Defense Trade Advisory Group; Notice of Open Meeting, 57420-57421 [2015-24194]
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Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices
Claimants found disabled under the
listings at step three of the sequential
evaluation process have impairments
that we consider severe enough to
prevent any gainful activity, regardless
of the claimant’s age, education, or work
experience. Our policy is that listing
1.04A specifies a level of severity that
is only met when all of the medical
criteria listed in paragraph A are
simultaneously present: (1) Neuroanatomic distribution of pain, (2)
limitation of motion of the spine, (3)
motor loss (atrophy with associated
muscle weakness or muscle weakness)
accompanied by sensory or reflex loss,
and, (4) if there is involvement of the
lower back, positive straight-leg raising
test (sitting and supine). Listing 1.04A
uses the conjunction ‘‘and’’ when
enumerating the medical criteria in
order to establish that the entire set of
criteria must be present at the same time
on examination. When this set of
criteria is present on examination, the
individual has the clinical presentation
we expect from a person who suffers
from nerve root compression that is so
severe that it would preclude any
gainful activity. 20 CFR 404.1525(a),
416.925(a).
On the other hand, when the listing
criteria are scattered over time, wax and
wane, or are present on one examination
but absent on another, the individual’s
nerve root compression would not rise
to the level of severity required by
listing 1.04A. An individual who shows
only some of the criteria on examination
presents a different, less severe clinical
picture than someone with the full set
of criteria present simultaneously. To
meet the severity required by the listing,
our policy requires the simultaneous
presence of all of the medical criteria in
listing 1.04A.
In addition to meeting the severity
requirement, in order to meet the
duration requirement, the simultaneous
presence of all of the medical criteria in
paragraph A must continue, or be
expected to continue, for a continuous
period of at least 12 months. 20 CFR
404.1525(c)(4), 416.925(c)(4). The
‘‘duration’’ requirement follows from
two provisions in the Social Security
Act. First, sections 223(d)(1)(A) and
1614(a)(3)(A) of the Act define
‘‘disability’’ as an inability ‘‘to engage in
any substantial gainful activity by
reason of any medically determinable
physical or mental impairment which
can be expected to result in death or
which has lasted or can be expected to
last for a continuous period of not less
than 12 months.’’ Second, sections
223(d)(2)(A) and 1614(a)(3)(B) of the Act
state that ‘‘[a]n individual shall be
determined to be under a disability only
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if his physical or mental impairment or
impairments are of such severity that he
is not only unable to do his previous
work but cannot, considering his age,
education, and work experience, engage
in any other kind of substantial gainful
work which exists in the national
economy. . . .’’ Thus, an impairment
that lasts or is expected to last 12
months is not sufficient to establish
disability. The impairment must also be
severe enough to prevent the claimant
from engaging in substantial gainful
work. As the Supreme Court of the
United States explained in Barnhart v.
Walton, 535 U.S. 212, 218 (2002): ‘‘In
other words, the statute, in the two
provisions, specifies that the
‘impairment’ must last 12 months and
also be severe enough to prevent the
claimant from engaging in any
‘substantial gainful work.’ ’’
Accordingly, our policy requires that
for a disorder of the spine to meet listing
1.04A at step three in the sequential
evaluation process, the claimant must
establish the simultaneous presence of
all the medical criteria in paragraph A.
Once this level of severity is
established, the claimant must also
show that this level of severity
continued, or is expected to continue,
for a continuous period of at least 12
months.
The court of appeals’ decision differs
from our policy because it held that
listing 1.04A required a claimant to
show only ‘‘that each of the symptoms
are present, and that the claimant has
suffered or can be expected to suffer
from nerve root compression
continuously for at least 12 months.’’
734 F.3d at 294. Contrary to our policy
that the requisite level of severity
requires the simultaneous presence of
all the medical criteria in paragraph A,
the court of appeals held that a claimant
need not show that each criterion was
present simultaneously or in
particularly close proximity.
Accordingly, this holding is
inconsistent with our interpretation of
listing 1.04A and of the severity and
durational requirements at step three of
the sequential evaluation process.
