[Federal Register Volume 74, Number 68 (Friday, April 10, 2009)]
[Rules and Regulations]
[Pages 16326-16327]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8213]


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SOCIAL SECURITY ADMINISTRATION

20 CFR Parts 403 and 429

[Docket No. SSA-2009-0015]
RIN 0960-AG99


Testimony by Employees and the Production of Records and 
Information in Legal Proceedings, Claims Against the Government Under 
the Federal Tort Claims Act, and Claims Under the Military Personnel 
and Civilian Employees' Claim Act of 1964; Change of Address for 
Requests

AGENCY: Social Security Administration.

ACTION: Final rule.

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SUMMARY: This final rule updates the address of the post office boxes 
used to file applications for testimony of a Social Security 
Administration (SSA) employee and claims made pursuant to either the 
Federal Tort Claims Act or the Military Personnel and Civilian 
Employees' Claims Act of 1964.

DATES: This final rule is effective April 10, 2009.

FOR FURTHER INFORMATION CONTACT: Suzanne DiMarino, Office of 
Regulations, Social Security Administration, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401. Call (410) 965-1769 for further 
information about these rules. 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 Web 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.

Why are we revising these rules?

    Our regulations currently provide that if you would like an SSA 
employee to testify in a legal proceeding to which we are not a party, 
you must mail an application to a specific post office box address. 20 
CFR 403.102(c). We established a separate post office box address for 
filing claims against the government under either the Federal Tort 
Claims Act or the Military Personnel and Civilian Employees' Claims Act 
of 1964. 20 CFR 429.102 and 202. We are updating our regulations to 
reflect changes in the address for these post office boxes. We are not 
making any substantive changes to the regulations.

Regulatory Procedures

Justification for Final Rule

    We follow the Administrative Procedure Act (APA) rulemaking 
procedures specified in 5 U.S.C. 553 in the development of our 
regulations. The Social Security Act, 702(a)(5); 42 U.S.C. 902(a)(5). 
The APA provides exceptions to its prior notice and public comment 
procedures when an agency finds there is good cause for dispensing with 
such procedures on the basis that they are impracticable, unnecessary, 
or contrary to the public interest.
    In the case of this final rule, we have determined that good cause 
exists for dispensing with the notice and public comment procedures 
because such procedures are unnecessary. 5 U.S.C. 553(b)(B).

Executive Order 12866

    We have consulted with the Office of Management and Budget (OMB) 
and determined that this final rule does not meet the criteria for a 
significant

[[Page 16327]]

regulatory action under Executive Order 12866. Thus, it was not subject 
to OMB review.

Regulatory Flexibility Act

    We certify that this final rule will not have a significant 
economic impact on a substantial number of small entities because they 
affect only individuals. Thus, a regulatory flexibility analysis as 
provided in the Regulatory Flexibility Act, as amended, is not 
required.

Paperwork Reduction Act

    These proposed rules do not pose any public reporting requirements 
and are, therefore, not subject to the requirements of the Paperwork 
Reduction Act.

(Catalog of Federal Domestic Program Nos. 96.001, Social Security--
Disability Insurance; 96.002, Social Security--Retirement Insurance; 
96.004, Social Security--Survivors Insurance; 96.005, Special 
Benefits for Disabled Coal Miners; 96.006, Supplemental Security 
Income; and 96.020, Special Benefits for Certain World War II 
Veterans)

List of Subjects

20 CFR Part 403

    Courts, Government employees.

20 CFR Part 429

    Administrative practice and procedure, Claims, Government 
employees, and penalties.

    Dated: April 2, 2009.
Michael J. Astrue,
Commissioner of Social Security.

0
For the reasons set out in the preamble, parts 403 and 429 of chapter 
III of title 20 of the Code of Federal Regulations are amended as 
follows:

PART 403--TESTIMONY BY EMPLOYEES AND THE PRODUCTION OF RECORDS AND 
INFORMATION IN LEGAL PROCEEDINGS

0
1. The authority citation for part 403 continues to read as follows:

    Authority:  Secs. 702(a)(5) and 1106 of the Act, (42 U.S.C. 
902(a)(5) and 1306); 5 U.S.C. 301; 31 U.S.C. 9701.


0
2. In Sec.  403.120, revise paragraph (c) to read as follows:


Sec.  403.120  How do you request testimony?

* * * * *
    (c) You must send your application for testimony to: Social 
Security Administration, Office of the General Counsel, Office of 
General Law, P.O. Box 17788, Baltimore, Maryland, 21235-7788, Attn: 
Touhy Officer. (If you are requesting testimony of an employee of the 
Office of the Inspector General, send your application to the address 
in Sec.  403.125.)
* * * * *

PART 429--ADMINISTRATIVE CLAIMS UNDER THE FEDERAL TORT CLAIMS ACT 
AND RELATED STATUTES

0
3. The authority citation for part 429 continues to read as follows:

    Authority:  Secs. 702(a)(5) of the Social Security Act (42 
U.S.C. 902(a)(5)); 28 U.S.C. 2672; 28 CFR 14.11; 31 U.S.C. 3721.

Subpart A--[Amended]

0
4. In Sec.  429.102, revise paragraph (c) to read as follows:


Sec.  429.102  How do I file a claim under this subpart?

* * * * *
    (c) Where to obtain claims forms and file claims. You can obtain 
claims forms by writing to the Social Security Administration, Office 
of the General Counsel, Office of General Law, P.O. Box 17788, 
Baltimore, Maryland 21235-7788. You may also file your claim with the 
Social Security Administration at this same address.

Subpart B--[Amended]

0
5. In Sec.  429.202, revise paragraph (b) to read as follows:


Sec.  429.202  How do I file a claim under this subpart?

* * * * *
    (b) Where to file. You must file your claim with the Social 
Security Administration, Office of the General Counsel, Office of 
General Law, P.O. Box 17788, Baltimore, Maryland 21235-7788.
* * * * *
[FR Doc. E9-8213 Filed 4-9-09; 8:45 am]
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