57946 Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations

Note 2: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

Special Flight Permits

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(d) The installation shall be done in

accordance with Bombardier Service Bulletin

601R–27–104, dated October 15, 1999. This

incorporation by reference was approved by

the Director of the Federal Register in

accordance with 5 U.S.C. 552(a) and 1 CFR

part 51. Copies may be obtained from

Bombardier Inc., Canadair, Aerospace Group,

P.O. Box 6087, Station Centre-ville, Montreal,

Quebec H3C 3G9, Canada. Copies may be

inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, New York

Aircraft Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York 11581;

or at the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

Note 3: The subject of this AD is addressed

in Canadian airworthiness directive CF–

2000–28, dated August 28, 2000.

(e) This amendment becomes effective on

October 2, 2000.

Issued in Renton, Washington, on

September 22, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–24893 Filed 9–25–00; 1:14 pm]

BILLING CODE 4910–13–U

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]

RIN 0960–AF42

Extension of Expiration Date for the

Respiratory Body System Listings

AGENCY: Social Security Administration

(SSA).

ACTION: Final rule.

SUMMARY: We adjudicate claims at the

third step of our sequential evaluation

process for evaluating disability using

the Listing of Impairments (the Listings)

under the Social Security and

Supplemental Security Income (SSI)

programs. This final rule extends until

July 2, 2002, the date on which the

respiratory body system listings will no

longer be effective. We have made no

revisions to the medical criteria in these

listings; they remain the same as they

now appear in the Code of Federal

Regulations. This extension will ensure

that we continue to have medical

evaluation criteria in the listings to

adjudicate claims for disability based on

impairments in the respiratory body

system at step three of our sequential

evaluation process.

EFFECTIVE DATE: This final regulation is

effective September 27, 2000.

FOR FURTHER INFORMATION CONTACT:

Deborah Barnes, Social Insurance

Specialist, Office of Disability, Social

Security Administration, 3–A–8

Operations Building, 6401 Security

Boulevard, Baltimore, MD 21235–6401,

(410) 965–4171 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, or

visit the Internet site for SSA: http://

www.ssa.gov/.

SUPPLEMENTARY INFORMATION: We use

the Listings in appendix 1 to subpart P

of part 404 at the third step of the

sequential evaluation process to

evaluate claims filed by adults and

children for benefits based on disability

under the Social Security and SSI

programs. The Listings are divided into

parts A and B. We use the criteria in

part A to evaluate the impairments of

adults. We use the criteria in part B to

evaluate impairments of children. If

those criteria do not apply, then we will

apply the medical criteria in part A.

As a result of medical advances in

disability evaluation and treatment, and

program experience, we periodically

review and update the Listings. When

we last published the respiratory body

system listings on October 7, 1993 (58

FR 52346), we established October 7,

2000, as the date on which the

respiratory body system listings would

no longer be effective unless they were

extended or revised and promulgated

again.

In this final rule, we are extending

until July 2, 2002, the date on which the

respiratory body system listings (3.00

and 103.00) will no longer be effective.

We are extending this date because we

do not expect to develop revised listings

criteria for this body system by the

current expiration date. However, we

are reviewing the respiratory body

system listings and we plan to publish

proposed and final rules over the course

of the next two years.

We believe that the requirements in

these listings are still valid for our

program purposes. Specifically, if we

find that an individual has an

impairment that meets the statutory

duration requirement and that meets or

equals the Listings, we will find that the

individual is disabled at the third step

of the sequential evaluation process.

Regulatory Procedures

Justification For Final Rule

Pursuant to section 702(a)(5) of the

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

we follow the Administrative Procedure

Act (APA) rulemaking procedures

specified in 5 U.S.C. 553 in the

development of our regulations. The

APA provides exceptions to its notice

and public comment procedures when

an agency finds there is good cause for

dispensing with such procedures on the

basis that they are impracticable,

unnecessary, or contrary to the public

interest. We have determined that,

under 5 U.S.C. 553(b)(B), good cause

exists for dispensing with the notice and

public comment procedures for this

rule. Good cause exists because this

final rule only extends the date on

which the respiratory body system

listings will no longer be effective. It

makes no substantive changes to the

listings. The current regulations

expressly provide that the listings may

be extended, as well as revised and

promulgated again. Therefore, we have

determined that opportunity for prior

comment is unnecessary, and we are

issuing this regulation as a final rule.

In addition, we find good cause for

dispensing with the 30-day delay in the

effective date of a substantive rule

provided by 5 U.S.C. 553(d). As

explained above, we are not making any

substantive changes in the respiratory

body system listings. However, without

an extension of the expiration date for

the respiratory body system listings, we

will lack regulatory criteria for assessing

respiratory impairments at the third step

of the sequential evaluation process

after the current expiration date of the

listings. In order to ensure that we

continue to have regulatory criteria for

assessing respiratory impairments under

the listings, we find that it is in the

public interest to make this rule

effective upon publication.

Executive Order 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that this final rule does not

meet the criteria for a significant

regulatory action under Executive Order

12866. Thus, it was not subject to OMB

review. We have also determined that

this final rule meets the plain language

requirement of Executive Order 12866

and the President’s memorandum of

June 1, 1998 (63 FR 31885).

Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations 57947

Regulatory Flexibility Act

We certify that this final regulation

will not have a significant economic

impact on a substantial number of small

entities. Therefore, a regulatory

flexibility analysis as provided in the

Regulatory Flexibility Act, as amended,

is not required.

