Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 48381 

(A) Name of the money market fund 

and class; 

(B) SEC file number of the money 

market fund; 

(C) Net asset value per share used to 

effect shareholder transactions; 

(D) Most recent market-based net asset 

value (including the value of any capital 

support agreement); 

(E) Most recent market-based net asset 

value (excluding the value of any capital 

support agreement); 

(F) Date as of which the most recent 

market-based net asset value was 

calculated; 

(G) Total assets of the fund; 

(H) Total net assets of the fund; and 

(I) Number of shares outstanding; and 

(ii) With respect to each security held 

by the money market fund: 

(A) Name of the security; 

(B) CUSIP number (if any); 

(C) Principal amount; 

(D) Maturity date as determined under 

§ 270.2a–7; 

(E) Final maturity date, if different 

from the maturity date as determined 

under § 270.2a–7; 

(F) Categorization of the security’s 

status as a ‘‘First Tier Security,’’ 

‘‘Second Tier Security’’ or a security 

that is no longer an ‘‘Eligible Security’’ 

under § 270.2a–7; 

(G) The most recent market-based 

price (including the value of any capital 

support agreement), or appropriate 

substitute for such price, in which case 

the portfolio schedule or an exhibit to 

it must describe with reasonable 

specificity the appropriate substitute; 

(H) The most recent market-based 

price (excluding the value of any capital 

support agreement), or appropriate 

substitute for such price, in which case 

the portfolio schedule or an exhibit to 

it must describe with reasonable 

specificity the appropriate substitute; 

(I) The amortized cost value; and 

(J) In the case of a tax-exempt 

security, whether there is a demand 

feature, as defined in § 270.2a–7(a)(8). 

(c) Nonpublic information. 

Information provided to the 

Commission pursuant to this section 

shall be nonpublic to the extent 

permitted by law. 

(d) Expiration. This section will 

expire on September 17, 2010. 

By the Commission. 

Dated: September 18, 2009 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. E9–22900 Filed 9–18–09; 4:15 pm] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2008–0030] 

RIN 0960–AG82 

Authorization of Representative Fees 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are revising our rules to 

allow representatives, in certain 

instances, to charge and receive a fee 

from third-party entities without 

requiring our authorization. We are also 

eliminating the requirement that we 

authorize fees for legal guardians or 

court-appointed representatives who 

represent claimants before us if a court 

has already authorized the fees. We are 

revising our rules to reflect changes in 

representatives’ business practices and 

in the ways claimants obtain 

representation, and to improve the 

efficiency of our representative fee 

process. 

DATES: This final rule is effective on 

October 23, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Joann S. Anderson, Office of Income 

Security Programs, Social Security 

Administration, 6401 Security 

Boulevard, Baltimore, MD 21235–6401, 

(410) 965–6716. 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: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

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

Explanation of Changes 

Authority 

We may issue regulations to 

administer the Social Security Act (Act). 

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

1383(d)(1). We also have authority to 

issue regulations allowing attorneys and 

non-attorneys to represent claimants 

before us and to set the maximum fees 

for those services. 42 U.S.C. 406(a)(1) 

and 1383(d)(2). Based on this authority, 

we are revising our current regulations 

on fees paid to claimant representatives 

found in part 404 subpart R and part 

416 subpart O. 

Background 

Generally, representatives must obtain 

our authorization before charging or 

receiving a fee for representing 

claimants before us. 20 CFR 404.1720 

and 416.1520. We also prohibit 

representatives from charging or 

receiving fees that are more than the 

amount we authorize regardless of 

whether the fee is charged to, or 

received from, the claimants or someone 

else. 20 CFR 404.1720(b)(3) and 

416.1520(b)(3). However, if certain 

criteria are met, we do not need to 

authorize a fee if a nonprofit 

organization or a government agency 

pays the fee out of funds provided or 

administered by a government entity. 

Social Security Ruling (SSR) 85–3. 

Changes 

This final rule allows representatives, 

in certain cases, to be paid fees for 

representing claimants before us 

without requiring our authorization. 

The primary reason that we set 

maximum fees is to protect claimants 

and auxiliary beneficiaries. 

