38796 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Proposed Rules

L. 86–373, 73 Stat. 688, as amended (42

U.S.C. 2021); sec. 201, as amended, 202, 206,

88 Stat. 1242, as amended, 1244, 1246 (42

U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec.

10, 92 Stat. 2951 as amended by Pub. L. 10d–

48b, sec. 7902, 10b Stat. 31b3 (42 U.S.C.

5851); sec. 102, Pub. L. 91–190, 83 Stat. 853

(42 U.S.C. 4332); secs. 131, 132, 133, 135,

137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230,

2232, 2241, sec. 148, Pub. L. 100–203, 101

Stat. 1330–235 (42 U.S.C. 10151, 10152,

10153, 10155, 10157, 10161, 10168).

Section 72.44(g) also issued under secs.

142(b) and 148(c), (d), Pub. L. 100–203, 101

Stat. 1330–232, 1330–236 (42 U.S.C.

10162(b), 10168(c), (d)). Section 72.46 also

issued under sec. 189, 68 Stat. 955 (42 U.S.C.

2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230

(42 U.S.C. 10154). Section 72.96(d) also

issued under sec. 145(g), Pub. L. 100–203,

101 Stat. 1330–235 (42 U.S.C. 10165(g)).

Subpart J also issued under secs. 2(2), 2(15),

2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat.

2202, 2203, 2204, 2222, 2244, (42 U.S.C.

10101, 10137(a), 10161(h)). Subparts K and L

are also issued under sec. 133, 98 Stat. 2230

(42 U.S.C. 10153) and sec. 218(a), 96 Stat.

2252 (42 U.S.C. 10198).

2. Section 72.214, Certificate of

Compliance (CoC) 1007 is revised to

read as follows:

§ 72.214 List of approved spent fuel

storage casks.

* * * * *

Certificate Number: 1007.

Initial Certificate Effective Date: May 7,

1993.

Amendment Number 1 Effective Date:

May 30, 2000.

Amendment Number 2 Effective Date:

September 5, 2000.

SAR Submitted by: Pacific Sierra

Nuclear Associates.

SAR Title: Final Safety Analysis Report

for the Ventilated Storage Cask

System.

Docket Number: 72–1007.

Certificate Expiration Date: May 7, 2013.

Model Number: VSC–24.

* * * * *

Dated at Rockville, Maryland, this 25th day

of May, 2000.

For the Nuclear Regulatory Commission.

William D. Travers,

Executive Director for Operations.

[FR Doc. 00–15541 Filed 6–21–00; 8:45 am]

BILLING CODE 7590–01–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 404 and 416

[Regulations Nos. 4 and 16]

RIN 0960–AF17

Administrative Review Process;

Prehearing and Posthearing

Conferences

AGENCY: Social Security Administration

(SSA).

ACTION: Notice of proposed rulemaking.

SUMMARY: We are proposing to amend a

portion of our regulations on social

security and supplemental security

income which currently state that an

administrative law judge (ALJ) may

decide to hold a prehearing or

posthearing conference in your case. We

are proposing to amend these rules to

provide that we may designate an

attorney adviser in our Office of

Hearings and Appeals (OHA) to conduct

a formal prehearing or posthearing

conference when requested by an ALJ.

We are also proposing to amend our

rules to include procedures to govern

the informal prehearing conference that

we may hold with you. We are

proposing these rules in order to

improve our hearings process by

standardizing and increasing the

efficiency of our procedures for holding

prehearing and posthearing conferences.

DATES: To be sure your comments are

considered, we must receive them no

later than August 21, 2000.

ADDRESSES: Comments should be

submitted to the Commissioner of Social

Security, P.O. Box 17703, Baltimore,

MD 21235–7703; sent by telefax to (410)

966–2830; sent by e-mail to

regulations@SSA.gov; or delivered to

the Office of Process and Innovation

Management, Social Security

Administration, L2109 West Low Rise,

6401 Security Boulevard, Baltimore, MD

21235–6401, between 8:00 A.M. and

4:30 P.M. on regular business days.

