61594 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

Topeka, KS, Philip Billard Muni, RNAV 

(GPS) RWY 18, Orig-A 

Topeka, KS, Philip Billard Muni, RNAV 

(GPS) RWY 36, Orig-A 

Topeka, KS, Philip Billard Muni, RNAV 

(GPS) RWY 4, Orig-A 

Norton, KS, Norton Muni, RNAV (GPS) RWY 

16, Orig-A 

Wichita, KS, Cessna Aircraft Field, RNAV 

(GPS)–D, Orig-A 

Beverly, MA, Beverly Muni, VOR RWY 16, 

Amdt 5

Beverly, MA, Beverly Muni, LOC RWY 16, 

Amdt 6

Beverly, MA, Beverly Muni, NDB–A, Amdt 

13

Beverly, MA, Beverly Muni, RNAV (GPS) 

RWY 16, Orig 

Beverly, MA, Beverly Muni, GPS RWY 16, 

Orig-A, CANCELLED 

Frederick, MD, Frederick Muni, ILS OR LOC 

RWY 23, Amdt 5

Ocean City, MD, Ocean City Muni, RNAV 

(GPS) RWY 14, Orig-C 

Portland, ME, Portland Intl Jetport, NDB 

RWY 11, Amdt 16

Portland, ME, Portland Intl Jetport, ILS OR 

LOC RWY 11, Amdt 1

Portland, ME, Portland Intl Jetport, RNAV 

(GPS) RWY 11, Amdt 1

Broken Bow, NE, Broken Bow Muni, RNAV 

(GPS) RWY 32, Orig 

Broken Bow, NE, Broken Bow Muni, VOR/

DME RWY 32, Orig 

Wayne, NE, Wayne Muni, RNAV (GPS) RWY 

22, Orig 

Wayne, NE, Wayne Muni, NDB RWY 17, Orig 

Wayne, NE, Wayne Muni, NDB RWY 22, Orig 

Wayne, NE, Wayne Muni, NDB RWY 35, Orig 

Gallup, NM, Gallup Muni, RNAV (GPS) RWY 

6, Orig 

Gallup, NM, Gallup Muni, RNAV (GPS) RWY 

24, Orig 

Gallup, NM, Gallup Muni, GPS RWY 6, OrigA, CANCELLED 

Gallup, NM, Gallup Muni, GPS RWY 24, 

Orig-A, CANCELLED 

Ely, NV, Ely Airport-Yelland Field, RNAV 

(GPS) RWY 18, Orig-B 

Olean, NY, Cattaraugus County-Olean, RNAV 

(GPS) RWY 4, Orig 

Olean, NY, Cattaraugus County-Olean, RNAV 

(GPS) RWY 22, Orig 

Olean, NY, Cattaraugus County-Olean, LOC 

RWY 22, Amdt 5B 

Olean, NY, Cattaraugus County-Olean, GPS 

RWY 4, Orig-A, CANCELLED 

Olean, NY, Cattaraugus County-Olean, GPS 

RWY 22, Orig-A, CANCELLED 

Olean, NY, Cattaraugus County-Olean, VOR/

DME RNAV RWY 22, AMDT 4B, 

CANCELLED 

Potsdam, NY, Potsdam Muni (Damon Field), 

NDB RWY 24, Amdt 4

Potsdam, NY, Potsdam Muni (Damon Field), 

NDB OR GPS RWY 24, Amdt 3A, 

CANCELLED 

Potsdam, NY, Potsdam Muni (Damon Field), 

RNAV (GPS) RWY 24, Orig 

Rochester, NY, Greater Rochester Intl, ILS OR 

LOC RWY 22, Amdt 6

Seneca Falls, NY, Finger Lakes Regional, 

RNAV (GPS) RWY 1, Amdt 2

Syracuse, NY, Syracuse Hancock Intl, ILS 

RWY 28, Amdt 33A 

Syracuse, NY, Syracuse Hancock Intl, RNAV 

(GPS) RWY 28, Orig-A 

Medford, OK, Medford Muni, RNAV (GPS) 

RWY 35, Orig-A 

Clarion, PA, Clarion County, VOR–A, Amdt 

2

Clarion, PA, Clarion County, RNAV (GPS) 

RWY 6, Orig 

Clarion, PA, Clarion County, RNAV (GPS) 

