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inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(k) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency Airworthiness 

Directive 2012–0241, dated November 12, 

2012, for related information. The MCAI can 

be found in the AD docket on the Internet at 

http://www.regulations.gov. 

(2) For service information identified in 

this AD, contact Fokker Services B.V., 

Technical Services Dept., P.O. Box 1357, 

2130 EL Hoofddorp, the Netherlands; 

telephone +31 (0)88–6280–350; fax +31 

(0)88–6280–111; email 

technicalservices@fokker.com; Internet 

http://www.myfokkerfleet.com. You may 

review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425 227–1221. 

Issued in Renton, Washington, on July 21, 

2013. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–18389 Filed 7–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0632; Directorate 

Identifier 2013–NM–045–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A330–200 and –300 series 

airplanes, and Model A340–200, –300, 

–500, and –600 series airplanes. This 

proposed AD results from fuel system 

reviews conducted by the airplane 

manufacturer. This proposed AD would 

require removing bulb type maintenance 

lights; installing a drain mast on certain 

airplanes; and installing muffs on 

connecting bleed elements on certain 

airplanes. We are proposing this AD to 

prevent ignition sources inside fuel 

tanks, which, in combination with 

flammable fuel vapors, could result in 

fuel tank explosions and consequent 

loss of the airplane. 

DATES: We must receive comments on 

this proposed AD by September 16, 

2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Airbus SAS, 

Airworthiness Office—EAL, 1 Rond 

Point Maurice Bellonte, 31707 Blagnac 

Cedex, France; telephone +33 5 61 93 36 

96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Operations office between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; telephone 425–227–1138; 

fax 425–227–1149. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2013–0632; Directorate Identifier 

2013–NM–045–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD based on those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2013–0033, 

dated February 19, 2013 (referred to 

after this the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

[Subsequent to accidents involving fuel 

tank system explosions in flight and on 

ground], the FAA published Special Federal 

Aviation Regulation (SFAR) 88, and the Joint 

Aviation Authorities (JAA) published Interim 

Policy INT/POL/25/12. 

In response to these regulations, a global 

design review conducted by Airbus on the 

A330 and A340 type design Section 19, 

which is a flammable fluid leakage zone and 

a zone adjacent to a fuel tank, highlighted 

potential deviations. The specific identified 

cases were that drainage is inefficient in 

flight on A340–500/–600 aeroplanes, 

maintenance lights are not qualified 

explosion proof, and hot surfaces may exist 

on bleed system during normal/failure 

operations. 

This condition, if not corrected, in 

combination with a fuel leak generating 

flammable vapours in the area, could result 

in a fuel tank explosion and consequent loss 

of the aeroplane. 

For the reasons described above, this 

[EASA] AD requires removal of bulb type 

maintenance lights for all aeroplanes, 

installation of the drain mast between Frame 

(FR) 80 and FR83 for A340–500/–600, and 

installation of muffs on connecting bleed 

elements to minimize hot surfaces on A330 

and A340–200/–300. 

You may obtain further information by 

examining the MCAI in the AD docket. 

The FAA has examined the 

underlying safety issues involved in fuel 

tank explosions on several large 


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transport airplanes, including the 

adequacy of existing regulations, the 

service history of airplanes subject to 

those regulations, and existing 

maintenance practices for fuel tank 

systems. As a result of those findings, 

we issued a regulation titled ‘‘Transport 

Airplane Fuel Tank System Design 

Review, Flammability Reduction and 

Maintenance and Inspection 

Requirements’’ (66 FR 23086, May 7, 

2001). In addition to new airworthiness 

standards for transport airplanes and 

new maintenance requirements, this 

rule included Special Federal Aviation 

Regulation No. 88 (‘‘SFAR 88,’’ 

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

Among other actions, SFAR 88 (66 FR 

23086, May 7, 2001) requires certain 

type design (i.e., type certificate (TC) 

and supplemental type certificate (STC)) 

holders to substantiate that their fuel 

tank systems can prevent ignition 

sources in the fuel tanks. This 

requirement applies to type design 

holders for large turbine-powered 

transport airplanes and for subsequent 

modifications to those airplanes. It 

requires them to perform design reviews 

and to develop design changes and 

maintenance procedures if their designs 

do not meet the new fuel tank safety 

standards. As explained in the preamble 

to the rule, we intended to adopt 

airworthiness directives to mandate any 

changes found necessary to address 

unsafe conditions identified as a result 

of these reviews. 

In evaluating these design reviews, we 

have established four criteria intended 

to define the unsafe conditions 

associated with fuel tank systems that 

require corrective actions. The 

percentage of operating time during 

which fuel tanks are exposed to 

flammable conditions is one of these 

criteria. The other three criteria address 

the failure types under evaluation: 

Single failures, single failures in 

combination with a latent condition(s), 

and in-service failure experience. For all 

four criteria, the evaluations included 

consideration of previous actions taken 

that may mitigate the need for further 

action. 

