Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations 28835

SOCIAL SECURITY ADMINISTRATION

20 CFR Part 404

RIN 0960–AE69

Coverage of Employees of State and

Local Governments; Office of

Management and Budget (OMB)

Control Number

AGENCY: Social Security Administration

(SSA).

ACTION: Final rule.

SUMMARY: We revised our regulations

which contain the rules on providing

Social Security coverage for the services

of employees of State and local

governments and interstate

instrumentalities on August 29, 1988

(53 FR 32972). The regulations were

effective August 29, 1988 with the

exception of several sections which

contained information collection and

recordkeeping requirements which were

not effective until they were

subsequently approved by OMB. This

final regulation notifies the public that

the information collection and

recordkeeping requirements for those

sections were approved by OMB and

provides the OMB control number. It

also provides the OMB control number

for the information collection

requirements in two additional sections.

EFFECTIVE DATES: This amendment is

effective on May 25, 2001. 20 CFR

404.1203, 404.1204(a)(5) and (b),

404.1214(d), 404.1216(a), 404.1220.

404.1225, 404.1237, 404.1239, 404.1242,

404.1243, 404.1247, 404.1249, 404.1251,

404.1265, 404.1271, 404.1272 became

effective on December 2, 1988 when

OMB approved the information

collection and recordkeeping

requirements.

The reporting requirements in

§ 404.1215 were approved by OMB on

May 23, 1996, and the reporting

requirements in § 404.1292 were

approved by OMB on August 16, 1999.

FOR FURTHER INFORMATION CONTACT:

Georgia E. Myers, Regulations Officer,

Office of Process and Innovation

Management, Social Security

Administration, 2109 West Low Rise

Building, 6401 Security Boulevard,

Baltimore, MD 21235–6401, (410) 965–

1713 or TTY (410) 966–5609. For

information on eligibility, claiming

benefits, or coverage of earnings, 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 www.ssa.gov.

SUPPLEMENTARY INFORMATION: Under the

provisions of the Paperwork Reduction

Acts of 1980 and 1995, Federal agencies

are required to obtain OMB approval of

information collection and

recordkeeping requirements that are

contained in any regulations they

publish. Once OMB has given its

approval, OMB’s regulations

recommend that Federal agencies, in

certain situations, display the control

number assigned by OMB as part of the

agency’s regulatory text.

When we published a revision to 20

CFR 404, subpart M in the Federal

Register on August 29, 1988 (53 FR

32972), several sections of subpart M

(§§ 404.1203, 404.1204(a)(5) and (b),

404.1214(d), 404.1216(a), 404.1220,

404.1225, 404.1237, 404.1239, 404.1242,

404.1243, 404.1247, 404.1249, 404.1251,

404.1265, 404.1271 and 404.1272)

contained information collection and

recordkeeping requirements requiring

OMB approval. We stated in the

Preamble to those regulations that the

regulations containing information

collection and recordkeeping

requirements were not effective on

August 29, 1988, but would be effective

upon OMB approval of those

requirements. We also stated in the

Preamble that when OMB gave its

approval, notification of the approval

would be published in the Federal

Register.

As required by OMB’s regulations in

effect at that time, we published a notice

in the Federal Register on October 7,

1988 (53 FR 39523) stating we had

submitted these information collection

and recordkeeping requirements to

OMB for approval. OMB approved the

information collection and

recordkeeping requirements under

control number 0960–0425 on December

2, 1988. On March 15, 1991, we

published a notice in the Federal

Register at 56 FR 11234 which advised

the public that OMB had approved the

reporting and recordkeeping

requirements and provided the OMB

control number and period of approval.

We requested an extension of the

OMB approval of the information

collection and recordkeeping

requirements and published notices in

the Federal Register on April 7, 1999

(64 FR 17051) and June 18, 1999 (64 FR

32913). The public had 60 days from the

April 7, 1999 notice to comment and 60

days from the June 18, 1999 notice to

comment; however, no public

comments were received. OMB

approved our request for extension of

approval on August 16, 1999.

