Social Security Number (SSN) Cards; Limiting Replacement Cards, 74649-74652 [05-23962]
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Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations
Unsafe Condition
(d) This AD results from a report of a
restriction in the pilot’s elevator input
control system. Although the cause of the
incident was indeterminate, a design review
performed on the elevator input torque tube
assembly in the course of the investigation
discovered possible failure modes that could
lead to a jam of the elevator control system.
We are issuing this AD to prevent loss of
elevator control and consequent reduced
controllability of the airplane.
Issued in Renton, Washington, on
November 25, 2005.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 05–24151 Filed 12–15–05; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 422
Compliance
(e) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
RIN 0960–AG25
Social Security Number (SSN) Cards;
Limiting Replacement Cards
Modification
Social Security Administration
(SSA).
(f) Within 60 months after the effective
date of this AD: Modify the elevator input
torque tube assembly by doing all the actions
in accordance with the Accomplishment
Instructions of the applicable service bulletin
in Table 1 of this AD. Where the applicable
service bulletin specifies to re-identify the
modified elevator torque tube assemblies
using a rubber stamp, the part may be reidentified using a permanent method that is
acceptable to the appropriate principal
inspector in the FAA Flight Standards
Certificate Holding District Office.
Alternative Methods of Compliance
(AMOCs)
(g)(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested in accordance with the procedures
found in 14 CFR 39.19.
(2) Before using any AMOC approved in
accordance with § 39.19 on any airplane to
which the AMOC applies, notify the
appropriate principal inspector in the FAA
Flight Standards Certificate Holding District
Office.
Material Incorporated by Reference
(h) You must use Boeing Alert Service
Bulletin 737–27A1274, dated February 17,
2005; or Boeing Alert Service Bulletin 737–
27A1271, dated December 16, 2004; as
applicable, to perform the actions that are
required by this AD, unless the AD specifies
otherwise. The Director of the Federal
Register approved the incorporation by
reference of these documents in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Contact Boeing Commercial Airplanes, P.O.
Box 3707, Seattle, Washington 98124–2207,
for a copy of this service information. You
may review copies at the Docket Management
Facility, U.S. Department of Transportation,
400 Seventh Street SW., room PL–401, Nassif
Building, Washington, DC; on the Internet at
https://dms.dot.gov; or at the National
Archives and Records Administration
(NARA). For information on the availability
of this material at the NARA, call (202) 741–
6030, or go to https://www.archives.gov/
federal_register/code_of_federal_regulations/
ibr_locations.html.
VerDate Aug<31>2005
AGENCY:
16:21 Dec 15, 2005
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Interim final rule with request
for comments.
ACTION:
SUMMARY: These regulations reflect and
implement amendments to the Social
Security Act (the Act) made by part of
the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA). Section
7213(a)(1)(A) of the IRTPA requires that
we limit individuals to three
replacement SSN cards per year and ten
replacement SSN cards during a
lifetime. The provision permits us to
allow for reasonable exceptions from
these limits on a case-by-case basis in
compelling circumstances. This
provision also helps us to further
strengthen the security and integrity of
the SSN issuance process. The limits on
replacement SSN cards will be
established prospectively, effective no
later than December 17, 2005, regardless
of the date we issue final rules in the
Federal Register.
DATES: These final rules with request for
comment are effective December 16,
2005. To be sure that your comments are
considered, we must receive them no
later than February 14, 2006.
ADDRESSES: You may give us your
comments by: using our Internet facility
(i.e., Social Security Online) at https://
policy.ssa.gov/erm/rules.nsf/
Rules+Open+To+Comment or the
Federal eRulemaking Portal at https://
www.regulations.gov; e-mail to
regulations@ssa.gov; telefax to (410)
966–2830; or letter to the Commissioner
of Social Security, P.O. Box 17703,
Baltimore, MD 21235–7703. You may
also deliver them to the Office of
Regulations, Social Security
Administration, 100 Altmeyer Building,
6401 Security Boulevard, Baltimore, MD
21235–6401, between 8 a.m. and 4:30
p.m. on regular business days.
Comments are posted on our Internet
site, or you may inspect them physically
on regular business days by making
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74649
arrangements with the contact person
shown in this preamble.
Electronic Version. The electronic file
of this document is available on the date
of publication in the Federal Register at
https://www.gpoaccess.gov/fr/
index.html.
FOR FURTHER INFORMATION CONTACT:
Robert J. Augustine, Social Insurance
Specialist, Office of Regulations, 100
Altmeyer Building, Social Security
Administration, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
(410) 965–0020, or TTY (410) 966–5609.
