Technical Corrections to Regulations, 33683-33685 [2014-13803]
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Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations
evidence the State agency needs to make
a disability determination. When we
secure the evidence, we will furnish it
to the State agency for use in making the
disability determination.
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PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart J—[Amended]
3. The authority citation for subpart J
of part 416 continues to read as follows:
■
Authority: Secs. 702(a)(5), 1614, 1631, and
1633 of the Social Security Act (42 U.S.C.
902(a)(5), 1382c, 1383, and 1383b).
4. Amend § 416.1014 by revising
paragraph (a), removing paragraph (b),
and re-designating paragraph (c) as
paragraph (b).
The revision reads as follows:
■
§ 416.1014 Responsibilities for obtaining
evidence to make disability determinations.
(a) We or the State agency will secure
from the claimant or other sources any
evidence the State agency needs to make
a disability determination. When we
secure the evidence, we will furnish it
to the State agency for use in making the
disability determination.
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[FR Doc. 2014–13802 Filed 6–11–14; 8:45 am]
BILLING CODE 4191–02–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA–2013–0005]
RIN 0960–AH55
Technical Corrections to Regulations
Social Security Administration.
Final rule; technical corrections.
AGENCY:
ACTION:
We are making technical
corrections to several of our regulations.
In some cases, we are correcting
outdated cross-references in light of
revisions we made to other rules. We are
also revising the maximum dollar
amount of overpayments subject to
compromise based on other changes in
the law, and we are adjusting the
formula we use to calculate the
maximum benefits payable in the first
and second installment payments of
large past-due benefits for the same
reason. In addition, we are updating
references to the coverage status of
affected non-temporary employees of
the government of the Commonwealth
of the Northern Mariana Islands. These
changes do not alter the substance of the
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SUMMARY:
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Jkt 232001
regulations or effect the rights of
claimants or any other parties. We
expect that the changes will make our
rules more internally consistent and
make them easier to use.
DATES: This rule is effective June 12,
2014.
FOR FURTHER INFORMATION CONTACT:
Brian J. Rudick, Office of Regulations
and Reports Clearance, Social Security
Administration, 3100 West High Rise
Building, 6401 Security Boulevard,
Baltimore, MD 21235–6401, (410) 965–
7102. For information on eligibility or
filing for benefits, call our national tollfree 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:
We are making technical corrections
to our current regulations in several
parts. First, we are revising a reference
to section ‘‘197(a)(1)’’ of title 3 of the
United States Code in section
404.1018(b)(1)(iv) of our rules to the
correct reference, section ‘‘107(a)(1).’’
Section 210(a)(5)(D)(iii) of the Act refers
to section 107(a)(1) of title 3, and when
we published regulations that
implemented that section of the Act, the
final rule contained a typographical
error that mistakenly referred to section
‘‘197(a)(1).’’ 53 FR 38943, 38945, Oct. 4,
1988. This change corrects that
typographical error. Second, in 2012, we
published final rules that made some
changes to our rules on evaluating
evidence. 77 FR 10651, Feb. 23, 2012.
Those rules redesignated part of our
regulations on evaluating opinion
evidence without substantive effect.
However, we inadvertently did not
correct all of the regulatory sections that
the redesignation affected, so that some
of the cross-references to the rule are
incorrect. Therefore, we are correcting
the references in sections 404.1512(b)(7)
and (b)(8), and 416.912(b)(7) and (b)(8)
to reflect the correct designation of our
rules. This change has no effect on
claimants’ rights or on how we
adjudicate cases.
Third, we are correcting the
maximum dollar amount of
overpayments subject to compromise,
suspension, or termination of collection
under section 404.515(a) from $20,000
to $100,000, or any higher amount
authorized by the Attorney General, as
provided by 31 U.S.C. 3711 and the
Federal Claims Collection Standards.1
When we initially published those rules
in 1969, the Federal Claims Collection
Act of 1966 contained the $20,000 limit
1 See
PO 00000
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Frm 00037
Fmt 4700
Sfmt 4700
33683
reflected in our rules.2 Congress
temporarily raised the $20,000 limit to
$100,000 in 1990,3 and it subsequently
removed the sunset provision in the
prior law as part of the Debt Collection
Improvement Act of 1996.4 We are
revising our rules to conform to the
current statutory authority. We are also
revising the reference in the heading of
section 404.515(a) to the Federal Claims
Collection Act of 1966 to the Debt
Collection Improvement Act of 1996, to
reflect the current statutory authority.
