Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63681

Authority: 7 U.S.C. 1301, 1357 et seq.,

1372, 1373, 1375, and 7271.

2. Section 729.216 is amended by

revising paragraph (c) to read as follows:

§ 729.216 National poundage quota.

* * * * *

(c) Quota determination for individual

marketing years (excluding seed):

(1) The national poundage quota

(excluding seed) for quota peanuts for

marketing year 1996 is 1,100,000 short

tons.

(2) The national poundage quota

(excluding seed) for quota peanuts for

marketing year 1997 is 1,133,000 short

tons.

(3) The national poundage quota

(excluding seed) for quota peanuts for

marketing year 1998 will be set between

1,133,000 and 1,175,000 short tons.

PART 1446—PEANUTS

3. The authority citation for 7 CFR

part 1446 continues to read as follows:

Authority: 7 U.S.C. 7271, 15 U.S.C. 714b

and 714c.

4. Section 1446.310 is amended by

adding a new paragraph (c) to read as

follows:

§ 1446.310 Additional peanut support

levels.

* * * * *

(c) The national support rate for

additional peanuts for the 1998 crop

will be at a level which shall be between

$132 per short ton and $175 per short

ton.

5. Section 1446.311 is amended by

adding new paragraph (c) to read as

follows:

§ 1446.311 Minimum CCC sales price for

certain peanuts.

* * * * *

(c) The minimum CCC sales price for

additional peanuts to be sold from the

price support loan inventory for export

edible use from the 1998 and

subsequent crops will be between $350

and $400 per short ton or set by formula

as announced by the Director of the

Tobacco and Peanuts Division, FSA.

Signed at Washington, DC, on November

26, 1997.

Keith Kelly,

Administrator, Farm Service Agency and

Executive Vice President, Commodity Credit

Corporation.

[FR Doc. 97–31573 Filed 11–26–97; 3:08 pm]

BILLING CODE 3410–05–P

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 422

[Regulations No. 22]

RIN 0960–AE36

Permit the Department of State (DOS)

and the Immigration and Naturalization

Service (INS) to Collect Information

Needed to Assign Social Security

Numbers (SSNs) to Aliens

AGENCY: Social Security Administration

(SSA).

ACTION: Proposed rule.

SUMMARY: We are proposing to provide

a description of how DOS and INS will

provide the SSA with information,

collected as part of the immigration

process, to enable SSA to assign SSNs

and issue SSN cards to lawfully

admitted aliens. We also propose: to

amend the rule on the presumption of

authority of a nonimmigrant alien to

accept employment to include

circumstances where a Form I–94,

‘‘Arrival-Departure Record,’’ has not

been issued by INS; to remove outdated

rules on school and alien legalization

enumeration; to remove outdated rules

on the application for a nonwork SSN;

and to specifically acknowledge the

requirement to complete a Form SS–5,

‘‘Application For A Social Security

Card,’’ to obtain a duplicate SSN card.

DATES: To be sure that your comments

are considered, we must receive them

no later than February 2, 1998.

ADDRESSES: Comments should be

submitted in writing to the

Commissioner of Social Security, P.O.

Box 1585, Baltimore, MD 21235, 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

Building, 6401 Security Boulevard,

Baltimore, MD 21235–0001, between

8:00 A.M. and 4:30 P.M. on regular

business days. Comments may be

inspected during these same hours by

making arrangements with the contact

person shown below.

FOR FURTHER INFORMATION CONTACT:

Daniel T. Bridgewater, Legal Assistant,

Office of Process and Innovation

Management, Social Security

Administration, L2109 West Low Rise

Building, 6401 Security Boulevard,

Baltimore, MD 21235, (410) 965–3298

for information about these rules.

SUPPLEMENTARY INFORMATION:

Background

Currently, SSA assigns an SSN to an

alien when the individual submits to an

SSA field office a completed Form SS–

5 and documentary evidence of age,

identity, and lawful admission for

permanent residence or other authority

of law permitting work in the United

States (U.S.). Any applicant age 18 and

older applying for an original SSN must

appear for an in-person interview at any

SSA field office.

