31022 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

Issued in Washington, DC, on June 11,

1996.

Harold W. Becker,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 96–15635 Filed 6–18–96; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 73

[Airspace Docket No. 96–ASO–8]

Change in Using Agency for Restricted

Area R–2905A and R–2905B, Tyndall

AFB, FL

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action changes the using

agency for Restricted Area 2905A (R–

2905A) and R–2905B, Tyndall Air Force

Base (AFB), FL, from ‘‘Air Defense

Weapons Center, Tyndall AFB, FL’’ to

‘‘325 Fighter Wing (FW), Tyndall AFB,

FL.’’

EFFECTIVE DATE: 0901 UTC, August 15,

1996.

FOR FURTHER INFORMATION CONTACT: Paul

Gallant, Airspace and Rules Division,

ATA–400, Office of Air Traffic Airspace

Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

The Rule

This amendment to 14 CFR part 73

changes the using agency for R–2905A

and R–2905B, Tyndall AFB, FL, from

‘‘Air Defense Weapons Center, Tyndall

AFB, FL’’ to ‘‘325 FW, Tyndall AFB,

FL.’’ This is an administrative change to

reflect a reorganization of

responsibilities within the United States

Air Force. There are no changes to the

boundaries, designated altitudes, times

of designation, or activities conducted

within the affected restricted areas.

Because this action is a minor technical

amendment in which the public would

not be particularly interested, I find that

notice and public procedure under 5

U.S.C. 553(b) are unnecessary. Section

73.29 of part 73 of the Federal Aviation

Regulations was republished in FAA

Order 7400.8C dated June 29, 1995.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

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.

Environmental Review

This action changes the using agency

of the affected restricted areas. There are

no changes to the boundaries,

designated altitudes, times of

designation, or activities conducted

within these restricted areas. Further,

this action will not require any changes

to existing air traffic procedures.

Accordingly, this action is not subject to

environmental assessments and

procedures as set forth in FAA Order

1050.1D, ‘‘Policies and Procedures for

Considering Environmental Impacts.’’

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 73 as follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389; 14 CFR 11.69.

§ 73.29 [Amended]

2. R–2905A Tyndall AFB, FL

[Amended]

By removing ‘‘Using agency. Air

Defense Weapons Center, Tyndall AFB,

FL’’ and substituting the following:

‘‘Using agency. 325 FW, Tyndall AFB,

FL.’’

3. R–2905B Tyndall AFB, FL

[Amended]

By removing ‘‘Using agency. Air

Defense Weapons Center, Tyndall AFB,

FL’’ and substituting the following:

‘‘Using agency. 325 FW, Tyndall AFB,

FL.’’

Issued in Washington, DC, on June 11,

1996.

Harold W. Becker,

Acting Program Director for Air Traffic,

Airspace Management.

[FR Doc. 96–15634 Filed 6–18–96; 8:45 am]

BILLING CODE 4910–13–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Regulations Nos. 4 and 16]

RIN 0960–AD39

Payment for Vocational Rehabilitation

Services Furnished Individuals During

Certain Months of Nonpayment of

Supplemental Security Income

Benefits

AGENCY: Social Security Administration

(SSA).

ACTION: Final rules.

SUMMARY: We are amending our

regulations relating to payment for

vocational rehabilitation (VR) services

provided to recipients of supplemental

security income (SSI) benefit payments

based on disability or blindness under

title XVI of the Social Security Act (the

Act). These regulations reflect section

5037 of the Omnibus Budget

Reconciliation Act of 1990 (OBRA

1990). Section 5037 of OBRA 1990

added section 1615(e) to the Act which

authorizes the Commissioner of Social

Security (the Commissioner) to pay a

State VR agency for costs incurred in

furnishing VR services to an individual

during certain months for which the

individual did not receive SSI payments

based on disability or blindness as well

as during months for which the

individual did receive such payments.

We also are amending our regulations

on VR payments to clarify certain rules

and remove some outdated rules.

EFFECTIVE DATE: These regulations are

effective June 19, 1996.

FOR FURTHER INFORMATION CONTACT:

Regarding this Federal Register

document—Richard M. Bresnick, Legal

Assistant, Division of Regulations and

Rulings, Social Security Administration,

6401 Security Boulevard, Baltimore, MD

21235, (410) 965–1758; regarding

eligibility or filing for benefits—our

national toll-free number, 1–800–772–

1213.

