RIN 0960-AG09, Final Rules

Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
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
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.

SOCIAL SECURITY ADMINISTRATION

List of Subjects in 14 CFR Part 71

SUMMARY: We are amending our
regulations to provide that we will
suspend your disability benefits before
we make a determination during a
continuing disability review (CDR)
under title II and title XVI of the Social
Security Act (the Act) when you fail to
comply with our request for necessary
information. Should you remain noncompliant for a period of one year
following your suspension, we will then
terminate your disability benefits.
Although our current title XVI
regulations generally provide for the
termination of payments after 12
months of suspension, we are amending
our regulations by adding this policy to
our title II regulations and by restating
it in the title XVI CDR regulatory
provisions.
DATES: These final rules are effective
December 18, 2006.
FOR FURTHER INFORMATION CONTACT: Don
Harvey, Social Insurance Specialist,
Office of Program Development and
Research, Social Security
Administration, 107Altmeyer Building,
6401 Security Boulevard, Baltimore,
Maryland 21235–6401, (410) 597–1026
or TTY (410) 966–5609. 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 Web site, Social
Security Online, at
www.socialsecurity.gov/.
SUPPLEMENTARY INFORMATION:

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:

■

[06–AEA–06]

PART 71—[AMENDED]
1. The authority citation for 14 CFR
part 71 continues to read as follows:

■

Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; EO 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1

[Amended]

The incorporation by reference in 14
CFR 71.1 of Federal Aviation
Administration Order 7400.9, Airspace
Designations and Reporting Points,
dated September 1, 2006 and effective
September 15, 2006, is amended as
follows:
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface of the earth

*

*

*

*

*

AEA PA E5, SAYRE, PA (New)
Robert Packer Hospital
Point in Space Coordinates
(Lat. 41°58′53″ N., long 76°32′06″ W.)
That airspace extending upward from 700
feet above the surface within a 6 mile radius
of a Point in Space for the SIAP serving the
Robert Packer Hospital, Sayre, PA.

*

*

*

*

*

Issued in Jamaica, New York on October 2,
2006.
Mark D. Ward,
Manager, FAA, Eastern Service Center.
[FR Doc. 06–8687 Filed 10–16–06; 8:45 am]

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20 CFR Parts 404 and 416
[Docket No. SSA 2006–0083]
RIN 0960–AG19

Continuing Disability Review Failure
To Cooperate Process
Social Security Administration.
Final rules.

AGENCY:
ACTION:

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.
Statutory Background
Sections 221(i) and 1614(a)(3)(H)(ii)(I)
of the Act and §§ 404.1589, and 416.989
of our regulations require that after we
find that you are disabled, we evaluate
your impairment(s) from time to time to
determine if you remain disabled. We
call this evaluation a continuing
disability review (CDR). If the medical
and other evidence shows that you are
not disabled under the standards set out
in sections 223(f) and 1614(a)(4) of the

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60819

Act, we will end the payment of cash
benefits and terminate your period of
disability.
Section 1614(a)(3)(H)(iii) of the Act
and § 416.987 of our regulations require
that if you are eligible for payments as
a child under title XVI by reason of
disability, we redetermine that
eligibility during the one-year period
beginning on your 18th birthday, or, in
lieu of a CDR, whenever we determine
that your case is subject to such a
review. We call this evaluation an age18 redetermination. If the medical and
other evidence shows that you are not
disabled under the standards set out in
section 1614(a)(3)(A)–(B) of the Act, we
will end the payment of cash payments
and terminate your period of disability.
Sections 223(f) and 1614(a)(4) of the
Act provide that, in general, if you
receive disability benefits under titles II
and/or XVI of the Act, we may find that
you are no longer disabled if substantial
evidence shows that there has been
medical improvement in your
impairment or combination of
impairments, and you are now able to
do substantial gainful activity. Under
title XVI, if you are a child (an
individual under age 18), substantial
evidence must show that there has been
medical improvement in your
impairment or combination of
impairments, and the impairment(s)
must no longer cause marked and severe
functional limitations. We call this the
medical improvement review standard
(MIRS), and we apply it whenever we
do a CDR for an adult or a child. The
statute also provides, however, for
several exceptions to the ‘‘medical
improvement’’ requirement where we
will not apply the MIRS. One of those
exceptions to applying the MIRS is the
situation where you fail, without good
cause, to cooperate with us when we do
a CDR.
Continuing Disability Review and Age18 Redetermination Processes Under
Our Current Regulations
When we begin a CDR or an age-18
redetermination, we notify you that we
are reviewing your eligibility for
disability benefits and explain why we
are reviewing your eligibility; what
standard will apply, either the MIRS in
a CDR or the initial claims criteria in an
age-18 redetermination; that our review
could result in the termination of your
benefits; and that you have the right to
submit medical and other evidence for
us to consider during the CDR or the
age-18 redetermination. Before we
determine whether you are still
disabled, we develop a complete
medical history covering at least the 12
months preceding the date that you

