Revision of Authority Citations

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 401, 404, 416, 422, and 423

[Regulation Nos. 1, 4, 16, 22, and 23]

RIN 0960-AE32

Revision of Authority Citations

AGENCY: Social Security Administration.

ACTION: Final rule with request for comments.

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SUMMARY: The authority citations for the Social Security Administration

(SSA) regulations are being revised. As of March 31, 1995, new

regulatory authority was given to the Commissioner of Social Security

by the Social Security Independence and Program Improvements Act of

1994 (the Independence Act). The authority citations are being revised

where appropriate to reflect this change in authority and other changes

in the law to provide updated citations for the public.

DATES: This rule is effective February 15, 1996. We will consider any

comments received no later than April 15, 1996.

ADDRESSES: Comments should be submitted in writing to the Commissioner

of Social Security, P.O. Box 1585, Baltimore, MD 21235, sent by telefax

to (410) 966-2830, sent by E-mail to ``[email protected]'', or

delivered to the Division of Regulations and Rulings, Social Security

Administration, 3-B-1 Operations Building, 6401 Security Boulevard,

Baltimore, MD 21235, between 8:00 a.m. and 4:30 p.m. on regular

business days. Comments may be inspected during these same hours by

making arrangements with the contact person shown below.

FOR FURTHER INFORMATION CONTACT: Daniel T. Bridgewater, Legal

Assistant, Division of Regulations and Rulings, Social Security

Administration, 6401 Security Boulevard, Baltimore, MD 21235, (410)

965-3298 for information about this rule. For information on

eligibility or claiming benefits, call our national toll-free number,

1-800-772-1213.

[[Page 5940]]

SUPPLEMENTARY INFORMATION: SSA is revising the statutory authority

citations for the following parts under 20 CFR chapter III:

1. Part 401--Disclosure of Official Records and Information;

2. Part 404--Federal Old-Age, Survivors and Disability Insurance

(1950- );

3. Part 416--Supplemental Security Income for the Aged, Blind, and

Disabled;

4. Part 422--Organization and Procedures; and

5. Part 423--Service of Process.

Prior to March 31, 1995, the general regulatory authority for SSA

programs and administration was vested in the Secretary of Health and

Human Services (the Secretary) and was based on section 1102 of the

Social Security Act (the Act)(42 U.S.C. 1302). However, the

Independence Act, Public Law 103-296, established the Social Security

Administration as an independent agency in the Executive Branch of the

Federal government and provided general regulatory authority effective

March 31, 1995, in the Commissioner of Social Security (the

Commissioner) in section 702(a)(5) of the Act (42 U.S.C. 902(a)(5)).

Where current authority citations in parts 401, 404, 416, 422, and

423 refer to the Secretary's authority, SSA is revising them to refer

solely to the Commissioner's authority. SSA is also updating the

citations to remove obsolete references and reflect changes in the law

since the citations were last revised.

Electronic Version

The electronic file of this document is available on the Federal

Bulletin Board (FBB) at 9:00 A.M. on the date of publication in the

Federal Register. To download the file, modem dial (202) 512-1387. The

FBB instructions will explain how to download the file and the fee.

This file is in WordPerfect and will remain on the FBB during the

comment period.

Regulatory Procedures

Pursuant to section 702(a)(5) of the Act (42 U.S.C. 902(a)(5)), SSA

follows the Administrative Procedure Act (APA) rulemaking procedures

specified in 5 U.S.C. 553 in the development of its regulations. The

APA provides exceptions to its prior notice and public comment

procedures when an agency finds there is good cause for dispensing with

such procedures on the basis that they are impracticable, unnecessary,

or contrary to the public interest.

We have determined that, under 5 U.S.C. 553(b)(B), good cause

exists for dispensing with the notice and public comment procedures in

this case. Good cause exists because these are minor technical changes

which make no substantive change in the regulations and have no effect

on the public. Therefore, opportunity for prior comment is unnecessary,

and we are issuing these changes to our regulations as a final rule.

SSA is publishing these regulations as a final rule with a 60-day

comment period. SSA will consider any timely comments and will revise

and republish this rule if the public comments warrant.

