Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 92995 

1 In making a finding of a claimant’s RFC or other 

finding that is required at a step in the sequential 

evaluation process for adjudicating disability, an 

ALJ or the AC may have made certain subsidiary 

findings, such as an assessment of the claimant’s 

symptoms. A subsidiary finding does not constitute 

a finding that is required at a step in the sequential 

evaluation process for adjudicating disability, as 

provided under 20 CFR 404.1520, 416.920, or 

416.924. 

2For example, an adjudicator might consider 

such factors as: (1) whether the fact on which the 

prior finding was based is subject to change with 

the passage of time, such as a fact relating to the 

severity of the claimant’s medical condition; (2) the 

likelihood of such a change, considering the 

amount of time between the period adjudicated in 

the prior claim and the unadjudicated period in the 

subsequent claim; and (3) the extent to which 

evidence that was not considered in the final 

decision on the prior claim provides a basis for 

making a different finding for the unadjudicated 

period in the subsequent claim. These are only 

examples and not intended to create specific 

requirements as part of the sequential evaluation. 

SSA interprets Earley to require that, 

where a final decision after a hearing on 

a prior disability claim contains a 

finding of a claimant’s RFC or other 

finding required under the applicable 

sequential evaluation process for 

determining disability, SSA must 

consider such finding(s) as evidence 

when adjudicating a subsequent 

disability claim, arising under the same 

or a different title of the Act, involving 

an unadjudicated period. 

Explanation of How We Will Apply The 

Earley Decision Within The Circuit 

This Ruling applies only to disability 

findings in cases involving claimants 

who reside in Kentucky, Michigan, 

Ohio, or Tennessee at the time of the 

determination or decision on the 

subsequent claim at the initial, 

reconsideration, ALJ hearing, or AC 

level. Additionally, it applies only to a 

finding of a claimant’s RFC or other 

finding that is required at a step in the 

sequential evaluation process for 

adjudicating disability (provided under 

20 CFR 404.1520, 416.920, or 416.924, 

as appropriate), made in a final decision 

(favorable or unfavorable) by an ALJ or 

the AC on a prior disability claim.1

When a claimant seeks disability 

benefits for a new period in a 

subsequent claim, that subsequent claim 

is entitled to review following the 

applicable sequential evaluation 

process. However, such review does not 

exist in a vacuum. When adjudicating a 

subsequent claim (arising under the 

same or a different title of the Act as the 

prior claim), an adjudicator deciding 

whether a claimant is disabled during a 

previously unadjudicated period must 

consider findings from the decision on 

the prior claim. As the Court recognized 

in Earley, things change with the 

passage of time, such as age and 

physical condition. As a result, each 

claim covering a different period should 

be reviewed as a new claim. However, 

when a finding of a claimant’s RFC or 

other finding required under the 

sequential evaluation process for 

determining disability differs from that 

in the prior decision, the adjudicator 

must make clear that they considered 

the prior finding as evidence in light of 

all relevant facts and circumstances.2

Where the prior finding was about a 

fact that is subject to change with the 

passage of time, such as a claimant’s 

RFC or the severity of an impairment(s), 

the likelihood that the fact has changed 

generally increases as the time between 

the previously adjudicated period and 

the subsequent period increases. An 

adjudicator generally should pay 

particular attention to the lapse of time 

between the earlier claim and the later 

claim and the impact of the passage of 

time on the claim. In situations where 

minimal time has passed, and no or very 

little new evidence has been introduced, 

it is more likely that the prior finding 

will remain the same. But the 

adjudicator must consider all relevant 

facts and circumstances on a case-bycase basis. Additionally, a change in the 

law, regulations, or rulings affecting a 

relevant finding or the method for 

arriving at the finding may be a reason 

why the prior finding, considered as 

evidence, is properly departed from in 

the current determination or decision. 

[FR Doc. 2024–27466 Filed 11–22–24; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

[Public Notice: 12594] 

Waiver of Missile Proliferation 

Sanctions 

ACTION: Notice of determination. 

SUMMARY: A determination has been 

made pursuant to the Arms Export 

Control Act and Export Administration 

Act. 

FOR FURTHER INFORMATION CONTACT: Pam 

Durham, Office of Missile, Biological, 

and Chemical Nonproliferation, Bureau 

of International Security and 

Nonproliferation, Department of State 

(202–647–4930). On import ban issues, 

Lauren Sun, Assistant Director for 

Regulatory Affairs, Department of the 

Treasury (202–622–4855). On U.S. 

