Representative Payment Under Titles II, VIII and XVI of the Social Security Act, 66520-66522 [E8-26680]
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
Longview, TX, East Texas Rgnl, NDB RWY
13, Amdt 15
Longview, TX, East Texas Rgnl, RNAV (GPS)
RWY 13, Amdt 1
Longview, TX, East Texas Rgnl, RNAV (GPS)
RWY 18, Amdt 1
Longview, TX, East Texas Rgnl, RNAV (GPS)
RWY 31, Amdt 1
Longview, TX, East Texas Rgnl, RNAV (GPS)
RWY 36, Amdt 1
Longview, TX, East Texas Rgnl, Takeoff
Minimums and Obstacle DP, Amdt 1
Longview, TX, East Texas Rgnl, VOR/DME
OR TACAN RWY 13, Amdt 2
McAllen, TX, McAllen Miller Intl, ILS OR
LOC RWY 31, Orig
McAllen, TX, McAllen Miller Intl, LOC BC
RWY 31, Amdt 9C, CANCELLED
McAllen, TX, McAllen Miller Intl, RNAV
(GPS) RWY 31, Amdt 1
McAllen, TX, McAllen Miller Intl, Takeoff
and Minimums and Obstacle DP, Amdt
1
Everett, WA, Snohomish County (Paine Fld),
ILS OR LOC/DME RWY 16R, Amdt 21
[FR Doc. E8–25511 Filed 11–7–08; 8:45 am]
BILLING CODE 4910–13–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA 2008–0007]
RIN 0960–AG70
Representative Payment Under Titles
II, VIII and XVI of the Social Security
Act
Social Security Administration.
Final rule.
AGENCY:
dwashington3 on PRODPC61 with RULES
ACTION:
SUMMARY: We are amending our rules
governing how we investigate
representative payee applicants. Under
these rules, any payee who previously
satisfied the payee investigation criteria,
including a face-to-face interview, and
currently serves as a payee generally
need not appear for another face-to-face
interview when subsequently applying
to become a payee unless we determine
within our discretion, that a new faceto-face interview is necessary. The
payee applicant would still be required
to satisfy the rest of the investigation
process as set forth in the regulations.
Reducing the number of subsequent
face-to-face interviews of payee
applicants will streamline our
representative payee application
process, allowing payee applicants to
become qualified more quickly when
they already serve as a payee. This rule
also will expedite payment of benefits
in certain representative payee
situations and reduce the burden on our
field office employees by eliminating
the necessity of interviewing such payee
applicants.
VerDate Aug<31>2005
15:24 Nov 07, 2008
Jkt 217001
This rule will be effective on
December 10, 2008.
FOR FURTHER INFORMATION CONTACT:
Jerome Albanese, Office of Regulations,
Social Security Administration, 6401
Security Boulevard, Baltimore, MD
21235–6401, (404) 562–1024, for
information about this notice. 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 site,
Social Security Online, at https://
www.socialsecurity.gov.
DATES:
SUPPLEMENTARY INFORMATION:
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/.
Background
We select a representative payee for
certain persons eligible for Social
Security benefits under title II of the
Social Security Act (the Act), special
veterans benefits (SVB) under title VIII
of the Act, or supplemental security
income under title XVI of the Act. See
sections 205(j), 807, and 1631(a)(2) of
the Act. We select a representative
payee if we believe that payment
through a payee rather than direct
payment of benefits is in the interest of
that beneficiary. Subpart U of part 404,
subpart F of part 408, and subpart F of
part 416 of our regulations explain the
procedures we follow when determining
whether to make representative
payment and in selecting a
representative payee under the title II,
VIII and XVI programs.
Our current rules at 20 CFR 404.2024
and 416.624 require that, before
selecting an individual or organization
to act as a person’s representative payee,
we will investigate the payee applicant
to determine the applicant’s suitability.
Our rule at § 408.624 adopts these
investigatory requirements for SVBs by
cross-reference to § 404.2024. See
sections 205(j)(2), 807(b), and
1631(a)(2)(B) of the Act.
