59812 Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations

request must recommend specific

procedures that are appropriate under

the circumstances.

(8) The Commission may participate

in the pre-filing consultation process

and assist in the integration of this

process and the environmental review

process in any case, including

appropriate cases where the applicant,

contractor, or consultant funded by the

applicant is not preparing a preliminary

draft environmental assessment or

preliminary draft environmental impact

statement, but where staff assistance is

available and could expedite the

proceeding.

(9) In all cases where the Commission

has approved the use of alternative prefiling consultation procedures prior to

December 5, 1997, during the pre-filing

process the potential applicant need not

follow any additional requirements

imposed by paragraph (i) of this section,

if in so doing the applicant would

repeat any steps already taken in the

preparation of its application and

supporting documentation or act

inconsistently with any written

agreement signed before December 5,

1997 by the applicant and the other

participants in the alternative process.

PART 375—THE COMMISSION

3. The authority citation for part 375

continues to read as follows:

Authority: 5 U.S.C. 551–557; 15 U.S.C.

717–717w, 3301–3432; 16 U.S.C. 791–825r,

2601–2645; 42 U.S.C. 7101–7352.

4. In § 375.314, paragraph (u) is added

to read as follows:

§ 375.314 Delegations to the Director of

the Office of Hydropower Licensing.

* * * * *

(u) Approve, on a case-specific basis,

and issue such orders as may be

necessary in connection with the use of

alternative procedures, under § 4.34(i) of

this chapter, for the development of an

application for an original, new or

subsequent license, exemption, or

license amendment subject to the prefiling consultation process, and assist in

the pre-filing consultation and related

processes.

Note: The appendix will not appear in the

Code of Federal Regulations.

Appendix A

Comments

Citizens’ Groups

Adirondack Mountain Club

American Rivers

Appalachian Mountain Club

California Hydropower Reform Coalition

Conservation Law Foundation

Hydropower Reform Coalition

Idaho Rivers United

Michigan Hydro Relicensing Coalition

New England FLOW

New York Rivers United

Trout Unlimited

Federal Agencies

U.S. Department of Agriculture, U.S. Forest

Service

U.S. Department of Commerce, National

Marine Fisheries Service

U.S. Department of the Interior

U.S. Environmental Protection Agency

Indian Tribes

Penobscot Nation

Industry Associations

American Public Power Association

Edison Electric Institute

National Hydropower Association

Public Generating Pool

Western Urban Water Coalition

State Agencies

Georgia Department of Natural Resources

New York State Department of

Environmental Conservation

Washington Department of Fish and Game

Licensees

Adirondack Hydro Development Corporation

Alabama Power Company and Georgia Power

Company

Denver Water

Duke Power Company

Holyoke Gas & Electric Company and

Northern California Water Power Agency

Minnesota Power & Light Company

Montana Power Company

Pacific Gas and Electric Company

Portland General Electric Company

Sacramento Municipal Utility District

Seattle City Light

Reply Comments

Alabama Power Company and Georgia Power

Company

City of Holyoke, Massachusetts Gas & Electric

Department

Duke Power Company

Edison Electric Institute

Hydropower Reform Coalition

National Hydropower Association

Sacramento Municipal Utility District

[FR Doc. 97–29196 Filed 11–4–97; 8:45 am]

BILLING CODE 6717–01–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 416

[Regulations No. 16]

RIN 0960–AE05

Definition of United States (U.S.)

Resident; Religious Record of Birth or

Baptism as Evidence of Citizenship;

Plan to Help Blind and Disabled

Individuals Achieve Self-Support

AGENCY: Social Security Administration

(SSA).

ACTION: Final rules.

