Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Notices 20551

1 In cases in which the claimant’s capacity to

understand the administrative appeal process is

questionable, Social Security Ruling 91–5p and for

Fourth Circuit residents, Acquiescence Ruling 90–

4(4) should be applied prior to consideration under

this Ruling.

‘‘A new application is not the same as

an appeal of this determination.’’

However, the fact that a notice

contained this additional statement is a

factor to be considered along with all of

the pertinent facts in each case in

determining whether good cause for

failure to file a timely request for

administrative review exists. The

presence of this additional statement

will make it more difficult for a

claimant to show that he or she did not

make a timely request for administrative

review as a result of the notice. In

making the good cause determination

when the notice contained this

additional statement, the adjudicator

may consider whether the claimant

should reasonably have been expected

to make additional inquiries, whether

such inquiries were made, and the

results thereof.

B. Proof of Receipt of a Notice Covered

by This Ruling

Absent evidence to the contrary, SSA

will presume that any notice of an

initial or reconsideration determination

denying a claim for title II disability

benefits is covered by this Ruling if it

was dated after August 31, 1977, and

prior to March 1, 1990.

In all other situations (e.g., notices in

title II nondisability claims, title XVI

disability notices and any notice dated

prior to September 1, 1977, or after

February 28, 1990), the claimant must

furnish a copy of the notice covered by

this Ruling, or SSA’s records must show

that a notice covered by this Ruling was

issued to the claimant.

C. Failure To Request Administrative

Review as a Result of a Notice Covered

by this Ruling

Under this Ruling, the Agency will

find that a claimant has demonstrated

that the failure to file a timely request

for administrative review was the result

of a notice covered by this Ruling if he

or she provides an acceptable

explanation, based on all the pertinent

facts in a particular case, linking his or

her failure to file a timely request for

administrative review to the absence in

the notice of a statement that filing a

new application instead of a request for

administrative review could result in

the loss of benefits.

In making this determination, factors

which an adjudicator may consider

include, but are not limited to, the

following:

—The claimant’s explanation of what he

or she thought the notice meant and

how that understanding influenced

his or her actions;

—The claimant’s mental condition; 1

—The claimant’s educational level;

—The claimant’s ability to speak and

understand the English language;

—How much time elapsed before the

claimant filed a subsequent claim or

sought administrative review of the

prior determination; and

—Whether the claimant was represented

by a non-attorney. Normally,

representation by an attorney at the

time of receipt of the notice bars a

claimant from relief under this

Ruling.

D. Good Cause Found

If the adjudicator determines that

good cause exists, he or she will extend

the time for requesting administrative

review and take the action which would

have been appropriate had the claimant

filed a timely request for administrative

review. A finding of good cause will

result either in a new determination or

decision that is subject to further

administrative or judicial review of the

claim, or a dismissal (for a reason other

than late filing) of the request for

review, as appropriate.

E. Good Cause Not Found

If the adjudicator determines that

good cause does not exist, he or she will

deny the request to extend the time for

filing and dismiss the request. The

dismissal will state the adjudicator’s

rationale for not finding good cause and

advise the claimant that he or she can

file a new application.

FOR FURTHER INFORMATION CONTACT: This

Ruling does not supersede or modify

any instructions issued in connection

with Acquiescence Ruling (AR) 92–7(9).

Claimants in the Ninth Circuit are

eligible for relief under the conditions

set forth in this Ruling and/or under the

AR as applicable. SSA will not apply

this Ruling where the administrative

determination at issue has been

reopened previously or where a

decision finding good cause to extend

the time for review of that

determination has been made

previously under SSA policies and

procedures or under court order.

EFFECTIVE DATE: This Ruling is effective

April 26, 1995.

CROSS-REFERENCES: Program Operations

Manual System, Part 2, Chapter 031,

Subchapters 01 and 09; Part 4, Chapter

275, Subchapter 16; Acquiescence

Ruling 92–7(9); Social Security Ruling

91–5p.

[FR Doc. 95–10208 Filed 4–25–95; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

[CGD13–95–015]

Notice of National Environmental

Policy Act Activity

AGENCY: Coast Guard, DOT.