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complete a report about your continuing
disability status. If our review shows
that we should stop your benefits, we
notify you in writing and give you the
opportunity to appeal. (See §§ 404.1589
and 416.989 of our regulations.) We
explain when and how often we will do
a CDR in §§ 404.1590 and 404.1591 of
our title II regulations and in §§ 416.990
and 416.991 of our title XVI regulations.
We explain when we will do an age-18
redetermination in § 416.987 of our title
XVI regulations.
When we do a CDR or age-18
redetermination, §§ 404.1594(e)(2),
416.987(e)(3), 416.994(b)(4)(ii) and
416.994a(f)(2) of our regulations set out
the general principle that is reflected in
sections 223(f) and 1614(a)(4) of the Act;
i.e., that you have the responsibility to
cooperate with us, or take any required
action that we decide is necessary to
allow us to complete the CDR or age-18
redetermination. If you do not cooperate
with us, and you do not have good
cause as defined in §§ 404.911 and
416.1411 of our regulations for not
cooperating, we will find that your
disability has ended.
We currently have no provision in our
regulations that allows us to suspend
your benefits under title II of the Act if
you fail to cooperate with us when we
request necessary information during a
CDR. However, § 416.1322 of our title
XVI regulations provides general
authority that allows us to suspend your
payments under title XVI of the Act,
when you fail to cooperate with our
requests for information, including
during a CDR or age-18 redetermination.
When we suspend your title XVI
payments for such failure to cooperate
under § 416.1322, we follow
§ 416.714(b) of our regulations, which
gives you thirty days from the date of
our written request to comply with the
request for information. We also follow
§ 416.1336 of our regulations, which
provides that before we suspend,
reduce, or terminate your title XVI
payments, we will give you advance
notice of our intent and provide you
with appeal rights and payment
continuation rights pending resolution
of the appeal. When we terminate your
title XVI payments due to continuous
suspension of payments, we follow
§ 416.1335 of our regulations, which
provides that we will terminate your
eligibility for payments following 12
consecutive months of payment
suspension.
Why Are We Revising Our Regulations?
We are continually exploring ways to
improve the disability process. These
revisions will allow us to make our
rules consistent for all beneficiaries

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under both titles II and XVI, implement
a more efficient CDR process, encourage
beneficiaries to cooperate during the
CDR or age-18 redetermination process,
and make the process less burdensome.
As a result of the revisions, your
failure to cooperate in the CDR process
will result initially in a suspension
rather than a termination of benefits
based on a determination that you are
no longer entitled to benefits. To have
your benefits resumed, you will only
have to contact your local Social
Security office and provide the
requested information and you will
have up to 12 months to do so.
Accordingly, during the 12 month
period, you will not have to file an
appeal in order to have your benefits
resumed. In addition, you will not have
to request, prepare for, and attend a
hearing for your benefits to be resumed.
When Will We Start To Use These Final
Rules?
We will start to use these final rules
on their effective date. We will continue
to use our prior rules until the effective
date of these final rules. When these
final rules become effective, we will
apply them to CDRs and age-18
redeterminations that we initiate on or
after the effective date.
What Revisions Are We Making?
We are revising §§ 404.1587 and
404.1596 of our title II regulations and
adding a new § 416.992 to our title XVI
regulations. With respect to § 404.1587,
we are revising the title to reflect that
your benefits may be terminated as well
as suspended. In addition, we are
designating the current paragraph as
paragraph (a) and adding a heading to
it. We are also adding new paragraphs
(b) and (c). Under the new
§ 404.1587(b), we will suspend your
benefits during a CDR when you do not
cooperate with us by failing, without
good cause, to comply with our written
request for any necessary information. If
you subsequently give us the
information that we requested, we will
reinstate your benefits and continue
with the CDR process. We will reinstate
your benefits for any previous month for
which they are otherwise payable.
The regulatory language in this final
rule has been changed from the
language that appeared in the notice of
proposed rulemaking (NPRM), (70 FR at
72418). We have reordered the phrases
in final § 404.1587(b) to state that ‘‘we
will reinstate your benefits for any
previous month for which they are
otherwise payable, and continue with
the CDR process.’’ This was done in
response to a public comment that the
regulatory language in the proposed

