Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Proposed Rules 19011

Before an Administrative Law Judge’’ to

read as follows:

§ 416.1442 Prehearing proceedings and

decisions by attorney advisors.

(a) General. After a hearing is

requested but before it is held, an

attorney advisor in our Office of

Hearings and Appeals may conduct

prehearing proceedings as set out in

paragraph (c) of this section. If upon the

completion of these proceedings, a

decision that is wholly favorable to you

and all other parties may be made, an

attorney advisor, instead of an

administrative law judge, may issue

such a decision. The conduct of the

prehearing proceedings by the attorney

advisor will not delay the scheduling of

a hearing. If the prehearing proceedings

are not completed before the date of the

hearing, the case will be sent to the

administrative law judge unless a

wholly favorable decision is in process

or you and all other parties to the

hearing agree in writing to delay the

hearing until the proceedings are

completed.

(b) When prehearing proceedings may

be conducted by an attorney advisor. An

attorney advisor may conduct

prehearing proceedings if you have filed

a claim for SSI benefits based on

disability and—

(1) New and material evidence is

submitted;

(2) There is an indication that

additional evidence is available;

(3) There is a change in the law or

regulations; or

(4) There is an error in the file or

some other indication that a wholly

favorable decision may be issued.

(c) Nature of the prehearing

proceedings that may be conducted by

an attorney advisor. As part of the

prehearing proceedings, the attorney

advisor, in addition to reviewing the

existing record, may—

(1) Request additional evidence that

may be relevant to the claim, including

medical evidence; and

(2) If necessary to clarify the record

for the purpose of determining if a

wholly favorable decision is warranted,

schedule a conference with the parties.

(d) Notice of a decision by an attorney

advisor. If the attorney advisor issues a

wholly favorable decision under this

section, we shall mail a written notice

of the decision to all parties at their last

known address. We shall state the basis

for the decision and advise all parties

that an administrative law judge will

dismiss the hearing request unless a

party requests that the hearing proceed.

A request to proceed with the hearing

must be made in writing within 30 days

after the date the notice of the decision

of the attorney advisor is mailed.

(e) Effect of actions under this section.

If under this section, an administrative

law judge dismisses a request for a

hearing, the dismissal is binding in

accordance with § 416.1459 unless it is

vacated by an administrative law judge

or the Appeals Council pursuant to

§ 416.1460. A decision made by an

attorney advisor under this section is

binding unless—

(1) A party files a request to proceed

with the hearing pursuant to paragraph

(d) of this section and an administrative

law judge makes a decision;

(2) The Appeals Council reviews the

decision on its own motion pursuant to

§ 416.1469 as explained in paragraph

(f)(3) of this section; or

(3) The decision of the attorney

advisor is revised under the procedures

explained in § 416.1487.

(f) Ancillary provisions. For the

purposes of the procedures authorized

by this section, the regulations of part

416 shall apply to—

(1) Authorize an attorney advisor to

exercise the functions performed by an

administrative law judge under

§§ 416.920a, 416.924d(b), and 416.946;

(2) Define the term ‘‘decision’’ to

include a decision made by an attorney

advisor, as well as the decisions

identified in § 416.1401; and

(3) Make the decision of an attorney

advisor subject to review by the Appeals

Council under § 416.1469 if an

administrative law judge dismisses the

request for a hearing following issuance

of the decision, and the Appeals

Council decides to review the decision

of the attorney advisor anytime within

60 days after the date of the dismissal.

(g) Sunset provision. The provisions

of this section will no longer be effective

on (insert date 2 years after the date the

final rule is published in the Federal

Register) unless they are extended by

the Commissioner of Social Security by

publication of a final rule in the Federal

Register.

[FR Doc. 95–9028 Filed 4–13–95; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF THE INTERIOR

National Park Service

36 CFR Part 13

RIN 1024–AC25

Alaska; Trapping Regulations

AGENCY: National Park Service, Interior.

ACTION: Proposed rule; re-opening of

public comment period.

SUMMARY: This proposed rule is a

clarification of the National Park Service

(NPS) restriction on the use of firearms

and other weapons by trappers. The

rulemaking addresses only the

clarification of the language regarding

trapping and the use of firearms in the

taking of wildlife under a trapping

license. This proposed rule, the

substance of which was printed as a

proposed rule along with a proposed

rule to prohibit same-day-airborne

hunting in national park areas on

November 15, 1994 (59 FR 58804),

extends the comment period for another

60–days to allow additional review and

comment by interested groups and

persons. The same-day-airborne hunting

portion of the original proposed rule

was published as a Final Rule on April

11, 1995 in a separate document.

DATES: Comments will be accepted until

June 13, 1995.

ADDRESSES: Comments should be

addressed to Robert D. Barbee, Regional

Director, National Park Service, 2525

Gambell Street, Anchorage, AK 99503–

2892 (Fax 907–257–2533).

FOR FURTHER INFORMATION CONTACT: Paul

Hunter, National Park Service, Alaska

Regional Office, 2525 Gambell Street,

Anchorage, AK 99503–2892 (Telephone

907–257–2646; Fax 907–257–2410).