Fourth, we are correcting the formula
we use to calculate the maximum
amount payable in the first and second
installment payments of large past-due
benefits, from 12 times to 3 times the
maximum monthly benefit payable, in
section 416.545(b). Congress changed
the formula from 12 times to 3 times the
maximum monthly benefit payable in
2005.5 We subsequently published a
final rule, which reflected that statutory
change in the first sentence of section
416.545(b), 76 FR 446, 453, Jan. 5, 2011.
However, we inadvertently did not
change the same reference in the third
sentence of that section. We are
correcting the third sentence of section
416.545(b) to conform the sentence to
the statutory formula. Finally, we are
updating references to the coverage
status of affected non-temporary
employees of the government of the
Commonwealth of the Northern Mariana
Islands to reflect the fact that these
employees became subject to Social
Security coverage beginning October 1,
2012. These changes make our
regulations clearer and more consistent.
Regulatory Procedures
We follow the Administrative
Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553
when we develop regulations. Section
702(a)(5) of the Social Security Act, 42
U.S.C. 902(a)(5). The APA provides
exceptions to its notice and public
comment procedures 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 determined
that good cause exists for dispensing
with the notice and public comment
procedures for these final rules. 5 U.S.C.
553(b)(B). Good cause exists for most of
these changes because these changes
eliminate minor inconsistencies in our
rules and therefore promote clear and
2 See
31 USC 952(b) (1970).
sec. 8(b) of Public Law 101–552, 104 Stat.
2736, 2746–47.
4 See sec. 31001(n) of Public Law 104–134, 110
Stat. 1321, 1321–369.
5 See sec. 7502(a) of Public Law 109–171, 120
Stat. 4, 154.
3 See
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Federal Register / Vol. 79, No. 113 / Thursday, June 12, 2014 / Rules and Regulations
Disability Insurance; 96.002, Social
Security—Retirement Insurance; 96.004,
Social Security—Survivors Insurance;
96.006, Supplemental Security Income.)
Subpart F—Overpayments,
Underpayments, Waiver of Adjustment
or Recovery of Overpayments, and
Liability of a Certifying Officer
List of Subjects
■
Executive Order 12866 as
Supplemented by Executive Order
13563
We consulted with the Office of
Management and Budget (OMB) and
determined that these final rules do not
meet the criteria for a significant
regulatory action under Executive Order
12866, as supplemented by Executive
Order 13563 and are not subject to OMB
review.
■
Regulatory Flexibility Act
We certify that these final rules will
not have a significant economic impact
on a substantial number of small entities
because they affect only individuals.
Accordingly, a regulatory flexibility
analysis as provided in the Regulatory
Flexibility Act, as amended, is not
required.
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consistent regulations. These changes
do not alter the substance of the
regulations or effect the rights of
claimants or any other parties. We
therefore find that the public would not
be interested in commenting on these
changes, and we determined that
opportunity for prior comment is
unnecessary. In addition, we also find
that prior public comment is
unnecessary with respect to the changes
we are making to sections 404.515(a)
and 416.545(b) of our regulations. These
changes do not represent discretionary
policy but merely reflect changes to the
underlying statutes. Since these changes
do not represent discretionary policy
and merely conform our rules to the
statutes, we find that prior public
comment is unnecessary with respect to
those changes. Therefore, we are issuing
these rules as final rules.
In addition, because we are not
making any substantive changes to the
existing rules, we find there is good
cause for dispensing with the 30-day
delay in the effective date of a
substantive rule provided by 5 U.S.C.
553(d)(3). These changes merely correct
typographical errors or minor
inconsistencies in our regulations, or
conform our regulations to underlying
statutory changes in the Act or other
laws. Accordingly, we find that it is
unnecessary to delay the effective date
of these rules and that it is in the public
interest to make these final rules
effective on the date of publication.