Nevertheless, when certain third parties 

are responsible for paying the 

representative for his or her services, 

there is no risk that the claimant or 

auxiliary beneficiaries will be charged 

an unreasonable fee. Third-party 

entities, such as insurance companies, 

often provide representation to 

claimants and pay the representatives’ 

fees at no cost to the claimants or 

auxiliary beneficiaries. We do not 

believe that we need to authorize fee 

arrangements between representatives 

and third-party entities if claimants and 

auxiliary beneficiaries are not 

responsible for paying fees or expenses 

directly or indirectly. 

Similarly, there is no reason to require 

legal guardians or court-appointed 

representatives to obtain our 

authorization for their fees if a court has 

already authorized the fees. In our 

experience, we have found courtauthorized fees reasonable. Before it 

authorizes a fee, a court considers an 

individual’s best interests when it 

reviews and approves a legal guardian’s 

or representative’s accounting. 

Therefore, when a court authorizes a 

fee, we do not need to duplicate the 

court’s analysis. 

In the notice of proposed rulemaking 

(NPRM) that we published on August 

26, 2008, we stated that we did not need 

to authorize fees if ‘‘a business entity 

independent of your representative’’ 

paid the fees. 73 FR 50260. However, we 

did not define that phrase in the NPRM. 

For clarity and in response to public 

comments, we are using only the term 

‘‘entity’’ and are defining ‘‘entity’’ to 

include ‘‘any business, firm, or other 

association, including but not limited to 

partnerships, corporations, for-profit 

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48382 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 

1This definition is identical to the definition of 

the term ‘‘entity’’ that we used in the proposed 

rules on ‘‘Revisions to Rules on Representation of 

Parties,’’ which we published on September 8, 

2008. 73 FR 51963. 

organizations, and not-for-profit 

organizations’’ in final sections 

404.1703 and 416.1503.1 We also 

expressly state that we do not need to 

authorize a fee if an ‘‘entity or a Federal, 

State, county, or city government agency 

uses its funds to pay the representative 

fees and expenses’’ and certain other 

criteria are met. We revised the language 

in final sections 404.1720(e)(1) and 

416.1520(e)(1) to reflect these changes. 

We are also clarifying the proposed 

definition of the phrase ‘‘legal guardian 

or court-appointed representative’’ in 

final sections 404.1703 and 416.1503. 

We define the phrase as ‘‘a courtappointed person, committee, or 

conservator who is lawfully responsible 

for taking care of and managing the 

property and rights of an individual 

who is considered incapable of 

managing his or her own affairs.’’ 

To ensure that we continue to protect 

claimants and auxiliary beneficiaries, 

we will waive the requirement that we 

review fee arrangements only when the 

following criteria are met: (1) The fees 

are paid by an entity or a Federal, State, 

county, or city government agency; (2) 

neither the claimant nor any auxiliary 

beneficiaries are liable for fees or 

expenses; and, (3) the representative 

waives the right to charge and collect a 

fee from the claimant or any auxiliary 

beneficiary. Final sections 404.1720(e) 

and 416.1520(e). As previously noted, 

we do not need to authorize the fee of 

a legal guardian or court-appointed 

representative when a court has already 

authorized the fee. Based on our 

experience, we believe that these 

criteria protect claimants and auxiliary 

beneficiaries from unreasonable 

representative fees. 

This change will allow us to better 

serve the public by freeing resources for 

other workloads. It should also give 

representatives more time to devote to 

claimants because they will not need to 

file fee petitions with us in these 

instances. 

We are making minor conforming 

changes to 20 CFR 404.1720(b)(3) and 

416.1520(b)(3). For clarity, we are 

making nonsubstantive changes to the 

paragraph headings we proposed in 

sections 20 CFR 404.1720(e) and 

416.1520(e), the language about 

auxiliary beneficiaries we proposed in 

20 CFR 404.1720(e)(1)(i) and (ii) and 

416.1520(e)(1)(ii), and the language 

about court authorization we proposed 

in 20 CFR 404.1720(e)(2) and 

416.1520(e)(2). We are also using the 

term ‘‘authorize’’ instead of ‘‘approve’’ 

in final sections 404.1720(b)(3) and 

416.1520(b)(3) for clarity and 

consistency with our other rules. We are 

also rescinding SSR 85–3 today in a 

separate notice in the Federal Register 

because we are codifying the policies 

from SSR 85–3 into this final rule. 

