[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Rules and Regulations]
[Pages 5939-5943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3405]
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SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 401, 404, 416, 422, and 423
[Regulation Nos. 1, 4, 16, 22, and 23]
RIN 0960-AE32
Revision of Authority Citations
AGENCY: Social Security Administration.
ACTION: Final rule with request for comments.
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SUMMARY: The authority citations for the Social Security Administration
(SSA) regulations are being revised. As of March 31, 1995, new
regulatory authority was given to the Commissioner of Social Security
by the Social Security Independence and Program Improvements Act of
1994 (the Independence Act). The authority citations are being revised
where appropriate to reflect this change in authority and other changes
in the law to provide updated citations for the public.
DATES: This rule is effective February 15, 1996. We will consider any
comments received no later than April 15, 1996.
ADDRESSES: Comments should be submitted in writing to the Commissioner
of Social Security, P.O. Box 1585, Baltimore, MD 21235, sent by telefax
to (410) 966-2830, sent by E-mail to regulations@ssa.gov'', or
delivered to the Division of Regulations and Rulings, Social Security
Administration, 3-B-1 Operations Building, 6401 Security Boulevard,
Baltimore, MD 21235, between 8:00 a.m. and 4:30 p.m. on regular
business days. Comments may be inspected during these same hours by
making arrangements with the contact person shown below.
FOR FURTHER INFORMATION CONTACT: Daniel T. Bridgewater, Legal
Assistant, Division of Regulations and Rulings, Social Security
Administration, 6401 Security Boulevard, Baltimore, MD 21235, (410)
965-3298 for information about this rule. For information on
eligibility or claiming benefits, call our national toll-free number,
1-800-772-1213.
[[Page 5940]]
SUPPLEMENTARY INFORMATION: SSA is revising the statutory authority
citations for the following parts under 20 CFR chapter III:
1. Part 401--Disclosure of Official Records and Information;
2. Part 404--Federal Old-Age, Survivors and Disability Insurance
(1950- );
3. Part 416--Supplemental Security Income for the Aged, Blind, and
Disabled;
4. Part 422--Organization and Procedures; and
5. Part 423--Service of Process.
Prior to March 31, 1995, the general regulatory authority for SSA
programs and administration was vested in the Secretary of Health and
Human Services (the Secretary) and was based on section 1102 of the
Social Security Act (the Act)(42 U.S.C. 1302). However, the
Independence Act, Public Law 103-296, established the Social Security
Administration as an independent agency in the Executive Branch of the
Federal government and provided general regulatory authority effective
March 31, 1995, in the Commissioner of Social Security (the
Commissioner) in section 702(a)(5) of the Act (42 U.S.C. 902(a)(5)).
Where current authority citations in parts 401, 404, 416, 422, and
423 refer to the Secretary's authority, SSA is revising them to refer
solely to the Commissioner's authority. SSA is also updating the
citations to remove obsolete references and reflect changes in the law
since the citations were last revised.
Electronic Version
The electronic file of this document is available on the Federal
Bulletin Board (FBB) at 9:00 A.M. on the date of publication in the
Federal Register. To download the file, modem dial (202) 512-1387. The
FBB instructions will explain how to download the file and the fee.
This file is in WordPerfect and will remain on the FBB during the
comment period.
Regulatory Procedures
Pursuant to section 702(a)(5) of the Act (42 U.S.C. 902(a)(5)), SSA
follows the Administrative Procedure Act (APA) rulemaking procedures
specified in 5 U.S.C. 553 in the development of its regulations. The
APA provides exceptions to its prior notice and public comment
procedures when an agency finds there is good cause for dispensing with
such procedures on the basis that they are impracticable, unnecessary,
or contrary to the public interest.
We have determined that, under 5 U.S.C. 553(b)(B), good cause
exists for dispensing with the notice and public comment procedures in
this case. Good cause exists because these are minor technical changes
which make no substantive change in the regulations and have no effect
on the public. Therefore, opportunity for prior comment is unnecessary,
and we are issuing these changes to our regulations as a final rule.