SUPPLEMENTARY INFORMATION: We are

amending our regulations on payment

for VR services provided to individuals

receiving SSI benefits based on

disability or blindness. These amended

regulations reflect section 5037 of OBRA

1990, Public Law (Pub. L.) 101–508,

which added paragraph (e) to section

1615 of the Act. Our existing regulations

concerning payment for such services

carry out the provisions of section

1615(d) of the Act.

In general, section 1615(d) of the Act

authorizes the Commissioner to

reimburse a State VR agency for the

costs incurred in providing VR services
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31023

to individuals receiving SSI benefits

under title XVI of the Act based on

disability or blindness in three

categories of cases. Specifically, section

1615(d) permits payment for VR

services furnished to such individuals

only in cases where: (1) The furnishing

of such services results in the

individual’s performance of substantial

gainful activity (SGA) for a continuous

period of nine months; (2) the

individual is continuing to receive

benefits, despite his or her medical

recovery, under section 1631(a)(6) of the

Act because of his or her participation

in a VR program; or (3) the individual,

without good cause, refuses to continue

to accept VR services or fails to

cooperate in such a manner as to

preclude his or her successful

rehabilitation. (In such a case of refusal

to continue or cooperate in a VR

program, payments are authorized only

for the VR services provided prior to the

cessation of VR participation. If the

individual resumes participation, then

payments are authorized for the VR

services provided after participation is

resumed only if all requirements for

payment are met.) These cases are

described in sections 1615(d) (1), (2)

and (3) of the Act, respectively, and in

§§ 416.2211–416.2213 of our

regulations.

Under section 1615(d) of the Act,

payment may be made for VR services

furnished by a State VR agency, i.e., an

agency administering a State plan for

VR services approved under title I of the

Rehabilitation Act of 1973, as amended.

However, in the case of a State which

is unwilling to participate or does not

have such a plan for VR services, our

regulation at § 416.2204 provides that

we may arrange for VR services for an

SSI recipient who is disabled or blind

through an alternative VR service

provider (alternate participant) and pay

such provider for the costs of services

under the same terms and conditions

that apply to State VR agencies. This

regulation is based in part on section

222(d)(2) of the Act, which provides for

the use of alternate participants in the

VR payment program under title II of

the Act (relating to the rehabilitation of

Social Security disability beneficiaries),

and on the authority provided to the

Commissioner under section 1633(a) of

the Act to make such administrative and

other arrangements as may be necessary

or appropriate to carry out title XVI of

the Act, including making arrangements

under title XVI in the same manner as

they are made under title II.

Prior to the enactment of OBRA 1990,

SSA was authorized to pay a State VR

agency under section 1615(d) of the Act

only for VR services that were provided

to an individual during months for

which the individual received SSI

benefits based on disability or

blindness, including benefits payable

under section 1611 or 1619(a) of the Act

or, for cases under section 1615(d)(2),

discussed above, continued payment of

such benefits under section 1631(a)(6) of

the Act. This is reflected in our existing

regulations at §§ 416.2201, 416.2203 and

416.2215(a)(2).

Section 5037 of OBRA 1990 added

section 1615(e) to the Act to provide us

the authority to pay a State VR agency

under section 1615(d) for the costs

described in that section that are

incurred in providing VR services to an

individual during certain months for

which the individual was not receiving

SSI benefits based on disability or

blindness as well as during months for

which the individual was receiving

such benefits. Under section 1615(e) of

the Act, payment may be made for VR

services in a case described in section

1615(d)(1), (2) or (3) of the Act which

are provided to an individual in a

month for which the individual

receives, i.e., is eligible for—

• SSI cash benefits under section

1611 or special SSI cash benefits under

section 1619(a) of the Act (this is the

same as under prior law);

• A special status for Medicaid under

section 1619(b) of the Act; or

• A federally administered State

supplementary payment under section

1616 of the Act or section 212(b) of Pub.

