22088 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Notices

6 17 CFR 200.30–3(a)(12).

1AP&L states that, during the past 14 years, 25

of the original steel railcars were destroyed in

derailments leaving 2,225 railcars currently in

service.

Part XII of Schedule D to the NASD ByLaws.

IV. Solicitation of Comments

Interested persons are invited to

submit written data, views, and

arguments concerning the foregoing.

Persons making written submissions

should file six copies thereof with the

Secretary, Securities and Exchange

Commission, 450 Fifth Street, N.W.,

Washington, D.C. 20549. Copies of the

submission, all subsequent

amendments, all written statements

with respect to the proposed rule

change that are filed with the

Commission, and all written

communications relating to the

proposed rule change between the

Commission and any person, other than

those that may be withheld from the

public in accordance with the

provisions of 5 U.S.C. 552, will be

available for inspection and copying in

the Commission’s Public Reference

Room. Copies of such filing will also be

available for inspection and copying at

the principle office of the NASD. All

submissions should refer to the file

number in the caption above and should

be submitted by May 25, 1995.

V. Commission’s Findings and Order

Granting Accelerated Approval

The Commission finds that approval

of the proposed rule change is

consistent with the Act and the rules

and regulations thereunder, and in

particular with the requirements of

Section 15A(b)(11) of the Act, which

provides that the rules of the NASD

relating to quotations must be designed

to produce fair and informative

quotations, prevent fictitious or

misleading quotations and promote

orderly procedures for collecting,

distributing, and publishing quotations.

The Commission finds good cause for

approving the proposed rule change

prior to the 30th day after the date of

publishing notice of the filing thereof.

Accelerated approval of the NASD’s

proposal is appropriate to ensure

continuity in the Service’s operation as

an electronic quotation medium that

supports NASD members’ market

making in OTC Equities and that

facilitates price discovery and the

execution of customers’ orders at best

available price. Additionally, continued

operation of the Service will materially

assist the NASD’s surveillance of

trading in OTC Equities that are quoted

in the Service, including certain nonTape B securities that are listed on

regional exchanges and quoted in the

Service.

It is therefore ordered, pursuant to

Section 19(b)(2) of the Act, that the

proposed rule change be, and hereby is,

approved for an interim period through

June 28, 1995.

For the Commission, by the Division of

Market Regulation, pursuant to delegated

authority.6

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 95–10970 Filed 5–3–95; 8:45 am]

BILLING CODE 8010–01–M

[Release No. 35–26283]

Filings Under the Public Utility Holding

Company Act of 1935, as Amended

(‘‘Act’’)

April 28, 1995.

Notice is hereby given that the

following filing(s) has/have been made

with the Commission pursuant to

provisions of the Act and rules

promulgated thereunder. All interested

persons are referred to the application(s)

and/or declaration(s) for complete

statements of the proposed

transaction(s) summarized below. The

application(s) and/or declaration(s) and

any amendments thereto is/are available

for public inspection through the

Commission’s Office of Public

Reference.

Interested persons wishing to

comment or request a hearing on the

application(s) and/or declaration(s)

should submit their views in writing by

May 22, 1995, to the Secretary,

Securities and Exchange Commission,

Washington, D.C. 20549, and serve a

copy on the relevant applicant(s) and/or

declarant(s) at the address(es) specified

below. Proof of service (by affidavit or,

in case of an attorney at law, by

certificate) should be filed with the

request. Any request for hearing shall

identify specifically the issues of fact or

law that are disputed. A person who so

requests will be notified of any hearing,

if ordered, and will receive a copy of

any notice or order issued in the matter.

After said date, the application(s) and/

or declaration(s), as filed or as amended,

may be granted and/or permitted to

become effective.

Arkansas Power & Light Company, et al.

(70–8001)

Arkansas Power & Light Company

(‘‘AP&L’’), 425 West Capitol, 40th Floor,

Little Rock, Arkansas 72201, Louisiana

Power & Light Company (‘‘LP&L’’), 639

Loyola Avenue, New Orleans, Louisiana

70113, Mississippi Power & Light

Company (‘‘MP&L’’), 308 East Pearl

Street, Jackson, Mississippi 39201 and

New Orleans Public Service Inc.