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rules could be misinterpreted to mean
that we will not reinstate benefits until
we complete the CDR process.
Accordingly, the phrase was
restructured for clarity in § 404.1587(b)
and also in the parallel language in new
§§ 404.1596(d) and 416.992.
Under the new § 404.1587(c), we will
terminate your benefits following 12
consecutive months of benefit
suspension when you fail to comply
with our written request for any
necessary information made during a
CDR. This termination will be effective
with the start of the 13th month after
your benefits were stopped because you
failed to cooperate. You will have the
right to appeal the termination, but you
will not have benefit continuation
rights.
Under the revised § 404.1596, the title
will reflect that your benefits may be
terminated as well as suspended. We are
also removing current paragraphs (c)(1)
and (c)(2) and adding new paragraphs
(d) and (e) to explain that we will not
make a medical determination when
you do not cooperate with us by failing
to comply with our written request for
any necessary information. We will
suspend your benefits only after we give
you advance notice as described in
§ 404.1595. The advance notice will tell
you what you need to do so that your
benefits are not suspended as outlined
in § 404.1595(b)(3) of our regulations.
In the new § 404.1596(d), we are
adding language to explain that if we
suspend your benefits because you fail
to cooperate and you subsequently give
us the information that we requested,
we will reinstate your benefits and
continue with the CDR process. We will
reinstate your benefits for any previous
months for which they are otherwise
payable. As noted above, as a result of
a public comment, we have reordered
the phrases in the final regulation
§ 404.1596(d) to make them consistent
with § 404.1587(b).
With respect to the new § 404.1596(e),
we explain that if we suspend your
benefits because you do not give us the
information that we need and you fail
to respond during the subsequent 12month period, we will terminate your
benefits. The termination will be
effective with the start of the 13th
month after your benefits were stopped
because you failed to cooperate. You
will have the right to appeal the
termination, but you will not have
benefit continuation rights.
We are adding a new § 416.992 to
explain that we will suspend your
payments before we make a
determination regarding your
continuing eligibility for disability
payments if you fail to comply with our

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request for information for your CDR or
age-18 redetermination. We will
suspend your payments only after we
give you advance notice as described in
§ 416.995. As outlined in § 416.1336 of
our regulations, the advance notice will
tell you what you need to do so that
your payments are not suspended. If we
suspend your payments because you fail
to cooperate and you subsequently give
us the information that we requested,
we will reinstate your payments and
continue with the CDR or age-18
redetermination process. We will
reinstate your payments for any
previous month for which they are
otherwise payable. If we suspend your
payments because you do not give us
the information that we need and you
fail to respond during the subsequent
12-month period, we will terminate
your payments. The termination will be
effective with the start of the 13th
month after your payments were
stopped because you failed to cooperate.
You will have the right to appeal the
termination, but you will not have
payment continuation rights.
In response to a public comment, the
regulatory language in this final rule has
been changed from the language that
appeared in the proposed rules. We
have revised the language in the final
regulation § 416.992 to reflect that
payments will only be suspended if
good cause has not been established.
This is consistent with the language in
the final regulation § 404.1587(b). We
have also reordered the phrases in final
regulation § 416.992 to make them
consistent with §§ 404.1587(b) and
404.1596(d).
Public Comments
We published these regulatory
provisions in the Federal Register as a
NPRM on December 5, 2005 (70 FR
72416). We provided the public with a
60-day comment period. We received
comments from 10 individuals and 11
organizations. Because some of the
comments submitted were detailed, we
have tried to summarize or paraphrase
the views presented in these comments
accurately and to respond to the
significant issues raised in the
comments that were within the scope of
the proposed rules.
Comment: Several commenters stated
that they disagreed with the proposed
rule changes because of the potential for
problems with the delivery of mail. The
commenters said that we should be
mindful of the widespread deficiencies
in mail delivery.
Response: We will exhaust all efforts
to locate the beneficiary/payee and
follow-up on all requests for
information before deciding to suspend

