Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules 6929

(d) Modifying the helicopter in accordance

with paragraph 2.B of the Accomplishment

Instructions in Eurocopter Service Bulletin

No. 63.00.07, applicable to Model AS–350B,

BA, B1, B2, and D helicopters, or Eurocopter

Service Bulletin No. 63.00.13, applicable to

Model AS–355E, F, F1, F2, and N

helicopters, both dated April 7, 1997,

constitutes terminating action for the

requirements of this AD.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Regulations

Group, FAA, Rotorcraft Directorate.

Operators shall submit their requests through

an FAA Principal Maintenance Inspector,

who may concur or comment and then send

it to the Manager, Regulations Group.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Regulations Group.

(f) 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 helicopter

to a location where the requirements of this

AD can be accomplished.

Note 4: The subject of this AD is addressed

in Direction Generale De L’Aviation Civile

(France) AD 96–156–071(B)R1 and AD 96–

155–053(B)R1, both dated June 4, 1997.

Issued in Fort Worth, Texas, on February

4, 2000.

Eric Bries,

Acting Manager, Rotorcraft Directorate,

Aircraft Certification Service.

[FR Doc. 00–3225 Filed 2–10–00; 8:45 am]

BILLING CODE 4910–13–U

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

RIN 0960–AE99

Technical Revisions to Medical Criteria

for Determinations of Disability

AGENCY: Social Security Administration

(SSA).

ACTION: Proposed rules.

SUMMARY: We are proposing to make a

number of technical revisions to the

Listing of Impairments (the listings). We

use the listings to adjudicate claims for

disability under titles II and XVI of the

Social Security Act (the Act) when we

evaluate claims of individuals at steps 3

of our sequential evaluation processes

for adults and children. The proposed

changes reflect advances in medical

knowledge, treatment, and terminology,

clarify certain listing criteria, remove

listings that we rarely use or that are

redundant, and add new listings

consistent with current medical

practice.

These proposed revisions are

technical changes that are intended to

clarify or modify current language to

improve understanding and usability.

They are not intended to be a

comprehensive update of the listings.

DATES: To be sure that your comments

are considered, we must receive them

no later than April 11, 2000.

ADDRESSES: Comments should be

submitted in writing to the

Commissioner of Social Security, P.O.

Box 17703, Baltimore, MD 21235–7703,

sent by telefax to (410) 966–2830, sent

by e-mail to ‘‘regulations@ssa.gov’’, or

delivered to the Office of Process and

Innovation Management, Social Security

Administration, L2109 West Low Rise

Building, 6401 Security Boulevard,

Baltimore, MD 21235–6401, between

8:00 a.m. and 4:30 p.m. on regular

business days. Comments may be

inspected during these hours by making

arrangements with the contact person

shown below.

FOR FURTHER INFORMATION CONTACT:

Carolyn Kiefer, Social Insurance

Specialist, Office of Disability, Social

Security Administration, 3–B–9

Operations Building, 6401 Security

Boulevard, Baltimore, Maryland 21235–

6401, (410) 965–9104 or TTY (410) 966–

5609.

SUPPLEMENTARY INFORMATION:

Background

Title II of the Act provides for the

payment of disability insurance benefits

to workers insured under the Act. Title

II also provides, under certain

circumstances, for the payment of

child’s insurance benefits for persons

who become disabled before age 22 and

widow’s and widower’s insurance

benefits based on disability for widows,

widowers, and surviving divorced

spouses of insured individuals. In

addition, title XVI of the Act provides

for Supplemental Security Income (SSI)

payments to persons who are aged,

blind, or disabled and who have limited

income and resources.

For adults under both the title II and

title XVI programs and for persons

claiming child’s insurance benefits

based on disability under the title II

program, ‘‘disability’’ means that an

impairment(s) results in an inability to

engage in any substantial gainful

activity. For an individual under age 18

claiming SSI benefits based on

disability, ‘‘disability’’ means that an

impairment(s) results in ‘‘marked and

severe functional limitations.’’ Under

both title II and title XVI, disability

must be the result of any medically

determinable physical or mental

impairment(s) that can be expected to

result in death or that has lasted or can

be expected to last for a continuous

period of at least 12 months.

The process for determining whether

an individual (except for an individual

under age 18 claiming SSI benefits

based on disability) is disabled based on

the statutory definition is set forth in

our longstanding regulations at

§§ 404.1520 and 416.920. These

regulations provide for a sequential

evaluation process for evaluating

disability. There is a separate sequential

evaluation process described in

regulations at § 416.924 for individuals

under age 18 claiming SSI benefits

based on disability. At step 3 of both

sequential evaluation processes we ask

the same question: Whether an

individual who is not engaging in

substantial gainful activity and who has

an impairment(s) that is severe, has an

impairment(s) that meets or equals in

severity the criteria of an impairment

listed in appendix 1 of subpart P of part

404, the listings. The listings describe,

for each of the major body systems,

impairments that are considered severe

enough to prevent a person from doing

any gainful activity (or in the case of a

child under age 18 claiming SSI benefits

based on disability, to cause marked and

severe functional limitations). Although

the listings are contained only in part

404, they are referenced by subpart I of

part 416.

The listings are divided into Part A

and Part B. The criteria in Part A are

applied in evaluating impairments of

persons age 18 or over. The criteria in

Part A may also be used to evaluate

impairments in persons under age 18 if

the disease processes have a similar

effect on adults and children. In

evaluating disability for a person under

age 18, we first use the criteria in Part

B and, if the criteria in Part B do not

apply, we use the criteria in Part A (see

§§ 404.1525 and 416.925).

These changes are not intended to be

a comprehensive update and revision of

the listings. We continue to review each

of the body system listings to determine

appropriate revisions and updates of a

more substantive nature. If we

determine that more substantive

revisions are necessary, we will publish

a notice in the Federal Register

describing those proposed revisions and

requesting public comments. Therefore,

we are now requesting comments only

on the specific technical changes we are

6930 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules

proposing in this notice of proposed

rulemaking.

The following is a detailed summary

of the proposed revisions and our

reasons for proposing these changes.