EXPLANATION OF HOW WE WILL
APPLY RADFORD WITHIN THE
CIRCUIT: This Ruling applies only to
claims in which the claimant resides in
Maryland, North Carolina, South
Carolina, Virginia, or West Virginia at
the time of the determination or
decision at any level of administrative
review.
In these States, in deciding whether a
claimant’s severe medically
determinable disorder of the spine
meets listing 1.04A, adjudicators will
not require that all of the medical
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criteria in paragraph A appear
simultaneously or in particularly close
proximity. Rather, adjudicators will
engage in what the court of appeals
described as ‘‘a more free-form,
contextual inquiry that makes 12
months the relevant metric for the
assessment of the claimant’s duration of
disability.’’
Adjudicators will decide whether the
evidence shows that all of the medical
criteria in paragraph A are present
within a continuous 12-month period
(or, if there is less than 12 months of
evidence in the record, that all the
medical criteria are present and are
expected to continue to be present). If
all of the medical criteria are not present
within a continuous 12-month period,
adjudicators will determine that the
disorder of the spine did not meet the
listing.
If all of the medical criteria in
paragraph A are present within a
continuous 12-month period (or are
expected to be present), adjudicators
will then determine whether the
evidence shows—as a whole—that the
claimant’s disorder of the spine caused,
or is expected to cause, nerve root
compression continuously for at least 12
months. In considering the severity of
the nerve root compression, the medical
criteria in paragraph A need not all be
present simultaneously, nor in
particularly close proximity. The nerve
root compression must be severe
enough, however, that the adjudicator
can fairly conclude that it is still
characterized by all of the medical
criteria in paragraph A.
[FR Doc. 2015–24204 Filed 9–22–15; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF STATE
[Public Notice: 9281]
Defense Trade Advisory Group; Notice
of Open Meeting
The Defense Trade Advisory
Group (DTAG) will meet in open
session from 1 p.m. until 5 p.m. on
Thursday, October 29, 2015 at 1777 F
Street, NW., Washington, DC Entry and
registration will begin at 12:30 p.m. The
membership of this advisory committee
consists of private sector defense trade
representatives, appointed by the
Assistant Secretary of State for PoliticalMilitary Affairs, who advise the
Department on policies, regulations, and
technical issues affecting defense trade.
The purpose of the meeting will be to
discuss current defense trade issues and
topics for further study.
SUMMARY:
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 184 / Wednesday, September 23, 2015 / Notices
The following agenda topics will be
discussed: (1) Trade Compliance
Process. Review of the current
Voluntary Disclosure (VD) process and
recommendations for possible
improvements or changes (including
analysis of how to address
‘‘administrative’’ VDs as distinguished
from other VDs) while ensuring that
foreign policy and national security
interests are met; (2) Cyber Products.
Review of ‘‘cyber products’’ and
recommendations for which products, if
any, should be included on the U.S.
Munitions List, and potential impact on
cyber products resulting from such
export controls; (3) DTAG Structure and
Operations. Examination of whether
DTAG could function similar to the
Commerce Department’s Technical
Advisory Committees (TACs), how
DTAG could interface with such TACs,
and whether State, Commerce and the
Department of Defense should establish
an interagency defense trade advisory
group; and (4) Export Control Reform
(ECR) status. Report on US industry
views regarding licensing flexibilities
and efficiencies (including availability
of license exception, Strategic Trade
Authorization), unintended
consequences, and areas of potential
improvements, resulting from the
transfer of certain items from the
jurisdiction of the International Traffic
in Arms Regulations (US Munitions
List) to the jurisdiction of the Export
Administration Regulations (Commerce
Control List).
Members of the public may attend
this open session and will be permitted
to participate in the discussion in
accordance with the Chair’s
instructions. Members of the public
may, if they wish, submit a brief
statement to the committee in writing.
As seating is limited to 125 persons,
those wishing to attend the meeting
must notify the DTAG Alternate
Designated Federal Officer (DFO) by
COB Monday, October 19, 2015.