*
Paperwork Reduction Act
These final rules do not create any
new or affect any existing collections
and, therefore, do not require Office of
Management and Budget approval
under the Paperwork Reduction Act.
(Catalog of Federal Domestic Assistance
Program Nos. 96.001, Social Security—
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3. The authority citation for subpart F
of part 404 is revised to read as follows:
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
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons stated in the
preamble, we are amending 20 CFR
chapter III, part 404, subparts F, K, and
P, and part 416, subparts E and I, as set
forth below:
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950—
)
Subpart A—Introduction, General
Provisions and Definitions
1. The authority citation for subpart A
of part 404 continues to read as follows:
Authority: Secs. 203, 205(a), 216(j), and
702(a)(5) of the Social Security Act (42 U.S.C.
403, 405(a), 416(j), and 902(a)(5)) and 48
U.S.C. 1801.
2. Revise § 404.2(c)(5)(vi) to read as
follows:
■
General definitions and use of
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*
(c) * * *
(5) * * *
(vi) The Commonwealth of the
Northern Mariana Islands (CNMI)
effective January 1, 1987; Social
Security coverage for affected temporary
employees of the government of the
CNMI is also effective on January 1,
1987, under section 210(a)(7)(E) of the
Social Security Act. In addition, Social
Security coverage for affected nontemporary employees of the government
of the CNMI is effective on October 1,
2012, under section 210(a)(7)(C) of the
Social Security Act.
*
*
*
*
*
PO 00000
Frm 00038
Fmt 4700
§ 404.515
[Amended]
4. In § 404.515:
■ a. Revise the paragraph (a) heading to
read ‘‘General effect of the Debt
Collection Improvement Act of 1996’’;
and
■ b. In paragraph (a), remove ‘‘$20,000’’
and add in its place ‘‘$100,000 or any
higher amount authorized by the
Attorney General’’.
■
Administrative practice and
procedure, Aged, Blind, Disability
benefits, Public Assistance programs,
Reporting and recordkeeping
requirements, Supplemental Security
Income (SSI).
§ 404.2
terms.
Authority: Secs. 204, 205(a), 702(a)(5), and
1147 of the Social Security Act (42 U.S.C.
404, 405(a), 902(a)(5), and 1320b–17); 31
U.S.C. 3711; 31 U.S.C. 3716; 31 U.S.C.
3720A.
Sfmt 4700
Subpart K—Employment, Wages, SelfEmployment, and Self-Employment
Income
5. The authority citation for subpart K
of part 404 continues to read as follows:
■
Authority: Secs. 202(v), 205(a), 209, 210,
211, 229(a), 230, 231, and 702(a)(5) of the
Social Security Act (42 U.S.C. 402(v), 405(a),
409, 410, 411, 429(a), 430, 431, and 902(a)(5))
and 48 U.S.C. 1801.
§ 404.1018
[Amended]
6. In § 404.1018(b)(1)(iv), remove ‘‘197
(a)(1)’’ and add in its place ‘‘107(a)(1)’’.
■ 7. Revise § 404.1022(c) to read as
follows:
■
§ 404.1022 American Samoa, Guam, or the
Commonwealth of the Northern Mariana
Islands.
*
*
*
*
*
(c) Work for Guam, the
Commonwealth of the Northern
Mariana Islands (CNMI), or a political
subdivision or wholly owned
instrumentality of Guam or the CNMI.
Work as an officer or employee
(including a member of the legislature)
of the government of the CNMI, its
political subdivisions, or any wholly
owned instrumentality of any one or
more of these, is covered as employment
beginning October 1, 2012. Work as an
officer or employee (including a
member of the legislature) of the
government of Guam, its political
subdivisions, or any wholly owned
instrumentality of any one or more of
these, is excluded from coverage as
employment. However, the exclusion
does not apply to employees classified
as temporary or intermittent unless the
work is—
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(1) Covered by a retirement system
established by a law of Guam or the
CNMI;
(2) Done by an elected official;
(3) Done by a member of the
legislature; or
(4) Done in a hospital or penal
institution by a patient or inmate of the
hospital or penal institution.