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benefits. To ensure that we have made
every reasonable effort to contact the
beneficiary/payee, we will attempt to
secure the most current address from
the Post Office, financial institutions,
etc. If we suspend an individual’s
benefits he or she will only have to
contact his or her local Social Security
office and provide the requested
information within the 12 month period
to have his or her benefits resumed.
Comment: Along the same lines, one
commenter related an incident in which
her benefits had been terminated
because the Postal Service was unable to
locate her, despite residing at the same
address for 13 years. The commenter
suggested that all correspondences
relating to requests for information
should be sent via certified mail.
Response: We did not need to make
any changes in these final rules as a
result of this comment. If a beneficiary
fails to respond to our initial notice, our
procedures require that we send a
certified letter to a beneficiary’s address
of record prior to initiating a suspension
action.
Comment: One commenter expressed
a view that individuals who have
developmental or mental health
diagnoses may not be able to read and
understand the information that we
send to them. The commenter said that
this proposal may impose a hardship on
these individuals and go against the
intent of the Act.
Response: In all situations, we are
sensitive to circumstances in which an
individual, including those individuals
who have developmental or mental
health diagnoses, may require assistance
to comply with our requests. We will
consider the individual’s impairment
and use all available resources to obtain
needed information, and if necessary,
determine whether a representative
payee or change of representative payee
is needed.
Comment: Several commenters stated
that they did not support our proposed
rule changes because of the potential for
misunderstandings about information
being requested and vaguely worded
notices. The commenters also stated that
they did not support our proposed rule
changes because of the potential for
representative payees not fulfilling their
reporting responsibilities. The
commenters urged us to ensure that
policies are in place to make certain that
individuals continue to receive the
benefits to which they are entitled prior
to implementation of these final
regulations.
Response: As we stated above, we are
sensitive to situations in which an
individual may require assistance to
comply with our requests. When

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60821

appropriate, we will consider the
beneficiary’s capability and/or consider
the need for a new payee. Before
suspending benefits, we will send a
notice that clearly explains that benefits
will be suspended if the beneficiary/
payee does not provide the necessary
information. If we suspend an
individual’s benefits he or she will only
have to contact his or her local Social
Security office and provide the
requested information within the 12
month period to have his or her benefits
resumed.
Comment: One commenter
recommended that we send requests for
information to the representative payee,
an automatic reinstatement provision be
provided when the beneficiary/payee
provides the necessary information, and
include a place on the form for the
individual to state they do not
understand a question or need
assistance in filling out the form.
Response: These final rules do not
change our regulations on the use of
representative payees. If a beneficiary
has a representative payee, it is our
policy to send all notices to the payee.
Additionally, as soon as the beneficiary/
payee provides the requested
information, benefits will be reinstated,
including any previous month for which
they are otherwise payable. The
beneficiary/payee will not have to
request that benefits be reinstated. The
form that an individual must complete
during a CDR includes a remarks section
where the individual can indicate that
he or she does not understand a
question or needs assistance completing
the form. In addition, the letter that
advises the individual that a CDR is
being done also advises the individual
that he or she may contact us at any
time if he or she has any questions or
requires assistance.
Comment: One commenter applauded
our decision to suspend rather than
terminate benefits when a beneficiary
fails to cooperate during a CDR and
urged that we continue the existing
policy that benefits be continued when
despite a lack of cooperation the
evidence establishes continued
eligibility.
Response: We are not changing our
existing policy that benefits be
continued when despite a lack of
cooperation, evidence establishes
continued eligibility.
Comment: Several commenters stated
that the proposed language of
§§ 404.1587, 404.1596 and 416.992, ‘‘we
will continue with the CDR process and
reinstate your benefits for any month for
which they are otherwise payable’’
should be reordered to make clear that
benefits will be restored immediately

