it would otherwise cease 

to be effective—that is, the month after 

the month we are notified of the death 

of the spouse. In order to reflect the 

changes made by the Affordable Care 

Act, we revised sections 418.3120 and 

418.3123 of our regulations. 

Prior to the publication of our interim 

rule, our regulations at 418.3350(b) 

stated that we did not count as income 

the unearned income described in 

sections 416.1124(b), (c)(1) through 

(c)(12), and (c)(14) through (c)(21). 

Those rules omitted a reference to 

paragraph 416.1124(c)(22) that we 

added after the publication of section 

418.3350 in December 2005. We 

updated the reference in section 

418.3350 to correct this omission. This 

was a technical change only and did not 

affect the substance of our rules. 

Public Comments 

On December 29, 2010, we published 

an interim final rule with request for 

comments in the Federal Register at 75 

FR 81843 and provided a sixty-day 

comment period. We received five 

comments. We carefully considered the 

concerns expressed in these comments 

but did not make any changes to the 

final rule. 

We summarized the commenters’ 

views and responded to the significant 

issues raised that are within the scope 

of the interim final rule. 

Comment: A commenter expressed 

gratitude for the cessation of counting as 

income the help low-income subsidy 

recipients receive when someone else 

pays household bills. 

Response: We appreciate the 

comment and value the public’s input 

on regulatory changes. Changes in the 

Medicare Improvements for Patients and 

Providers Act of 2008 have made it 

easier for people to qualify for Extra 

Help with their Medicare prescription 

drug plan costs. 

Comment: An organization expressed 

support for our efforts to expand 

eligibility for low-income subsidy and 

would like the expansion efforts to go 

further. The organization believes it 

would be appropriate to eliminate the 

asset test (resource limits) for Extra Help 

with Medicare prescription drug plan 

costs. The organization stated that the 

Extra Help asset test is highly 

restrictive, preventing millions of lowincome Part D enrollees from benefiting 

from Extra Help, and unnecessarily 

complicates the application process, 

potentially discouraging qualified 

enrollees from applying to the program. 

The organization also stated that an 

asset test is inappropriate for Medicare 

beneficiaries, as Americans should be 

encouraged to save for retirement. 

Response: We cannot adopt this 

comment because the resources 

eligibility standards for the Extra Help 

program are statutory. Elimination or 

adjustment to statutory requirements is 

beyond the scope of these regulations. 

Comment: An organization expressed 

concern about contacting the surviving 

spouse of a low-income subsidy eligible 

couple when we determine that we will 

defer the redetermination for one year. 

The organization believes this 

correspondence may cause unnecessary 

anxiety to the widow/widower. 

Response: We are unable to adopt this 

suggestion. The death of a spouse is a 

subsidy-changing event (SCE). We send 

a redetermination form whenever an 

SCE report is received as required in 20 

CFR 418.3120(b)(1). We use the 

information to determine if the event 

will affect the Extra Help subsidy. In 

some cases, contact with the widow/ 

widower will result in an increase in the 

Extra Help subsidy. If the subsidy 

decreases, we will extend the effective 

period of the determination or 

redetermination for at least one year 

from the spouse’s death. 

Comment: An organization believes 

that we should provide a more 

comprehensive definition of ‘‘in-kind 

support and maintenance’’ in 20 CFR 

418.3335, either by providing examples 

or referencing the appropriate link. 

Response: We cannot adopt this 

comment at this time because it is not 

within the scope of the present 

regulatory change, which is based on 

statutory changes. However, we agree 

that a more comprehensive definition of 

‘‘in-kind support and maintenance’’ 

may be appropriate in 20 CFR 

418.3335(b). We will consider 

publishing a separate Notice of 

Proposed Rulemaking to add a sentence 

to the end of § 418.3335(b) explaining 

that ’’Shelter includes room, rent, 

mortgage payments, real property taxes, 

heating fuel, gas, electricity, water, 

sewerage, and garbage collection 

services.’’ 

Comment: An organization asked us 

to consider clarifying that life insurance 

refers to the cash surrender value of the 

life insurance that is under 20 CFR 

418.3425. 