L. 93–66.

In addition, section 1615(e) of the Act

permits payment for VR services

provided in a month for which an

individual was ineligible for the benefits

or special status described above for a

reason other than cessation of disability

or blindness, if such month occurred

prior to the 13th consecutive month of

such ineligibility following a month for

which the individual was eligible for

such benefits or special status. This

means that payment may be made for

VR services furnished during a month

for which an individual’s benefit

payment or special status for Medicaid

under section 1619(b) was suspended.

Section 1615(e) of the Act became

effective November 5, 1990, the date of

the enactment of OBRA 1990, and

applies to claims for reimbursement

pending on or after that date. This

amendment to the Act, which allows us

to reimburse a State VR agency or

alternate participant for VR services

furnished during certain months for

which an individual was not receiving

SSI benefits, responds to a

recommendation in the March 1988

Report of the Disability Advisory

Council that the Congress amend the

Act to permit SSA to pay for VR services

provided in months when an individual

is in suspension status.

Changes to the VR Payment Regulations

These final rules amend the existing

regulations concerning the SSI VR

payment program under title XVI of the

Act to take account of the provisions of

section 1615(e) of the Act which permit

payment for VR services furnished

during certain months for which a

disabled or blind individual does not

receive SSI benefits. These rules also

make some other changes in the existing

VR payment regulations to clarify

certain rules and delete some obsolete

rules. These changes affect the

regulations governing the Social

Security VR payment program under

title II of the Act as well as the

regulations concerning the SSI VR

payment program under title XVI. The

existing Social Security VR payment

regulations carry out section 222(d) of

the Act which contains provisions that

are similar to the provisions of section

1615(d) of the Act, except that they

apply to payment for VR services

provided to individuals entitled to

Social Security benefits based on

disability under title II.

Changes to the Regulations to

Implement Section 1615(e) of the Act

We are amending § 416.2201 to

explain that, in general, sections 1615(d)

and (e) of the Act authorize payment for

costs of VR services provided to certain

disabled or blind individuals who are

eligible for SSI benefits, special SSI

eligibility status, or federally

administered State supplementary

payments. In the amendment to

§ 416.2201, we also explain that for the

purpose of the SSI VR payment

regulations, we refer to SSI benefits,

special SSI eligibility status, or federally

administered State supplementary

payments as ‘‘disability or blindness

benefits.’’ Additionally, we are adding a

corresponding definition of ‘‘disability

or blindness benefits’’ for this purpose

in § 416.2203, discussed below.

The amendment to § 416.2201 further

explains that, subject to the other

requirements and conditions for

payment prescribed in the regulations,

payment may be made for VR services

which are furnished during a month(s)

for which an individual is eligible for

disability or blindness benefits or

continues to receive such benefits under

section 1631(a)(6) of the Act, or which

are furnished during a month(s) for

which the individual’s disability or

blindness benefits are suspended. This

rule also is reflected in the revised

§ 416.2215, discussed below.
31024 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

In § 416.2203, ‘‘Definitions,’’ we are

deleting the paragraph defining

‘‘eligible,’’ which discusses eligibility

for SSI benefits only, and adding a new

paragraph to explain the meaning of

‘‘disability or blindness benefits’’ when

used in the SSI VR payment regulations.

These final rules provide that

‘‘disability or blindness benefits,’’ as

defined for the SSI VR payment

regulations only, refer to regular SSI

benefits under section 1611 of the Act,

special SSI cash benefits under section

1619(a) of the Act, special SSI eligibility

status under section 1619(b) of the Act,

and/or a federally administered State

supplementary payment under section

1616 of the Act or section 212(b) of Pub.

L. 93–66, for which an individual is

eligible based on disability or blindness,

as appropriate. Thus, in these final VR

payment regulations, when we use the

terms ‘‘disability or blindness benefits’’

with reference to the SSI program, we

mean the benefits, status, or payments

referred to in section 1615(e) of the Act.

As used in this preamble, ‘‘disability or

blindness benefits’’ has the same

meaning as in the final rules. Further, in

§ 416.2203, we are defining the phrase

‘‘special SSI eligibility status’’ to refer to

the special status for Medicaid under

section 1619(b) of the Act since this is

the phrase we use to describe the

special status in our other SSI

regulations, e.g., §§ 416.260 and

416.264.