Public Comments 

We published an NPRM in the 

Federal Register on August 26, 2008, 

and we gave the public 60 days to 

comment. 73 FR 50260. We received 

five public comments, and we carefully 

considered all of them. Because some of 

the comment letters were quite detailed, 

we have condensed, summarized, and 

paraphrased them in our responses 

below. 

Comment: Two commenters wanted 

us to clarify what we meant by ‘‘a 

business entity independent of your 

representative’’ in proposed 20 CFR 

404.1720(e) and 416.1520(e). 

Response: We agree with these 

commenters that the proposed term was 

unclear, and we made two changes to 

the final rule. First, we now state that 

we do not need to authorize a fee if 

‘‘[a]n entity or a Federal, State, county, 

or city government agency pays from its 

funds the representative fees and 

expenses’’ and certain other conditions 

apply. Final sections 404.1720(e)(1) and 

416.1520(e)(1). Second, we added a 

definition for ‘‘entity’’ to final sections 

404.1703 and 416.1503. As noted 

earlier, we used the same definition in 

our proposed rules on ‘‘Revisions to 

Rules on Representation of Parties.’’ 73 

FR 51963. 

Comment: Some of the commenters 

asserted that representatives who are 

associated with an entity would have an 

inherent conflict of interest. They 

expressed concern that a representative 

would be incapable of advising and 

advocating for a claimant in certain 

situations when the advice would be 

against the interest of the entity paying 

the representative’s fee. One commenter 

asserted that we should not rely upon 

entities to protect claimants’ interests 

because of ‘‘multiple’’ lawsuits against 

long-term disability insurance carriers 

for bad faith or lack of compliance with 

their standards of conduct. 

Response: For many years, entities 

have employed or contracted with 

representatives to represent claimants 

before us. We have no evidence that 

these kinds of representatives advocate 

for their clients less effectively than 

other representatives, and we do not 

expect these representatives to act 

differently in the future. We hold all 

representatives to the same rules of 

conduct and standards of responsibility 

regardless of who pays their fees. For 

example, our current rules already 

require that representatives acting on 

behalf of a party faithfully execute their 

duties as agents and fiduciaries of that 

party. 20 CFR 404.1740(a) and 

416.1540(a). Our current rules also state 

that ‘‘[a] representative shall not 

knowingly charge, collect or retain, or 

make any arrangement to charge, collect 

or retain, from any source, directly or 

indirectly, any fee for representational 

services in violation of applicable law or 

regulation.’’ 20 CFR 404.1740(c)(2) and 

416.1540(c)(2). We will continue to 

expect representatives to adhere to our 

rules of conduct and standards of 

responsibility when they represent 

claimants before us, and we will 

continue to take appropriate action 

when they do not. 

Moreover, we proposed additional 

changes to strengthen our rules of 

conduct and standards of responsibility 

for representatives in our proposed rules 

on ‘‘Revisions to Rules on 

Representation of Parties.’’ We will rely 

upon our rules to protect claimants’ 

interests. We believe the changes we are 

making to our regulations will benefit 

claimants, representatives, and us. 

Comment: One commenter noted that 

language in the preamble of the NPRM 

was unclear as to whether a third-party 

could be an individual. 

Response: We resolved this issue by 

using the term ‘‘entities’’ and by 

defining that term to exclude 

individuals. We will still need to 

authorize any representative’s fee paid 

by a third-party individual. 

We distinguish between fees paid by 

an entity and those paid by an 

individual to provide additional 

safeguards to claimants and auxiliary 

beneficiaries. We believe that allowing 

individuals, such as relatives or friends 

of a claimant, to pay representative fees 

without our prior authorization would 

make it easier to circumvent the 

requirement that the claimant or 

auxiliary beneficiary not be responsible 

‘‘directly or indirectly’’ for the payment 

of the fees. For example, if a claimant 

believes that we will process his or her 

disability claim more quickly if we do 

not need to authorize a representative’s 

fee, the claimant might ask a relative to 

pay the representative an excessive fee, 

which the claimant would then repay to 

the relative after we approve the claim. 

