Demonstration Project on Direct Payment of Fees to Non-Attorney Representatives, 46121-46122 [E7-16187]

Download as PDF Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Notices III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will: (A) By order approve such proposed rule change, or (B) Institute proceedings to determine whether the proposed rule change should be disapproved. IV. Solicitation of Comments Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods: Electronic Comments rwilkins on PROD1PC63 with NOTICES • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml ); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–NYSEArca–2007–69 on the subject line. between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR–NYSEArca–2007–69 and should be submitted on or before September 6, 2007. For the Commission, by the Division of Market Regulation, pursuant to delegated authority.8 Florence E. Harmon, Deputy Secretary. [FR Doc. E7–16161 Filed 8–15–07; 8:45 am] BILLING CODE 8010–01–P SOCIAL SECURITY ADMINISTRATION [Docket No. SSA–2007–0057] Demonstration Project on Direct Payment of Fees to Non-Attorney Representatives AGENCY: Social Security Administration (SSA). ACTION: Notice. SUMMARY: In prior notices published in the Federal Register, we provided Paper Comments guidance on the requirements for participation in the Non-Attorney Direct • Send paper comments in triplicate Payment Demonstration Project to Nancy M. Morris, Secretary, mandated by Section 303 of the Social Securities and Exchange Commission, Security Protection Act of 2004 (SSPA). 100 F Street, NE., Washington, DC In this notice, we are announcing that 20549–1090. we are revising our earlier guidance in All submissions should refer to File two respects. First, we have decided to Number SR–NYSEArca–2007–69. This replace the requirement that insurance file number should be included on the policies must be underwritten by a firm subject line if e-mail is used. To help the that is licensed to provide insurance in Commission process and review your the State where the individual practices comments more efficiently, please use with a requirement that the only one method. The Commission will underwriting firm be legally permitted post all comments on the Commission’s to provide insurance in that State. This Internet Web site (https://www.sec.gov/ change will allow us to accept insurance rules/sro.shtml ). Copies of the policies offered by ‘‘surplus lines submission, all subsequent carriers.’’ Second, we are changing the amendments, all written statements manner in which we will make openwith respect to the proposed rule book reference materials available to change that are filed with the test-takers. Commission, and all written FOR FURTHER INFORMATION CONTACT: communications relating to the Marg Handel, Social Security proposed rule change between the Commission and any person, other than Administration, Office of Income Security Programs, 252 Altmeyer those that may be withheld from the Building, 6401 Security Boulevard, public in accordance with the Baltimore, MD 21235–6401, (410) 965– provisions of 5 U.S.C. 552, will be 4639. available for inspection and copying in SUPPLEMENTARY INFORMATION: the Commission’s Public Reference Room, 100 F Street, NE., Washington, 8 17 CFR 200.30–3(a)(12). DC 20549, on official business days VerDate Aug<31>2005 17:27 Aug 15, 2007 Jkt 211001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 46121 Liability Insurance Requirements Section 303(b)(3) of the SSPA requires non-attorney representatives who want to participate in the direct payment demonstration project to secure and maintain ‘‘professional liability insurance, or equivalent insurance, which the Commissioner has determined to be adequate to protect claimants in the event of malpractice by the representative.’’ In a notice published in the Federal Register on January 13, 2005, we announced that to satisfy this requirement the insurance policy must be underwritten by a firm that is licensed to provide insurance in the State in which the non-attorney representative conducts business (70 FR 2447, 2449). At the time, we believed this requirement was needed to ensure legitimacy of the insurance policy and provide protection for the claimants in the event of the carrier’s insolvency. In the 2007 application period, several applicants relied on insurance policies obtained from so-called ‘‘surplus lines’’ insurers or ‘‘nonadmitted’’ carriers. These carriers provide insurance for unusual or unique situations where coverage is unavailable from authorized or traditional insurers. Though some of those carriers may be licensed to provide insurance in the particular State where the policyholder conducts business, more often they are not. Therefore, under the guidance set out in our January 13, 2005 notice, policies underwritten by such ‘‘surplus lines’’ insurers or ‘‘non-admitted’’ carriers generally would not satisfy the insurance prerequisite for participation in the direct payment demonstration project. Upon further examination, we have decided that insurance provided by surplus lines insurers or non-admitted carriers can be adequate to protect claimants in the event of malpractice by the representative. Surplus lines insurance policies are legally valid contracts. As with traditional professional liability insurance policies, the quality, type and scope of the professional liability protection afforded by the ‘‘surplus’’ policy depends exclusively on the provisions of the policy itself and has no relationship to whether the policy was issued by an admitted/licensed carrier (conventional policies) or a ‘‘surplus lines’’ carrier. Our earlier guidance that the policy ‘‘must be underwritten by a firm that is licensed to provide insurance in the State in which the non-attorney representative conducts business’’ unintentionally excluded such policies from consideration. Accordingly, we have decided to revise our earlier E:\FR\FM\16AUN1.SGM 16AUN1 46122 Federal Register / Vol. 72, No. 158 / Thursday, August 16, 2007 / Notices guidance. We have decided that it is sufficient that a representative’s insurance policy is underwritten by a business entity