Explanation of Proposed Revisions

We propose to revise the language

throughout all listings regarding

references to ‘‘X-ray(s),’’ roentgenograms

(which is another word for X-rays), and

radiographic studies (which is another

process similar to roentgenography), to

include ‘‘other appropriate medically

acceptable imaging’’ as satisfactory

medical evidence. The proposed

changes occur in the following sections

and/or listings:

Sections 1.00A, 1.00B and 1.00C of

the preface to the musculoskeletal body

system and Listings 1.03, 1.04, 1.05,

1.08, 1.09, and 1.11;

Section 2.00B2 of the preface to the

special senses and speech body system;

Section 4.00C3 of the preface to the

cardiovascular system;

Section 5.00C of the preface to the

digestive system and Listings 5.03, 5.04,

and 5.05;

Listing 6.02C1 of the genito-urinary

system;

Listing 7.16A of the hemic and

lymphatic system;

Listing 9.03A of the endocrine system;

Listing 14.08M6 of the immune

system;

Section 100.00B of the preface to

growth impairments;

Listings 101.02A3 and 101.08 of the

musculoskeletal system;

Listing 103.04B3 of the respiratory

system;

Section 104.00E of the preface to the

cardiovascular system;

Section 105.00B of the preface to the

digestive system and Listings 105.05A

and 105.05C;

Section 113.00B of the preface to the

neoplastic diseases; and,

Listing 114.08N6 of the immune

system.

We are proposing these changes to

recognize that there have been

significant advances in medical

imaging, such as (but not limited to)

computerized axial tomography (CAT

scan) and magnetic resonance imaging

(MRI), and to increase the types of

evidence that can be used to meet the

listings. Under §§ 404.1525 and 416.925

of our regulations, an individual’s

impairment ‘‘meets’’ the criteria of a

given listing only by showing the same

findings that are required in the listing.

Because of this, an individual who has

all of the findings required by a listing

except X-ray evidence but who has the

same or better information from a CAT

scan, MRI, or other medically acceptable

modern imaging technique than can be

gotten from X-ray cannot meet the

listing; instead, we must find that the

individual’s impairment medically

equals the listing. The proposed changes

would allow us to find that such

individuals have impairments that meet

these listings. We also made the

proposed phrase nonspecific to allow

for flexibility in the use of the use of the

listings should new medically

appropriate imaging techniques be

developed in the future.

We are also proposing to add a brief

explanation in the prefaces of the

musculoskeletal adult and childhood

listings (in paragraphs 1.00B and

101.00B, respectively) to explain what

we mean by appropriate medically

acceptable imaging techniques, and to

explain that we will not purchase such

expensive tests as CAT scans or MRIs in

the course of obtaining documentation,

but we will consider the results of these

tests if they are available.

1.01 and 101.01 Category of

Impairments, Musculoskeletal

We are making a correction to Listing

1.09 to move the word ‘‘of’’ to its proper

placement following the parenthetical

text that describes what we mean by

‘‘Amputation or anatomical deformity.’’

The ‘‘of’’ is currently incorrectly placed

after the word ‘‘deformity,’’ and before

the explanatory parenthetical language.

We are proposing to amend childhood

Listing 101.08, Chronic osteomyelitis, to

make it consistent with the language

and criteria of adult Listing 1.08, which

addresses osteomyelitis or septic

arthritis. Since the adult listing is more

complete and comprehensive, we are

amending the childhood listing to be

consistent with the adult listing.

2.00 and 102.00 Special Senses and

Speech

We propose to revise the heading of

2.00A to read ‘‘Disorders of Vision’’

because the term currently used,

‘‘Ophthalmology,’’ is most commonly

used to define the branch of medicine

that deals with the anatomy, physiology,

and pathology of the eye, whereas these

listings, in fact, address visual

disorders.

We propose to remove the word

‘‘central’’ in referring to vision and

visual acuity throughout 2.00 and

102.00 because it is redundant. ‘‘Central

vision’’ is medically synonymous with

‘‘visual acuity.’’ We propose to revise

2.00A1 to explain that diseases or injury

of the eyes may result in loss of visual

acuity or loss of the peripheral field. It

is the loss of visual acuity that results

in inability to distinguish detail and

prevents reading and fine work, while

the loss of the peripheral field restricts

the ability of an individual to move

about freely. We propose to clarify this

section by stating that the extent of

impairment of sight should be

determined by visual acuity and

peripheral field testing. Likewise, in

2.00A2, with the removal of the word

‘‘central,’’ we also propose to revise the

opening sentence to clarify that loss of

visual acuity may result in impaired

distant and/or near vision (not ‘‘caused

by’’ impaired vision).

Thus, we are proposing to remove the

word ‘‘central’’ from the following:

2.00A1, 2.00A2, 2.00A5, 2.00A6, 2.02,

Table No. 1 and its footnotes 2 and 3,

102.00A, and 102.02.

Also, we propose to further revise

Table No. 1 by adding the word

‘‘acuity’’ to the first line of the chart,

‘‘Percent visual acuity efficiency,’’ and

also to the title, ‘‘Percentage of Visual

Acuity Efficiency Corresponding to

Visual Acuity Notations * * *’’.

Additionally, we propose clarifying

the language of Listing 2.04 by replacing

the phrase ‘‘central visual efficiency’’

with the phrase ‘‘visual acuity

efficiency.’’

We propose to revise 2.00B3 by

removing the word ‘‘organic’’ from its

title, removing the first sentence of the

section, and amending the second

sentence to clarify that the ability to

produce speech by any means includes

the use of mechanical or electronic

devices that improve voice or

articulation. Also in this section, we

propose to correct the reference to

‘‘neurologic’’ disorders by appropriately

calling them ‘‘neurological’’ disorders.

We propose to remove Listing 2.05,

Complete homonymous hemianopsia

(with or without macular sparing)

because the language of 2.05 now

directs that this disorder should be

evaluated under Listing 2.04. Since we

are not proposing to change Listing 2.04

in any substantive way, we will still use

this listing to evaluate complete

homonymous hemianopsia and there is

no need to retain the separate listing.

We propose to revise Listing 2.09,

Organic loss of speech, to remove the

word ‘‘organic’’ because we believe that

the cause of loss of speech (i.e., whether

it is or is not ‘‘organic’’) should be

immaterial for purpose of applying this

listing. We also propose to change the

word ‘‘and’’ to ‘‘or’’ to clarify that the

inability to produce speech that can be

heard, understood, or sustained will

meet the listing, instead of the

requirement under the current language

that all three of these factors be present.

We believe that any one of these factors

is sufficient to establish that an

Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules 6931

individual has a listing-level

impairment.