We are also amending several sections

of the SSI VR payment regulations to

replace phrases such as ‘‘disability or

blindness payment’’ with the phrase

‘‘disability or blindness benefits’’ and to

substitute the term ‘‘benefits’’ for

‘‘payment’’ or ‘‘payments’’ as the

context requires. We are making these

changes to §§ 416.2201(b), 416.2209 (b)

and (c), 416.2212, 416.2213(c), 416.2215

(a) and (b), and 416.2216(c)(2).

Section 416.2215(a) of our existing

regulations provides that in order for the

State VR agency or alternate participant

to be paid, the VR services must have

been provided—(1) after September 30,

1981; (2) during months the individual

is eligible for SSI disability or blindness

payments; and (3) before completion of

a continuous 9-month period of SGA.

We are revising paragraph (a)(2) of

§ 416.2215 to provide that to be payable,

the VR services must have been

provided during a month or months for

which—(i) the individual is eligible for

disability or blindness benefits or

continues to receive such benefits under

section 1631(a)(6) of the Act; or (ii) the

disability or blindness benefits of the

individual are suspended due to his or

her ineligibility for the benefits. We are

also revising paragraph (a)(3) of

§ 416.2215 to provide that the VR

services must have been provided prior

to the completion of a continuous 9-

month period of SGA or termination of

disability or blindness benefits,

whichever occurs first.

The revisions to § 416.2215 (a)(2) and

(a)(3) provide cross-references to the

regulations in Subpart M of 20 CFR Part

416 which contain our rules on

suspension and termination of benefits

under the SSI program. In general, these

regulations provide that unless a

termination of an individual’s eligibility

for benefits is required, an individual’s

benefits will be suspended for any

month for which the individual no

longer meets the requirements for

eligibility for benefits under the SSI

program. Termination of eligibility is

required when benefits have been

suspended for a period of 12

consecutive months, i.e., the individual

remains ineligible for SSI benefits,

special status for Medicaid, and/or

federally administered State

supplementary payments for a

continuous 12-month period. Eligibility

for SSI benefits based on disability or

blindness also terminates if the

individual’s disability or blindness

ceases, unless the individual is

participating in an approved VR

program and the other requirements for

the continuation of benefits under

section 1631(a)(6) of the Act are met.

The revisions to §§ 416.2215 (a)(2)

and (a)(3) are consistent with the

provisions of sections 1615 (d) and (e)

of the Act. They permit payment for VR

services which are provided either

during a month(s) for which an

individual is eligible for disability or

blindness benefits, including the

continuation of such benefits under

section 1631(a)(6) of the Act, or during

a month(s) for which the individual is

ineligible for disability or blindness

benefits, for a reason other than

cessation of disability or blindness, if

such month(s) occurs prior to the 13th

consecutive month of such ineligibility,

i.e., a month(s) for which benefits are

suspended but not terminated.

We are also amending the

introductory paragraph of § 416.2217 to

add a reference to section 1615(e) of the

Act. In addition, we are changing the

regulations governing the Social

Security VR payment program under

title II of the Act to reflect the expanded

scope of the SSI VR payment program

under title XVI resulting from section

1615(e) of the Act. We are amending

§ 404.2115(b) of the title II regulations to

explain that if VR services are provided

to an individual who is entitled to title

II disability benefits and who also is or

has been receiving disability or

blindness benefits under the SSI

program, the determination as to when

VR services must have been provided

may be made under either § 404.2115 or

§ 416.2215, whichever is advantageous

to the State VR agency or alternate

participant that is participating in both

VR programs.

Other Changes to the VR Payment

Regulations

In addition to the changes to the

regulations discussed above, we are

amending the Social Security and SSI

VR payment regulations to clarify

certain rules relating to payment for VR

services provided to an individual in a

case where the individual, without good

cause, refuses to continue or cooperate

in a VR program. Additionally, we are

deleting some obsolete rules relating to

the time periods within which claims

for payment for VR services must be

filed. Further, we are making a few

other nonsubstantive changes to certain

provisions of the regulations affected by

the changes described above.

We are amending §§ 404.2113(c) and

416.2213(c) to indicate that if

deductions are imposed against an

individual’s Social Security disability

benefits because of VR refusal, or if an

individual’s disability or blindness

benefits under the SSI program are

suspended because of VR refusal, the

services for which payment may be

made in such a case are those VR

services which were provided to the

individual prior to his or her VR refusal.