The Act states that to the extent
practicable, an investigation shall
include a face-to-face interview with a
payee applicant. See sections
205(j)(2)(A)(i), 807(b)(1)(A), and
1631(a)(2)(B)(i)(I). Based on this
authority, our current rules at
§§ 404.2024 and 416.624 indicate that
we generally conduct a face-to-face
interview with a payee applicant each
time they file to become a payee,
regardless of whether the payee has
previously satisfied the investigation
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Fmt 4700
Sfmt 4700
criteria and participated in a face-to-face
interview.
The requirement for holding a face-toface interview may be waived only if
conducting the interview is
impracticable and would cause undue
hardship for the payee applicant such as
when a payee applicant would have to
travel a great distance to the field office.
Our current rules also indicate that we
may decide it is impracticable to require
subsequent face-to-face interviews for
organizational payees that are known by
our field office as suitable payees. We
base this decision on the organization’s
past performance, recent contacts, and
the organization’s knowledge of and
compliance with our reporting
requirements.
Explanation of Changes
With these final rules, we are
eliminating the requirement that we
conduct a face-to-face interview before
selecting an individual or organization
to be a representative payee if we have
already conducted a face-to-face
interview with that payee and the payee
is qualified and currently acting as a
payee. However, we retain discretionary
authority to require a subsequent faceto-face interview of any payee applicant.
We are revising our rules in
§§ 404.2024(b) and 416.624(b) to
accomplish these changes.
We also have added a new paragraph
(c), ‘‘Impracticable,’’ to §§ 404.2024 and
416.624. This new paragraph contains
the first three sentences of current
§§ 404.2024(b) and 416.624(b), with
editorial changes. We are not making
substantive changes to this text.
Public Comment
In the notice of proposed rulemaking
we published in the Federal Register at
73 FR 12923 (March 11, 2008), we
provided the public a 60-day period
within which to comment on the
proposed changes. That comment
period ended on May 12, 2008. We
received one comment, from an
individual who opposed the proposed
changes.
Comment: The commenter noted that
because the representative payment
program removes the beneficiary’s right
to manage his own benefit payments, we
must act with extreme care when
determining the need for a payee and in
selecting the person or organization that
would best serve as a payee. The
commenter believed that in order to
protect beneficiary rights, we should
require all payee applicants to undergo
a face-to-face interview every time they
apply to be a payee. Accordingly, the
commenter asked that we withdraw our
proposal to eliminate such a
E:\FR\FM\10NOR1.SGM
10NOR1
Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
requirement. In the alternative, the
commenter suggested that if we adopt
these changes, we should consider
reviewing the payee’s activities with
regard to other beneficiaries before
waiving subsequent face-to-face
interviews.
Response: Although we share the
commenter’s concern that payees must
manage benefits properly, we do not
accept the commenter’s suggestion to
withdraw this rule. Under our current
rules, there are nine criteria that must be
met before selecting an individual or
organization to act as a representative
payee. See §§ 404.2024(a) and
416.624(a). Eight of these criteria remain
unchanged. We are changing only our
requirement regarding subsequent faceto-face interviews for payees who
previously satisfied all of our criteria,
including a face-to-face interview, and
are qualified and currently acting as
payees.
Our rules regarding recovery of
misused benefits and potential civil
monetary penalties remain unchanged
and will continue to protect
beneficiaries from payee misuse of
benefits. As an added protection, we
also retain the discretion to perform a
subsequent face-to-face interview if we
believe one is necessary. Our final rules
specifically note that we base the
decision concerning the necessity of a
subsequent face-to-face interview on the
payee’s past performance and the
payee’s knowledge of and compliance
with our reporting requirements.
Because the final rules provide that we
look at the payee’s past performance,
they address the commenter’s concern
that we review the payee’s activities
with regard to other beneficiaries prior
to waiving a subsequent face-to-face
interview. Additionally, our existing
rules at §§ 404.2024(a)(5) and
416.624(a)(5) require that we determine
whether the payee applicant has
previously served as a representative
payee and whether any previous
appointment as a payee was terminated
for misuse. Thus, we made no changes
from the rules we proposed.
Regulatory Procedures
dwashington3 on PRODPC61 with RULES
Executive Order 12866, as Amended
The Office of Management and Budget
(OMB) determined that the final rules
meet the criteria for a significant
regulatory action under Executive Order
12866, as amended. Thus, OMB
reviewed these final rules.