In addition, SSA is not providing a 30-day delay in the effective

date of this final rule under 5 U.S.C. 553(d). This is not a

substantive rule, and there is no change in policy. Accordingly, the

requirements of 5 U.S.C. 553(d) are inapplicable.

Executive Order 12866

SSA has consulted with the Office of Management and Budget (OMB)

and determined that this final rule does not meet the criteria for a

significant regulatory action under Executive Order 12866. Thus, it was

not subject to OMB review.

Regulatory Flexibility Act

SSA certifies that this final rule will not have a significant

economic impact on a substantial number of small entities since it

makes no changes in policy. Therefore, a regulatory flexibility

analysis as provided in Public Law 96-354, the Regulatory Flexibility

Act, is not required.

Paperwork Reduction Act

This final rule imposes no additional 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; 96.003 Social Security--Special Benefits for Persons Aged

72 and Over; 96.004 Social Security--Survivors Insurance; 96.005

Special Benefits for Disabled Coal Miners; 96.006 Supplemental

Security Income; 96.007 Social Security--Research and Demonstration)

List of Subjects

20 CFR Part 401

Administrative practice and procedure, Disclosure, Privacy, Social

security, Supplemental Security Income (SSI).

20 CFR Part 404

Administrative practice and procedure, Blind, Old-Age, Survivors

and 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, Supplemental Security Income

(SSI), Reporting and recordkeeping requirements.

20 CFR Part 422

Administrative practice and procedure, Freedom of information,

Organization and functions (Government agencies), Social security.

20 CFR Part 423

Courts.

Dated: February 1, 1996.

Shirley S. Chater,

Commissioner of Social Security.

For the reasons set out in the preamble, 20 CFR chapter III is

amended as follows:

PART 401--DISCLOSURE OF OFFICIAL RECORDS AND INFORMATION

1. An authority citation is added after the table of contents for

part 401 and before the regulatory text for part 401 to read as

follows:

Authority: Secs. 205, 702(a)(5), 1106, and 1141 of the Social

Security Act (42 U.S.C. 405, 902(a)(5), 1306, and 1320b-11); 5

U.S.C. 552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923.

2. The authority citation for each subpart in part 401 is removed.

PART 404--FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE

(1950- )

Subpart A--[Amended]

1. The authority citation for subpart A of part 404 is revised 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)).

Subpart B--[Amended]

2. The authority citation for subpart B of part 404 is revised to

read as follows:

Authority: Secs. 205(a), 212, 213, 214, 216, 217, 223, and

702(a)(5) of the Social Security Act (42 U.S.C. 405(a), 412, 413,

414, 416, 417, 423, and 902(a)(5)).

Subpart C--[Amended]

3. The authority citation for subpart C of part 404 is revised to

read as follows:

Authority: Secs. 202(a), 205(a), 215, and 702(a)(5) of the

Social Security Act (42 U.S.C. 402(a), 405(a), 415, and 902(a)(5)).

[[Page 5941]]

Subpart D--[Amended]

4. The authority citation for subpart D of part 404 is revised to

read as follows:

Authority: Secs. 202, 203 (a) and (b), 205(a), 216, 223, 225,

228(a)-(e), and 702(a)(5) of the Social Security Act (42 U.S.C. 402,

403 (a) and (b), 405(a), 416, 423, 425, 428(a)-(e), and 902(a)(5)).

Subpart E--[Amended]

5. The authority citation for subpart E of part 404 is revised to

read as follows:

Authority: Secs. 202, 203, 204 (a) and (e), 205 (a) and (c),

222(b), 223(e), 224, 225, and 702(a)(5) of the Social Security Act

(42 U.S.C. 402, 403, 404 (a) and (e), 405 (a) and (c), 422(b),

423(e), 424a, 425, and 902(a)(5)).

Subpart F--[Amended]

6. The authority citation for subpart F of part 404 is revised to

read as follows:

Authority: Secs. 204(a)-(d), 205(a), and 702(a)(5) of the Social

Security Act (42 U.S.C. 404(a)-(d), 405(a), and 902(a)(5)); 31

U.S.C. 3720A.

Subpart G--[Amended]

7. The authority citation for subpart G of part 404 is revised to

read as follows:

Authority: Secs. 202 (i), (j), (o), (p), and (r), 205(a),

216(i)(2), 223(b), 228(a), and 702(a)(5) of the Social Security Act

(42 U.S.C. 402 (i), (j), (o), (p), and (r), 405(a), 416(i)(2),

423(b), 428(a), and 902(a)(5)).

