Payments to Beneficiaries Residing in Vietnam and Cambodia and Other Conforming Changes, 48855-48857 [E9-22883]
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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations
98, Harmonized Tariff Schedule of the
United States (19 U.S.C. 1202)’’; and
■ h. Paragraph (f) is amended by
removing the language ‘‘$400, $600, or
$1,200’’ and adding in its place the
language, ‘‘$800 or $1,600’’.
The revisions to § 148.33 read as
follows:
CPrice-Sewell on DSKGBLS3C1PROD with RULES
§ 148.33
Articles acquired abroad.
(a) * * *
(2) $800 in the case of a direct arrival
from a beneficiary country, as defined in
U.S. Note 4 to Chapter 98, Harmonized
Tariff Schedule of the United States,
whether or not the articles accompany
the returning resident. Articles acquired
elsewhere than in such beneficiary
country that do not accompany the
returning resident are not entitled to the
duty exemption; or
(3) $1,600 in the case of a direct or
indirect arrival from American Samoa,
Guam, the Commonwealth of the
Northern Mariana Islands, or the Virgin
Islands of the United States, whether or
not the articles accompany the returning
resident, not more than $800 of which
may have been acquired elsewhere than
in such locations. Articles acquired
elsewhere than in such insular
possessions that do not accompany the
returning resident are not entitled to the
duty exemption.
■ 8. In § 148.34:
■ a. Paragraph (a) is amended by
removing the language ‘‘$400, $600, or
$1,200’’ wherever it appears and adding
in each place the language, ‘‘$800 or
$1,600’’, and by removing the word
‘‘shall’’ where is appears and adding in
each place the word ‘‘will’’; and
■ b. The introductory text to paragraph
(b) is amended by removing the words
‘‘shall include’’ and adding in their
place the word ‘‘includes’’.
■ 9. In § 148.35:
■ a. The heading text to paragraph (a) is
revised to read, ‘‘Requirements for
allowance of $800 or $1,600
exemption.’’;
■ b. Paragraph (a) is amended, in the
first sentence, by removing the language
‘‘$400, $600, or $1,200’’ and adding in
its place the language ‘‘$800 or $1,600’’
and by removing the word ‘‘shall’’ and
adding in its place the word ‘‘will’’ and,
in the second sentence, by removing the
reference to ‘‘$400’’ and adding in its
place ‘‘$800’’.
■ c. The heading text to paragraph (b) is
revised to read, ‘‘Not required for
allowance of $1,600 exemption on
return from the Virgin Islands.’’;
■ d. Paragraph (b) is amended by
removing the reference to ‘‘$1,200’’ and
adding in its place ‘‘$1,600’’; and
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14:49 Sep 24, 2009
Jkt 217001
e. Paragraph (c) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’.
■ 10. In § 148.36:
■ a. Paragraph (a) is amended by
removing the language ‘‘$400, $600, or
$1,200’’ wherever it appears and adding
in each place the language ‘‘$800 or
$1,600’’, and by removing the word
‘‘shall’’ wherever it appears and adding
in each place the word ‘‘will’’; and
■ b. Paragraph (b) is amended by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’, and by
removing the language ‘‘$400, $600, or
$1,200’’ and adding in its place the
language ‘‘$800 or $1,600’’.
■ 11. In § 148.37:
■ a. Paragraph (a) is amended by
removing the language ‘‘$400, $600, or
$1,200’’ and adding in its place the
language, ‘‘$800 or $1,600’’, by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’ and, in the
last sentence, by removing the words
‘‘Customs matters’’ and adding in their
place the words ‘‘customs matters’’ and
by removing the words ‘‘Customs
supervision’’ and adding in their place
the words ‘‘CBP supervision’’;
■ b. Paragraph (b) is amended, in the
first sentence, by removing the language
‘‘$400, $600, or $1,200’’ and adding in
its place the language, ‘‘$800 or $1,600’’,
by removing the word ‘‘shall’’ and
adding its place the word ‘‘must’’, and
by removing the word ‘‘Customs’’ each
place it appears and adding the term
‘‘CBP’’; and, in the second sentence, by
removing the word ‘‘shall’’ and adding
in its place the word ‘‘will’’, and by
removing the word ‘‘Customs’’ and
adding in its place the term ‘‘CBP’’; and
■ c. Paragraph (c) is amended by
removing the language ‘‘$400, $600, or
$1,200’’ wherever it appears and adding
in each place the language, ‘‘$800 or
$1,600’’, by removing the word
‘‘Customs’’ wherever it appears and
adding in each place the term ‘‘CBP’’,
and by removing the word ‘‘shall’’
wherever it appears and adding in each
place the word ‘‘will’’.
