360 Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Rules and Regulations

adopted by Order No. 572, requiring a

case-in-chief if no protest is filed,

cannot be characterized as a

streamlining measure.

As discussed in Order No. 572, the

Commission has fully complied with

the mandate of the Act of 1992 by

adopting the indexing methodology.

The market-based ratemaking approach

is not generally applicable and, in any,

event, as stated in Order No. 572, does

streamline procedures as to those rates.

Therefore, the Commission denies the

AOPL’s request for rehearing on the

Commission’s conclusion that it did not

violate the Act of 1992.

The Commission Orders

The AOPL’s request for rehearing of

Order No. 572 is denied. By the

Commission.

Lois D. Cashell,

Secretary.

[FR Doc. 95–116 Filed 1–3–95; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Social Security Administration

20 CFR Part 416

[Regulation No. 16]

RIN 0960–AC96

Supplemental Security Income for the

Aged, Blind, and Disabled; Waiver of

Parent-to-Child Deeming for Certain

Disabled Children

AGENCY: Social Security Administration,

HHS.

ACTION: Final rule.

SUMMARY: This final rule implements

section 8010 of the Omnibus Budget

Reconciliation Act of 1989 which

provides that a disabled child under age

18 who lives with his or her parent(s)

will not have parental income or

resources deemed to him or her if the

child previously received a reduced

supplemental security income (SSI)

benefit (personal needs allowance)

while a resident of a medical facility for

which Medicaid paid more than 50

percent of the cost of the individual’s

care; the child is eligible for medical

assistance under a Medicaid State home

care plan; and the child would

otherwise be ineligible for a Federal SSI

benefit because of the deeming of the

parents’ income or resources. The rule

also provides that, although deeming is

waived in these circumstances, the inkind support and maintenance provided

by the parents will not be counted.

Lastly, when such a child would not be

ineligible because of the deeming of his

parents’ income but would receive a

benefit of less than the amount payable

under section 8010, the child’s benefit

will be $30 a month plus any optional

State supplementation. Any of the

child’s own countable income will then

be deducted from that amount.

EFFECTIVE DATE: This rule is effective

January 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Sandy Bond, 3–B–1 Operations

Building, 6401 Security Boulevard,

Baltimore, MD 21235, (410) 965–1794.

SUPPLEMENTARY INFORMATION: Section

1614(f)(2) of the Social Security Act (the

Act), requires that, for purposes of

determining eligibility for and the

amount of SSI benefits, the income and

resources of a child under age 18 be

deemed to include the income and

resources of a parent (or spouse of a

parent) who is living in the same

household as the child, except to the

extent determined by the Secretary to be

inequitable under the circumstances.

Regulations at § 416.1160 through

§ 416.1169 explain how we deem

income and when it is inequitable to

deem part or all of that income.

Regulations at § 416.1202 through

§ 416.1204a explain how we deem

resources.

Section 8010(a) of Pub. L. 101–239

amended section 1614(f)(2) of the Act to

provide that parental income and

resources shall not be deemed to any

child under age 18 who is disabled,

received SSI benefits under section

1611(e)(1)(B) while in an institution

described in that section, is eligible for

medical assistance under a State home

care plan approved by the Secretary

under the provisions of section 1915(c)

of the Act or authorized under section

1902(e)(3), and, except for this waiver of

deeming, would not be eligible for a

Federal SSI benefit. Section 8010(b)

amended section 1611(e)(1)(B) of the

Act to include eligible children as

described in section 1614(f)(2)(B) of the

Act, among those eligible for the SSI

personal needs allowance. These

provisions became effective June 1,

1990.

The regulation provides that we do

not deem parental income and resources

to disabled children who:

• Previously received SSI personal

needs allowance benefits while

residents of a medical facility for which

Medicaid paid more than fifty percent of

the cost of the individuals’ care;

• Are eligible for medical assistance

under Medicaid State home care plans

approved by the Secretary under the

provisions of section 1915(c) of the Act

or authorized under section 1902(e)(3);

and

• Would otherwise be ineligible for a

Federal SSI benefit because of the

deeming of their parents’ income and/or

resources.

The regulation also provides that

children for whom the deeming rules

are waived may be eligible to receive an

SSI benefit up to the personal needs

allowance (currently $30 monthly), plus

an optional State supplement in certain

States. The optional State supplement

payable to a child for whom the

deeming rules are waived will be

determined by the State and, if the

supplement is administered by the

Federal government, set out in Federal/

State agreements.