The Joint Aviation Authorities (JAA) 

has issued a regulation that is similar to 

SFAR 88 (66 FR 23086, May 7, 2001). 

(The JAA is an associated body of the 

European Civil Aviation Conference 

(ECAC) representing the civil aviation 

regulatory authorities of a number of 

European States who have agreed to cooperate in developing and 

implementing common safety regulatory 

standards and procedures.) Under this 

regulation, the JAA stated that all 

members of the ECAC that hold type 

certificates for transport category 

airplanes are required to conduct a 

design review against explosion risks. 

We have determined that the actions 

identified in this AD are necessary to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination 

with flammable fuel vapors, could result 

in fuel tank explosions and consequent 

loss of the airplane. 

Relevant Service Information 

Airbus has issued the following 

service bulletins. The actions described 

in this service information are intended 

to correct the unsafe condition 

identified in the MCAI. 

• Airbus Mandatory Service Bulletin 

A330–33–3041, Revision 01, dated July 

10, 2012. 

• Airbus Mandatory Service Bulletin 

A330–36–3040, Revision 01, dated 

November 26, 2012. 

• Airbus Mandatory Service Bulletin 

A340–33–4026, Revision 01, dated July 

10, 2012. 

• Airbus Mandatory Service Bulletin 

A340–33–5006, dated January 3, 2012. 

• Airbus Mandatory Service Bulletin 

A340–36–4035, dated September 18, 

2012. 

• Airbus Mandatory Service Bulletin 

A340–53–5031, Revision 02, dated 

August 3, 2011. 

• Airbus Service Bulletin A330–36– 

3037, Revision 01, dated January 24, 

2013. 

• Airbus Service Bulletin A330–36– 

3038, dated January 16, 2012. 

• Airbus Service Bulletin A340–36– 

4033, Revision 01, dated January 28, 

2013. 

FAA’s Determination and Requirements 

of This Proposed AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI and service information 

referenced above. We are proposing this 

AD because we evaluated all pertinent 

information and determined an unsafe 

condition exists and is likely to exist or 

develop on other products of the same 

type design. 

Costs of Compliance 

We estimate that this proposed AD 

affects 43 airplanes of U.S. registry. 

We estimate the following costs to 

comply with this proposed AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per product Cost on U.S. 

operators 

Installation .................. Up to 21 work-hours × $85 per hour = 

$1,785.

Up to $5,219 .............. Up to $7,004 .............. Up to $301,172. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this proposed AD 

would not have federalism implications 

under Executive Order 13132. This 

proposed AD would not have a 

substantial direct effect on the States, on 

the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify this proposed regulation: 


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1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

We prepared a regulatory evaluation 

of the estimated costs to comply with 

this proposed AD and placed it in the 

AD docket. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Proposed Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA proposes to amend 14 CFR part 

39 as follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new AD: 

Airbus: Docket No. FAA–2013–0632; 

Directorate Identifier 2013–NM–045–AD. 

(a) Comments Due Date 

We must receive comments by September 

16, 2013. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to the Airbus airplanes, 

certificated in any category, specified in 

paragraphs (c)(1) and (c)(2) of this AD, all 

manufacturer serial numbers. 

(1) Airbus Model A330–201, –202, –203, 

–223, –243, –301, –302, –303, –321, –322, 

–323, –341, –342, and –343 airplanes. 

(2) Airbus Model A340–211, –212, –213, 

–311, –312, –313, –541, and –642 airplanes. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 26, Fire protection; 33, Lights; 

36, Pneumatic; 53, Fuselage. 

(e) Reason 

This AD results from fuel system reviews 

conducted by the airplane manufacturer. We 

are issuing this AD to prevent ignition 

sources inside fuel tanks, which, in 

combination with flammable fuel vapors, 

could result in fuel tank explosions and 

consequent loss of the airplane. 

(f) Compliance 

You are responsible for having the actions 

required by this AD performed within the 

compliance times specified, unless the 

actions have already been done. 

(g) Maintenance Light Removal 

Except airplanes on which Airbus 

Modification 56739 has been incorporated in 

production: Within 26 months after the 

effective date of this AD, remove the 

maintenance lights, in accordance with the 

Accomplishment Instructions of the 

applicable Airbus service information 

specified in paragraphs (g)(1), (g)(2), and 

(g)(3) of this AD. 

(1) Airbus Mandatory Service Bulletin 

A330–33–3041, Revision 01, dated July 10, 

2012 (for Model A330 series airplanes). 