■ 12. Section 148.38 is amended by
removing the language ‘‘$400, $600, or
$1,200’’ and adding in its place the
language, ‘‘$800 or $1,600’’.
■ 13. In § 148.51:
■ a. Paragraph (a)(2) is amended by
removing the language ‘‘$400, $600, or
$1,200’’ and adding in its place the
language, ‘‘$800 or $1,600’’; and
■ b. The introductory text to paragraph
(b), and paragraph (b)(2), are amended
by removing the word ‘‘shall’’ wherever
it appears and adding in each place the
word ‘‘will’’.
■
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48855
14. In § 148.113(a): the number
‘‘$1,200’’ is removed and the number
‘‘$1,600’’ is added in its place; the word
‘‘shall’’ is removed wherever it appears
and the word ‘‘must’’ is added in each
place, and; the word ‘‘Customs’’ is
removed wherever it appears and the
term ‘‘CBP’’ is added in each place.
■
Jayson P. Ahern,
Acting Commissioner, U.S. Customs and
Border Protection.
Approved: September 21, 2009.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. E9–23158 Filed 9–24–09; 8:45 am]
BILLING CODE 9111–14–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA–2008–0047]
RIN 0960–AG62
Payments to Beneficiaries Residing in
Vietnam and Cambodia and Other
Conforming Changes
Social Security Administration.
Final rule.
AGENCY:
ACTION:
SUMMARY: We are revising our regulation
to remove Vietnam and Democratic
Kampuchea (now Cambodia) from the
list of countries to which social security
benefits may not be sent under
restrictions imposed by the Department
of the Treasury (Treasury). This revision
reflects published Treasury regulations
that removed the restrictions on sending
Federal payments to beneficiaries living
in those countries. In addition, we are
updating the citation for Treasury’s
authority to restrict payments to
beneficiaries living in certain countries
and correcting a typographical error in
one of the section headings.
DATES: This regulation is effective
September 25, 2009.
FOR FURTHER INFORMATION CONTACT:
Rebecca Tothero, Social Insurance
Specialist, Office of International
Programs, 3700 Operations, Social
Security Administration, 6401 Security
Boulevard, Baltimore, Maryland 21235–
6401, (410) 966–6975.
For information on eligibility or filing
for benefits, call our national toll-free
number, 1–800–772–1213 or visit our
Internet Web site, SSA Online, at
https://www.ssa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is
available on the date of publication in
E:\FR\FM\25SER1.SGM
25SER1
48856
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations
the Federal Register at https://
www.gpoaccess.gov/fr/.
CPrice-Sewell on DSKGBLS3C1PROD with RULES
Background
We cannot pay monthly title II
benefits to any beneficiary for any
month in which he or she resides in a
country to which Treasury prohibits
sending benefit checks. 31 U.S.C. 3329.
Those countries are identified in the
Treasury regulation which imposes the
payment restriction as well as in a
corresponding regulation promulgated
by the Social Security Administration.
31 CFR 211.1 and 20 CFR 404.460(c)(3).
On August 12, 1996, Treasury published
a final rule permitting delivery of
Treasury checks to beneficiaries living
in Vietnam. 61 FR 41739. Treasury
published a similar final rule on
December 10, 2001, permitting delivery
of Treasury checks to beneficiaries
living in Cambodia. 66 FR 63623.
Since the enactment of those rules, we
have provided payment to beneficiaries
living in Vietnam and Cambodia.
However, our regulations were not
updated to reflect the changes in
Treasury’s rules. We are removing
Vietnam and Democratic Kampuchea
from the list of countries subject to alien
payment restrictions consistent with the
change in policy implemented by
Treasury. 20 CFR 404.460(c)(3).
In addition, our current regulation
contains an outdated citation for
Treasury’s statutory authority to
withhold payments to beneficiaries
living in certain countries. We are
revising § 404.460(b)(2)(ii), (c)(1), and
(c)(2), to refer to the appropriate statute.
Additionally, we are correcting a
typographical error in the heading of
§ 404.460.
Regulatory Procedures
We follow the Administrative
Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 in
the development of our regulations. The
Social Security Act, 702(a)(5); 42 U.S.C.