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upon the individual’s cooperation with
us. The commenters further stated that
the ‘‘without good cause’’ language that
appeared in §§ 404.1587 and 404.1596
in the proposed rules did not appear in
the regulatory language in § 416.992 in
the proposed rules and should be
corrected in the final regulations. The
commenters also suggested that the
regulations should spell out what
constitutes ‘‘good cause’’ in the
situation where a person fails to
cooperate with a CDR or an age-18
redetermination.
Response: We agree that the order of
the language that appeared in the
regulatory section of the proposed rules
might be misread. We have reordered
the phrases in §§ 404.1587, 404.1596,
and 416.992 by changing the language to
state that ‘‘when we have received the
information, we will reinstate your
benefits for any previous month for
which they are otherwise payable, and
continue with the CDR process.’’ Also,
we have rewritten § 416.992 to include
the reference to the regulatory language
‘‘without good cause’’ to make it
consistent with §§ 404.1587 and
404.1596, since it was inadvertently
omitted. For clarity when referring to
‘‘good cause,’’ we are adding a
parenthetical to the final rules
referencing the ‘‘good cause’’ citations
(§§ 404.911 and 416.1411) in the
regulatory text of §§ 404.1587(b),
404.1596(d), and 416.992, as
appropriate.
Comment: The same commenters also
stated that the regulations should
include specific statements that we will
meet with the individual on the day he
or she first visits the Social Security
office to report that he or she did not
receive the monthly check. Also, the
commenters stated that the final
regulations should note that we will
assist those who need extra help and
that such provision, among others, is
required by our obligation under section
504 of the Rehabilitation Act of 1973 (29
U.S.C. 794).
Response: We have not rewritten
these sections to include specific
statements that we will meet with the
individuals on the day he or she first
visits a Social Security office or to assist
individuals who need extra help
because it is already our policy to do so.
Further, we comply with all applicable
laws relating to our programs to ensure
maximum accessibility of all our
programs and proceedings. If a
beneficiary contacts one of our field
offices with the necessary information,
the field office will meet with them and
take action to reinstate their benefits.
Comment: One commenter suggested
that if benefits are suspended for non-

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cooperation, benefits should be
reinstated only if the information
subsequently provided demonstrates
that the beneficiary is still disabled.
Response: We did not adopt this
comment. The purpose of these final
rule changes is to implement a more
efficient CDR process and to encourage
beneficiaries to cooperate during the
CDR process. Accordingly, if the
beneficiary provides us with the
necessary information or evidence
requested, benefits will be reinstated.
We will then continue with the CDR
process.
Regulatory Procedures
Executive Order 12866
We have consulted with the Office of
Management and Budget (OMB) and
determined that these final rules meet
the criteria for a significant regulatory
action under E.O. 12866, as amended by
E.O. 13258. Thus, they were reviewed
by OMB.
Regulatory Flexibility Act
We certify that these final rules will
not have a significant economic impact
on a substantial number of small entities
because they affect only individuals.
Thus, a regulatory flexibility analysis as
provided in the Regulatory Flexibility
Act, as amended, is not required.
Paperwork Reduction Act
These final regulations impose no
reporting or recordkeeping requirements
requiring OMB clearance.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance;
96.006, Supplemental Security Income.)

List of Subjects
20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors, and Disability
Insurance, Reporting and recordkeeping
requirements, Social Security.
20 CFR Part 416
Administrative practice and
procedure, Aged, Blind, Disability
benefits, Public assistance programs,
Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI).
Dated: July 11, 2006.
Jo Anne B. Barnhart,
Commissioner of Social Security.

