Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Proposed Rules 26387

EXCAL LOM, and within 4 miles east and 8

miles west of the Presque Isle 340° radial

extending from the 11-mile radius to 16 miles

northwest of the VORTAC, and within an

8.5-mile radius of Caribou Municipal Airport;

excluding that airspace outside of the United

States.

* * * * *

Issued in Burlington, Massachusetts, on

May 8, 1995.

John J. Boyce,

Acting Manager, Air Traffic Division, New

England Region.

[FR Doc. 95–12156 Filed 5–16–95; 8:45 am]

BILLING CODE 4910–13–M

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

[Regulations No. 16]

RIN 0960–AD87

Supplemental Security Income for the

Aged, Blind, and Disabled; Extension

of Time Period for Not Counting as

Resources, Funds Received for Repair

or Replacement of Damaged or

Destroyed Excluded Resources in the

Supplemental Security Income

Program

AGENCY: Social Security Administration.

ACTION: Proposed rule.

SUMMARY: In the past several years,

portions of the United States have

experienced natural disasters that have

had unprecedented effects on

supplemental security income (SSI)

recipients. To provide us with the

flexibility to deal with these and future

occurrences, we propose to modify our

current regulations regarding the period

of time that cash and in-kind items

received for the repair or replacement of

certain destroyed or damaged excluded

resources would not count toward the

resource limit.

DATES: To be sure that your comments

are considered, we must receive them

no later than July 17, 1995.

ADDRESSES: Comments should be

submitted in writing to the

Commissioner of Social Security, P.O.

Box 1585, Baltimore, MD 21235, sent by

telefax to (410) 966–2830, sent by E-mail

to ‘‘regulations@ssa.gov’’ or delivered to

3–B–1 Operations Building, 6401

Security Boulevard, Baltimore, MD

21235, between 8:00 a.m. and 4:30 p.m.

on regular business days.

The electronic file of this document is

available on the Federal Bulletin Board

(FBB) at 9 a.m. on the date of

publication in the Federal Register. To

download the file, modem dial (202)

512–1387. The FBB instructions will

explain how to download the file and

the fee. This file is in WordPerfect and

will remain on the FBB during the

comment period.

FOR FURTHER INFORMATION CONTACT:

Henry D. Lerner, Legal Assistant,

Division of Regulations and Rulings,

Social Security Administration, 6401

Security Boulevard, Baltimore, MD

21235, (410) 965–1762.

SUPPLEMENTARY INFORMATION: The

regulations at § 416.1205(c) provide that

SSI recipients can have no more than

$2,000 in countable resources and SSI

couples can have no more than $3,000.

The regulations at § 416.1237 provide

that assistance received under the

Disaster Relief and Emergency

Assistance Act or other assistance

provided under a Federal statute

because of a catastrophe which is

declared to be a major disaster by the

President of the United States or

comparable assistance received from a

State or local government, or from a

disaster assistance organization, is

excluded permanently under the SSI

program in determining countable

resources.

The regulations at § 416.1232

complement the disaster assistance

exclusion by providing that cash or inkind items for the repair or replacement

of lost, stolen, or damaged excluded

resources are not treated as resources for

9 months. The regulations also provide

for one extension for a reasonable

period up to an additional 9 months for

good cause if circumstances do not

permit repair or replacement within the

initial 9-month period and the

individual intends to use the funds for

repair or replacement.

Excluded resources generally include

the individual’s home, household goods

and personal effects, and the

automobile, as are described in

§§ 416.1212, 416.1216 and 416.1218

respectively.

Private insurance payments do not

qualify as disaster assistance and,

therefore, cannot be permanently

excluded from resources. For some SSI

recipients affected by natural disasters,

the maximum period of 18 months

during which monies received to repair

or replace excluded resources are not

treated as resources will not be

sufficient and some of these individuals

will consequently lose SSI and

Medicaid eligibility.

In the past several years, portions of

the United States have experienced

natural disasters that have had

unprecedented effects on SSI recipients.

In August 1992, Hurricane Andrew

devastated south Florida causing

damage estimated in excess of $18

billion. Because of the extent of the

devastation, SSI recipients in the area

were unable to use insurance payments

to repair or replace their damaged

property within the maximum 18-month

period provided by regulations during

which those payments would not be

treated as resources. With the expiration

of this period, the payments would have

counted as resources for SSI purposes.

On March 17, 1994 (59 FR 12544), we

published interim final regulations with

a request for comments which provided

victims of Hurricane Andrew with an

additional 12-month time period in

which to repair or replace their

property.

History has shown that current

regulations generally provide a

sufficient time period for individuals to

repair or replace their excluded

resources destroyed or damaged by

natural disasters. However, in the event

disasters of the magnitude of Hurricane

Andrew occur, we wish to have the

flexibility in regulations to extend the

period that payments or in-kind

assistance for the repair or replacement

of affected excluded resources will not

count as resources.

We are proposing regulations which

provide us with the flexibility to

provide individuals with additional

time to repair or replace destroyed or

damaged excluded resources when such

disasters occur and certain other criteria

are met. These proposed regulations

will extend the maximum 18-month

period during which cash or in-kind

replacement received from any source

for purposes of repairing or replacing an

excluded resource is not counted as a

resource for up to an additional 12

months. This additional time period

only applies in the case of presidentially

declared major disasters as long as the

individual intends to repair or replace

the property and good cause still exists.

Regulatory Procedures

Executive Order 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that this rule does not meet

the criteria for a significant regulatory

action under Executive Order 12866.

Thus, it was not subject to OMB review.

Paperwork Reduction Act of 1980

These proposed regulations impose

no new reporting or recordkeeping

requirements requiring OMB clearance.

