Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Notices 22093

1A copy of this list may be obtained by

contacting Ms. Neila Sheahan of the Office of the

General Counsel of USIA. The telephone number is

202/619–5030, and the address is Room 700, U.S.

Information Agency, 301 4th Street, S.W.,

Washington, D.C. 20547.

Statement as to How Preslar Differs

From Social Security Policy

At step five of the sequential

evaluation, SSA considers a claimant’s

chronological age in conjunction with

residual functional capacity, education

and work experience to determine

whether a claimant can do work other

than past relevant work. SSA weighs the

effect of increasing age by the extent it

erodes a claimant’s ability to adapt to

new work situations and to work in

competition with others.

To this end, SSA’s regulations

provide that in order to find that a

claimant whose sustained work

capability is limited to light work or less

and who is close to retirement age (60–

64) possesses skills that can be used in

(transferred to) other work, ‘‘there must

be very little, if any, vocational

adjustment required in terms of tools,

work processes, work settings, or the

industry.’’ 20 CFR Part 404, Subpart P,

Appendix 2, section 202.00(f). SSA’s

regulations provide the same rule for a

claimant whose sustained work

capability is limited to sedentary work

and who is of advanced age (55 or over).

20 CFR Part 404, Subpart P, Appendix

2, section 201.00(f). If the claimant’s

skills are transferable to other work

under this standard, SSA will consider

such skills ‘‘highly marketable’’ under

20 CFR 404.1563(d) and 416.963(d).

SSA’s regulations do not require a

finding that a claimant’s skills are

specialized and coveted so as to offset

the disadvantage that advancing age

may present in obtaining employment.

Instead, SSA’s regulations require that a

claimant (of any age) be found not

disabled if his or her residual functional

capacity and vocational abilities enable

him or her to work, but he or she

remains unemployed because of the

hiring practices of employers. The

evaluation of disability is based on the

ability to perform jobs in the national

economy and not the ability to obtain

them, 20 CFR 404.1566(c) and

416.966(c).

The Sixth Circuit’s interpretation of

‘‘highly marketable’’ imposes

requirements in contravention of the

Secretary’s regulations regarding the

vocational relevance of a claimant’s age.

Specifically, the court has interpreted

‘‘highly marketable’’ skills in 20 CFR

404.1563(d) to mean those skills which

are sufficiently specialized and coveted

by employers so as to make a claimant’s

age irrelevant in the hiring process and

enable the claimant to obtain

employment with little difficulty.

Explanation of How SSA Will Apply

The Preslar Decision Within the Circuit

This ruling applies only where the

claimant resides in Kentucky, Michigan,

Ohio or Tennessee at the time of the

determination or decision at any level of

administrative review, i.e., initial,

reconsideration, ALJ hearing or Appeals

Council review.

In the case of a claimant whose

sustained work capability is limited to

sedentary or light work as a result of a

severe impairment, who is closely

approaching retirement age (age 60-64),

and who has skills, an adjudicator will

consider the claimant’s skills to be

‘‘highly marketable’’ only if the skills

are sufficiently specialized and coveted

by employers as to make the claimant’s

age irrelevant in the hiring process and

enable the claimant to obtain

employment with little difficulty. In

determining whether a claimant’s skills

meet this definition of ‘‘highly

marketable,’’ an adjudicator will

consider:

(1) whether the skills were acquired

through specialized or extensive

education, training or experience; and

(2) whether the skills give the

claimant a competitive edge over other,

younger, potential employees with

whom the claimant would compete for

jobs requiring those skills, giving

consideration to the number of such

jobs available and the number of

individuals competing for such jobs.

SSA intends to clarify the regulations

at issue in this case, 20 CFR 404.1563

and 416.963, through the rule making

process and may rescind this Ruling

once such clarification is made.

[FR Doc. 95–10920 Filed 5–3–95; 8:45 am]

BILLING CODE 4190–29–F

DEPARTMENT OF STATE

[Public Notice 2198]

International Telecommunications

Advisory Committee;

Radiocommunications Sector; Study

Group 8—Mobile Services; Meeting

Notice

The Department of State announces

that the United States International

Telecommunications Advisory

Committee (ITAC),

Radiocommunication Sector Study

Group 8—Mobile Services will meet on

19 May 1995 at 10 AM to 1 PM, in room

1107 at the Department of State, 2201 C

Street, N.W., Washington, DC 20520.