902(a)(5). Generally, the APA requires
that an agency provide prior notice and
opportunity for public comment before
issuing a final regulation. The APA
provides exceptions to the notice and
comment requirements when an agency
finds there is good cause for dispensing
with such procedures because they are
impracticable, unnecessary, or contrary
to the public interest.
We are issuing this revised regulation
as a final rule. We have determined that
good cause exists for dispensing with
the notice and public comment
procedures. See 5 U.S.C. 553(b)(B). The
revised regulation merely expands the
list of countries to which we can send
benefits checks, consistent with current
VerDate Nov<24>2008
14:49 Sep 24, 2009
Jkt 217001
Treasury regulations. We are not
exercising any discretion. Further delay
in revising our regulation could mislead
the public and is, therefore, contrary to
the public interest.
In addition, for the reasons cited
above, we also find good cause for
dispensing with the 30-day delay in the
effective date of this final rule. 5 U.S.C.
553(d)(3). As the superseding Treasury
rule change is already in effect, it is
contrary to the public interest to delay
the effective date of our conforming rule
change. We therefore find it is in the
public interest to make this change
effective with the publication date of
this final rule.
Executive Order 12866
The Office of Management and Budget
(OMB) has reviewed this final rule in
accordance with Executive Order 12866.
We have also determined that this final
rule meets the plain language
requirements of the Executive Order.
Regulatory Flexibility Act
We certify that this regulation will not
have a significant economic impact on
a substantial number of small entities as
it affects only individuals. Therefore, a
regulatory flexibility analysis as
provided in the Regulatory Flexibility
Act, as amended, is not required.
Paperwork Reduction Act
This final regulation imposes no
reporting or recordkeeping requirements
requiring 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)
List of Subjects in 20 CFR Part 404
Administrative practice and
procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability
Insurance, Reporting and recordkeeping
requirements, Social Security.
Dated: July 30, 2009.
Michael J. Astrue,
Commissioner of Social Security.
For the reasons set forth in the
preamble, we are amending subpart E of
part 404 of Title 20 of the Code of
Federal Regulations as follows:
■
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950– )
Subpart E—[Amended]
1. The authority citation for subpart E
of part 404 continues to read as follows:
■
Authority: Secs. 202, 203, 204(a) and (e),
205(a) and (c), 216(l), 222(c), 223(e), 224, 225,
PO 00000
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702(a)(5) and 1129A of the Social Security
Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a)
and (c), 416(l), 422(c), 423(e), 424a, 425,
902(a)(5), and 1320a–8a and 48 U.S.C. 1801.
2. In § 404.460, revise the section
heading and paragraphs (b)(2)(ii), (c)(1),
(c)(2) introductory text, and (c)(3) to
read as follows:
■
§ 404.460 Nonpayment of monthly benefits
to aliens outside the United States.
*
*
*
*
*
(b) * * *
(2) * * *
(ii) Except that, effective with July
1968, § 404.460(b)(2)(i) does not apply
if:
(A) The beneficiary is a citizen of a
country with a social insurance or
pension system meeting the conditions
described in paragraphs (b)(7)(i), (ii),
and (iii) of this section but does not
meet the condition described in
paragraph (b)(7)(iv) of this section; or
(B) The beneficiary is a citizen of a
country with no social insurance or
pension system of general application
and at any time within 5 years before
January 1968 (or the first month after
December 1967 in which benefits are
subject to suspension pursuant to
paragraph (a) of this section) such
beneficiary was residing in a country to
which payments were withheld by the
Treasury Department pursuant to Vol. II,
31 U.S.C. 3329. See § 404.460(c).
*
*
*
*
*
(c) Nonpayment of monthly benefits
to aliens residing in certain countries—
(1) Benefits for months after June 1968.
Notwithstanding the provisions of
paragraphs (a) and (b) of this section, we
cannot pay monthly benefits for any
month after June 1968 to anyone not a
citizen or national of the United States
for any month while residing in a
country to which payments are being
withheld by the Treasury Department
pursuant to Vol. II, 31 U.S.C. 3329.
(2) Benefits for months before July
1968. If a person who is not a United
States citizen or national is entitled to
receive benefits under title II of the
Social Security Act, and was residing in
a country where the Treasury
Department withheld benefits on
June 30, 1968 pursuant to Vol. II, 31
U.S.C. 3329, benefits cannot be paid.