SUMMARY: These final regulations clarify

SSA’s policies on the definition of a

U.S. resident and the acceptable types of

evidence for proving status as a U.S.

citizen or national. They clarify that, for

purposes of the Supplemental Security

Income (SSI) program, resident of the

U.S. means the individual has

established an actual dwelling place in

the U.S. and plans to continue living in

the U.S. These final regulations also

clarify that, for purposes of the SSI

program, a religious record of a birth or

baptism in the U.S. must have been

recorded in the U.S. within 3 months of

the birth, in addition to showing that

the individual was born in the U.S., in

order to be acceptable evidence that the

individual is a U.S. citizen or a national

of the U.S. In addition, these final

regulations correct a typographical error

in the wording regarding income that is

used or set aside to be used under a plan

to become self-supporting.

EFFECTIVE DATE: These regulations are

effective December 5, 1997.

FOR FURTHER INFORMATION CONTACT: Lois

Berg, Legal Assistant, Division of

Regulations and Rulings, Social Security

Administration, 6401 Security

Boulevard, Baltimore, MD 21235, (410)

965–1713. For information on

eligibility, claiming benefits, or coverage

of earnings, call our national toll-free

number, 1–800–772–1213.

SUPPLEMENTARY INFORMATION:

Background

To be eligible for SSI benefits, an

individual must be a resident of the U.S.

(one of the 50 States, the District of

Columbia, or the Northern Mariana

Islands). Generally, a person becomes a

resident when he or she arrives in the

U.S., establishes an actual dwelling

place in the U.S., and plans to continue

living in the U.S.

Our regulation at § 416.1603(b)

currently defines resident of the U.S. as

‘‘a person who is living within the

geographical limits of the United

States.’’ This definition is vague because

it could be read to imply that mere

presence, such as that of a visitor, is

sufficient to establish residency. In

addition, it does not fully support the

evidence of residency documents

required to establish U.S. residency

listed in § 416.1603(a).

Section 416.1603(b) of these final

regulations specifies that an individual

must establish an actual dwelling place

in the U.S. and intend to continue living

in the U.S. to be considered a U.S.

resident. Clarification of this section of

the regulations is necessary to address

problems that have arisen where

individuals have established U.S.
Federal Register / Vol. 62, No. 214 / Wednesday, November 5, 1997 / Rules and Regulations 59813

residency under current regulations, but

do not intend to live in the U.S.

In evaluating evidence of residency

for SSI purposes, the term actual

dwelling place will encompass different

types of living situations including the

situation of a homeless individual.

Another requirement for eligibility for

SSI benefits is that an individual must

be either a citizen or national of the U.S.

or a qualified alien as defined in 8

U.S.C. 1641(b) who meets one of the

exceptions in 8 U.S.C. 1612(a)(2).

Section 416.1610 of the regulations lists

the various types of evidence that an

individual can submit as proof that he

or she is a citizen or national. Among

the acceptable types of evidence for a

U.S. citizen or national is a religious

record of birth or baptism which shows

the individual was born in the U.S.

However, § 416.1610(a)(2) currently

does not specify that the place of

recordation must be in the U.S., nor

does it set any time limits on when the

record must have been established.

Prior SSA studies have shown that

religious records of birth or baptism

recorded in the U.S. within 3 months of

birth are generally reliable. Records

made after 3 months of birth are more

prone to fraud. While not a foolproof

fraud deterrent, these final regulations

will help to limit fraud by lessening the

chance of an individual later coming

into the U.S. and using a fraudulent

religious record of birth or baptism to

obtain SSI benefits.

Explanation of Revisions

In these final regulations, we are

revising § 416.1603(b) to define

precisely what we mean by ‘‘living

within the geographical limits of the

United States’’ and to reflect the

evidence required by § 416.1603(a). We

are also revising § 416.1610(a)(2) to

specify that, in addition to showing that

the individual was born in the U.S., a

religious record of birth or baptism must

have been recorded in the U.S. within

3 months of birth.

In addition, we are correcting a

typographical error in the wording of

the second sentence in § 416.1180

concerning income that is used or set

aside to be used under a plan to become

self-supporting.

