Safety and Security Zones; New York Marine Inspection and Captain of the Port Zone, 78759-78760 [2016-27037]
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Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Proposed Rules
Paperwork Reduction Act
This NPRM imposes no reporting or
recordkeeping requirements subject to
OMB clearance.
List of Subjects in 20 CFR Part 220
Disability benefits, Railroad
retirement.
The Railroad Retirement Board
proposes to amend title 20, chapter II,
subchapter F, part 220 of the Code of
Federal Regulations as follows:
PART 220 DETERMINING DISABILITY
1. The authority citation for part 220
continues to read as follows:
■
Authority: 45 U.S.C. 231a(1); 45 U.S.C.
231f.
■
2. Revise § 220.45 to read as follows:
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§ 220.45
Providing evidence of disability.
(a) General. You are responsible for
providing all evidence of the claimed
disability and the effect of the disability
on your ability to work. You must
inform the Board about or submit all
evidence known to you that relates to
the claimed disability. This duty is
ongoing and requires you to disclose
any additional related evidence about
which you become aware. This duty
applies at each level of the
administrative review process,
including the appeals level, if the
evidence relates to the period on or
before the date of the hearings officer’s
decision. The Board will assist you,
when necessary, in obtaining the
required evidence. At its discretion, the
Board will arrange for an examination
by a consultant at the expense of the
Board as explained in §§ 220.50 and
220.51.
(b) Kind of evidence. (1) You must
provide medical evidence proving that
you have an impairment(s) and how
severe it is during the time you claim to
be disabled. The Board will consider
only impairment(s) you claim to have or
about which the Board receives
evidence. Before deciding your
disability status, the Board will develop
a complete medical history (i.e.,
evidence from the records of the your
medical sources) covering at least the
preceding 12 months, unless you say
that your disability began less than 12
months before you filed an application.
The Board will make every reasonable
effort to help you in getting medical
reports from your own medical sources
when you give the Board permission to
request them. Every reasonable effort
means that the Board will make an
initial request and, after 20 days, one
follow-up request to your medical
source to obtain the medical evidence
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necessary to make a determination
before the Board evaluates medical
evidence obtained from another source
on a consultative basis. The medical
source will have 10 days from the
follow-up request to reply (unless
experience indicates that a longer
period is advisable in a particular case).
In order to expedite processing, the
Board may order a consultative exam
from a non-treating source while
awaiting receipt of medical source
evidence. If the Board asks you to do so,
you must contact the medical sources to
help us get the medical reports.
(2) Exceptions. Notwithstanding
paragraph (a) of this section, evidence
does not include:
(i) Oral or written communications
between you and your representative
that are subject to the attorney-client
privilege, unless you voluntarily
disclose the communication to us; or
(ii) Your representative’s analysis of
your claim, unless he or she voluntarily
discloses it to us. Your representative’s
‘‘analysis of your claim,’’ means
information that is subject to the
attorney work product doctrine, but it
does not include medical evidence,
medical source opinions, or any other
factual matter that we may consider in
determining whether or not you are
entitled to benefits (See paragraph
(b)(2)(iv) of this section).
(iii) The provisions of paragraph
(b)(2)(i) of this section apply to
communications between you and your
non-attorney representative only if the
communications would be subject to the
attorney-client privilege, if your nonattorney representative were an
attorney. The provisions of paragraph
(b)(2)(ii) of this section apply to the
analysis of your claim by your nonattorney representative only if the
analysis of your claim would be subject
to the attorney work product doctrine, if
your non-attorney representative were
an attorney.
(iv) The attorney-client privilege
generally protects confidential
communications between an attorney
and his or her client that are related to
providing or obtaining legal advice. The
attorney work product doctrine
generally protects an attorney’s analysis,
theories, mental impressions, and notes.