If the individual thereafter resumes

participation in a VR program and again

receives VR services, payment may be

made for those services only if the

criteria for payment in § 404.2113 or

§ 416.2213 are again met, or if the

services qualify for payment under one

of the other provisions of the regulations

permitting payment, i.e., §§ 404.2111,

404.2112, 416.2211, or 416.2212.

We are also deleting the parenthetical

phrase ‘‘(suspension of benefits in cases

described in § 404.2113)’’ in existing

§ 404.2115(a)(3). This change is

appropriate since under section 222(b)

of the Act and § 404.422 of the title II

regulations, a determination by us that

a Social Security disability beneficiary

has refused, without good cause, to

accept VR services available to the

individual results in our imposing

deductions against Social Security

benefits, rather than suspending

benefits. This is reflected in existing

§§ 404.2109(c) and 404.2113(c). To be

consistent with these sections, we are

amending § 404.2116(c)(2) to clarify that

a beneficiary’s VR refusal results in

deductions against Social Security
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31025

disability benefits, rather than a

suspension of benefits.

Existing §§ 404.2116 (b)(2) and (c)(2)

and 416.2216 (b)(2) and (c)(2) contain

provisions which provide for the filing

of claims for payment for VR services in

certain cases within 12 months after the

month of the initial publication of these

sections in the Federal Register, 55 FR

8449 (March 8, 1990). This 12-month

period ended March 31, 1991, the close

of the 12th month following the month

of publication in the Federal Register.

Since this time period for filing a claim

is no longer in effect, we are deleting

these provisions from the regulations.

We are amending §§ 404.2116(c)(2)

and 416.2216(c)(2) to clarify that the

other 12-month period described in

these sections for filing a claim for

payment in the case of an individual’s

VR refusal begins after the first month

for which deductions are imposed

against Social Security disability

benefits, or after the first month for

which disability or blindness benefits

under the SSI program are suspended,

because of such VR refusal.

On September 11, 1995, we published

these final rules as proposed rules in the

Federal Register at 60 FR 47126 with a

60-day comment period. We received

comments from two sources, but one

commenter simply stated factually that

the proposed regulations would amend

certain regulatory provisions. This

commenter offered no further comment

or opinion about the nature or effect of

the proposed regulations. The other

commenter generally was supportive of

the proposed rules, but did suggest a

better description of the issues and a

short explanation of the statutory

requirements. In the absence of other

comments, we believe the explanation

of the proposed rules as published is

adequate. Therefore, we are publishing

the final rules essentially unchanged

from the proposed rules.

Regulatory Procedures

Pursuant to section 702(a)(5) of the

Social Security Act, 42 U.S.C. 902(a)(5),

as amended by section 102 of Pub. L.

103–296, SSA follows the

Administrative Procedure Act (APA)

rulemaking procedures specified in 5

U.S.C. 553 in the development of its

regulations. The APA provides in 5

U.S.C. 553(d) that a substantive rule will

be published at least 30 days before its

effective date, with certain exceptions.

We find good cause for dispensing with

the 30-day delay in the effective date of

this rule, as provided for by 5 U.S.C.

553(d)(3). As explained above, we are

amending our regulations to reflect

current provisions of the law. It would

be contrary to the public interest to

delay making our regulations consistent

with current law. Therefore, we find

that it is in the public interest to make

this rule effective upon publication.

Executive Order 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 Executive Order 12866.

Thus, they were not subject to OMB

review.

Regulatory Flexibility Act

We certify that these regulations will

not have a significant economic impact

on a substantial number of small

entities. Therefore, a regulatory

flexibility analysis as provided in Pub.

L. 96–354, the Regulatory Flexibility

Act, is not required.

These final regulations carry out

section 1615(e) of the Act which allows

payment for VR services under section

1615(d) of the Act provided during

certain months for which an individual

does not receive SSI benefits based on

disability or blindness. They apply to

States and certain alternate providers of

VR services which are willing to

provide services to disabled or blind SSI

recipients, or Social Security disability

beneficiaries, under our VR payment

programs under the conditions specified

in the regulations.