Comments received may be inspected

during these same hours by making

arrangements with the contact person

shown below.

FOR FURTHER INFORMATION CONTACT:

Georgia E. Myers, Regulations Officer,

Office of Process and Innovation

Management, Social Security

Administration, L2109 West Low Rise,

6401 Security Boulevard, Baltimore, MD

21235–6401, (410) 965–3632 or TTY 1–

800–988–5906, 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.

SUPPLEMENTARY INFORMATION:

Background

We generally use a four step

administrative review process to 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. If you are not satisfied with our

initial determination, you may request

that we reconsider it. If you are not

satisfied with our reconsidered

determination, you may request an ALJ

hearing. If you are not satisfied with the

ALJ’s decision, you may request that the

Appeals Council review it. Generally,

you must complete these steps and

receive our final decision before you

may request judicial review of the

decision in the Federal courts.

On August 30, 1999, we announced a

prototype involving a combination of

modifications to the procedures we

follow in determining disability (64 FR

47218). At that time, we also announced

that we were making several changes to

improve the hearing step of the

administrative review process. We

noted that we were going to streamline

case processing, make structural

changes in the management

organization of our hearing offices, and

make improvements in our automation

and data collection. We also noted that

we would implement a ‘‘national

workflow model’’ that combines

prehearing activities, a standardized

prehearing conference, and processingtime benchmarks for various tasks (64

FR at 47219).

We are making changes in the hearing

process as part of our Hearings Process

Improvement (HPI) initiative. Under

HPI, we are trying to make our hearing

process more timely, more efficient and

more customer-focused. The report on

this initiative is available as an SSA

publication, ‘‘The Hearings Process

Improvement Initiative: Delivering

Better Service for the 21st Century’’

(SSA Pub. No. 01–016). We also made

this report available on our Internet site

at http://www.ssa.gov/reports/hpi.

Under our HPI initiative, we

distinguish between informal and

formal prehearing conferences. Informal

conferences will be a relatively routine

part of our prehearing activities. We will

hold these conferences to develop

additional evidence and information

that may be needed to ensure that cases

are ready for a hearing when they are

assigned to an ALJ. We will hold formal

prehearing conferences more rarely and

only at the request of an ALJ.

We currently conduct developmental

activities similar to those involved in

the informal conferences under the

Commissioner’s general, administrative

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Proposed Rules 38797

authority to manage and direct the ALJ

hearing process and to assign ALJs to

cases. Under our current process, staff

personnel in our hearing offices conduct

a variety of prehearing activities,

including working with claimants and

their representatives, by telephone and

in person, to develop additional

evidence and information and to

prepare the claim for a hearing.

We conduct all of the procedures in

the administrative review process,

including the ALJ hearing and any

conferences we hold in connection with

the hearing, in an informal,

nonadversarial manner. The term

‘‘formal,’’ as used in our HPI initiative

and in these proposed rules to refer to

certain conferences, is not intended to

imply that we will conduct these

conferences in an adversarial manner.

Explanation of Proposed Rules

We are proposing to amend our

regulations at 20 CFR §§ 404.961 and

416.1461 to set forth the rules we will

follow when we hold informal

prehearing conferences. We believe that

these informal conferences will

standardize the best developmental

practices our hearing offices currently

use in the period before we appoint an

ALJ to hold a hearing and decide a case.

Our hearing office staff may hold

informal prehearing conferences with

you or your representative for several

reasons. We may hold an informal

conference to decide if there is any

existing evidence that we should get

before the hearing. We may also hold an

informal conference to clarify an issue

or issues in your case. If you do not

have a representative, we may also hold

an informal conference to advise you

about your right to representation and to

determine if you want to get a

representative. We expect that these

informal conferences will be held by

either attorney advisers or paralegal

analysts in our hearing offices. We may

hold these informal conferences instead

of, or in addition to, any other activities

that we do in our hearing offices to

develop the evidence in your claim.

We will usually hold an informal

prehearing conference by telephone.