(‘‘NOPSI’’), 639 Loyola Avenue, New

Orleans, Louisiana 70113, each an

electric public-utility subsidiary of

Entergy Corporation, a registered

holding company, and System Fuels,

Inc. (‘‘SFI’’), 639 Loyola Avenue, New

Orleans, Louisiana 70113, a fuel supply

company jointly owned by AP&L, LP&L,

MP&L and NOPSI (all companies

collectively, ‘‘Applicants’’), have filed a

post-effective amendment under

sections 9(a) and 10 of the Act and rule

54 thereunder to their application

previously filed under sections 9(a) and

10 of the Act.

By orders dated November 1, 1979,

August 25, 1980, June 15, 1982 and May

15, 1984 (HCAR Nos. 21277, 21689,

22556 and 23309), the Commission

authorized SFI to acquire by leveraged

lease (‘‘Lease’’) 600, 750, 580 and 320

steel railroad cars,1 respectively, for the

transportation of coal from Wyoming to

the White Bluff Steam Electric Station

located near Redfield, Arkansas (‘‘White

Bluff’’) and the Independence Steam

Electric Station located near Newark,

Arkansas (‘‘ISES’’). Pursuant to the

Lease transactions, the obligations of

SFI were supported by SFI’s parent

companies (AP&L, LP&L, MP&L and

NOPSI, collectively ‘‘Parents’’) by

means of ‘‘keep-well’’ arrangements.

Under these keep-well arrangements,

the Parents agreed, severally and to the

extent of their percentage ownership of

SFI, to keep SFI in sound financial

condition and to place SFI in a position,

and cause SFI, to perform and discharge

all its obligations under the relevant

Lease transaction agreements.

By orders dated July 7, 1992 and

September 3, 1992 (HCAR Nos. 25576

and 25618) (collectively, ‘‘1992

Orders’’), AP&L was authorized to

assume SFI’s rights and obligations as

lessee under the Leases. Such

assumption released and discharged SFI

from its obligations under the Leases,

and the Parents were released and

discharged from their keep-well

obligations. In addition, the 1992 Orders

authorized AP&L to sublease the steel

railroad cars to nonaffiliate companies.

The 1992 Orders included two

restrictions on such subleasing: (i) No

sublease could be longer than the lesser

of one year or the period during which

the steel railcars were not needed for the

transportation of coal to White Bluff and

ISES; and (ii) no more than 50% of the

steel railroad cars leased by AP&L could

be subleased at any one time (‘‘50%

Restriction’’).
Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Notices 22089

AP&L now proposes to replace its

existing steel railcar fleet with

aluminum railcars. Consequently, AP&L

seeks Commission authority to: (i)

Sublease all of its existing steel railcars

for up to the remainder of their

respective lease terms; and (ii) sublease

new aluminum railcars during periods

when they are not needed to service the

coal transportation requirements of

White Bluff and ISES.

AP&L states that the above request for

authority would be limited by the

following conditions: (i) Each

subleasing transaction shall be reported

by a quarterly rule 24 certificate; and (ii)

any revenue realized from the sublease

of the steel railcars shall be credited

against AP&L’s costs as lessee of the

steel railcars. AP&L’s proposal expressly

rejects the 50% Restriction, as imposed

by the 1992 Orders.

AP&L further states that the benefit

from such lower costs of leasing the

steel railcars shall accrue to the owners

of White Bluff and ISES on a passthrough basis. Such revenues shall be

reflected accordingly in AP&L’s

ratemaking provisions, except to the

extent the regulatory authority having

jurisdiction over the matters authorizes

a different treatment. Such revenues

will be credited to ‘‘Fuel Stock’’

(Account No. 151 under the Federal

Energy Regulatory Commission’s

Uniform System of Accounts). In the

event AP&L changes its method of

accounting for subleasing it will provide

30 days advance notice of the proposed

change to the Commission.

General Public Utilities Corporation

(70–8593)

General Public Utilities Corporation

(‘‘GPU’’), 100 Interpace Parkway,

Parsippany, New Jersey 07054, a

registered holding company, has filed

an application-declaration under

sections 6(a), 7, 9(a), 10 and 12(b) of the

Act and rules 45 and 53 thereunder.

GPU proposes to acquire and hold the

interests or securities of one or more

foreign utility companies (‘‘FUCOs’’)

and exempt wholesale generators

(‘‘EWGs’’) (each, an ‘‘Exempt Entity’’),

as defined in sections 32 and 33 of the

Act. To facilitate the acquisition and

ownership of interests in Exempt

Entities, GPU proposes to acquire the

securities of subsidiary companies

which are not themselves Exempt

Entities (each, a ‘‘Subsidiary

Company’’). Each Subsidiary Company

will be engaged, directly or indirectly,

and exclusively, in the business of

owning and holding the interests and

securities of one or more Exempt

Entities and in project development

activities relating to the acquisition of

such interests and securities and the

underlying projects.