3.00 and 103.00 Respiratory System

In the listing preface, we propose to

revise some of the technical language

dealing with the requirements for

spirometry calibration and testing for

diffusing capacity of the lungs for

carbon monoxide (DLCO) to comply

with the standards of current medical

practice.

In 3.00E and 103.00B, Documentation

of pulmonary function testing, we

propose to revise the last sentence of the

third paragraph of each section to

explain that the testing device must

have a daily recorded calibration of

volume units performed sometime prior

to the pulmonary function study. This

revises the current requirement for

separate calibration tracings to be

performed at the time each pulmonary

function test is performed. We believe a

single daily calibration of the testing

device is sufficient to provide accurate

pulmonary measurements for purposes

of our listings.

In 3.00F1, Diffusing capacity of the

lungs for carbon monoxide (DLCO), fifth

paragraph, fourth and fifth sentences,

we are proposing the deletion of the

reference to the algorithm used to

calculate test results and the language

regarding ‘‘independent calculation of

results.’’ We believe this algorithm no

longer needs to be provided in the

documentation of DLCO since

adjudicators are not expected to

recompute the test results. Rather, we

are asking that the file include

documentation of the source of the

predicted equation to permit

adjudicators to verify that the test was

performed adequately.

3.01 and 103.01 Category of

Impairments, Respiratory System

We propose to add a new listing

addressing lung transplants for both

adults and children. Listing 3.11 for

adults and Listing 103.05 for children,

Lung transplant, is proposed to be

consistent with other organ transplant

listings and to provide that an

individual undergoing a lung transplant

will be considered under a disability for

12 months following the date of surgery

with evaluation of any residual

impairment thereafter.

4.00 and 104.00 Cardiovascular

System

In 4.00A, Introduction, fourth

paragraph, second sentence, and

104.00A, Introduction, sixth paragraph,

second sentence, we propose to revise

the language to change the word ‘‘make’’

to the word ‘‘consider’’ in the clause

referring to making a medical

equivalence determination in the case of

an adult, and for children, a medical or

functional equivalence determination.

The current language could be

misinterpreted to mean that, when an

individual has a medically determinable

impairment that is not listed, or a

combination of impairments no one of

which meets a listing, we will find that

his or her impairment is medically

equivalent to a listing, or for children,

medically or functionally equivalent to

a listing. Our intent has always been to

indicate only that we will consider

whether the impairment or combination

of impairments is medically equivalent

(or for children medically or

functionally equivalent) to a listing.

This is only a clarification of what we

have always intended by the language in

these sections.

5.00 and 105.00 Digestive System

As discussed above, we are proposing

to amend Listings 5.05A and 105.05C to

allow for documentation of esophageal

varices by X-rays, endoscopy, or other

appropriate medically acceptable

imaging. This will allow for changes in

medical technology over time and will

eliminate the current unnecessary

language differences in the parenthetical

portion of these listings.

We propose to add a new listing to

both the adult and childhood listings for

the digestive system to address liver

transplantation in keeping with our

other organ transplantation listings. For

adults, the new listing will be 5.09,

Liver transplant; for children, it will be

105.09, Liver transplant.

Also, we are correcting a

typographical error in 5.00C.

7.00 and 107.00 Hemic and Lymphatic

System

We propose to add T-cell

lymphoblastic lymphoma to the

discussion of acute leukemia in sections

7.00E and 107.00C as well as in Listings

7.11 and 107.11. This disorder follows

the same course and requires the same

treatment as acute leukemia and is just

as serious. By including this disorder in

the preface and as a listed impairment

in both the adult and childhood listings,

we believe evaluation will be simplified

by specifically directing adjudicators to

the criteria for evaluating this disease.

We propose to amend the reference to

bone marrow transplantation in Listing

7.17, Aplastic anemias or hematologic

malignancies (excluding acute

leukemia), to ‘‘bone marrow or stem cell

transplantation’’ to add the new medical

technique of stem cell transplantation

which is comparable to bone marrow

transplantation.

8.01 Category of Impairments, Skin

We are correcting a spelling error in

Listing 8.06. The correct name of this

impairment is Hidradenitis suppurative,

acne conglobata.

9.01 Category of Impairments,

Endocrine System

We propose to revise Listing 9.02,

Thyroid Disorders, to remove paragraph

A, which refers to ‘‘Progressive

exophthalmos as measured by

exophthalmometry,’’ because this

complication now rarely occurs due to

advances in treatment for thyroid

disease.

11.00 and 111.00 Neurological

We are proposing changes in the

language that we currently use for

epilepsy and its treatment throughout

these listings to make our listing

language consistent with current

medical terminology. For example, we

propose changing the term ‘‘convulsive

disorders’’ in 11.00A to ‘‘epilepsy,’’ and

changing the references to

‘‘anticonvulsive’’ treatment and drugs to

‘‘antiepileptic’’ treatment and drugs to

reflect current medical terminology. In

keeping with these changes in

terminology, we are also proposing

changing the descriptions of the

categories of epilepsy under Listings

11.02 and 11.03 in Part A, and Listings

111.02 and 111.03 in Part B. In place of

the term major motor seizures (11.02

and 111.02) we are proposing

‘‘convulsive epilepsy,’’ and for the term

minor motor seizures (11.03 and

111.03), we are proposing

‘‘nonconvulsive epilepsy.’’ These terms

are in keeping with current medical

terminology.

We also propose to remove the

requirement for electroencephalogram

(EEG) evidence to support the existence

of epilepsy throughout the neurological

listings with the exception of cases

involving nonconvulsive epilepsy in

children. This is the only category of

epilepsy in which an EEG is the

definitive diagnostic tool; in all other

situations of epilepsy, it is rare for an

EEG to confirm the presence of a seizure

disorder.

We propose to amend the language of

Listing 111.02B3 by changing it from

‘‘significant emotional disorder’’ to

‘‘significant mental disorder.’’ This

clarifies the nature of the impairment

identified, i.e., a defined mental

impairment, and is consistent with

other listing terminology.

We propose to remove Listing 11.15,

Tabes dorsalis, because the availability

of effective screening tests and

treatment have markedly reduced the

6932 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules

incidence of this disorder. With the

capability to do early identification and

treatment in cases of syphilis, the

disease that leads to Tabes dorsalis, we

believe this listing is no longer needed.