For information on eligibility or filing
for benefits, call our national toll-free
numbers, 1–800–772–1213 or TTY 1–
800–325–0778, or visit our Internet Web
site, Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
Our current regulations at 20 CFR
422.103(e), Replacement of social
security number card, state that:
• In the case of lost or damaged SSN
card, a duplicate card bearing the same
name and number may be issued, and
• In the case of a need to change the
name on the card, a corrected card
bearing the same number and the new
name may be issued.
Furthermore, our regulations at 20
CFR 422.110(a) currently state that an
individual who wishes to change his or
her name or other personal identifying
information must prove his or her
identity and may be required to provide
other evidence. If a completed request
and all applicable evidence are received
for a change in name, a new SSN card
with the new name and bearing the
same number previously assigned will
be issued to the person making the
request.
Our current regulations do not put
any numerical limits on the number of
replacement SSN cards an individual
may obtain. Prior to the new statutory
replacement SSN card limit, the only
limitation on the number of cards has
been a protocol in our electronic records
that prevents the issuance of a
replacement SSN card within seven
days of a previous issuance.
Section 7213(a)(1)(A) of Public Law
108–458 (the Intelligence Reform and
Terrorism Prevention Act of 2004),
enacted on December 17, 2004, requires
that we restrict the issuance of multiple
replacement SSN cards to any
individual to three replacement SSN
cards per year and ten replacement
cards for the life of the individual. The
statute mandates enforcement of the
limits not later than one year after
December 17, 2004. In applying these
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Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations
limits, we will not consider replacement
social security number cards issued
prior to December 17, 2005. The
provision also states that we may allow
for reasonable exceptions from the
limits on a case-by-case basis in
compelling circumstances. In order to
comply with this provision of Public
Law 108–458, we are revising
§§ 422.103 and 422.110 of our
regulations.
We are also making nonsubstantive
changes to § 422.107 to streamline the
wording in this section.
Explanation of Changes
Section 422.103
Numbers
Social Security
We are revising § 422.103(e) of our
regulations by restricting the number of
replacement cards an individual may
obtain both during a year and over a
lifetime. These limits are set at three
replacement SSN cards in a year and ten
per lifetime. However, as permitted by
section 7213(a)(1)(A) of Public Law
108–458, we may allow for reasonable
exceptions to these limits on a case-bycase basis in compelling circumstances.
We are allowing exceptions for name
changes (i.e., verified changes to first
name and/or surname) and for changes
in alien status that result in a necessary
change to a restrictive legend on the
SSN card, because we believe these
situations satisfy the compelling
circumstances test. We want to ensure
the accuracy of our records by
encouraging number holders to report
name changes and changes in alien
status. Consequently, every change in
name or alien status, where the
restrictive legend must change, presents
compelling circumstances for not
applying the replacement card limits.
Since we investigate the validity of
documents submitted when individuals
change their name or alien status (see 20
CFR 422.107(c) and (e)), we believe
these are reasonable exceptions to the
limitations in light of our compelling
need for accurate records. Therefore, we
will not count toward the annual and
lifetime limits those SSN replacement
cards for name and restrictive legend
changes. We will grant an exception to
the limits on a case-by-case basis if the
individual provides evidence of
hardship, such as a referral letter from
a governmental social services agency
indicating that the SSN card must be
shown in order to obtain benefits or
services. Finally, in an effort to
streamline our definition of a
replacement SSN card, we are
eliminating language regarding the subcategories of duplicate and corrected
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SSN cards from the language heretofore
incorporated in this regulation.
Section 422.107 Evidence
Requirements
To conform to the changes we are
proposing in § 422.103 regarding
streamlining the definition of a
replacement SSN card, we are replacing
the words ‘‘duplicate’’ or ‘‘corrected’’
with ‘‘replacement’’ in paragraphs (a)
through (e) and (g) of this section.
Section 422.110 Individual’s Request
for Change in Record
We are revising § 422.110 to add
cross-references to new paragraph (e)(2)
in § 422.103, which describes the new
limits on replacement SSN cards and
the exceptions to those limits. We are
making a minor revision to paragraph
(b) to reflect that the Immigration and
Naturalization Service has been
abolished and its functions and units
incorporated into the Department of
Homeland Security. We have also made
other clarifying language changes.
We anticipate that the three-card per
year limit will impact fewer than 10,000
individuals in any given year. For
example, of the nearly 12.4 million
replacement SSN cards we issued in
2004, the number of individuals who
requested more than three replacement
cards was 3,818. However, we do not
have any data available for those
individuals who requested replacement
cards exceeding the ten-card per
lifetime limit. These changes will be
effective prospectively, and we will not
consider replacement SSN cards that
were issued prior to the rule change
when applying either limit.
Clarity of These Regulations
Executive Order 12866, as amended
by Executive Order 13258, requires each
agency to write all rules in plain
language. In addition to your
substantive comments on these rules,
we invite your comments on how to
make these rules easier to understand.