Government procurement ban issues, 

Eric Moore, Office of the Procurement 

Executive, Department of State (703– 

875–4079), email: isn-mbc-sanctions@

state.gov. 

SUPPLEMENTARY INFORMATION: Consistent 

with section 654(c) of the Foreign 

Assistance Act of 1961, as amended, 

notice is hereby given that the Secretary 

of State has made a determination 

pursuant to section 73 of the Arms 

Export Control Act (22 U.S.C. 2797b) 

and section 11B(b) of the Export 

Administration Act of 1979 (50 U.S.C. 

app. 2410b(b)), as carried out under 

Executive Order 13222 of August 17, 

2001, and has concluded that 

publication of the determination would 

be harmful to the national security of 

the United States. 

Ann K. Ganzer, 

Acting Assistant Secretary, International 

Security and Nonproliferation, Department of 

State. 

[FR Doc. 2024–27492 Filed 11–22–24; 8:45 am] 

BILLING CODE 4710–27–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[Docket No. FHWA–2024–0067] 

Emergency Temporary Closure of 

Eastbound Traffic on the National 

Network for the Lewis and Clark 

Viaduct Bridge in Kansas City, Kansas 

and Kansas City, Missouri 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Notice; request for comments. 

SUMMARY: The Kansas Department of 

Transportation (KDOT) closed for 

repairs the eastbound portion of 

Interstate 70 (I–70) on the Lewis and 

Clark Viaduct Bridge over the Kansas 

River on September 5, 2024. Closure of 

the bridge and detour routes extend 

from Kansas City, Kansas, into Kansas 

City, Missouri. 

The FHWA is providing notice that 

KDOT is continuing the temporary 

closure of the Lewis and Clark Viaduct 

Bridge in the eastbound direction until 

the bridge can be repaired, which is 

estimated to be by the end of December 

2024. The FHWA is requesting 

comments from the public on the 

alternate routes selected by KDOT and 

the Missouri Department of 

Transportation (MoDOT) due to the 

closure. 

DATES: Comments must be received on 

or before December 26, 2024. 

ADDRESSES: To ensure that you do not 

duplicate your docket submissions, 

please submit them by only one of the 

following means: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov and follow the 


khammond on DSK9W7S144PROD with NOTICES
92996 Federal Register / Vol. 89, No. 227 / Monday, November 25, 2024 / Notices 

online instructions for submitting 

comments. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, 1200 

New Jersey Avenue SE, Room W12–140, 

Washington, DC 20590. 

• Hand Delivery or Courier: U.S. 

Department of Transportation, Docket 

Operations, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC, between 

9:00 a.m. and 5:00 p.m. ET, except 

Federal holidays. 

Instructions: You must include the 

agency name and docket number 

[FHWA–2024–0067] at the beginning of 

your comments. All comments received 

will be posted without change to 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Michael Latuszek, Office of Freight 

Management and Operations, FHWA 

Office of Operations, (573) 616–0415, 

michael.latuszek@dot.gov; William 

Winne, Office of the Chief Counsel, 

(202) 366–0791, william.winne@dot.gov, 

Federal Highway Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590; or Richard Backlund, FHWA 

Kansas Division, (785) 273–2626, 

Richard.backlund@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document and all comments 

received may be viewed online through 

the Federal eRulemaking portal at 

www.regulations.gov. The website is 

available 24 hours each day, 365 days 

each year. An electronic copy of this 

document may also be downloaded by 

accessing the Office of the Federal 

Register’s website at 

www.federalregister.gov and the U.S. 

Government Publishing Office’s website 

at www.govinfo.gov. 

Background 

The KDOT closed a portion of I–70 in 

the eastbound direction on the Lewis 

and Clark Viaduct Bridge over the 

Kansas River for repairs on September 5, 

2024. The FHWA is providing notice 

that KDOT is continuing the temporary 

closure until the damaged bridge can be 

repaired. The estimated time for 

completion of the repair is the end of 

calendar year 2024. The FHWA is 

requesting comments from the public on 

the alternate routes selected by KDOT 

and MoDOT due to the closure. 

The FHWA is responsible for 

enforcing the Federal regulations 

applicable to the National Network (NN) 

of highways that can safely and 

efficiently accommodate the large 

vehicles authorized by provisions of the 

Surface Transportation Assistance Act 

of 1982, Public Law 97–424 as 

amended, designated in accordance 

with title 23 of the Code of Federal 

Regulations (CFR) Part 658 (Truck Size 

and Weight, Route Designations— 

Length, Width and Weight Limitations) 

and listed in Appendix A to Part 658. 