With the proposal to remove Listing

11.15, we are also proposing to remove

the reference to 11.15B currently in

Listing 11.17A, which deals with

disorganization of motor function in

degenerative diseases such as

Huntington’s chorea and Friedreich’s

ataxia. The disorganization of motor

function described in Listing 11.04B

includes disturbances of gait as

described in 11.15B, so we believe that

the reference to 11.04B is sufficient to

address the manifestations of the

degenerative diseases covered by Listing

11.17.

12.01 and 112.01 Category of

Impairments, Mental

We are proposing to highlight a

portion of the language in the capsule

definition of Listing 12.05 by italicizing

it. Listing 12.05 deals with mental

retardation and autism. Mental

retardation is defined as a significantly

subaverage general intellectual

functioning with deficits in adaptive

behavior initially manifested during the

developmental period (before age 22).

To draw the user’s attention to the

portion dealing with the time period for

the manifestations of these deficits, we

propose to italicize the text initially

manifested during the developmental

period (before age 22).

We are proposing to correct an error

in Listing 112.05F1 and 112.05F2. The

word ‘‘limitations’’ should be

‘‘limitation.’’ This is consistent with the

wording of the adult Listing 12.05C,

‘‘imposing additional and significant

work-related limitation of function.’’

13.01 Category of Impairments,

Neoplastic Diseases—Malignant

We propose to amend Listing 13.08,

Thyroid gland, adding another criterion,

‘‘Anaplastic carcinoma of the thyroid.’’

This would be designated as 13.08B,

and the current listing language would

become 13.08A. Anaplastic carcinoma

of the thyroid is a distinct type of

carcinoma that can be specified as part

of this listing because it is of the same

level of severity as the current listing

and has a poor prognosis. We believe

that identifying it separately will assist

adjudicators in evaluating thyroid

neoplasms.

Clarity of These Proposed Rules

Executive Order 12866 and the

President’s memorandum of June 1,

1998, (63 F.R. 31885), require each

agency to write all rules in plain

language. In addition to your

substantive comments on these

proposed rules, we invite your

comments on how to make these

proposed rules easier to understand.

For example:

• Have we organized the material to

suit your needs?

• Are the requirements in these rules

clearly stated?

• Do the rules contain technical

language or jargon that isn’t clear?

• Would a different format (grouping

and order of sections, use of headings,

paragraphing) make these rules easier to

understand?

• Would more (but shorter) sections

be better?

• Could we improve clarity by adding

tables, lists, or diagrams?

• What else could we do to make

these rules easier to understand?

Electronic Versions

The electronic file of this document is

available on the internet at http://

www.access.gpo.gov/suldocs/aces/

aces140.html. It is also available on the

internet site for SSA (i.e., ‘‘SSA

Online’’) at http://www.ssa.gov/.

Regulatory Procedures

Executive Order 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that these proposed

regulations do not meet the criteria for

a significant regulatory action under

Executive Order 12866. Thus, they were

not subject to OMB review.

Regulatory Flexibility Act

We certify that these proposed

regulations will not have a significant

economic impact on a substantial

number of small entities because they

affect only individuals. Thus, a

regulatory flexibility analysis as

provided in the Regulatory Flexibility

Act, as amended, is not required.

Paperwork Reduction Act

These proposed regulations will

impose no additional reporting or

recordkeeping requirements requiring

OMB clearance.

(Catalog of Federal Domestic Assistance

Program Nos. 96.001, Social SecurityDisability Insurance; 96.006, Supplemental

Security Income)

List of Subjects

20 CFR Part 404

Administrative practice and

procedure, Blind, Disability benefits,

Old-Age, Survivors and Disability

Insurance, Reporting and recordkeeping

requirements, Social Security.

20 CFR Part 416

Administrative practice and

procedure, Aged, Blind, Disability

benefits, Public assistance programs,

Reporting and recordkeeping

requirements, Supplemental Security

Income.

Dated: January 28, 2000.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set forth in the

preamble, we are proposing to amend

part 404, subpart P, and part 416,

subpart I of chapter III of title 20 of the

Code of Federal Regulations as follows:

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.

Appendix 1 to Subpart P of Part 404—

[Amended]

2. Appendix 1 to subpart P of part 404

is amended as follows:

a. Section 1.00 in part A of appendix

1 is amended:

(1) By revising the last sentence of

paragraph A;

(2) By revising the first sentence in

the second paragraph of paragraph B;

(3) By adding a new eighth paragraph

to paragraph B; and,

(4) By revising paragraph C;

b. Section 1.03 in part A of appendix

1, paragraph A is revised.

c. Section 1.04 in part A of appendix

1 is amended by revising the

introductory text.

d. Section 1.05 in part A of appendix

1 is amended by revising the

introductory text in paragraphs A and B.

e. Section 1.08 in part A of appendix

1 is amended by revising the heading.

f. Section 1.09 in part A of appendix

1 is amended by revising the heading.

g. Section 1.11 in part A of appendix

1 is revised.

h. Section 2.00 in part A of appendix

1 is amended:

(1) By revising the heading of

paragraph A;

(2) By revising paragraph A1, the first

two sentences of paragraph A2, and

paragraph A5;

(3) By amending paragraph A6 to

remove the word ‘‘central’’ in the first,

fourth, fifth, and sixth sentences;

Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules 6933

(4) By revising the last sentence in the

third paragraph of paragraph B2;

(5) By revising paragraph B3;

(6) By amending Table No. 1 by

revising the heading to read,

‘‘Percentage of visual acuity efficiency

corresponding to visual acuity notations

for distance in the phakic and aphakic

eye (better eye)’’ by revising the heading

of the right column on the first line of

the table to read, ‘‘Percent visual acuity

efficiency’’; and by amending footnotes

2 and 3 to Table No. 1 by removing the

word ‘‘central.’’

i. Section 2.02 in part A of appendix

1 is amended by removing the word

‘‘central’’ in the heading.

j. Section 2.04 in part A of appendix

1 is revised.

k. Section 2.05 in part A of appendix

1 is removed and reserved.

l. Section 2.09 in part A of appendix

1 is revised.

m. Section 3.00 in part A of appendix

1 is amended by revising the last

sentence in the third paragraph of

paragraph E, and by amending

paragraph F1 by revising the fourth and

fifth sentences of the fifth paragraph.

n. Section 3.11 in part A of appendix

1 is added.

o. Section 4.00, paragraph A, in part

A of appendix 1 is amended in the

second sentence of the fourth paragraph

by revising ‘‘make’’ to read ‘‘consider’’,

and in paragraph C3 by amending the

third sentence of the first paragraph.

