Administrative Review Process for Adjudicating Initial Disability Claims; Correction, 57415-57416 [E6-16074]

Download as PDF Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations establishing Class E airspace at Butler, GA (71 FR 43679). This action provides adequate Class E airspace for IFR operations at Butler Municipal Airport. Designations for Class E airspace areas extending upward from 700 feet or more above the surface of the earth are published in FAA Order 7400.9P, dated September 1, 2006, and effective September 15, 2006, which is incorporated by reference in 14 CFR part 71.1. The Class E designations listed in this document will be published subsequently in the Order. Interested parties were invited to participate in this rulemaking proceeding by submitting written comments on the proposal to the FAA. No comments objecting to the proposal were received. The Rule This amendment to part 71 of the Federal Aviation Regulations (14 CFR part 71) establishes Class E airspace at Butler, GA. The FAA has determined that this proposed 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, when promulgated, 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: I sroberts on PROD1PC70 with RULES PART 71—DESIGNATION OF CLASS A, CLASS B, CLASS C, CLASS D, AND CLASS E AIRSPACE AREAS; AIRWAYS; ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: I Authority: 49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. VerDate Aug<31>2005 17:25 Sep 28, 2006 Jkt 208001 § 71.1 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.9P, Airspace Designations and Reporting Points, dated September 1, 2006, and effective September 15, 2006, is amended as follows: I Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth. * * * * * ASO GA E5 Butler, GA [NEW] Butler Municipal Airport, GA (Lat. 32°34′03″ N., long. 84°15′03″ W.) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Butler Municipal Airport. * * * * * Issued in College Park, Georgia, on September 6, 2006. Barry A. Knight, Acting Manager, System Support Group, Eastern Service Center. [FR Doc. 06–8313 Filed 9–28–06; 8:45 am] BILLING CODE 4910–13–M 57415 Social Security Online, at https:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: The final rule published on March 31, 2006 and effective on August 1, 2006 included an amendment to the first sentence of §§ 404.1526(c) and 416.926(c). However, before that rule was published, another rule published on March 1, 2006 (71 FR 10419) added a new paragraph (c) to each section and redesignated each former paragraph (c) as paragraph (d). We inadvertently failed to change the designation of paragraph (c) in § 404.1526 in the rule published on March 31, 2006. (We correctly changed § 416.926.) Thus, in the Code of Federal Regulations, this resulted in a change in § 404.1526 to the first sentence of the new paragraph (c), not paragraph (d), as intended. (The first sentence of § 416.926(d) was changed correctly.) To be sure that there is no confusion as to the intended content of either paragraph, we are printing paragraphs (c) and (d) in their entirety in this correcting amendment. Administrative Review Process for Adjudicating Initial Disability Claims; Correction 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. I Accordingly, 20 CFR part 404 is corrected by making the following correcting amendment: AGENCY: Social Security Administration. ACTION: Final rule; correcting amendment. PART 404—FEDERAL OLD–AGE, SURVIVORS AND DISABILITY INSURANCE (1950– ) SUMMARY: This document contains a correction to the final regulations that were published in the Federal Register on March 31, 2006 (71 FR 16424). The regulations amended our administrative review process for applications for benefits that are based on whether you are disabled under title II of the Social Security Act (the Act), or applications for supplemental security income (SSI) payments that are based on whether you are disabled or blind under title XVI of the Act. DATES: Effective on August 1, 2006. FOR FURTHER INFORMATION CONTACT: Richard Bresnick, Social Insurance Specialist, Office of Regulations, Social Security Administration, 100 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965– 1758 or TTY (410) 966–5609 for information about this notice. 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, Subpart P—[Amended] SOCIAL SECURITY ADMINISTRATION 20 CFR Part 404 RIN 0960–AG31 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 1. The authority citation for subpart P of part 404 continues to read as follows: I 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)); sec. 211(b), Pub. L. 104–193, 110 Stat. 2105, 2189. 2. Amend § 404.1526 by revising paragraphs (c) and (d) to read as follows: I § 404.1526 Medical Equivalence * * * * * (c) What evidence do we consider when we determine if your impairment(s) medically equals a listing? When we determine if your impairment medically equals a listing, we consider all evidence in your case record about your impairment(s) and its effects on you that is relevant to this finding. We do not consider your vocational factors of age, education, and work experience (see, for example, E:\FR\FM\29SER1.SGM 29SER1 57416 Federal Register / Vol. 71, No. 189 / Friday, September 29, 2006 / Rules and Regulations § 404.1560(c)(1)). We also consider the opinion given by one or more medical or psychological consultants designated by the Commissioner. (See § 404.1616.) (d) Who is a designated medical or psychological consultant? A medical or psychological