RWY 24, Orig 

Clarion, PA, Clarion County, VOR/DME 

RNAV OR GPS RWY 6, Orig-B, 

CANCELLED 

Clarion, PA, Clarion County, VOR/DME 

RNAV OR GPS RWY 24, Orig-A, 

CANCELLED 

Doylestown, PA, Doylestown, VOR RWY 23, 

Amdt 7

Doylestown, PA, Doylestown, RNAV (GPS) 

RWY 23, Orig 

Rutland, VT, Rutland State, LOC Z RWY 19, 

Amdt 1

Rutland, VT, Rutland State, RNAV (GPS) 

RWY 19, Orig 

Rutland, VT, Rutland State, GPS RWY 19, 

Amdt 2B, CANCELLED 

Seattle, WA, Boeing Field/King County Intl, 

RNAV (GPS) RWY 13R, Orig 

Walla Walla, WA, Walla Walla Regional, 

RNAV (GPS) RWY 2, Orig 

Walla Walla, WA, Walla Walla Regional, GPS 

RWY 2, Orig-A, CANCELLED 

* * *Effective December 23, 2004

Frankfort, IN, Frankfort Muni, RNAV (GPS) 

RWY 27, Orig-A 

Greencastle, IN, Putnam County, RNAV 

(GPS) RWY 36, Orig-A 

Marion, IN, Marion Muni, ILS OR LOC RWY 

4, Amdt 7A 

Hibbing, MN, Chisholm-Hibbing, VOR RWY 

13, Amdt 13

[FR Doc. 04–23374 Filed 10–19–04; 8:45 am] 

BILLING CODE 4910–13–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Regulation Nos. 4 and 16] 

RIN 0960–AF92

Administrative Review Process; 

Incorporation-by-Reference of Oral 

Findings of Fact and Rationale in 

Wholly Favorable Written Decisions

AGENCY: Social Security Administration 

(SSA).

ACTION: Final rules with request for 

comments. 

SUMMARY: We are revising our 

regulations to provide an alternative 

procedure that an Administrative Law 

Judge (ALJ) may use, in certain 

situations, to satisfy the existing 

requirement for issuing a written 

decision that gives the findings of fact 

and the reasons for the decision. If an 

ALJ enters a wholly favorable, oral 

decision into the record of a hearing, the 

ALJ, in certain situations, may fulfill the 

existing requirement for issuing a 

written decision that gives the findings 

and the reasons for the decision by 

issuing a written decision that 

incorporates by reference the findings of 

fact and the reasons stated orally at the 

hearing. Under the regulations as 

revised, this incorporation-by-reference 

procedure may not be used if the ALJ 

determines that the oral findings and 

reasons should be changed in the 

written decision. Where the ALJ 

determines that a change is required, the 

ALJ must issue a written decision that 

sets forth the findings of fact and the 

reasons for the decision under the 

existing procedure, without relying on 

the incorporation-by-reference 

procedure.

DATES: These rules are effective October 

20, 2004. To be sure your comments are 

considered, we must receive them no 

later than December 20, 2004.

ADDRESSES: You may give us your 

comments by: using our Internet site 

facility (i.e., Social Security Online) at 

http://policy.ssa.gov/pnpublic.nsf/

LawsRegs or the Federal eRulemaking 

Portal at http://www.regulations.gov; email to regulations@ssa.gov; telefax to 

(410) 966–2830; or letter to the 

Commissioner of Social Security, P.O. 

Box 17703, Baltimore, MD 21235–7703. 

You may also deliver them to the Office 

of Regulations, Social Security 

Administration, 100 Altmeyer Building, 

6401 Security Boulevard, Baltimore, MD 

21235–6401 between 8 a.m. and 4:30 

p.m. on regular business days. 

Comments are posted on our Internet 

site, or you may inspect them on regular 

business days by making arrangements 

with the contact person shown in this 

preamble. 

Electronic Version: The electronic file 

of this document is available on the date 

of publication in the Federal Register

on the Internet site for the Government 

Printing Office, http://

www.gpoaccess.gov/fr/index.html. It is 

also available on our Internet site 

facility at http://policy.ssa.gov/

pnpublic.nsf/LawsRegs.

FOR FURTHER INFORMATION CONTACT:

Robert J. Augustine, Social Insurance 

Specialist, Office of Regulations, 100 

Altmeyer Building, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–0020 or TTY 410–966–5609, 

for information about this notice. For 

information on eligibility or filing for 

benefits, call our national toll-free 

number, 1–800–772–1213 or TTY 1–

800–325–0778, or visit our Internet site, 

Social Security Online, at http://

www.socialsecurity.gov.

