Representative Payment Under Titles II, VIII and XVI of the Social Security Act, 66520-66522 [E8-26680]

Download as PDF 66520 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 http:// 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 http:// 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 § 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 PO 00000 Frm 00034 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 PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 * E:\FR\FM\10NOR1.SGM 10NOR1 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 Frm 00036 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]


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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 http://
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 http://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