Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17443

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71 as follows:

PART 71—[AMENDED]

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. app. 1348(a), 1354(a),

1510; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 49 U.S.C. 106(g); 14 CFR

11.69.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9B, Airspace

Designations and Reporting Points,

dated July 18, 1994, and effective

September 16, 1994, is amended as

follows:

Paragraph 6002 Class E airspace area

designated as a surface area for an airport

* * * * *

ANM OR E2 North Bend, OR [Revised]

North Bend Municipal Airport, OR

(lat. 43°25′02′′ N, long. 124°14′46′′ W)

North Bend VORTAC

(lat. 43°24′56′′ N, long. 124°10′06′′ W)

Empire, LOM/NDB

(lat. 43°23′41′′ N, long. 124°18′37′′ W)

Within a 4.2-mile radius of the North Bend

Municipal Aiport, and within 1.8 miles each

side of the North Bend VORTAC 044° radial

extending from the 4.2-mile radius to 5.7

miles northeast of the VORTAC, and within

3.7 miles each side of the North Bend

VORTAC 092° radial extending from the 4.2-

mile radius to 7.5 miles east of the VORTAC,

and within 2.7 miles each side of the 241°

bearing from the Empire LOM/NDB

extending from the 4.2-mile radius to 6.1

miles southwest of the LOM/NDB.

* * * * *

Paragraph 6005 Class E airspace areas

extending upward from 700 feet or more

above the surface of the earth

* * * * *

ANM OR E5 North Bend, OR [Revised]

North Bend VORTAC

(Lat. 43°24′56′′ N, long. 124°10′06′′ W)

That airspace extending upward from 700

feet above the surface within an 8-mile radius

of the North Bend VORTAC from the 142°

radial CW to the 352° radial, and within a 14-

mile radius of the VORTAC from the 352°

radial CW to the 142° radial, and within 2.7

miles north of the North Bend VORTAC 268°

radial extending from the 8-mile radius to 11

miles west of the VORTAC, and within 1.8

miles south and 5.7 miles north of the

VORTAC 241° radial extending from the 8-

mile radius to 14.8 miles southwest; that

airspace extending upward from 1,200 feet

above the surface within a 19.2-mile radius

of the North Bend VORTAC extending

clockwise from the west edge of V–27 south

of the VORTAC, to the west edge of V–287

north of the VORTAC, and within 2.2 miles

southeast and 10.1 miles northwest of the

North Bend VORTAC 241° radial, extending

from the VORTAC to 22.2 miles southwest.

* * * * *

Issued in Seattle, Washington, on March

17, 1995.

Richard E. Prang,

Acting Manager, Air Traffic Division,

Northwest Mountain Region.

[FR Doc. 95–8507 Filed 4–5–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Social Security Administration

20 CFR Part 404

RIN 0960–AD72

Computing Benefit Amounts,

Disposing of Underpayments,

Resolving Overpayments, and

Payment Restriction

AGENCY: Social Security Administration,

HHS.

ACTION: Final rules.

SUMMARY: We are revising our rules on

computation of benefits to define the

term ‘‘first becomes eligible’’ as it relates

to a pension based on noncovered

employment. We are also revising the

computation rules to provide that we

will consider all government service

used by a pension-paying agency when

we determine whether an individual

first became eligible before 1986 for a

pension based on noncovered

employment. Further, we are also

revising our rule on determining fault

regarding overpayments to state that

benefit deductions because of net

earnings from self-employment are not

applicable after an individual attains

age 70. Additionally, we are revising our

rules on underpayments to clarify a

misleading cross-reference. Finally, we

are updating the list of countries to

which benefit payments are withheld

because of Treasury Department

restrictions.

DATES: These regulations are effective

April 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Jack Schanberger, Legal Assistant, 3–B–

1 Operations Building, 6401 Security

Boulevard, Baltimore, MD 21235, (410)

965–8471 for information about these

rules. For information on eligibility or

claiming benefits, call our national tollfree number 1–800–772–1213.

SUPPLEMENTARY INFORMATION: Section

215(a)(7) of the Social Security Act (the

Act) requires us to use a modified

formula for computing the primary

insurance amount (the basic benefit

amount) of an individual’s old-age or

disability insurance benefit if the

individual first becomes eligible after

1985 for such a benefit and for a

monthly periodic payment based on

noncovered employment. The modified

formula applies to individuals who are

concurrently entitled to such a monthly

periodic payment and to old-age or

disability benefits under title II of the

Act. It results in a lower primary

insurance amount than would have

been computed if the monthly periodic

payment had not been considered.

