Applicability of Amendments-Additional Instances Where Administrative Sanctions Can Be Imposed-Title II and Title XVI, 27424-27425 [E7-9226]

Download as PDF jlentini on PROD1PC65 with RULES 27424 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations Hugoton, KS, Hugoton Muni, Takeoff Minimums and Obstacle DP, Amdt 1 Middlesboro, KY, Middlesboro-Bell County, RNAV (GPS)–A, Orig Waterville, ME, Waterville Robert LaFleur, RNAV (GPS) RWY 23, Orig Plymouth, MA, Plymouth Muni, RNAV (GPS) RWY 6, Orig Plymouth, MA, Plymouth Muni, GPS RWY 6, Amdt 2B, CANCELLED Brainerd, MN, Brainerd Lakes Rgnl, RNAV (GPS) RWY 12, Orig Brainerd, MN, Brainerd Lakes Rgnl, RNAV (GPS) RWY 23, Orig Brainerd, MN, Brainerd Lakes Rgnl, RNAV (GPS) RWY 30, Orig Brainerd, MN, Brainerd Lakes Rgnl, ILS OR LOC RWY 23, Amdt 7 Brainerd, MN, Brainerd Lakes Rgnl, NDB RWY 23, Amdt 6 Canby, MN, Myers Field, RNAV (GPS) RWY 12, Orig Canby, MN, Myers Field, RNAV (GPS) RWY 30, Orig Canby, MN, Myers Field, Takeoff Minimums and Obstacle DP, Orig Kirksville, MO, Kirksville Rgnl, ILS OR LOC/ DME RWY 36, Orig Kirksville, MO, Kirksville Rgnl, RNAV (GPS) RWY 18, Amdt 1 Kirksville, MO, Kirksville Rgnl, RNAV (GPS) RWY 36, Amdt 1 Kirksville, MO, Kirksville Rgnl, LOC/DME RWY 36, Amdt 6B, CANCELLED Kirksville, MO, Kirksville Rgnl, Takeoff Minimums and Textual DP, Orig Greenville, MS, Mid Delta Regional, VOR/ DME RWY 18R, Orig Greenville, MS, Mid Delta Regional, VOR/ DME RWY 18L, Amdt 13 Greenville, MS, Mid Delta Regional, VOR RWY 18R, Amdt 5A, CANCELLED Starkville, MS, George M. Bryan, NDB–C, Amdt 3 Starkville, MS, George M. Bryan, Takeoff Minimums and Obstacle DP, Orig Vicksburg, MS, Vicksburg Muni, RNAV (GPS) RWY 1, Orig Vicksburg, MS, Vicksburg Muni, NDB RWY 1, Amdt 2 Vicksburg, MS, Vicksburg Muni, Takeoff Minimums and Obstacle DP, Amdt 2 West Point, MS, McCharen Field, Takeoff Minimums and Obstacle DP, Amdt 1 Millville, NJ, Millville Muni, VOR–A, Amdt 1 Wilmington, OH, Clinton Field, RNAV (GPS) RWY 3, Orig Wilmington, OH, Clinton Field, RNAV (GPS) RWY 21, Orig Wilmington, OH, Clinton Field, GPS RWY 21, Orig, CANCELLED Wilmington, OH, Clinton Field, VOR-A, Amdt 2 Wilmington, OH, Clinton Field, Takeoff Minimums and Obstacle DP, Amdt 2 Madras, OR, City-County, RNAV (GPS)–A, Orig Madras, OR, City-County, Takeoff Minimums and Textual DP, Orig St. Marys, PA, St. Marys Muni, LOC/DME RWY 28, Amdt 4 Jacksboro, TN, Campbell County, RNAV (GPS) RWY 23, Orig Jacksboro, TN, Campbell County, GPS RWY 23, Orig-A, CANCELLED VerDate Aug<31>2005 18:04 May 15, 2007 Jkt 211001 Beeville, TX, Beeville Muni, RNAV (GPS) RWY 12, Orig Beeville, TX, Beeville Muni, RNAV (GPS) RWY 30, Orig Beeville, TX, Beeville Muni, NDB OR GPS RWY 30, Amdt 2A, CANCELLED Beeville, TX, Beeville Muni, VOR/DME RWY 12, Amdt 6 Beeville, TX, Beeville Muni, Takeoff Minimums and Obstacle DP, Orig Bryan, TX, Coulter Field, RNAV (GPS) RWY 15, Orig Bryan, TX, Coulter Field, RNAV (GPS) RWY 33, Orig Bryan, TX, Coulter Field, VOR/DME–A, Amdt 3 Bryan, TX, Coulter Field, Takeoff Minimums and Obstacle DP, Orig Coleman, TX, Coleman Muni, NDB RWY 15, Amdt 2, CANCELLED Houston, TX, George Bush Intercontinental/ Houston, ILS OR LOC RWY 33R, Amdt 12 Houston, TX, George Bush Intercontinental/ Houston, RNAV (GPS) RWY 33R, Amdt 1 Longview, TX, East Texas Regional, RNAV (GPS) RWY 13, Orig Longview, TX, East Texas Regional, RNAV (GPS) RWY 17, Orig Longview, TX, East Texas Regional, RNAV (GPS) RWY 31, Orig Longview, TX, East Texas Regional, RNAV (GPS) RWY 35, Orig Longview, TX, East Texas Regional, Takeoff Minimums and Obstacle DP, Orig Effective 2 AUG 2007 Marshfield, MA, Marshfield Muni-George Harlow Field, Takeoff Minimums and Obstacle DP, Orig Indian Head, MD, Maryland, Takeoff Minimums and Obstacle DP, Amdt 1 Manchester, NH, Manchester, Takeoff Minimums and Obstacle DP, Amdt 6 Effective 30 AUG 2007 Tok, AK, Tok Junction, RNAV (GPS) RWY 7, Orig-A Tok, AK, Tok Junction, RNAV (GPS)–A, OrigA Chicago, IL, Chicago-O’Hare Intl, VOR RWY 22R, Amdt 9, CANCELLED French Lick, IN, French Lick Muni, NDB RWY 8, Orig-A, CANCELLED [FR Doc. E7–9242 Filed 5–15–07; 8:45 am] BILLING CODE 4910–13–P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA–2006–0090] Applicability of Amendments— Additional Instances Where Administrative Sanctions Can Be Imposed—Title II and Title XVI AGENCY: Social Security Administration (SSA). ACTION: Announcement of applicability date. SUMMARY: On October 18, 2006, we published final rules in the Federal PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 Register at 71 FR 61403 that made some revisions to 20 CFR 404.459 and 416.1340 to reflect section 