Paperwork Reduction Act

These final regulations impose no

additional reporting or recordkeeping

requirements subject to clearance by

OMB.

(Catalog of Federal Domestic Assistance

Program Nos. 96.001, Social SecurityDisability Insurance; 96.006, Supplemental

Security Income)

List of Subjects

20 CFR Part 404

Administrative practice and

procedure, Blind, Disability benefits,

Old-Age, Survivors and Disability

Insurance, Reporting and recordkeeping

requirements, Social Security.

20 CFR Part 416

Administrative practice and

procedure, Aged, Blind, Disability

benefits, Public assistance programs,

Supplemental Security Income (SSI),

Reporting and recordkeeping

requirements.

Dated: June 4, 1996.

Shirley S. Chater,

Commissioner of Social Security.

For the reasons set out in the

preamble, we are amending subpart V of

part 404 and subpart V of part 416 of 20

CFR chapter III as follows:

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE (1950– )

Subpart V—[Amended]

1. The authority citation for subpart V

of part 404 continues to read as follows:

Authority: Secs. 205(a), 222, and 702(a)(5)

of the Social Security Act (42 U.S.C. 405(a),

422, and 902(a)(5)).

2. Section 404.2113 is amended by

revising the last sentence of paragraph

(c) to read as follows:

§ 404.2113 Payment for VR services in a

case of VR refusal.

* * * * *

(c) * * * A State VR agency or

alternate participant may be paid,

subject to the provisions of this subpart,

for the costs of VR services provided to

an individual prior to his or her VR

refusal if deductions have been imposed

against the individual’s monthly

disability benefits for a month(s) after

October 1984 because of such VR

refusal.

3. Section 404.2115 is amended by

revising paragraphs (a)(3) and (b) to read

as follows:

§ 404.2115 When services must have been

provided.

(a) * * *

(3) Before completion of a continuous

9-month period of SGA or termination

of entitlement to disability benefits,

whichever occurs first.

(b) If an individual who is entitled to

disability benefits under this part also is

or has been receiving disability or

blindness benefits under part 416 of this

chapter, the determination as to when

services must have been provided may

be made under this section or

§ 416.2215 of this chapter, whichever is

advantageous to the State VR agency or

alternate participant that is participating

in both VR programs.

4. Section 404.2116 is amended by

revising paragraphs (b)(2) and (c)(2) to

read as follows:

§ 404.2116 When claims for payment for

VR services must be made (filing

deadlines).

* * * * *

(b) * * *

(2) If no written notice was sent to the

State VR agency or alternate participant,

a claim must be filed within 12 months

after the month in which VR services

end.

(c) * * *

(2) If no written notice was sent to the

State VR agency or alternate participant,
31026 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

a claim must be filed within 12 months

after the first month for which

deductions are imposed against

disability benefits because of such VR

refusal.

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

Subpart V—[Amended]

5. The authority citation for subpart V

of part 416 is revised to read as follows:

Authority: Secs. 702(a)(5), 1615, 1631(d)(1)

and (e), and 1633(a) of the Social Security

Act (42 U.S.C. 902(a)(5), 1382d, 1383(d)(1)

and (e), and 1683b(a)).

6. Section 416.2201 is amended by

revising the introductory text and

paragraph (b) to read as follows:

§ 416.2201 General.

In general, sections 1615 (d) and (e) of

the Social Security Act (the Act)

authorize payment from the general

fund for the reasonable and necessary

costs of vocational rehabilitation (VR)

services provided certain disabled or

blind individuals who are eligible for

supplemental security income (SSI)

benefits, special SSI eligibility status, or

federally administered State

supplementary payments. In this

subpart, such benefits, status, or

payments are referred to as disability or

blindness benefits (see § 416.2203).

Subject to the provisions of this subpart,

payment may be made for VR services

provided an individual during a

month(s) for which the individual is

eligible for disability or blindness

benefits, including the continuation of

such benefits under section 1631(a)(6) of

the Act, or for which the individual’s

disability or blindness benefits are

suspended (see § 416.2215). Paragraphs

(a), (b) and (c) of this section describe

the cases in which the State VR agencies

and alternate participants can be paid

for the VR services provided such an

individual under this subpart. The

purpose of sections 1615 (d) and (e) of

the Act is to make VR services more

readily available to disabled or blind

individuals, help State VR agencies and

alternate participants to recover some of

their costs in VR refusal situations, as

described in § 416.2213, and ensure that

savings accrue to the general fund.