Subpart H--[Amended]

8. The authority citation for subpart H of part 404 is revised to

read as follows:

Authority: Secs. 205(a) and 702(a)(5) of the Social Security Act

(42 U.S.C. 405(a) and 902(a)(5)).

Subpart I--[Amended]

9. The authority citation for subpart I of part 404 is revised to

read as follows:

Authority: Secs. 205(a), (c)(1), (c)(2)(A), (c)(4), (c)(5),

(c)(6), and (p), 702(a)(5), and 1143 of the Social Security Act (42

U.S.C. 405(a), (c)(1), (c)(2)(A), (c)(4), (c)(5), (c)(6), and (p),

902(a)(5), and 1320b-13).

Subpart J--[Amended]

10. The authority citation for subpart J of part 404 is revised to

read as follows:

Authority: Secs. 201(j), 205(a), (b), (d)-(h), and (j), 221,

225, and 702(a)(5) of the Social Security Act (42 U.S.C. 401(j),

405(a), (b), (d)-(h), and (j), 421, 425, and 902(a)(5)); 31 U.S.C.

3720A; sec. 5, Pub. L. 97-455, 96 Stat. 2500 (42 U.S.C. 405 note);

secs. 5, 6(c)-(e), and 15, Pub. L. 98-460, 98 Stat. 1802 (42 U.S.C.

421 note).

Subpart K--[Amended]

11. The authority citation for subpart K of part 404 is revised 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)).

Subpart M--[Amended]

12. The authority citation for subpart M of part 404 is revised to

read as follows:

Authority: Secs. 205, 210, 218, and 702(a)(5) of the Social

Security Act (42 U.S.C. 405, 410, 418, and 902(a)(5)); sec. 12110,

Pub. L. 99-272, 100 Stat. 287 (42 U.S.C. 418 note); sec. 9002, Pub.

L. 99-509, 100 Stat. 1970.

Subpart N--[Amended]

13. The authority citation for subpart N of part 404 is revised to

read as follows:

Authority: Secs. 205(a) and (p), 210(l) and (m), 215(h), 217,

229, and 702(a)(5) of the Social Security Act (42 U.S.C. 405(a) and

(p), 410(l) and (m), 415(h), 417, 429, and 902(a)(5)).

Subpart O--[Amended]

14. The authority citation for subpart O of part 404 is revised to

read as follows:

Authority: Secs. 202(l), 205(a), (c)(5)(D), (i), and (o),

210(a)(9) and (l)(4), 211(c)(3), and 702(a)(5) of the Social

Security Act (42 U.S.C. 402(l), 405(a), (c)(5)(D), (i), and (o),

410(a)(9) and (l)(4), 411(c)(3), and 902(a)(5)).

Subpart P--[Amended]

15. The authority citation for subpart P of part 404 is revised to

read as follows:

Authority: Secs. 202, 205(a), (b), and (d)-(h), 216(i), 221(a)

and (i), 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) and (i),

422(c), 423, 425, and 902(a)(5)).

Subpart Q--[Amended]

16. The authority citation for subpart Q of part 404 is revised to

read as follows:

Authority: Secs. 205(a), 221, and 702(a)(5) of the Social

Security Act (42 U.S.C. 405(a), 421, and 902(a)(5)).

Subpart R--[Amended]

17. The authority citation for subpart R of part 404 is revised to

read as follows:

Authority: Secs. 205(a), 206, and 702(a)(5) of the Social

Security Act (42 U.S.C. 405(a), 406, and 902(a)(5)).

Subpart S--[Amended]

18. The authority citation for subpart S of part 404 is revised to

read as follows:

Authority: Secs. 205(a) and (n), 207, and 702(a)(5) of the

Social Security Act (42 U.S.C. 405(a) and (n), 407, and 902(a)(5)).

Subpart T--[Amended]

19. The authority citation for subpart T of part 404 is revised to

read as follows:

Authority: Secs. 205(a), 233, and 702(a)(5) of the Social

Security Act (42 U.S.C. 405(a), 433, and 902(a)(5)).