201(a) of the Social Security Protection Act of 2004 (SSPA) providing for the imposition of administrative sanctions based on the failure to disclose information to us. Consistent with the effective date provisions enacted by Congress for section 201 of the SSPA, we stated in the preamble to those final rules that those sections of the regulations reflecting section 201 of the SSPA would not be applicable until implementation of the centralized computer file described in section 202 of the SSPA. That centralized computer file has now been fully implemented. Therefore, we are publishing this notice to announce the applicability date of the revisions to 20 CFR 404.459 and 416.1340. DATES: The amendments to 20 CFR 404.459 and 416.1450 published October 16, 2006 (71 FR 61403) became applicable November 27, 2006. FOR FURTHER INFORMATION CONTACT: Margaret Smilow, Social Insurance Specialist, Office of Income Security Programs, 252 Altmeyer Building, Social Security Administration, 6401 Security Boulevard, Baltimore, MD. 21235–6401, (410) 965–7976. SUPPLEMENTARY INFORMATION: Section 207 of the Foster Care Independence Act of 1999 amended title XI of the Social Security Act by adding section 1129A to provide for the imposition of administrative sanctions by SSA against persons who knowingly make a statement that is false or misleading or omits a material fact for use in determining any right to or amount of monthly benefits under titles II or XVI of the Social Security Act. Section 201 of the SSPA of 2004 amended section 1129A to also allow for the imposition of the administrative sanction against persons who fail to disclose information that is material to eligibility or benefit amount if the person knows or should know that the withholding of such information is misleading. These sanctions are in addition to any other penalties prescribed by law that may result from false/misleading statements or failure to report material facts. The SSPA provided that this change would only apply with respect to violations committed after the date on which there was a title II and title XVI computerized system in place which would document reporting of monthly wages. The title XVI system became functional on November 27, 2006. The title II system became operational in 2005. E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 72, No. 94 / Wednesday, May 16, 2007 / Rules and Regulations As a result of the implementation of this computerized system on November 27, 2006, the revisions to 20 CFR 404.459 and 419.1340 expanding the situations where administrative sanctions may be imposed became applicable. A person is subject to a sanction for failing to disclose information that is material to determining title II/title XVI benefit eligibility or amounts if: • The person knows or should know the information is material to benefit eligibility or amount; and • The person knows or should know the withholding of the information is misleading; and • The failure to disclose occurred after November 27, 2006. We have revised our instructional manuals and other documents to reflect this additional instance where administrative sanctions may be imposed. Dated: May 8, 2007. Michael J. Astrue, Commissioner of Social Security. [FR Doc. E7–9226 Filed 5–15–07; 8:45 am] BILLING CODE 4191–02–P SOCIAL SECURITY ADMINISTRATION 20 CFR Part 498 [Docket No. SSA–2006–0044] Applicability of Amendment— Additional Instances Where Civil Monetary Penalties and/or Assessments Can Be Imposed Office of the Inspector General (OIG), Social Security Administration (SSA). ACTION: Announcement of applicability date. AGENCY: This document announces that on November 27, 2006, the Commissioner of Social Security (Commissioner) implemented the centralized computer file described in section 202 of the Social Security Protection Act of 2004 (SSPA). Until this centralized computer file was implemented, the portion of the final rules published on May 17, 2006, at 71 FR 28574, relating to the imposition of civil monetary penalties and/or assessments for withholding of information from, or failure to disclose information to, SSA, was not in effect. DATES: The amendment to 20 CFR 498.102(a)(3) published May 17, 2006 (71 FR 28574) became applicable November 27, 2006. FOR FURTHER INFORMATION CONTACT: Kathy A. Buller, Chief Counsel to the jlentini on PROD1PC65 with RULES SUMMARY: VerDate Aug<31>2005 18:04 May 15, 2007 Jkt 211001 Inspector General, Social Security Administration, Office of the Inspector General, Room 3–ME–1, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965–2827. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772– 1213 or TTY 1–800–325–0778, or visit our Internet Web site, Social Security Online, at http:// www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Section 201(a)(1) of the SSPA, Public Law 108– 203, amended section 1129 of the Social Security Act (Act) (42 U.S.C. 1320a–8), to allow for the imposition of civil monetary penalties and/or assessments for the withholding of information from, or failure to disclose information to, SSA. Pursuant to section 201(d) of the SSPA, this amendment to section 1129 of the Act ‘‘shall apply with respect to violations committed after the date on which the Commissioner of Social Security implements the centralized computer file described in section 202’’ of the SSPA. Section 202 of the SSPA provided for the implementation by the Commissioner of ‘‘a centralized computer file recording the date of the submission of information by a disabled beneficiary (or representative) regarding a change in the beneficiary’s work or earnings status.’’ On May 17, 2006, at 71 FR 28574, the OIG published the final rules reflecting and implementing the amendments to sections 1129 and 1140 of the Social Security Act made by the SSPA and Public Law 106–169, the Foster Care Independence Act of 1999, including section 201(a)(1) of the SSPA. At that time we stated the following regarding the implementation of section 201(a) of the SSPA: Applicability Date: Section 498.102(a)(3), as it relates to the withholding of information from, or failure to disclose information to, SSA, will be applicable upon implementation of the centralized computer file described in section 202 of Public Law 108–203. If you want information regarding the applicability date of this provision, call or write the SSA contact person. SSA will publish a document announcing the applicability date in a subsequent Federal Register document. The remainder of § 498.102(a)(3), currently in effect, is unaffected by this delay. On November 27, 2006, SSA fully implemented the centralized computer file described in section 202 of the SSPA. Therefore, pursuant to the requirements of section 201 of the SSPA and the final rules published at 71 FR 28574, this notice announces that 20 CFR 498.102(a)(3), as it relates to the withholding of information from, or PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 27425 failure to disclose information to, SSA, is applicable to violations committed after November 27, 2006. Dated: April 23, 2007. Patrick P. O’Carroll, Jr., Inspector General, Social Security Administration. [FR Doc. E7–9228 Filed 5–15–07; 8:45 am] BILLING CODE 4191–02–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 and 81 [EPA–R05–OAR–2006–0517, EPA–R05– OAR–2006–0563; FRL–8314–4] Approval and Promulgation of Implementation Plans and Designation of Areas for Air Quality Planning Purposes; Michigan; Redesignation of Flint, Grand Rapids, Kalamazoo-Battle Creek, Lansing-East Lansing, Muskegon, Benton Harbor, Benzie County, Cass County, Huron County, and Mason County 8-Hour Ozone Nonattainment Areas to Attainment for Ozone Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: SUMMARY: EPA is making determinations under the Clean Air Act (CAA) that the nonattainment areas of Flint (Genesee and Lapeer Counties), Grand Rapids (Kent and Ottawa Counties), KalamazooBattle Creek (Calhoun, Kalamazoo, and Van Buren Counties), Lansing-East Lansing (Clinton, Eaton, and Ingham Counties), Muskegon (Muskegon County), Benton Harbor (Berrien County), Benzie County, Cass County, Huron County, and Mason County have attained the 8-hour ozone National Ambient Air Quality Standard (NAAQS). For the Grand Rapids, Kalamazoo-Battle Creek, Lansing-East Lansing, Benzie County, Huron County, and Mason County areas, these determinations are based on two overlapping three-year periods of complete, quality-assured ambient air quality monitoring data for the 2002– 2004 seasons and the 2003–2005 seasons that demonstrate that the 8-hour ozone NAAQS has been attained in the areas. Quality assured monitoring data for 2006 show that the areas continue to attain the standard. For the Flint, Muskegon, Benton Harbor, and Cass County areas, these determinations are based on three years of complete quality-assured ambient air quality monitoring data for the 2004–2006 seasons that demonstrate that the 8-hour E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 72, Number 94 (Wednesday, May 16, 2007)]
[Rules and Regulations]
[Pages 27424-27425]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9226]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Docket No. SSA-2006-0090]