p. Section 5.00, paragraph C, in part

A of appendix 1 is amended in the

fourth sentence by revising

‘‘roentgenograms’’ to read ‘‘X-rays or

other appropriate medically acceptable

imaging,’’ and by revising

‘‘impairmentich’’ to read ‘‘impairment

which.’’

q. Section 5.03 in part A of appendix

1 is revised.

r. Section 5.04 in part A of appendix

1 is amended by revising the heading

and by revising paragraph C.

s. Section 5.05 in part A of appendix

1 is amended by revising the first

sentence in paragraph A.

t. Section 5.09 in part A of appendix

1 is added.

u. Section 6.02 in part A of appendix

1 is amended by revising paragraph C1.

v. Section 7.00 in part A of appendix

1 is amended by revising the heading

and the first sentence of the first

paragraph of paragraph E.

w. Section 7.11 in part A of appendix

1 is amended by revising the heading.

x. Section 7.16 in part A of appendix

1 is amended by revising paragraph A.

y. Section 7.17 in part A of appendix

1 is amended by revising the first

sentence.

z. Section 8.06 in part A of appendix

1, the heading is amended by revising

‘‘Hydradenitis’’ to read ‘‘Hidradenitis.’’

aa. In section 9.02 in part A of

appendix 1, the word ‘‘With:’’ following

the heading and paragraph A are

removed and the paragraph designation

‘‘B’’ is removed from paragraph B.

bb. Section 9.03, paragraph A, in part

A of appendix 1 is revised.

cc. Section 11.00, paragraph A, in part

A of appendix 1 is amended by revising

the heading, by revising the first

sentence in the first paragraph, by

removing the second paragraph, by

redesignation the third paragraph as the

second paragraph and by amending the

first, second and third sentences in the

redesignating second paragraph to

revise the word ‘‘anticonvulsive’’ to

read ‘‘antiepileptic.’’

dd. Section 11.02 in part A of

appendix 1 is amended by revising the

heading.

ee. Section 11.03 in part A of

appendix 1 is amended by revising the

heading.

ff. Section 11.15 in part A of appendix

1 is removed and reserved.

gg. Section 11.17, paragraph A, in part

A of appendix 1 is amended by

removing the words ‘‘or 11.15B’’.

hh. Section 12.05 in part A of

appendix 1 is amended by revising the

first sentence of the introductory text.

ii. Section 13.08 in part A of appendix

1 is revised.

jj. Section 14.08 in part A of appendix

1 is amended by revising paragraph M6.

kk. Section 100.00, paragraph B, in

part B of appendix 1 is revised.

ll. Section 101.00, paragraph B, in

part B of appendix 1 is amended by

adding a second paragraph.

mm. Section 101.02, paragraph A3, in

part B of appendix 1 is revised.

nn. Section 101.08 in part B of

appendix 1 is revised.

oo. Section 102.00 in part B of

appendix 1, is amended by removing

the word ‘‘central’’ from the first and

second sentences of paragraph A.

pp. Section 102.02 in part B of

appendix 1 is amended by removing the

word ‘‘central’’ from the heading.

qq. Section 103.00, paragraph B, in

part B of appendix 1 is amended by

revising last sentence of the third

paragraph.

rr. Section 103.04, paragraph B3, in

part B of appendix 1 is revised.

ss. Section 103.05 in part B of

appendix 1 is added after Table III.

tt. Section 104.00, paragraph A, in

part B of appendix 1 is amended in the

last sentence of the sixth paragraph by

revising ‘‘make a determination’’ to read

‘‘consider,’’ and paragraph E is amended

by revising the first sentence of the third

paragraph.

uu. Section 105.00 in part B of

appendix 1, is amended to revise the

first sentence in paragraph B.

vv. Section 105.05, paragraphs A and

C, in part B of appendix 1 are revised.

ww. Section 105.09 in part B of

appendix 1 is added.

xx. Section 107.00, paragraph C, in

part B of appendix 1 is amended by

revising the heading and by revising the

first sentence of the first paragraph.

yy. Section 107.11 in part B of

appendix 1 is amended by revising the

heading.

zz. Section 111.00 in part B of

appendix 1, paragraph A is revised and

paragraph B is amended by revising the

heading, and by removing the second

sentence.

aaa. Section 111.02 in part B of

appendix 1 is amended by revising the

headings of paragraphs A and B; by

revising the first sentence of the

introductory text of paragraphs A and B;

and by revising paragraph B3.

bbb. Section 111.03 in part B of

appendix 1 is amended by revising the

heading.

ccc. Section 112.05, paragraphs F1

and F2, in part B of appendix 1 are

amended by revising ‘‘limitations’’ to

read ‘‘limitation.’’

ddd. Section 113.00 in part B of

appendix 1, is amended by revising the

third sentence in paragraph B.

eee. Section 114.08, paragraph N6, in

part B of appendix 1, paragraph N6 is

revised.

The added and revised text is as

follows:

Appendix 1 to Subpart P of Part 404-

Listing of Impairments

* * * * *

1.00 Musculoskeletal System

A. * * * Evaluations of musculoskeletal

impairments should be supported where

applicable by detailed descriptions of the

joints, including ranges of motion, condition

of the musculature, sensory or reflex changes,

circulatory deficits, and abnormalities as

shown by X-ray or other appropriate

medically acceptable imaging.

B. * * *

Evaluation of the impairment caused by

disorders of the spine requires that a clinical

diagnosis of the entity to be evaluated first

must be established on the basis of adequate

history, physical examination, and

roentgenograms or other appropriate

medically acceptable imaging. * * *

* * * * *

Medically acceptable imaging includes, but

is not limited to, X-ray imaging,

computerized axial tomography (CAT scan),

magnetic resonance imaging (MRI), with or

without contrast material, and radionuclear

bone scans. While any appropriate medically

6934 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules

acceptable imaging is useful in establishing

the diagnosis of musculoskeletal

impairments, some tests, such as CAT scans

and MRIs are quite expensive and some, such

as myelograms, are invasive and may involve

significant risk. If the results of these tests are

available from the claimant or other sources

at no or minimal cost to the agency, they will

be considered in the evaluation of the claim.

However, expensive tests and tests that may

involve significant risk to the claimant, such

as myelograms, will not be ordered.

