Service of Process, 73135-73136 [05-23836]
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Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations
airspace and assigning by regulation or
order the airspace necessary to ensure
the safety of aircraft and the efficient
use of airspace. The FAA may modify or
revoke an assignment when required in
the public interest. This regulation is
within the scope of that authority
because it is in the public interest to
provide greater control of the airspace
for the safety of aircraft operating in the
vicinity of the newly established airport
traffic control tower.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
Accordingly, pursuant to the authority
delegated to me, the Federal Aviation
Administration amends part 71 of the
Federal Aviation Regulations (14 CFR
part 71) as follows:
I
will thereafter be continuously published in
the Airport/Facility Directory.
Paragraph 6005 Class E Airspace Areas
Extending upward from 700 feet or more
above the Surface of the Earth.
*
*
*
*
*
ASW TX E5 Del Rio, TX [Revised]
Del Rio, Laughlin ABF, TX
Lat. 29°21′34″ N, long. 100°46′41″ W
Laughlin VORTAC
Lat. 29°21′39″ N, long. 100°46′18″ W
That airspace extending upward from 700
feet above the surface within a 20 miles
radius of Laughlin VORTAC excluding
Mexican airspace.
*
*
*
*
*
Dated: Issued in Fort Worth, TX, on
December 1, 2005.
William C. Yuknewicz,
Acting Area Director, Central En Route and
Oceanic Operations.
[FR Doc. 05–23845 Filed 12–8–05; 8:45 am]
BILLING CODE 4910–13–M
PART 71—DESIGNATION OF CLASS A,
CLASS B, CLASS C, CLASS D, AND
CLASS E AIRSPACE AREAS;
AIRWAYS; ROUTES; AND REPORTING
POINTS
SOCIAL SECURITY ADMINISTRATION
1. The authority citation for part 71
continues to read as follows:
RIN 0960–AG34
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9563, 3 CFR 1959–
1963 Comp., p. 389.
§ 71.1
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9N,
Airspace Designations and Reporting
Points, dated September 1, 2005, and
effective September 16, 2005, is
amended as follows:
Paragraph 6003 Class E Airspace Area
From the Surface Designated as an Extension
*
*
*
*
ASW TX E3 Del Rio, TX [Revised]
Del Rio, Laughlin ABF, TX
Lat. 29°21′34″ N, long. 100°45′41″ W
Laughlin VORTAC
Lat. 29°21′39″ N, long. 100°46′18″ W
That airspace extending upward from the
surface within 2 miles each side of the 003°
radial of the Laughlin VORTAC extending
from the 5 mile radius of Laughlin AFB to
10 mile radius north of the airport, and a
south extension from the 070° radial of the
Laughlin VORTAC clockwise to the 195°
radial from the 5 mile radius of Laughlin
AFB to 5.5 mile radius, and 2.6 miles each
side of the 145° radial of the Laughlin
VORTAC extending from 5.5 miles to 6.6
miles and 2.6 miles each side of the 305°
radial of the Laughlin VORTAC from the 5
mile radius of Laughlin AFB to 6.6 mile
radius northeast of Laughlin AFB. This Class
E airspace area is effective during the specific
dates and times established in advance by a
Notice to Airmen. The effective date and time
VerDate Aug<31>2005
Service of Process
AGENCY:
17:14 Dec 08, 2005
Jkt 208001
Social Security Administration
(SSA).
ACTION:
[Amended]
I
*
20 CFR Part 423
Final rules.