We must continue to authorize a fee in 

this type of situation to prevent the 

possibility that a claimant may be 

charged an unreasonable fee. 

Comment: Some commenters were 

concerned that our proposed rules 

would permit claimants to pay fees in 

certain cases. Two commenters 

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Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 48383 

expressed concern that our proposed 

rules would allow representatives or 

entities, such as long-term disability 

insurance companies, to execute 

contracts with claimants that would 

require claimants to pay certain fees, 

such as time spent on an unsuccessful 

claim or for retainer fees. One 

commenter stated that our proposed 

rules would allow an entity, such as a 

long-term disability insurance company, 

to require that an insured claimant 

repay benefits that the company paid 

while the claimant awaited our final 

decision on his or her application for 

disability benefits. The other commenter 

was concerned that an entity could 

circumvent our proposed rules by 

defining a ‘‘fee’’ paid to a representative 

as a ‘‘benefit’’ that the insured claimant 

would need to repay if we approved his 

application for disability benefits. 

Response: This final rule prohibits a 

representative from recovering any fee, 

whether directly or indirectly, from a 

claimant or an auxiliary beneficiary for 

the representative’s services in a claim 

before us without our prior 

authorization or a court’s prior 

authorization. This prohibition applies 

regardless of any contractual language 

between a claimant and an entity. For 

example, our rules allow a 

representative to collect a retainer fee 

for his or her time spent on a claim 

without our authorization only if the 

criteria in this final rule are met. If it 

comes to our attention that a 

representative is attempting to 

circumvent our rules, we may 

investigate the situation and sanction 

the representative as appropriate. 

Comment: One commenter wanted to 

know how representatives would notify 

us that we would not need to authorize 

a representative’s fee. The commenter 

also wanted us to change our current 

forms that allow representatives to 

waive charging and receiving fees from 

claimants. The commenter suggested 

that we provide an electronic means to 

allow representatives to waive a fee. 

Response: In the proposed rules on 

‘‘Revisions to Rules on Representation 

of Parties’’ published on September 8, 

2008, we proposed to require that a 

representative use a form that we 

prescribe to waive a fee or direct 

payment of a fee. We are currently 

considering comments received in 

response to that NPRM and are 

reviewing potential changes that we can 

make to this process. However, we have 

modified final sections 404.1720(e)(1)(i) 

and 416.1520(e)(1)(i) to change the word 

‘‘form’’ to a ‘‘writing in a form and 

manner that we prescribe’’ because we 

anticipate expanding our electronic 

process in the future. 

Comment: One commenter suggested 

we not add the words ‘‘fee petition’’ in 

the paragraph headings for 20 CFR 

404.1720(b) and 416.1520(b). The 

commenter asserted that the paragraphs 

should apply to both fee agreements and 

fee petitions and that this change 

limited the scope of the paragraphs. 

Response: We agree with this 

comment and are not changing the 

paragraph headings in these sections. 

We proposed several changes about fee 

petitions in our proposed rules, 

‘‘Revisions to Rules on Representation 

of Parties.’’ We will address these 

specific language changes as part of that 

rulemaking proceeding. 

Comment: One commenter wanted us 

to amend our proposed definition of 

‘‘legal guardian or court-appointed 

representative’’ to incorporate States’ 

definitions of these terms, instead of 

using the definition of the terms that we 

proposed. 

Response: The definition of ‘‘legal 

guardian or court-appointed 

representative’’ that we proposed 

applies only to matters relating to 

representative fees in part 404 subpart R 

and part 416 subpart O. 20 CFR 

404.1703 and 416.1503. Given the scope 

of our programs and our need to 

administer our programs on a uniform 

national basis, we believe that it is more 

appropriate to adopt a single definition 

of the term for purposes of this rule, 

rather than relying on a definition that 

may vary on a State-by-State basis. 