(2) Airbus Mandatory Service Bulletin 

A340–33–4026, Revision 01, dated July 10, 

2012 (for Model A340–200 and –300 series 

airplanes). 

(3) Airbus Mandatory Service Bulletin 

A340–33–5006, dated January 3, 2012 (for 

Model A340–500 and –600 series airplanes). 

Note to paragraph (g) of this AD: For Model 

A340–500 and –600 series airplanes, Airbus 

has issued Airbus Service Bulletin A340–33– 

5007 to introduce halogen type lights which 

are qualified as explosion proof and that can 

be installed (at operators discretion) after 

removal of the non-explosion proof lights 

required by paragraph (g) of this AD. 

(h) Insulation Muff Installation 

For Model A330–200 and –300 series 

airplanes, and Model A340–200 and –300 

series airplanes, except those airplanes on 

which Airbus Modification 52260 has been 

incorporated in production: Within 26 

months after the effective date of this AD, 

install insulation muffs on connecting 

auxiliary power unit bleed air duct, in 

accordance with the Accomplishment 

Instructions of the applicable Airbus service 

information specified in paragraphs (h)(1), 

(h)(2), and (h)(3) of this AD. 

(1) Airbus Service Bulletin A330–36–3038, 

dated January 16, 2012, for Model A330 

series airplanes on which Airbus Service 

Bulletin A330–36–3032 has been 

incorporated. 

(2) Airbus Mandatory Service Bulletin 

A330–36–3040, Revision 01, dated November 

26, 2012, for Model A330 series airplanes on 

which Airbus Service Bulletin A330–36– 

3032 has not been incorporated. 

(3) Airbus Mandatory Service Bulletin 

A340–36–4035, dated September 18, 2012, 

for Model A340 series airplanes. 

(i) Alternative Action to Paragraph (h) of 

This AD 

For Model A330 series airplanes on which 

Airbus service information A330–36–3032 is 

not incorporated, and for Model A340 series 

airplanes: Doing the bleed leak detection 

loop modification of the auxiliary power unit 

(APU), in accordance with the 

Accomplishment Instructions of the 

applicable Airbus Service Bulletin specified 

in paragraphs (i)(1) and (i)(2) of this AD, is 

an acceptable alternative to the actions 

required by paragraph (h) of this AD, 

provided the modification is accomplished 

within 26 months after the effective date of 

this AD. 

(1) Airbus Service Bulletin A330–36–3037, 

Revision 01, dated January 24, 2013. 

(2) Airbus Service Bulletin A340–36–4033, 

Revision 01, dated January 28, 2013. 

(j) Drain Mast Installation 

For Model A340–500 and –600 series 

airplanes, except those on which Airbus 

Modification 54636 or 54637 has been 

incorporated in production: Within 26 

months after the effective date of this AD, 

install a drain mast between frame (FR) 80 

and FR 83, in accordance with the 

Accomplishment Instructions of Airbus 

Mandatory Service Bulletin A340–53–5031, 

Revision 02, dated August 3, 2011. 

(k) Credit for Previous Actions 

(1) This paragraph provides credit for 

actions required by paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Airbus 

Mandatory Service Bulletin A330–33–3041, 

dated January 3, 2012; or Airbus Mandatory 

Service Bulletin A340–33–4026, dated 

January 3, 2012; as applicable; which are not 

incorporated by reference in this AD. 

(2) This paragraph provides credit for 

actions required by paragraph (h) of this AD, 

if those actions were performed before the 

effective date of this AD using Airbus 

Mandatory Service Bulletin A330–36–3040, 

dated September 18, 2012, which is not 

incorporated by reference in this AD. 

(3) This paragraph provides credit for 

actions required by paragraph (i) of this AD, 

if those actions were performed before the 

effective date of this AD using Airbus Service 

Bulletin A330–36–3037, dated September 23, 

2011; or Airbus Service Bulletin A340–36– 

4033, dated September 23, 2011; as 

applicable; which are not incorporated by 

reference in this AD. 

(4) This paragraph provides credit for 

actions required by paragraph (j) of this AD, 

if those actions were performed before the 

effective date of this AD using Airbus Service 

Bulletin A340–53–5031, dated July 31, 2006; 

or Airbus Service Bulletin A340–53–5031, 

Revision 01, dated January 10, 2008; as 

applicable; which are not incorporated by 

reference in this AD. 

(l) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1138; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. Before using 

any approved AMOC, notify your appropriate 


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principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(2) Airworthy Product: For any requirement 

in this AD to obtain corrective actions from 

a manufacturer or other source, use these 

actions if they are FAA-approved. Corrective 

actions are considered FAA-approved if they 

are approved by the State of Design Authority 

(or their delegated agent). You are required 

to assure the product is airworthy before it 

is returned to service. 