SUMMARY: We are amending our rules
regarding service of legal process in
lawsuits involving judicial review of
Agency final decisions on individual
claims for benefits under titles II, VIII,
and/or XVI of the Social Security Act
(Act). Under the current rules,
summonses and complaints in these
types of cases are required to be sent to
the Social Security Administration
(SSA), Office of the General Counsel
(OGC) in Baltimore, Maryland. These
final rules provide that summonses and
complaints in these types of cases shall
be mailed directly to the OGC office that
is responsible for the processing and
handling of litigation in the particular
jurisdiction in which the complaint has
been filed. The names and addresses of
those offices, and the jurisdictions for
which they are currently responsible,
are detailed in a separate notice in the
Notices section of today’s Federal
Register. Future changes in the
addresses and/or jurisdictional
responsibilities of these offices will
similarly be published in the Federal
Register. Current procedures for service
of summonses and complaints in all
other types of cases filed against SSA,
i.e., those that do not involve judicial
review of Agency final decisions on
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
73135
individual claims for benefits under
titles II, VIII, and/or XVI of the Act, are
not affected by this change.
DATES: These regulations are effective
December 9, 2005.
Electronic Version: The electronic file
of this document is available on the date
of publication in the Federal Register
on the Internet site for the Government
Printing Office, https://
www.gpoaccess.gov/fr/.
FOR FURTHER INFORMATION CONTACT:
Lawrence A. Levey, Office of the
General Counsel, Office of Program Law,
Social Security Administration, 6401
Security Boulevard, Baltimore, MD
21235–6401, (410) 965–3460.
SUPPLEMENTARY INFORMATION: The
current rules at 20 CFR part 423,
entitled Service of Process, have been in
effect since April 14, 1995, and reflect
essentially the same procedures and
practices that were applicable to SSA
when it was a component of the
Department of Health and Human
Services. At that time, the OGC office in
Baltimore was our office of record for all
nationwide litigation involving judicial
review of individual benefit claims
arising under titles II, VIII, and/or XVI
of the Act (transcript litigation). We
recently have changed some of our
procedures for the processing and
handling of this litigation. In particular,
the Regional Chief Counsels’ offices are
now the OGC offices of record for their
specific assigned jurisdictions. The
current rules, which require that all
summonses and complaints be mailed
to SSA’s General Counsel in Baltimore,
Maryland, do not reflect these changes
of responsibility.
These new rules more accurately
reflect SSA’s current procedures for the
processing and handling of transcript
litigation cases. Pursuant to these rules,
summonses and complaints in
transcript litigation cases shall be
mailed directly to the OGC office that is
responsible for the processing and
handling of litigation in the particular
jurisdiction in which the complaint has
been filed. This change is designed to
eliminate the need for unnecessary
transfers between OGC offices, to reduce
delays on SSA’s part in responding to
summonses and complaints, and to
improve the efficiency of SSA’s
litigation processes.
Explanation of Changes
We are revising § 423.1 by providing,
in a new paragraph (a), that summonses
and complaints in transcript litigation
cases shall be served by mailing them
directly to the OGC office which is
responsible for the processing and
handling of litigation in the particular
E:\FR\FM\09DER1.SGM
09DER1
73136
Federal Register / Vol. 70, No. 236 / Friday, December 9, 2005 / Rules and Regulations
jurisdiction in which the complaint has
been filed. Paragraph (a) further
provides that the names, addresses, and
jurisdictional responsibilities of the
various OGC offices will be published in
the Federal Register and made available
on-line at SSA’s Internet site, https://
www.socialsecurity.gov. The current
procedures for service of complaints
and summonses in cases that do not
involve judicial review of individual
benefit claims arising under titles II,
VIII, and/or XVI of the Act are
unaffected by this change, and are set
forth in a new paragraph (b).
Since complaints and summonses in
cases falling within the purview of
§ 423.1 are appropriately served upon
the Commissioner, we have also
removed from that section the current
reference to service upon ‘‘other
employees of the Social Security
Administration in their official
capacities.’’
Regulatory Procedures
Pursuant to section 702(a)(5) of the
Social Security Act, 42 U.S.C. 902(a)(5),
as amended by section 102 of Public
Law 103–296, 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 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.
In the case of these final rules, we
have determined that, under 5 U.S.C.
