Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 52619 

1 42 U.S.C. 402(d)(1)(C). 

2Public Law 104–121. 

3Section 104(a) of the CAAA. 

4 42 U.S.C. 402(d)(4). 

government-controlled conformity 

assessment bodies, when that review 

and any necessary discussions with the 

applicant are satisfactorily completed, 

the third party conformity assessment 

body in question is added to the CPSC’s 

list of accredited third party conformity 

assessment bodies at http:// 

www.cpsc.gov/about/cpsia/ 

labaccred.html. In the case of a 

firewalled conformity assessment body 

seeking accredited status, when the 

staff’s review is complete, the staff 

transmits its recommendation on 

accreditation to the Commission for 

consideration. (A third party conformity 

assessment body that may ultimately 

seek acceptance as a firewalled third 

party conformity assessment body also 

can initially request acceptance as a 

third party conformity assessment body 

accredited for testing of children’s 

products other than those of its owners.) 

If the Commission accepts a staff 

recommendation to accredit a firewalled 

conformity assessment body, the 

Commission will issue an order making 

the required statutory findings and the 

firewalled conformity assessment body 

will then be added to the CPSC’s list of 

accredited third party conformity 

assessment bodies. In each case, the 

Commission will notify the third party 

conformity assessment body 

electronically of acceptance of its 

accreditation. All information to 

support an accreditation acceptance 

request must be provided in the English 

language. 

Subject to the limited provisions for 

acceptance of ‘‘retrospective’’ testing 

noted in part IV of this document below, 

once the Commission adds a third party 

conformity assessment body to the list, 

the third party conformity assessment 

body may begin testing of children’s 

products to support certification of 

compliance with the regulations 

identified earlier in part I of this 

document for which it has been 

accredited. 

IV. Limited Acceptance of Children’s 

Product Certifications Based on Third 

Party Conformity Assessment Body 

Testing Prior to the Commission’s 

Acceptance of Accreditation 

The Commission will accept a 

certificate of compliance with 16 CFR 

part 1420, Requirements for All Terrain 

Vehicles, based on testing performed by 

an accredited third party conformity 

assessment body (including a 

government-owned or governmentcontrolled conformity assessment body, 

or a firewalled conformity assessment 

body) prior to the Commission’s 

acceptance of its accreditation if all the 

following conditions are met: 

• When the product was tested, the 

testing was done by a third party 

conformity assessment body that at that 

time was ISO/IEC 17025 accredited by 

an ILAC–MRA signatory. For firewalled 

conformity assessment bodies, the 

Commission will not accept a certificate 

of compliance based on testing 

performed by the third party conformity 

assessment body unless the firewalled 

conformity assessment body was 

accredited by order as a firewalled 

conformity assessment body before the 

product was tested, even though the 

order will not have included the test 

methods in the regulations specified in 

this notice. 

• The third party conformity 

assessment body’s application for 

testing using the test methods in the 

regulations identified in this notice is 

accepted by the CPSC on or before 

October 26, 2010. 

• The product was tested on or after 

November 4, 2008 (the date that 16 CFR 

part 1420 was published), with respect 

to the regulations identified in this 

notice; 

• The accreditation scope in effect for 

the third party conformity assessment 

body at the time of testing expressly 

included testing to the regulations 

identified earlier in part I of this 

document. 

• The test results show compliance 

with the applicable current standards 

and/or regulations; and 

• The third party conformity 

assessment body’s accreditation, 

including inclusion in its scope the 

standards described in part I of this 

notice, remains in effect through the 

effective date for mandatory third party 

testing and manufacturer certification 

for conformity with 16 CFR part 1611. 

Dated: August 20, 2010. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2010–21199 Filed 8–26–10; 8:45 am] 

BILLING CODE 6355–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA–2006–0154] 

RIN 0960–AF78 

Entitlement and Termination 

Requirements for Stepchildren 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are revising our 

regulations to reflect changes made in 

the Contract with America 

Advancement Act of 1996 (CAAA) to 

the entitlement and termination 

requirements for Social Security child’s 

benefits to stepchildren. Under the 

CAAA, we consider a stepchild as 

dependent on a stepparent to receive 

child’s benefits based on the 

stepparent’s earnings only if the 

stepchild receives at least one-half 

support from the stepparent. Also, we 

terminate a stepchild’s benefits that are 

based on the stepparent’s earnings if the 

stepchild’s parent or adoptive parent 

and the stepparent divorce, unless the 

stepparent adopted the stepchild and 

the stepchild can qualify for benefits as 

the stepparent’s adopted child. 