The second phase of the National

Performance Review (NPR), the Federal

Reinventing Government effort, was

announced by the President and Vice

President on December 19, 1994. It was

designed to focus attention on what

each agency does, examining its mission

and looking at its programs and

functions to see if there are ways to

provide better service to the public and,

at the same time, do business in a more

cost-effective manner, i.e., ‘‘make

government work better and cost less.’’

Each agency was asked to assemble a

team to review its own programs and

functions.

SSA’s team worked closely with a

team of representatives from the NPR

and the Office of Management and

Budget (OMB) to develop proposals for

consideration. One of these proposals

was for INS to assist SSA in

enumerating aliens. On April 11, 1995,

the President formally approved SSA’s

reinvention proposals and officially

announced them the next day. When we

began developing this proposal with

INS, we found that we needed to

include DOS to take into consideration

those aliens who enter the U.S. via

foreign service posts.

Proposed Changes

These proposed rules describe the

process by which elements of DOS and

INS would collect and then forward

enumeration information to SSA. Based

on agreements among the three agencies

(SSA, DOS, and INS), DOS and INS will

collect this information, and INS will

electronically transmit the information

to SSA. DOS and INS will modify their

forms to collect this information, and

INS will retain the forms, which will be

made available to SSA when necessary.

Assigning SSNs to aliens when they

enter the U.S., based on information

collected by DOS and INS as part of the

immigration process, would improve

the integrity of the SSN process. There

is widespread counterfeiting of INS

documents, and SSA employees must be

familiar with a variety of INS

documents and determine if those

presented are valid. By having INS

transmit enumeration information

directly to SSA, the potential for SSA

employees to inadvertently accept

inappropriate and/or counterfeit

documents will be reduced.
63682 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

This initiative also supports SSA’s

goal of providing world class service to

customers by making the means of

dealing with SSA as easy and

convenient as possible by providing

options for service delivery. Aliens who

currently must first contact INS and

subsequently contact SSA would be able

to accomplish both transactions in a

single contact.

Further, the proposed changes would

provide for increased overall Federal

government efficiency. The new process

would reduce the overall cost to the

government of administering the

enumeration process for aliens because

it would eliminate duplicate work done

by DOS, INS and SSA.

Because the involvement of the DOS

and INS would improve the integrity of

the SSN process for aliens, SSA is

eliminating the mandatory in-person

interview for aliens age 18 and older for

whom INS forwards enumeration

information to SSA. SSA will continue

to interview aliens who apply for SSNs

at SSA offices. This supports a 1995

recommendation from the Office of the

Inspector General concerning

transferring to INS and DOS the FO

interview workload for noncitizens

applying for an original SSN.

As part of the INS alien legalization

program required under the Immigration

Reform and Control Act of 1986, INS

accepted applications and evidence for

SSNs from legalization applicants and

forwarded the applications to SSA for

assignment of SSNs. Once the

legalization program ended on

September 30, 1991, INS notified SSA

that it was discontinuing the agreement

and has since referred all aliens to SSA

field offices to apply for SSN cards.

These proposed rules eliminate

references in the regulations to

procedures which are no longer in

effect.

The Tax Reform Act of 1986 required

taxpayers to show the Taxpayer

Identification Number (TIN) for any

dependent age 5 and older listed on tax

returns due on or after January 1, 1988.

In general, SSNs serve as TINs. In an

effort to lessen the burden on SSA field

offices, SSA offices initiated school

enumeration projects. Subsequent

legislation required TINs for all

dependents claimed on tax returns,

regardless of age, so that most children

have been assigned SSNs long before

reaching school age and school

enumeration projects are no longer

practical. These proposed rules

eliminate the reference to SSA entering

into agreements with school authorities.