that is legally permitted to provide professional liability insurance in the State in which the nonattorney representative conducts business. Except for the change described above, the liability insurance requirements previously announced remain in effect. Available Reference Materials In our January 13, 2005 notice, we also announced that we would provide each applicant eligible to sit for the examination required by SSPA section 303(b)(4) a copy of the Compilation of Social Security Laws, Volume 1 (Compilation), to use as an open-book reference during the examination. Based on experience we have gained in the first four examinations, we have decided that providing a limited number of copies of the Compilation at each testing site for test-takers to consult during the examination is sufficient. Therefore, instead of giving each testtaker a copy of the Compilation, we will make available at each testing site sufficient copies of the Compilation for use by test-takers during the examination. Additional Information Additional information on the demonstration project is available on our Representing Claimants Web site at https://www.ssa.gov/representation/ or can be obtained by writing to: • CPS Human Resource Services, SSA Non-Attorney Representative Demonstration Project, 241 Lathrop Way, Suite A, Sacramento, CA 95815– 4242; or • E-mail, sent to SSA@cps.ca.gov.; or • Telephone, toll free at 1–800–376– 5728. The local number in Sacramento is 916–263–3600. rwilkins on PROD1PC63 with NOTICES (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social Security-Survivors Insurance; and 96.006, Supplemental Security Income) Dated: August 8, 2007. Marianna LaCanfora, Assistant Deputy Commissioner for Disability and Income Security Programs. [FR Doc. E7–16187 Filed 8–15–07; 8:45 am] BILLING CODE 4191–02–P VerDate Aug<31>2005 17:27 Aug 15, 2007 Jkt 211001 Enclosure: Transmittal No. DDTC 027–07. DEPARTMENT OF STATE [Public Notice 5895] Bureau of Political-Military Affairs: Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses SUMMARY: Notice is hereby given that the Department of State has forwarded the attached Notifications of Proposed Export Licenses to the Congress on the dates indicated pursuant to sections 36(c) and 36(d) and in compliance with section 36(f) of the Arms Export Control Act (22 U.S.C. 2776). DATES: Effective Date: As shown on each of the 17 letters. FOR FURTHER INFORMATION CONTACT: Ms. Susan M. Clark, Director, Office of Defense Trade Controls Licensing, Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, Department of State (202) 663–2023. SUPPLEMENTARY INFORMATION: Section 36(f) of the Arms Export Control Act mandates that notifications to the Congress pursuant to sections 36(c) and 36(d) must be published in the Federal Register when they are transmitted to Congress or as soon thereafter as practicable. May 24, 2007. Hon. Nancy Pelosi, Speaker of the House of Representatives. Dear Madam Speaker: Pursuant to Section 36(c) of the Arms Export Control Act, I am transmitting, herewith, certification of a proposed amendment to a license for the export of defense articles or defense services sold commercially under contract in the amount of $100,000,000 or more. The transaction contained in the attached certification involves defense services associated with the Helicopter Long Range Active Sonar (HELRAS) Mod. 2 System for the Canadian Maritime Helicopter Program for end use by the Canadian Ministry of National Defense. The United States Government is prepared to license the export of these items having taken into account political, military, economic, human rights and arms control considerations. More detailed information is contained in the formal certification which, though unclassified, contains business information submitted to the Department of State by the applicant, publication of which could cause competitive harm to the United States firm concerned. Sincerely, Jeffrey T. Bergner, Assistant Secretary Legislative Affairs. PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 May 25, 2007. Hon. Nancy Pelosi, Speaker of the House of Representatives. Dear Madam Speaker: Pursuant to Section 36(c) of the Arms Export Control Act, I am transmitting, herewith, re-certification of a proposed manufacturing license agreement for the manufacture of defense articles abroad in the amount of $100,000,000 or more. The transaction described in the attached certification involves the transfer of technical data, assistance, and manufacturing know-how to Japan for the manufacture of the AN/ASA–70 Tactical Display Group for the Japanese P–3C Anti-Submarine Program. The United States Government is prepared to license the export of these items having taken into account political, military, economic, human rights and arms control considerations. More detailed information is contained in the formal certification which, though unclassified, contains business information submitted to the Department of State by the applicant, publication of which could cause competitive harm to the United States firm concerned. Sincerely, Jeffrey T. Bergner, Assistant Secretary Legislative Affairs. Enclosure: Transmittal No. DDTC 028–07. May 29, 2007. Hon. Nancy Pelosi, Speaker of the House of Representatives. Dear Madam Speaker: Pursuant to Section 36(c) of the Arms Export Control Act, I am transmitting, herewith, certification of a proposed manufacturing license agreement for the manufacture of significant military equipment abroad in the amount of $100,000,000 or more. The transaction described in the attached certification involves the transfer of technical data, assistance and manufacturing know-how for the manufacture of the AN–APS–137B(V)5 Radar for the Japanese Maritime Self Defense Force (JMSDF). The United States Government is prepared to license the export of these items having taken into account political, military, economic, human rights and arms control considerations. More detailed information is contained in the formal certification which, though unclassified, contains business information submitted to the Department of State by the applicant, publication of which could cause E:\FR\FM\16AUN1.SGM 16AUN1