DATES: This final rule will be effective 

September 27, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Peter White, Office of Income Security 

Programs, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 594–2041. For information on 

eligibility or filing for benefits, call our 

national toll-free number, 1–800–772– 

1213 or TTY 1–800–325–0778, or visit 

our Internet site, Social Security Online, 

at http://www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Determining Stepchild Dependency 

A stepchild may be entitled to receive 

Social Security child’s benefits based on 

a stepparent’s Social Security earnings 

record if the stepchild is dependent on 

a stepparent and the stepparent is 

entitled to Social Security benefits 

because he or she is disabled, retires, or 

dies.1 In those situations, the stepchild’s 

benefits help replace the lost support 

from the stepparent. Prior to the 

CAAA,2 we considered a stepchild to be 

dependent on a stepparent if the 

stepchild was either ‘‘living with’’ or 

receiving at least one-half support from 

the stepparent. The CAAA revised the 

Social Security Act (Act) so that a 

stepchild’s living with a stepparent is 

not a basis for determining that a 

stepchild is dependent on the 

stepparent.3 Now, we consider a 

stepchild to be dependent on a 

stepparent only if the stepchild is 

receiving at least one-half support from 

the stepparent.4

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52620 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 

5H.R. Rep. No. 104–379 at 14 (1995), as reprinted 

in 1995 WL 717402. 

6Section 104(b) of the CAAA, amending section 

202(d)(1) of the Act (42 U.S.C. 402(d)(1)). 

7Section 104(b)(2) of the CAAA, adding section 

202(d)(10) to the Act (42 U.S.C. 402(d)(10)). 

8H.R. Rep. 104–872 at 36 (1996), as reprinted in 

1996 WL 760037. 

9 Id. 

10See, for example, 20 CFR 404.355. 

11See, for example, sections 202(d)(1), 202(d)(3), 

202(d)(8), and 216(e) of the Act (42 U.S.C. 402(d)(1), 

402(d)(3), 402(d)(8), and 416(e)). 

12See section 202(d)(1) of the Act; see also 20 

CFR 404.357. 

13Section 202(d)(4) of the Act (42 U.S.C. 

402(d)(4)). 

14 20 CFR 404.363, referencing 20 CFR 404.357. 

The House Committee on Ways and 

Means explained that the change 

‘‘would result in the payment of benefits 

only to stepchildren who are truly 

dependent on the stepparent for their 

support, and only as long as the natural 

parent and stepparent are married. As a 

result, other children entitled on the 

worker’s record will not be 

unnecessarily disadvantaged by 

entitlement of stepchildren who have 

other means of support.’’ 5

Consequently, we published a notice 

of proposed rulemaking (NPRM) in the 

Federal Register on August 12, 2003, 68 

FR 47877, and proposed to eliminate the 

reference to the ‘‘living with’’ 

dependency standard for child’s 

benefits to stepchildren. We are 

adopting our proposed language, with 

minor changes for clarity, in final 

section 404.363. 

Termination of Child’s Benefits When 

the Stepparent Divorces the Parent or 

Adoptive Parent 

Although the CAAA requires us to 

terminate child’s benefits to a stepchild 

if the stepparent and the stepchild’s 

‘‘natural’’ parent divorce,6 it did not 

explicitly state that we should terminate 

a stepchild’s benefits if the stepparent 

and the stepchild’s adoptive parent 

divorce. Nevertheless, we are revising 

our rules in final section 404.352(b)(7) 

to clarify that we will terminate child’s 

benefits to a stepchild if the stepparent 

and the stepchild’s parent or adoptive 

parent divorce. We believe that there is 

clear support for this approach. 

First, the CAAA’s context supports 

treating parents and adoptive parents 

equally in this situation. The CAAA 

states that when a stepchild’s parents 

divorce, ‘‘each stepparent shall notify 

the Commissioner of Social Security of 

any divorce upon such divorce 

becoming final * * *’’ 7 We interpret the 

use of the terms ‘‘each stepparent’’ and 

‘‘any divorce’’ to include divorces 

between a stepchild beneficiary’s 

insured stepparent and the stepchild’s 

parent or adoptive parent. 

Second, the legislative history shows 

a preference for equal treatment of 

children and adopted children under 

the stepchild benefit rules. A report by 

the House Committee on Ways and 

Means suggests that Congress did not 

intend to treat children and adopted 

children differently.8 The report 

discusses the new stepchild 

dependency rules, which are applicable 

to all stepchildren, and states that ‘‘[in] 

cases of a subsequent divorce * * * 

benefits to stepchildren terminate 

***’’ 9 Although the legislative history 

also refers to a divorce between a child’s 

‘‘natural parent’’ and stepparent, we 

interpret the use of the term ‘‘natural 

parent’’ in the report in the same way we 

do in our rules—to distinguish the 

stepparent from the other parent in a 

divorce.10 We do not believe that the 

report suggests any basis for excluding 

adopted children of stepparents’ 

spouses from our stepchild rules. 