Currently, an alien lawfully in the

United States without employment

authorization, who wants to obtain an

SSN, must provide evidence

documenting a valid nonwork reason for

needing an SSN, e.g., to receive a

Federally-funded benefit or enlist in the

uniformed services. Another reason,

currently shown in our rules, is the

Internal Revenue Service (IRS)

requirement relating to the use of SSNs

for tax purposes.

However, on July 1, 1996, IRS began

assigning Individual Taxpayer

Identification Numbers (ITINS) to aliens

who are otherwise not eligible for SSNs

but who need TINs for tax purposes.

Therefore, needing an SSN for IRS

reporting tax purposes is no longer a

valid nonwork reason for SSA to assign

an SSN, and we propose to eliminate

such references.

We also propose to amend our

regulations on presumption of authority

of a nonimmigrant alien to accept

employment. As currently written, the

regulations do not address the authority

of a nonimmigrant alien to accept

employment if INS has not issued the

alien a Form I–94, which is generally

issued by INS to a nonimmigrant alien

upon arrival in the United States. Under

certain circumstances, INS may grant

employment authorization to an alien

who has not been issued a Form I–94,

e.g., an alien whose lawful alien status

is pending, so that the individual may

work during the period the application

for lawful alien status is pending. The

proposed rules clarify that a

nonimmigrant alien who has not been

issued a Form I–94, which reflects a

classification permitting work, must

present a current employment

authorization document (EAD) or other

document authorized by INS which

permits the alien to work. Such

authority must be established before an

SSN card which is valid for work

purposes can be issued.

Additionally, we propose to

specifically acknowledge the

requirement to complete a Form SS–5 to

obtain a duplicate SSN card. Although

the completion of this form has been a

longstanding requirement, our current

rules do not specifically refer to it, as

they do so in the sections in this subpart

relating to applying for an original SSN

(see § 422.103) or a corrected SSN card

(see § 422.110).

Explanation of Revisions

We propose changes to §§ 422.103,

422.107 and 422.110 to implement the

initiative for DOS and INS to collect

information to assign SSNs to aliens and

a change to paragraph § 422.103(e) to

provide a specific rule on the

requirement to complete a Form SS–5 in

the case of applying for a duplicate SSN

card.

We propose changes to §§ 422.104(b)

and 422.107(a) to eliminate the

references to IRS tax purposes as a valid

nonwork reason for SSA to assign an

SSN and to § 422.105 to address the

authority of a nonimmigrant alien to

accept employment if INS has not

issued the alien a Form I–94.

Additionally, we propose to eliminate

references in § 422.106 to procedures

concerning legalization applicants and

SSA agreements with school authorities

which are no longer in effect and to

amend § 422.107 to eliminate the

interview requirement for aliens for

whom INS forwards enumeration data

to SSA.

Electronic Version

The electronic file of this document is

available on the Federal Bulletin Board

(FBB) at 9:00 A.M. on the date of

publication in the Federal Register. To

download the file, modem dial (202)

512–1387. The FBB instructions will

explain how to download the file and

the fee. This file is in WordPerfect and

will remain on the FBB during the

comment period.

Regulatory Procedures

Executive Order 12866

We have consulted with the OMB and

determined that these proposed rules

meet the criteria for a significant

regulatory action under Executive Order

12866. Therefore, we have prepared an

assessment of the potential costs and

benefits of this regulatory action.

Currently, SSA employees review

evidence and process applications for

all aliens who are issued SSN cards. INS

estimates 1.8 million work-authorized

aliens enter the United States yearly.

SSA processes about 2 million

enumeration actions for aliens annually.

In fiscal year 1996, SSA issued 1 million

original SSN cards to work-authorized

aliens and 774,000 replacement cards to

work-authorized aliens. In addition,

SSA issued 325,000 original and 40,000

replacement SSN cards to aliens

without work authorization. We

estimate that the current process costs

SSA about 385 workyears in the field for

this workload.