SSA is publishing these regulations as a final rule with a 60-day
comment period. SSA will consider any timely comments and will revise
and republish this rule if the public comments warrant.
In addition, SSA is not providing a 30-day delay in the effective
date of this final rule under 5 U.S.C. 553(d). This is not a
substantive rule, and there is no change in policy. Accordingly, the
requirements of 5 U.S.C. 553(d) are inapplicable.
Executive Order 12866
SSA has consulted with the Office of Management and Budget (OMB)
and determined that this final rule does not meet the criteria for a
significant regulatory action under Executive Order 12866. Thus, it was
not subject to OMB review.
Regulatory Flexibility Act
SSA certifies that this final rule will not have a significant
economic impact on a substantial number of small entities since it
makes no changes in policy. Therefore, a regulatory flexibility
analysis as provided in Public Law 96-354, the Regulatory Flexibility
Act, is not required.
Paperwork Reduction Act
This final rule imposes no additional reporting or recordkeeping
requirements subject to OMB clearance.
(Catalog of Federal Domestic Assistance Program Nos. 96.001 Social
Security-Disability Insurance; 96.002 Social Security--Retirement
Insurance; 96.003 Social Security--Special Benefits for Persons Aged
72 and Over; 96.004 Social Security--Survivors Insurance; 96.005
Special Benefits for Disabled Coal Miners; 96.006 Supplemental
Security Income; 96.007 Social Security--Research and Demonstration)
List of Subjects
20 CFR Part 401
Administrative practice and procedure, Disclosure, Privacy, Social
security, Supplemental Security Income (SSI).
20 CFR Part 404
Administrative practice and procedure, Blind, Old-Age, Survivors
and 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, Supplemental Security Income
(SSI), Reporting and recordkeeping requirements.
20 CFR Part 422
Administrative practice and procedure, Freedom of information,
Organization and functions (Government agencies), Social security.
20 CFR Part 423
Courts.
Dated: February 1, 1996.
Shirley S. Chater,
Commissioner of Social Security.
For the reasons set out in the preamble, 20 CFR chapter III is
amended as follows:
PART 401--DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION
1. An authority citation is added after the table of contents for
part 401 and before the regulatory text for part 401 to read as
follows:
Authority: Secs. 205, 702(a)(5), 1106, and 1141 of the Social
Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5
U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923.
2. The authority citation for each subpart in part 401 is removed.
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart A--[Amended]
1. The authority citation for subpart A of part 404 is revised to
read as follows:
Authority: Secs. 203, 205(a), 216(j), and 702(a)(5) of the
Social Security Act (42 U.S.C. 403, 405(a), 416(j), and 902(a)(5)).
Subpart B--[Amended]
2. The authority citation for subpart B of part 404 is revised to
read as follows:
Authority: Secs. 205(a), 212, 213, 214, 216, 217, 223, and
702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 412, 413,
414, 416, 417, 423, and 902(a)(5)).
Subpart C--[Amended]
3. The authority citation for subpart C of part 404 is revised to
read as follows:
Authority: Secs. 202(a), 205(a), 215, and 702(a)(5) of the
Social Security Act (42 U.S.C. 402(a), 405(a), 415, and 902(a)(5)).
[[Page 5941]]
Subpart D--[Amended]
4. The authority citation for subpart D of part 404 is revised 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)).
Subpart E--[Amended]
5. The authority citation for subpart E of part 404 is revised to
read as follows:
Authority: Secs. 202, 203, 204 (a) and (e), 205 (a) and (c),
222(b), 223(e), 224, 225, and 702(a)(5) of the Social Security Act
(42 U.S.C. 402, 403, 404 (a) and (e), 405 (a) and (c), 422(b),
423(e), 424a, 425, and 902(a)(5)).
Subpart F--[Amended]
6. The authority citation for subpart F of part 404 is revised to
read as follows:
Authority: Secs. 204(a)-(d), 205(a), and 702(a)(5) of the Social
Security Act (42 U.S.C. 404(a)-(d), 405(a), and 902(a)(5)); 31
U.S.C. 3720A.