Accordingly, GPU proposes to acquire

Subsidiary Company securities which

may take the form of capital stock or

shares, trust certificates, partnership

interests or other equity or participation

interests. Any investment in the capital

stock or other equity securities of a

Subsidiary Company having a stated or

par value will be in an amount equal to

or greater than such stated or par value.

If GPU determines that a Subsidiary

Company whose securities it has

acquired no longer has a purpose

(whether due to termination of a

proposed project acquisition, loss of a

bid, change of law, or otherwise), it

shall (to the extent that it is able to do

so), liquidate or dissolve such

Subsidiary Company within 45 days

after such determination, unless GPU

determines that such Subsidiary

Company may be used in conjunction

with a proposal or plan to acquire an

interest in a different Exempt Entity.

GPU further proposes to make

investments in such Subsidiary

Companies from time to time through

December 31, 1997 in an aggregate

amount of up to $200 million.

Investments may take the form of cash

capital contributions or open account

advances; loans evidenced by

promissory notes; guarantees by GPU of

the principal of, or interest on, any

promissory notes or other evidences of

indebtedness or obligations of any

Subsidiary Company, or of GPU’s

undertaking to contribute equity to a

Subsidiary Company; assumption of

liabilities of a Subsidiary Company; and

reimbursement agreements with banks

entered into to support letters of credit

delivered as security for GPU’s equity

contribution obligation to a Subsidiary

Company or otherwise in connection

with a Subsidiary Company’s project

development activities.

In addition to the above-described

investments in Subsidiary Companies,

GPU requests authority to make

investments in Exempt Entities from

time to time through December 31,

1997. Such investments could take the

form of (i) guarantees of the

indebtedness or other obligations of one

or more Exempt Entities; (ii) assumption

of liabilities of one or more Exempt

Entities; and (iii) guarantees and letter

of credit reimbursement agreements in

support of equity contribution

obligations or otherwise in connection

with project development activities for

one or more Exempt Entities. The

aggregate amount of such guarantees,

assumptions and reimbursement

agreements entered into with respect to

Exempt Entities, together with the

amount invested in Subsidiary

Companies, would not exceed $200

million in the aggregate outstanding at

any one time.

Any open account advance made by

GPU will be non-interest bearing and

repayable within one year of the date of

the advance. Any promissory note

issued by a Subsidiary Company to

GPU, and any promissory note or

similar evidence of indebtedness issued

by a Subsidiary Company or an Exempt

Entity to a person other than GPU with

respect to which GPU may issue a

guarantee, would mature not later than

30 years after the date of issuance

thereof, and would bear interest at a rate

(a) not greater than the prime rate at a

bank to be designated by GPU in the

case of any promissory note issued to

GPU, and (b) in the case of any note or

similar evidence of indebtedness issued

to a person other than GPU and

guaranteed by GPU, not in excess of the

rates proposed below for borrowings by

Subsidiary Companies. Any promissory

note issued to GPU by any Subsidiary

Company may, at GPU’s option, be

converted to a capital contribution to

such Subsidiary Company through

GPU’s forgiveness of the indebtedness

evidenced thereby.

Any reimbursement agreement

supporting a letter of credit would have

a term not in excess of 30 years.

Drawings under any such letter of credit

would bear interest at not more than 5%

above the prime rate of the letter of

credit bank as in effect from time to

time, and letter of credit fees would not

exceed 1% annually of the face amount

of the letter of credit.

GPU also requests authorization for

each Subsidiary Company to issue

equity and debt securities to persons

other than GPU (and with respect to

which there is no recourse to GPU

except to the extent GPU may guarantee

payment of such securities pursuant to

the authorization herein requested),

including banks, insurance companies

and other financial institutions,

exclusively for the purpose of financing

or refinancing investments in and

project development activities for

Exempt Entities. Such securities may be

issued in one or more transactions from

time to time through the earlier to occur

of (i) December 31, 1997, and (ii) the

effective date of any rule or regulation

under the Act exempting such

transactions from prior Commission

authorization. No equity security having

a stated or par value would be issued or

sold by a Subsidiary Company for a

consideration that is less than such

stated or par value.