Having DOS and INS collect

enumeration information for aliens and

having INS electronically transmit that

information to SSA will provide overall

government savings. Aliens who

currently first contact DOS (at the

foreign service post), INS (at the port-ofentry), and subsequently contact SSA (at

an SSA field office) for an SSN card

now will be able to apply for an SSN

card via their contacts with DOS and/or

INS. This proposed process will also
Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules 63683

improve the integrity of the

enumeration process and reduce the

potential for assigning an SSN based on

a fraudulent INS document.

DOS and INS already collect, as part

of the immigration process, some of the

information that SSA needs to assign an

SSN. This proposed process will

eliminate duplicate collection of

information by SSA of the data elements

already collected by DOS and/or INS for

immigration purposes and provide for

better overall government efficiency.

DOS and INS will collect the

information needed to assign an SSN on

a immigration form, adding questions to

collect the information that SSA needs

to assign an SSN, but which is not

collected for immigration purposes.

These agencies will archive the

immigration form which documents the

alien’s request for an SSN and retrieve

it upon SSA’s request.

INS will be reimbursed for the time

spent collecting data not needed for

immigration purposes. With the

proposed changes, INS has previously

estimated that its costs will be about $6

million per year, and SSA would agree

to reimburse INS for its costs. DOS has

indicated that it will not ask for

reimbursement.

SSA’s annual cost for original and

replacement SSN cards for those aliens

for whom DOS and INS will collect SSN

information would be about $12 million

or 232 workyears. This leaves a net

savings to SSA of about $6 million per

year if the INS estimate is accurate. The

estimated savings are based on the

difference between the current SSA

interviewing and information collection

costs and the expected INS costs for

those aliens who would be subject to the

processes described by the agreements

among SSA, DOS, and INS.

Initially, INS and DOS will be able to

collect information for SSA to

enumerate about 60 percent of all

lawfully admitted aliens who need

SSNs. INS estimates that it will be at

least several years before it will be able

to collect that information for the other

40 percent.

We considered outstationing SSA

employees at INS offices. In some

regions, SSA field offices, working with

local INS offices, have implemented this

arrangement as an interim measure until

INS is able to electronically provide

enumeration data centrally to SSA.

Outstationing is not a viable alternative

to the proposed procedures since it does

not result in savings to SSA and since

it cannot reach aliens at all ports-ofentry.

Regulatory Flexibility Act

We certify that these proposed rules

will not have a significant economic

impact on a substantial number of small

entities since these rules affect only

individuals and Federal agencies.

Therefore, a regulatory flexibility

analysis as provided in the Regulatory

Flexibility Act, as amended, is not

required.

Paperwork Reduction Act

SSA is imposing no additional

reporting or record keeping

requirements subject to OMB clearance

in these proposed rules.

(Catalog of Federal Domestic Assistance

Program Nos. 96.001 Social Security—

Disability Insurance; 96.002 Social

Security—Retirement Insurance; 96.003

Social Security—Special Benefits for Persons

Aged 72 and Over; 96.006 Supplemental

Security Income)

List of Subjects in 20 CFR Part 422

Administrative practice and

procedure, Organization and functions

(Government agencies), Social security.

John J. Callahan,

Acting Commissioner of Social Security.

For the reasons set out in the

preamble, subpart B of 20 CFR 422 is

proposed to be amended as follows:

PART 422—ORGANIZATION AND

PROCEDURES

Subpart B—[Amended]

1. The authority citation for subpart B

of part 422 continues to read as follows:

Authority: Secs. 205, 232, 702(a)(5), 1131,

and 1143 of the Social Security Act (42

U.S.C. 405, 432, 902(a)(5), 1320b–1, and

1320b–13).

2. Section 422.103 is amended by

adding paragraphs (b)(3) and (c)(3) and

revising paragraph (e) to read as follows:

§ 422.103 Social security numbers.