*
*
*
*
*
Subpart P—Determining Disability and
Blindness
§ 416.912
[Amended]
13. In § 416.912:
a. In paragraph (b)(7), remove ‘‘(see
§ 416.927(f)(1)(iii))’’ and add in its place
‘‘(see § 416.927(e)(1)(iii))’’; and
■ b. In paragraph (b)(8), remove ‘‘See
§§ 416.927(f)(2)–(3).’’ and add in its
place ‘‘See § 416.927(e)(2) and (3).’’.
■
■
[FR Doc. 2014–13803 Filed 6–11–14; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF THE TREASURY
■
8. The authority citation for subpart P
of part 404 continues to read as follows:
Office of the Secretary
Authority: Secs. 202, 205(a)–(b) and (d)–
(h), 216(i), 221(a), (i), and (j), 222(c), 223,
225, and 702(a)(5) of the Social Security Act
(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i),
421(a), (i), and (j), 422(c), 423, 425, and
902(a)(5)); sec. 211(b), Pub. L. 104–193, 110
Stat. 2105, 2189; sec. 202, Pub. L. 108–203,
118 Stat. 509 (42 U.S.C. 902 note).
31 CFR Part 10
§ 404.1512
[TD 9668]
RIN 1545–BF96
Regulations Governing Practice Before
the Internal Revenue Service
Office of the Secretary,
Treasury.
ACTION: Final Regulations.
AGENCY:
[Amended]
9. In § 404.1512:
a. In paragraph (b)(7), remove ‘‘(see
§ 404.1527(f)(1)(iii))’’ and add in its
place ‘‘(see § 404.1527(e)(1)(iii))’’; and
■ b. In paragraph (b)(8), remove ‘‘See
§§ 404.1527(f)(2)–(3) and add in its
place ‘‘See § 404.1527(e)(2) and (3).’’.
■
■
PART 416—SUPPLEMENTAL
SECURITY INCOME FOR THE AGED,
BLIND, AND DISABLED
Subpart E—Payment of Benefits,
Overpayments, and Underpayments
This document contains final
regulations revising the regulations
governing practice before the Internal
Revenue Service (IRS). These final
regulations affect individuals who
practice before the IRS. These final
regulations modify the standards
governing written advice and update
other related provisions of the
regulations.
SUMMARY:
DATES:
Authority: Secs. 702(a)(5), 1147, 1601,
1602, 1611(c) and (e), and 1631(a)–(d) and (g)
of the Social Security Act (42 U.S.C.
902(a)(5), 1320b–17, 1381, 1381a, 1382(c)
and (e), and 1383(a)–(d) and (g)); 31 U.S.C.
3716; 31 U.S.C. 3720A.
Effective Date. These regulations are
effective on June 12, 2014.
Applicability Date: For dates of
applicability, see §§ 10.1(d), 10.3(j),
10.22(c), 10.31(b), 10.35(b), 10.36(b),
10.37(e), 10.81(b), 10.82(h), and 10.91.
FOR FURTHER INFORMATION CONTACT:
Matthew D. Lucey at (202) 317–3400
(not a toll-free number).
SUPPLEMENTARY INFORMATION:
§ 416.545
Background
10. The authority citation for subpart
E of part 416 continues to read as
follows:
■
[Amended]
11. In § 416.545(b), remove the
number ‘‘12’’ and add in its place the
number ‘‘3’’.
■
Subpart I—Determining Disability and
Blindness
12. The authority citation for subpart
I of part 416 continues to read as
follows:
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■
Authority: Secs. 221(m), 702(a)(5), 1611,
1614, 1619, 1631(a), (c), (d)(1), and (p), and
1633 of the Social Security Act (42 U.S.C.
421(m), 902(a)(5), 1382, 1382c, 1382h,
1383(a), (c), (d)(1), and (p), and 1383b); secs.