Subpart G--[Amended]
7. The authority citation for subpart G of part 404 is revised to
read as follows:
Authority: Secs. 202 (i), (j), (o), (p), and (r), 205(a),
216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act
(42 U.S.C. 402 (i), (j), (o), (p), and (r), 405(a), 416(i)(2),
423(b), 428(a), and 902(a)(5)).
Subpart H--[Amended]
8. The authority citation for subpart H of part 404 is revised to
read as follows:
Authority: Secs. 205(a) and 702(a)(5) of the Social Security Act
(42 U.S.C. 405(a) and 902(a)(5)).
Subpart I--[Amended]
9. The authority citation for subpart I of part 404 is revised to
read as follows:
Authority: Secs. 205(a), (c)(1), (c)(2)(A), (c)(4), (c)(5),
(c)(6), and (p), 702(a)(5), and 1143 of the Social Security Act (42
U.S.C. 405(a), (c)(1), (c)(2)(A), (c)(4), (c)(5), (c)(6), and (p),
902(a)(5), and 1320b-13).
Subpart J--[Amended]
10. The authority citation for subpart J of part 404 is revised to
read as follows:
Authority: Secs. 201(j), 205(a), (b), (d)-(h), and (j), 221,
225, and 702(a)(5) of the Social Security Act (42 U.S.C. 401(j),
405(a), (b), (d)-(h), and (j), 421, 425, and 902(a)(5)); 31 U.S.C.
3720A; sec. 5, Pub. L. 97-455, 96 Stat. 2500 (42 U.S.C. 405 note);
secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98 Stat. 1802 (42 U.S.C.
421 note).
Subpart K--[Amended]
11. The authority citation for subpart K of part 404 is revised to
read as follows:
Authority: Secs. 202(v), 205(a), 209, 210, 211, 229(a), 230,
231, and 702(a)(5) of the Social Security Act (42 U.S.C. 402(v),
405(a), 409, 410, 411, 429(a), 430, 431, and 902(a)(5)).
Subpart M--[Amended]
12. The authority citation for subpart M of part 404 is revised to
read as follows:
Authority: Secs. 205, 210, 218, and 702(a)(5) of the Social
Security Act (42 U.S.C. 405, 410, 418, and 902(a)(5)); sec. 12110,
Pub. L. 99-272, 100 Stat. 287 (42 U.S.C. 418 note); sec. 9002, Pub.
L. 99-509, 100 Stat. 1970.
Subpart N--[Amended]
13. The authority citation for subpart N of part 404 is revised to
read as follows:
Authority: Secs. 205(a) and (p), 210(l) and (m), 215(h), 217,
229, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a) and
(p), 410(l) and (m), 415(h), 417, 429, and 902(a)(5)).
Subpart O--[Amended]
14. The authority citation for subpart O of part 404 is revised to
read as follows:
Authority: Secs. 202(l), 205(a), (c)(5)(D), (i), and (o),
210(a)(9) and (l)(4), 211(c)(3), and 702(a)(5) of the Social
Security Act (42 U.S.C. 402(l), 405(a), (c)(5)(D), (i), and (o),
410(a)(9) and (l)(4), 411(c)(3), and 902(a)(5)).
Subpart P--[Amended]
15. The authority citation for subpart P of part 404 is revised 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)).
Subpart Q--[Amended]
16. The authority citation for subpart Q of part 404 is revised to
read as follows:
Authority: Secs. 205(a), 221, and 702(a)(5) of the Social
Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).
Subpart R--[Amended]
17. The authority citation for subpart R of part 404 is revised to
read as follows:
Authority: Secs. 205(a), 206, and 702(a)(5) of the Social
Security Act (42 U.S.C. 405(a), 406, and 902(a)(5)).
Subpart S--[Amended]
18. The authority citation for subpart S of part 404 is revised to
read as follows:
Authority: Secs. 205(a) and (n), 207, and 702(a)(5) of the
Social Security Act (42 U.S.C. 405(a) and (n), 407, and 902(a)(5)).