553(b)(B), good cause exists for
dispensing with the notice and public
comment procedures. Good cause exists
because these regulations merely
conform our rules on service of process
to our internal distribution of
responsibility for the handling and
processing of litigation, contain no
substantive changes in policy or
interpretation, and have no significant
effect upon claimants for benefits or
payments under the programs we
administer and no significant effect
upon the public. In addition, these rules
provide only rules of practice and
procedure which do not require public
comment procedures. Therefore,
opportunity for prior comment is
unnecessary, and we are issuing these
regulations as final rules.
In addition, we find good cause for
dispensing with the 30-day delay in the
effective date of a substantive rule
provided by 5 U.S.C. 553(d). For the
reasons cited above, we find that it is in
the public interest to make this final
rule effective on the date of publication.
VerDate Aug<31>2005
16:58 Dec 08, 2005
Jkt 208001
Executive Order 12866, as Amended by
Executive Order 13258
We certify that these final regulations
will not have a significant economic
impact on a substantial number of small
entities under the criteria of the
Regulatory Flexibility Act, as amended,
5 U.S.C. 601 et seq., as they affect only
individuals. Therefore, a regulatory
flexibility analysis as provided in the
Regulatory Flexibility Act, as amended,
is not required.
of the Social Security Act, summonses
and complaints to be served by mail on
the Social Security Administration or
the Commissioner of Social Security
should be sent to the office in the Social
Security Administration’s Office of the
General Counsel that is responsible for
the processing and handling of litigation
in the particular jurisdiction in which
the complaint has been filed. The
names, addresses, and jurisdictional
responsibilities of these offices are
published in the Federal Register, and
are available on-line at the Social
Security Administration’s Internet site,
https://www.socialsecurity.gov.
(b) Other suits. In cases that do not
involve claims described in paragraph
(a) of this section, summonses and
complaints to be served by mail on the
Social Security Administration or the
Commissioner of Social Security should
be sent to the General Counsel, Social
Security Administration, Room 617,
Altmeyer Building, 6401 Security
Boulevard, Baltimore, MD 21235.
Paperwork Reduction Act
[FR Doc. 05–23836 Filed 12–8–05; 8:45 am]
These final regulations impose no
additional information collection
requirements requiring OMB clearance
under the Paperwork Reduction Act of
1995, 44 U.S.C. 3501, et seq.
BILLING CODE 4191–02–P
(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)
Food and Drug Administration
List of Subjects in 20 CFR Part 423
AGENCY:
We have consulted with the Office of
Management and Budget (OMB) and
determined that these proposed
regulations do not meet the criteria for
a significant regulatory action under
Executive Order (E.O.) 12866, as
amended by E.O. 13258. Thus, they
were not subject to OMB review. We
have also determined that these rules
meet the plain language requirement of
Executive Order 12866, as amended by
Executive Order 13258.
Regulatory Flexibility Act
Courts.
Oral Dosage Form New Animal Drugs;
Sulfadimethoxine Soluble Powder
ACTION:
For the reasons set forth in the
preamble, we are amending part 423 of
title 20 of the Code of Federal
Regulations as follows:
I
PART 423—SERVICE OF PROCESS
1. The authority citation for part 423
continues to read as follows:
I
Authority: Secs. 701 and 702(a)(5) of the
Social Security Act (42 U.S.C. 901 and
902(a)(5)).
2. Section 423.1 is revised to read as
follows:
I
§ 423.1 Suits against the Social Security
Administration and its employees in their
official capacities.
(a) Suits involving claims arising
under Titles II, VIII, and/or XVI. In cases
seeking judicial review of final Agency
decisions on individual claims for
benefits under titles II, VIII, and/or XVI
Frm 00014
21 CFR Part 520
Food and Drug Administration,
HHS.
Dated: December 5, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
PO 00000
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Fmt 4700
Sfmt 4700
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of an abbreviated new animal
drug application (ANADA) filed by
Cross Vetpharm Group Ltd. The
ANADA provides for the oral use of
sulfadimethoxine soluble powder to
create a solution administered as a
drench to cattle or in the drinking water
of chickens, turkeys, or cattle for the
treatment of coccidiosis or various
bacterial diseases.
