28046 Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations

No comments to the proposal were

received. Except for the non-substantive

change just discussed and editorial

changes, the rule is adopted as

proposed. However, the proposal was

published with an incorrect coordinates

for the location of the Saint John The

Baptist Parish Airport. The correct

coordinates for the airport should have

been (Lat. 30°05′21′′ N, long. 90°34′54′′

W). The description of the Class E

airspace in this rule has been revised to

reflect this change. The FAA has

determined that this is an editorial

change and will not increase the scope

of this rule.

The coordinates for this airspace

docket are based on North American

Datum 83. Class E airspace designations

for airspace areas extending upward

from 700 feet or more AGL are

published in Paragraph 6005 of FAA

Order 7400.9C dated August 17, 1995,

and effective September 16, 1995, which

is incorporated by reference in 14 CFR

71.1. The Class E airspace designation

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 of the

Federal Aviation Regulations (14 CFR

part 71) establishes Class E airspace

located at Saint John The Baptist Parish

Airport, Reserve, LA, to provide

controlled airspace extending upward

from 700 feet AGL for aircraft executing

the GPS SIAP to RWY 17.

The FAA has determined that this

regulation only involves an established

body of technical regulations that need

frequent and routine amendments 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 14 CFR

part 71 continues to read as follows:

Authority: 49 U.S.C. 40103, 40113, 40120;

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 7400.9C, Airspace

Designations and Reporting Points,

dated August 17, 1995, and effective

September 16, 1995, is amended as

follows:

Paragraph 6005: Class E Airspace areas

extending upward from 700 feet or more

above the surface of the earth.

* * * * *

ASW LA E5 Reserve, LA [New]

Saint John The Baptist Parish Airport, LA

(Lat. 30°05′21′′ N. long. 090°34′54′′ W.)

That airspace extending upward from 700

feet above the surface within a 6.1-mile

radius of Saint John The Baptist Parish

Airport.

* * * * *

Issued in Fort Worth, TX, on May 15, 1996.

Albert L. Viselli,

Acting Manager, Air Traffic Division,

Southwest Region.

[FR Doc. 96–13924 Filed 6–3–96; 8:45 am]

BILLING CODE 4910–13–M

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

[Regulations No. 4]

RIN 0960–AE43

Federal Old-Age, Survivors and

Disability Insurance; Determining

Disability and Blindness; Extension of

Expiration Date for Musculoskeletal

System Listings

AGENCY: Social Security Administration.

ACTION: Final rule.

SUMMARY: The Social Security

Administration (SSA) issues listings of

impairments to evaluate disability and

blindness under the Social Security and

supplemental security income (SSI)

programs. This rule extends the

expiration date for the musculoskeletal

system listings. We have made no

revisions to the medical criteria in the

listings; they remain the same as they

now appear in the Code of Federal

Regulations. This extension will ensure

that we continue to have medical

evaluation criteria in the listings to

adjudicate claims for disability based on

musculoskeletal system impairments at

step three of our sequential evaluation

process.

EFFECTIVE DATE: This regulation is

effective June 4, 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: On

December 6, 1985, we published revised

listings, including the musculoskeletal

system listings (50 FR 50068), in parts

A and B of appendix 1 (Listing of

Impairments) to subpart P of part 404.

We use the listings at the third step of

the sequential evaluation process to

evaluate claims filed by adults and

children for benefits based on disability

and blindness under the Social Security

and SSI programs. The listings describe

impairments considered severe enough

to prevent a person from doing any

gainful activity, or, for an individual

under age 18 applying for SSI benefits

based on disability, from functioning

independently, appropriately, and

effectively in an age-appropriate

manner. We use the criteria in part A

mainly to evaluate impairments of

adults. We use the criteria in part B first

to evaluate impairments of individuals

under age 18. If those criteria do not

apply, we may use the criteria in part A.

When we published the revised

listings in 1985, we indicated that

medical advances in disability

evaluation and treatment and program

experience would require that the

listings be periodically reviewed and

updated. Accordingly, we established a

date of December 6, 1990, for the

musculoskeletal system listings in part

A, and December 6, 1993, for the

musculoskeletal system listings in part

B, on which the listings would no

longer be effective unless extended by

the Secretary of Health and Human

Services (the Secretary) or revised and

promulgated again. Under section 102 of

the Social Security Independence and

Program Improvements Act of 1994,

Public Law 103–296, this rulemaking

authority was transferred from the

Secretary to the Commissioner of Social

Security (the Commissioner).

Subsequently, we issued a final rule

on December 12, 1990 (55 FR 51100),

extending the expiration date of the

musculoskeletal system listings in part

A to June 6, 1992, and again on June 5,

1992 (57 FR 23946), extending that

expiration date to December 6, 1993.
Federal Register / Vol. 61, No. 108 / Tuesday, June 4, 1996 / Rules and Regulations 28047

Thereafter, on December 6, 1993 (58 FR

64121), the expiration date of the

musculoskeletal system listings in both

parts A and B was extended, as were the

expiration dates for several other body

system listings. That rule provided that

the musculoskeletal system listings

would no longer be effective on June 6,

1996.