For example:
• Have we organized the material to
suit your needs?
• Are the requirements in the rules
clearly stated?
• Do the rules contain technical
language or jargon that is unclear?
• Would a different format (grouping
and order of sections, use of headings,
paragraphing) make the rules easier to
understand?
• Would more (but shorter) sections
be better?
• Could we improve clarity by adding
tables, lists or diagrams?
• What else could we do to make the
rules easier to understand?
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Regulatory Procedures
Pursuant to section 702(a)(5) of the
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 of
Proposed Rulemaking (NPRM)
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 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. Application of the
notice and comment provisions is
impracticable because section
7213(a)(1)(A) of Public Law 108–458
must be implemented no later than
December 17, 2005 . In addition, section
7213(a)(1)(A) serves important antiterrorism and fraud prevention goals,
which would be frustrated by any
implementation delays. Thus, the public
interest will be best served by
immediate implementation of section
7213(a)(1)(A), which will deter and
prevent SSN misuse and fraud.
In addition, we find good cause for
dispensing with the 30-day delay in the
effective date of a substantive rule,
provided for by 5 U.S.C. 553(d). As
explained above, SSA is responding to
the public need to deter and prevent
SSN misuse and fraud under the
requirements of the IRTPA. Therefore,
we find that it is in the public interest
to make these rules effective upon
publication, with a request for
comments so that the rules can be
revised as necessary or appropriate after
public review. We intend to publish
final rules within 120 days of the close
of the comment period.
Executive Order 12866, as Amended by
Executive Order 13258
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 Executive Order 12866, as
amended by Executive Order 13258.
Thus, the rules have been reviewed by
OMB.
Regulatory Flexibility Act
We certify that these rules would not
have a significant economic impact on
a substantial number of small entities
because they would affect only
individuals. Thus, a regulatory
flexibility analysis as provided in the
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Regulatory Flexibility Act, as amended,
is not required.
Paperwork Reduction Act
These rules contain reporting
requirements as shown in the following
table. Where the public reporting
burden is accounted for in Information
Collection Requests for the various
forms that the public uses to submit the
information to SSA, a 1-hour
placeholder burden is being assigned to
74651
the specific reporting requirement(s)
contained in these rules; we are seeking
clearance of these burdens because they
were not considered during the
clearance of the forms.
Section
Annual
number of
responses
Frequency of
response
Average
burden per
response
(hours)
422.103(b), and 422.110(a) .............................................................................
422.103(e)(2) ...................................................................................................
........................
4,000
........................
1
........................
1
1
4,000
Total ..........................................................................................................
........................
........................
........................
4,001
An Information Collection Request
has been submitted to the Office of
Management and Budget (OMB) for
clearance. We are soliciting comments
on the burden estimate; the need for the
information; its practical utility; ways to
enhance its quality, utility, and clarity;
and on ways to minimize the burden on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Comments should be submitted and/or
faxed to OMB at the following address/
number: Office of Management and
Budget, Attn: Desk Officer for SSA, Fax
Number: 202–395–6974.
Social Security Administration, Attn:
SSA Reports Clearance Officer, Rm.
1338 Annex Building, 6401 Security
Boulevard, Baltimore, MD 21235–6401,
Fax Number: 410–965–6400.
We will accept comments for 60 days
after this notice is published, but
comments would be most useful if we
receive them within 30 days. To receive
a copy of the OMB clearance package,
you may call the SSA Reports Clearance
Officer on 410–965–0454.
(Catalog of Federal Domestic Assistance
Programs 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 422
Administrative practice and
procedure, Organization and functions
(Government agencies) Reporting and
recordkeeping requirements, Social
Security.
Dated: November 8, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
For the reasons set out in the
preamble, we are amending part 422,
subpart B, chapter III of title 20, Code
of Federal Regulations as follows:
I
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PART 422—ORGANIZATION AND
PROCEDURES
Subpart B—[Amended]
1. The authority citation for subpart B
of part 422 is revised to read as follows:
I
Authority: Secs. 205, 232, 702(a)(5), 1131,
1143 of the Social Security Act (42 U.S.C.
405, 432, 902(a)(5), 1320b–1, and 1320b–13),
and sec. 7213(a)(1)(A) of Pub. L. 108–458.
2. Section 422.103 is amended by
revising paragraph (e) to read as follows:
I
§ 422.103
Social security numbers.
*
*
*
*
*
(e) Replacement of social security
number card. (1) When we may issue
you a replacement card. We may issue
you a replacement social security
number card, subject to the limitations
in paragraph (e)(2) of this section. In all
cases, you must complete a Form SS–5
to receive a replacement social security
number card. You may obtain a Form
SS–5 from any Social Security office or
from one of the sources noted in
paragraph (b) of this section. For
evidence requirements, see § 422.107.