On April 22, 1996, we published

proposed rules in the Federal Register

at 61 FR 17609 and provided a 60-day

period for interested individuals to

comment. We received no comments.

We are, therefore, publishing these final

rules unchanged.

Regulatory Procedures

Regulatory Flexibility Act

We certify that these final regulations

will not have a significant economic

impact on a substantial number of small

entities because they only affect

individuals who claim benefits under

title XVI of the Social Security Act.

Therefore, a regulatory flexibility

analysis as provided in Public Law 96–

354, the Regulatory Flexibility Act, is

not required.

Executive Order 12866

We have consulted with the Office of

Management and Budget (OMB) and

determined that these final regulations

do not meet the criteria for a significant

regulatory action under Executive Order

12866. Thus, they were not subject to

OMB review.

Paperwork Reduction Act

These final regulations impose no

reporting/recordkeeping requirements

necessitating clearance by OMB.

(Catalog of Federal Domestic Assistance

Program No. 96.006, Supplemental Security

Income)

List of Subjects in 20 CFR Part 416

Administrative practice and

procedure, Aged, Blind, Disability

benefits, Public assistance programs,

Reporting and recordkeeping

requirements, Supplemental Security

Income (SSI).

Dated: October 27, 1997.

Kenneth S. Apfel,

Commissioner of Social Security.

For the reasons set forth in the

preamble, we are amending subparts K

and P of part 416 of chapter III of title

20 of the Code of Federal Regulations as

set forth below.

PART 416—SUPPLEMENTAL

SECURITY INCOME FOR THE AGED,

BLIND, AND DISABLED

Subpart K—[Amended]

1. The authority citation for subpart K

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1602, 1611,

1612, 1613, 1614(f), 1621, and 1631 of the

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

1381a, 1382, 1382a, 1382b, 1382c(f), 1382j,

and 1383); sec. 211, Pub. L. 93–66, 87 Stat

154 (42 U.S.C. 1382 note).

2. Section 416.1180 is amended by

revising the second sentence to read as

follows:

§ 416.1180 General.

* * * If you are blind or disabled, we

will pay you SSI benefits and will not

count the part of your income that you

use or set aside to use under a plan to

become self-supporting. * * *

Subpart P—[Amended]

3. The authority citation for subpart P

of part 416 continues to read as follows:

Authority: Secs. 702(a)(5), 1614(a)(1)(B)

and (e), and 1631 of the Social Security Act

(42 U.S.C. 902(a)(5), 1382c(a)(1)(B) and (e),

and 1383); 8 U.S.C. 1254a; sec. 502, Pub. L.

94–241, 90 Stat. 268 (48 U.S.C. 1681 note).

4. Section 416.1603 is amended by

revising paragraph (b) to read as follows:

§ 416.1603 How to prove you are a

resident of the United States.

* * * * *

(b) What ‘‘resident of the United

States’’ means. We use the term resident

of the United States to mean a person

who has established an actual dwelling

place within the geographical limits of

the United States with the intent to

continue to live in the United States.

* * * * *

3. Section 416.1610 is amended by

revising paragraph (a)(2) to read as

follows:

§ 416.1610 How to prove you are a citizen

or a national of the United States.

(a) * * *

(2) A certified copy of a religious

record of your birth or baptism,

recorded in the United States within 3

months of your birth, which shows you

were born in the United States;

* * * * *

[FR Doc. 97–29187 Filed 11–4–97; 8:45 am]

BILLING CODE 4190–29–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 58

[AD–FRL–5903–5]

RIN 2060–AF71

Ambient Air Quality Surveillance for

Lead

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: Lead air pollution levels

measured near the Nation’s roadways

have decreased 97 percent between

1976 and 1995 with the elimination of

lead in gasoline used by on-road mobile

sources. Because of this historic

decrease, EPA is shifting its ambient air

monitoring focus from measuring lead

air pollutant concentrations emanating

from mobile source emissions toward a

focus on stationary point sources of lead