Regulatory Flexibility Act
We certify that these final rules will
not have a significant economic impact
on a substantial number of small entities
VerDate Aug<31>2005
15:24 Nov 07, 2008
Jkt 217001
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 rules impose no reporting
or recordkeeping requirements subject
to OMB clearance.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance;
96.006, Supplemental Security Income;
96.020, Special Benefits for Certain World
War II Veterans.)
List of Subjects
20 CFR Part 404
Administrative practice and
procedure; Blind; Disability benefits;
Old-Age, Survivors, and Disability
Insurance; Reporting and recordkeeping
requirements; Social security.
20 CFR Part 416
Administrative practice and
procedure; Aged; Blind, Disability
benefits; Public Assistance programs;
Reporting and recordkeeping
requirements; Supplemental Security
Income (SSI).
66521
with a payee applicant, subsequent faceto-face interviews are not required if
that applicant continues to be qualified
and currently is acting as a payee,
unless we determine, within our
discretion, that a new face-to-face
interview is necessary. We base this
decision on the payee’s past
performance and knowledge of and
compliance with our reporting
requirements.
(c) Impracticable. We may consider a
face-to-face interview impracticable if it
would cause the payee applicant undue
hardship. For example, the payee
applicant would have to travel a great
distance to the field office. In this
situation, we may conduct the
investigation to determine the payee
applicant’s suitability to serve as a
representative payee without a face-toface interview.
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart F—[Amended]
1. The authority citation for subpart F
continues to read as follows:
■
Authority: Secs. 702(a)(5), 1631 (a)(2) and
(d)(1) of the Social Security Act (42 U.S.C.
902(a)(5) and 1383 (a)(2) and (d)(1)).
2. Amend § 416.624 by revising
paragraphs (a)(1) and (b) and by adding
new paragraph (c) as follows:
Dated: August 18, 2008.
Michael J. Astrue,
Commissioner of Social Security.
■
For the reasons set out in the
preamble, we amend subpart U of part
404 and subpart F of part 416 of chapter
III of title 20 of the Code of Federal
Regulations as set forth below:
§ 416.624 How do we investigate a
representative payee applicant?
■
*
*
*
*
(a) * * *
(1) Conduct a face-to-face interview
with the payee applicant unless it is
PART 404—FEDERAL OLD-AGE,
impracticable as explained in paragraph
SURVIVORS AND DISABILITY
(c) of this section.
INSURANCE (1950- )
*
*
*
*
*
(b) Subsequent face-to-face interviews.
Subpart U—[Amended]
After holding a face-to-face interview
with a payee applicant, subsequent face■ 1. The authority citation for subpart U
to-face interviews are not required if
continues to read as follows:
that applicant continues to be qualified
Authority: Secs. 205(a), (j), and (k), and
702(a)(5) of the Social Security Act (42 U.S.C. and currently is acting as a payee,
unless we determine, within our
405(a), (j), and (k), and 902(a)(5)).
discretion, that a new face-to-face
■ 2. Amend § 404.2024 by revising
interview is necessary. We base this
paragraphs (a)(1) and (b) and by adding
decision on the payee’s past
new paragraph (c) as follows:
performance and knowledge of and
§ 404.2024 How do we investigate a
compliance with our reporting
representative payee applicant?
requirements.
(c) Impracticable. We may consider a
*
*
*
*
*
(a) * * *
face-to-face interview impracticable if it
(1) Conduct a face-to-face interview
would cause the payee applicant undue
with the payee applicant unless it is
hardship. For example, the payee
impracticable as explained in paragraph applicant would have to travel a great
(c) of this section.
distance to the field office. In this
situation, we may conduct the
*
*
*
*
*
(b) Subsequent face-to-face interviews. investigation to determine the payee
applicant’s suitability to serve as a
After holding a face-to-face interview
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*
E:\FR\FM\10NOR1.SGM
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66522
Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Rules and Regulations
[FR Doc. E8–26680 Filed 11–7–08; 8:45 am]
Corporate Blvd., Rockville, MD 20850,
301–594–1180.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4191–02–P
Table of Contents
representative payee without a face-toface interview.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 884
[Docket No. FDA–2004–N–0511] (formerly
Docket No. 2004N–0556)
RIN 0910–AF21
Obstetrical and Gynecological
Devices; Designation of Special
Controls for Male Condoms Made of
Natural Rubber Latex
AGENCY:
Food and Drug Administration,
HHS.