DATES: This rule is effective December 9,
2005.
FOR FURTHER INFORMATION CONTACT: John
K. Harshman, Center for Veterinary
Medicine (HFV–104), Food and Drug
Administration, 7500 Standish Pl.,
Rockville, MD 20855, 240–276–9808, email: john.harshman@fda.gov.
SUPPLEMENTARY INFORMATION: Cross
Vetpharm Group Ltd., Broomhill Rd.,
Tallaght, Dublin 24, Ireland, filed
E:\FR\FM\09DER1.SGM
09DER1
]]>Agencies
[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Rules and Regulations]
[Pages 73135-73136]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23836]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 423
RIN 0960-AG34
Service of Process
AGENCY: Social Security Administration (SSA).
ACTION: Final rules.
-----------------------------------------------------------------------
SUMMARY: We are amending our rules regarding service of legal process
in lawsuits involving judicial review of Agency final decisions on
individual claims for benefits under titles II, VIII, and/or XVI of the
Social Security Act (Act). Under the current rules, summonses and
complaints in these types of cases are required to be sent to the
Social Security Administration (SSA), Office of the General Counsel
(OGC) in Baltimore, Maryland. These final rules provide that summonses
and complaints in these types of cases shall be mailed directly to the
OGC office that is responsible for the processing and handling of
litigation in the particular jurisdiction in which the complaint has
been filed. The names and addresses of those offices, and the
jurisdictions for which they are currently responsible, are detailed in
a separate notice in the Notices section of today's Federal Register.
Future changes in the addresses and/or jurisdictional responsibilities
of these offices will similarly be published in the Federal Register.
Current procedures for service of summonses and complaints in all other
types of cases filed against SSA, i.e., those that do not involve
judicial review of Agency final decisions on individual claims for
benefits under titles II, VIII, and/or XVI of the Act, are not affected
by this change.
DATES: These regulations are effective December 9, 2005.
Electronic Version: The electronic file of this document is
available on the date of publication in the Federal Register on the
Internet site for the Government Printing Office, https://
www.gpoaccess.gov/fr/.
FOR FURTHER INFORMATION CONTACT: Lawrence A. Levey, Office of the
General Counsel, Office of Program Law, Social Security Administration,
6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-3460.
SUPPLEMENTARY INFORMATION: The current rules at 20 CFR part 423,
entitled Service of Process, have been in effect since April 14, 1995,
and reflect essentially the same procedures and practices that were
applicable to SSA when it was a component of the Department of Health
and Human Services. At that time, the OGC office in Baltimore was our
office of record for all nationwide litigation involving judicial
review of individual benefit claims arising under titles II, VIII, and/
or XVI of the Act (transcript litigation). We recently have changed
some of our procedures for the processing and handling of this
litigation. In particular, the Regional Chief Counsels' offices are now
the OGC offices of record for their specific assigned jurisdictions.
The current rules, which require that all summonses and complaints be
mailed to SSA's General Counsel in Baltimore, Maryland, do not reflect
these changes of responsibility.
These new rules more accurately reflect SSA's current procedures
for the processing and handling of transcript litigation cases.
Pursuant to these rules, summonses and complaints in transcript
litigation cases shall be mailed directly to the OGC office that is
responsible for the processing and handling of litigation in the
particular jurisdiction in which the complaint has been filed. This
change is designed to eliminate the need for unnecessary transfers
between OGC offices, to reduce delays on SSA's part in responding to
summonses and complaints, and to improve the efficiency of SSA's
litigation processes.
Explanation of Changes
We are revising Sec. 423.1 by providing, in a new paragraph (a),
that summonses and complaints in transcript litigation cases shall be
served by mailing them directly to the OGC office which is responsible
for the processing and handling of litigation in the particular
[[Page 73136]]
jurisdiction in which the complaint has been filed. Paragraph (a)
further provides that the names, addresses, and jurisdictional
responsibilities of the various OGC offices will be published in the
Federal Register and made available on-line at SSA's Internet site,
https://www.socialsecurity.gov. The current procedures for service of
complaints and summonses in cases that do not involve judicial review
of individual benefit claims arising under titles II, VIII, and/or XVI
of the Act are unaffected by this change, and are set forth in a new
paragraph (b).