Applicability of Amendments--Additional Instances Where 
Administrative Sanctions Can Be Imposed--Title II and Title XVI

AGENCY: Social Security Administration (SSA).

ACTION: Announcement of applicability date.

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SUMMARY: On October 18, 2006, we published final rules in the Federal 
Register at 71 FR 61403 that made some revisions to 20 CFR 404.459 and 
416.1340 to reflect section 201(a) of the Social Security Protection 
Act of 2004 (SSPA) providing for the imposition of administrative 
sanctions based on the failure to disclose information to us. 
Consistent with the effective date provisions enacted by Congress for 
section 201 of the SSPA, we stated in the preamble to those final rules 
that those sections of the regulations reflecting section 201 of the 
SSPA would not be applicable until implementation of the centralized 
computer file described in section 202 of the SSPA. That centralized 
computer file has now been fully implemented. Therefore, we are 
publishing this notice to announce the applicability date of the 
revisions to 20 CFR 404.459 and 416.1340.

DATES: The amendments to 20 CFR 404.459 and 416.1450 published October 
16, 2006 (71 FR 61403) became applicable November 27, 2006.

FOR FURTHER INFORMATION CONTACT: Margaret Smilow, Social Insurance 
Specialist, Office of Income Security Programs, 252 Altmeyer Building, 
Social Security Administration, 6401 Security Boulevard, Baltimore, MD. 
21235-6401, (410) 965-7976.

SUPPLEMENTARY INFORMATION: Section 207 of the Foster Care Independence 
Act of 1999 amended title XI of the Social Security Act by adding 
section 1129A to provide for the imposition of administrative sanctions 
by SSA against persons who knowingly make a statement that is false or 
misleading or omits a material fact for use in determining any right to 
or amount of monthly benefits under titles II or XVI of the Social 
Security Act.
    Section 201 of the SSPA of 2004 amended section 1129A to also allow 
for the imposition of the administrative sanction against persons who 
fail to disclose information that is material to eligibility or benefit 
amount if the person knows or should know that the withholding of such 
information is misleading. These sanctions are in addition to any other 
penalties prescribed by law that may result from false/misleading 
statements or failure to report material facts.
    The SSPA provided that this change would only apply with respect to 
violations committed after the date on which there was a title II and 
title XVI computerized system in place which would document reporting 
of monthly wages. The title XVI system became functional on November 
27, 2006. The title II system became operational in 2005.

[[Page 27425]]

    As a result of the implementation of this computerized system on 
November 27, 2006, the revisions to 20 CFR 404.459 and 419.1340 
expanding the situations where administrative sanctions may be imposed 
became applicable. A person is subject to a sanction for failing to 
disclose information that is material to determining title II/title XVI 
benefit eligibility or amounts if:
     The person knows or should know the information is 
material to benefit eligibility or amount; and
     The person knows or should know the withholding of the 
information is misleading; and
     The failure to disclose occurred after November 27, 2006.
    We have revised our instructional manuals and other documents to 
reflect this additional instance where administrative sanctions may be 
imposed.

    Dated: May 8, 2007.
Michael J. Astrue,
Commissioner of Social Security.
 [FR Doc. E7-9226 Filed 5-15-07; 8:45 am]
BILLING CODE 4191-02-P