SUPPLEMENTARY INFORMATION:

Extended Comment Period: Firearm

Restriction for Trapping

This document announces a 60-day

re-opening of the comment period for

the trapping clarification portion of the

proposed rule published in the Federal

Register on November 15, 1994 (59 FR

58804). The clarification portion, 36

CFR 13.21(d)(5), of the proposed rule,

relates to existing regulations (36 CFR

13.1(u) and 36 CFR 1.4(a)) that generally

prohibit the use of a firearm for trapping

in NPS-managed areas in Alaska. The

initial comment period expired on

December 15, 1994. Many comments

received during this comment period,

including comments from local advisory

groups, governmental units and Alaska

residents, requested additional time to

review the proposed clarification and

the existing regulation. Although this

provision of the regulation has been in

effect since 1981, there is apparent

confusion regarding its intent and effect,

as well as its relationship to existing

hunting and trapping practices. The

extended comment period will allow

full examination of these issues.

Accordingly, the comment period for

the clarification portion of the proposed

rule concerning the use of firearms and

weapons to take wildlife under a

trapping license is hereby extended for
19012 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Proposed Rules

an additional 60 days. The existing

prohibition remains in effect and further

rulemaking on this portion of the

original proposed rule is held in

abeyance until after review of the public

comments.

Dated: April 7, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 95–9251 Filed 4–13–95; 8:45 am]

BILLING CODE 4310–70–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 93–74; RM–8153]

Radio Broadcasting Services; Yermo,

CA

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule; dismissal.

SUMMARY: This document dismisses a

petition filed on behalf of Antelope

Broadcasting, Co., Inc., permittee of

Station KYHT(FM), Yermo, California,

requesting the substitution of Channel

287B1 for Channel 287A at Yermo, and

modification of its facilities accordingly,

based upon its withdrawal of interest in

pursuing its modification request

through the rule making process. See 58

FR 19395, April 14, 1993. With this

action the proceeding is terminated.

FOR FURTHER INFORMATION CONTACT:

Nancy Joyner, Mass Media Bureau, (202)

418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 93–74,

adopted April 3, 1995, and released

April 11, 1995. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW,

Washington, D.C. The complete text of

this decision may also be purchased

from the Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3800, 2100 M Street,

NW, Suite 140, Washington, D.C. 20037.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–9221 Filed 4–13–95; 8:45 am]

BILLING CODE 6712–01–F

47 CFR Part 73

[MM Docket No. 95–37, RM–8586]

Television Broadcasting Services;

Waimanalo, HI

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition by Joyce

Cathcart, proposing the allotment of

Television Channel 56 to Waimanalo,

Hawaii, as that community’s first local

television service. The allotment can be

made consistent with the minimum

distance separation requirements of

Section 73.610 of the Commission’s

Rules. The coordinates for the proposed

allotment of Channel 56 to Waimanalo

are 21–21–00 and 157–43–12. This

proposal is not affected by the freeze on

television allotments or applications.

DATES: Comments must be filed on or

before June 1, 1995, and reply

comments on or before June 16, 1995.

ADDRESSES: Federal Communications

Commission, Washington, D.C. 20554.

In addition to filing comments with the

FCC, interested parties should serve the

petitioner, or its counsel or consultant,

as follows: Joyce Cathcart, 1508 Halekoa

Drive, Ainakoa, Hawaii (Petitioner).

FOR FURTHER INFORMATION CONTACT:

Nancy J. Walls, Mass Media Bureau,

(202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–37, adopted March 28, 1995, and

released April 10, 1995. The full text of

this Commission decision is available

for inspection and copying during

normal business hours in the FCC

Reference Center (Room 239), 1919 M

Street, NW, Washington, D.C. The

complete text of this decision may also

be purchased from the Commission’s

copy contractors, International

Transcription Service, (202) 857–3800,

1919 M Street, NW, Room 246, or 2100

M Street, NW, Suite 140, Washington,

D.C. 20037.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.204(b) for rules governing

permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–9220 Filed 4–13–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 234

[FRA Docket No. RSGC–6; Notice No. 3]

RIN 2130—AA92

Selection and Installation of Grade

Crossing Warning Systems; Notice of

Proposed Rulemaking

AGENCY: Federal Railroad

Administration (FRA), Department of

Transportation (DOT).

ACTION: Change of hearing date and

extension of comment period.

SUMMARY: On April 7, 1995, FRA

published in the Federal Register a

notice changing the hearing date in this

rulemaking from May 9, 1995 to April

24, 1995.

FRA has reconsidered the hearing

schedule as a result of comments from

members of the public regarding the

hardship that would be imposed on

those wishing to participate in the

hearings by the shortened time from

resulting from the date change.

FRA is accordingly canceling the

hearing scheduled for April 24, 1995

and will instead hold two days of

hearings in this matter on Tuesday June

6, and Wednesday, June 7, 1995. The

hearing location remains the same and

will be held in room 2230 of the Nassif

Building, DOT Headquarters Building,

400 Seventh S.W., Washington, D.C.

The comment period in this

rulemaking is also being extended.

Comments will be accepted through

June 14, 1995.

We apologize for any inconvenience

this rescheduling may cause however,

we believe that this change in hearing

dates will provide greater opportunity

for all interested parties to participate in

this rulemaking.

DATES: (1) Written comments must be

received no later than June 14, 1995.

Comments received after that date will

be considered to the extent possible