Subpart T--[Amended]
19. The authority citation for subpart T of part 404 is revised to
read as follows:
Authority: Secs. 205(a), 233, and 702(a)(5) of the Social
Security Act (42 U.S.C. 405(a), 433, and 902(a)(5)).
Subpart U--[Amended]
20. The authority citation for subpart U of part 404 is revised to
read as follows:
Authority: Secs. 205 (a), (j), and (k), and 702(a)(5) of the
Social Security Act (42 U.S.C. 405 (a), (j), and (k), and
902(a)(5)).
Subpart V--[Amended]
21. The authority citation for subpart V of part 404 is revised to
read as follows:
Authority: Secs. 205(a), 222, and 702(a)(5) of the Social
Security Act (42 U.S.C. 405(a), 422, and 902(a)(5)).
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart A--[Amended]
1. The authority citation for subpart A of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5) and 1601-1635 of the Social Security
Act (42 U.S.C. 902(a)(5) and 1381-1383d); sec. 212, Pub. L. 93-66,
87 Stat. 155 (42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90
Stat. 268 (48 U.S.C. 1681 note).
Subpart B--[Amended]
2. The authority citation for subpart B of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1615(c),
1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C.
902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383,
and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155
(42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48
U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C.
1382h note).
Subpart C--[Amended]
3. The authority citation for subpart C of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1611, and 1631 (a), (d), and (e) of
the Social Security Act (42 U.S.C. 902(a)(5), 1382, and 1383 (a),
(d), and (e)).
[[Page 5942]]
Subpart D--[Amended]
4. The authority citation for subpart D of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1611 (a), (b), (c), and (e), 1612,
1617, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382
(a), (b), (c), and (e), 1382a, 1382f, and 1383).
Subpart E--[Amended]
5. The authority citation for subpart E of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1601, 1602, 1611 (c) and (e), and
1631 (a)-(d) and (g) of the Social Security Act (42 U.S.C.
902(a)(5), 1381, 1381a, 1382 (c) and (e), and 1383 (a)-(d) and (g)).
Subpart F--[Amended]
6. The authority citation for subpart F of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1631 (a)(2) and (d)(1) of the Social
Security Act (42 U.S.C. 902(a)(5) and 1383 (a)(2) and (d)(1)).
Subpart G--[Amended]
7. The authority citation for subpart G of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1611, 1612, 1613, 1614, and 1631 of
the Social Security Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b,
1382c, and 1383); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C.
1382 note).
Subpart H--[Amended]
8. The authority citation for subpart H of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1601, 1614(a)(1) and 1631 of the
Social Security Act (42 U.S.C. 902(a)(5), 1381, 1382c(a)(1), and
1383).
Subpart I--[Amended]
9. The authority citation for subpart I of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), and
(d)(1), and 1633 of the Social Security Act (42 U.S.C. 902(a)(5),
1382, 1382c, 1382h, 1383(a), (c), and (d)(1), and 1383b); 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, 1382h note).
Subpart J--[Amended]
10. The authority citation for subpart J of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1614, 1631, and 1633 of the Social
Security Act (42 U.S.C. 902(a)(5), 1382c, 1383, and 1383b).
Subpart K--[Amended]
11. The authority citation for subpart K of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),
1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211,
Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
Subpart L--[Amended]
12. The authority citation for subpart L of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),
1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),
1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211,
Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).
Subpart M--[Amended]
13. The authority citation for subpart M of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1611-1615, 1619, and 1631 of the
Social Security Act (42 U.S.C. 902(a)(5), 1382-1382d, 1382h, and
1383).
Subpart O--[Amended]
14. The authority citation for subpart O of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5) and 1631(d) of the Social Security
Act (42 U.S.C. 902(a)(5) and 1383(d)).
Subpart P--[Amended]
15. The authority citation for subpart P of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1614(a)(1)(B) and (e), and 1631 of
the Social Security Act (42 U.S.C. 902(a)(5), 1382c(a)(1)(B) and
(e), and 1383); 8 U.S.C. 1254a; sec. 502, Pub. L. 94-241, 90 Stat.
268 (48 U.S.C. 1681 note).
