30410 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 /Rules and Regulations

be certified as a ‘‘lead CDQ observer’’,

an observer must meet the following

requirements.

(1) A ‘‘lead CDQ observer’’ on a

catcher/processor using trawl gear or a

mothership must have completed two

observer cruises (contracts) and sampled

at least 100 hauls on a catcher/processor

using trawl gear or a mothership.

(2) A ‘‘lead CDQ observer’’ on a

catcher vessel using trawl gear must

have completed two observer cruises

(contracts) and sampled at least 50 hauls

on a catcher vessel using trawl gear.

(3) A ‘‘lead CDQ observer’’ on a vessel

using nontrawl gear must have

completed two observer cruises

(contracts) of at least 10 days each and

sampled at least 60 sets on a vessel

using nontrawl gear.

(4) A ‘‘lead CDQ observer’’ in a

shoreside processing plant must have

observed at least 30 days in a shoreside

processing plant.

* * * * *

[FR Doc. 98–14596 Filed 6–3–98; 8:45 am]

BILLING CODE 3510–22–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]

RIN 0960–AE83

Federal Old-Age, Survivors and

Disability Insurance; Determining

Disability and Blindness; Extension of

Expiration Dates for Several Body

System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

SUMMARY: The Social Security

Administration (SSA) adjudicates

claims at the third step of its sequential

process for evaluating disability using

the Listing of Impairments (the listings)

under the Social Security and

supplemental security income (SSI)

programs. This rule extends the dates on

which several 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. These extensions will

ensure that we continue to have medical

evaluation criteria in the listings to

adjudicate claims for disability based on

impairments in these body systems at

step three of our sequential evaluation

process.

EFFECTIVE DATE: This regulation is

effective June 4, 1998.

FOR FURTHER INFORMATION CONTACT:

Acting Regulations Officer, Social

Security Administration, 6401 Security

Boulevard, Baltimore, MD 21235, (410)

965–3632. For information on eligibility

or filing for benefits, call our national

toll-free number, 1–800–772–1213.

SUPPLEMENTARY INFORMATION: We use

the listings in appendix 1 (Listing of

Impairments) to subpart P of part 404 at

the third step of the sequential

evaluation process to evaluate claims

filed by adults and individuals under

age 18 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 impairments of

adults. We use the criteria in part B first

to evaluate impairments of individuals

under age 18. If those criteria do not

apply, then the medical criteria in part

A will be used.

When we published revised listings in

1985 and subsequently, we indicated

that medical advances in disability

evaluation and treatment and program

experience would require that the

listings be periodically reviewed and

updated. Accordingly, we established

dates ranging from 3 to 8 years on which

the various body system listings would

no longer be effective unless extended

by the Secretary of Health and Human

Services or revised and promulgated

again. Effective March 31, 1995, the

authority to issue regulations was

transferred to the Commissioner of

Social Security by section 102 of Public

Law 103–296, the Social Security

Independence and Program

Improvements Act of 1994.

In this final rule, we are extending the

dates on which several body system

listings will no longer be effective to

July 1, 1999. These body system listings

are: Growth Impairment (100.00),

Special Senses and Speech (2.00 and

102.00), Multiple Body Systems

(110.00), Neurological (11.00 and

111.00), and Immune System (14.00 and

114.00).

We last published final rules setting

forth the current expiration date for the

Multiple Body Systems and the Immune

System on July 2, 1993 (58 FR 36008).

We last extended the dates on which the

other body system listings would no

longer be effective in final rules

published as follows:

December 6, 1993 (58 FR 64121):

Special Senses and Speech and

Neurological.

December 6, 1996 (61 FR 64615):

Growth Impairment.

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 also meets or

is medically equivalent in severity to an

impairment in the listings or

functionally equivalent to the listings in

SSI claims based on disability filed by

individuals under age 18, we will find

that the individual is disabled at the

third step of the sequential evaluation

process. Nevertheless, we have decided

to review, over the next 12 months, the

need to revise these listings and have,

therefore, decided to extend the dates

on which each of these listings will no

longer be effective to July 1, 1999.

Regulatory Procedures

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

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

as amended by section 102 of Public

Law 103–296, SSA follows the

Administrative Procedure Act (APA)

rulemaking procedures specified in 5

U.S.C. 553 in the development of its

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 in this case. Good

cause exists because this regulation only

extends the date on which these 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, 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 for by 5 U.S.C. 553(d). As

explained above, we are not making any

substantive changes in these body

system listings. However, without an

extension of the expiration dates for

these listings, we will lack regulatory

guidelines for assessing impairments in

these body systems at the third step of

the sequential evaluation processes after

the current expiration dates of the

listings. In order to ensure that we

continue to have regulatory criteria for

assessing impairments under these

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 rule does not meet
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 /Rules and Regulations 30411

the criteria for a significant regulatory

action under Executive Order 12866.