Payment will be made for VR services

provided on behalf of such an

individual in cases where—

* * * * *

(b) The individual continues to

receive disability or blindness benefits,

even though his or her disability or

blindness has ceased, under section

1631(a)(6) of the Act because of his or

her continued participation in an

approved VR program which we have

determined will increase the likelihood

that he or she will not return to the

disability or blindness rolls (see

§ 416.2212); or

* * * * *

7. Section 416.2203 is amended by

removing the definition of ‘‘Eligible’’

and adding 2 new definitions in

alphabetical order to read as follows:

§ 416.2203 Definitions.

* * * * *

Disability or blindness benefits, as

defined for this subpart only, refers to

regular SSI benefits under section 1611

of the Act (see § 416.202), special SSI

cash benefits under section 1619(a) of

the Act (see § 416.261), special SSI

eligibility status under section 1619(b)

of the Act (see § 416.264), and/or a

federally administered State

supplementary payment under section

1616 of the Act or section 212(b) of

Public Law 93–66 (see § 416.2001), for

which an individual is eligible based on

disability or blindness, as appropriate.

* * * * *

Special SSI eligibility status refers to

the special status described in

§§ 416.264 through 416.269 relating to

eligibility for Medicaid.

* * * * *

§ 416.2209 [Amended]

8. Section 416.2209 is amended in

paragraph (b) by removing ‘‘payments’’

and adding ‘‘benefits’’ in its place and

in paragraph (c) by removing ‘‘payment’’

and adding ‘‘benefits’’ in its place.

9. Section 416.2212 is amended by

revising the section heading and the

first and second sentences to read as

follows:

§ 416.2212 Payment for VR services in a

case where an individual continues to

receive disability or blindness benefits

based on participation in an approved VR

program.

Section 1631(a)(6) of the Act contains

the criteria we will use in determining

if an individual whose disability or

blindness has ceased should continue to

receive disability or blindness benefits

because of his or her continued

participation in an approved VR

program. A VR agency or alternate

participant can be paid for the cost of

VR services provided to an individual if

the individual was receiving benefits

based on this provision in a month(s)

after October 1984 or, in the case of a

blindness recipient, in a month(s) after

March 1988. * * *

10. Section 416.2213 is amended by

revising the last sentence of paragraph

(c) to read as follows:

§ 416.2213 Payment for VR services in a

case of VR refusal.

* * * * *

(c) * * * A State VR agency or

alternate participant may be paid,

subject to the provisions of this subpart,

for the costs of VR services provided to

an individual prior to his or her VR

refusal if the individual’s disability or

blindness benefits have been suspended

for a month(s) after October 1984

because of such VR refusal.

11. Section 416.2215 is revised to read

as follows:

§ 416.2215 When services must have been

provided.

(a) In order for the VR agency or

alternate participant to be paid, the

services must have been provided—

(1) After September 30, 1981;

(2) During a month(s) for which—

(i) The individual is eligible for

disability or blindness benefits or

continues to receive such benefits under

section 1631(a)(6) of the Act (see

§ 416.2212); or

(ii) The disability or blindness

benefits of the individual are suspended

due to his or her ineligibility for the

benefits (see subpart M of this part

concerning suspension for ineligibility);

and

(3) Before completion of a continuous

9-month period of SGA or termination

of disability or blindness benefits,

whichever occurs first (see subpart M of

this part concerning termination of

benefits).

(b) If an individual who is receiving

disability or blindness benefits under

this part, or whose benefits under this

part are suspended, also is entitled to

disability benefits under part 404 of this

chapter, the determination as to when

services must have been provided may

be made under this section or

§ 404.2115 of this chapter, whichever is

advantageous to the State VR agency or

alternate participant that is participating

in both VR programs.

12. Section 416.2216 is amended by

revising paragraphs (b)(2) and (c)(2) to

read as follows:

§ 416.2216 When claims for payment for

VR services must be made (filing

deadlines).

* * * * *

(b) * * *

(2) If no written notice was sent to the

State VR agency or alternate participant,

a claim must be filed within 12 months

after the month in which VR services

end.