Finally, several other benefit 

eligibility sections treat child-parent 

and adoptive child-parent relationships 

equally.11 For example, a child can 

become entitled to child’s benefits if the 

child’s parent or adoptive parent 

marries an insured person who 

subsequently dies or if the stepparent 

becomes entitled to benefits.12 Also, the 

change to the dependency test discussed 

earlier applies the test to both children 

and adoptive children of the 

stepparent’s spouse.13 This inclusion of 

a child whose parent or adoptive parent 

married the insured stepparent is 

consistent with the definition in our 

existing regulations.14

For these reasons, we are adding new 

final section 404.352(b)(7) to allow us to 

terminate child’s benefits to a stepchild 

if the stepparent and the stepchild’s 

parent or adoptive parent divorce. 

However, the stepchild may still be 

entitled to child’s benefits if the 

stepparent adopted the stepchild. 

Termination of Child’s Benefits by 

Prospective or Ab Initio Marriage 

Annulments 

In the NPRM, we proposed to revise 

20 CFR 404.352 to add a rule about 

prospective and ab initio marriage 

annulments. Specifically, we proposed 

that a prospective marriage annulment 

would terminate child’s benefits to a 

stepchild in the month in which a court 

issues the final annulment decree. We 

also proposed that an ab initio marriage 

annulment would terminate child’s 

benefits to a stepchild in the month 

before the month in which a court 

issues a final annulment decree. 

However, we are not adopting these 

proposals in final at this time because 

we now believe that we should change 

policy about annulments in the context 

of marriage policy, not in regulations 

regarding stepchildren. 

Other Revisions 

In the NPRM, we proposed to correct 

a cross-reference in section 404.339 and 

to clarify the section headings in 

404.339, 404.363, and 404.364. We are 

adopting our proposed revision to the 

section heading in final section 404.363. 

We adopted the other proposed 

revisions in the final rule we published 

at 73 FR 40965 (July 17, 2008). We also 

are adding references to ‘‘an adoptive 

parent’’ and ‘‘insured stepparent’’ in 

section 404.352(b)(7) to clarify that we 

treat child-parent and adoptive childparent relationships equally. 

Public Comments 

We gave the public 60 days to 

comment on the NPRM. We received 

three comment letters. We have 

carefully read and considered each of 

them. They are available for public 

viewing at http://www.regulations.gov. 

Because some of the comments we 

received were detailed, we have 

condensed, summarized, and 

paraphrased them in the discussion 

below. We address below the issues 

raised by the commenters that are 

within the scope of the NPRM. 

Comment: One commenter expressed 

general disagreement with the proposed 

changes to stepchild entitlement and 

termination requirements and stated 

that stepchildren will ‘‘now have to 

prove something totally irrelevant to get 

and keep benefits.’’ 

Response: Although the comment is 

unclear, to the extent that the 

commenter is discussing the stepchild 

dependency test, we must apply the 

CAAA’s stepchild benefit entitlement 

and termination provisions. The CAAA 

specifically provided that living with a 

stepparent would no longer be a basis 

for finding a stepchild dependent on a 

stepparent. Now, we consider a 

stepchild to be dependent on a 

stepparent only if the stepchild is 

receiving at least one-half support from 

the stepparent. The one-half support 

requirement existed prior to the CAAA 

and is not a new requirement. 

Comment: Two commenters 

expressed concern that we will apply 

our proposed child’s benefit termination 

rules for annulments retroactively and 

collect overpayments from stepchildren 

affected by this rule. They commented 

that we should not penalize families 

who relied on the regulations in effect 

at the time of the stepparent’s disability 

or death and that we should waive any 

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Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 52621 

resulting overpayments. One commenter 

recommended that we clarify that an 

annulment ab initio will not affect the 

eligibility for child’s benefits to 

stepchildren prior to annulments. One 

of these commenters asked us to notify 

families affected by this final rule. 

Response: As we stated above, we are 

not adopting our proposed rules about 

ab initio or prospective marriage 

annulments at this time. 

Regulatory Procedures 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule meets the 

criteria for a significant regulatory 

action under Executive Order 12866. 

Thus, OMB reviewed it. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only individual 

persons. Therefore, the Regulatory 

Flexibility Act, as amended, does not 

require us to develop a regulatory 

flexibility analysis. 

Paperwork Reduction Act 

This final rule does not impose 

reporting or recordkeeping requirements 

subject to OMB clearance. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001 Social SecurityDisability Insurance; 96.002 Social SecurityRetirement Insurance; 96.004 Social SecuritySurvivors 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: June 7, 2010. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons stated in the preamble, 

we are amending 20 CFR part 404 

subpart D as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart D—[Amended] 

■ 1. The authority citation for subpart D 

of part 404 continues to read as follows: 

Authority: Secs. 202, 203(a) and (b), 205(a), 

216, 223, 225, 228(a)–(e), and 702(a)(5) of the 

Social Security Act (42 U.S.C. 402, 403(a) 

and (b), 405(a), 416, 423, 425, 428(a)–(e), and 

902(a)(5)). 