Subpart Q--[Amended]
16. The authority citation for subpart Q of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1611(e)(3), 1615, and 1631 of the
Social Security Act (42 U.S.C. 902(a)(5), 1382(e)(3), 1382d, and
1383).
Subpart R--[Amended]
17. The authority citation for subpart R of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1614(b), (c), and (d), and
1631(d)(1) and (e) of the Social Security Act (42 U.S.C. 902(a)(5),
1382c (b), (c), and (d), and 1383 (d)(1) and (e)).
Subpart S--[Amended]
18. The authority citation for subpart S of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5) and 1631 of the Social Security Act
(42 U.S.C. 902(a)(5) and 1383).
Subpart T--[Amended]
19. The authority citation for subpart T of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1616, 1618, and 1631 of the Social
Security Act (42 U.S.C. 902(a)(5), 1382e, 1382g, and 1383); sec.
212, Pub. L. 93-66, 87 Stat. 155 (42 U.S.C. 1382 note); sec. 8(a),
(b)(1)-(b)(3), Pub. L. 93-233, 87 Stat. 956 (7 U.S.C. 612c note,
1431 note and 42 U.S.C. 1382e note); secs. 1(a)-(c) and 2(a),
2(b)(1), 2(b)(2), Pub. L. 93-335, 88 Stat. 291 (42 U.S.C. 1382 note,
1382e note).
Subpart U--[Amended]
20. The authority citation for subpart U of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1106, 1631(d)(1), and 1634 of the
Social Security Act (42 U.S.C. 902(a)(5), 1306, 1383(d)(1), and
1383c).
Subpart V--[Amended]
21. The authority citation for subpart V of part 416 is revised to
read as follows:
Authority: Secs. 702(a)(5), 1615, and 1631(d)(1) and (e) of the
Social Security Act (42 U.S.C. 902(a)(5), 1382d, and 1383(d)(1) and
(e)); sec. 2344, Pub. L. 97-35, 95 Stat. 867 (42 U.S.C. 1382d note).
PART 422--ORGANIZATION AND PROCEDURES
1. The authority citation at the end of the table of contents is
removed.
Subpart A--[Amended]
2. The authority citation for subpart A of part 422 is added after
the heading and before the regulatory text for this subpart to read as
follows:
Authority: Secs. 205, 218, 221, and 701-704 of the Social
Security Act (42 U.S.C. 405, 418, 421, and 901-904).
Subpart B--[Amended]
3. The authority citation for subpart B of part 422 is revised to
read as follows:
Authority: Secs. 205, 232, 702(a)(5), 1131, and 1143 of the
Social Security Act (42 U.S.C. 405, 432, 902(a)(5), 1320b-1, and
1320b-13).
Subpart C--[Amended]
4. The authority citation for subpart C of part 422 is revised to
read as follows:
Authority: Secs. 205, 221, and 702(a)(5) of the Social Security
Act (42 U.S.C. 405, 421, and 902(a)(5)); 30 U.S.C. 923(b).
[[Page 5943]]
Subpart E--[Amended]
5. The authority citation for subpart E of part 422 is revised to
read as follows:
Authority: Secs. 205(a), 702(a)(5), and 1106 of the Social
Security Act (42 U.S.C. 405(a), 902(a)(5), and 1306); 5 U.S.C. 552
and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923(b).
Subpart F--[Amended]
6. The authority citation for subpart F of part 422 is revised to
read as follows:
Authority: Secs. 205 and 702(a)(5) of the Social Security Act
(42 U.S.C. 405 and 902(a)(5)). Section 422.512 is also issued under
30 U.S.C. 901 et seq.
Subpart G--[Amended]
7. The authority citation for subpart G of part 422 is revised to
read as follows:
Authority: 26 U.S.C. 9701-9708.
PART 423--SERVICE OF PROCESS
1. The authority citation for part 423 is revised to read as
follows:
Authority: Sec. 701 and 702(a)(5) of the Social Security Act (42
U.S.C. 901 and 902(a)(5)).
[FR Doc. 96-3405 Filed 2-14-96; 8:45 am]
BILLING CODE 4190-29-P