Further, the regulation states that inkind support and maintenance provided

by a child’s parent(s), which we do not

count when deeming of parental income

applies, also will not count when

deeming of parental income is waived

under section 1614(f)(2) of the Act.

Otherwise, the counting of such in-kind

support and maintenance could negate

the beneficial effect of section 8010 of

Pub. L. 101–239.

Finally, the regulation addresses the

situation of children who do not meet

the criteria for waiver of deeming only

because parental income is not high

enough to make them ineligible for SSI

benefits but is high enough to result in

an SSI payment that is less than the

amount that would be payable under

section 8010 of Pub. L. 101–239. Under

the regulation, such children would

receive an SSI benefit up to the personal

needs allowance plus any optional State

supplement. Any of the child’s own

countable income would then be

deducted from that amount. This change

is being made under the Secretary’s

discretionary deeming authority in

section 1614(f)(2)(A) of the Act which

allows the Secretary to determine the

extent to which deeming of parental

income and resources is inequitable

under the circumstances. This change is

necessary to prevent anomalies from

being introduced into parent-to-child

deeming.

We published this regulation as a

notice of proposed rulemaking (NPRM)

on September 22, 1993, (58 FR 49249).

The 60-day comment period ended on

November 22, 1993. We received no

comments and are adopting the

regulation as proposed.

Regulatory Procedures

Executive Order No. 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that this rule does not meet
Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Rules and Regulations 361

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

because it will affect only individuals

and States. Therefore, a regulatory

flexibility analysis as provided in Pub.

L. 96–354, the Regulatory Flexibility

Act, is not required.

Paperwork Reduction Act of 1980

This regulation imposes no additional

reporting and recordkeeping

requirements necessitating clearance by

the Office of Management and Budget.

(Catalog of Federal Domestic Assistance

Program No. 93.807, Supplemental Security

Income)

List of Subjects in 20 CFR Part 416

Administrative Practice and

Procedure, Aged, Blind, Disability

benefits, Public assistance programs,

Supplemental Security Income (SSI),

Reporting and recordkeeping

requirements.

Dated: November 10, 1994.

Shirley Chater,

Commissioner of Social Security.

Approved: December 27, 1994.

Donna E. Shalala,

Secretary of Health and Human Services.

Part 416 of Chapter III of Title 20 of

the Code of Federal Regulations is

amended as follows:

PART 416—[AMENDED]

1. The authority citation for Subpart

D of Part 416 continues to read as

follows.

Authority: Secs. 1102, 1611 (a), (b), (c), and

(e), 1612, 1617, and 1631 of the Social

Security Act; 42 U.S.C. 1302, 1382 (a), (b),

(c), and (e), 1382a, 1382f, and 1383.

2. New § 416.415 is added to read as

follows:

§ 416.415 Amount of benefits; eligible

individual is disabled child under age 18.

(a) If you are a disabled child under

age 18 and meet the conditions in

§ 416.1165(i) for waiver of deeming,

your parents’ income will not be

deemed to you and your benefit rate

will be $30 a month.

(b) If you are a disabled child under

age 18 and do not meet the conditions

in § 416.1165(i) only because your

parents’ income is not high enough to

make you ineligible for SSI but deeming

of your parents’ income would result in

an SSI benefit less than the amount

payable if you received benefits as a

child under § 416.1165(i), your benefit

will be the amount payable if you

received benefits as a child under

§ 416.1165(i).

3. The authority citation for Subpart

K of Part 416 continues to read as

follows:

Authority: Secs. 1102, 1602, 1611, 1612,

1613, 1614(f), 1621, and 1631 of the Social

Security Act; 42 U.S.C. 1302, 1381a, 1382,

1382a, 1382b, 1382c(f), 1382j, and 1383; sec.

211 of Pub. L. 93–66, 87 Stat. 154.

4. Section 416.1148 is revised to read

as follows:

§ 416.1148 If you have both in-kind

support and maintenance and income that

is deemed to you.

(a) The one-third reduction and

deeming of income. If you live in the

household of your spouse, parent,

essential person, or sponsor whose

income can be deemed to you, or the

household of a parent whose income is

not deemed to you because of the

provisions of § 416.1165(i), the onethird reduction does not apply to you.

The rules on deeming income are in

§§ 416.1160 through 416.1169.

However, if you live in another person’s

household as described in § 416.1131,

and someone whose income can be

deemed to you lives in the same

household, we must apply both the onethird reduction and the deeming rules to

you.