C. After maximum benefit from surgical

therapy has been achieved in situations

involving fractures of an upper extremity (see

1.12) or soft tissue injuries of a lower or

upper extremity (see 1.13), i.e., there have

been no significant changes in physical

findings or findings as shown by x-rays or

other appropriate medically acceptable

imaging techniques for any 6-month period

after the last definitive surgical procedure,

evaluation should be made on the basis of

demonstrable residuals.

* * * * *

1.03 Arthritis of a major weight-bearing

joint (due to any cause):

* * * * *

A. Gross anatomical deformity of hip or

knee (e.g., subluxation, contracture, bony or

fibrous ankylosis, instability) supported by xray or other appropriate medically acceptable

imaging evidence showing either significant

joint space narrowing or significant bony

destruction, and markedly limiting ability to

walk or stand; or,

* * * * *

1.04 Arthritis of one major joint in each

of the upper extremities (due to any cause):

With history of persistent joint pain and

stiffness, signs of marked limitation of

motion of the affected joints on current

physical examination, and X-ray or other

appropriate medically acceptable imaging

evidence of either significant joint space

narrowing or significant bony destruction.

With:

* * * * *

1.05 Disorders of the spine: 

A. Arthritis manifested by ankylosis or

fixation of the cervical or dorsolumbar spine

at 30° or more of flexion measured from the

neutral position, with X-ray or other

appropriate medically acceptable imaging

evidence of:

* * * * *

B. Osteoporosis, generalized (established

by X-ray or other appropriate medically

acceptable imaging) manifested by pain and

limitation of back motion and paravertebral

muscle spasm with X-ray or other

appropriate medically acceptable imaging

evidence of either:

* * * * *

1.08 Osteomyelitis or septic arthritis

(established by X-ray or other appropriate

medically acceptable imaging):

* * * * *

1.09 Amputation or anatomical deformity

(i.e., loss of major function due to

degenerative changes associated with

vascular or neurological deficits, traumatic

loss of muscle mass or tendons and X-ray or

other appropriate medically acceptable

imaging evidence of bony ankylosis at an

unfavorable angle, joint subluxation or

instability) of:

* * * * *

1.11 Fracture of the femur, tibia, tarsal

bone or pelvis with solid union not evident

on X-ray or other appropriate medically

acceptable imaging, and not clinically solid,

when such determination is feasible, and

return to full weight-bearing status did not

occur or is not expected to occur within 12

months of onset.

* * * * *

2.00 Special Senses and Speech

A. Disorders of Vision

1. Causes of impairment. Diseases or injury

of the eyes may produce loss of visual acuity

or loss of the peripheral field. Loss of visual

acuity results in inability to distinguish

detail and prevents reading and fine work.

Loss of the peripheral field restricts the

ability of an individual to move about freely.

The extent of impairment of sight should be

determined by visual acuity and peripheral

field testing.

2. Visual acuity. Loss of visual acuity may

result in impaired distant and/or near vision.

However, for an individual to meet the level

of severity described in 2.02 and 2.04, only

the remaining visual acuity for distance of

the better eye with best correction based on

the Snellen test chart measurement may be

used. * * *

* * * * *

5. Visual efficiency. Loss of visual

efficiency may be caused by disease or injury

resulting in reduction of visual acuity or

visual field. The visual efficiency of one eye

is the product of the percentage of visual

acuity efficiency and the percentage of visual

field efficiency. (See tables no. 1 and 2,

following 2.09.)

* * * * *

B. * * *

2. * * *

* * * * *

* * * When polytomograms, contrast

radiography, or other special tests have been

performed, copies of the reports of these tests

should be obtained in addition to reports of

skull and temporal bone X-rays or other

appropriate medically acceptable imaging.

3. Loss of speech. In evaluating the loss of

speech, the ability to produce speech by any

means includes the use of mechanical or

electronic devices that improve voice or

articulation. Impairment of speech due to

neurological disorders should be evaluated

under 11.00—11.19.

* * * * *

2.04 Loss of visual efficiency. Visual

efficiency of better eye after best correction

20 percent or less. (The percent of remaining

visual efficiency = the product of the percent

of remaining visual acuity efficiency and the

percent of remaining visual field efficiency.)

2.05 [Removed and reserved]

* * * * *

2.09 Loss of speech due to any cause with

inability to produce by any means speech

which can be heard, understood, or

sustained.

* * * * *

3.00 Respiratory System

* * * * *

E. Documentation of pulmonary function

testing.

* * * * *

* * * If the spirogram was generated by

any means other than direct pen linkage to

a mechanical displacement-type spirometer,

the testing device must have had a recorded

calibration performed previously on the day

of the spirometric measurement.

* * * * *

F. Documentation of chronic impairment

of gas exchange. 

1. * * *

* * * * *

* * * The percentage concentrations of

inspired O2 and inspired and expired CO and

He for each of the maneuvers should be

provided. Sufficient data must be provided,

including documentation of the source of the

predicted equation, to permit verification

that the test was performed adequately, and

that, if necessary, corrections for anemia and/

or carboxyhemoglobin were made

appropriately.

* * * * *

3.11 Lung transplant. Consider under a

disability for 12 months following surgery;

thereafter, evaluate the residual impairment.

4.00 Cardiovascular System

* * * * *

C. * * *

3. * * * In selected cases, these tests may

be purchased after a medical history and

physical examination, report of chest x-rays

or other appropriate medically acceptable

imaging, ECGs, and other appropriate tests

have been evaluated, preferably by a program

physician with experience in the care of

patients with cardiovascular disease. * * *

5.03 Stricture, stenosis, or obstruction of

the esophagus (demonstrated by X-ray,

endoscopy, or other appropriate medically

acceptable imaging) with weight loss as

described under listing 5.08.

5.04 Peptic ulcer disease (demonstrated

by X-ray, endoscopy, or other appropriate

medically acceptable imaging). With:

* * * * *

C. Recurrent obstruction demonstrated by

X-ray, endoscopy, or other appropriate

medically acceptable imaging; or,

* * * * *

5.05 Chronic liver disease (e.g., portal,

postnecrotic, or biliary cirrhosis; chronic

active hepatitis; Wilson’s disease). ***

A. Esophageal varices (demonstrated by Xray, endoscopy, or other appropriate

medically acceptable imaging) with a

documented history of massive hemorrhage

attributable to these varices. * * *

* * * * *

5.09 Liver transplant. Consider under a

disability for 12 months following surgery;

thereafter, evaluate the residual impairment.