dwashington3 on PRODPC61 with RULES
ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is amending the
classification regulation for condoms to
designate a special control for male
condoms made of natural rubber latex
(latex). The special control for the
device is the guidance document
entitled ‘‘Class II Special Controls
Guidance Document: Labeling for
Natural Rubber Latex Condoms
Classified Under 21 CFR 884.5300.’’ The
FDA will publish a notice in the Federal
Register announcing the availability of
the special control guidance document
no later than the effective date of this
final rule.
DATES: Effective Date: This rule is
effective January 9, 2009.
Compliance Dates: Premarket
notification submissions (510(k)s) for
latex condoms filed on or after the
effective date of this rule are expected
to comply with the requirement of
special controls at the time that the
510(k) is submitted. Latex condoms
cleared for marketing on or after the
effective date of the rule but submitted
in 510(k)s filed before the effective date
of the rule are expected to comply with
the requirement of special controls on or
before March 10, 2009. Latex condoms
legally marketed before the effective
date of this rule are expected to comply
with the requirement of special controls
December 10, 2009. Specific
information on how the rule will be
implemented can be found in section
II.B of this document.
FOR FURTHER INFORMATION CONTACT:
Colin M. Pollard, Center for Devices and
Radiological Health (HFZ–470), Food
and Drug Administration, 9200
VerDate Aug<31>2005
15:24 Nov 07, 2008
Jkt 217001
I. Background
A. Statutory Framework
B. Regulatory History of Latex
Condoms
C. Overview of Proposed Rule
D. Additional Scientific Information
Developed After the Completion of
the Proposed Rule and Draft Special
Control Guidance
1. FDA Update of Epidemiology
2. Latex Condom Label
Comprehension Study
II. Summary of the Final Rule
A. Overview of the Final Rule
B. Implementation Strategy
C. Issues Requiring Special Controls
1. Unintended Pregnancy
2. Transmission of Sexually
Transmitted Infections (STIs)
3. Incorrect or Inconsistent Use
III. Comments and FDA’s Responses
A. Identification Section of the
Classification Regulation
B. Establishment of a Guidance
Document as a Special Control
C. FDA’s Review of Scientific
Information
1. General Comments
2. Slippage and Breakage
3. Risk Reduction
4. Evaluation of Latex Condom
Effectiveness
D. Labeling Recommendations
1. General
2. Comprehension
3. Pregnancy
4. STIs
5. Correct and Consistent Use
6. Risk Reduction
7. Directions for Use and Precautions
8. Additional Information
E. Comments in Response to FDA’s
Specific Requests
1. Human Papillomavirus (HPV)
2. Nonlatex Condoms Without
Nonoxynol-9
F. Implementation
IV. Environmental Impact
V. Analysis of Impacts
A. Background
B. Affected Entities and Scope of
Effect
C. Costs of Implementation
D. Regulatory Flexibility Analysis
VI. Federalism
VII. Paperwork Reduction Act of 1995
VIII. References
I. Background
In the Federal Register of November
14, 2005 (70 FR 69102), FDA proposed
to amend existing classification
regulations to designate a labeling
guidance document as the special
PO 00000
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Fmt 4700
Sfmt 4700
control for condoms made of natural
rubber latex (latex condoms), classified
under 21 CFR 884.5300, and latex
condoms with spermicidal lubricant
containing nonoxynol-9 (N–9),
classified under § 884.5310 (21 CFR
884.5310). As proposed, the final rule
amends § 884.5300 (21 CFR 884.5300)
and designates a guidance document
containing labeling recommendations as
the special control for latex condoms.
However, FDA continues to review the
comments it received in response to its
general and specific requests for
comment on latex condoms with
spermicidal lubricant and to evaluate
the controls appropriate for condoms
with spermicidal lubricant (§ 884.5310).