However, neither the Act nor our

regulations at 20 CFR 404.213 define the

phrase ‘‘first becomes eligible.’’

In defining ‘‘first becomes eligible,’’

we have identified two interpretations

which pertain to the date creditable

service is acquired. One interpretation is

that an individual first becomes eligible

when he or she has currently acquired

enough service to qualify for a pension.

The other interpretation is that an

individual first becomes eligible when

he or she has acquired enough service

to qualify for a pension, regardless of

when the service was acquired.

We recently became aware that some

individuals have purchased credit for

prior service, e.g., military service,

which could affect their eligibility date

and allow them to become eligible

before 1986 for a monthly pension based

on noncovered employment. Such an

individual would thus be excluded from

the modified computation because he or

she first became eligible for the monthly

pension before 1986. There is no

restriction in the Act which precludes

using purchased credit to establish

eligibility before 1986 for a monthly

pension based on noncovered
17444 Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations

employment and we see no reason not

to consider purchased credits when

deciding whether the modified

computation applies.

We have adopted the interpretation

that we will consider all applicable

service used by the pension-paying

agency, regardless of when the service

was acquired. Under this interpretation,

an individual ‘‘first become eligible’’ for

a monthly periodic payment for the first

month (including a past month) that the

individual meets all the requirements

for the payment except stopping work or

applying for the payment. We are,

therefore, amending § 404.213(a) to

include the definition of ‘‘first becomes

eligible’’ and our policy on applicable

service.

Regarding underpayments, the current

§ 404.503(b), which reflects section

204(d) of the Act, provides that if an

individual dies before receiving a title II

benefit payment, the underpayment so

created is payable to a person or persons

in an order of priority as specified in

that section. Paragraph (3) of

§ 404.503(b) provides that if there is no

one higher in the order of priority, the

underpayment may be paid to the

‘‘parent or parents of the deceased

individual (as defined in § 404.374)

entitled to a monthly benefit on the

basis of the same earnings record as was

the deceased individual’’ in the month

of death. Under paragraph (6) of

§ 404.503(b), if there is no one higher in

the order of priority, the underpayment

may be paid to the ‘‘parent or parents

of the deceased individual (as defined

in § 404.374) who do not qualify under

paragraph (b)(3).’’

Section 404.374 defines ‘‘parent’’ as

the natural, adoptive, or stepparent of

an insured person and is based on the

statutory requirements for eligibility for

benefits as the parent of an insured

worker. However, these stringent

criteria are not required for purposes of

receiving an underpayment. Section

204(d) (3) and (6) of the Act require only

that the individual be the parent of the

deceased underpaid beneficiary. The

cross reference to § 404.374 in

§ 404.503(b) (3) and (6) results in an

unduly restrictive definition of a parent

who is eligible for an underpayment.

We are, therefore, revising § 404.503(b)

(3) and (6) so that for purposes of

eligibility for an underpayment, the

definition of ‘‘parent’’ in § 404.374 is

extended to a parent of any deceased

individual who was entitled to social

security benefits.

Regarding overpayments, we are

amending § 404.510, which lists the

situations where an individual may be

considered to be ‘‘without fault’’ for

accepting an incorrect benefit payment.

Paragraph (l) of that section explains

that the overpaid individual may be

‘‘without fault’’ in causing the

overpayment if he or she reasonably

believed that net earnings from selfemployment after attaining age 72 in a

taxable year would not be cause for

deductions from benefits for months in

the year of attaining age 72 that are

before the month of attainment. For

months after 1982, the age at which

social security beneficiaries are no

longer subject to an earnings test has

been reduced from age 72 to age 70.

This reduction from age 72 to 70 is

based on section 302 of Pub. L. 95–216

(the Social Security Amendments of

1977) which became effective for

months after December 1982, as

provided in section 2204 of Pub. L. 97–

35 (the Omnibus Budget Reconciliation

Act of 1981). We are, therefore, revising

§ 404.510(l) to change age 72 to age 70

for months after December 1982.

Our final amendment in these

regulations is to delete Albania and the

German Democratic Republic from the

list in § 404.460 of countries to which

the Department of the Treasury will not

send benefit checks. On November 7,

1991, the Department of the Treasury

removed the German Democratic

Republic from the Withheld Check List

set out in 31 CFR 211.1 by publishing

final rules in the Federal Register at 56

FR 56931. On September 30, 1992, the

Department removed Albania from the

list by publishing final rules in the

Federal Register at 57 FR 44998.