Thus, it was not subject to OMB review.

Regulatory Flexibility Act

We certify that this 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 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: May 27, 1998.

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 items 1, 3, 11,

12, and 15 of the introductory text

before Part A to read as follows:

Appendix 1 to Subpart P—Listing of

Impairments

* * * * *

1. Growth Impairment (100.00): July 1,

1999.

* * * * *

3. Special Senses and Speech (2.00 and

102.00): July 1, 1999.

* * * * *

11. Multiple Body Systems (110.00): July 1,

1999.

12. Neurological (11.00 and 111.00): July 1,

1999.

* * * * *

15. Immune System (14.00 and 114.00):

July 1, 1999.

* * * * *

[FR Doc. 98–14599 Filed 6–3–98; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 107, 171, 172, 173, 174,

175, 176, 177

[Notice No. 98–6]

Hazardous Materials: Formal

Interpretation of Regulations

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Formal interpretation of

regulations.

SUMMARY: This document publishes a

formal interpretation of the Hazardous

Materials Regulations (HMR) concerning

the responsibilities of a carrier when

accepting hazardous materials for

transportation in commerce. This

interpretation is being published in

order to facilitate better public

understanding and awareness of the

HMR.

EFFECTIVE DATE: June 4, 1998.

FOR FURTHER INFORMATION CONTACT:

Frazer C. Hilder, Office of the Chief

Counsel, Research and Special Programs

Administration, U.S. Department of

Transportation, 400 Seventh Street, SW,

Washington, DC 20590–00001;

telephone 202–366–4400.

SUPPLEMENTARY INFORMATION: As part of

its implementation of the Federal

hazardous material transportation law,

49 U.S.C. 5101 et seq., RSPA issues the

Hazardous Materials Regulations

(HMR), 49 CFR parts 171–180. From

time to time, RSPA’s Chief Counsel

issues formal interpretations of the

HMR. These interpretations generally

involve multimodal issues and are

coordinated with the other DOT

agencies which, together with RSPA,

enforce the HMR: Federal Aviation

Administration, Federal Highway

Administration, Federal Railroad

Administration, and United States Coast

Guard. This document publishes a Chief

Counsel’s interpretation concerning the

responsibilities of a carrier when

accepting hazardous materials for

transportation in commerce. This

interpretation addresses issues raised in

a letter by Mr. E.A. Altemos, of HMT

Associates, and is consistent with an

August 19, 1997 written response to Mr.

Altemos by RSPA’s Associate

Administrator for Hazardous Materials

Safety.

In addition to these infrequent formal

interpretations by RSPA’s Chief

Counsel, RSPA’s Office of Hazardous

Materials Standards provides

information and informal clarifications

of the HMR on an ongoing basis,

through (1) a telephonic information

center (1–800–467–4922) to answer oral

questions and (2) informal written

interpretations or clarifications in

response to written inquiries. RSPA’s

formal interpretations and informal

letter clarifications (and additional

information concerning the HMR) are

also available through the Hazmat

Safety Homepage at ‘‘http://

hazmat.dot.gov.’’ In addition, some of

RSPA’s interpretations and

clarifications may be reproduced or

summarized in selected trade

publications.

Further information concerning the

availability of informal guidance and

interpretations of the HMR is set forth

in 49 CFR 107.14. RSPA believes that

publication of its interpretations should

promote a better understanding of the

HMR and improve compliance with the

HMR.

Issued in Washington, DC, on May 28,

1998.

Judith S. Kaleta,

Chief Counsel.

[Int. No. 98–1]

Background

Mr. E.A. Altemos, HMT Associates,

requested clarification of requirements in the

HMR concerning an air carrier’s acceptance

of packages containing hazardous materials.

This inquiry concerned only the carrier’s

responsibilities relating to hazardous

materials offered by another person, and not

a carrier’s transportation of its own materials

or products. (For information on an air

carrier’s transportation of its own company

materials, or ‘‘COMAT,’’ see ‘‘COMAT

FACTS’’ in RSPA’s January 1998 Safety

Alert, available on the Hazmat Safety

Homepage.)

Although Mr. Altemos’s question was

posed in the context of air transportation, the

HMR requirements discussed in RSPA’s

interpretation apply to carriers by all modes

of transportation.

Interpretation

Basic requirements in the HMR set forth in

49 CFR 171.2(a) and (b), and applicable to

carriers in all modes of transportation, are

that no person may

accept a hazardous material for

transportation in commerce unless * * * the

hazardous material is properly classed,

described, packaged, marked, labeled, and in

condition for shipment as required or