The aggregate principal amount of

such debt securities issued by
22090 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Notices

Subsidiary Companies to persons other

than GPU will not exceed $500 million

at any one time outstanding. In any case

in which GPU directly or indirectly

owns less than 100% of the equity

interests of a Subsidiary Company, only

that portion of the indebtedness of such

Subsidiary Company equal to GPU’s

equity ownership percentage shall be

included for purposes of the foregoing

limitation.

Debt securities issued or sold by any

Subsidiary Company will mature not

later than 30 years from the date of

issuance thereof, and will bear interest

at a rate not in excess of the greater of

(A) if such note, bond or other

indebtedness is U.S. dollar

denominated, the greater of (i) 250 basis

points above the greater of (a) the

lending bank’s or other recognized

prime rate and (b) 50 basis points above

the federal funds rate, (ii) 400 basis

points above the specified London

Interbank Offered Rate plus any

applicable reserve requirement, or (iii) a

negotiated fixed rate which, in any

event, would not exceed 500 basis

points above the 30 years ‘‘current

coupon’’ treasury bond rate; and (B) if

such note, bond or other indebtedness is

denominated in the currency of a

country other than the United States , at

a fixed or floating rate which, when

adjusted (i.e., reduced) for the

prevailing rate of inflation in such

country, as reported in official indices

published by such country, would be

equivalent to a rate on a U.S. dollar

denominated borrowing of identical

average life that does not exceed 10%

over the highest rate set forth in clause

(A) above.

In connection with the issuance of

any securities by any Subsidiary

Company, it is anticipated that such

Subsidiary Company may grant a

security interest in its assets. Such

security interest may take the form of a

pledge of the shares or other equity

securities of an Exempt Entity that it

owns, including a security interest in

any distributions from any such Exempt

Entity, and/or a collateral assignment of

its rights under and interests in other

property, including rights under

contracts.

It is also anticipated that fees in the

form of placement or commitment fees,

or other similar fees, would be paid to

lenders, placement agents, or others in

connection with the issuance of any

such securities. GPU proposes that any

Subsidiary Company may agree in any

case to pay placement or commitment

fees, and other similar fees, in

connection with such issuance,

provided that the aggregate amount of

any such fees (i) payable at or about the

time of the issuance of the securities

would not exceed 4% of the stated or

principal amount thereof and (ii)

payable thereafter would not cause the

effective annual interest charge on such

securities to exceed 115% of the stated

interest rate thereon.

GPU states that it would obtain the

funds for any direct or indirect

investment in any Subsidiary Company

or Exempt Entity from available cash or

as the Commission may otherwise

authorize by separate order.

West Penn Power Company, et al. (70–

8613)

Monongahela Power Company

(‘‘Monongahela’’), 1310 Fairmont

Avenue, Fairmont, West Virginia 26554,

The Potomac Edison Company

(‘‘Potomac Edison’’), 10435 Downsville

Pike, Hagerstown, Maryland 21740, and

West Penn Power Company (‘‘West

Penn’’), 800 Cabin Hill Drive,

Greensburg, Pennsylvania 15601,

public-utility subsidiary companies of

Allegheny Power System, Inc., a

registered holding company, have filed

a declaration under sections 6(a), 7 and

12(c) of the Act and rule 42 thereunder.

Monongahela, Potomac Edison and

West Penn proposes to issue and sell, at

any time or from time to time through

December 31, 1998, in one or more

series, up to $95,000,000, $61,834,900,

and $110,000,000 principal amount,

respectively (an aggregate of

$266,834,900 principal amount for all

three companies) of junior subordinated

debentures (the ‘‘Debt Securities’’). The

Debt Securities will be issued under an

indenture or indentures to be entered

into with a trustee or trustees to be

named.

The Debt Securities will be unsecured

obligations of the issuer thereof, will be

subordinate to all other indebtedness for

borrowed money of such issuer, and

may contain cross-default provisions

with respect to other indebtedness of

the issuer. Each such series will have a

term of no more than fifty years and will

bear interest, payable at periodic

intervals, at a fixed or an adjustable rate.

Any adjustable rate will be determined

on a periodic basis as a percentage of or

spread from a predetermined

benchmark security, by auction or

remarketing procedures, in accordance

with a formula based on reference rates,

or by other predetermined methods. The

issuer of any series of Debt Securities

may have the right to defer payment of

interest for up to five years, provided

that at the end of any deferral period the

issuer would be required to pay all

accrued and unpaid interest, with

interest thereon at the rate borne by

such Debt Securities, and during any

deferral period the issuer may not be

permitted to declare or pay dividends

on or to acquire any of its capital stock.