For the reasons set out in the
preamble, we are amending subpart P of
part 404 and subpart I of part 416 of

■

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chapter III of title 20 of the Code of
Federal Regulations, 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)); section 211(b), Pub. L. 104–193,
110 Stat. 2105, 2189.

2. Section 404.1587 is revised to read
as follows:

■

§ 404.1587 Circumstances under which we
may suspend and terminate your benefits
before we make a determination.

(a) We will suspend your benefits if
you are not disabled. We will suspend
your benefits if all of the information we
have clearly shows that you are not
disabled and we will be unable to
complete a determination soon enough
to prevent us from paying you more
monthly benefits than you are entitled
to. This may occur when you are blind
as defined in the law and age 55 or older
and you have returned to work similar
to work you previously performed.
(b) We will suspend your benefits if
you fail to comply with our request for
necessary information. We will suspend
your benefits effective with the month
in which it is determined in accordance
with § 404.1596(b)(2)(i) that your
disability benefits should stop due to
your failure, without good cause (see
§ 404.911), to comply with our request
for necessary information. When we
have received the information, we will
reinstate your benefits for any previous
month for which they are otherwise
payable, and continue with the CDR
process.
(c) We will terminate your benefits.
We will terminate your benefits
following 12 consecutive months of
benefit suspension because you did not
comply with our request for information
in accordance with § 404.1596(b)(2)(i).
We will count the 12-month suspension
period from the start of the first month
that you stopped receiving benefits (see
paragraph (b) of this section). This
termination is effective with the start of
the 13th month after the suspension
began because you failed to cooperate.
■ 3. Section 404.1596 is amended by
revising the heading, removing
paragraphs (c)(1) and (c)(2),
redesignating paragraphs (c)(3) and
(c)(4) as paragraphs (c)(1) and (c)(2), and

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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Rules and Regulations
adding new paragraphs (d) and (e) to
read as follows:
§ 404.1596 Circumstances under which we
may suspend and terminate your benefits
before we make a determination.

*

*
*
*
*
(d) When the suspension is effective.
We will suspend your benefits effective
with the month in which it is
determined in accordance with
paragraph (b)(2)(i) of this section that
your disability benefits should stop due
to your failure, without good cause (see
§ 404.911), to comply with our request
for necessary information for your
continuing disability review. This
review is to determine whether or not
you continue to meet the disability
requirements of the law. When we have
received the information, we will
reinstate your benefits for any previous
month for which they are otherwise
payable, and continue with the CDR
process.
(e) When we will terminate your
benefits. We will terminate your
benefits following 12 consecutive
months of benefit suspension because
you did not comply with our request for
information in accordance with
paragraph (b)(2)(i) of this section. We
will count the 12-month suspension
period from the start of the first month
that you stopped receiving benefits (see
paragraph (d) of this section). This
termination is effective with the start of
the 13th month after the suspension
began because you failed to cooperate.
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart I—[Amended]
4. The authority citation for subpart I
of part 416 continues to read as follows:

■

Authority: Secs. 702(a)(5), 1611, 1614,
1619, 1631(a), (c), (d)(1) and (p), and 1633 of
the Social Security Act (42 U.S.C. 902(a)(5),
1382, 1382c, 1382h, 1383(a), (c), (d)(1), and
(p), and 1383(b); secs. 4(c) and (5), 6(c)–(e),
14(a), and 15, Pub. L. 98–460, 98 Stat. 1794,
1801, 1802, and 1808 (42 U.S.C. 421 note,
423 note and 1382h note).

5. Section 416.992 is added to read as
follows:

■

sroberts on PROD1PC70 with RULES

§ 416.992 What happens if you fail to
comply with our request for information.

