Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 48855 

98, Harmonized Tariff Schedule of the 

United States (19 U.S.C. 1202)’’; and 

■ h. Paragraph (f) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’. 

The revisions to § 148.33 read as 

follows: 

§ 148.33 Articles acquired abroad. 

(a) * * * 

(2) $800 in the case of a direct arrival 

from a beneficiary country, as defined in 

U.S. Note 4 to Chapter 98, Harmonized 

Tariff Schedule of the United States, 

whether or not the articles accompany 

the returning resident. Articles acquired 

elsewhere than in such beneficiary 

country that do not accompany the 

returning resident are not entitled to the 

duty exemption; or 

(3) $1,600 in the case of a direct or 

indirect arrival from American Samoa, 

Guam, the Commonwealth of the 

Northern Mariana Islands, or the Virgin 

Islands of the United States, whether or 

not the articles accompany the returning 

resident, not more than $800 of which 

may have been acquired elsewhere than 

in such locations. Articles acquired 

elsewhere than in such insular 

possessions that do not accompany the 

returning resident are not entitled to the 

duty exemption. 

■ 8. In § 148.34: 

■ a. Paragraph (a) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ wherever it appears and adding 

in each place the language, ‘‘$800 or 

$1,600’’, and by removing the word 

‘‘shall’’ where is appears and adding in 

each place the word ‘‘will’’; and 

■ b. The introductory text to paragraph 

(b) is amended by removing the words 

‘‘shall include’’ and adding in their 

place the word ‘‘includes’’. 

■ 9. In § 148.35: 

■ a. The heading text to paragraph (a) is 

revised to read, ‘‘Requirements for 

allowance of $800 or $1,600 

exemption.’’; 

■ b. Paragraph (a) is amended, in the 

first sentence, by removing the language 

‘‘$400, $600, or $1,200’’ and adding in 

its place the language ‘‘$800 or $1,600’’ 

and by removing the word ‘‘shall’’ and 

adding in its place the word ‘‘will’’ and, 

in the second sentence, by removing the 

reference to ‘‘$400’’ and adding in its 

place ‘‘$800’’. 

■ c. The heading text to paragraph (b) is 

revised to read, ‘‘Not required for 

allowance of $1,600 exemption on 

return from the Virgin Islands.’’; 

■ d. Paragraph (b) is amended by 

removing the reference to ‘‘$1,200’’ and 

adding in its place ‘‘$1,600’’; and 

■ e. Paragraph (c) is amended by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’. 

■ 10. In § 148.36: 

■ a. Paragraph (a) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ wherever it appears and adding 

in each place the language ‘‘$800 or 

$1,600’’, and by removing the word 

‘‘shall’’ wherever it appears and adding 

in each place the word ‘‘will’’; and 

■ b. Paragraph (b) is amended by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’, and by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language ‘‘$800 or $1,600’’. 

■ 11. In § 148.37: 

■ a. Paragraph (a) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’, by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’ and, in the 

last sentence, by removing the words 

‘‘Customs matters’’ and adding in their 

place the words ‘‘customs matters’’ and 

by removing the words ‘‘Customs 

supervision’’ and adding in their place 

the words ‘‘CBP supervision’’; 

■ b. Paragraph (b) is amended, in the 

first sentence, by removing the language 

‘‘$400, $600, or $1,200’’ and adding in 

its place the language, ‘‘$800 or $1,600’’, 

by removing the word ‘‘shall’’ and 

adding its place the word ‘‘must’’, and 

by removing the word ‘‘Customs’’ each 

place it appears and adding the term 

‘‘CBP’’; and, in the second sentence, by 

removing the word ‘‘shall’’ and adding 

in its place the word ‘‘will’’, and by 

removing the word ‘‘Customs’’ and 

adding in its place the term ‘‘CBP’’; and 

■ c. Paragraph (c) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ wherever it appears and adding 

in each place the language, ‘‘$800 or 

$1,600’’, by removing the word 

‘‘Customs’’ wherever it appears and 

adding in each place the term ‘‘CBP’’, 

and by removing the word ‘‘shall’’ 

wherever it appears and adding in each 

place the word ‘‘will’’. 

■ 12. Section 148.38 is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’. 

