Federal Register / Vol. 60, No. 42 / Friday, March 3, 1995 / Notices 11977

Dated: February 24, 1995.

Susan K. Feldman,

Committee Management Officer, NIH.

[FR Doc. 95–5232 Filed 3–2–95; 8:45 am]

BILLING CODE 4140–01–M

Division of Research Grants; Closed

Meetings

Pursuant to Section 10(d) of the

Federal Advisory Committee Act, as

amended (5 U.S.C. Appendix 2), notice

is hereby given of the following Division

of Research Grants Special Emphasis

Panel (SEP) meetings:

Purpose/Agenda: To review individual

grant applications.

Name of SEP: Multidisciplinary Sciences.

Date: March 20, 1995.

Time: 1:00 p.m.

Place: NIH, Westwood Building, Room

2A07B, Telephone Conference.

Contact Person: Dr. Nada Vydelingum,

Scientific Review Administrator, 5333

Westbard Ave., Room 2A07B, Bethesda, MD

20892, (301) 594–7350.

Name of SEP: Behavioral and

Neurosciences.

Date: March 24, 1995.

Time: 9:00 a.m.

Place: Ramada Inn, Rockville, MD.

Contact Person: Dr. Luigi Giacometti,

Scientific Review Administrator, 5333

Westbard Ave., Room 325B, Bethesda, MD

20892, (301) 594–7132.

Name of SEP: Biological and Physiological

Sciences.

Date: March 28–29, 1995.

Time: 9:00 a.m.

Place: Georgetown Holiday Inn,

Washington, DC.

Contact Person: Dr. Cheryl Corsaro,

Scientific Review Administrator, 5333

Westbard Ave., Room 425A, Bethesda, MD

20892, (301) 594–7336.

The meetings will be closed in accordance

with the provisions set forth in secs.

552b(c)(4) and 552b(c)(6), Title 5, U.S.C.

Applications and/or proposals and the

discussions could reveal confidential trade

secrets or commercial property such as

patentable material and personal information

concerning individuals associated with the

application and/or proposals, the disclosure

of which would constitute a clearly

unwarranted invasion of personal privacy.

This notice is being published less than 15

days prior to the meeting due to the urgent

need to meet timing limitations imposed by

the grant review cycle.

(Catalog of Federal Domestic Assistance

Program Nos. 93.306, 93.333, 93.337, 93.393–

93.396, 93.837–93.844, 93.846–93.878,

93.892, 93.893, National Institutes of Health,

HHS)

Dated: February 24, 1995.

Susan K. Feldman,

Committee Management Officer, NIH.

[FR Doc. 95–5234 Filed 3–2–95; 8:45 am]

BILLING CODE 4140–01–M

Social Security Administration

Rescission of Social Security

Acquiescence Ruling 87-1(6)

AGENCY: Social Security Administration,

HHS.

ACTION: Notice of Rescission of Social

Security Acquiescence Ruling 87-1(6)—

Webb v. Richardson, 472 F.2d 529

(6th Cir. 1972).

SUMMARY: In accordance with 20 CFR

404.985(e) and 422.406(b)(2), the

Commissioner of Social Security gives

notice of the rescission of Social

Security Acquiescence Ruling 87-1(6).

EFFECTIVE DATE: March 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Gary Sargent, Litigation Staff, Social

Security Administration, 6401 Security

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

1695.

SUPPLEMENTARY INFORMATION: 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 or regulations

when the Government has decided not

to seek further review of the case or is

unsuccessful on further review.

As provided by 20 CFR 404.985(e)(2),

a Social Security Acquiescence Ruling

may be rescinded as obsolete if a circuit

court overrules or limits itself on an

issue that was the basis of an

Acquiescence Ruling.

On January 6, 1987, we issued

Acquiescence Ruling 87-1(6) to reflect

the holding in Webb v. Richardson, 472

F.2d 529 (6th Cir. 1972), that the

tribunal that ultimately allows an

individual’s retirement, survivor’s or

disability insurance (title II) claim may

approve an attorney’s fee covering

services provided during the entire

appeal process (at both the

administrative level of review and

before the Federal courts) and that such

approved fee is limited to 25 percent of

the past-due benefits.

On September 14, 1994, the United

States Court of Appeals for the Sixth

Circuit issued a judgment in Horenstein

v. Secretary of Health and Human

Services, 35 F.3d 261 (6th Cir. 1994) (en

banc), in which it overruled Webb and

joined seven other circuit courts by

holding that a tribunal may award

attorneys’ fees only for the services

performed before the tribunal. The Sixth

Circuit also held that only fee awards

for services performed in Federal courts,

not awards for services performed

before the Secretary, are limited to 25

percent of past-due benefits. The Sixth

Circuit recognized that section 206(b)(1)

of the Social Security Act (the Act)

establishes a separate standard for

awarding attorneys’ fees for services

performed in cases before the Federal

courts and that those fees may not

exceed 25 percent of the total past-due

benefits. The Sixth Circuit also

recognized that Congress made specific

provision under section 206(a)(1) of the

Act for awarding reasonable attorneys’

fees for services performed before the

Secretary at the administrative level,

and that these fees are not limited by

past-due benefits. Furthermore, the

circuit court found that in cases

involving court remands the court will

set attorneys’ fees, limited to 25 percent

of past-due benefits, for services

performed before it and that the

Secretary will separately set reasonable

attorneys’ fees for the services

performed at the administrative level.

Because the Sixth Circuit’s judgment

in Horenstein overruled the holding in

Webb that resulted in our issuance of

Acquiescence Ruling 87-1(6), we are

rescinding that Acquiescence Ruling.

(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.)

Dated: December 28, 1994.

Shirley S. Chater,

Commissioner of Social Security.

[FR Doc. 95–5241 Filed 3–2–95; 8:45 am]

BILLING CODE 4190–29–F

Substance Abuse and Mental Health

Services Administration

Current List of Laboratories Which

Meet Minimum Standards To Engage in

Urine Drug Testing for Federal

Agencies and Laboratories That Have

Withdrawn From the Program

AGENCY: Substance Abuse and Mental

Health Services Administration, HHS

(Formerly: National Institute on Drug

Abuse, ADAMHA, HHS).

ACTION: Notice.

SUMMARY:The Department of Health and

Human Services notifies Federal

agencies of the laboratories currently

certified to meet standards of Subpart C

of Mandatory Guidelines for Federal

Workplace Drug Testing Programs (59

FR 29916, 29925). A similar notice

listing all currently certified laboratories

will be published during the first week

of each month, and updated to include

laboratories which subsequently apply

for and complete the certification

process. If any listed laboratory’s

certification is totally suspended or