(2) Limits on the number of
replacement cards. There are limits on
the number of replacement social
security number cards we will issue to
you. You may receive no more than
three replacement social security
number cards in a year and ten
replacement social security number
cards per lifetime. We may allow for
reasonable exceptions to these limits on
a case-by-case basis in compelling
circumstances. We also will consider
name changes (i.e., verified changes to
the first name and/or surname) and
changes in alien status which result in
a necessary change to a restrictive
legend on the SSN card (see paragraph
(e)(3) of this section) to be compelling
circumstances, and will not include
either of these changes when
determining the yearly or lifetime
limits. We may grant an exception if you
provide evidence establishing that you
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Estimated
annual burden
(hours)
would experience significant hardship if
the card were not issued. An example of
significant hardship includes, but is not
limited to, providing SSA with a referral
letter from a governmental social
services agency indicating that the
social security number card must be
shown in order to obtain benefits or
services.
(3) Restrictive legend change defined.
Based on a person’s immigration status,
a restrictive legend may appear on the
face of an SSN card to indicate that
work is either not authorized or that
work may be performed only with
Department of Homeland Security
(DHS) authorization. This restrictive
legend appears on the card above the
individual’s name and SSN. Individuals
without work authorization in the U.S.
receive SSN cards showing the
restrictive legend, ‘‘Not Valid for
Employment;’’ and SSN cards for those
individuals who have temporary work
authorization in the U.S. show the
restrictive legend, ‘‘Valid For Work
Only With DHS Authorization.’’ U.S.
citizens and individuals who are
permanent residents receive SSN cards
without a restrictive legend. For the
purpose of determining a change in
restrictive legend, the individual must
have a change in immigration status or
citizenship which results in a change to
or the removal of a restrictive legend
when compared to the prior SSN card
data. An SSN card request based upon
a change in immigration status or
citizenship which does not affect the
restrictive legend will count toward the
yearly and lifetime limits, as in the case
of Permanent Resident Aliens who
attain U.S. citizenship.
§ 422.107
[Amended]
3. Section 422.107 is revised as
follows:
I a. In the second sentence of paragraph
(a), the second sentence of paragraph
(b), the first sentence of paragraph (c),
the second sentence of paragraph (d)
I
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Federal Register / Vol. 70, No. 241 / Friday, December 16, 2005 / Rules and Regulations
introductory text, and the first sentence
of paragraph (e)(i), remove ‘‘duplicate or
corrected’’ and add in its place
‘‘replacement.’’
I b. In the third and fourth sentences of
paragraph (a), the first sentence of
paragraph (d) introductory text, and the
first sentence of paragraph (g), remove
‘‘,duplicate, or corrected’’ and add in its
place ‘‘or replacement.’’
I 4. Section 422.110 is revised to read
as follows:
§ 422.110 Individual’s request for change
in record.
(a) Form SS–5. If you wish to change
the name or other personal identifying
information you previously submitted
in connection with an application for a
social security number card, you must
complete and sign a Form SS–5 except
as provided in paragraph (b) of this
section. You must prove your identity,
and you may be required to provide
other evidence. (See § 422.107 for
evidence requirements.) You may obtain
a Form SS–5 from any local Social
Security office or from one of the
sources noted in § 422.103(b). You may
submit a completed request for change
in records to any Social Security office,
or, if you are outside the U.S., to the
Department of Veterans Affairs Regional
Office, Manila, Philippines, or to any
U.S. Foreign Service post or U.S.
military post. If your request is for a
change of name on the card, we may
issue you a replacement card bearing
the same number and the new name. We
will grant an exception from the
limitations specified in § 422.103(e)(2)
for replacement social security number
cards representing a change in name or,
if you are an alien, a change to a
restrictive legend shown on the card.
(See § 422.103(e)(3) for the definition of
a change to a restrictive legend.)
(b) Assisting in enumeration. We may
enter into an agreement with officials of
the Department of State and the
Department of Homeland Security to
assist us by collecting, as part of the
immigration process, information to
change the name or other personal
identifying information you previously
submitted in connection with an
application or request for a social
security number card. If your request is
to change a name on the card or to
correct the restrictive legend on the card
to reflect a change in alien status, we
may issue you a replacement card
bearing the same number and the new
name or legend. We will grant an
exception from the limitations specified
in § 422.103(e)(2) for replacement social
security number cards representing a
change of name or, if you are an alien,
a change to a restrictive legend shown
on the card. (See § 422.103(e)(3) for the
definition of a change to a restrictive
legend.)