However, we may also hold the informal

conference in person or by

videoconference if we decide it is more

efficient to do so. We may hold the

conference with you, you and your

representative, or just your

representative. We will reach agreement

with you, directly or through your

representative, regarding the time, place

and purpose of the conference. We may

arrange a conference by telephone, in

person, or in writing. At the conference,

we may consider matters in addition to

those that were agreed to in arranging

the conference, if the persons

participating in the conference agree to

consider the additional matters.

If you do not have a representative

and you tell us at an informal

conference that you want a

representative, we will give you a list of

groups in your community that can help

you find a representative. If you do not

wish to be represented, we will explain

what that means to you. You can, of

course, get a representative at any time

after the conference, even if you have

stated at the conference that you do not

want a representative at your hearing. If

we hold an informal conference and you

do not have a representative, we will

not use the conference to make any kind

of agreements with you about your case.

We intend to record the information

we get at the informal conference by a

report of contact that we will include in

your claims file. We may also record it

by any other means that we decide

accurately reflects the information.

We are also proposing in these rules

to amend §§ 404.961 and 416.1461 to

allow an attorney adviser, in certain

circumstances, to hold any formal

prehearing or posthearing conference

that we might conduct in your case after

it has been assigned to an ALJ. The

management officials in the hearing

office would designate an attorney

adviser to hold a conference if you have

appointed a representative, and the ALJ

requests that we designate an attorney

adviser to hold a prehearing or

posthearing conference.

Under the HPI initiative, we are trying

to improve how we prepare cases before

they are assigned to an ALJ for a

hearing, and to ensure that cases are

ready for a hearing when they are

assigned to an ALJ. However, we expect

that there will still be occasions when

the ALJ will decide that a formal

prehearing conference should be held.

Although we may use it to develop

additional evidence or information, we

expect that the primary purpose of the

formal prehearing conference will be to

clarify or narrow an issue or issues in

the case.

We currently hold formal posthearing

conferences infrequently, and expect to

hold them less frequently under the HPI

initiative, which should increase our

ability to ensure that cases are ready for

hearing when the hearing is held.

However, we believe we should provide

authority for management officials to

designate an attorney adviser to hold a

formal posthearing conference in

instances in which the ALJ believes that

such a conference would expedite the

decision and requests the hearing office

to designate an attorney adviser to hold

the conference.

Sections 404.961 and 416.1461

currently state that an ALJ may decide

to hold a prehearing or posthearing

conference to expedite the hearing or

the decision, and that the ALJ will hold

the conference. We are proposing in

these rules to specify that, at an ALJ’s

request, an attorney adviser designated

by a hearing office may hold a formal

prehearing or posthearing conference.

The attorney adviser designated by the

hearing office to hold these formal

prehearing or posthearing conferences

may be an attorney adviser whose

position in the hearing office is that of

a Senior Attorney Adviser, or an

attorney adviser who occupies the

managerial position in the hearing office

of Processing Group Supervisor or

Hearing Office Director.

We have long interpreted the

provisions of §§ 404.961 and 416.1461

as allowing a ‘‘designee’’ of the ALJ to

conduct a prehearing or posthearing

conference for the ALJ. However, under

the procedures we are establishing,

management officials in the hearing

office will designate an attorney adviser

to hold a prehearing or posthearing

conference when an ALJ requests that

an attorney adviser hold a formal

conference. Thus, while the attorney

adviser will conduct the prehearing or

posthearing conference for the ALJ, the

attorney adviser would not be the ALJ’s

designee.

We do not intend, however, that

management officials in the hearing

office will be able to designate an

attorney adviser to hold a prehearing or

posthearing conference if an ALJ has not

requested that an attorney adviser hold

a conference. The ALJ may personally

hold a prehearing or posthearing

conference any time the ALJ does not

want an attorney adviser to hold the

conference, or whenever the hearing

office might decline to designate an

attorney adviser to hold the conference.