■ 2. Amend § 404.352 by adding 

paragraph (b)(7) to read as follows: 

§ 404.352 When does my entitlement to 

child’s benefits begin and end? 

* * * * * 

(b) * * * 

(7) With the month in which the 

divorce between your parent (including 

an adoptive parent) and the insured 

stepparent becomes final if you are 

entitled to benefits as a stepchild and 

the marriage between your parent 

(including an adoptive parent) and the 

insured stepparent ends in divorce. 

* * * * * 

■ 3. Amend § 404.363 by revising the 

section heading and introductory text to 

read as follows: 

§ 404.363 When is a stepchild dependent? 

If you are the insured’s stepchild, as 

defined in § 404.357, we consider you 

dependent on him or her if you were 

receiving at least one-half of your 

support from him or her at one of these 

times— 

* * * * * 

[FR Doc. 2010–21341 Filed 8–26–10; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Parts 510, 520, and 522 

[Docket No. FDA–2010–N–0002] 

New Animal Drugs; Change of 

Sponsor; Withdrawal of Approval of 

New Animal Drug Applications; 

Deslorelin Acetate; Dichlorophene and 

Toluene Capsules; Pyrantel Pamoate 

Suspension 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect a 

change of sponsor for a new animal drug 

application (NADA) from Peptech 

Animal Health Pty, Ltd. to Dechra, Ltd. 

and for an abbreviated new animal drug 

application (ANADA) from Church & 

Dwight Co., Inc., to Pegasus 

Laboratories, Inc. In addition, FDA is 

removing those portions of the 

regulations that reflect approval of two 

other NADAs transferred from Church & 

Dwight Co., Inc., to Pegasus 

Laboratories, Inc., for which voluntary 

withdrawal of approval was requested 

after the change of sponsorship. In a 

notice published elsewhere in this issue 

of the Federal Register, FDA is 

withdrawing approval of these two 

NADAs. 

DATES: This rule is effective: 

1. August 27, 2010 for 21 CFR 

510.600(c), 520.2043, and 522.533. 

2. September 7, 2010 for 21 CFR 

520.580. 

FOR FURTHER INFORMATION CONTACT: 

David R. Newkirk, Center for Veterinary 

Medicine (HFV–100), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8307, 

e-mail: david.newkirk@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Church & 

Dwight Co., Inc., 469 North Harrison St., 

Princeton, NJ 08543–5297, has informed 

FDA that it has transferred ownership 

of, and all rights and interest in, NADA 

101–497 and NADA 101–498 for oral 

capsules containing dichlorophene and 

toluene, and ANADA 200–028 for an 

oral suspension of pyrantel pamoate to 

Pegasus Laboratories, Inc., 8809 Ely Rd., 

Pensacola, FL 32514. Accordingly, the 

agency is amending the regulations in 

21 CFR 520.2043 to reflect the transfer 

of ownership. 

Peptech Animal Health Pty, Ltd., 19– 

25 Khartoum Rd., Macquarie Park, New 

South Wales 2113, Australia, has 

informed FDA that it has transferred 

ownership of, and all rights and interest 

in, NADA 141–044 for subcutaneous 

implants containing deslorelin acetate 

to Dechra, Ltd., Dechra House, Jamage 

Industrial Estate, Talke Pits, Stoke-onTrent, Staffordshire, ST7 1XW, United 

Kingdom. Accordingly, the agency is 

amending the regulations in 21 CFR 

522.533 to reflect the transfer of 

ownership and a current format. 

Following these changes of 

sponsorship, Pegasus Laboratories, Inc., 

has requested that FDA withdraw 

approval of the two NADAs for 

dichlorophene and toluene capsules 

because they are no longer 

manufactured or marketed. In a notice 

published elsewhere in this issue of the 

Federal Register, FDA gave notice that 

approval of NADA 101–497 and 101– 

498, and all supplements and 

amendments thereto, is withdrawn, 

effective September 7, 2010. As 

provided in the regulatory text of this 

document, the agency is amending the 

regulations in 21 CFR 520.580 to reflect 

these withdrawals of approval. 

Also, following these changes of 

sponsorship, Church & Dwight Co., Inc., 

and Peptech Animal Health Pty, Ltd., 

are no longer sponsors of an approved 

application. Accordingly, 21 CFR 

510.600(c) is being amended to remove 

the entries for these firms. 

This rule does not meet the definition 

of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because 

it is a rule of ‘‘particular applicability.’’ 

Therefore, it is not subject to the 

WReier-Aviles on DSKGBLS3C1PROD with RULES