■ 13. In § 148.51: 

■ a. Paragraph (a)(2) is amended by 

removing the language ‘‘$400, $600, or 

$1,200’’ and adding in its place the 

language, ‘‘$800 or $1,600’’; and 

■ b. The introductory text to paragraph 

(b), and paragraph (b)(2), are amended 

by removing the word ‘‘shall’’ wherever 

it appears and adding in each place the 

word ‘‘will’’. 

■ 14. In § 148.113(a): the number 

‘‘$1,200’’ is removed and the number 

‘‘$1,600’’ is added in its place; the word 

‘‘shall’’ is removed wherever it appears 

and the word ‘‘must’’ is added in each 

place, and; the word ‘‘Customs’’ is 

removed wherever it appears and the 

term ‘‘CBP’’ is added in each place. 

Jayson P. Ahern, 

Acting Commissioner, U.S. Customs and 

Border Protection. 

Approved: September 21, 2009. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. E9–23158 Filed 9–24–09; 8:45 am] 

BILLING CODE 9111–14–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA–2008–0047] 

RIN 0960–AG62 

Payments to Beneficiaries Residing in 

Vietnam and Cambodia and Other 

Conforming Changes 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are revising our regulation 

to remove Vietnam and Democratic 

Kampuchea (now Cambodia) from the 

list of countries to which social security 

benefits may not be sent under 

restrictions imposed by the Department 

of the Treasury (Treasury). This revision 

reflects published Treasury regulations 

that removed the restrictions on sending 

Federal payments to beneficiaries living 

in those countries. In addition, we are 

updating the citation for Treasury’s 

authority to restrict payments to 

beneficiaries living in certain countries 

and correcting a typographical error in 

one of the section headings. 

DATES: This regulation is effective 

September 25, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Tothero, Social Insurance 

Specialist, Office of International 

Programs, 3700 Operations, Social 

Security Administration, 6401 Security 

Boulevard, Baltimore, Maryland 21235– 

6401, (410) 966–6975. 

For information on eligibility or filing 

for benefits, call our national toll-free 

number, 1–800–772–1213 or visit our 

Internet Web site, SSA Online, at 

http://www.ssa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
48856 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 

the Federal Register at http:// 

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

Background 

We cannot pay monthly title II 

benefits to any beneficiary for any 

month in which he or she resides in a 

country to which Treasury prohibits 

sending benefit checks. 31 U.S.C. 3329. 

Those countries are identified in the 

Treasury regulation which imposes the 

payment restriction as well as in a 

corresponding regulation promulgated 

by the Social Security Administration. 

31 CFR 211.1 and 20 CFR 404.460(c)(3). 

On August 12, 1996, Treasury published 

a final rule permitting delivery of 

Treasury checks to beneficiaries living 

in Vietnam. 61 FR 41739. Treasury 

published a similar final rule on 

December 10, 2001, permitting delivery 

of Treasury checks to beneficiaries 

living in Cambodia. 66 FR 63623. 

Since the enactment of those rules, we 

have provided payment to beneficiaries 

living in Vietnam and Cambodia. 

However, our regulations were not 

updated to reflect the changes in 

Treasury’s rules. We are removing 

Vietnam and Democratic Kampuchea 

from the list of countries subject to alien 

payment restrictions consistent with the 

change in policy implemented by 

Treasury. 20 CFR 404.460(c)(3). 

In addition, our current regulation 

contains an outdated citation for 

Treasury’s statutory authority to 

withhold payments to beneficiaries 

living in certain countries. We are 

revising § 404.460(b)(2)(ii), (c)(1), and 

(c)(2), to refer to the appropriate statute. 

Additionally, we are correcting a 

typographical error in the heading of 

§ 404.460. 

Regulatory Procedures 

We follow the Administrative 

Procedure Act (APA) rulemaking 

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

the development of our regulations. The 

Social Security Act, 702(a)(5); 42 U.S.C. 

902(a)(5). Generally, the APA requires 

that an agency provide prior notice and 

opportunity for public comment before 

issuing a final regulation. The APA 

provides exceptions to the notice and 

comment requirements when an agency 

finds there is good cause for dispensing 

with such procedures because they are 

impracticable, unnecessary, or contrary 

to the public interest. 