consultant designated by the Commissioner includes any medical or psychological consultant employed or engaged to make medical judgments by the Social Security Administration, the Railroad Retirement Board, or a State agency authorized to make disability determinations, and includes a medical or psychological expert (as defined in § 405.5 of this chapter) in claims adjudicated under the procedures in part 405 of this chapter. A medical consultant must be an acceptable medical source identified in § 404.1513(a)(1) or (a)(3) through (a)(5). A psychological consultant used in cases where there is evidence of a mental impairment must be a qualified psychologist. (See § 404.1616 for limitations on what medical consultants who are not physicians can evaluate and the qualifications we consider necessary for a psychologist to be a consultant.) * * * * * Gregory Zwitch, Social Security Regulations Officer. [FR Doc. E6–16074 Filed 9–28–06; 8:45 am] BILLING CODE 4191–02–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 522 Implantation or Injectable Dosage Form New Animal Drugs; Tulathromycin AGENCY: Food and Drug Administration, HHS. sroberts on PROD1PC70 with RULES ACTION: Final rule. SUMMARY: The Food and Drug Administration (FDA) is amending the animal drug regulations to reflect approval of a supplemental new animal drug application (NADA) filed by Pfizer, Inc. The supplemental NADA provides for the addition of a pathogen to the indication for use of tulathromycin in cattle, by injection, for the treatment of respiratory disease. DATES: This rule is effective September 29, 2006. FOR FURTHER INFORMATION CONTACT: Joan C. Gotthardt, Center for Veterinary Medicine (HFV–130), Food and Drug Administration, 7500 Standish Pl., VerDate Aug<31>2005 17:25 Sep 28, 2006 Jkt 208001 Rockville, MD 20855, 301–827–7571, email: joan.gotthardt@fda.hhs.gov. SUPPLEMENTARY INFORMATION: Pfizer, Inc., 235 East 42d St., New York, NY 10017, filed a supplement to NADA 141–244 for DRAXXIN (tulathromycin) Injectable Solution. The supplemental NADA provides for the addition of a pathogen, Mycoplasma bovis, to the indication for use of tulathromycin solution in cattle, by subcutaneous injection, for the treatment of bovine respiratory disease. The application is approved as of August 18, 2006, and the regulations are amended in 21 CFR 522.2630 to reflect the approval. The basis of approval is discussed in the freedom of information summary. In accordance with the freedom of information provisions of 21 CFR part 20 and 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 Division of Dockets Management (HFA–305), Food and Drug Administration, 5630 Fishers Lane, rm. 1061, Rockville, MD 20852, between 9 a.m. and 4 p.m., Monday through Friday. Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this supplemental approval qualifies for 3 years of marketing exclusivity beginning August 18, 2006. The agency has determined under 21 CFR 25.33(a)(1) 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. 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 congressional review requirements in 5 U.S.C. 801–808. List of Subjects in 21 CFR Part 522 Animal drugs. I 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 522 is amended as follows: PART 522—IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS 1. The authority citation for 21 CFR part 522 continues to read as follows: I Authority: 21 U.S.C. 360b. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 § 522.2630 [Amended] 2. In § 522.2630, in paragraph (d)(1)(ii), remove ‘‘and Histophilus somni (Haemophilus somnus)’’ and add in its place ‘‘Histophilus somni (Haemophilus somnus), and Mycoplasma bovis’’. I Dated: September 15, 2006. Steven D. Vaughn, Director, Office of New Animal Drug Evaluation, Center for Veterinary Medicine. [FR Doc. E6–15965 Filed 9–28–06; 8:45 am] BILLING CODE 4160–01–S OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION 29 CFR Part 2400 Regulations Implementing the Privacy Act of 1974 Occupational Safety and Health Review Commission. ACTION: Final rule. AGENCY: SUMMARY: The Occupational Safety and Health Review Commission (OSHRC) is amending its regulations implementing the Privacy Act of 1974, 5 U.S.C. 552a. The Privacy Act has been amended multiple times since OSHRC first promulgated its regulations in 1979. The amendments to OSHRC’s regulations at 29 CFR Part 2400 will assist the agency in complying with the requirements of the Privacy Act. DATES: Effective September 29, 2006. FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney-Advisor, Office of the General Counsel, via telephone at (202) 606–5410, or via e-mail at rbailey@oshrc.gov. SUPPLEMENTARY INFORMATION: OSHRC published a notice of proposed rulemaking on July 28, 2006, 71 FR 42785, which would revise 29 CFR Part 2400. Interested persons were afforded an opportunity to participate in the rulemaking process through submission of written comments on the proposed rule. OSHRC received no public comments. We have reviewed the proposed rule and now adopt it as the agency’s final rule. OSHRC’s regulations at Part 2400 implementing the Privacy Act of 1974 were first promulgated on January 19, 1979, 44 FR 3968. These regulations had not been revised, except for changes made to the office address referenced in §§ 2400.6 and 2400.7, 58 FR 26065, April 30, 1993. Since 1979, however, the Privacy Act has been amended on numerous occasions. These statutory changes, along with intervening case law, compel OSHRC to amend its E:\FR\FM\29SER1.SGM 29SER1