Current §§ 404.961 and 416.1461

allow an ALJ to hold a prehearing or

posthearing conference with an

individual who does not have an

appointed representative. Although it is

generally our practice to hold a formal

prehearing or posthearing conference

only with a claimant’s appointed

representative, there are circumstances

in which ALJs find it helpful to hold a

conference with an individual who is

not represented. This occurs most

frequently when an unrepresented

claimant who has previously not

responded to our efforts to make contact

arrives at the time and place we have

scheduled for his or her hearing (in a

notice of hearing mailed to the

38798 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Proposed Rules

individual’s last known address). In

these circumstances, and with the

agreement of the claimant, the ALJ may

postpone the hearing and hold a

prehearing conference in order to talk

with the individual about the available

evidence and the question of

representation.

We are not proposing in these rules to

change the authority ALJs currently

have to hold prehearing or posthearing

conferences personally with an

individual who does not have a

representative. We believe there will

always be some circumstances in which

an ALJ can appropriately use that

authority to facilitate the hearing or the

decision. However, because an attorney

adviser’s duty of impartiality is not

guaranteed to the same extent as that of

an ALJ, we are proposing in these rules

to specify that we will not designate an

attorney adviser to hold a formal

prehearing or posthearing conference

with you if you are not represented. We

believe that the different choices that

individuals make about whether to

appoint a representative warrant

differences in our procedures for having

attorney advisers hold formal

prehearing and posthearing conferences,

and that having different procedures

will not result in unfair treatment of any

claimants.

We are also proposing that the

attorney adviser who conducts a formal

prehearing or posthearing conference

will have authority to reach agreements

with your representative during a formal

prehearing or posthearing conference.

Any agreements made by the attorney

adviser will be subject to approval by

the ALJ. The proposed rules do not give

the attorney adviser authority to take

sworn testimony or to examine or crossexamine witnesses at a conference.

We will give you advance written

notice of the time, place and purpose of

any formal conference, including a

conference conducted by telephone,

unless you and any other parties to the

hearing tell us in writing that you do not

want written notice of the conference.

We will mail any required written

notice of the conference to you and your

representative at least 7 days before the

conference, unless we have already

gotten the written notice to you in

another way. We will provide written

notice in advance of the conference

even if, as will frequently be the case,

the written notice confirms

arrangements for the conference that we

have already made with you by

telephone. These proposed notice

requirements clarify the existing notice

requirements that apply under current

§§ 404.961 and 416.1461 when an ALJ

decides that prehearing or posthearing

conference should be held.

Current §§ 404.961 and 416.1461 do

not specify how we may hold a

prehearing or posthearing conference or

how we will make a record of a

conference. We are proposing in these

rules to specify that we may hold a

formal prehearing or posthearing

conference by telephone, in person, or

by videoconference. We intend that the

formal conference will be tape recorded,

or recorded in another manner that

accurately reflects the information we

get at the conference, in order to make

a record of any agreements or actions

resulting from the conference.

Sections 404.961 and 416.1461

currently provide that the ALJ will state

all agreements and actions resulting

from the conference in an order, and

that any stated agreements and actions

become binding parts of the hearing

record if the parties to the hearing do

not object. We are proposing to clarify

these provisions to explain that the ALJ

will issue an order about the conference

only if the conference has resulted in

one or more actions or agreements. We

are also proposing to amend these rules

to specify that any objections to an ALJ’s

order must be in writing and that the

ALJ will rule on any objections to the

order. These changes will standardize

our procedures in this respect.

We expect that the changes we are

proposing in these rules will increase

our efficiency by standardizing the

practices we follow when we hold

informal prehearing conferences and

any formal prehearing and posthearing

conferences that we may need. The

changes we are proposing will also

increase our ability to treat individual

claimants consistently.

The proposed changes will not

adversely affect an individual’s right to

a hearing before an ALJ. Failure or

refusal to participate in a prehearing

conference is not now, and will not be

under these proposed rules, a basis for

dismissing a request for hearing. A

request for hearing may be dismissed

only under the circumstances specified

in our regulations at 20 CFR §§ 404.957

and 416.1457. Similarly, failure or

refusal to participate in a posthearing

conference will not adversely affect

your right to a hearing decision, which

the ALJ is required to issue in

accordance with §§ 404.953 and

416.1453.