(c) * * *

(2) If no written notice was sent to the

State VR agency or alternate participant,

a claim must be filed within 12 months
Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations 31027

after the first month for which disability

or blindness benefits are suspended

because of such VR refusal.

§ 416.2217 [Amended]

13. Section 416.2217 is amended in

the introductory text of the section by

adding ‘‘and (e)’’ after ‘‘section

1615(d).’’

[FR Doc. 96–15407 Filed 6–18–96; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 520

Oral Dosage Form New Animal Drugs;

Neomycin Sulfate Soluble Powder

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

Wade Jones Co., Inc. The ANADA

provides for the use of a generic

neomycin sulfate soluble powder in

drinking water and milk for cattle

(excluding veal calves), swine, sheep,

and goats for the treatment and control

of colibacillosis.

EFFECTIVE DATE: June 19, 1996.

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: Wade

Jones Co., Inc., Hwy. 71 North, Lowell,

AK 72745, filed ANADA 200–130,

which provides for the use of neomycin

sulfate soluble powder in drinking

water and milk for cattle (excluding veal

calves), swine, sheep, and goats for the

treatment and control of colibacillosis

(bacterial enteritis) caused by

Escherichia coli susceptible to

neomycin sulfate. ANADA 200–130 is

approved as a generic copy of the

Upjohn Co.’s NADA 11–315. The

ANADA is approved as of May 8, 1996,

and the regulations are amended in 21

CFR 520.1484(b) and (c)(3) 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, 12420 Parklawn Dr.,

rm. 1–23, Rockville, MD 20857, between

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

Friday.

The agency has determined under 21

CFR 25.24(d)(1)(i) that this action is of

a type that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

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. Section 520.1484 is amended by

revising paragraph (b) and the last

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

follows:

§ 520.1484 Neomycin sulfate soluble

powder.

* * * * *

(b) Sponsors. See Nos. 000009,

000069, 047864, 050604, and 059130 in

§ 510.600(c) of this chapter.

(c) * * *

(3) * * * Discontinue treatment prior

to slaughter as follows: For sponsors

000009, 000069, 047864, and 050604—

cattle (not for use in veal calves), 1 day;

sheep, 2 days; swine and goats, 3 days.

Dated: June 10, 1996.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 96–15466 Filed 6–18–96; 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

Pennfield Oil Co. The ANADA provides

for the use of a generic oxytetracycline

injection for beef cattle, non-lactating

dairy cattle, and swine.

EFFECTIVE DATE: June 19, 1996.

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: Pennfield

Oil Co., 14040 Industrial Rd., Omaha,

NE 68137, filed ANADA 200–154,

which provides for use of 200 milligram

per milliliter (mg/mL) oxytetracycline

injection for intramuscular and

intravenous use in beef cattle and nonlactating dairy cattle and intramuscular

use in swine for control or treatment of

diseases caused by oxytetracycline

susceptible diseases. The drug is used in

beef cattle and non-lactating dairy cattle

for treatment of pneumonia and

shipping fever complex associated with

Pasteurella spp. and Hemophilus spp.;

infectious bovine keratoconjunctivitis

(pinkeye) caused by Moraxella bovis;

foot rot and diphtheria caused by

Fusobacterium necrophorum; bacterial

enteritis (scours) caused by Escherichia

coli; wooden tongue caused by

Actinobacillus lignieresi; leptospirosis

caused by Leptospira pomona; and

wound infections and metritis caused

by strains of staphylococci and

streptococci organisms sensitive to

oxytetracycline. The drug is used in

swine for the treatment of bacterial

enteritis (scours, colibacillosis) caused

by E. coli; pneumonia caused by P.

multocida; and leptospirosis caused by

L. pomona; and in sows as an aid in the

control of infectious enteritis (baby pig

scours, colibacillosis) in suckling pigs

caused by E. coli.

ANADA 200–154 for Pennfield Oil

Co.’s oxytetracycline injection is

approved as a generic copy of Pfizer’s

NADA 113–232 Liquamycin LA–200

(oxytetracycline) Injection. The ANADA

is approved as of May 8, 1996, and the

regulations are amended in 21 CFR

522.1660 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, 12420 Parklawn Dr.,