[FR Doc. 05–23962 Filed 12–15–05; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 510 and 558
Animal Drugs, Feeds, and Related
Products; Withdrawal of Approval of
New Animal Drug Applications
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
animal drug regulations by removing
those portions that reflect approval of 15
new animal drug applications (NADAs)
because the products are no longer
manufactured or marketed. In a notice
published elsewhere in this issue of the
Federal Register, FDA is withdrawing
approval of the NADAs.
DATES: This rule is effective December
27, 2005.
FOR FURTHER INFORMATION CONTACT:
Pamela K. Esposito, Center for
Veterinary Medicine (HFV–212), Food
and Drug Administration, 7519 Standish
Pl., Rockville, MD 20855, 240–276–
9067, e-mail: pesposit@cvm.fda.gov.
SUPPLEMENTARY INFORMATION: The
following sponsors have requested that
FDA withdraw approval of the 15
NADAs listed in table 1 of this
document because the products are no
longer manufactured or marketed:
TABLE 1.
Sponsor
21 CFR Section
Affected (Sponsor
Drug Labeler
Code)
NADA Number, Product (Drug)
Bioproducts, Inc., 320 Springside Dr., Suite 300,
Fairlawn, OH 44333–2435
NADA 119–063, Pyrantel Tartrate Ton Pack (pyrantel tartrate)
558.485 (051359)
Farmland Industries, Inc., Kansas City, MO
64116
NADA 138–656, BN Wormer—19.2 BANMINTH Premix (pyrantel tartrate)
558.485 (021676)
I.M.S. Inc., 13619 Industrial Rd., Omaha, NE
68137
NADA 129–395, HYGROMIX 0.6 Premix (hygromycin B)
558.274 (050639)
NADA 129–646, TYLAN 10 Sulfa-G (tylosin, sulfamethazine)
NADA 136–601, Swine Guard BN (pyrantel tartrate)
558.630 (050639)
558.485 (050639)
J. & R. Specialty Supply Co., 310 Second Ave.,
SW., P.O. Box 506, Waseca, MN 56093
NADA 96–780, TYLAN 10; TYLAN 40 (tylosin)
n/a (049768)
Kerber Milling Co., Box 152, 1817 E. Main St.,
Emmetsburg, IA 50536
NADA 98–687, Hy-Test Hy-Boost TY 5 Medicated (tylosin)
558.625 (029341)
M & M Livestock Products Co., Eagle Grove, IA
50533
NADA 96–837, M & M Tylosin Premix (tylosin)
558.625 (026282)
Nutra-Blend Corp., P.O. Box 485, Neosho, MO
64850
NADA 129–161, Nutra-Blend TYLAN 10 Sulfa Premix (tylosin,
sulfamethazine)
NADA 136–384, Swine Wormer-BN BANMINTH (pyrantel tartrate)
558.630 (050568)
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558.485 (050568)
]]>Agencies
[Federal Register Volume 70, Number 241 (Friday, December 16, 2005)]
[Rules and Regulations]
[Pages 74649-74652]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-23962]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 422
RIN 0960-AG25
Social Security Number (SSN) Cards; Limiting Replacement Cards
AGENCY: Social Security Administration (SSA).
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: These regulations reflect and implement amendments to the
Social Security Act (the Act) made by part of the Intelligence Reform
and Terrorism Prevention Act of 2004 (IRTPA). Section 7213(a)(1)(A) of
the IRTPA requires that we limit individuals to three replacement SSN
cards per year and ten replacement SSN cards during a lifetime. The
provision permits us to allow for reasonable exceptions from these
limits on a case-by-case basis in compelling circumstances. This
provision also helps us to further strengthen the security and
integrity of the SSN issuance process. The limits on replacement SSN
cards will be established prospectively, effective no later than
December 17, 2005, regardless of the date we issue final rules in the
Federal Register.
DATES: These final rules with request for comment are effective
December 16, 2005. To be sure that your comments are considered, we
must receive them no later than February 14, 2006.
ADDRESSES: You may give us your comments by: using our Internet
facility (i.e., Social Security Online) at https://policy.ssa.gov/erm/
rules.nsf/Rules+Open+To+Comment or the Federal eRulemaking Portal at
https://www.regulations.gov; e-mail to regulations@ssa.gov; telefax to
(410) 966-2830; or letter to the Commissioner of Social Security, P.O.
Box 17703, Baltimore, MD 21235-7703. You may also deliver them to the
Office of Regulations, Social Security Administration, 100 Altmeyer
Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, between 8
a.m. and 4:30 p.m. on regular business days. Comments are posted on our
Internet site, or you may inspect them physically on regular business
days by making arrangements with the contact person shown in this
preamble.
Electronic Version. The electronic file of this document is
available on the date of publication in the Federal Register at https://www.gpoaccess.gov/fr/.