4(c) and 5, 6(c)–(e), 14(a), and 15, Pub. L. 98–
460, 98 Stat. 1794, 1801, 1802, and 1808 (42
U.S.C. 421 note, 423 note, and 1382h note).
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Section 330 of title 31 of the United
States Code authorizes the Secretary of
the Treasury to regulate the practice of
representatives of persons before the
Treasury Department (Treasury). The
Secretary has published regulations
governing practice before the IRS in 31
CFR part 10 and reprinted the
regulations as Treasury Department
Circular No. 230 (Circular 230).
Treasury and the IRS have
consistently maintained that individuals
subject to Circular 230 must meet
minimum standards of conduct with
respect to written tax advice, and those
who do not should be subject to
disciplinary action, including
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33685
suspension or disbarment. In
accordance with these principles, the
regulations have been amended from
time to time to address issues relating to
tax opinions and written tax advice.
These regulations modify the rules
governing written tax advice as well as
other related provisions of Circular 230
to ensure that practitioners meet certain
standards of conduct when serving as
representatives of persons before the IRS
and modify the consequences of failing
to meet those standards, such as the
expedited suspension provisions.
On September 17, 2012, Treasury and
the IRS published in the Federal
Register (77 FR 57055) a notice of
proposed rulemaking (REG–138367–06)
proposing to amend Circular 230 by
revising the rules governing written tax
advice and other related provisions of
Circular 230. Previously proposed
amendments to the regulations
regarding state or local bond opinions
also were withdrawn. The proposed
regulations sought to eliminate the
complex rules governing covered
opinions in current § 10.35 and to
expand the requirements for written
advice under § 10.37. The proposed
regulations also proposed to broaden the
requirement for procedures to ensure
compliance under § 10.36 beyond the
opinion writing and tax return
preparation context by requiring that an
individual who is subject to Circular
230 with principal authority for
overseeing a firm’s Federal tax practice
take reasonable steps to ensure the firm
has adequate procedures in place to
comply with Circular 230. The proposed
regulations further sought to clarify that
practitioners must exercise competence
when engaged in the practice of
representing persons before the IRS and
that the prohibition on a practitioner
endorsing or otherwise negotiating any
check issued to a taxpayer in respect of
a Federal tax liability applies to
government payments made by any
means, electronic or otherwise.
Additionally, the proposed regulations
expanded the categories of violations
subject to the expedited proceedings in
§ 10.82 to include failures to comply
with a practitioner’s personal tax filing
obligations that demonstrate a pattern of
willful disreputable conduct and
clarified the Office of Professional
Responsibility’s scope of responsibility.
Written comments responding to the
proposed regulations were received. A
public hearing on the proposed
regulations was held on December 7,
2012. After consideration of the public
comments, the proposed regulations are
adopted as revised by this Treasury
decision.
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]]>Agencies
[Federal Register Volume 79, Number 113 (Thursday, June 12, 2014)]
[Rules and Regulations]
[Pages 33683-33685]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13803]
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA-2013-0005]
RIN 0960-AH55
Technical Corrections to Regulations
AGENCY: Social Security Administration.
ACTION: Final rule; technical corrections.
-----------------------------------------------------------------------
SUMMARY: We are making technical corrections to several of our
regulations. In some cases, we are correcting outdated cross-references
in light of revisions we made to other rules. We are also revising the
maximum dollar amount of overpayments subject to compromise based on
other changes in the law, and we are adjusting the formula we use to
calculate the maximum benefits payable in the first and second
installment payments of large past-due benefits for the same reason. In
addition, we are updating references to the coverage status of affected
non-temporary employees of the government of the Commonwealth of the
Northern Mariana Islands. These changes do not alter the substance of
the regulations or effect the rights of claimants or any other parties.
We expect that the changes will make our rules more internally
consistent and make them easier to use.
DATES: This rule is effective June 12, 2014.