We are issuing this revised regulation 

as a final rule. We have determined that 

good cause exists for dispensing with 

the notice and public comment 

procedures. See 5 U.S.C. 553(b)(B). The 

revised regulation merely expands the 

list of countries to which we can send 

benefits checks, consistent with current 

Treasury regulations. We are not 

exercising any discretion. Further delay 

in revising our regulation could mislead 

the public and is, therefore, contrary to 

the public interest. 

In addition, for the reasons cited 

above, we also find good cause for 

dispensing with the 30-day delay in the 

effective date of this final rule. 5 U.S.C. 

553(d)(3). As the superseding Treasury 

rule change is already in effect, it is 

contrary to the public interest to delay 

the effective date of our conforming rule 

change. We therefore find it is in the 

public interest to make this change 

effective with the publication date of 

this final rule. 

Executive Order 12866 

The Office of Management and Budget 

(OMB) has reviewed this final rule in 

accordance with Executive Order 12866. 

We have also determined that this final 

rule meets the plain language 

requirements of the Executive Order. 

Regulatory Flexibility Act 

We certify that this regulation will not 

have a significant economic impact on 

a substantial number of small entities as 

it affects only individuals. Therefore, a 

regulatory flexibility analysis as 

provided in the Regulatory Flexibility 

Act, as amended, is not required. 

Paperwork Reduction Act 

This final regulation imposes no 

reporting or recordkeeping requirements 

requiring OMB clearance. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social Security— 

Disability Insurance; 96.002, Social 

Security—Retirement Insurance; 96.004, 

Social Security—Survivors Insurance) 

List of Subjects in 20 CFR Part 404 

Administrative practice and 

procedure, Blind, Disability benefits, 

Old-Age, Survivors and Disability 

Insurance, Reporting and recordkeeping 

requirements, Social Security. 

Dated: July 30, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons set forth in the 

preamble, we are amending subpart E of 

part 404 of Title 20 of the Code of 

Federal Regulations as follows: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart E—[Amended] 

■ 1. The authority citation for subpart E 

of part 404 continues to read as follows: 

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

205(a) and (c), 216(l), 222(c), 223(e), 224, 225, 

702(a)(5) and 1129A of the Social Security 

Act (42 U.S.C. 402, 403, 404(a) and (e), 405(a) 

and (c), 416(l), 422(c), 423(e), 424a, 425, 

902(a)(5), and 1320a–8a and 48 U.S.C. 1801. 

■ 2. In § 404.460, revise the section 

heading and paragraphs (b)(2)(ii), (c)(1), 

(c)(2) introductory text, and (c)(3) to 

read as follows: 

§ 404.460 Nonpayment of monthly benefits 

to aliens outside the United States. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) Except that, effective with July 

1968, § 404.460(b)(2)(i) does not apply 

if: 

(A) The beneficiary is a citizen of a 

country with a social insurance or 

pension system meeting the conditions 

described in paragraphs (b)(7)(i), (ii), 

and (iii) of this section but does not 

meet the condition described in 

paragraph (b)(7)(iv) of this section; or 

(B) The beneficiary is a citizen of a 

country with no social insurance or 

pension system of general application 

and at any time within 5 years before 

January 1968 (or the first month after 

December 1967 in which benefits are 

subject to suspension pursuant to 

paragraph (a) of this section) such 

beneficiary was residing in a country to 

which payments were withheld by the 

Treasury Department pursuant to Vol. II, 

31 U.S.C. 3329. See § 404.460(c). 

* * * * * 

(c) Nonpayment of monthly benefits 

to aliens residing in certain countries— 

(1) Benefits for months after June 1968. 

Notwithstanding the provisions of 

paragraphs (a) and (b) of this section, we 

cannot pay monthly benefits for any 

month after June 1968 to anyone not a 

citizen or national of the United States 

for any month while residing in a 

country to which payments are being 

withheld by the Treasury Department 

pursuant to Vol. II, 31 U.S.C. 3329. 

(2) Benefits for months before July 

1968. If a person who is not a United 

States citizen or national is entitled to 

receive benefits under title II of the 

Social Security Act, and was residing in 

a country where the Treasury 

Department withheld benefits on 

June 30, 1968 pursuant to Vol. II, 31 

U.S.C. 3329, benefits cannot be paid. 