However, if the Treasury Department
subsequently removes that restriction, a
person who is not a United States
citizen or national may be able to be
paid benefits to which they were
entitled for months prior to July 1968.
Benefits cannot be paid,—
*
*
*
*
*
(3) List of countries under Treasury
Department alien payment restriction.
E:\FR\FM\25SER1.SGM
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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations
The Treasury Department is currently
withholding payments to persons
residing in the following countries
pursuant to Vol. II, 31 U.S.C. 3329. We
will publish future additions to or
deletions from the list of countries in
the Federal Register: Cuba, North Korea.
*
*
*
*
*
[FR Doc. E9–22883 Filed 9–24–09; 8:45 am]
BILLING CODE 4191–02–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2009–0368; FRL–8950–9]
Approval and Promulgation of Air
Quality Implementation Plans; Ohio;
Clean Air Interstate Rule
CPrice-Sewell on DSKGBLS3C1PROD with RULES
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
SUMMARY: EPA is approving a revision to
the Ohio State Implementation Plan
(SIP) that would address the
requirements of EPA’s Clean Air
Interstate Rule (CAIR). EPA previously
approved an ‘‘abbreviated SIP’’ for Ohio,
primarily consisting of rules governing
allocation of allowances to electric
generating units (EGUs) for use in the
trading programs established pursuant
to CAIR and providing for voluntary
opt-in to these programs. The
abbreviated SIP was implemented in
conjunction with a Federal
Implementation Plan (FIP) that specified
requirements for emissions monitoring,
permit provisions, and other elements of
the CAIR programs. EPA is now
approving the addition of non-EGUs to
the CAIR Nitrogen Oxides (NOX) Ozone
Season Trading Program, and EPA is
issuing a ‘‘full SIP’’ approval under
which the various CAIR implementation
provisions would be governed by State
rules rather than FIP rules. This
rulemaking addresses rules Ohio
submitted on July 15, 2009, and August
13, 2009. This action also causes the
CAIR Federal Implementation Plans
(CAIR FIPs) concerning sulfur dioxides
(SO2), NOX annual, and NOX ozone
season emissions by Ohio sources to be
automatically withdrawn.
DATES: This direct final rule will be
effective November 24, 2009, unless
EPA receives adverse comments by
October 26, 2009. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final rule in the
Federal Register informing the public
that the rule will not take effect.
VerDate Nov<24>2008
14:49 Sep 24, 2009
Jkt 217001
Submit your comments,
identified by Docket ID Number EPA–
R05–OAR–2009–0368 by one of the
following methods:
1. https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
2. E-mail: mooney.john@epa.gov.
3. Fax: (312) 692–2551.
4. Mail: John M. Mooney, Chief,
Criteria Pollutant Section, Air Programs
Branch (AR–18J), U.S. Environmental
Protection Agency, 77 West Jackson
Boulevard, Chicago, Illinois 60604.
5. Hand Delivery: John M. Mooney,
Chief, Criteria Pollutant Section, Air
Programs Branch (AR–18J), U.S.
Environmental Protection Agency, 77
West Jackson Boulevard, Chicago,
Illinois 60604. Such deliveries are only
accepted during the Regional Office
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
Regional Office official hours of
business are Monday through Friday,
8:30 a.m. to 4:30 p.m., excluding
Federal holidays.
Instructions: Direct your comments to
Docket ID No. EPA–R05–OAR–2009–
0368. EPA’s policy is that all comments
received will be included in the public
docket without change, and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or e-mail.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through https://www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters and any
form of encryption and should be free
of any defects or viruses.
ADDRESSES:
PO 00000
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48857
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically in https://
www.regulations.gov or in hard copy
during normal business hours at the Air
and Radiation Division, U.S.
Environmental Protection Agency,
Region 5, 77 West Jackson Boulevard,
Chicago, IL 60604. This Facility is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding Federal
holidays. We recommend that you
telephone John Summerhays,
Environmental Scientist, at (312) 886–
6067, before visiting the Region 5 office.
FOR FURTHER INFORMATION CONTACT: John
Summerhays, (312) 886–6067, or by
e-mail at summerhays.john@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. What Action Is EPA Taking?
II. What Is the Regulatory History of CAIR
and the CAIR FIPs?
III. What Are the General Requirements of
CAIR and the CAIR FIPs?
IV. What Are the Types of CAIR SIP
Submittals?