Study Group 8 studies and develops

recommendations concerning technical

and operating characteristics of mobile,

radiodetermination, amateur and related

satellite services.

This May meeting will continue

preparations for the June 12–16, 1995

international meeting of Study Group 8.

It will also review activities concerning

the Inter-American Telecommunication

Commission Permanent Consultative

Committee III—Radiocommunications,

and begin preparations for the August

24–26 meeting of PCC.III.

Members of the General Public may

attend the meeting and join in the

discussions, subject to the instructions

of the Chairman, John T. Gilsenan.

Note: In order to gain access to State

Department for this meeting, please call 202–

647–0201 and leave your name, your social

security number, and date of birth. Please use

‘‘C’’ Street Entrance.

Dated: April 28, 1995.

Warren G. Richards,

Chairman, U.S. ITAC for ITURadiocommunication Sector.

[FR Doc. 95–10947 Filed 5–3–95; 8:45 am]

BILLING CODE 4710–45–M

UNITED STATES INFORMATION

AGENCY

Culturally Significant Objects Imported

for Exhibition; Determination

Notice is hereby given of the

following determination: Pursuant to

the authority vested in me by the Act of

October 19, 1965 (79 Stat. 985, 22 U.S.C.

2459), Executive Order 12047 of March

27, 1978 (43 F.R. 13359, March 29,

1978), and Delegation Order No. 85–5 of

June 27, 1985 (50 F.R. 27393, July 2,

1985), I hereby determine that the

objects in the exhibit, ‘‘Claude Monet

1840–1926’’ (see list 1) imported from

abroad for the temporary exhibition

without profit within the United States,

are of cultural significance. These

objects are imported pursuant to loan

agreements with the foreign lenders. I

also determine that the temporary

exhibition of the objects at The Art

Institute of Chicago, Chicago, Illinois

from on or about July 14, 1995, to on or

about November 26, 1995, is in the

national interest.

Public notice of this determination is

ordered to be published in the Federal

Register.
22094 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Notices

Dated: April 28, 1995.

Les Jin,

General Counsel.

[FR Doc. 95–10925 Filed 5–3–95; 8:45 am]

BILLING CODE 8230–01–M

DEPARTMENT OF VETERANS

AFFAIRS

Advisory Committee on Minority

Veterans; Notice of Meeting

The Department of Veterans Affairs

(VA), in accordance with Public Law

103–446, gives notice that a meeting of

the Advisory Committee on Minority

Veterans will be held June 5–8, 1995, in

Washington, DC. The purpose of the

Advisory Committee on Minority

Veterans is to advise the Secretary of

Veterans Affairs on the administration

of VA benefits and services for minority

veterans and to assess the needs of

minority veterans and evaluate whether

VA compensation, medical and

rehabilitation services, outreach, and

other programs are meeting those needs.

The committee will make

recommendations to the Secretary

regarding such activities.

The sessions will convene in room

230, VA Central Office Building, 810

Vermont Avenue, NW, Washington, DC.

on June 5, from 9 a.m. to 5:30 p.m. and

end on June 8 at 12 noon. All sessions

will be open to the public up to the

seating capacity of the room. Because

the capacity is limited, it will be

necessary for those wishing to attend toe

contact Mrs. Angelia Sare, Department

of Veterans Affairs (phone 202 273–

6708) prior to June 1, 1995. Limited

time will be allocated for the purpose of

receiving oral presentations from the

public, however prior notification of

request to speak will be required. The

Committee will accept appropriate

written comments from interested

parties on issues affecting minority

veterans. Such comments should be

referred to the Committee at the

following address: Advisory Committee

on Minority Veterans, Center for

Minority Veterans (008D), U.S.

Department of Veterans Affairs, 810

Vermont Avenue, NW., Washington, DC

20420.

Dated: April 26, 1995.

By Direction of the Secretary:

Heyward Bannister,

Committee Management Officer.

[FR Doc. 95–10948 Filed 5–3–95; 8:45 am]

BILLING CODE 8320–01–M