(b) The presumed value rule and

deeming of income. (1) If you live in the

same household with someone whose

income can be deemed to you

(§§ 416.1160 through 416.1169), or with

a parent whose income is not deemed to

you because of the provisions of

§ 416.1165(i), any food, clothing, or

shelter that person provides is not

income to you. However, if you receive

any food, clothing, or shelter from

another source, it is income and we

value it under the presumed value rule

(§ 416.1140). We also apply the deeming

rules.

(2) If you are a child under age 18

who lives in the same household with

an ineligible parent whose income may

be deemed to you, and you are

temporarily absent from the household

to attend school (§ 416.1167(b)), any

food, clothing, or shelter you receive at

school is income to you unless your

parent purchases it. Unless otherwise

excluded, we value this income under

the presumed value rule (§ 416.1140).

We also apply the deeming rules to you

(§ 416.1165).

5. In § 416.1165, the introductory text

is revised and a new paragraph (i) is

added to read as follows:

§ 416.1165 How we deem income to you

from your ineligible parents.

If you are a child living with your

parents, we apply the deeming rules to

you through the month in which you

reach age 18. We follow the rules in

paragraphs (a) through (e) of this section

to determine your eligibility. To

determine your benefit amount, we

follow the rules in paragraph (f) of this

section. The rules in paragraph (g) of

this section apply to changes in your

family situation. Paragraph (i) of this

section discusses the conditions under

which we will not deem your ineligible

parents’ income to you if you are a

disabled child living with your parents.

* * * * *

(i) Disabled child under age 18.

If you are a disabled child under the

age of 18 living with your parents, we

will not deem your parents’ income to

you if—

(1) You previously received a reduced

SSI benefit while a resident of a medical

facility for which Medicaid paid more

than 50 percent of the cost of your care;

(2) You are eligible for medical

assistance under a Medicaid State home

care plan approved by the Secretary

under the provisions of section 1915(c)

or authorized under section 1902(e)(3)

of the Act; and

(3) You would otherwise be ineligible

for a Federal SSI benefit because of the

deeming of your parents’ income or

resources.

6. The authority citation of Subpart L

of Part 416 continues to read as follows:

Authority: Secs. 1102, 1602, 1611, 1612,

1613, 1614(f), 1621, and 1631 of the Social

Security Act; 42 U.S.C. 1302, 1381a, 1382,

1382a, 1382b, 1382c(f), 1382j, and 1383; sec.

211 of Pub. L. 93–66, 87 Stat. 154.

7. In § 416.1202, paragraph (b) is

revised to read as follows:

§ 416.1202 Deeming of resources.

* * * * *

(b) Child—(1) General. In the case of

a child (as defined in § 416.1856) who

is under age 18, such child’s resources

shall be deemed to include any

resources, not otherwise excluded under

this subpart, of an ineligible parent of

such child (or the ineligible spouse of a

parent) who is living in the same

household (as defined in § 416.1851) as

such child, whether or not available to

such child, to the extent that the

resources of such parent (or such spouse

of a parent) exceed the resource limits

described in § 416.1205 except as

provided in paragraph (b)(2) of this

section. (If the child is living with only

one parent, the resource limit for an

individual applies. If the child is living

with both parents (or one parent and his
362 Federal Register / Vol. 60, No. 2 / Wednesday, January 4, 1995 / Rules and Regulations

or her spouse), the resource limit for an

individual and spouse applies.) In

addition to the exclusions listed in

§ 416.1210, pension funds which the

ineligible parent or spouse of a parent

may have are also excluded. ‘‘Pension

funds’’ are defined in paragraph (a) of

this section. As used in this section, the

term ‘‘parent’’ means the natural or

adoptive parent of a child and ‘‘spouse

of a parent’’ means the spouse (as

defined in § 416.1806) of such natural or

adoptive parent.

(2) Disabled child under age 18. In the

case of a disabled child under age 18

who is living in the same household

with his or her parents, the deeming

provisions of paragraph (b)(1) of this

section shall not apply if such child—

(i) Previously received a reduced SSI

benefit while a resident of a medical

facility for which Medicaid paid more

than 50 percent of the cost of the

individual’s care;

(ii) Is eligible for medical assistance

under a Medicaid State home care plan

approved by the Secretary under the

provisions of section 1915(c) or

authorized under section 1902(e)(3) of

the Act; and

(iii) Would otherwise be ineligible

because of the deeming of his or her

parents’ resources or income.

* * * * *

[FR Doc. 95–115 Filed 1–3–95; 8:45 am]

BILLING CODE 4190–29–P

Food and Drug Administration

21 CFR Part 520

Oral Dosage Form New Animal Drugs;

Lufenuron Tablets

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect

approval of a new animal drug

application (NADA) filed by Ciba

Animal Health, Ciba-Geigy Corp. The

NADA provides for oral administration

of lufenuron tablets to dogs for the

prevention and control of flea

populations.