* * * * *

(b) * * *

(3) Immigration form. SSA may enter

into an agreement with the Department

of State (DOS) and the Immigration and

Naturalization Service (INS) to assist

SSA by collecting enumeration data as

part of the immigration process. Where

an agreement is in effect, an alien need

not complete a Form SS–5 with SSA

and may request, through DOS or INS,

as part of the immigration process, that

SSA assign a social security number and

issue a social security number card to

him/her. Requests for SSNs to be

assigned via this process will be made

on forms provided by DOS and INS.

(c) * * *

(3) Request on immigration document.

Where an alien has requested a social

security number as part of the

immigration process described in

paragraph (b)(3) of this section, INS will

electronically transmit to SSA’s central

office in Baltimore, MD, the data

elements collected for immigration

purposes, by both INS and DOS, that

SSA needs to enumerate the alien along

with other data elements as agreed upon

by SSA and DOS or INS. The data

elements received by SSA will be used

to establish the age, identity, and lawful

alien status or authority to work of the

alien. Using this data, SSA will assign

a social security number to the alien and

send the social security number card to

him/her at the address the alien

provides to DOS or INS.

* * * * *

(e) Replacement of social security

number card. In the case of a lost or

damaged social security number card, a

duplicate card bearing the same name

and number may be issued. In the case

of a need to change the name on the

card, a corrected card bearing the same

number and the new name may be

issued. In both cases, a Form SS–5 must

be completed. A Form SS–5 can be

obtained from any Social Security office

or from one of the sources noted in

paragraph (b) of this section. For

evidence requirements, see § 422.107.

3. Section 422.104 is amended by

revising paragraph (a)(3) and paragraph

(b) to read as follows:

§ 422.104 To whom social security

numbers are assigned.

(a) * * *

(3) An alien who is legally in the

United States but not under authority of

law permitting him or her to engage in

employment, but only for a valid

nonwork purpose. (See § 422.107.)

(b) Persons without evidence of alien

status. A social security number may be

assigned for a nonwork purpose to an

alien who cannot provide the evidence

of alien status as required by

§ 422.107(e), if the evidence described

in that paragraph does not exist and if

the alien resides either in or outside the

United States and a social security

number is required by law as a

condition of the alien’s receiving a

federally-funded benefit to which the

alien has established entitlement.

* * * * *

4. Section 422.105 is revised to read

as follows:

§ 422.105 Presumption of authority of

nonimmigrant alien to accept employment.

A nonimmigrant alien shall be

presumed to have permission to engage

in employment if the alien presents a
63684 Federal Register / Vol. 62, No. 231 / Tuesday, December 2, 1997 / Proposed Rules

Form I–94 issued by the Immigration

and Naturalization Service (INS) that

reflects a classification permitting work.

(See 8 CFR 274a.12 for Form I–94

classifications.) A nonimmigrant alien

who has not been issued a Form I–94,

or whose Form I–94 does not reflect a

classification permitting work, must

submit a current document authorized

by the INS that verifies authorization to

work has been granted, e.g., an

employment authorization document, to

enable SSA to issue an SSN card that is

valid for work purposes.

5. Section 422.106 is amended by

removing paragraph (b), redesignating

paragraph (c) as paragraph (b), and by

revising paragraph (a) to read as follows:

§ 422.106 Filing applications with other

government agencies.

(a) Agreements. In carrying out its

responsibilities to assign social security

numbers, SSA enters into agreements

with the United States Attorney

General, other Federal officials, and

State and local welfare agencies. An

example of these agreements is

discussed in paragraph (b) of this

section.

* * * * *

6. Section 422.107 is amended by

revising paragraph (a) and the seventh

sentence of paragraph (e) to read as

follows:

§ 422.107 Evidence requirements.

(a) General. An applicant for an

original social security number card

must submit documentary evidence

which the Commissioner of Social

Security regards as convincing evidence

of age, U.S. citizenship or alien status,

and true identity. An applicant for a

duplicate or corrected social security

number card must submit convincing

documentary evidence of identity and

may also be required to submit

convincing documentary evidence of

age and U.S. citizenship or alien status.