Therefore, FDA is not issuing a final
rule on that device at this time.1
In the following sections of this
preamble, FDA addresses the statutory
framework, regulatory history, and
scientific information related to latex
condoms; summarizes the final rule;
and responds to the comments on FDA’s
designation of special controls for the
latex condom.
A. Statutory Framework
The Federal Food, Drug, and Cosmetic
Act (the act) (21 U.S.C. 301 et seq.), as
amended, including the Medical Device
Amendments of 1976 (the 1976
1 On December 19, 2007, FDA published a final
rule, codified at 21 CFR 201.66(c)(5)(ii)(H) and 21
CFR 201.325, that requires that labeling of OTC
vaginal contraceptive/spermicidal drug products
containing N–9 bear the following warnings:
• For vaginal use only
• Not for rectal (anal) use
• Sexually transmitted diseases (STDs) alert: This
product does not protect against HIV/AIDS or other
STDs and may increase the risk of getting HIV from
an infected partner
• Do not use if you or your sex partner has HIV/
AIDS. If you do not know if you or your sex partner
is infected, choose another form of birth control.
• When using this product you may get vaginal
irritation (burning, itching, or a rash)
• Stop use and ask a doctor if you or your partner
get burning, itching, a rash or other irritation of the
vagina or penis
Other information in the new labeling includes:
• When used correctly every time you have sex,
latex condoms greatly reduce, but do not eliminate
the risk of catching or spreading HIV, the virus that
causes AIDS.
• Studies have raised safety concerns that
products containing the spermicide nonoxynol 9
can irritate the vagina and rectum. Sometimes this
irritation has no symptoms. This irritation may
increase the risk of getting HIV/AIDS from an
infected partner.
• You can use nonoxynol 9 for birth control with
or without a diaphragm or condom if you have sex
with only one partner who is not infected with HIV
and who has no other sexual partners or HIV risk
factors
• Use a latex condom without nonoxynol 9 if you
or your sex partner has HIV/AIDS, multiple sex
partners, or other HIV risk factors
• Ask a health professional if you have questions
about your best birth control and STD prevention
methods.
E:\FR\FM\10NOR1.SGM
10NOR1
]]>Agencies
[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Rules and Regulations]
[Pages 66520-66522]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26680]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA 2008-0007]
RIN 0960-AG70
Representative Payment Under Titles II, VIII and XVI of the
Social Security Act
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending our rules governing how we investigate
representative payee applicants. Under these rules, any payee who
previously satisfied the payee investigation criteria, including a
face-to-face interview, and currently serves as a payee generally need
not appear for another face-to-face interview when subsequently
applying to become a payee unless we determine within our discretion,
that a new face-to-face interview is necessary. The payee applicant
would still be required to satisfy the rest of the investigation
process as set forth in the regulations. Reducing the number of
subsequent face-to-face interviews of payee applicants will streamline
our representative payee application process, allowing payee applicants
to become qualified more quickly when they already serve as a payee.
This rule also will expedite payment of benefits in certain
representative payee situations and reduce the burden on our field
office employees by eliminating the necessity of interviewing such
payee applicants.
DATES: This rule will be effective on December 10, 2008.
FOR FURTHER INFORMATION CONTACT: Jerome Albanese, Office of
Regulations, Social Security Administration, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (404) 562-1024, for information about this
notice. 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 site, Social Security Online, at https://
www.socialsecurity.gov.
SUPPLEMENTARY INFORMATION:
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.
Background
We select a representative payee for certain persons eligible for
Social Security benefits under title II of the Social Security Act (the
Act), special veterans benefits (SVB) under title VIII of the Act, or
supplemental security income under title XVI of the Act. See sections
205(j), 807, and 1631(a)(2) of the Act. We select a representative
payee if we believe that payment through a payee rather than direct
payment of benefits is in the interest of that beneficiary. Subpart U
of part 404, subpart F of part 408, and subpart F of part 416 of our
regulations explain the procedures we follow when determining whether
to make representative payment and in selecting a representative payee
under the title II, VIII and XVI programs.