Debt Securities of any series may be

redeemable at the option of the issuer,

at any time after a specified date not

later than twenty years from the date of

issuance, at a price equal to the

principal amount thereof plus accrued

and unpaid interest, plus a premium (if

any).

The Debt Securities will be sold at

such time, at such interest rates, and for

such prices as shall be approved by the

issuer, depending on market conditions.

The proceeds of the sale of Debt

Securities will be applied to the

redemption, tender offer or other

retirement of outstanding preferred

stock. Monongahela, Potomac Edison

and West Penn state that the Debt

Securities will provide substantial

benefits over traditional perpetual

preferred stock (including increased

cash flow and net income and a lower

net interest cost due to the tax

deductibility of interest payments),

while receiving substantially similar

treatment for rating agency and other

credit analysis purposes.

Appalachian Power Company, et al.

(70–8615)

Appalachian Power Company

(‘‘Appalachian’’), an electric utility

subsidiary of American Electric Power

Company, Inc., a registered holding

company, and its subsidiary, Southern

Appalachian Coal Company (SACCo’’)

(collectively, the ‘‘Sellers’’), both

located at 40 Franklin Road, Roanoke,

Virginia 24022, have filed an

application-declaration under Sections

9(a), 10 and 12(b) of the Act and Rule

45 thereunder.

By Commission order dated June 6,

1984 (HCAR No. 23322), the

Commission approved the sale of a

significant portion of Appalachian’s and

its subsidiary’s coal mining assets. The

Sellers have now entered into an

Agreement of Purchase and Sale, dated

March 22, 1995 (‘‘Agreement’’), with

Whites Creek Limited Liability

Company (‘‘Buyer’’), a West Virginia

limited liability company, with respect

to most of its remaining West Virginia

mining assets. Appalachian owns

certain real property interests, including

coal lands and docking facilities,

located in Boone and Kanawha

Counties, West Virginia. SACCo owns

the Bull Creek Preparation Plant and

equipment consisting of certain raw coal

and clean coal handling and preparation

plant facility together with fixed assets

and improvements and other coal

mining equipment. SACCo is the

permittee under various reclamation,
Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Notices 22091

pollutant discharge, pollution control

and facilities permits applicable to coal

mining, preparation and transportation.

Pursuant to the Agreement, the Buyer

will acquire the real property interests,

the coal preparation facility, the

equipment and the permits (‘‘Assets’’)

from the Sellers. The Sellers shall assign

and delegate to the Buyer all rights and

obligations under various oil and gas

leases, farming leases, timber leases,

residential leases, licenses, franchises,

contracts, concessions and recorded and

unrecorded occupancy agreements

applicable to or for the use or

occupancy of the real estate to be sold.

The total purchase price under the

Agreement for the Assets is $6.05

million, of which $1.25 million shall be

paid at closing to be held no later than

June 30, 1995. The Buyer will deliver a

promissory note, secured by a letter of

credit, in the amount of $4.8 million,

bearing interest at the rate of a 8.004213

percent per annum, payable in 40 equal

quarterly installments of principal and

interest of $175,500, beginning on

September 30, 1995 and ending on June

30, 2005.

Under the Agreement, the Sellers

have agreed to indemnify the Buyer

against certain liabilities and

contingencies that may be asserted by

employees or former employees of

SACCo against the Buyer or by federal,

state or local agencies as a result of

noncompliance with laws relating to

mining operations.

For the Commission, by the Division of

Investment Management, pursuant to

delegated authority.

Margaret H. McFarland,

Deputy Secretary.

[FR Doc. 95–11040 Filed 5–3–95; 8:45 am]

BILLING CODE 8010–01–M

SMALL BUSINESS ADMINISTRATION

[License # 03/03–5171]

Consumer United Capital Corporation;

Notice of License Surrender

Notice is hereby given that Consumers

United Capital Corporation, (‘‘CUCC’’),

1150 Connecticut Avenue NW., Suite

205, Washington, D.C. 20036, has

surrendered its license to operate as a

small business investment company

under the Small Business Investment

Act of 1958, as amended (‘‘the Act’’).

CUCC was licensed by the Small

Business Administration on April 25,

1985.

Under the authority vested by the Act

and pursuant to the regulations

promulgated thereunder, the surrender

of the license was accepted on March

22, 1994, and accordingly, all rights,

privileges, and franchises derived

therefrom have been terminated.