In the context of your disability claim,
neither the attorney-client privilege nor
the attorney work product doctrine
allows you to withhold factual
information, medical source opinions,
or other medical evidence that we may
consider in determining whether or not
you are entitled to benefits. For
example, if you tell your representative
about the medical sources you have
seen, your representative cannot refuse
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78759
to disclose the identity of those medical
sources to us based on the attorneyclient privilege. As another example, if
your representative asks a medical
source to complete an opinion form
related to your impairment(s),
symptoms, or limitations, your
representative cannot withhold the
completed opinion form from us based
on the attorney work product doctrine.
The attorney work product doctrine
would not protect the source’s opinions
on the completed form, regardless of
whether or not your representative used
the form in his or her analysis of your
claim or made handwritten notes on the
face of the report.
(c) Your responsibility. You must
inform us about or submit all evidence
known to you that relates to whether or
not you are blind or disabled. When you
submit evidence received from another
source, you must submit that evidence
in its entirety, unless you previously
submitted the same evidence to us or we
instruct you otherwise. The Board may
also ask you to provide evidence about:
(1) Your age;
(2) Your education and training;
(3) Your work experience;
(4) Your daily activities both before
and after the date you say that you
became disabled;
(5) Your efforts to work; and
(6) Any other evidence showing how
your impairment(s) affects your ability
to work. (In §§ 220.125 through 220.134,
we discuss in more detail the evidence
the Board needs when it considers
vocational factors.)
Dated: November 3, 2016.
By Authority of the Board.
Martha P. Rico,
Secretary to the Board.
[FR Doc. 2016–27060 Filed 11–8–16; 8:45 am]
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2016–0799]
RIN 1625–AA87
Safety and Security Zones; New York
Marine Inspection and Captain of the
Port Zone
Coast Guard, DHS.
Technical correction.
AGENCY:
ACTION:
The Coast Guard is publishing
this notice to correct a misstatement and
typographical error in a previous
SUMMARY:
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78760
Federal Register / Vol. 81, No. 217 / Wednesday, November 9, 2016 / Proposed Rules
Advance Notice of Proposed
Rulemaking (ANPRM). A sentence in
the summary of that document
erroneously stated that the Coast Guard
was considering removing a security
zone around Liberty State Park and Ellis
Island, while the document itself merely
discussed the possibility of modifying
the zone, not removing it.
Comments and related material
regarding the ANPRM must be received
by the Coast Guard on or before January
3, 2017.
DATES:
You may submit comments
identified by docket number [USCG–
2016–0799] using the Federal
eRulemaking Portal at https://
www.regulations.gov. See the ‘‘Public
Participation and Request for
Comments’’ portion of the ANPRM for
further instructions on submitting
comments.
ADDRESSES:
If
you have questions on this technical
correction, call or email Ari Scott, Office
of Regulations and Administrative Law,
U.S. Coast Guard; telephone (202) 372–
3860, email Ari.J.Scott@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
On November 3, 2016, the Coast
Guard published an ANPRM which
discussed the possibility of modifying
the security zone around Liberty State
Park and Ellis Island (81 FR 76545). On
page 76545, in the second column,
correct the second sentence of the
Summary to read: ‘‘The proposed
modification of the security zone would
increase navigational safety in New
York Harbor by allowing vessels to
transit under the Ellis Island Bridge,
rather than being required to transit the
Anchorage Channel.’’
Dated: November 3, 2016.
Katia Kroutil,
Office Chief, Office of Regulations and
Administrative Law, U.S. Coast Guard.
[FR Doc. 2016–27037 Filed 11–8–16; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid
Services
42 CFR Part 440
[CMS–2404–NC]
RIN 0938–ZB33
Medicaid Program; Request for
Information (RFI): Federal Government
Interventions To Ensure the Provision
of Timely and Quality Home and
Community Based Services
Centers for Medicare &
Medicaid Services (CMS), HHS.
ACTION: Request for information.
AGENCY:
This request for information
seeks information and data on
additional reforms and policy options
that we can consider to accelerate the
provision of home and communitybased services (HCBS) to Medicaid
beneficiaries taking into account issues
affecting beneficiary choice and control,
program integrity, ratesetting, quality
infrastructure, and the homecare
workforce.