* * * * *

6.02

* * * * *

C. * * *

1. Renal osteodystrophy manifested by

severe bone pain and abnormalities shown by

Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules 6935

appropriate radiographic or other medically

acceptable imaging (e.g., osteitis fibrosa,

marked osteoporosis, pathologic fractures); or

* * * * *

7.00 Hemic and Lymphatic System

* * * * *

E. Acute leukemia or T-cell lymphoblastic

lymphoma. Initial diagnosis of acute

leukemia or T-cell lymphoblastic lymphoma

must be based upon definitive bone marrow

pathologic evidence. * * *

* * * * *

7.11 Acute leukemia or T-cell

lymphoblastic lymphoma.

* * * * *

7.16 Myeloma (confirmed by appropriate

serum or urine protein electrophoresis and

bone marrow findings). With:

A. Radiologic or other appropriate

medically acceptable imaging evidence of

bony involvement with intractable bone pain;

or

* * * * *

7.17 Aplastic anemias or hematologic

malignancies (excluding acute leukemia):

With bone marrow or stem cell

transplantation. * * *

* * * * *

9.03 Hyperparathyroidism. With:

A. Generalized decalcification of bone on

X-ray or other appropriate medically

acceptable imaging study and elevation of

plasma calcium to 11 mg. per deciliter (100

ml.) or greater; or

* * * * *

11.00 Neurological

A. Epilepsy. In epilepsy, regardless of

etiology degree of impairment will be

determined according to type, frequency,

duration, and sequelae of seizures. * * *

* * * * *

11.02 Epilepsy-convulsive epilepsy,

(grand mal or psychomotor), documented by

detailed description of a typical seizure

pattern, including all associated phenomena;

occurring more frequently than once weekly

in spite of at least 3 months of prescribed

treatment.

* * * * *

11.03 Epilepsy-nonconvulsive epilepsy

(petit mal, psychomotor, or focal),

documented by detailed description of a

typical seizure pattern, including all

associated phenomena; occurring more

frequently than once weekly in spite of at

least 3 months of prescribed treatment.

* * * * *

12.05 Mental Retardation and Autism:

Mental retardation refers to a significantly

subaverage general intellectual functioning

with deficits in adaptive behavior initially

manifested during the developmental period

(before age 22). ***

* * * * *

13.08 Thyroid gland:

A. Carcinoma with metastases beyond the

regional lymph nodes, not controlled by

prescribed therapy; or

B. Anaplastic carcinoma of the thyroid.

* * * * *

14.08 Human immunodeficiency virus

(HIV) infection.

* * * * *

M. * * *

6. Sinusitis documented by radiography or

other appropriate medically acceptable

imaging.

* * * * *

100.00 Growth Impairment

* * * * *

B. Bone age determinations should include

a full descriptive report of roentgenograms or

other medically acceptable imaging

specifically obtained to determine bone age

and must cite the standardization method

used. Where roentgenograms or other

appropriate medically acceptable imaging

must be obtained currently as a basis for

adjudication under 100.03, views or scans of

the left hand and wrist should be ordered. In

addition, roentgenograms or other

appropriate medically acceptable imaging of

the knee and ankle should be obtained when

cessation of growth is being evaluated in an

older child at, or past, puberty.

* * * * *

101.00 Musculoskeletal System

* * * * *

B. * * *

Medically acceptable imaging includes, but

is not limited to, X-ray imaging,

computerized axial tomography (CAT scan),

magnetic resonance imaging (MRI), with or

without contrast material, and radionuclear

bone scans. While any appropriate medically

acceptable imaging is useful in establishing

the diagnosis of musculoskeletal

impairments, many tests, such as CAT scans

and MRIs are quite expensive and some, such

as myelograms, are invasive and may involve

significant risk. If the results of these tests are

available from the claimant or other sources

at no or minimal cost to the agency, they will

be considered in the evaluation of the claim.

However, expensive tests and tests that may

involve significant risk to the claimant, such

as myelograms, will not be ordered.

* * * * *

101.02 Juvenile rheumatoid arthritis.

* * * * *

A. * * *

3. Radiographic or other appropriate

medically acceptable imaging evidence

showing joint narrowing, erosion, or

subluxation; or

* * * * *

101.08 Osteomyelitis or septic arthritis

(established by X-ray or other appropriate

medically acceptable imaging):

A. Located in the pelvis, vertebra, femur,

tibia, or a major joint of an upper or lower

extremity, with persistent activity or

occurrence of at least two episodes of acute

activity within a 5-month period prior to

adjudication, manifested by local

inflammatory and systemic signs and

laboratory findings (e.g., heat, redness,

swelling, leucocytosis, or increased

sedimentation rate) and expected to last at

least 12 months despite prescribed therapy;

or

B. Multiple localizations and systemic

manifestations as in A. above.

* * * * *

103.00 Respiratory System

* * * * *

B. * * *

* * * * *

* * * If the spirogram was generated by

any means other than direct pen linkage to

a mechanical displacement-type spirometer,

the testing device must have had a recorded

calibration performed previously on the day

of the spirometric measurement.

* * * * *

103.04 Cystic fibrosis.

* * * * *

B. * * *

3. Radiographic or other appropriate

medically acceptable imaging evidence of

extensive disease, such as thickening of the

proximal bronchial airways or persistence of

bilateral peribronchial infiltrates; or

* * * * *

103.05 Lung transplant. Consider under a

disability for 12 months following surgery;

thereafter, evaluate the residual impairment.

* * * * *

104.00 Cardiovascular System

* * * * *

E. * * *

Findings of cardiomegaly shown by chest

x-ray or other appropriate medically

acceptable imaging evidence must be

accompanied by other evidence of chronic

heart failure or ventricular dysfunction.

***

* * * * *

105.00 Digestive System

* * * * *

B. Documentation of gastrointestinal

impairments should include pertinent

operative findings, radiographic or other

appropriate medically acceptable imaging

studies, endoscopy, and biopsy reports.

***

* * * * *

105.05 Chronic liver disease. ***

A. Inoperable billiary atresia demonstrated

by X-ray or other appropriate medically

acceptable imaging or surgery; or

* * * * *

C. Esophageal varices (demonstrated by Xrays, endoscopy, or other appropriate

medically acceptable imaging); or

* * * * *

105.09 Liver transplant. Consider under a

disability for 12 months following surgery;

thereafter, evaluate the residual impairment.