SUPPLEMENTARY INFORMATION:

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 61595

Background 

We decide claims for Social Security 

benefits under title II of the Social 

Security Act (the Act) and for 

Supplemental Security Income (SSI) 

benefits under title XVI of the Act in an 

administrative review process that 

generally consists of four steps. 

Generally, individuals who are not 

satisfied with our initial determination 

may request reconsideration. 

Individuals who are not satisfied with 

our reconsidered determination may 

request a hearing, which is held by an 

ALJ in the Office of Hearings and 

Appeals (OHA). Individuals who are not 

satisfied with an ALJ’s decision may 

request review by our Appeals Council. 

Individuals who have completed these 

steps and are not satisfied with our final 

decision may request judicial review of 

the decision in the Federal courts. 

On September 25, 2003, at a hearing 

before the House Ways and Means 

Subcommittee on Social Security, we 

outlined a long-term approach for 

achieving improvements in the overall 

disability determination process, 

especially for the purpose of reducing 

the time required to process disability 

claims. (A description of the approach 

is available at http://mwww.ba.ssa.gov/

pressoffice/pr/DDPImprovementpr.htm.) 

To improve the process in the interim, 

we have implemented a number of 

initiatives that could be undertaken in 

the short-term. At the ALJ hearing level, 

the short-term initiatives we have 

implemented include—

• Involving ALJs in early screening of 

claims to identify those claims in which 

a wholly favorable decision can be made 

on-the-record without a hearing; 

• Developing a new, electronically 

generated short-form format for use in 

wholly favorable decisions; 

• Allowing ALJs to announce at the 

hearing wholly favorable, oral decisions 

that are followed by written decisions; 

and

• Expanding the use of technology in 

OHA, including the use of video 

teleconferencing, speech recognition 

software, and digital recording of 

hearings. 

Our existing regulations generally 

give an ALJ broad discretion in 

determining how hearings are to be 

conducted and do not preclude the ALJ 

from entering a wholly favorable, oral 

decision into the record at the close of 

the hearing (see 20 CFR 404.929, 

404.944, 404.950, 416.1429, 416.1444, 

and 416.1450). When we implemented 

the oral decision initiative in 2002, we 

gave our ALJs discretion to issue oral 

decisions when they concluded, upon 

full inquiry into the issues at the 

hearing, that a wholly favorable 

decision should be issued. This 

initiative contemplated that following 

the hearing, the ALJ would create and 

issue a short-form written decision to 

fulfill the requirements of 20 CFR 

404.953 and 416.1453, which require 

issuance of a written decision that 

‘‘gives the findings of fact and the 

reasons for the decision.’’

To facilitate greater use of the oral 

decision procedure when its use is 

warranted, we are amending our 

regulations to authorize ALJs to issue 

wholly favorable, written decisions that 

incorporate by reference the findings of 

fact and reasons for the decisions that 

were orally stated by the ALJ at the 

hearing. Such written decisions will 

satisfy the existing regulatory 

requirement that an ALJ issue a written 

decision that ‘‘gives the findings of fact 

and the reasons for the decision.’’

Under these final rules with request 

for comments, the wholly favorable 

written decision issued subsequent to 

the hearing may incorporate the oral 

findings and rationale by reference only 

if the ALJ determines that it is not 

necessary to change the oral findings or 

rationale in any way. If the ALJ 

determines that the oral findings or 

rationale should be changed, the written 

decision may not incorporate the orally 

stated findings and rationale by 

reference. The ALJ must issue a written 

decision that sets forth the findings of 

fact and the reasons for the decision 

under the existing procedures. 

We believe that the changes made by 

these rules will facilitate use of the oral 

decision procedure by eliminating the 

duplicative work that is involved in 

ALJs repeating the oral findings and 

reasons in the written decision. We 

expect that these rules will increase the 

efficiency with which the oral decision 

procedure may be used and will reduce 

the time required to issue wholly 

favorable decisions. 

Explanation of Changes 

We are amending §§ 404.953 and 

416.1453 to provide that if an ALJ enters 

a wholly favorable, oral decision into 

the record of a hearing, the ALJ may 

fulfill the existing requirement for 

issuing a written decision that gives the 

findings of fact and the reasons for the 

decision by issuing a written decision 

that incorporates by reference the 

findings of fact and the reasons stated 

orally at the hearing. As noted above, 

the ALJ may use this procedure only if 

the ALJ does not determine that a 

change in the oral findings or reasons is 

required. 