Our current rules at 20 CFR 404.2024 and 416.624 require that,
before selecting an individual or organization to act as a person's
representative payee, we will investigate the payee applicant to
determine the applicant's suitability. Our rule at Sec. 408.624 adopts
these investigatory requirements for SVBs by cross-reference to Sec.
404.2024. See sections 205(j)(2), 807(b), and 1631(a)(2)(B) of the Act.
The Act states that to the extent practicable, an investigation
shall include a face-to-face interview with a payee applicant. See
sections 205(j)(2)(A)(i), 807(b)(1)(A), and 1631(a)(2)(B)(i)(I). Based
on this authority, our current rules at Sec. Sec. 404.2024 and 416.624
indicate that we generally conduct a face-to-face interview with a
payee applicant each time they file to become a payee, regardless of
whether the payee has previously satisfied the investigation criteria
and participated in a face-to-face interview.
The requirement for holding a face-to-face interview may be waived
only if conducting the interview is impracticable and would cause undue
hardship for the payee applicant such as when a payee applicant would
have to travel a great distance to the field office. Our current rules
also indicate that we may decide it is impracticable to require
subsequent face-to-face interviews for organizational payees that are
known by our field office as suitable payees. We base this decision on
the organization's past performance, recent contacts, and the
organization's knowledge of and compliance with our reporting
requirements.
Explanation of Changes
With these final rules, we are eliminating the requirement that we
conduct a face-to-face interview before selecting an individual or
organization to be a representative payee if we have already conducted
a face-to-face interview with that payee and the payee is qualified and
currently acting as a payee. However, we retain discretionary authority
to require a subsequent face-to-face interview of any payee applicant.
We are revising our rules in Sec. Sec. 404.2024(b) and 416.624(b) to
accomplish these changes.
We also have added a new paragraph (c), ``Impracticable,'' to
Sec. Sec. 404.2024 and 416.624. This new paragraph contains the first
three sentences of current Sec. Sec. 404.2024(b) and 416.624(b), with
editorial changes. We are not making substantive changes to this text.
Public Comment
In the notice of proposed rulemaking we published in the Federal
Register at 73 FR 12923 (March 11, 2008), we provided the public a 60-
day period within which to comment on the proposed changes. That
comment period ended on May 12, 2008. We received one comment, from an
individual who opposed the proposed changes.
Comment: The commenter noted that because the representative
payment program removes the beneficiary's right to manage his own
benefit payments, we must act with extreme care when determining the
need for a payee and in selecting the person or organization that would
best serve as a payee. The commenter believed that in order to protect
beneficiary rights, we should require all payee applicants to undergo a
face-to-face interview every time they apply to be a payee.
Accordingly, the commenter asked that we withdraw our proposal to
eliminate such a
[[Page 66521]]
requirement. In the alternative, the commenter suggested that if we
adopt these changes, we should consider reviewing the payee's
activities with regard to other beneficiaries before waiving subsequent
face-to-face interviews.
Response: Although we share the commenter's concern that payees
must manage benefits properly, we do not accept the commenter's
suggestion to withdraw this rule. Under our current rules, there are
nine criteria that must be met before selecting an individual or
organization to act as a representative payee. See Sec. Sec.
404.2024(a) and 416.624(a). Eight of these criteria remain unchanged.
We are changing only our requirement regarding subsequent face-to-face
interviews for payees who previously satisfied all of our criteria,
including a face-to-face interview, and are qualified and currently
acting as payees.
Our rules regarding recovery of misused benefits and potential
civil monetary penalties remain unchanged and will continue to protect
beneficiaries from payee misuse of benefits. As an added protection, we
also retain the discretion to perform a subsequent face-to-face
interview if we believe one is necessary. Our final rules specifically
note that we base the decision concerning the necessity of a subsequent
face-to-face interview on the payee's past performance and the payee's
knowledge of and compliance with our reporting requirements. Because
the final rules provide that we look at the payee's past performance,
they address the commenter's concern that we review the payee's
activities with regard to other beneficiaries prior to waiving a
subsequent face-to-face interview. Additionally, our existing rules at
Sec. Sec. 404.2024(a)(5) and 416.624(a)(5) require that we determine
whether the payee applicant has previously served as a representative
payee and whether any previous appointment as a payee was terminated
for misuse. Thus, we made no changes from the rules we proposed.