ACTION: Notice; Intent to prepare

environmental assessment of Seattle

Seafair Unlimited Hydroplane Races

and Airshow, Lake Washington, Seattle,

WA.

SUMMARY: The Coast Guard is preparing

an Environmental Assessment (EA) to

consider the environmental effects of

granting a marine event permit to

Seafair, Inc. for the Seattle Seafair

Unlimited Hydroplane Races and

Airshow. The Coast Guard is seeking

public comment in order to assist in

determining the relevant issues,

possible environmental effects, and

proper scope of this EA. This notice

provides information about the event

and explains how members of the

public can submit their comments to the

Coast Guard.

DATES: Persons wishing to submit

written comments regarding the scope

of the EA, including alternatives and

environmental effects to be addressed,

should do so on or before May 26, 1995.

ADDRESSES: Comments may be mailed to

U.S. Coast Guard Group Seattle, 1519

Alaskan Way So., Seattle, WA 98134.

The comments and other materials

referenced in this notice will be

available for inspection and copying at

the above address in Building One,

Room 130, Operations Division. Normal

office hours are between 7 a.m. and 4

p.m. Monday through Friday, except

federal holidays. Comments may also be

hand-delivered to this address.

FOR FURTHER INFORMATION CONTACT:

LTJG Ben White, U.S. Coast Guard

Group Seattle, (206) 217–6138.

SUPPLEMENTARY INFORMATION:

Proposed Action

The Seattle Seafair Unlimited

Hydroplane Race and Airshow is

scheduled to be held on August 4, 5,

and 6, 1995. Pursuant to the

requirements of 33 CFR part 100, the

sponsor of the event, Seafair, Inc., has

applied for a Marine Event Permit from

the U.S. Coast Guard. In accordance
20552 Federal Register / Vol. 60, No. 80 / Wednesday, April 26, 1995 / Notices

with the National Environmental Policy

Act (NEPA) and Commandant

Instruction M16475.1B, the U.S. Coast

Guard must conduct an Environmental

Assessment (EA) before a Marine Event

Permit can be issued. An EA is a brief

report that provides sufficient evidence

and analysis of the potential

environmental effects of a proposed

action and its alternatives. An EA is the

document used for determining whether

to prepare an Environmental Impact

Statement (EIS) or a Finding of No

Significant Impact (FONSI).

Background and Discussion

The Seattle Seafair Unlimited

Hydroplane Race and Airshow is an

annual event held on the waters of Lake

Washington in an area west of Mercer

Island, south of the I–90 floating bridge,

and north of Bailey Peninsula.

Waterborne activities during the event

will include two days of hydroplane

time-trials and one day (Sunday, August

6, 1995) of hydroplane races. A log

boom will separate the race course and

the boaters’ viewing area. Spectator craft

will congregate in the area east of the

log boom and will be present, in

increasing numbers, on all three days.

The number of spectator boats on

Sunday, August 6, 1995, is estimated to

be between 1700 and 2000.

On the shores of Jefferson Park along

the west side of the race course,

vendors, spectators, race officials, and

boat crews will conduct shoreside

activities. First aid stations will also be

set up close to the pit area and on

Mercer Island. Increased traffic, both

vehicular and pedestrian, is expected

during the event. This may result in

temporary road closures in residential

areas to keep traffic on arterial streets.

During the three day event, airshows

will periodically be performed over

Lake Washington. All flight

demonstrations will be done over the

hydroplane race track in a designated

‘‘airbox.’’ Acrobatic maneuvers and

aerial stunts will be confined to the

airbox and will be performed only when

the area below the airbox is clear of

waterborne craft. In addition to the

marine event permit issued by the Coast

Guard, the sponsors of this event must

obtain a separate permit from the

Federal Aviation Administration for the

airshow.

Drafting Information

The principal persons involved in

drafting this notice are LTJG Ben White,

U.S. Coast Guard Group Seattle, WA,

Project Officer, and LCDR John C. Odell,

Project Attorney, Thirteenth Coast

Guard District Legal Office, Seattle, WA.