Paperwork Reduction Act

This final regulation imposes no

reporting/recordkeeping requirements

necessitating clearance by OMB.

(Catalog of Federal Domestic Assistance

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social

Security-Survivors Insurance; 96.006,

Supplemental Security Income)

List of Subjects in 20 CFR Part 404

Administrative practice and

procedure, Blind, Disability benefits,

Old-Age, Survivors and Disability

Insurance, Reporting and recordkeeping

requirements, Social Security.

Dated: September 19, 2000.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set forth in the

preamble, part 404, subpart P, chapter

III of title 20 of the Code of Federal

Regulations is amended as set forth

below.

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE (1950–)

Subpart P—[Amended]

1. The authority citation for subpart P

of part 404 continues to read as follows:

Authority: Secs. 202, 205(a), (b), and (d)–

(h), 216(i), 221(a) and (i), 222(c), 223, 225,

and 702(a)(5) of the Social Security Act (42

U.S.C. 402, 405(a), (b), and (d)–(h), 416(i),

421(a) and (i), 422(c), 423, 425, and

902(a)(5)); sec. 211(b), Pub. L. 104–193, 110

Stat. 2105, 2189.

2. Appendix 1 to subpart P of part 404

is amended by revising item 4 of the

introductory text before Part A to read

as follows:

Appendix 1 to Subpart P of Part 404—

Listing of Impairments

* * * * *

4. Respiratory System (3.00 and 103.00):

July 2, 2002.

* * * * *

[FR Doc. 00–24708 Filed 9–26–00; 8:45 am]

BILLING CODE 4191–02–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD01–00–220]

RIN 2115–AA97

Safety Zone; Oil Spill Recovery, Lower

New York and Sandy Hook Bays

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone for

an oil spill recovery on Lower New York

and Sandy Hook Bays. This action is

necessary to protect recovery personnel

and vessels in the vicinity of oil spill

recovery operations. This action is

intended to restrict vessel traffic in a

portion of Lower New York and Sandy

Hook Bays.

DATES: This rule is effective from 7 p.m.

(e.s.t.) on September 14, 2000, until 7

a.m. (e.s.t.) on September 25, 2000.

ADDRESSES: Comments and material

received from the public, as well as

documents indicated in this preamble as

being available in the docket, are part of

docket (CGD01–00–220) and are

available for inspection or copying at

Coast Guard Activities New York, 212

Coast Guard Drive, room 204, Staten

Island, New York 10305, between 8 a.m.

and 3 p.m., Monday through Friday,

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant M. Day, Waterways

Oversight Branch, Coast Guard

Activities New York (718) 354–4012.

SUPPLEMENTARY INFORMATION:

Regulatory Information

We did not publish a notice of

proposed rulemaking (NPRM) for this

regulation. Under 5 U.S.C. 553(b)(8), the

Coast Guard finds that good cause exists

for not publishing an NPRM. Good

cause exists for not publishing an NPRM

due to the fact that the safety zone is

required due to an unforeseen oil spill.

Any delay encountered in this

regulation’s effective date would be

unnecessary and contrary to public

interest since immediate action is

needed to close the waterway and

protect the recovery personnel and

vessels in the vicinity of oil spill

recovery operations.

Under 5 U.S.C. 553(d)(3), the Coast

Guard finds that good cause exists for

making this rule effective less than 30

days after publication in the Federal

Register. This is due to the following

reasons: It is an unforeseen oil spill and

is needed to protect the recovery

personnel and vessels in the vicinity of

the oil spill recovery operations.

Background and Purpose

There was an oil spill in the vicinity

of the Naval Weapons Station, Earle, NJ

on September 14, 2000. The Coast

Guard is establishing a temporary safety

zone to provide safety to personnel

engaged in recovery operations and to

vessels in the area. The safety zone is in

effect from 7 p.m. (e.s.t.) on September

14, 2000, until 7 a.m. (e.s.t.) on Monday,

September 25, 2000. The effective times

of this safety zone may be extended or

shortened depending on the time

required to conduct the oil spill

recovery. The safety zone prevents

vessels from transiting a portion of

Lower New York and Sandy Hook Bays.

The safety zone includes all waters of

Lower New York and Sandy Hook Bays

bound by the following points:

40°27.449′ N, 074°08.224′ W onshore at

Point Comfort, NJ, thence to Old

Orchard Shoal Light (LLNR 35395),

thence to Chapel Hill South Channel

Lighted Bell Buoy 10 (LLNR 35235),

thence to 40°28.656′ N, 074°01.076′ W

onshore at Sandy Hook Point, thence to

Atlantic Highlands Breakwater Light

(LLNR 35595). Marine traffic will not be

allowed within this safety zone without

authorization from the Captain of the

Port New York. The size and duration

of this zone may be expanded or

contracted as required for oil spill

recovery activities. Public notifications

will be made by facsimile and broadcast

notice to mariners as required.

Regulatory Evaluation

This rule is not a ‘‘significant

regulatory action’’ under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

Order. The Office of Management and

Budget has not reviewed it under that

Order. It is not ‘‘significant’’ under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040, February 26, 1979).

The Coast Guard expects the

economic impact of this final rule to be

so minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This finding is

based on the minimal time that vessels

will be restricted from the zone, and the

unforeseen nature of the oil spill.

The size of this safety zone was

determined using the predicted tides

and currents for the area affected by the

oil spill.