Regulatory Procedures
Executive Order 12866, as Amended
The Office of Management and Budget (OMB) determined that the final
rules meet the criteria for a significant regulatory action under
Executive Order 12866, as amended. Thus, OMB reviewed these final
rules.
Regulatory Flexibility Act
We certify that these final rules will not have a significant
economic impact on a substantial number of small entities 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 rules impose no reporting or recordkeeping requirements
subject to OMB clearance.
(Catalog of Federal Domestic Assistance Program Nos. 96.001, Social
Security--Disability Insurance; 96.002, Social Security--Retirement
Insurance; 96.004, Social Security--Survivors Insurance; 96.006,
Supplemental Security Income; 96.020, Special Benefits for Certain
World War II Veterans.)
List of Subjects
20 CFR Part 404
Administrative practice and procedure; Blind; Disability benefits;
Old-Age, Survivors, and Disability Insurance; Reporting and
recordkeeping requirements; Social security.
20 CFR Part 416
Administrative practice and procedure; Aged; Blind, Disability
benefits; Public Assistance programs; Reporting and recordkeeping
requirements; Supplemental Security Income (SSI).
Dated: August 18, 2008.
Michael J. Astrue,
Commissioner of Social Security.
0
For the reasons set out in the preamble, we amend subpart U of part 404
and subpart F of part 416 of chapter III of title 20 of the Code of
Federal Regulations as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart U--[Amended]
0
1. The authority citation for subpart U continues to read as follows:
Authority: Secs. 205(a), (j), and (k), and 702(a)(5) of the
Social Security Act (42 U.S.C. 405(a), (j), and (k), and 902(a)(5)).
0
2. Amend Sec. 404.2024 by revising paragraphs (a)(1) and (b) and by
adding new paragraph (c) as follows:
Sec. 404.2024 How do we investigate a representative payee applicant?
* * * * *
(a) * * *
(1) Conduct a face-to-face interview with the payee applicant
unless it is impracticable as explained in paragraph (c) of this
section.
* * * * *
(b) Subsequent face-to-face interviews. After holding a face-to-
face interview with a payee applicant, subsequent face-to-face
interviews are not required if that applicant continues to be qualified
and currently is acting as a payee, unless we determine, within our
discretion, that a new face-to-face interview is necessary. We base
this decision on the payee's past performance and knowledge of and
compliance with our reporting requirements.
(c) Impracticable. We may consider a face-to-face interview
impracticable if it would cause the payee applicant undue hardship. For
example, the payee applicant would have to travel a great distance to
the field office. In this situation, we may conduct the investigation
to determine the payee applicant's suitability to serve as a
representative payee without a face-to-face interview.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart F--[Amended]
0
1. The authority citation for subpart F continues to read as follows:
Authority: Secs. 702(a)(5), 1631 (a)(2) and (d)(1) of the Social
Security Act (42 U.S.C. 902(a)(5) and 1383 (a)(2) and (d)(1)).
0
2. Amend Sec. 416.624 by revising paragraphs (a)(1) and (b) and by
adding new paragraph (c) as follows:
Sec. 416.624 How do we investigate a representative payee applicant?
* * * * *
(a) * * *
(1) Conduct a face-to-face interview with the payee applicant
unless it is impracticable as explained in paragraph (c) of this
section.
* * * * *
(b) Subsequent face-to-face interviews. After holding a face-to-
face interview with a payee applicant, subsequent face-to-face
interviews are not required if that applicant continues to be qualified
and currently is acting as a payee, unless we determine, within our
discretion, that a new face-to-face interview is necessary. We base
this decision on the payee's past performance and knowledge of and
compliance with our reporting requirements.
(c) Impracticable. We may consider a face-to-face interview
impracticable if it would cause the payee applicant undue hardship. For
example, the payee applicant would have to travel a great distance to
the field office. In this situation, we may conduct the investigation
to determine the payee applicant's suitability to serve as a
[[Page 66522]]
representative payee without a face-to-face interview.
[FR Doc. E8-26680 Filed 11-7-08; 8:45 am]
BILLING CODE 4191-02-P