Under 23 CFR 658.11 (Additions, 

deletions, exceptions, and restrictions), 

FHWA may approve deletions of, or use 

restrictions on, the Interstate system or 

other NN routes based upon specified 

justification criteria in section 

658.11(d)(2). The FHWA is authorized 

to delete any route from the NN on an 

emergency basis, based on safety 

considerations pursuant to § 658.11(e), 

which also requires publishing this 

Notice in the Federal Register for 

comment. 

As part of a recent bridge inspection, 

KDOT inspectors identified concerns 

with gusset plates on the eastbound 

portion of this I–70 bridge. Gusset plates 

are used to connect truss members of a 

bridge. Gusset plates can be fastened to 

a permanent truss member by bolts, 

rivets, or welding, or a combination of 

the three. Based on the inspection 

findings, KDOT engineers determined 

that repairs were needed and closed the 

eastbound portion of the bridge on 

September 5, 2024, to vehicles and 

pedestrians until the repairs are 

completed. 

The Lewis and Clark Viaduct is a 

series of bridges comprising an 

interchange with I–70, Minnesota 

Avenue, Washington Boulevard, and the 

Fairfax Trafficway in Kansas City, 

Kansas. 

The recommended detours have 

evolved since the closure of the 

eastbound I–70 Lewis and Clark Viaduct 

Bridge and traffic on I–70 is being 

rerouted as follows: 

All eastbound I–70 on-ramps in 

downtown Kansas City, Kansas, are 

closed including Minnesota Avenue/4th 

Street, Washington Boulevard, and the 

Fairfax Trafficway. Eastbound I–70 

traffic is being rerouted to eastbound I– 

670. The signed detour begins on 

eastbound I–70 after the 18th Street 

Expressway (US–69) and before the I– 

70/I–670 split. Drivers continuing on 

eastbound I–70 after the I–670 split can 

access downtown Kansas City, Kansas, 

at 7th Street, Pacific Avenue, Central 

Avenue, 5th Street or James Street/3rd 

Street. Drivers exiting downtown 

Kansas City, Kansas can access 

eastbound I–70 via the 18th Street 

corridor and use the I–670 detour; 

directly access I–670 via the Central 

Avenue connection; or cross the Kansas 

River at James Street to access Kansas 

City, Missouri. 

The I–70 westbound offramp at 

Central Avenue is also closed. The 

decision to close this access point was 

based on discussions between KDOT 

and the Unified Government of 

Wyandotte County and Kansas City, 

Kansas. 

Several area Kansas River crossings 

are currently closed including Central 

Avenue (local), Kansas Avenue/Avenida 

Cesar E. Chavez (local), K–5 (KDOT, 

southbound lanes closed) over the 

Union Pacific Railroad, and the Buck 

O’Neil Bridge (US–169, MoDOT). 

The closure of eastbound I–70 reduces 

access to the Fairfax Industrial District, 

however, there are several detour routes 

that provide alternative ingress/egress 

options for the area, including the 

Fairfax Bridge (US–69), which allows 

freight traffic to access several interstate 

highway corridors. The Fairfax 

Trafficway provides access to 

westbound I–70 and eastbound I–670 

via Central Avenue and Kansas City, 

Missouri, by way of James Street. 

Detour messages are being provided 

on overhead dynamic message boards; 

portable message boards have also been 

strategically deployed throughout the 

area. The status of road closures and 

detours has been further disseminated 

via traveler information systems (i.e. 

KanDrive, KC Scout). 

The KDOT and MoDOT are utilizing 

social media platforms such as 

Facebook (@NEKansasKDOT) and X (@

KansasCityKDOT), along with periodic 

media releases to keep the public 

informed in real-time. 

Authority: 23 U.S.C. 127 and 315; 49 

U.S.C. 31111, 31112, and 31114; 23 CFR 

part 658. 

Kristin R. White, 

Acting Administrator, Federal Highway 

Administration. 

[FR Doc. 2024–27482 Filed 11–22–24; 8:45 am] 

BILLING CODE 4910–22–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Safety Advisory 24–2 Street-Running 

Rail Vehicle Collisions 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Notice of safety advisory. 

SUMMARY: The Federal Transit 

Administration (FTA) has determined 

that street-running rail collisions are a 

risk to public transportation and is 


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