Members of the public requesting
reasonable accommodation must also
notify the DTAG Alternate DFO by that
date. If notified after this date, the
Department will be unable to
accommodate requests due to
requirements at the meeting location.
Each non-member observer or DTAG
member that wishes to attend this
plenary session should provide: His/her
name and identifying data such as
driver’s license number, U.S.
Government ID, or U.S. Military ID, to
the DTAG Alternate DFO, Lisa Aguirre,
via email at DTAG@state.gov. One of the
following forms of valid photo
identification will be required for
admission to the meeting: U.S. driver’s
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license, passport, U.S. Government ID or
other valid photo ID.
For additional information, contact
Ms. Glennis Gross-Peyton, PM/DDTC,
SA–1, 12th Floor, Directorate of Defense
Trade Controls, Bureau of PoliticalMilitary Affairs, U.S. Department of
State, Washington, DC 20522–0112;
telephone (202) 663–2862; FAX (202)
261–8199; or email DTAG@state.gov.
Dated: September 9, 2015.
Lisa V. Aguirre,
Alternate Designated Federal Officer, Defense
Trade Advisory Group, Department of State.
[FR Doc. 2015–24194 Filed 9–22–15; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Notice of Intent To Release Certain
Properties From All Terms, Conditions,
Reservations and Restrictions of a
Quitclaim Deed Agreement Between
the County of Palm Beach and the
Federal Aviation Administration for the
Palm Beach International Airport, West
Palm Beach, FL
Federal Aviation
Administration (FAA), DOT.
ACTION: Request for public comment.
AGENCY:
The FAA hereby provides
notice of intent to release approximately
0.21 acres at the Palm Beach
International Airport, West Palm Beach,
FL from the conditions, reservations,
and restrictions as contained in a
Quitclaim Deed agreement between the
FAA and the County of Palm Beach,
dated March 22, 1961. The release of
property will allow the County of Palm
Beach to dispose of the property for
other than aeronautical purposes. The
property is located along Florida Mango
and Belvedere Road. The parcels are
currently designated as nonaeronautical use. The property will be
released of its federal obligations to
grant an easement for right-of-way and
stormwater retention. The fair market
value of the right-of-way parcel and
stormwater retention parcel has been
determined to be $83,860 and $74,320,
respectively. Documents reflecting the
Sponsor’s request are available, by
appointment only, for inspection at the
Palm Beach County Department of
Airports at Palm Beach International
Airport and the FAA Airports District
Office.
SUMMARY:
Comments are due on or before
October 23, 2015.
ADDRESSES: Documents are available for
review at the Palm Beach County
DATES:
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57421
Department of Airports at Palm Beach
International Airport, and the FAA
Airports District Office, 5950 Hazeltine
National Drive, Suite 400, Orlando, FL
32822. Written comments on the
Sponsor’s request must be delivered or
mailed to: Marisol C. Elliott, Program
Manager, Orlando Airports District
Office, 5950 Hazeltine National Drive,
Suite 400, Orlando, FL 32822–5024.
FOR FURTHER INFORMATION CONTACT:
Marisol C. Elliott, Program Manager,
Orlando Airports District Office, 5950
Hazeltine National Drive, Suite 400,
Orlando, FL 32822–5024.
SUPPLEMENTARY INFORMATION: Section
125 of The Wendell H. Ford Aviation
Investment and Reform Act for the 21st
Century (AIR–21) requires the FAA to
provide an opportunity for public notice
and comment prior to the ‘‘waiver’’ or
‘‘modification’’ of a sponsor’s Federal
obligation to use certain airport land for
non-aeronautical purposes.
Issued in Orlando, Florida on September
14, 2015.
Bart Vernace,
Manager, Orlando Airports District Office,
Southern Region.Revision Date 11/22/00
[FR Doc. 2015–24158 Filed 9–22–15; 8:45 a.m.]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Research, Engineering and
Development Advisory Committee
Meeting
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of meeting.
AGENCY:
The FAA is issuing this notice
to advise the public of the Research,
Engineering and Development Advisory
Committee meeting.