We will suspend your payments
before we make a determination
regarding your continued eligibility for
disability payments if you fail to
comply, without good cause (see
§ 416.1411), with our request for
information for your continuing
disability review or age-18
redetermination. The suspension is

VerDate Aug<31>2005

02:22 Oct 17, 2006

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effective with the month in which it is
determined in accordance with
§ 416.1322 that your eligibility for
disability payments has ended due to
your failure to comply with our request
for necessary information. When we
have received the information, we will
reinstate your payments for any
previous month for which they are
otherwise payable, and continue with
the CDR or age-18 redetermination
process. We will terminate your
eligibility for payments following 12
consecutive months of payment
suspension as discussed in § 416.1335.
[FR Doc. E6–17181 Filed 10–16–06; 8:45 am]
BILLING CODE 4191–02–P

DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1310
[Docket No. DEA–254F]
RIN 1117–AA90

Control of Sodium Permanganate as a
List II Chemical
Drug Enforcement
Administration (DEA), U.S. Department
of Justice.
ACTION: Final rule.
AGENCY:

SUMMARY: On March 1, 2005, the Drug
Enforcement Administration (DEA)
published a Notice of Proposed
Rulemaking (70 FR 9889) which
proposed the addition of sodium
permanganate as a List II chemical
because of its direct substitutability for
potassium permanganate (a List II
chemical) in the illicit production of
cocaine.
This rulemaking finalizes control of
sodium permanganate. As a List II
chemical, handlers of sodium
permanganate shall be subject to
Controlled Substances Act (CSA)
chemical regulatory controls including
recordkeeping, reporting, and import/
export requirements. DEA has
determined that these controls are
necessary to prevent the diversion of
this chemical to cocaine laboratories.
This rulemaking is also establishing a
cumulative threshold of 55 kilograms
and 500 kilograms (respectively) for
domestic and international transactions.
As such, all transactions which meet or
exceed these quantities (in a calendar
month) shall be considered regulated
transactions, subject to recordkeeping,
reporting and/or import/export
notification requirements. Additionally,
as a result of this rulemaking, chemical
mixtures having greater than 15 percent

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Fmt 4700

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60823

sodium permanganate shall be subject to
CSA chemical regulatory control
provisions.
All handlers of the List II chemical
sodium permanganate shall also be
subject to the applicable civil and
criminal penalty provisions found in 21
U.S.C. 841, 842, 843, 959 and 960.
DATES: Effective Date: December 18,
2006.
FOR FURTHER INFORMATION CONTACT:
Christine A. Sannerud Ph.D., Chief,
Drug and Chemical Evaluation Section,
Office of Diversion Control, Drug
Enforcement Administration,
Washington, DC 20537 at (202) 307–
7183.
SUPPLEMENTARY INFORMATION: The CSA
and its implementing regulations,
specifically 21 U.S.C. 802(35) and 21
CFR 1310.02(c), provide the Attorney
General with the authority to specify, by
regulation, additional chemicals as ‘‘List
II’’ chemicals if they are used in the
manufacture of a controlled substance
in violation of the CSA. This authority
has been delegated to the Administrator,
Drug Enforcement Administration
(DEA) by 28 CFR 0.100 and redelegated
to the Deputy Administrator under 28
CFR 0.104 (Subpart R) Appendix section
12.
On March 1, 2005, the DEA published
a Notice of Proposed Rulemaking (70 FR
9889) which proposed the addition of
sodium permanganate as a List II
chemical because of its direct
substitutability for potassium
permanganate (a List II chemical) in the
illicit production of cocaine.
Additionally, the Notice of Public Rule
Making (NPRM) proposed that a
threshold of 55 kilograms and 500
kilograms be established (respectively)
for domestic and international
transactions.
DEA also proposed that chemical
mixtures (containing sodium
permanganate) having less than or equal
to 15 percent sodium permanganate
shall qualify for automatic exemption
from CSA chemical regulatory controls
pursuant to 21 CFR Part 1310. Since
DEA recognizes that the concentration
limit exemption criteria cannot identify
all mixtures that should receive
exemption status, DEA has
implemented an application process to
exempt additional mixtures (21 CFR
1310.13). This application process was
finalized in a Final Rule published in
the Federal Register May 1, 2003 (68 FR
23195). Under the application process,
manufacturers may submit an
application for exemption for those
mixtures that do not qualify for
automatic exemption. Exemption status
can be granted if DEA determines that

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