FOR FURTHER INFORMATION CONTACT: Brian J. Rudick, Office of Regulations
and Reports Clearance, Social Security Administration, 3100 West High
Rise Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410)
965-7102. 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:
We are making technical corrections to our current regulations in
several parts. First, we are revising a reference to section
``197(a)(1)'' of title 3 of the United States Code in section
404.1018(b)(1)(iv) of our rules to the correct reference, section
``107(a)(1).'' Section 210(a)(5)(D)(iii) of the Act refers to section
107(a)(1) of title 3, and when we published regulations that
implemented that section of the Act, the final rule contained a
typographical error that mistakenly referred to section ``197(a)(1).''
53 FR 38943, 38945, Oct. 4, 1988. This change corrects that
typographical error. Second, in 2012, we published final rules that
made some changes to our rules on evaluating evidence. 77 FR 10651,
Feb. 23, 2012. Those rules redesignated part of our regulations on
evaluating opinion evidence without substantive effect. However, we
inadvertently did not correct all of the regulatory sections that the
redesignation affected, so that some of the cross-references to the
rule are incorrect. Therefore, we are correcting the references in
sections 404.1512(b)(7) and (b)(8), and 416.912(b)(7) and (b)(8) to
reflect the correct designation of our rules. This change has no effect
on claimants' rights or on how we adjudicate cases.
Third, we are correcting the maximum dollar amount of overpayments
subject to compromise, suspension, or termination of collection under
section 404.515(a) from $20,000 to $100,000, or any higher amount
authorized by the Attorney General, as provided by 31 U.S.C. 3711 and
the Federal Claims Collection Standards.\1\ When we initially published
those rules in 1969, the Federal Claims Collection Act of 1966
contained the $20,000 limit reflected in our rules.\2\ Congress
temporarily raised the $20,000 limit to $100,000 in 1990,\3\ and it
subsequently removed the sunset provision in the prior law as part of
the Debt Collection Improvement Act of 1996.\4\ We are revising our
rules to conform to the current statutory authority. We are also
revising the reference in the heading of section 404.515(a) to the
Federal Claims Collection Act of 1966 to the Debt Collection
Improvement Act of 1996, to reflect the current statutory authority.
---------------------------------------------------------------------------
\1\ See 31 CFR 902.1(a).
\2\ See 31 USC 952(b) (1970).
\3\ See sec. 8(b) of Public Law 101-552, 104 Stat. 2736, 2746-
47.
\4\ See sec. 31001(n) of Public Law 104-134, 110 Stat. 1321,
1321-369.
---------------------------------------------------------------------------
Fourth, we are correcting the formula we use to calculate the
maximum amount payable in the first and second installment payments of
large past-due benefits, from 12 times to 3 times the maximum monthly
benefit payable, in section 416.545(b). Congress changed the formula
from 12 times to 3 times the maximum monthly benefit payable in
2005.\5\ We subsequently published a final rule, which reflected that
statutory change in the first sentence of section 416.545(b), 76 FR
446, 453, Jan. 5, 2011. However, we inadvertently did not change the
same reference in the third sentence of that section. We are correcting
the third sentence of section 416.545(b) to conform the sentence to the
statutory formula. Finally, we are updating references to the coverage
status of affected non-temporary employees of the government of the
Commonwealth of the Northern Mariana Islands to reflect the fact that
these employees became subject to Social Security coverage beginning
October 1, 2012. These changes make our regulations clearer and more
consistent.
---------------------------------------------------------------------------
\5\ See sec. 7502(a) of Public Law 109-171, 120 Stat. 4, 154.
---------------------------------------------------------------------------
Regulatory Procedures
We follow the Administrative Procedure Act (APA) rulemaking
procedures specified in 5 U.S.C. 553 when we develop regulations.
Section 702(a)(5) of the Social Security Act, 42 U.S.C. 902(a)(5). The
APA provides exceptions to its notice and public comment procedures
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 determined that good cause exists for
dispensing with the notice and public comment procedures for these
final rules. 5 U.S.C. 553(b)(B). Good cause exists for most of these
changes because these changes eliminate minor inconsistencies in our
rules and therefore promote clear and
[[Page 33684]]
consistent regulations. These changes do not alter the substance of the
regulations or effect the rights of claimants or any other parties. We
therefore find that the public would not be interested in commenting on
these changes, and we determined that opportunity for prior comment is
unnecessary. In addition, we also find that prior public comment is
unnecessary with respect to the changes we are making to sections
404.515(a) and 416.545(b) of our regulations. These changes do not
represent discretionary policy but merely reflect changes to the
underlying statutes. Since these changes do not represent discretionary
policy and merely conform our rules to the statutes, we find that prior
public comment is unnecessary with respect to those changes. Therefore,
we are issuing these rules as final rules.