EFFECTIVE DATE: January 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Marcia K. Larkins, Center for Veterinary

Medicine (HFV–112), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–594–0614.

SUPPLEMENTARY INFORMATION: Ciba

Animal Health, Ciba-Geigy Corp., P.O.

Box 18300, Greensboro, NC 27419–

8300, filed NADA 141–035, which

provides for oral administration of

Program tablets containing 45, 90,

204.9, or 409.8 milligrams (mg) of

lufenuron per (/) tablet. Once a month,

Program tablets are administered to

dogs, 6 weeks of age and older, at a

minimum dosage of 10 mg of lufenuron/

kilogram (4.5 mg/pound) of body weight

for the prevention and control of flea

populations. The drug has no

deleterious effect on adult fleas, but it

prevents most flea eggs from maturing

into adults. The NADA is approved as

of November 23, 1994, and the

regulations are amended in part 520 (21

CFR part 520) by adding new § 520.1288

to reflect the approval. The basis for

approval is discussed in the freedom of

information summary.

In accordance with the freedom of

information provisions of part 20 (21

CFR part 20) and § 514.11(e)(2)(ii) (21

CFR 514.11(e)(2)(ii)), a summary of

safety and effectiveness data and

information submitted to support

approval of this application may be seen

in the Dockets Management Branch

(HFA–305), Food and Drug

Administration, rm. 1–23, 12420

Parklawn Dr., Rockville, MD 20857,

between 9 a.m. and 4 p.m., Monday

through Friday.

Section 512(c)(2)(F)(i) of the Federal

Food, Drug, and Cosmetic Act provides

a 5-year period of exclusivity to this

original NADA beginning November 23,

1994, because no active ingredient

(including any ester or salt of the active

ingredient) has been approved in any

other application under section

512(b)(1) of the act.

The agency has carefully considered

the potential environmental effects of

this action. FDA has concluded that the

action will not have a significant impact

on the human environment, and that an

environmental impact statement is not

required. The agency’s finding of no

significant impact and the evidence

supporting that finding, contained in an

environmental assessment, may be seen

in the Dockets Management Branch

(address above) between 9 a.m. and 4

p.m., Monday through Friday.

List of Subjects in 21 CFR Part 520

Animal drugs.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 520 is amended as follows:

PART 520–ORAL DOSAGE FORM NEW

ANIMAL DRUGS

1. The authority citation for 21 CFR

part 520 continues to read as follows:

Authority: Sec. 512 of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 360b).

2. New § 520.1288 is added to read as

follows:

§ 520.1288 Lufenuron tablets.

(a) Specifications. Each tablet

contains either 45, 90, 204.9, or 409.8

milligrams of lufenuron.

(b) Sponsor. See No. 058198 in

§ 510.600(c) of this chapter.

(c) Conditions of use—(1) Amount. 10

milligrams of lufenuron per kilogram

(4.5 milligrams per pound) of body

weight.

(2) Indications for use. For use in

dogs, 6 weeks of age and older, for the

prevention and control of flea

populations.

(3) Limitations. Administer tablet(s)

after or in conjunction with a full meal

to ensure adequate absorption.

Administer tablet(s) once a month,

preferably on same date each time. All

dogs in a household should be treated

to achieve maximum efficacy. Because

the drug has no affect on adult fleas, the

concurrent use of insecticides that kill

adults may be required depending on

the severity of the infestation. Federal

law restricts this drug to use by or on

the order of a licensed veterinarian.

Dated: December 23, 1994.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 95–164 Filed 1–3–95; 8:45 am]

BILLING CODE 4160–01–F

21 CFR Part 522

Implantation or Injectable Dosage

Form New Animal Drugs;

Oxytetracycline Injection

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

animal drug regulations to reflect

approval of an abbreviated new animal

drug application (ANADA) filed by

Boehringer Ingelheim Animal Health,

Inc. The ANADA provides for the use of

oxytetracycline injection in cattle and

swine for the treatment of diseases

caused by oxytetracycline susceptible

organisms.

EFFECTIVE DATE: January 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Melanie R. Berson, Center for Veterinary

Medicine (HFV–135), Food and Drug

Administration, 7500 Standish Pl.,

Rockville, MD 20855, 301–594–1643.

SUPPLEMENTARY INFORMATION:

Boehringer Ingelheim Animal Health,