FOR FURTHER INFORMATION CONTACT: Robert J. Augustine, Social Insurance
Specialist, Office of Regulations, 100 Altmeyer Building, Social
Security Administration, 6401 Security Boulevard, Baltimore, MD 21235-
6401, (410) 965-0020, or TTY (410) 966-5609. For information on
eligibility or filing for benefits, call our national toll-free
numbers, 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet
Web site, Social Security Online, at https://www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
Background
Our current regulations at 20 CFR 422.103(e), Replacement of social
security number card, state that:
In the case of lost or damaged SSN card, a duplicate card
bearing the same name and number may be issued, and
In the case of a need to change the name on the card, a
corrected card bearing the same number and the new name may be issued.
Furthermore, our regulations at 20 CFR 422.110(a) currently state
that an individual who wishes to change his or her name or other
personal identifying information must prove his or her identity and may
be required to provide other evidence. If a completed request and all
applicable evidence are received for a change in name, a new SSN card
with the new name and bearing the same number previously assigned will
be issued to the person making the request.
Our current regulations do not put any numerical limits on the
number of replacement SSN cards an individual may obtain. Prior to the
new statutory replacement SSN card limit, the only limitation on the
number of cards has been a protocol in our electronic records that
prevents the issuance of a replacement SSN card within seven days of a
previous issuance.
Section 7213(a)(1)(A) of Public Law 108-458 (the Intelligence
Reform and Terrorism Prevention Act of 2004), enacted on December 17,
2004, requires that we restrict the issuance of multiple replacement
SSN cards to any individual to three replacement SSN cards per year and
ten replacement cards for the life of the individual. The statute
mandates enforcement of the limits not later than one year after
December 17, 2004. In applying these
[[Page 74650]]
limits, we will not consider replacement social security number cards
issued prior to December 17, 2005. The provision also states that we
may allow for reasonable exceptions from the limits on a case-by-case
basis in compelling circumstances. In order to comply with this
provision of Public Law 108-458, we are revising Sec. Sec. 422.103 and
422.110 of our regulations.
We are also making nonsubstantive changes to Sec. 422.107 to
streamline the wording in this section.
Explanation of Changes
Section 422.103 Social Security Numbers
We are revising Sec. 422.103(e) of our regulations by restricting
the number of replacement cards an individual may obtain both during a
year and over a lifetime. These limits are set at three replacement SSN
cards in a year and ten per lifetime. However, as permitted by section
7213(a)(1)(A) of Public Law 108-458, we may allow for reasonable
exceptions to these limits on a case-by-case basis in compelling
circumstances. We are allowing exceptions for name changes (i.e.,
verified changes to first name and/or surname) and for changes in alien
status that result in a necessary change to a restrictive legend on the
SSN card, because we believe these situations satisfy the compelling
circumstances test. We want to ensure the accuracy of our records by
encouraging number holders to report name changes and changes in alien
status. Consequently, every change in name or alien status, where the
restrictive legend must change, presents compelling circumstances for
not applying the replacement card limits. Since we investigate the
validity of documents submitted when individuals change their name or
alien status (see 20 CFR 422.107(c) and (e)), we believe these are
reasonable exceptions to the limitations in light of our compelling
need for accurate records. Therefore, we will not count toward the
annual and lifetime limits those SSN replacement cards for name and
restrictive legend changes. We will grant an exception to the limits on
a case-by-case basis if the individual provides evidence of hardship,
such as a referral letter from a governmental social services agency
indicating that the SSN card must be shown in order to obtain benefits
or services. Finally, in an effort to streamline our definition of a
replacement SSN card, we are eliminating language regarding the sub-
categories of duplicate and corrected SSN cards from the language
heretofore incorporated in this regulation.
Section 422.107 Evidence Requirements
To conform to the changes we are proposing in Sec. 422.103
regarding streamlining the definition of a replacement SSN card, we are
replacing the words ``duplicate'' or ``corrected'' with ``replacement''
in paragraphs (a) through (e) and (g) of this section.
Section 422.110 Individual's Request for Change in Record
We are revising Sec. 422.110 to add cross-references to new
paragraph (e)(2) in Sec. 422.103, which describes the new limits on
replacement SSN cards and the exceptions to those limits. We are making
a minor revision to paragraph (b) to reflect that the Immigration and
Naturalization Service has been abolished and its functions and units
incorporated into the Department of Homeland Security. We have also
made other clarifying language changes.
We anticipate that the three-card per year limit will impact fewer
than 10,000 individuals in any given year. For example, of the nearly
12.4 million replacement SSN cards we issued in 2004, the number of
individuals who requested more than three replacement cards was 3,818.
However, we do not have any data available for those individuals who
requested replacement cards exceeding the ten-card per lifetime limit.
These changes will be effective prospectively, and we will not consider
replacement SSN cards that were issued prior to the rule change when
applying either limit.