V. History of Ohio’s CAIR Submittals
VI. Analysis of Ohio’s CAIR SIP Submittal
A. Elements of Ohio’s Submittal
B. State Budgets for Allowance Allocations
C. CAIR Cap-and-Trade Programs
D. Applicability Provisions
E. NOX Allowance Allocations
F. Allocation of NOX Allowances From
Compliance Supplement Pool
G. Individual Opt-In Units
VII. Final Action
VIII. Statutory and Executive Order Reviews
I. What Action Is EPA Taking?
EPA is approving a ‘‘full SIP’’ revision
addressing CAIR in Ohio. In this action,
EPA is approving the entire set of rules
in Ohio Administrative Code (OAC)
Chapter 3745–109, entitled ‘‘Clean Air
Interstate Rule.’’ Ohio submitted these
rules in two parts: A submittal dated
July 15, 2009, provided rules that were
to become effective July 16, 2009, and
a submittal dated August 13, 2009,
provided rules that had become
effective on September 27, 2007.
On February 1, 2008, at 73 FR 6034,
EPA approved an ‘‘abbreviated SIP,’’
primarily consisting of rules governing
allocation of NOX allowances to EGUs
for use in the trading programs
established pursuant to CAIR and rules
E:\FR\FM\25SER1.SGM
25SER1
]]>Agencies
[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Rules and Regulations]
[Pages 48855-48857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22883]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Part 404
[Docket No. SSA-2008-0047]
RIN 0960-AG62
Payments to Beneficiaries Residing in Vietnam and Cambodia and
Other Conforming Changes
AGENCY: Social Security Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are revising our regulation to remove Vietnam and
Democratic Kampuchea (now Cambodia) from the list of countries to which
social security benefits may not be sent under restrictions imposed by
the Department of the Treasury (Treasury). This revision reflects
published Treasury regulations that removed the restrictions on sending
Federal payments to beneficiaries living in those countries. In
addition, we are updating the citation for Treasury's authority to
restrict payments to beneficiaries living in certain countries and
correcting a typographical error in one of the section headings.
DATES: This regulation is effective September 25, 2009.
FOR FURTHER INFORMATION CONTACT: Rebecca Tothero, Social Insurance
Specialist, Office of International Programs, 3700 Operations, Social
Security Administration, 6401 Security Boulevard, Baltimore, Maryland
21235-6401, (410) 966-6975.
For information on eligibility or filing for benefits, call our
national toll-free number, 1-800-772-1213 or visit our Internet Web
site, SSA Online, at https://www.ssa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Version
The electronic file of this document is available on the date of
publication in
[[Page 48856]]
the Federal Register at https://www.gpoaccess.gov/fr/.
Background
We cannot pay monthly title II benefits to any beneficiary for any
month in which he or she resides in a country to which Treasury
prohibits sending benefit checks. 31 U.S.C. 3329. Those countries are
identified in the Treasury regulation which imposes the payment
restriction as well as in a corresponding regulation promulgated by the
Social Security Administration. 31 CFR 211.1 and 20 CFR 404.460(c)(3).
On August 12, 1996, Treasury published a final rule permitting delivery
of Treasury checks to beneficiaries living in Vietnam. 61 FR 41739.
Treasury published a similar final rule on December 10, 2001,
permitting delivery of Treasury checks to beneficiaries living in
Cambodia. 66 FR 63623.
Since the enactment of those rules, we have provided payment to
beneficiaries living in Vietnam and Cambodia. However, our regulations
were not updated to reflect the changes in Treasury's rules. We are
removing Vietnam and Democratic Kampuchea from the list of countries
subject to alien payment restrictions consistent with the change in
policy implemented by Treasury. 20 CFR 404.460(c)(3).
In addition, our current regulation contains an outdated citation
for Treasury's statutory authority to withhold payments to
beneficiaries living in certain countries. We are revising Sec.
404.460(b)(2)(ii), (c)(1), and (c)(2), to refer to the appropriate
statute. Additionally, we are correcting a typographical error in the
heading of Sec. 404.460.
Regulatory Procedures
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 in the development of our
regulations. The Social Security Act, 702(a)(5); 42 U.S.C. 902(a)(5).
Generally, the APA requires that an agency provide prior notice and
opportunity for public comment before issuing a final regulation. The
APA provides exceptions to the notice and comment requirements when an
agency finds there is good cause for dispensing with such procedures
because they are impracticable, unnecessary, or contrary to the public
interest.