Other Changes

We are also proposing to rewrite

§§ 404.961 and 416.1461 in plain

language. We are doing this consistent

with the President’s memorandum of

June 1, 1998 (63 FR 31885), which states

that each agency should write its rules

in plain language. By rewriting the rules

in plain language, we do not intend to

make any substantive changes in the

existing provisions of §§ 404.961 and

416.1461, beyond those we are

proposing to make here.

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.access.gpo.gov/su—docs/

aces/aces140.html. It is also available

on the Internet site for SSA (i.e., SSA

Online): http://www.ssa.gov/.

Clarity of the Proposed Rules

In addition to your substantive

comments on these proposed 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?

Regulatory Procedures

Executive Order 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that these proposed rules do

not meet the criteria for a significant

regulatory action under Executive Order

12866. Therefore, they were not subject

to OMB review.

Regulatory Flexibility Act

We certify that these proposed rules,

if promulgated, will not have a

significant economic impact on a

substantial number of small entities

because they affect only individuals.

Therefore, a regulatory flexibility

analysis as provided in the Regulatory

Flexibility Act, as amended, is not

required.

Paperwork Reduction Act

These proposed regulations impose

no new reporting or record keeping

requirements requiring OMB clearance.

(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

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Proposed Rules 38799

and Over; 96.004, Social Security-Survivors

Insurance; 96.006, Supplemental Security

Income)

List of Subjects

20 CFR Part 404

Administrative practice and

procedure, Aged, 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: June 9, 2000.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set out in the

preamble, we propose to amend subpart

J of part 404 and subpart N of part 416

of chapter III of Title 20 of the Code of

Federal Regulations as set forth below:

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE (1950– )

Subpart J—[Amended]

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)); 31 U.S.C. 3720A; sec. 5, Pub. L.

97–455, 96 Stat. 2500 (42 U.S.C. 405 note);

secs. 5, 6(c)–(e), and 15, Pub. L. 98–460, 98

Stat. 1802 (42 U.S.C. 421 note).

2. Section 404.961 is revised to read

as follows:

§ 404.961 Prehearing and posthearing

conferences.

(a) What are the types of conferences

that we may hold? We may hold a

prehearing or posthearing conference.

There are two types of prehearing

conferences, an informal prehearing

conference and a formal prehearing

conference. There is only one type of

posthearing conference, a formal

posthearing conference. We explain the

different types of conferences in the

remaining paragraphs of this section. (b) When may we decide to hold an

informal prehearing conference? We

may decide on our own, at your request,

or at the request of any other party to

the hearing, to hold an informal

prehearing conference. We may hold an

informal prehearing conference to

clarify an issue or issues in your claim,

or to decide whether more evidence is

needed. If you do not have a

representative, we may hold an informal

prehearing conference to tell you about

your right to representation and to

determine if you want a representative.

We may also hold an informal

prehearing conference for any other

reason that we decide is appropriate. (c) How will we hold an informal

prehearing conference? (1) We may hold

an informal prehearing conference with

you or your representative, or with other

parties to the hearing, or the

representative(s) of those parties. (2) If we hold an informal prehearing

conference, we will generally hold it by

telephone. However, we may also

decide to hold the conference with you

or your representative in person or by

videoconference. We will reach

agreement with you, directly or through

your representative, regarding the time,

place and purpose of the conference. We

may arrange a conference by telephone,

in person, or in writing. At the

conference, we may consider matters in

addition to those that were agreed to in

arranging the conference, if the persons

participating in the conference agree to

consider the additional matters. We will

record the information that we get at the

conference by any method that we

decide accurately reflects the

information.

(3) If you do not have a representative,

we will explain your right to

representation, and give you a list of

groups in your community that can give

you help in finding a representative. If

you state at the conference that you do

not want a representative, you may still

be represented if you decide at any time

that you want a representative at your

hearing. (4) If you do not have a representative,

we will not make any agreements with

you at the informal prehearing

conference.