Regulatory Flexibility Act

We certify that these proposed

regulations will not have a significant

economic impact on a substantial

number of small entities because they
26388 Federal Register / Vol. 60, No. 95 / Wednesday, May 17, 1995 / Proposed Rules

affect eligibility for or the amount of SSI

payments of individuals. Therefore, a

regulatory flexibility analysis as

provided in Public Law 96–354, the

Regulatory Flexibility Act, is not

required.

(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,

Reporting and recordkeeping

requirements, Supplemental Security

Income.

Dated: May 3, 1995.

Shirley S. Chater,

Commissioner of Social Security.

Part 416 of Chapter III of Title 20 of

the Code of Federal Regulations is

amended as follows:

1. The authority citation for subpart L

of part 416 continues to read as follows:

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

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

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

2. Section 416.1232 is amended by

revising paragraph (b), by redesignating

paragraph (c) as paragraph (d) and by

adding a new paragraph (c), to read as

follows:

§ 416.1232 Replacement of lost, damaged,

or stolen excluded resources.

* * * * *

(b) The initial 9-month time period

will be extended for a reasonable period

up to an additional 9 months where we

find the individual had good cause for

not replacing or repairing the resource.

An individual will be found to have

good cause when circumstances beyond

his or her control prevented the repair

or replacement or the contracting for the

repair or replacement of the resource.

The 9-month extension can only be

granted if the individual intends to use

the cash or in-kind replacement items to

repair or replace the lost, stolen, or

damaged excluded resource in addition

to having good cause for not having

done so. If good cause is found for an

individual, any unused cash (and

interest) is counted as a resource

beginning with the month after the good

cause extension period expires.

Exception: For victims of Hurricane

Andrew only, the extension period for

good cause may be extended for up to

an additional 12 months beyond the 9-

month extension when we find that the

individual had good cause for not

replacing or repairing an excluded

resource within the 9-month extension.

(c) The time period described in

paragraph (b) of this section (except the

time period for individuals granted an

additional extension under the

Hurricane Andrew provision) may be

extended for a reasonable period up to

an additional 12 months in the case of

a catastrophe which is declared to be a

major disaster by the President of the

United States if the excluded resource is

geographically located within the

disaster area as defined by the

presidential order; the individual

intends to repair or replace the excluded

resource; and, the individual

demonstrates good cause why he or she

has not been able to repair or replace the

excluded resource within the 18-month

period.

* * * * *

[FR Doc. 95–12099 Filed 5–16–95; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF LABOR

Office of Labor-Management

Standards

29 CFR Part 452

RIN 1294–AA09

Eligibility Requirements for Candidacy

for Union Office

AGENCY: Office of Labor-Management

Standards, Labor.

ACTION: Proposed rule.

SUMMARY: The Office of LaborManagement Standards proposes to

amend its interpretative regulations on

labor organization officer elections. The

proposed amendment will add a

reference to a ruling by the Court of

Appeals for the District of Columbia

Circuit regarding the reasonableness of

meeting attendance requirements set by

labor organizations for eligibility for

union office. This amendment will

inform the public of a court decision

that guides the Office in its enforcement

actions.

DATES: Interested parties may submitted

comments on or before July 17, 1995.

ADDRESSES: Written comments should

be submitted to Edmundo A. Gonzales,

Deputy Assistant Secretary for LaborManagement Standards, Office of the

American Workplace, U.S. Department

of Labor, 200 Constitution Avenue,

NW., Room S–2203, Washington, DC

20210.

FOR FURTHER INFORMATION CONTACT: Kay

H. Oshel, Chief, Division of

Interpretations and Standards, Office of

Labor-Management Standards, Office of

the American Workplace, U.S.

Department of Labor, 200 Constitution

Avenue, NW., Room N–5605,

Washington, DC 20210, (202) 219–7373.

This is not a toll-free number.

SUPPLEMENTARY INFORMATION:

I. Background and Overview

Title IV of the Labor-Management

Reporting and Disclosure Act of 1959, as

amended (LMRDA) sets forth standards

and requirements for the election of

labor organization officers. Section

401(e) of title IV, 29 U.S.C. § 481(e),

provides in part that every member in

good standing has the right to be a

candidate subject ‘‘to reasonable

qualifications uniformly imposed.’’

In connection with the Department’s

enforcement responsibilities under

LMRDA title IV, interpretative

regulations have been promulgated, 29

CFR part 452, in order to provide the

public with information as to the

Secretary’s ‘‘construction of the law

which will guide him in performing his

[enforcement] duties.’’ 29 CFR 452.1.

Several provisions in the interpretative

regulations discuss union-imposed

qualifications on candidacy eligibility.

One of these provisions, 29 CFR 452.38,

deals specifically with meeting

attendance requirements and lists

several factors to consider in

determining whether, under ‘‘all the

circumstances,’’ a particular meeting

attendance requirement is reasonable.

On June 15, 1994, OLMS published an

advance notice of proposed rulemaking

(ANPRM) requesting comments from the

public on the possible need to modify

the interpretative regulations on

meeting attendance requirements in

order to incorporate a ruling of the

United States Court of Appeals for the

District of Columbia Circuit in Doyle v.

Brock, 821 F.2d 778 (D.C. Cir. 1987). In

Doyle, the Secretary’s decision not to

bring enforcement action under LMRDA

title IV was reviewed by the courts

pursuant to Dunlop v. Bachowski, 421

U.S. 560 (1975). (In Bachowski, the

Supreme Court held that judicial review

of the Secretary’s decision not to bring

litigation in LMRDA title IV cases is

available under the Administrative

Procedure Act.) The Secretary had

decided not to bring civil action on a

member’s complaint about his union’s

meeting attendance requirement, even

though the requirement disqualified

97% of the members. The Secretary’s

position, after reviewing the factors set

forth in 29 CFR 452.38, was that since