SUMMARY:
To be assured consideration,
comments must be received at one of
the addresses provided below, no later
than 5 p.m. on January 9, 2017.
ADDRESSES: In commenting, refer to file
code CMS–2404–NC. Because of staff
and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. Electronically. You may submit
electronic comments on this regulation
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–2404–NC, P.O. Box 8013,
Baltimore, MD 21244–8013.
Please allow sufficient time for mailed
comments to be received before the
close of the comment period.
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–2404–NC,
Mail Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
4. By hand or courier. Alternatively,
you may deliver (by hand or courier)
DATES:
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your written comments ONLY to the
following addresses:
a. For delivery in Washington, DC—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Room 445–G, Hubert
H. Humphrey Building, 200
Independence Avenue SW.,
Washington, DC 20201.
(Because access to the interior of the
Hubert H. Humphrey Building is not
readily available to persons without
federal government identification,
commenters are encouraged to leave
their comments in the CMS drop slots
located in the main lobby of the
building. A stamp-in clock is available
for persons wishing to retain a proof of
filing by stamping in and retaining an
extra copy of the comments being filed.)
b. For delivery in Baltimore, MD—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
If you intend to deliver your
comments to the Baltimore address, call
telephone number (410) 786–7195 in
advance to schedule your arrival with
one of our staff members.
Comments erroneously mailed to the
addresses indicated as appropriate for
hand or courier delivery may be delayed
and received after the comment period.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Melissa Harris, (410) 786–3397.
Jodie Anthony, (410) 786–5903.
SUPPLEMENTARY INFORMATION: Inspection
of Public Comments: All comments
received before the close of the
comment period are available for
viewing by the public, including any
personally identifiable or confidential
business information that is included in
a comment. We post all comments
received before the close of the
comment period on the following Web
site as soon as possible after they have
been received: https://
www.regulations.gov. Follow the search
instructions on that Web site to view
public comments.
Comments received timely will also
be available for public inspection as
they are received, generally beginning
approximately 3 weeks after publication
of a document, at the headquarters of
the Centers for Medicare & Medicaid
Services, 7500 Security Boulevard,
Baltimore, Maryland 21244, Monday
through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an
appointment to view public comments,
phone 1–800–743–3951.
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]]>Agencies
[Federal Register Volume 81, Number 217 (Wednesday, November 9, 2016)]
[Proposed Rules]
[Pages 78759-78760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27037]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2016-0799]
RIN 1625-AA87
Safety and Security Zones; New York Marine Inspection and Captain
of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Technical correction.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is publishing this notice to correct a
misstatement and typographical error in a previous
[[Page 78760]]
Advance Notice of Proposed Rulemaking (ANPRM). A sentence in the
summary of that document erroneously stated that the Coast Guard was
considering removing a security zone around Liberty State Park and
Ellis Island, while the document itself merely discussed the
possibility of modifying the zone, not removing it.
DATES: Comments and related material regarding the ANPRM must be
received by the Coast Guard on or before January 3, 2017.
ADDRESSES: You may submit comments identified by docket number [USCG-
2016-0799] using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the ANPRM for further instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
technical correction, call or email Ari Scott, Office of Regulations
and Administrative Law, U.S. Coast Guard; telephone (202) 372-3860,
email Ari.J.Scott@uscg.mil.
SUPPLEMENTARY INFORMATION:
On November 3, 2016, the Coast Guard published an ANPRM which
discussed the possibility of modifying the security zone around Liberty
State Park and Ellis Island (81 FR 76545). On page 76545, in the second
column, correct the second sentence of the Summary to read: ``The
proposed modification of the security zone would increase navigational
safety in New York Harbor by allowing vessels to transit under the
Ellis Island Bridge, rather than being required to transit the
Anchorage Channel.''
Dated: November 3, 2016.
Katia Kroutil,
Office Chief, Office of Regulations and Administrative Law, U.S. Coast
Guard.
[FR Doc. 2016-27037 Filed 11-8-16; 8:45 am]
BILLING CODE 9110-04-P