Agencies

Social Security Administration

[Federal Register Volume 71, Number 189 (Friday, September 29, 2006)]
[Rules and Regulations]
[Pages 57415-57416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16074]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

RIN 0960-AG31


Administrative Review Process for Adjudicating Initial Disability 
Claims; Correction

AGENCY: Social Security Administration.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This document contains a correction to the final regulations 
that were published in the Federal Register on March 31, 2006 (71 FR 
16424). The regulations amended our administrative review process for 
applications for benefits that are based on whether you are disabled 
under title II of the Social Security Act (the Act), or applications 
for supplemental security income (SSI) payments that are based on 
whether you are disabled or blind under title XVI of the Act.

DATES: Effective on August 1, 2006.

FOR FURTHER INFORMATION CONTACT: Richard Bresnick, Social Insurance 
Specialist, Office of Regulations, Social Security Administration, 100 
Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, 
(410) 965-1758 or TTY (410) 966-5609 for information about this notice. 
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 https://
www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION: The final rule published on March 31, 2006 
and effective on August 1, 2006 included an amendment to the first 
sentence of Sec. Sec.  404.1526(c) and 416.926(c). However, before that 
rule was published, another rule published on March 1, 2006 (71 FR 
10419) added a new paragraph (c) to each section and redesignated each 
former paragraph (c) as paragraph (d). We inadvertently failed to 
change the designation of paragraph (c) in Sec.  404.1526 in the rule 
published on March 31, 2006. (We correctly changed Sec.  416.926.) 
Thus, in the Code of Federal Regulations, this resulted in a change in 
Sec.  404.1526 to the first sentence of the new paragraph (c), not 
paragraph (d), as intended. (The first sentence of Sec.  416.926(d) was 
changed correctly.) To be sure that there is no confusion as to the 
intended content of either paragraph, we are printing paragraphs (c) 
and (d) in their entirety in this correcting amendment.

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.

0
Accordingly, 20 CFR part 404 is corrected by making the following 
correcting amendment:

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE 
(1950- )

Subpart P--[Amended]

0
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)); sec. 211(b), Pub. L. 104-193, 110 
Stat. 2105, 2189.


0
2. Amend Sec.  404.1526 by revising paragraphs (c) and (d) to read as 
follows:


Sec.  404.1526  Medical Equivalence

* * * * *
    (c) What evidence do we consider when we determine if your 
impairment(s) medically equals a listing? When we determine if your 
impairment medically equals a listing, we consider all evidence in your 
case record about your impairment(s) and its effects on you that is 
relevant to this finding. We do not consider your vocational factors of 
age, education, and work experience (see, for example,

[[Page 57416]]

Sec.  404.1560(c)(1)). We also consider the opinion given by one or 
more medical or psychological consultants designated by the 
Commissioner. (See Sec.  404.1616.)
    (d) Who is a designated medical or psychological consultant? A 
medical or psychological consultant designated by the Commissioner 
includes any medical or psychological consultant employed or engaged to 
make medical judgments by the Social Security Administration, the 
Railroad Retirement Board, or a State agency authorized to make 
disability determinations, and includes a medical or psychological 
expert (as defined in Sec.  405.5 of this chapter) in claims 
adjudicated under the procedures in part 405 of this chapter. A medical 
consultant must be an acceptable medical source identified in Sec.  
404.1513(a)(1) or (a)(3) through (a)(5). A psychological consultant 
used in cases where there is evidence of a mental impairment must be a 
qualified psychologist. (See Sec.  404.1616 for limitations on what 
medical consultants who are not physicians can evaluate and the 
qualifications we consider necessary for a psychologist to be a 
consultant.)
* * * * *

Gregory Zwitch,
Social Security Regulations Officer.
 [FR Doc. E6-16074 Filed 9-28-06; 8:45 am]
BILLING CODE 4191-02-P

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