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Social Security Administration

[Federal Register Volume 72, Number 158 (Thursday, August 16, 2007)]
[Notices]
[Pages 46121-46122]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16187]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2007-0057]


Demonstration Project on Direct Payment of Fees to Non-Attorney 
Representatives

AGENCY: Social Security Administration (SSA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In prior notices published in the Federal Register, we 
provided guidance on the requirements for participation in the Non-
Attorney Direct Payment Demonstration Project mandated by Section 303 
of the Social Security Protection Act of 2004 (SSPA). In this notice, 
we are announcing that we are revising our earlier guidance in two 
respects. First, we have decided to replace the requirement that 
insurance policies must be underwritten by a firm that is licensed to 
provide insurance in the State where the individual practices with a 
requirement that the underwriting firm be legally permitted to provide 
insurance in that State. This change will allow us to accept insurance 
policies offered by ``surplus lines carriers.'' Second, we are changing 
the manner in which we will make open-book reference materials 
available to test-takers.

FOR FURTHER INFORMATION CONTACT: Marg Handel, Social Security 
Administration, Office of Income Security Programs, 252 Altmeyer 
Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 965-
4639.

SUPPLEMENTARY INFORMATION: 

Liability Insurance Requirements

    Section 303(b)(3) of the SSPA requires non-attorney representatives 
who want to participate in the direct payment demonstration project to 
secure and maintain ``professional liability insurance, or equivalent 
insurance, which the Commissioner has determined to be adequate to 
protect claimants in the event of malpractice by the representative.'' 
In a notice published in the Federal Register on January 13, 2005, we 
announced that to satisfy this requirement the insurance policy must be 
underwritten by a firm that is licensed to provide insurance in the 
State in which the non-attorney representative conducts business (70 FR 
2447, 2449). At the time, we believed this requirement was needed to 
ensure legitimacy of the insurance policy and provide protection for 
the claimants in the event of the carrier's insolvency.
    In the 2007 application period, several applicants relied on 
insurance policies obtained from so-called ``surplus lines'' insurers 
or ``non-admitted'' carriers. These carriers provide insurance for 
unusual or unique situations where coverage is unavailable from 
authorized or traditional insurers. Though some of those carriers may 
be licensed to provide insurance in the particular State where the 
policyholder conducts business, more often they are not. Therefore, 
under the guidance set out in our January 13, 2005 notice, policies 
underwritten by such ``surplus lines'' insurers or ``non-admitted'' 
carriers generally would not satisfy the insurance prerequisite for 
participation in the direct payment demonstration project.
    Upon further examination, we have decided that insurance provided 
by surplus lines insurers or non-admitted carriers can be adequate to 
protect claimants in the event of malpractice by the representative. 
Surplus lines insurance policies are legally valid contracts. As with 
traditional professional liability insurance policies, the quality, 
type and scope of the professional liability protection afforded by the 
``surplus'' policy depends exclusively on the provisions of the policy 
itself and has no relationship to whether the policy was issued by an 
admitted/licensed carrier (conventional policies) or a ``surplus 
lines'' carrier. Our earlier guidance that the policy ``must be 
underwritten by a firm that is licensed to provide insurance in the 
State in which the non-attorney representative conducts business'' 
unintentionally excluded such policies from consideration. Accordingly, 
we have decided to revise our earlier

[[Page 46122]]

guidance. We have decided that it is sufficient that a representative's 
insurance policy is underwritten by a business entity that is legally 
permitted to provide professional liability insurance in the State in 
which the non-attorney representative conducts business.
    Except for the change described above, the liability insurance 
requirements previously announced remain in effect.

Available Reference Materials

    In our January 13, 2005 notice, we also announced that we would 
provide each applicant eligible to sit for the examination required by 
SSPA section 303(b)(4) a copy of the Compilation of Social Security 
Laws, Volume 1 (Compilation), to use as an open-book reference during 
the examination. Based on experience we have gained in the first four 
examinations, we have decided that providing a limited number of copies 
of the Compilation at each testing site for test-takers to consult 
during the examination is sufficient. Therefore, instead of giving each 
test-taker a copy of the Compilation, we will make available at each 
testing site sufficient copies of the Compilation for use by test-
takers during the examination.

Additional Information

    Additional information on the demonstration project is available on 
our Representing Claimants Web site at https://www.ssa.gov/
representation/ or can be obtained by writing to:
     CPS Human Resource Services, SSA Non-Attorney 
Representative Demonstration Project, 241 Lathrop Way, Suite A, 
Sacramento, CA 95815-4242; or
     E-mail, sent to SSA@cps.ca.gov.; or
     Telephone, toll free at 1-800-376-5728. The local number 
in Sacramento is 916-263-3600.

(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; and 96.006, 
Supplemental Security Income)

    Dated: August 8, 2007.
Marianna LaCanfora,
Assistant Deputy Commissioner for Disability and Income Security 
Programs.
 [FR Doc. E7-16187 Filed 8-15-07; 8:45 am]
BILLING CODE 4191-02-P

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