Subpart U--[Amended]

20. The authority citation for subpart U of part 404 is revised 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)).

Subpart V--[Amended]

21. The authority citation for subpart V of part 404 is revised to

read as follows:

Authority: Secs. 205(a), 222, and 702(a)(5) of the Social

Security Act (42 U.S.C. 405(a), 422, and 902(a)(5)).

PART 416--SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND

DISABLED

Subpart A--[Amended]

1. The authority citation for subpart A of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5) and 1601-1635 of the Social Security

Act (42 U.S.C. 902(a)(5) and 1381-1383d); sec. 212, Pub. L. 93-66,

87 Stat. 155 (42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90

Stat. 268 (48 U.S.C. 1681 note).

Subpart B--[Amended]

2. The authority citation for subpart B of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1110(b), 1602, 1611, 1614, 1615(c),

1619(a), 1631, and 1634 of the Social Security Act (42 U.S.C.

902(a)(5), 1310(b), 1381a, 1382, 1382c, 1382d(c), 1382h(a), 1383,

and 1383c); secs. 211 and 212, Pub. L. 93-66, 87 Stat. 154 and 155

(42 U.S.C. 1382 note); sec. 502(a), Pub. L. 94-241, 90 Stat. 268 (48

U.S.C. 1681 note); sec. 2, Pub. L. 99-643, 100 Stat. 3574 (42 U.S.C.

1382h note).

Subpart C--[Amended]

3. The authority citation for subpart C of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1611, and 1631 (a), (d), and (e) of

the Social Security Act (42 U.S.C. 902(a)(5), 1382, and 1383 (a),

(d), and (e)).

[[Page 5942]]

Subpart D--[Amended]

4. The authority citation for subpart D of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1611 (a), (b), (c), and (e), 1612,

1617, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5), 1382

(a), (b), (c), and (e), 1382a, 1382f, and 1383).

Subpart E--[Amended]

5. The authority citation for subpart E of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1601, 1602, 1611 (c) and (e), and

1631 (a)-(d) and (g) of the Social Security Act (42 U.S.C.

902(a)(5), 1381, 1381a, 1382 (c) and (e), and 1383 (a)-(d) and (g)).

Subpart F--[Amended]

6. The authority citation for subpart F of part 416 is revised 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)).

Subpart G--[Amended]

7. The authority citation for subpart G of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1611, 1612, 1613, 1614, and 1631 of

the Social Security Act (42 U.S.C. 902(a)(5), 1382, 1382a, 1382b,

1382c, and 1383); sec. 211, Pub. L. 93-66, 87 Stat. 154 (42 U.S.C.

1382 note).

Subpart H--[Amended]

8. The authority citation for subpart H of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1601, 1614(a)(1) and 1631 of the

Social Security Act (42 U.S.C. 902(a)(5), 1381, 1382c(a)(1), and

1383).

Subpart I--[Amended]

9. The authority citation for subpart I of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), and

(d)(1), and 1633 of the Social Security Act (42 U.S.C. 902(a)(5),

1382, 1382c, 1382h, 1383(a), (c), and (d)(1), 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, 1382h note).

Subpart J--[Amended]

10. The authority citation for subpart J of part 416 is revised 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).

Subpart K--[Amended]

11. The authority citation for subpart K of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),

1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211,

Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

Subpart L--[Amended]

12. The authority citation for subpart L of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1602, 1611, 1612, 1613, 1614(f),

1621, and 1631 of the Social Security Act (42 U.S.C. 902(a)(5),

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j, and 1383); sec. 211,

Pub. L. 93-66, 87 Stat. 154 (42 U.S.C. 1382 note).

Subpart M--[Amended]

13. The authority citation for subpart M of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1611-1615, 1619, and 1631 of the

Social Security Act (42 U.S.C. 902(a)(5), 1382-1382d, 1382h, and

1383).

Subpart O--[Amended]

14. The authority citation for subpart O of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5) and 1631(d) of the Social Security

Act (42 U.S.C. 902(a)(5) and 1383(d)).

Subpart P--[Amended]

15. The authority citation for subpart P of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1614(a)(1)(B) and (e), and 1631 of

the Social Security Act (42 U.S.C. 902(a)(5), 1382c(a)(1)(B) and

(e), and 1383); 8 U.S.C. 1254a; sec. 502, Pub. L. 94-241, 90 Stat.