In addition, because we are not making any substantive changes to
the existing rules, we find there is good cause for dispensing with the
30-day delay in the effective date of a substantive rule provided by 5
U.S.C. 553(d)(3). These changes merely correct typographical errors or
minor inconsistencies in our regulations, or conform our regulations to
underlying statutory changes in the Act or other laws. Accordingly, we
find that it is unnecessary to delay the effective date of these rules
and that it is in the public interest to make these final rules
effective on the date of publication.
Executive Order 12866 as Supplemented by Executive Order 13563
We consulted with the Office of Management and Budget (OMB) and
determined that these final rules do not meet the criteria for a
significant regulatory action under Executive Order 12866, as
supplemented by Executive Order 13563 and are not subject to OMB
review.
Regulatory Flexibility Act
We certify that these final rules will not have a significant
economic impact on a substantial number of small entities because they
affect only individuals. Accordingly, a regulatory flexibility analysis
as provided in the Regulatory Flexibility Act, as amended, is not
required.
Paperwork Reduction Act
These final rules do not create any new or affect any existing
collections and, therefore, do not require Office of Management and
Budget approval under the Paperwork Reduction Act.
(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.)
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).
Carolyn W. Colvin,
Acting Commissioner of Social Security.
For the reasons stated in the preamble, we are amending 20 CFR
chapter III, part 404, subparts F, K, and P, and part 416, subparts E
and I, as set forth below:
PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE
(1950-- )
Subpart A--Introduction, General Provisions and Definitions
0
1. The authority citation for subpart A of part 404 continues to read
as follows:
Authority: Secs. 203, 205(a), 216(j), and 702(a)(5) of the
Social Security Act (42 U.S.C. 403, 405(a), 416(j), and 902(a)(5))
and 48 U.S.C. 1801.
0
2. Revise Sec. 404.2(c)(5)(vi) to read as follows:
Sec. 404.2 General definitions and use of terms.
* * * * *
(c) * * *
(5) * * *
(vi) The Commonwealth of the Northern Mariana Islands (CNMI)
effective January 1, 1987; Social Security coverage for affected
temporary employees of the government of the CNMI is also effective on
January 1, 1987, under section 210(a)(7)(E) of the Social Security Act.
In addition, Social Security coverage for affected non-temporary
employees of the government of the CNMI is effective on October 1,
2012, under section 210(a)(7)(C) of the Social Security Act.
* * * * *
Subpart F--Overpayments, Underpayments, Waiver of Adjustment or
Recovery of Overpayments, and Liability of a Certifying Officer
0
3. The authority citation for subpart F of part 404 is revised to read
as follows:
Authority: Secs. 204, 205(a), 702(a)(5), and 1147 of the Social
Security Act (42 U.S.C. 404, 405(a), 902(a)(5), and 1320b-17); 31
U.S.C. 3711; 31 U.S.C. 3716; 31 U.S.C. 3720A.
Sec. 404.515 [Amended]
0
4. In Sec. 404.515:
0
a. Revise the paragraph (a) heading to read ``General effect of the
Debt Collection Improvement Act of 1996''; and
0
b. In paragraph (a), remove ``$20,000'' and add in its place ``$100,000
or any higher amount authorized by the Attorney General''.
Subpart K--Employment, Wages, Self-Employment, and Self-Employment
Income
0
5. The authority citation for subpart K of part 404 continues to read
as follows:
Authority: Secs. 202(v), 205(a), 209, 210, 211, 229(a), 230,
231, and 702(a)(5) of the Social Security Act (42 U.S.C. 402(v),
405(a), 409, 410, 411, 429(a), 430, 431, and 902(a)(5)) and 48
U.S.C. 1801.