These final rules specify that, where 

the ALJ determines that a change in the 

oral findings or reasons stated at the 

hearing is required, the ALJ must issue 

a written decision that sets forth the 

findings of fact and the reasons for the 

decision under our existing procedures 

for issuing written decisions. We are 

precluding use of the incorporation-byreference procedure in these instances 

because it could be confusing for 

claimants and for our personnel who 

must subsequently effectuate or review 

the ALJ’s decision. 

When the circumstances for using the 

incorporation-by-reference procedure 

are present, the ALJ is not required by 

these rules to rely on that procedure to 

give the findings of fact and the reasons 

for his or her decision. The ALJ retains 

the discretion in these circumstances to 

issue a decision in the short-form or 

full-length format. Our intent is to 

provide ALJs with a range of useful 

options for issuing wholly favorable 

decisions. Under these final rules, an 

ALJ who makes a wholly favorable oral 

decision at the hearing is required to 

include in the record, as an exhibit 

entered into the record at the hearing, a 

checksheet that sets forth key data, 

findings of fact, and narrative rationale 

for the decision. Preparation of the 

checksheet will aid the ALJ in 

determining if a wholly favorable 

decision is warranted. When the ALJ 

decides not to state an oral decision, the 

checksheet will constitute a working 

paper of the ALJ and will not be entered 

into the record. The checksheet will 

assist our staff in preparing a decision 

when an oral decision is stated but the 

incorporation-by-reference procedure is 

not used. The checksheet will also 

provide information needed by our 

personnel who implement or evaluate 

decisions that rely on the incorporationby-reference procedure. 

As revised by these final rules, 

§§ 404.953 and 416.1453 specify that the 

incorporation-by-reference procedure 

will be used only in categories of cases 

that we identify in advance as suitable 

for its use. To begin with, we plan to 

apply this procedure, which requires 

use of a specialized checksheet and 

changes in our notice procedures, only 

in initial adult disability claims under 

title II and title XVI of the Act 

(excluding disabled widow/widowers 

and disabled adult child cases under 

title II).

The revised regulations further 

specify that when we use the 

incorporation-by-reference procedure in 

a decision, we will provide the party or 

parties to the hearing a record of the oral 

decision upon written request. The 

parties will be advised of their right to 

61596 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

request a record of the oral decision in 

the notice of the decision. We may 

provide the record in the form of a 

typed transcript or a tape recording, a 

compact disc of a digital recording, or 

eventually an electronically propagated 

digital recording. We believe this 

procedure will help to ensure that the 

notice of decision is clear and easy to 

understand. 

In implementing these final rules, we 

will issue guidance instructing ALJs to 

explain to the parties, when announcing 

an oral decision, that the incorporationby-reference procedure will not be used 

if the ALJ determines that the oral 

findings and reasons for the decision 

require change or if the ALJ decides that 

the procedure should not be used for 

any other reason. The ALJ will also 

explain that if the incorporation-byreference procedure is not used, the 

written decision will set forth the 

findings of fact and the reasons for the 

decision in writing using our existing 

procedures and discuss any changes in 

the findings and reasons as stated at the 

hearing. The ALJ will further explain to 

the parties that they will be given an 

opportunity to comment on any possible 

changes that would make the written 

decision that is to be issued less than 

wholly favorable. 

Our implementing instructions will 

also provide that the written decision 

issued by an ALJ when the 

incorporation-by reference procedure is 

used shall be brief and shall be issued 

as an integral part of the notice of 

decision that we issue. Where the 

incorporation-by-reference procedure is 

used, the notice of decision will not 

attach a separate written decision (as all 

notices of decisions issued by ALJs 

currently do). 

Clarity of the Final Rules 

Executive Order 12866, as amended 

by Executive Order 13258, requires each 

agency to write all rules in plain 

language. In addition to your 

substantive comments on these rules, 

we invite your comments on how to 

make the rules easier to understand. For 

example: 

• Have we organized the material to 

suit your needs? 

• Are the requirements in the rules 

clearly stated? 

• Do the rules contain technical 

language or jargon that isn’t clear? 

• Would a different format (grouping 

and order of sections, use of headings, 

paragraphing) make the rules easier to 

understand?

• Would more (but shorter) sections 

be better? 

• What else could we do to make the 

rules easier to understand? 

• Could we improve clarity by adding 

tables, lists, or diagrams? 