(d) When may we decide to hold a

formal prehearing conference? After we

assign a case to an administrative law

judge, the administrative law judge may

decide on his or her own, at your

request, or at the request of any other

party to the hearing, to hold a formal

prehearing conference. If the

administrative law judge decides to

hold a formal prehearing conference, he

or she may conduct it, or may request

that an attorney adviser designated by

the hearing office conduct it. We will

not designate an attorney adviser to

hold a formal prehearing conference if

you do not have a representative. Only

an administrative law judge may hold a

formal prehearing conference with you

if you do not have a representative. (e) How will we hold a formal

prehearing conference? We will hold a

formal prehearing conference by

telephone, in person, or by

videoconference. The administrative

law judge or the attorney adviser

designated by the hearing office will

determine the appropriate method. The

administrative law judge or the attorney

adviser designated by the hearing office

will give you and any other parties to

the hearing advance written notice of

the time, place, and purpose of the

conference, unless you and any other

parties state in writing that you do not

want written notice of the conference.

We will mail a required written notice

to you at least seven days before the

date of the conference, unless we have

already gotten the written notice to you

in another way. The administrative law

judge may enter into agreements with

your representative at the conference.

The attorney adviser designated by the

hearing office may enter into agreements

with your representative at the

conference, which are subject to the

approval of the administrative law judge

under paragraph (g) of this section. We

will make a record of the formal

prehearing conference by any method

that we decide accurately reflects the

information we get at the conference. (f) May we consider other matters at

the formal prehearing conference? At

the formal prehearing conference, the

administrative law judge, or an attorney

adviser designated by the hearing office

to hold the conference, may consider

matters in addition to the ones that we

stated in the notice, if you and the other

parties to the hearing agree in writing. (g) What will we do after a formal

prehearing conference? If we hold a

formal prehearing conference that

results in one or more agreements or

actions, the administrative law judge

will issue an order to state all of the

agreements and actions that resulted

from the conference. If an attorney

adviser designated by the hearing office

has held the conference, any agreements

made by the attorney adviser are subject

to approval by the administrative law

judge. The agreements and actions in

the administrative law judge’s order will

become binding on all the parties to the

hearing and be made part of the hearing

record, unless you or another party to

the hearing objects in writing to the

administrative law judge’s order and the

administrative law judge rules favorably

on your objection. (h) When will we hold a posthearing

conference? If the administrative law

judge decides that it is necessary, he or

she may hold a posthearing conference.

If the administrative law judge decides

to hold a posthearing conference, he or

she may conduct it, or may request that

it be conducted by an attorney adviser

designated by the hearing office. If we

hold a posthearing conference, we will

38800 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Proposed Rules

apply the rules in paragraphs (e)

through (g) of this section.

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

Subpart N—[Amended]

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); 31 U.S.C. 3720A.

4. Section 416.1461 is revised to read

as follows:

§ 416.1461 Prehearing and posthearing

conferences.

(a) What are the types of conferences

that we may hold? We may hold a

prehearing or posthearing conference.

There are two types of prehearing

conferences, an informal prehearing

conference and a formal prehearing

conference. There is only one type of

posthearing conference, a formal

posthearing conference. We explain the

different types of conferences in the

remaining paragraphs of this section.

(b) When may we decide to hold an

informal prehearing conference? We

may decide on our own, at your request,

or at the request of any other party to

the hearing, to hold an informal

prehearing conference. We may hold an

informal prehearing conference to

clarify an issue or issues in your claim,

or to decide whether more evidence is

needed. If you do not have a

representative, we may hold an informal

prehearing conference to tell you about

your right to representation and to

determine if you want a representative.

We may also hold an informal

prehearing conference for any other

reason that we decide is appropriate.

(c) How will we hold an informal

prehearing conference? (1) We may hold

an informal prehearing conference with

you or your representative, or with other

parties to the hearing, or the

representative(s) of those parties.