(Catalog of Federal Domestic Assistance

Program No. 59.011, Small Business

Investment Companies)

Dated: April 27, 1995.

Robert D. Stillman,

Associate Administrator for Investment.

[FR Doc. 95–10952 Filed 5–3–95; 8:45 am]

BILLING CODE 8025–01–M

Investment Advisory Council; Public

Meeting

The U.S. Small Business Investment

Advisory Council will hold a public

meeting from 10 a.m. to 3 p.m.

Thursday, May 11, 1995, at the ANA

Hotel, located at 2900 M Street, NW,

Washington, DC, to discuss such matters

as may be presented by members, staff

of the U.S. Small Business

Administration, or others present.

For further information, write or call

Ed Cleveland, U.S. Small Business

Administration, 409 Third Street, SW,

Washington, DC 20416, (202) 205–6510.

Dated: April 27, 1995.

Dorothy A. Overal,

Director, Office of Advisory Council.

[FR Doc. 95–10926 Filed 5–3–95; 8:45 am]

BILLING CODE 8025–01–M

SOCIAL SECURITY ADMINISTRATION

[Social Security Acquiescence Ruling 95–

1(6)]

Preslar v. Secretary of Health and

Human Services; Definition of Highly

Marketable Skills for Individuals Close

to Retirement Age

AGENCY: Social Security Administration.

ACTION: Notice of Social Security

Acquiescence Ruling.

SUMMARY: In accordance with 20 CFR

422.406(b)(2), the Commissioner of

Social Security gives notice of Social

Security Acquiescence Ruling 95–1(6).

EFFECTIVE DATE: May 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Gary Sargent, Litigation Staff, Social

Security Administration, 6401 Security

Blvd., Baltimore, MD 21235, (410) 965-

1695.

SUPPLEMENTARY INFORMATION: Although

not required to do so pursuant to 5

U.S.C. 552(a)(1) and (a)(2), we are

publishing this Social Security

Acquiescence Ruling in accordance

with 20 CFR 422.406(b)(2).

A Social Security Acquiescence

Ruling explains how we will apply a

holding in a decision of a United States

Court of Appeals that we determine

conflicts with our interpretation of a

provision of the Social Security Act (the

Act) or regulations when the

Government has decided not to seek

further review of that decision or is

unsuccessful on further review.

We will apply the holding of the

Court of Appeals decision as explained

in this Social Security Acquiescence

Ruling to claims at all levels of

administrative adjudication within the

Sixth Circuit. This Social Security

Acquiescence Ruling will apply to all

determinations and decisions made on

or after May 4, 1995. If we made a

determination or decision on your

application for benefits between January

21, 1994, the date of the Court of

Appeals’ decision and May 4, 1995, the

effective date of this Social Security

Acquiescence Ruling, you may request

application of the Social Security

Acquiescence Ruling to your claim if

you first demonstrate, pursuant to 20

CFR 404.985(b) or 416.1485(b), that

application of the Ruling could change

our prior determination or decision.

If this Social Security Acquiescence

Ruling is later rescinded as obsolete, we

will publish a notice in the Federal

Register to that effect as provided for in

20 CFR 404.985(e) and 416.1485(e). If

we decide to relitigate the issue covered

by this Social Security Acquiescence

Ruling as provided for by 20 CFR

404.985(c) and 416.1485(c), we will

publish a notice in the Federal Register

stating that we will apply our

interpretation of the Act or regulations

involved and explaining why we have

decided to relitigate the issue.

(Catalog of Federal Domestic Assistance

Programs Nos. 93.802 Social Security—

Disability Insurance; 93.803 Social

Security—Retirement Insurance; 93.805

Social Security—Survivors Insurance;

93.806—Special Benefits for Disabled Coal

Miners; 93.807—Supplemental Security

Income.)

Dated: November 14, 1994.

Shirley S. Chater,

Commissioner of Social Security.

Acquiescence Ruling 95–1(6)

Preslar v. Secretary of Health and

Human Services, 14 F.3d 1107 (6th Cir.

1994)—Definition of Highly Marketable

Skills for Individuals Close to

Retirement Age—Titles II and XVI of the

Social Security Act.

Issue: Whether, in order to find that

the skills of a claimant who is close to

retirement age (age 60–64) are ‘‘highly

marketable’’ within the meaning of the

Secretary’s regulations, the Social

Security Administration (SSA) must