On July 20, 1994, we published

proposed rules in the Federal Register

at 59 FR 37000 with a 60-day comment

period. We received no comments on

those proposed rules. We are, therefore,

publishing the proposed rules

essentially unchanged as final rules.

Regulatory Procedures

Executive Order No. 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that these rules do not meet

the criteria for a significant regulatory

action under E.O. 12866. Thus, they

were not subject to OMB review.

Regulatory Flexibility Act

We certify that these final rules will

not have a significant economic impact

on a substantial number of small entities

since these rules affect only individuals.

Therefore, a regulatory flexibility

analysis as provided in Pub. L. 96–354,

the Regulatory Flexibility Act, is not

required.

Paperwork Reduction Act

These final rules impose no

additional reporting or recordkeeping

requirements subject to Office of

Management and Budget clearance.

(Catalog of Federal Domestic Assistance

Program Nos. 93.802 Social Security—

Disability Insurance; 93.803 Social

Security—Retirement Insurance; 93.805

Social Security—Survivors Insurance).

List of Subjects in 20 CFR Part 404

Administrative practice and

procedure; Blind; Disability benefits,

Old-Age, Survivors, and Disability

Insurance; Reporting and recordkeeping

requirements; Social Security.

Dated: February 1, 1995.

Shirley S. Chater,

Commissioner of Social Security.

Approved: March 30, 1995.

Donna E. Shalala,

Secretary of Health and Human Services.

For the reasons set out in the

preamble, we are amending subparts C,

E, and F of part 404 of 20 CFR chapter

III as follows:

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE (1950– )

1. The authority citation for subpart C

of part 404 continues to read as follows:

Authority: Secs. 202(a), 205(a), 215, and

1102 of the Social Security Act; 42 U.S.C.

402(a), 405(a), 415, and 1302.

2. Section 404.213 is amended by

adding two sentences after the first

sentence of paragraph (a)(3) to read as

follows:

§ 404.213 Computation where you are

eligible for a pension based on your

noncovered employment.

(a) * * *

(3) * * *

We consider you to first become

eligible for a monthly pension in the

first month for which you met all

requirements for the pension except that

you were working or had not yet

applied. In determining whether you are

eligible for a pension before 1986, we

consider all applicable service used by

the pension-paying agency. * * *

* * * * *

3. The authority citation for subpart E

of part 404 continues to read as follows:

Authority: Secs. 202, 203, 204 (a) and (e),

205 (a) and (c), 222(b), 223(e), 224, 227, and

1102 of the Social Security Act; 42 U.S.C.

402, 403, 404 (a) and (e), 405 (a) and (c),

422(b), 423(e), 424, 427, and 1302.

4. Section 404.460 is amended by

revising the list of countries in

paragraph (c)(3) to read as follows:

§ 404.460 Nonpayment of monthly benefits

of aliens outside the United States.

* * * * *
Federal Register / Vol. 60, No. 66 / Thursday, April 6, 1995 / Rules and Regulations 17445

(c) * * *

(3) * * *

Cuba

Democratic Kampuchea (formerly

Cambodia)

North Korea

Vietnam

* * * * *

5. The authority citation for subpart F

of part 404 continues to read as follows:

Authority: Secs. 204(a)–(d), 205(a), and

1102 of the Social Security Act; 31 U.S.C.

3720A; 42 U.S.C. 404(a)–(d), 405(a), and

1302.

6. Section 404.503 is amended by

revising paragraphs (b)(3) and (b)(6) to

read as follows:

§ 404.503 Underpayments.

* * * * *

(b) * * *

(3) The parent or parents of the

deceased individual, entitled to a

monthly benefit on the basis of the same

earnings record as was the deceased

individual for the month in which such

individual died (if more than one such

parent, in equal shares to each such

parent). For this purpose, the definition

of ‘‘parent’’ in § 404.374 includes the

parent(s) of any deceased individual

who was entitled to benefits under title

II of the Act.

* * * * *

(6) The parent or parents of the

deceased individual, who do not qualify

under paragraph (b)(3) of this section (if

more than one such parent, in equal

shares to each such parent). For this

purpose, the definition of ‘‘parent’’ in

§ 404.374 includes the parent(s) of any

deceased individual who was entitled to

benefits under title II of the Act.

* * * * *

7. Section 404.510 is amended by

revising paragraph (l) to read as follows:

§ 404.510 When an individual is ‘‘without

fault’’ in a deduction overpayment.

* * * * *

(l) Reasonable belief, with respect to

earnings activity for months after

December 1982, that net earnings from

self-employment after attainment of age

70 (age 72 for months after December

1972 and before January 1983) in the

taxable year in which such age was

attained would not cause deductions

(see § 404.430(a)) with respect to

benefits payable for months in that

taxable year prior to the attainment of

such age.