Adopting the commenter’s suggestion 

would make the final rule significantly 

more difficult to administer. 

Comment: One commenter said that 

we should not rely upon courts to 

determine the reasonableness of fees 

charged by legal guardians who are 

acting as a claimant’s representative 

because judges in some courts are not 

attorneys and may not have the 

expertise to make informed decisions 

about our rules. 

Response: We disagree with this 

comment. In the years since we issued 

SSR 85–3, we have not found that courts 

authorize excessive fees for 

representatives, regardless of whether 

the judge is an attorney. Courts are 

mindful of the best interests of a 

claimant and exercise diligence and due 

care. Our experience does not support 

the commenter’s concern. 

Comment: One commenter suggested 

that we not adopt this rule because 

regulation of fees is our method of 

ensuring that representatives are 

diligent, competent, and ethical in their 

representation. 

Response: We are not relinquishing 

our authority or oversight over 

representatives who practice before us. 

Our rules of conduct and standards of 

responsibility for representatives ensure 

that representatives are diligent, 

competent, and ethical. Much of the 

policy that we have codified in this final 

rule has been in effect for over twenty 

years. During that time, we have found 

that representatives are generally 

principled and competent. We do not 

expect that this final rule will affect 

representatives’ conduct. As stated 

above, the necessary rules are in place 

to allow us to take appropriate action 

against representatives who violate our 

rules. 

Implementation of This Final Rule 

We will apply these new rules to all 

relevant fee authorization requests that 

we have not yet authorized as of the 

effective date, regardless of the date on 

which representatives filed the requests. 

We will notify representatives whose 

requests are affected by this final rule. 

Regulatory Procedures 

Executive Order 12866 

We have consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule meets the 

criteria for a significant regulatory 

action under Executive Order 12866. 

Therefore, it was reviewed by OMB. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule does not place significant 

costs on a substantial number of small 

entities because it will relieve some 

small entities of the need to obtain our 

authorization to charge a fee. We 

anticipate that the cost to small entities 

will either be minimal, or the result will 

be some cost savings from increased 

efficiency. Therefore, a regulatory 

flexibility analysis as provided in the 

Regulatory Flexibility Act, as amended, 

is not required. 

Paperwork Reduction Act 

This rule does not create any new or 

affect any existing collections and, 

therefore, does not require Office of 

Management and Budget approval 

under the Paperwork Reduction Act. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social 

Security-Survivors Insurance; and 96.006, 

Supplemental Security Income) 

List of Subjects 

20 CFR Part 404 

Administrative practice and 

procedure; Blind; Disability benefits; 

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48384 Federal Register / Vol. 74, No. 183 / Wednesday, September 23, 2009 / Rules and Regulations 

Old-Age, Survivors, and Disability 

insurance; Penalties; Reporting and 

recordkeeping requirements; Social 

Security. 

20 CFR Part 416 

Administrative practice and 

procedure; Penalties; Reporting and 

recordkeeping requirements; 

Supplemental Security Income (SSI). 

Dated: September 16, 2009. 

Michael J. Astrue, 

Commissioner of Social Security. 

■ For the reasons set out in the 

preamble, we are amending 20 CFR 

parts 404 and 416 as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart R—[Amended] 

■ 1. The authority citation for subpart R 

of part 404 continues to read as follows: 

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

1127 of the Social Security Act (42 U.S.C. 

405(a), 406, 902(a)(5), and 1320a–6); sec. 303, 

Public Law 108–203, 118 Stat. 493. 

■ 2. Amend § 404.1703 by adding two 

definitions in alphabetical order to read 

as follows: 

§ 404.1703 Definitions. 

* * * * * 

Entity means any business, firm, or 

other association, including but not 

limited to partnerships, corporations, 

for-profit organizations, and not-forprofit organizations. 

Legal guardian or court-appointed 

representative means a court-appointed 

person, committee, or conservator who 

is responsible for taking care of and 

managing the property and rights of an 

individual who is considered incapable 

of managing his or her own affairs. 

* * * * * 

■ 3. Amend § 404.1720 by revising 

paragraph (b)(3) and by adding 

paragraph (e) to read as follows: 

§ 404.1720 Fee for a representative’s 

services. 