Clarity of These Regulations
Executive Order 12866, as amended by Executive Order 13258,
requires each agency to write all rules in plain language. In addition
to your substantive comments on these rules, we invite your comments on
how to make these rules easier to understand. For example:
Have we organized the material to suit your needs?
Are the requirements in the rules clearly stated?
Do the rules contain technical language or jargon that is
unclear?
Would a different format (grouping and order of sections,
use of headings, paragraphing) make the rules easier to understand?
Would more (but shorter) sections be better?
Could we improve clarity by adding tables, lists or
diagrams?
What else could we do to make the rules easier to
understand?
Regulatory Procedures
Pursuant to section 702(a)(5) of the 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 of Proposed Rulemaking (NPRM) 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 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. Application of the notice and comment provisions is
impracticable because section 7213(a)(1)(A) of Public Law 108-458 must
be implemented no later than December 17, 2005 . In addition, section
7213(a)(1)(A) serves important anti-terrorism and fraud prevention
goals, which would be frustrated by any implementation delays. Thus,
the public interest will be best served by immediate implementation of
section 7213(a)(1)(A), which will deter and prevent SSN misuse and
fraud.
In addition, we find good cause for dispensing with the 30-day
delay in the effective date of a substantive rule, provided for by 5
U.S.C. 553(d). As explained above, SSA is responding to the public need
to deter and prevent SSN misuse and fraud under the requirements of the
IRTPA. Therefore, we find that it is in the public interest to make
these rules effective upon publication, with a request for comments so
that the rules can be revised as necessary or appropriate after public
review. We intend to publish final rules within 120 days of the close
of the comment period.
Executive Order 12866, as Amended by Executive Order 13258
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 Executive Order 12866, as amended
by Executive Order 13258. Thus, the rules have been reviewed by OMB.
Regulatory Flexibility Act
We certify that these rules would not have a significant economic
impact on a substantial number of small entities because they would
affect only individuals. Thus, a regulatory flexibility analysis as
provided in the
[[Page 74651]]
Regulatory Flexibility Act, as amended, is not required.
Paperwork Reduction Act
These rules contain reporting requirements as shown in the
following table. Where the public reporting burden is accounted for in
Information Collection Requests for the various forms that the public
uses to submit the information to SSA, a 1-hour placeholder burden is
being assigned to the specific reporting requirement(s) contained in
these rules; we are seeking clearance of these burdens because they
were not considered during the clearance of the forms.
----------------------------------------------------------------------------------------------------------------
Average
Annual number Frequency of burden per Estimated
Section of responses response response annual burden
(hours) (hours)
----------------------------------------------------------------------------------------------------------------
422.103(b), and 422.110(a)...................... .............. .............. .............. 1
422.103(e)(2)................................... 4,000 1 1 4,000
-----------------
Total....................................... .............. .............. .............. 4,001
----------------------------------------------------------------------------------------------------------------
An Information Collection Request has been submitted to the Office
of Management and Budget (OMB) for clearance. We are soliciting
comments on the burden estimate; the need for the information; its
practical utility; ways to enhance its quality, utility, and clarity;
and on ways to minimize the burden on respondents, including the use of
automated collection techniques or other forms of information
technology. Comments should be submitted and/or faxed to OMB at the
following address/number: Office of Management and Budget, Attn: Desk
Officer for SSA, Fax Number: 202-395-6974.
Social Security Administration, Attn: SSA Reports Clearance
Officer, Rm. 1338 Annex Building, 6401 Security Boulevard, Baltimore,
MD 21235-6401, Fax Number: 410-965-6400.
We will accept comments for 60 days after this notice is published,
but comments would be most useful if we receive them within 30 days. To
receive a copy of the OMB clearance package, you may call the SSA
Reports Clearance Officer on 410-965-0454.
(Catalog of Federal Domestic Assistance Programs 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 422
Administrative practice and procedure, Organization and functions
(Government agencies) Reporting and recordkeeping requirements, Social
Security.
Dated: November 8, 2005.
Jo Anne B. Barnhart,
Commissioner of Social Security.
0
For the reasons set out in the preamble, we are amending part 422,
subpart B, chapter III of title 20, Code of Federal Regulations as
follows:
PART 422--ORGANIZATION AND PROCEDURES
Subpart B--[Amended]
0
1. The authority citation for subpart B of part 422 is revised to read
as follows:
Authority: Secs. 205, 232, 702(a)(5), 1131, 1143 of the Social
Security Act (42 U.S.C. 405, 432, 902(a)(5), 1320b-1, and 1320b-13),
and sec. 7213(a)(1)(A) of Pub. L. 108-458.
0
2. Section 422.103 is amended by revising paragraph (e) to read as
follows:
Sec. 422.103 Social security numbers.