We are issuing this revised regulation as a final rule. We have
determined that good cause exists for dispensing with the notice and
public comment procedures. See 5 U.S.C. 553(b)(B). The revised
regulation merely expands the list of countries to which we can send
benefits checks, consistent with current Treasury regulations. We are
not exercising any discretion. Further delay in revising our regulation
could mislead the public and is, therefore, contrary to the public
interest.
In addition, for the reasons cited above, we also find good cause
for dispensing with the 30-day delay in the effective date of this
final rule. 5 U.S.C. 553(d)(3). As the superseding Treasury rule change
is already in effect, it is contrary to the public interest to delay
the effective date of our conforming rule change. We therefore find it
is in the public interest to make this change effective with the
publication date of this final rule.
Executive Order 12866
The Office of Management and Budget (OMB) has reviewed this final
rule in accordance with Executive Order 12866. We have also determined
that this final rule meets the plain language requirements of the
Executive Order.
Regulatory Flexibility Act
We certify that this regulation will not have a significant
economic impact on a substantial number of small entities as it affects
only individuals. Therefore, a regulatory flexibility analysis as
provided in the Regulatory Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
This final regulation imposes no reporting or recordkeeping
requirements requiring 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)
List of Subjects in 20 CFR Part 404
Administrative practice and procedure, Blind, Disability benefits,
Old-Age, Survivors and Disability Insurance, Reporting and
recordkeeping requirements, Social Security.
Dated: July 30, 2009.
Michael J. Astrue,
Commissioner of Social Security.
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For the reasons set forth in the preamble, we are amending subpart E of
part 404 of Title 20 of the Code of Federal Regulations as follows:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950- )
Subpart E--[Amended]
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1. The authority citation for subpart E of part 404 continues to read
as follows:
Authority: Secs. 202, 203, 204(a) and (e), 205(a) and (c),
216(l), 222(c), 223(e), 224, 225, 702(a)(5) and 1129A of the Social
Security Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) and (c),
416(l), 422(c), 423(e), 424a, 425, 902(a)(5), and 1320a-8a and 48
U.S.C. 1801.
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2. In Sec. 404.460, revise the section heading and paragraphs
(b)(2)(ii), (c)(1), (c)(2) introductory text, and (c)(3) to read as
follows:
Sec. 404.460 Nonpayment of monthly benefits to aliens outside the
United States.
* * * * *
(b) * * *
(2) * * *
(ii) Except that, effective with July 1968, Sec. 404.460(b)(2)(i)
does not apply if:
(A) The beneficiary is a citizen of a country with a social
insurance or pension system meeting the conditions described in
paragraphs (b)(7)(i), (ii), and (iii) of this section but does not meet
the condition described in paragraph (b)(7)(iv) of this section; or
(B) The beneficiary is a citizen of a country with no social
insurance or pension system of general application and at any time
within 5 years before January 1968 (or the first month after December
1967 in which benefits are subject to suspension pursuant to paragraph
(a) of this section) such beneficiary was residing in a country to
which payments were withheld by the Treasury Department pursuant to
Vol. II, 31 U.S.C. 3329. See Sec. 404.460(c).
* * * * *
(c) Nonpayment of monthly benefits to aliens residing in certain
countries--(1) Benefits for months after June 1968. Notwithstanding the
provisions of paragraphs (a) and (b) of this section, we cannot pay
monthly benefits for any month after June 1968 to anyone not a citizen
or national of the United States for any month while residing in a
country to which payments are being withheld by the Treasury Department
pursuant to Vol. II, 31 U.S.C. 3329.
(2) Benefits for months before July 1968. If a person who is not a
United States citizen or national is entitled to receive benefits under
title II of the Social Security Act, and was residing in a country
where the Treasury Department withheld benefits on June 30, 1968
pursuant to Vol. II, 31 U.S.C. 3329, benefits cannot be paid. However,
if the Treasury Department subsequently removes that restriction, a
person who is not a United States citizen or national may be able to be
paid benefits to which they were entitled for months prior to July
1968. Benefits cannot be paid,--
* * * * *
(3) List of countries under Treasury Department alien payment
restriction.
[[Page 48857]]
The Treasury Department is currently withholding payments to persons
residing in the following countries pursuant to Vol. II, 31 U.S.C.
3329. We will publish future additions to or deletions from the list of
countries in the Federal Register: Cuba, North Korea.
* * * * *
[FR Doc. E9-22883 Filed 9-24-09; 8:45 am]
BILLING CODE 4191-02-P