(m) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Directive (MCAI) European 

Aviation Safety Agency Airworthiness 

Directive 2013–0033, dated February 19, 

2013, for related information. 

(2) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. You may 

review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

WA. For information on the availability of 

this material at the FAA, call 425–227–1221. 

Issued in Renton, Washington, on July 21, 

2013. 

Stephen P. Boyd, 

Acting Manager, Transport Airplane 

Directorate, Aircraft Certification Service. 

[FR Doc. 2013–18391 Filed 7–30–13; 8:45 am] 

BILLING CODE 4910–13–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA 2013–0011] 

Rules of Administrative Finality 

AGENCY: Social Security Administration 

(SSA) 

ACTION: Notice and request for 

comments. 

SUMMARY: We are requesting information 

from the public regarding whether and 

how we should change our rules of 

administrative finality. These rules 

govern when we can reopen and revise 

a determination or decision that has 

become final and is no longer subject to 

administrative or judicial review. We 

are requesting information about several 

possible ways to change various aspects 

of our administrative finality rules. We 

are interested in obtaining information 

about issues such as whether and how 

we should revise the rules that govern 

the timeframes in which we can reopen 

a determination or decision, and 

whether and how we should revise the 

rules that govern the diligent pursuit of 

an investigation. We are also interested 

in obtaining information about whether 

we should adopt rules that would 

address our ability to make prospective 

changes to the amount of an 

individual’s benefits without making 

changes for months in which the 

individual has already received 

payment. We are requesting your 

comments on several questions that we 

address below. 

DATES: To ensure that your comments 

are considered, we must receive them 

no later than September 30, 2013. 

ADDRESSES: You may submit written 

comments by any one of three 

methods—Internet, fax or mail. Do not 

submit the same comments multiple 

times, or by more than one method. 

Regardless of which method you 

choose, please state that your comments 

refer to Docket No. SSA–2013–0011, so 

that we may associate your comments 

with the correct activity. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information, such as Social 

Security numbers or medical 

information. 

• Internet: We strongly recommend 

this method for submitting your 

comments. Visit the Federal 

eRulemaking portal at http:// 

www.regulations.gov. Use the Search 

function of the Web page to find docket 

number SSA–2013–0011, and then 

submit your comment. Once you submit 

your comment, the system will issue 

you a tracking number to confirm your 

submission. You will not be able to 

view your comment immediately as we 

must manually post each comment. It 

may take up to a week for your 

comment to be viewable. 

• Fax: Fax comments to (410) 966– 

2830. 

• Mail: Mail your comments to the 

Office of Regulations and Reports 

Clearance, Social Security 

Administration, 107 Altmeyer Building, 

6401 Security Boulevard, Baltimore, 

Maryland 21235–6401. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at http://www.regulations.gov, or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Zeenat Kolia, Office of Income Security 

Programs, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, Maryland 21235– 

6401, 410–965–8629. 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: 

Background 

An initial determination is a 

determination we make that is subject to 

administrative and judicial review. 

Generally, an initial determination 

resolves the legal or factual issues 

affecting your entitlement or eligibility 

as provided by the Social Security Act 

(Act). Some examples of initial 

determinations are determinations about 

your entitlement to benefits, the benefit 

amount you receive, the termination of 

your benefits, and any overpayments or 

underpayments that may occur. Initial 

determinations are final and binding 

unless you request an appeal within the 

appropriate timeframe or we reopen and 

revise the initial determination under 

our rules of administrative finality. 

The rules of administrative finality 

govern whether we may reopen and 

revise determinations or decisions that 

are no longer subject to administrative 

and judicial review. The administrative 

finality rules that allow us to reopen 

and revise determinations or decisions 

only in specific situations and within 

specific timeframes were first put in 

place to help ensure that individuals 

could rely on the determinations and 

decisions we made in their claims. 

Current Rules for Reopening 

Our rules of administrative finality 

are located at 20 CFR 404.987–404.996 

for title II claims and at 20 CFR 

416.1487–416.1494 for title XVI claims. 

Some of the timeframes for reopening 

are different for title II and title XVI. 

Currently, for title II claims, we may 

reopen a determination or decision: 

• Within 12 months of the date of the 

notice of the initial determination for 

any reason; 

• Within 4 years of the date of the 

notice of the initial determination if we 

find good cause to reopen the 

determination or decision; or 

• At any time in certain situations, 

such as when fraud or similar fault is 

involved. 

For title XVI claims, we may reopen 

a determination or decision: 

• Within 12 months of the date of the 

notice of the initial determination for 

any reason; 

• Within 2 years of the date of the 

notice of the initial determination if we 

find good cause to reopen the 

determination or decision; or 

• At any time only if fraud or similar 

fault is involved. 


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