* * * * * 

(b) * * * 

(3) Subject to paragraph (e) of this 

section, a representative must not 

charge or receive any fee unless we have 

authorized it, and a representative must 

not charge or receive any fee that is 

more than the amount we authorize. 

* * * * * 

(e) When we do not need to authorize 

a fee. We do not need to authorize a fee 

when: 

(1) An entity or a Federal, State, 

county, or city government agency pays 

from its funds the representative fees 

and expenses and both of the following 

conditions apply: 

(i) You and your auxiliary 

beneficiaries, if any, are not liable to pay 

a fee or any expenses, or any part 

thereof, directly or indirectly, to the 

representative or someone else; and 

(ii) The representative submits to us a 

writing in the form and manner that we 

prescribe waiving the right to charge 

and collect a fee and any expenses from 

you and your auxiliary beneficiaries, if 

any, directly or indirectly, in whole or 

in part; or 

(2) A court authorizes a fee for your 

representative based on the 

representative’s actions as your legal 

guardian or a court-appointed 

representative. 

PART 416—SUPPLEMENTAL 

SECURITY INCOME FOR THE AGED, 

BLIND, AND DISABLED 

Subpart O—[Amended] 

■ 4. The authority citation for subpart O 

of part 416 continues to read as follows: 

Authority: Secs. 702(a)(5), 1127 and 

1631(d) of the Social Security Act (42 U.S.C. 

902(a)(5), 1320a–6 and 1383(d)); sec. 303, 

Public Law 108–203, 118 Stat. 493. 

■ 5. Amend § 416.1503 by adding two 

definitions in alphabetical order to read 

as follows: 

§ 416.1503 Definitions. 

* * * * * 

Entity means any business, firm, or 

other association, including but not 

limited to partnerships, corporations, 

for-profit organizations, and not-forprofit organizations. 

Legal guardian or court-appointed 

representative means a court-appointed 

person, committee, or conservator who 

is responsible for taking care of and 

managing the property and rights of an 

individual who is considered incapable 

of managing his or her own affairs. 

* * * * * 

■ 6. Amend § 416.1520 by revising 

paragraph (b)(3) and by adding 

paragraph (e) to read as follows: 

§ 416.1520 Fee for a representative’s 

services. 

* * * * * 

(b) * * * 

(3) Subject to paragraph (e) of this 

section, a representative must not 

charge or receive any fee unless we have 

authorized it, and a representative must 

not charge or receive any fee that is 

more than the amount we authorize. 

* * * * * 

(e) When we do not need to authorize 

a fee. We do not need to authorize a fee 

when: 

(1) An entity or a Federal, State, 

county, or city government agency pays 

from its funds the representative fees 

and expenses and both of the following 

conditions apply: 

(i) You are not liable to pay a fee or 

any expenses, or any part thereof, 

directly or indirectly, to the 

representative or someone else; and 

(ii) The representative submits to us a 

writing in the form and manner we 

prescribe waiving the right to charge 

and collect a fee and any expenses from 

you directly or indirectly, in whole or 

in part; or 

(2) A court authorizes a fee for your 

representative based on the 

representative’s actions as your legal 

guardian or a court-appointed 

representative. 

[FR Doc. E9–22842 Filed 9–22–09; 8:45 am] 

BILLING CODE 4191–02–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–0359–200915(c); 

FRL–8960–1] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Alabama State Implementation Plan; 

Birmingham and Jackson County; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On March 26, 2009 (71 FR 

13118), EPA published a document 

approving a revision to the Birmingham 

and Jackson County portions of the 

Alabama State Implementation Plan 

(SIP). This action adds Table (c), which 

was inadvertently omitted, to Alabama’s 

Identification of Plan section of the 

Code of Federal Regulations (CFR). 

DATES: This action is effective 

September 23, 2009. 

ADDRESSES: Copies of the 

documentation used in the action being 

corrected are available for inspection 

during normal business hours at the 

following location: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding federal 

holidays. 

mstockstill on DSKH9S0YB1PROD with RULES