* * * * *

107.00 Hemic and Lymphatic System

* * * * *

C. Acute leukemia or T-cell lymphoblastic

lymphoma. Initial diagnosis of acute

leukemia or T-cell lymphoblastic lymphoma

must be based upon definitive bone marrow

pathologic evidence. * * *

* * * * *

107.11 Acute leukemia or T-cell

lymphoblastic lymphoma. ***

* * * * *

6936 Federal Register / Vol. 65, No. 29 / Friday, February 11, 2000 / Proposed Rules

111.00 Neurological

A. Convulsive epilepsy must be

substantiated by at least one detailed

description of a typical seizure. Report of

recent documentation should include a

neurological examination with frequency of

episodes and any associated phenomena

substantiated.

Young children may have convulsions in

association with febrile illnesses. Proper use

of 111.02 and 111.03 requires that epilepsy

be established. Although this does not

exclude consideration of seizures occurring

during febrile illnesses, it does require

documentation of seizures during nonfebrile

periods.

There is an expected delay in control of

epilepsy when treatment is started,

particularly when changes in the treatment

regimen are necessary. Therefore, an

epileptic disorder should not be considered

to meet the requirements of 111.02 or 111.03

unless it is shown that convulsive episodes

have persisted more than three months after

prescribed therapy began.

B. Nonconvulsive epilepsy. ***

* * * * *

111.02 Major motor seizure disorder.

A. Convulsive epilepsy. In a child with an

established diagnosis of epilepsy, the

occurrence of more than one major motor

seizure per month despite at least three

months of prescribed treatment. * * *

* * * * *

B. Convulsive epilepsy syndrome. In a

child with an established diagnosis of

epilepsy, the occurrence of at least one major

motor seizure in the year prior to application

despite at least three months of prescribed

treatment. * * *

* * * * *

3. Significant mental disorder; or

* * * * *

111.03 Nonconvulsive epilepsy. ***

* * * * *

113.00 Neoplastic Diseases, Malignant

* * * * *

B. Documentation. * * * If an operative

procedure has been performed, the evidence

should include a copy of the operative note

and the report of the gross and microscopic

examination of the surgical specimen, along

with all pertinent laboratory and X-ray

reports or reports from other appropriate

medically acceptable imaging.* * *

* * * * *

114.08 Human immunodeficiency virus

(HIV) infection.

* * * * *

N. * * *

6. Sinusitis documented by radiography or

other appropriate medically acceptable

imaging.

* * * * *

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

Subpart I—[Amended]

3. The authority citation for subpart I

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1611, 1614,

1619, 1631(a), (c) and (d)(1), and 1633 of the

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

1382, 1382c, 1382h, 1383(a), (c), and (d)(1),

and 1383b); secs. 4(c) and 5, 6(c)–(e), 14(a)

and 15, Pub. L. 98–460, 98 Stat. 1794, 1801,

1802, and 1808 (42 U.S.C. 421 note, 423 note,

1382h note).

§ 416.926 [Amended]

4. Section 416.926a is amended by

removing paragraphs (d) (8) and (9), and

redesignating paragraph (d) (10), (11),

and (12) as paragraphs (d) (8), (9), and

(10).

[FR Doc. 00–2867 Filed 2–10–00; 8:45 am]

BILLING CODE 4191–02–P

DEPARTMENT OF EDUCATION

34 CFR Part 611

Teacher Quality Enhancement Grants

Program

AGENCY: Office of Postsecondary

Education, Department of Education.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Assistant Secretary for

Postsecondary Education proposes

regulations for the three grant programs

included in the Teacher Quality

Enhancement Grant Programs, sections

202–204 of the Higher Education Act of

1965 (HEA), as amended. These

proposed regulations contain selection

criteria that would be used to select

applicants for awards under the State

Program, Partnership Program, and

Teacher Recruitment Program. These

proposed regulations also contain

certain other requirements that would

apply to the programs.

DATES: We must receive your comments

on or before March 13, 2000.

ADDRESSES: All comments concerning

these proposed regulations should be

addressed to: Dr. Louis Venuto, Higher

Education Programs, Office of

Postsecondary Education, Office of

Policy, Planning, and Innovation, 1990

K Street, NW, Washington, DC 20006–

8525: Telephone: 202–502–7763.

Comments also may be sent by e-mail

to: LouislVenuto@ed.gov or by FAX to;

(202) 502–7699. If you prefer to send

your comments through the Internet use

the following address:

comments@ed.gov. You must include

the term ‘‘Teacher Quality’’ in the

subject line of your electronic message.

FOR FURTHER INFORMATION CONTACT: Dr.

Louis Venuto, Higher Education

Programs, Office of Postsecondary

Education, Office of Policy, Planning,

and Innovation, 1990 K Street, NW,

Washington, DC 20006–8525:

Telephone: (202) 502–7763. Inquiries

also may be sent by e-mail to:

LouislVenuto@ed.gov or by FAX to:

(202) 260–9272. If you use a

telecommunications device for the deaf

(TDD), you may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339.

Individuals with disabilities may

obtain this document in an alternate

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to the contact person listed in

the preceding paragraph.

SUPPLEMENTARY INFORMATION:

Invitation to Comment

We invite you to submit comments

regarding these proposed regulations.

We invite you to assist us in

complying with the specific

requirements of Executive Order 12866

and its overall requirement of reducing

regulatory burden that might result from

these proposed regulations. Please let us

know of any further opportunities we

should take to reduce potential costs or

increase potential benefits while

preserving the effective and efficient

administration of the program.

During and after the comment period,

you may inspect all public comments

about these proposed regulations in the

Department of Education, Teacher

Quality Program Office, 1990 K Street

NW, 6th floor, Washington, DC.

Comments are available for inspection

between the hours of 8:30 a.m. and 4:00

p.m., Eastern time, Monday through

Friday of each week except Federal

holidays.

In order to ensure sufficient time to

prepare and review grant applications

submitted for FY 2000, the Department

will need to publish final regulations for

these programs as soon as possible after

the expiration of the public comment

period. For this reason, while you have

30 days to submit public comment, we

urge you to submit comments to us on

or before February 25, 2000. In addition,

we also urge those who wish to

comment on the information collection

requirements contained in the program

application packages to send written

comment on or before February 25,

2000. See the discussion in the section

entitled ‘‘Paperwork Reduction Act of

1995’’ and the addressee identified in

that section to whom comments should

be sent.

Assistance to Individuals With

Disabilities in Reviewing the

Rulemaking Record

On request, we will supply an

appropriate aid, such as a reader or

print magnifier, to an individual with a

disability who needs assistance to