Regulatory Procedures 

Pursuant to section 702(a)(5)of the 

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

we follow the Administrative Procedure 

Act (APA) rulemaking procedures 

specified in 5 U.S.C. 553 in the 

development of our regulations. The 

APA provides exceptions to its notice 

and public comment procedures when 

an agency finds that 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 

comment procedures in this case. Good 

cause exists because these rules only 

modify the procedures we use to issue 

wholly favorable decisions and do not 

change the substantive requirements 

that such decisions must satisfy. 

Therefore, we find that prior public 

comment on these rules is unnecessary. 

We are issuing these rules as final 

rules with a request for comments 

because we are interested in receiving 

public comments on the substance of 

these rules. We will make any changes 

in the rules that we determine are 

warranted by the comments we receive, 

and will issue revised rules if necessary. 

We also wish to consider the public 

comments on these rules in further 

assessing and developing our approach 

to making long-term changes to the 

disability claim process. 

In addition, we find good cause for 

dispensing with the 30-day delay in the 

effective date of a substantive rule, as 

provided for by 5 U.S.C. 553(d). 

Considering the average processing 

times that individuals pursuing appeals 

of disability claims currently face, we 

find that it is in the public interest to 

make these rules effective upon 

publication. 

Executive Order 12866, as Amended by 

Executive Order 13258

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that these final rules with 

request for comments meet the criteria 

for a significant regulatory action under 

Executive Order 12866, as amended by 

Executive Order 13258. Thus, they were 

reviewed by OMB. 

Regulatory Flexibility Act 

We certify that these rules will not 

have a significant economic impact on 

a substantial number of small entities as 

they affect individuals only. Therefore, 

a regulatory flexibility analysis as 

provided in the Regulatory Flexibility 

Act, as amended, is not required. 

Paperwork Reduction Act 

These final rules with request for 

comments contain reporting 

requirements in §§ 404.953(a) and 

416.1453(a), as revised. We estimate that 

there will be 5,000 annual respondents, 

who will each make 1 request. We 

estimate that it will take an average of 

5 minutes per request for an estimated 

annual burden of 417 hours. An 

Information Collection Request has been 

submitted to OMB for clearance. While 

these rules will be effective upon 

publication, these burdens will not be 

effective until cleared by OMB. We are 

soliciting comments on the burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility and clarity; and on ways 

to minimize the burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Comments 

should be submitted and/or faxed to the 

OMB desk officer for SSA within 30 

days of publication of this final rule at 

the following address/number: Office of 

Management and Budget, Attn: Desk 

Officer for SSA, Fax Number: 202–395–

6974. 

To receive a copy of the OMB 

clearance package, you may call the 

SSA Reports Clearance Officer on 410–

965–0454.

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.003, Social 

Security-Special Benefits for Persons Aged 72 

and Over; 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).

Dated: July 14, 2004. 

Jo Anne B. Barnhart, 

Commissioner of Social Security.

■ For the reasons set out in the preamble, 

subpart J of part 404 and subpart N of 

part 416 of chapter III of title 20 of the 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 61597

Code of Federal Regulations are 

amended as set forth below:

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950- )

■ 1. The authority citation for subpart J 

of part 404 continues to read as follows:

Authority: Secs. 201(j), 204(f), 205(a), (b), 

(d)–(h), and (j), 221, 225, and 702(a)(5) of the 

Social Security Act (42 U.S.C. 401(j), 404(f), 

405(a), (b), (d)–(h), and (j), 421, 425, and 

902(a)(5)); 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).

■ 2. Section 404.953 is amended by 

redesignating current paragraph (b) as 

paragraph (c) and adding a new 

paragraph (b), to read as follows:

§ 404.953 The decision of an 

administrative law judge.

* * * * *

(b) Wholly favorable oral decision 

entered into the record at the hearing.

The administrative law judge may enter 

a wholly favorable oral decision into the 

record of the hearing proceedings. If the 

administrative law judge enters a 

wholly favorable oral decision into the 

record of the hearing proceedings, the 

administrative law judge may issue a 

written decision that incorporates the 

oral decision by reference. The 

administrative law judge may use this 

procedure only in those categories of 

cases that we identify in advance. The 

administrative law judge may only use 

this procedure in those cases where the 

administrative law judge determines 

that no changes are required in the 

findings of fact or the reasons for the 

decision as stated at the hearing. If a 

wholly favorable decision is entered 

into the record at the hearing, the 

administrative law judge will also 

include in the record, as an exhibit 

entered into the record at the hearing, a 

document that sets forth the key data, 

findings of fact, and narrative rationale 

for the decision. If the decision 

incorporates by reference the findings 

and the reasons stated in an oral 

decision at the hearing, the parties shall 

also be provided, upon written request, 

a record of the oral decision.