Request for Comments

In accordance with the National

Environmental Policy Act and the Coast

Guard’s policy encouraging all

interested and effected parties to

participate in the early consultation

process, the Coast Guard requests

scoping comments from the public. The

Coast Guard is interested in receiving

comments about possible environmental

effects, alternative proposals, and other

relevant issues related to the scope of its

Environmental Assessment of this

marine event.

Persons submitting comments should

include their names and addresses,

identify this notice (CGD13–95–015)

and the specific section of this notice to

which each comment applies, and give

the reason for each comment. Please

submit two copies of all comments and

attachments in an unbound format, no

larger than 81⁄2 by 11 inches, suitable for

copying and filing. Persons wanting

acknowledgment of receipt of their

comments should enclose stamped, selfaddressed postcards or envelopes.

Dated: April 18, 1995.

G.O. Kinney,

Commander, U.S. Coast Guard, Commander,

Coast Guard Group Seattle.

[FR Doc. 95–10235 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–14–M

[GGD 95–036]

National Boating Safety Advisory

Council Meeting

AGENCY: Coast Guard, DOT.

ACTION: Notice of meeting.

SUMMARY: The National Boating Safety

Advisory Council (NBSAC) will meet to

discuss various issues related to

recreational boating safety. Agenda

items include: Boating education, boat

occupant protection, multiple use

waterways, inflatable personal flotation

devices, nighttime boating, search and

rescue, and Recreational Boating Safety

Program direction. The meeting will be

open to the public.

DATES: The meeting will be held on May

22 and 23, 1995, from 8:30 a.m. to 5

p.m. daily. Written material should be

submitted not later than May 10, 1995.

ADDRESSES: The meeting will be held at

the Amway Grand Plaza Hotel, 187

Monroe, NW, Grand Rapids, Michigan

49503. Written material should be

submitted to Mr. Albert J. Marmo,

Executive Director, Commandant (G–

NAB), U.S. Coast Guard, 2100 Second

Street SW, Washington, DC 20593–0001,

telephone (202) 267–1077.

SUPPLEMENTARY INFORMATION: Notice of

this meeting is given pursuant to the

Federal Advisory Committee Act, 5

U.S.C. App. 2, Section 1 et seq. The

agenda will include discussion of the

following topics:

1. Review of action taken at the 54th

meeting of the Council.

2. Executive Director’s Report.

3. Boat Occupant Protection

Subcommittee Report.

4. Multiple Use Waterways

Subcommittee Report.

5. Mandatory Education

Subcommittee Report.

6. Report on Boating Safety Education

in California.

7. Report on the Oil Pollution Act of

1990 Subcommittee.

8. Report on Recreational Boating

Safety Program Direction.

9. Presentation on Inflatable Personal

Flotation Device Rulemaking.

10. Report on Nighttime Boating

Study.

11. Report on the Search and Rescue

Program.

12. Presentation on Streamlining and

Other Issues.

13. Chairman’s Session.

Attendance is open to the interested

public. With advance notice, members

of the public may present oral

statements at the meeting. Persons

wishing to present oral statements

should so notify the Executive Director

listed above under ADDRESSES, no later

than the day before the meeting. Written

material may be submitted at any time

for presentation to the Council.

However, to ensure advance distribution

to each Council member, persons

submitting written material are asked to

provide 25 copies to the Executive

Director no later than May 10, 1995.

Dated: April 19, 1995.

G. A. Pennington,

Chief, Office of Navigation Safety and

Waterway Services.

[FR Doc. 95–10236 Filed 4–25–95; 8:45 am]

BILLING CODE 4910–14–M

[GGD95–035]

National Boating Safety Advisory

Council Subcommittee Meetings

AGENCY: Coast Guard, DOT.

ACTION: Notice of meetings.

SUMMARY: The National Boating Safety

Advisory Council’s Subcommittees on

Boat Occupant Protection, Mandatory

Education, and Multiple Use Waterways

will meet to discuss various issues

related to these topics. The meetings

will be open to the public.

DATES: The meetings will be held on

May 20 and 21, 1995, from 1:00 p.m. to

5 p.m. on May 20, and from 8:30 a.m.