Response: We are unable to adopt this 

suggestion because the statutory 

exclusion is not limited to the cash 

surrender value of life insurance. ‘‘No 

part of the value of any life insurance 

policy shall be taken into account’’ in 

determining the resources of an 

individual and the eligible spouse of the 

individual.3


pmangrum on DSK3VPTVN1PROD with RULES
2448 Federal Register / Vol. 77, No. 11 / Wednesday, January 18, 2012 / Rules and Regulations 

Accordingly, the interim final rule 

remains unchanged and we are adopting 

it as final. 

Regulatory Procedures 

Executive Order 12866 as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule meets the 

criteria for a significant regulatory 

action under Executive Order 12866 as 

supplemented by Executive Order 

13563. Thus, OMB reviewed the final 

rule. 

Regulatory Flexibility Act 

We certify that these final rules will 

not have a significant economic impact 

on a substantial number of small 

entities, because they affect individuals 

only. Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Paperwork Reduction Act 

These rules do not create any new or 

affect any existing collections and, 

therefore, do not require Office of 

Management and Budget approval 

under the Paperwork Reduction Act. 

(Catalog of Federal Domestic Assistance 

Program Nos. 93.770, Medicare Prescription 

Drug Coverage; 96.002 Social Security— 

Retirement Insurance.) 

List of Subjects in 20 CFR Part 418 

Administrative practice and 

procedure, Aged, Blind, Disability 

benefits, Public assistance programs, 

Reporting and recordkeeping 

requirements, Supplemental Security 

Income (SSI), Medicare subsidies. 

Michael J. Astrue, 

Commissioner of Social Security. 

Accordingly, the interim rule 

amending 20 CFR chapter III, part 418, 

subpart D that was published at 75 FR 

81843 on December 29, 2010, is adopted 

as a final rule without change. 

[FR Doc. 2012–827 Filed 1–17–12; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0785] 

RIN 1625–AA08 

Special Local Regulation; HITS 

Triathlon; Corpus Christi Bayfront, 

Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary Final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary Special Local 

Regulation in the Corpus Christi 

Bayfront area within the Corpus Christi, 

TX Captain of the Port Zone. This 

Special Local Regulation will restrict 

vessels from portions of the Corpus 

Christi Bayfront area during the HITS 

Triathlon on February 18th and 19th, 

2012. This Special Local Regulation is 

necessary to ensure the safety of HITS 

Triathlon participants and protect them 

from the hazard of vessel traffic in the 

area. 

DATES: This regulation will be effective 

on February 18, 2012 through February 

19, 2012. This regulation will be 

enforced on February 18, 2012 from 

6:45 a.m. to 8:15 a.m. and 11:45 a.m. to 

1:15 p.m., and on February 19, 2012 

from 6:45 a.m. to 9:45 a.m. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2011– 

0785 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0785 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email the United States 

Coast Guard Sector Corpus Christi’s 

Waterways Management Division; 

telephone (361) 888–3162, email D08- 

DG-SecCorpusChristi-Prev-PMDWWM@uscg.mil. If you have questions 

on viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b) (B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule. The Coast 

Guard received notice and application 

for this event on or about August 15, 

2011. The Coast Guard reviewed the 

planned event and determined that a 

special local regulation is needed to 

protect event participants from the 

possible hazards associated with local 

boat traffic in the area, but that 

determination was not completed in 

time for a Notice of Proposed 

Rulemaking to be prepares and 

comments to be received. Delaying or 

foregoing this rule to publish a NPRM 

would unnecessarily interfere with the 

contractual obligations that may be 

involved with the event and would 

forego the safety measures necessary to 

protect the event participants. The 

public interest in holding this event as 

scheduled outweighs the chance that 

this temporary rule will interfere with 

vessel traffic in a meaningful way. This 

rule does provide a full 30-day period 

before its effective date. 

Basis and Purpose 

On February 18 and 19, 2012 the 

HITS triathlon will take place near and 

in the Corpus Christi Bayfront area. This 

temporary special local regulation is 

necessary to ensure the safety of HITS 

Triathlon participants and protect them 

from the possible hazards associated 

vessel traffic inside the waters of the 

Corpus Christi Bayfront area during this 

event. 

Discussion of the Rule 

This special local regulation is 

intended to restrict vessel traffic from a 

portion of the Corpus Christi Bayfront 

area for the swim portion of the 

triathlon. The size of the zone was 

determined by natural barriers on all 4 

sides of the race course and local 

knowledge about wind, waves, and 

currents in this particular area. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 


pmangrum on DSK3VPTVN1PROD with RULES