DATES: The meeting will be held on
October 7, 2015—9:30 a.m. to 4 p.m.
ADDRESSES: The meeting will be held at
the Federal Aviation Administration,
800 Independence Avenue SW., Round
Room (10th Floor), Washington, DC
20591.
FOR FURTHER INFORMATION CONTACT:
Chinita A. Roundtree-Coleman at (609)
485–7149 or Web site at
chinita.roundtree-coleman@faa.gov.
SUPPLEMENTARY INFORMATION: Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (Pub. L. 92–
463, 5 U.S.C. App. 2), notice is hereby
given of a meeting of the Research,
Engineering and Development (RE&D)
Advisory Committee. The meeting
agenda will include receiving from the
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57420-57421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24194]
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DEPARTMENT OF STATE
[Public Notice: 9281]
Defense Trade Advisory Group; Notice of Open Meeting
SUMMARY: The Defense Trade Advisory Group (DTAG) will meet in open
session from 1 p.m. until 5 p.m. on Thursday, October 29, 2015 at 1777
F Street, NW., Washington, DC Entry and registration will begin at
12:30 p.m. The membership of this advisory committee consists of
private sector defense trade representatives, appointed by the
Assistant Secretary of State for Political-Military Affairs, who advise
the Department on policies, regulations, and technical issues affecting
defense trade. The purpose of the meeting will be to discuss current
defense trade issues and topics for further study.
[[Page 57421]]
The following agenda topics will be discussed: (1) Trade Compliance
Process. Review of the current Voluntary Disclosure (VD) process and
recommendations for possible improvements or changes (including
analysis of how to address ``administrative'' VDs as distinguished from
other VDs) while ensuring that foreign policy and national security
interests are met; (2) Cyber Products. Review of ``cyber products'' and
recommendations for which products, if any, should be included on the
U.S. Munitions List, and potential impact on cyber products resulting
from such export controls; (3) DTAG Structure and Operations.
Examination of whether DTAG could function similar to the Commerce
Department's Technical Advisory Committees (TACs), how DTAG could
interface with such TACs, and whether State, Commerce and the
Department of Defense should establish an interagency defense trade
advisory group; and (4) Export Control Reform (ECR) status. Report on
US industry views regarding licensing flexibilities and efficiencies
(including availability of license exception, Strategic Trade
Authorization), unintended consequences, and areas of potential
improvements, resulting from the transfer of certain items from the
jurisdiction of the International Traffic in Arms Regulations (US
Munitions List) to the jurisdiction of the Export Administration
Regulations (Commerce Control List).
Members of the public may attend this open session and will be
permitted to participate in the discussion in accordance with the
Chair's instructions. Members of the public may, if they wish, submit a
brief statement to the committee in writing.
As seating is limited to 125 persons, those wishing to attend the
meeting must notify the DTAG Alternate Designated Federal Officer (DFO)
by COB Monday, October 19, 2015. Members of the public requesting
reasonable accommodation must also notify the DTAG Alternate DFO by
that date. If notified after this date, the Department will be unable
to accommodate requests due to requirements at the meeting location.
Each non-member observer or DTAG member that wishes to attend this
plenary session should provide: His/her name and identifying data such
as driver's license number, U.S. Government ID, or U.S. Military ID, to
the DTAG Alternate DFO, Lisa Aguirre, via email at DTAG@state.gov. One
of the following forms of valid photo identification will be required
for admission to the meeting: U.S. driver's license, passport, U.S.
Government ID or other valid photo ID.
For additional information, contact Ms. Glennis Gross-Peyton, PM/
DDTC, SA-1, 12th Floor, Directorate of Defense Trade Controls, Bureau
of Political-Military Affairs, U.S. Department of State, Washington, DC
20522-0112; telephone (202) 663-2862; FAX (202) 261-8199; or email
DTAG@state.gov.
Dated: September 9, 2015.
Lisa V. Aguirre,
Alternate Designated Federal Officer, Defense Trade Advisory Group,
Department of State.
[FR Doc. 2015-24194 Filed 9-22-15; 8:45 am]
BILLING CODE 4710-25-P