Since complaints and summonses in cases falling within the purview
of Sec. 423.1 are appropriately served upon the Commissioner, we have
also removed from that section the current reference to service upon
``other employees of the Social Security Administration in their
official capacities.''
Regulatory Procedures
Pursuant to section 702(a)(5) of the Social Security Act, 42 U.S.C.
902(a)(5), as amended by section 102 of Public Law 103-296, 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 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.
In the case of these final rules, we have determined that, under 5
U.S.C. 553(b)(B), good cause exists for dispensing with the notice and
public comment procedures. Good cause exists because these regulations
merely conform our rules on service of process to our internal
distribution of responsibility for the handling and processing of
litigation, contain no substantive changes in policy or interpretation,
and have no significant effect upon claimants for benefits or payments
under the programs we administer and no significant effect upon the
public. In addition, these rules provide only rules of practice and
procedure which do not require public comment procedures. Therefore,
opportunity for prior comment is unnecessary, and we are issuing these
regulations as final rules.
In addition, we find good cause for dispensing with the 30-day
delay in the effective date of a substantive rule provided by 5 U.S.C.
553(d). For the reasons cited above, we find that it is in the public
interest to make this final rule effective on the date of publication.
Executive Order 12866, as Amended by Executive Order 13258
We have consulted with the Office of Management and Budget (OMB)
and determined that these proposed regulations do not meet the criteria
for a significant regulatory action under Executive Order (E.O.) 12866,
as amended by E.O. 13258. Thus, they were not subject to OMB review. We
have also determined that these rules meet the plain language
requirement of Executive Order 12866, as amended by Executive Order
13258.
Regulatory Flexibility Act
We certify that these final regulations will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act, as amended, 5 U.S.C. 601 et
seq., as they affect only individuals. Therefore, a regulatory
flexibility analysis as provided in the Regulatory Flexibility Act, as
amended, is not required.
Paperwork Reduction Act
These final regulations impose no additional information collection
requirements requiring OMB clearance under the Paperwork Reduction Act
of 1995, 44 U.S.C. 3501, et seq.
(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 in 20 CFR Part 423
Courts.
Dated: December 5, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
0
For the reasons set forth in the preamble, we are amending part 423 of
title 20 of the Code of Federal Regulations as follows:
PART 423--SERVICE OF PROCESS
0
1. The authority citation for part 423 continues to read as follows:
Authority: Secs. 701 and 702(a)(5) of the Social Security Act
(42 U.S.C. 901 and 902(a)(5)).
0
2. Section 423.1 is revised to read as follows:
Sec. 423.1 Suits against the Social Security Administration and its
employees in their official capacities.
(a) Suits involving claims arising under Titles II, VIII, and/or
XVI. In cases seeking judicial review of final Agency decisions on
individual claims for benefits under titles II, VIII, and/or XVI of the
Social Security Act, summonses and complaints to be served by mail on
the Social Security Administration or the Commissioner of Social
Security should be sent to the office in the Social Security
Administration's Office of the General Counsel that is responsible for
the processing and handling of litigation in the particular
jurisdiction in which the complaint has been filed. The names,
addresses, and jurisdictional responsibilities of these offices are
published in the Federal Register, and are available on-line at the
Social Security Administration's Internet site, https://
www.socialsecurity.gov.
(b) Other suits. In cases that do not involve claims described in
paragraph (a) of this section, summonses and complaints to be served by
mail on the Social Security Administration or the Commissioner of
Social Security should be sent to the General Counsel, Social Security
Administration, Room 617, Altmeyer Building, 6401 Security Boulevard,
Baltimore, MD 21235.
[FR Doc. 05-23836 Filed 12-8-05; 8:45 am]
BILLING CODE 4191-02-P