An applicant for an original, duplicate,

or corrected social security number card

is also required to submit evidence to

assist us in determining the existence

and identity of any previously assigned

number(s). A social security number

will not be assigned, or an original,

duplicate, or corrected card issued,

unless all the evidence requirements are

met. An in-person interview is required

of an applicant who is age 18 or older

applying for an original social security

number except for an alien who requests

a social security number as part of the

immigration process as described in

§ 422.103(b)(3). An in-person interview

may also be required of other

applicants. All documents submitted as

evidence must be originals or certified

copies of the original documents and are

subject to verification with the

custodians of the original records.

* * * * *

(e) Evidence of alien status. * * * If

the applicant requests the number for a

nonwork purpose and provides

evidence documenting that the number

is needed for a valid nonwork purpose,

the number may be assigned and the

card issued will be annotated with a

nonwork legend. * * *

* * * * *

7. Section 422.110 is revised to read

as follows:

§ 422.110 Individual’s request for change

in record.

(a) Form SS–5. An individual who

wishes to change the name or other

personal identifying information

previously submitted in connection

with an application for a social security

number card may complete and sign a

Form SS–5 except as provided in

paragraph (b) of this section. The person

must prove his/her identity and may be

required to provide other evidence. (See

§ 422.107 for evidence requirements.) A

Form SS–5 may be obtained from any

local social security office or from one

of the sources noted in § 422.103(b). The

completed request for change in records

may be submitted to any SSA office, or,

if the individual is outside the U.S., to

the Department of Veterans Affairs

Regional Office, Manila, Philippines, or

to any U.S. foreign service post or U.S.

military post. If the request is for a

change in name, a new social security

number card with the new name and

bearing the same number previously

assigned will be issued to the person

making the request.

(b) Assisting in enumeration. SSA

may enter into an agreement with

officials of the Department of State and

the Immigration and Naturalization

Service to assist SSA by collecting as

part of the immigration process

information to change the name or other

personal identifying information

previously submitted in connection

with an application or request for a

social security number card. If the

request is for a change in name, a new

social security card with the new name

and bearing the same number

previously assigned will be issued.

[FR Doc. 97–31459 Filed 12–1–97; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 917

[OH–242–FOR]

Ohio Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Proposed rule; reopening of

comment period.

SUMMARY: OSM is reopening the public

comment period on a proposed

amendment to the Ohio permanent

regulatory program (hereinafter referred

to as the ‘‘Ohio program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

changes to the provisions of the Ohio

rules pertaining to attorney fees. The

amendment is intended to revise the

Ohio program to be consistent with the

corresponding Federal regulations.

DATES: Written comments must be

received by 4:00 p.m., [e.s.t.] December

17, 1997.

ADDRESSES: Written comments and

requests to speak at the hearing should

be mailed or hand delivered to George

Rieger, Field Branch Chief, at the

address listed below.

Copies of the Ohio program, the

proposed amendment, a listing of any

scheduled public hearings, and all

written comments received in response

to this document will be available for

public review at the addresses listed

below during normal business hours,

Monday through Friday, excluding

holidays. Each requester may receive

one free copy of the proposed

amendment by contacting OSM’s

Appalachian Regional Coordinating

Center.

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Office of Surface Mining

Reclamation and Enforcement, 3

Parkway Center, Pittsburgh, PA

15520, Telephone: (412) 937–2153

Ohio Division of Mines and

Reclamation, 1855 Fountain Square,

Columbus, OH 43224, Telephone:

(614) 265–1076

FOR FURTHER INFORMATION CONTACT:

George Rieger, Field Branch Chief,

Appalachian Regional Coordinating

Center, Telephone: (412) 937–2153.

SUPPLEMENTARY INFORMATION:

I. Background on the Ohio Program

On August 16, 1982, the Secretary of

the Interior conditionally approved the