However, if the Treasury Department 

subsequently removes that restriction, a 

person who is not a United States 

citizen or national may be able to be 

paid benefits to which they were 

entitled for months prior to July 1968. 

Benefits cannot be paid,— 

* * * * * 

(3) List of countries under Treasury 

Department alien payment restriction. 


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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Rules and Regulations 48857 

The Treasury Department is currently 

withholding payments to persons 

residing in the following countries 

pursuant to Vol. II, 31 U.S.C. 3329. We 

will publish future additions to or 

deletions from the list of countries in 

the Federal Register: Cuba, North Korea. 

* * * * * 

[FR Doc. E9–22883 Filed 9–24–09; 8:45 am] 

BILLING CODE 4191–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0368; FRL–8950–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Ohio; 

Clean Air Interstate Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a revision to 

the Ohio State Implementation Plan 

(SIP) that would address the 

requirements of EPA’s Clean Air 

Interstate Rule (CAIR). EPA previously 

approved an ‘‘abbreviated SIP’’ for Ohio, 

primarily consisting of rules governing 

allocation of allowances to electric 

generating units (EGUs) for use in the 

trading programs established pursuant 

to CAIR and providing for voluntary 

opt-in to these programs. The 

abbreviated SIP was implemented in 

conjunction with a Federal 

Implementation Plan (FIP) that specified 

requirements for emissions monitoring, 

permit provisions, and other elements of 

the CAIR programs. EPA is now 

approving the addition of non-EGUs to 

the CAIR Nitrogen Oxides (NOX) Ozone 

Season Trading Program, and EPA is 

issuing a ‘‘full SIP’’ approval under 

which the various CAIR implementation 

provisions would be governed by State 

rules rather than FIP rules. This 

rulemaking addresses rules Ohio 

submitted on July 15, 2009, and August 

13, 2009. This action also causes the 

CAIR Federal Implementation Plans 

(CAIR FIPs) concerning sulfur dioxides 

(SO2), NOX annual, and NOX ozone 

season emissions by Ohio sources to be 

automatically withdrawn. 

DATES: This direct final rule will be 

effective November 24, 2009, unless 

EPA receives adverse comments by 

October 26, 2009. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R05–OAR–2009–0368 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 692–2551. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2009– 

0368. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an e-mail 

comment directly to EPA without going 

through http://www.regulations.gov, 

your e-mail address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters and any 

form of encryption and should be free 

of any defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

and Radiation Division, U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, IL 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding Federal 

holidays. We recommend that you 

telephone John Summerhays, 

Environmental Scientist, at (312) 886– 

6067, before visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: John 

Summerhays, (312) 886–6067, or by 

e-mail at summerhays.john@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. What Action Is EPA Taking? 

II. What Is the Regulatory History of CAIR 

and the CAIR FIPs? 

III. What Are the General Requirements of 

CAIR and the CAIR FIPs? 

IV. What Are the Types of CAIR SIP 

Submittals? 

V. History of Ohio’s CAIR Submittals 

VI. Analysis of Ohio’s CAIR SIP Submittal 

A. Elements of Ohio’s Submittal 

B. State Budgets for Allowance Allocations 

C. CAIR Cap-and-Trade Programs 

D. Applicability Provisions 

E. NOX Allowance Allocations 

F. Allocation of NOX Allowances From 

Compliance Supplement Pool 

G. Individual Opt-In Units 

VII. Final Action 

VIII. Statutory and Executive Order Reviews 

I. What Action Is EPA Taking? 

EPA is approving a ‘‘full SIP’’ revision 

addressing CAIR in Ohio. In this action, 

EPA is approving the entire set of rules 

in Ohio Administrative Code (OAC) 

Chapter 3745–109, entitled ‘‘Clean Air 

Interstate Rule.’’ Ohio submitted these 

rules in two parts: A submittal dated 

July 15, 2009, provided rules that were 

to become effective July 16, 2009, and 

a submittal dated August 13, 2009, 

provided rules that had become 

effective on September 27, 2007. 

On February 1, 2008, at 73 FR 6034, 

EPA approved an ‘‘abbreviated SIP,’’ 

primarily consisting of rules governing 

allocation of NOX allowances to EGUs 

for use in the trading programs 

established pursuant to CAIR and rules 


CPrice-Sewell on DSKGBLS3C1PROD with RULES