(2) If we hold an informal prehearing

conference, we will generally hold it by

telephone. However, we may also

decide to hold the conference with you

or your representative in person or by

videoconference. We will reach

agreement with you, directly or through

your representative, regarding the time,

place and purpose of the conference. We

may arrange a conference by telephone,

in person, or in writing. At the

conference, we may consider matters in

addition to those that were agreed to in

arranging the conference, if the persons

participating in the conference agree to

consider the additional matters. We will

record the information that we get at the

conference by any method that we

decide accurately reflects the

information.

(3) If you do not have a representative,

we will explain your right to

representation, and give you a list of

groups in your community that can give

you help in finding a representative. If

you state at the conference that you do

not want a representative, you may still

be represented if you decide at any time

that you want a representative.

(4) If you do not have a representative,

we will not make any agreements with

you at the informal prehearing

conference.

(d) When may we decide to hold a

formal prehearing conference? After we

assign a case to an administrative law

judge, the administrative law judge may

decide on his or her own, at your

request, or at the request of any other

party to the hearing, to hold a formal

prehearing conference. If the

administrative law judge decides to

hold a formal prehearing conference, he

or she may conduct it, or may request

that an attorney adviser designated by

the hearing office conduct it. We will

not designate an attorney adviser to

hold a formal prehearing conference if

you do not have a representative. Only

an administrative law judge may hold a

formal prehearing conference with you

if you do not have a representative.

(e) How will we hold a formal

prehearing conference? We will hold a

formal prehearing conference by

telephone, in person, or by

videoconference. The administrative

law judge or the attorney adviser

designated by the hearing office will

determine the appropriate method. The

administrative law judge or the attorney

adviser designated by the hearing office

will give you and any other parties to

the hearing advance written notice of

the time, place, and purpose of the

conference, unless you and any other

parties state in writing that you do not

want written notice of the conference.

We will mail a required written notice

to you at least seven days before the

date of the conference, unless we have

already gotten the written notice to you

in another way. The administrative law

judge may enter into agreements with

your representative at the conference.

The attorney adviser designated by the

hearing office may enter into agreements

with your representative at the

conference, which are subject to the

approval of the administrative law judge

under paragraph (g) of this section. We

will make a record of the formal

prehearing conference by any method

that we decide accurately reflects the

information we get at the conference.

(f) May we consider other matters at

the formal prehearing conference? At

the formal prehearing conference, the

administrative law judge, or an attorney

adviser designated by the hearing office

to hold the conference, may consider

matters in addition to the ones that we

stated in the notice, if you and the other

parties to the hearing agree in writing.

(g) What will we do after a formal

prehearing conference? If we hold a

formal prehearing conference that

results in one or more agreements or

actions, the administrative law judge

will issue an order to state all of the

agreements and actions that resulted

from the conference. If an attorney

adviser designated by the hearing office

has held the conference, any agreements

made by the attorney adviser are subject

to approval by the administrative law

judge. The agreements and actions in

the administrative law judge’s order will

become binding on all the parties to the

hearing and be made part of the hearing

record, unless you or another party to

the hearing objects in writing to the

administrative law judge’s order and the

administrative law judge rules favorably

on your objection.

(h) When will we hold a posthearing

conference? If the administrative law

judge decides that it is necessary, he or

she may hold a posthearing conference.

If the administrative law judge decides

to a hold a posthearing conference, he

or she may conduct it, or may request

that it be conducted by an attorney

adviser designated by the hearing office.

If we hold a posthearing conference, we

will apply the rules in paragraphs (e)

through (g) of this section.

Dated: June 9, 2000.

Kenneth S. Apfel,

Commissioner of Social Security.

[FR Doc. 00–15645 Filed 6–21–00; 8:45 am]

BILLING CODE 4191–02–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 60

[FRL–6717–4]

Approval and Promulgation of State

Plans for Designated Facilities and

Pollutants; Colorado, Montana, South

Dakota, Utah, Wyoming; Control of

Emissions From Existing Hospital/

Medical/Infectious Waste Incinerators

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: We are proposing to approve

the Colorado, Montana, South Dakota,