* * * * *

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND AND DISABLED

■ 3. The authority citation for subpart N 

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1631, and 1633 

of the Social Security Act (42 U.S.C. 

902(a)(5), 1383, and 1383b).

■ 4. Section 416.1453 is amended by 

redesignating current paragraphs (b) and 

(c) as paragraphs (c) and (d) respectively 

and adding a new paragraph (b), to read 

as follows:

§ 416.1453 The decision of an 

administrative law judge.

* * * * *

(b) Wholly favorable oral decision 

entered into the record at the hearing.

The administrative law judge may enter 

a wholly favorable oral decision into the 

record of the hearing proceedings. If the 

administrative law judge enters a 

wholly favorable oral decision into the 

record of the hearing proceedings, the 

administrative law judge may issue a 

written decision that incorporates the 

oral decision by reference. The 

administrative law judge may use this 

procedure only in those categories of 

cases that we identify in advance. The 

administrative law judge may only use 

this procedure in those cases where the 

administrative law judge determines 

that no changes are required in the 

findings of fact or the reasons for the 

decision as stated at the hearing. If a 

wholly favorable decision is entered 

into the record at the hearing, the 

administrative law judge will also 

include in the record, as an exhibit 

entered into the record at the hearing, a 

document that sets forth the key data, 

findings of fact, and narrative rationale 

for the decision. If the decision 

incorporates by reference the findings 

and the reasons stated in an oral 

decision at the hearing, the parties shall 

also be provided, upon written request, 

a record of the oral decision.

* * * * *

[FR Doc. 04–23357 Filed 10–19–04; 8:45 am] 

BILLING CODE 4191–02–P

DEPARTMENT OF STATE

22 CFR Part 51

RIN 1400–ZA07

[Public Notice: 4862] 

Passport Procedures—Amendment to 

Passport Regulations; Correction

AGENCY: State Department.

ACTION: Interim rule; correction.

SUMMARY: The Department of State 

published a document in the Federal 

Register of October 13, 2004, concerning 

request for comments on the 

requirement that a statement of consent 

submitted in support of a minor’s 

application be notarized. The document 

contained incorrect dates.

FOR FURTHER INFORMATION CONTACT:

Gregory K.O. Davis, Office of Directives 

Management, Bureau of Administration, 

Department of State 202–312–9607; Fax 

202–312–9603. 

Correction 

In the Federal Register of October 13, 

2004, in FR Doc. 04–22937, on page 

60811, in the third column, correct the 

DATES caption to read:

DATES: The effective date is November 1, 

2004. The Department will accept 

comments from the public up to 

November 13, 2004.

Dated: October 14, 2004. 

Gregory K.O. Davis, 

Regulatory Coordinator, Department of State.

[FR Doc. 04–23469 Filed 10–19–04; 8:45 am] 

BILLING CODE 4710–24–P

DEPARTMENT OF DEFENSE

Department of the Navy 

32 CFR Part 706

Certifications and Exemptions Under 

the International Regulations for 

Preventing Collisions at Sea, 1972

AGENCY: Department of the Navy, DOD.

ACTION: Final rule.

SUMMARY: The Department of the Navy 

is amending its certifications and 

exemptions under the International 

Regulations for Preventing Collisions at 

Sea, 1972 (72 COLREGS), to reflect that 

the Deputy Assistant Judge Advocate 

General (Admiralty and Maritime Law) 

has determined that USS MOMSEN 

(DDG 92) is a vessel of the Navy which, 

due to its special construction and 

purpose, cannot fully comply with 

certain provisions of the 72 COLREGS 

without interfering with its special 

function as a naval ship. The intended 

effect of this rule is to warn mariners in 

waters where 72 COLREGS apply.

EFFECTIVE DATE: January 12, 2004.

FOR FURTHER INFORMATION CONTACT:

Commander Scott A. Kenney, JAGC, 

U.S. Navy, Deputy Assistant Judge 

Advocate General (Admiralty and 

Maritime Law), Office of the Judge 

Advocate General, Department of the 

Navy, 1322 Patterson Ave., SE., Suite 

3000, Washington Navy Yard, DC 

20374–5066, Telephone number: (202) 

685–5040.

SUPPLEMENTARY INFORMATION: Pursuant 

to the authority granted in 33 U.S.C. 

1605, the Department of the Navy 

amends 32 CFR Part 706. This 

amendment provides notice that the 

Deputy Assistant Judge Advocate