268 (48 U.S.C. 1681 note).

Subpart Q--[Amended]

16. The authority citation for subpart Q of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1611(e)(3), 1615, and 1631 of the

Social Security Act (42 U.S.C. 902(a)(5), 1382(e)(3), 1382d, and

1383).

Subpart R--[Amended]

17. The authority citation for subpart R of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1614(b), (c), and (d), and

1631(d)(1) and (e) of the Social Security Act (42 U.S.C. 902(a)(5),

1382c (b), (c), and (d), and 1383 (d)(1) and (e)).

Subpart S--[Amended]

18. The authority citation for subpart S of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5) and 1631 of the Social Security Act

(42 U.S.C. 902(a)(5) and 1383).

Subpart T--[Amended]

19. The authority citation for subpart T of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1616, 1618, and 1631 of the Social

Security Act (42 U.S.C. 902(a)(5), 1382e, 1382g, and 1383); sec.

212, Pub. L. 93-66, 87 Stat. 155 (42 U.S.C. 1382 note); sec. 8(a),

(b)(1)-(b)(3), Pub. L. 93-233, 87 Stat. 956 (7 U.S.C. 612c note,

1431 note and 42 U.S.C. 1382e note); secs. 1(a)-(c) and 2(a),

2(b)(1), 2(b)(2), Pub. L. 93-335, 88 Stat. 291 (42 U.S.C. 1382 note,

1382e note).

Subpart U--[Amended]

20. The authority citation for subpart U of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1106, 1631(d)(1), and 1634 of the

Social Security Act (42 U.S.C. 902(a)(5), 1306, 1383(d)(1), and

1383c).

Subpart V--[Amended]

21. The authority citation for subpart V of part 416 is revised to

read as follows:

Authority: Secs. 702(a)(5), 1615, and 1631(d)(1) and (e) of the

Social Security Act (42 U.S.C. 902(a)(5), 1382d, and 1383(d)(1) and

(e)); sec. 2344, Pub. L. 97-35, 95 Stat. 867 (42 U.S.C. 1382d note).

PART 422--ORGANIZATION AND PROCEDURES

1. The authority citation at the end of the table of contents is

removed.

Subpart A--[Amended]

2. The authority citation for subpart A of part 422 is added after

the heading and before the regulatory text for this subpart to read as

follows:

Authority: Secs. 205, 218, 221, and 701-704 of the Social

Security Act (42 U.S.C. 405, 418, 421, and 901-904).

Subpart B--[Amended]

3. The authority citation for subpart B of part 422 is revised to

read as follows:

Authority: Secs. 205, 232, 702(a)(5), 1131, and 1143 of the

Social Security Act (42 U.S.C. 405, 432, 902(a)(5), 1320b-1, and

1320b-13).

Subpart C--[Amended]

4. The authority citation for subpart C of part 422 is revised to

read as follows:

Authority: Secs. 205, 221, and 702(a)(5) of the Social Security

Act (42 U.S.C. 405, 421, and 902(a)(5)); 30 U.S.C. 923(b).

[[Page 5943]]

Subpart E--[Amended]

5. The authority citation for subpart E of part 422 is revised to

read as follows:

Authority: Secs. 205(a), 702(a)(5), and 1106 of the Social

Security Act (42 U.S.C. 405(a), 902(a)(5), and 1306); 5 U.S.C. 552

and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 30 U.S.C. 923(b).

Subpart F--[Amended]

6. The authority citation for subpart F of part 422 is revised to

read as follows:

Authority: Secs. 205 and 702(a)(5) of the Social Security Act

(42 U.S.C. 405 and 902(a)(5)). Section 422.512 is also issued under

30 U.S.C. 901 et seq.

Subpart G--[Amended]

7. The authority citation for subpart G of part 422 is revised to

read as follows:

Authority: 26 U.S.C. 9701-9708.

PART 423--SERVICE OF PROCESS

1. The authority citation for part 423 is revised to read as

follows:

Authority: Sec. 701 and 702(a)(5) of the Social Security Act (42

U.S.C. 901 and 902(a)(5)).

[FR Doc. 96-3405 Filed 2-14-96; 8:45 am]

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