* * * * *
(e) Replacement of social security number card. (1) When we may
issue you a replacement card. We may issue you a replacement social
security number card, subject to the limitations in paragraph (e)(2) of
this section. In all cases, you must complete a Form SS-5 to receive a
replacement social security number card. You may obtain a Form SS-5
from any Social Security office or from one of the sources noted in
paragraph (b) of this section. For evidence requirements, see Sec.
422.107.
(2) Limits on the number of replacement cards. There are limits on
the number of replacement social security number cards we will issue to
you. You may receive no more than three replacement social security
number cards in a year and ten replacement social security number cards
per lifetime. We may allow for reasonable exceptions to these limits on
a case-by-case basis in compelling circumstances. We also will consider
name changes (i.e., verified changes to the first name and/or surname)
and changes in alien status which result in a necessary change to a
restrictive legend on the SSN card (see paragraph (e)(3) of this
section) to be compelling circumstances, and will not include either of
these changes when determining the yearly or lifetime limits. We may
grant an exception if you provide evidence establishing that you would
experience significant hardship if the card were not issued. An example
of significant hardship includes, but is not limited to, providing SSA
with a referral letter from a governmental social services agency
indicating that the social security number card must be shown in order
to obtain benefits or services.
(3) Restrictive legend change defined. Based on a person's
immigration status, a restrictive legend may appear on the face of an
SSN card to indicate that work is either not authorized or that work
may be performed only with Department of Homeland Security (DHS)
authorization. This restrictive legend appears on the card above the
individual's name and SSN. Individuals without work authorization in
the U.S. receive SSN cards showing the restrictive legend, ``Not Valid
for Employment;'' and SSN cards for those individuals who have
temporary work authorization in the U.S. show the restrictive legend,
``Valid For Work Only With DHS Authorization.'' U.S. citizens and
individuals who are permanent residents receive SSN cards without a
restrictive legend. For the purpose of determining a change in
restrictive legend, the individual must have a change in immigration
status or citizenship which results in a change to or the removal of a
restrictive legend when compared to the prior SSN card data. An SSN
card request based upon a change in immigration status or citizenship
which does not affect the restrictive legend will count toward the
yearly and lifetime limits, as in the case of Permanent Resident Aliens
who attain U.S. citizenship.
Sec. 422.107 [Amended]
0
3. Section 422.107 is revised as follows:
0
a. In the second sentence of paragraph (a), the second sentence of
paragraph (b), the first sentence of paragraph (c), the second sentence
of paragraph (d)
[[Page 74652]]
introductory text, and the first sentence of paragraph (e)(i), remove
``duplicate or corrected'' and add in its place ``replacement.''
0
b. In the third and fourth sentences of paragraph (a), the first
sentence of paragraph (d) introductory text, and the first sentence of
paragraph (g), remove ``,duplicate, or corrected'' and add in its place
``or replacement.''
0
4. Section 422.110 is revised to read as follows:
Sec. 422.110 Individual's request for change in record.
(a) Form SS-5. If you wish to change the name or other personal
identifying information you previously submitted in connection with an
application for a social security number card, you must complete and
sign a Form SS-5 except as provided in paragraph (b) of this section.
You must prove your identity, and you may be required to provide other
evidence. (See Sec. 422.107 for evidence requirements.) You may obtain
a Form SS-5 from any local Social Security office or from one of the
sources noted in Sec. 422.103(b). You may submit a completed request
for change in records to any Social Security office, or, if you are
outside the U.S., to the Department of Veterans Affairs Regional
Office, Manila, Philippines, or to any U.S. Foreign Service post or
U.S. military post. If your request is for a change of name on the
card, we may issue you a replacement card bearing the same number and
the new name. We will grant an exception from the limitations specified
in Sec. 422.103(e)(2) for replacement social security number cards
representing a change in name or, if you are an alien, a change to a
restrictive legend shown on the card. (See Sec. 422.103(e)(3) for the
definition of a change to a restrictive legend.)
(b) Assisting in enumeration. We may enter into an agreement with
officials of the Department of State and the Department of Homeland
Security to assist us by collecting, as part of the immigration
process, information to change the name or other personal identifying
information you previously submitted in connection with an application
or request for a social security number card. If your request is to
change a name on the card or to correct the restrictive legend on the
card to reflect a change in alien status, we may issue you a
replacement card bearing the same number and the new name or legend. We
will grant an exception from the limitations specified in Sec.
422.103(e)(2) for replacement social security number cards representing
a change of name or, if you are an alien, a change to a restrictive
legend shown on the card. (See Sec. 422.103(e)(3) for the definition
of a change to a restrictive legend.)
[FR Doc. 05-23962 Filed 12-15-05; 8:45 am]
BILLING CODE 4191-02-P