Sec. 404.1018 [Amended]
0
6. In Sec. 404.1018(b)(1)(iv), remove ``197 (a)(1)'' and add in its
place ``107(a)(1)''.
0
7. Revise Sec. 404.1022(c) to read as follows:
Sec. 404.1022 American Samoa, Guam, or the Commonwealth of the
Northern Mariana Islands.
* * * * *
(c) Work for Guam, the Commonwealth of the Northern Mariana Islands
(CNMI), or a political subdivision or wholly owned instrumentality of
Guam or the CNMI. Work as an officer or employee (including a member of
the legislature) of the government of the CNMI, its political
subdivisions, or any wholly owned instrumentality of any one or more of
these, is covered as employment beginning October 1, 2012. Work as an
officer or employee (including a member of the legislature) of the
government of Guam, its political subdivisions, or any wholly owned
instrumentality of any one or more of these, is excluded from coverage
as employment. However, the exclusion does not apply to employees
classified as temporary or intermittent unless the work is--
[[Page 33685]]
(1) Covered by a retirement system established by a law of Guam or
the CNMI;
(2) Done by an elected official;
(3) Done by a member of the legislature; or
(4) Done in a hospital or penal institution by a patient or inmate
of the hospital or penal institution.
* * * * *
Subpart P--Determining Disability and Blindness
0
8. The authority citation for subpart P of part 404 continues to read
as follows:
Authority: Secs. 202, 205(a)-(b) and (d)-(h), 216(i), 221(a),
(i), and (j), 222(c), 223, 225, and 702(a)(5) of the Social Security
Act (42 U.S.C. 402, 405(a)-(b) and (d)-(h), 416(i), 421(a), (i), and
(j), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193,
110 Stat. 2105, 2189; sec. 202, Pub. L. 108-203, 118 Stat. 509 (42
U.S.C. 902 note).
Sec. 404.1512 [Amended]
0
9. In Sec. 404.1512:
0
a. In paragraph (b)(7), remove ``(see Sec. 404.1527(f)(1)(iii))'' and
add in its place ``(see Sec. 404.1527(e)(1)(iii))''; and
0
b. In paragraph (b)(8), remove ``See Sec. Sec. 404.1527(f)(2)-(3) and
add in its place ``See Sec. 404.1527(e)(2) and (3).''.
PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND
DISABLED
Subpart E--Payment of Benefits, Overpayments, and Underpayments
0
10. The authority citation for subpart E of part 416 continues to read
as follows:
Authority: Secs. 702(a)(5), 1147, 1601, 1602, 1611(c) and (e),
and 1631(a)-(d) and (g) of the Social Security Act (42 U.S.C.
902(a)(5), 1320b-17, 1381, 1381a, 1382(c) and (e), and 1383(a)-(d)
and (g)); 31 U.S.C. 3716; 31 U.S.C. 3720A.
Sec. 416.545 [Amended]
0
11. In Sec. 416.545(b), remove the number ``12'' and add in its place
the number ``3''.
Subpart I--Determining Disability and Blindness
0
12. The authority citation for subpart I of part 416 continues to read
as follows:
Authority: Secs. 221(m), 702(a)(5), 1611, 1614, 1619, 1631(a),
(c), (d)(1), and (p), and 1633 of the Social Security Act (42 U.S.C.
421(m), 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), (d)(1), and
(p), and 1383b); secs. 4(c) and 5, 6(c)-(e), 14(a), and 15, Pub. L.
98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423
note, and 1382h note).
Sec. 416.912 [Amended]
0
13. In Sec. 416.912:
0
a. In paragraph (b)(7), remove ``(see Sec. 416.927(f)(1)(iii))'' and
add in its place ``(see Sec. 416.927(e)(1)(iii))''; and
0
b. In paragraph (b)(8), remove ``See Sec. Sec. 416.927(f)(2)-(3).''
and add in its place ``See Sec. 416.927(e)(2) and (3).''.
[FR Doc. 2014-13803 Filed 6-11-14; 8:45 am]
BILLING CODE 4191-02-P