* * * * *

[FR Doc. 95–8399 Filed 4–5–95; 8:45 am]

BILLING CODE 4190–29–M

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Community Planning and

Development

24 CFR Part 570

[Docket No. R–95–1729; FR–3474–F–03]

RIN 2506–AB53

Community Development Block Grant

Program Economic Development

Guidelines; Final Rule and Guidelines;

Technical Amendments

AGENCY: Office of the Assistant

Secretary for Community Planning and

Development, HUD.

ACTION: Final rule and guidelines;

technical amendments.

SUMMARY: The Department published in

the Federal Register, a final rule and

guidelines that established guidelines to

assist Community Development Block

Grant (CDBG) recipients in evaluating

and selecting economic development

activities for assistance with CDBG

funds. The purpose of this document is

to make certain clarifying technical

amendments to that final rule.

EFFECTIVE DATE: February 6, 1995.

FOR FURTHER INFORMATION CONTACT:

James R. Broughman, Director, Office of

Block Grant Assistance, Room 7286, 451

Seventh Street, SW., Washington, DC

20410. Telephone: (202) 708–3587;

TDD: (202) 708–2565. (These are not

toll-free numbers).

SUPPLEMENTARY INFORMATION:

List of Subjects in 24 CFR Part 570

Administrative practice and

procedure, American Samoa,

Community development block grants,

Grant programs—education, Grant

programs—housing and community

development, Guam, Indians, Lead

poisoning, Loan programs—housing and

community development, Low and

moderate income housing, New

communities, Northern Mariana Islands,

Pacific Islands Trust Territory, Pockets

of poverty, Puerto Rico, Reporting and

recordkeeping requirements, Small

cities, Student aid, Virgin Islands.

Accordingly, 24 CFR part 570 is

amended as follows:

PART 570—COMMUNITY

DEVELOPMENT BLOCK GRANTS

1. The authority citation for 24 CFR

part 570 continues to read as follows:

Authority: 42 U.S.C. 3535(d) and 5300–

5320.

§ 570.200 [Amended]

2. In § 570.200, paragraph (f)(2) is

amended by removing the word

‘‘subrecipients’’, and by adding in its

place the word ‘‘entities’’.

3. Section 570.208 is amended by

revising paragraph (a)(1)(v), to read as

follows:

§ 570.208 Criteria for national objectives.

(a) * * *

(1) * * *

(v) Activities meeting the

requirements of paragraph (d)(5)(i) of

this section may be considered to

qualify under this paragraph, provided

that the area covered by the strategy is

either a Federally-designated

Empowerment Zone or Enterprise

Community or primarily residential and

contains a percentage of low- and

moderate-income residents that is no

less than the percentage computed by

HUD pursuant to paragraph (a)(1)(ii) of

this section or 70 percent, whichever is

less, but in no event less than 51

percent. Activities meeting the

requirements of paragraph (d)(6)(i) of

this section may also be considered to

qualify under paragraph (a)(1) of this

section.

* * * * *

§ 570.208 [Amended]

4. In § 570.208, paragraph (a)(4)(vi)(B)

is amended by removing the phrase ‘‘a

subrecipient’’, and by adding in its

place the phrase ‘‘an entity’’.

5. In § 570.208, paragraph

(a)(4)(vi)(F)(2) is amended by removing

the cross-reference to ‘‘paragraph

(a)(4)(v)(C)(1) of this section’’, and by

adding in its place the cross-reference to

‘‘paragraph (a)(4)(vi)(F)(1) of this

section’’.

§ 570.209 [Amended]

6. In § 570.209, paragraph (b)

introductory text is amended by

removing the cross-reference to

‘‘§ 570.208(a)(4)(vi)(D)(2)’’, and by

adding in its place the cross-reference to

‘‘§ 570.208(a)(4)(vi)(F)(2)’’.

§ 570.483 [Amended]

7. In § 570.483, paragraph (b)(4)(vi)(B)

is amended by removing the phrase ‘‘a

subrecipient’’, and by adding in its

place the phrase ‘‘an entity’’.

8. In § 570.483, paragraph

(b)(4)(vi)(F)(2) is amended by removing

the cross-reference to ‘‘paragraph

(b)(4)(iii)(C)(1) of this section’’, and by

adding in its place the cross-reference to

‘‘paragraph (b)(4)(vi)(F)(1) of this

section’’.

9. Section 570.500 is amended by:

a. Amending paragraph (a)(4)(ii) by

removing the period from the end of the