Also, we published a notice of

proposed rulemaking (NPRM) on

December 21, 1993 (58 FR 67574) that

included proposed revisions to these

listings. We will publish any changes to

the listings based on that NPRM in a

subsequent final rule.

In this final regulation, we are

extending for one year, to June 6, 1997,

the date on which the musculoskeletal

system listings will no longer be

effective. We believe that the

requirements in these listings are still

valid for our program purposes.

Specifically, if we find that an

individual has an impairment that

meets the statutory duration

requirement and also meets or is

equivalent in severity to an impairment

in the listings, we will find that the

individual is disabled without

completing the remaining steps of the

sequential evaluation process. We do

not use the listings to find that an

individual is not disabled. Individuals

whose impairments do not meet or

equal the criteria of the listings receive

individualized assessments at the

subsequent steps of the sequential

evaluation process.

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 Public

Law 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

exceptions to its notice and public

comment procedures when an agency

finds there is good cause for dispensing

with such procedures on the basis that

they are impracticable, unnecessary, or

contrary to the public interest. We have

determined that, under 5 U.S.C.

553(b)(B), good cause exists for

dispensing with the notice and public

comment procedures in this case. Good

cause exists because this regulation only

extends the date on which the

musculoskeletal system listings will no

longer be effective. It makes no

substantive changes to the listings. The

current regulations expressly provide

that the listings may be extended, as

well as revised and promulgated again.

Therefore, opportunity for prior

comment is unnecessary, and we are

issuing this regulation as a final rule.

In addition, we find good cause for

dispensing with the 30-day delay in the

effective date of a substantive rule,

provided for by 5 U.S.C. 553(d). As

explained above, we are not making any

substantive changes in the listings.

However, without an extension of the

expiration date for the musculoskeletal

system listings, we will lack regulatory

guidelines for assessing musculoskeletal

system impairments at the third step of

the sequential evaluation processes after

the current expiration date of the

listings. In order to ensure that we

continue to have regulatory criteria for

assessing these impairments under the

listings, 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 this rule does not meet

the criteria for a significant regulatory

action under Executive Order 12866.

Thus, it was not subject to OMB review.

Regulatory Flexibility Act

We certify that this regulation will not

have a significant economic impact on

a substantial number of small entities.

Therefore, a regulatory flexibility

analysis as provided in Public Law 96–

354, the Regulatory Flexibility Act, is

not required.

Paperwork Reduction Act

This regulation imposes no reporting/

recordkeeping requirements

necessitating clearance by OMB.

(Catalog of Federal Domestic Assistance

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social

Security-Survivors Insurance; 96.006,

Supplemental Security Income)

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: May 20, 1996.

Shirley S. Chater,

Commissioner of Social Security.

For the reasons set forth in the

preamble, part 404, subpart P, chapter

III of title 20 of the Code of Federal

Regulations is amended as set forth

below.

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE (1950– )

Subpart P—[Amended]

1. The authority citation for subpart P

of part 404 continues to read as follows:

Authority: Secs. 202, 205(a), (b), and (d)–

(h), 216(i), 221(a) and (i), 222(c), 223, 225,

and 702(a)(5) of the Social Security Act (42

U.S.C. 402, 405(a), (b), and (d)–(h), 416(i),

421(a) and (i), 422(c), 423, 425, and

902(a)(5)).

2. Appendix 1 to subpart P of part 404

is amended by revising item 2 of the

introductory text before part A to read

as follows:

Appendix 1 to Subpart P—Listing of

Impairments

* * * * *

2. Musculoskeletal System (1.00 and

101.00): June 6, 1997.

* * * * *

[FR Doc. 96–13882 Filed 6–3–96; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 14

Advisory Committee; Change of Name

and Function

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

standing advisory committees’

regulations to change the name and the

function of the Fertility and Maternal

Health Drugs Advisory Committee. This

action is being taken to more accurately

describe this committee.

EFFECTIVE DATE: June 4, 1996.

FOR FURTHER INFORMATION CONTACT:

Donna M. Combs, Committee

Management Office (HFA–306), Food

and Drug Administration, 5600 Fishers

Lane, Rockville, MD 20857, 301–443–

2765.

SUPPLEMENTARY INFORMATION: FDA is

announcing that the name of the

Fertility and Maternal Health Drugs

Advisory Committee has been changed.

After reestablishment of this committee,

on March 23, 1978, the agency decided

that the name ‘‘Advisory Committee for

Reproductive Health Drugs’’ would

more accurately describe the subject

areas for which the committee is