When the regulations were published

on August 29, 1988, the Office of the

Federal Register (OFR) added Effective

Date Notes to the end of each of the

sections designated as not being in

effect because they contained

information collection and

recordkeeping requirements subject to

OMB approval. These Effective Date

Notes say that the sections will become

effective upon approval of the reporting

and recordkeeping requirements by

OMB. When we amended § 404.1220 on

August 16, 1995 (60 FR 42431), the

Effective Date Note was still included

with that section even though we had

obtained OMB approval. OFR advised

us that, in order for them to remove the

Effective Date Notes, we must publish

another regulation; i.e., they could not

be removed on the basis of the notice we

had published on March 15, 1991. The

regulation would notify the public that

OMB has given its approval and that the

regulations containing the information

collection and recordkeeping

requirements are in effect. Therefore, in

this final rule, we are publishing such

a notification and are amending our

regulations to show the OMB control

number at the end of each section.

In addition, § 404.1215 contains

information collection requirements. As

required by OMB’s regulations, we

published notices in the Federal

Register on December 29, 1995 (60 FR

67387) and March 15, 1996 (61 FR

10838) concerning the collection request

in § 404.1215. The public had 60 days

from the December 29, 1995 notice to

comment on it and 30 days from the

March 15, 1996 notice to comment;

however, no public comments were

received. OMB approved the

information collection requirements for

§ 404.1215 on May 23, 1996 and

assigned a control number (0960–0425).

We requested an extension of the OMB

approval for the information collection

requirements in this section, along with

the other regulations sections previously

discussed in this Preamble, and

published notices in the Federal

Register on April 7, 1999 (64 FR 17051)

and June 18, 1999 (64 FR 32913). As

previously stated, OMB approved the

request for extension of approval on

August 16, 1999. We are now amending

our regulations to show the OMB

control number at the end of § 404.1215.

Finally, § 404.1292 also contains

information collection requirements. We

submitted § 404.1292 with the other

regulatory sections previously discussed

in this Preamble in the request for an

extension of the OMB approval, and

published the notices in the Federal

Register on April 7, 1999 (64 FR 17051)

and June 18, 1999 (64 FR 32913). As

previously discussed, OMB approved

the request on August 16, 1999. We are

now amending our regulations to show

the OMB control number at the end of

§ 404.1292.

28836 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations

Regulatory Procedures

Justification for Final Rule

Pursuant to section 702(a)(5) of the

Social Security Act, SSA follows the

Administrative Procedure Act (APA)

rulemaking procedures specified in 5

U.S.C. 553 in the development of its

regulations. The APA provides

exceptions to its 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. We have

determined that, under 5 U.S.C.

553(b)(B), good cause exists for waiver

of the notice and public comment

procedures for this regulation because

those procedures are unnecessary in this

situation. This regulation does not

contain discretionary policy or

substantive change, but merely notifies

the public of prior OMB approval for the

information collection and

recordkeeping requirements contained

in several sections and supplies the

OMB control number for several

sections. Therefore, we are issuing this

regulation as a final rule.

In addition, we find good cause for

dispensing with the 30-day delay in the

effective date, as provided by 5 U.S.C.

553(d), because such delay in

unnecessary. This is not a substantive

rule. It merely notifies the public of

prior OMB approval for several sections

and provides the OMB control number

for several sections.

Executive Order 12866

We have consulted with OMB and

determined that this rule does not meet

the criteria for a significant regulatory

action under Executive Order 12866.

Thus, it was not subject to OMB review.

We have also determined that this final

rule meets the plain language

requirement of Executive Order 12866.

Regulatory Flexibility Act

We certify that this final regulation

will not have a significant economic

impact on a substantial number of small

entities, including small governmental

jurisdictions. Therefore, a regulatory

flexibility analysis as provided in the

Regulatory Flexibility Act, as amended,

is not required.

Paperwork Reduction Act

This final regulation imposes no

additional reporting/recordkeeping

requirements necessitating clearance by

OMB.

(Catalog of Federal Domestic Assistance

Program No. 96.001 Social Security—

Disability Insurance; 96.002 Social

Security—Retirement Insurance; and 96.004

Social Security—Survivors Insurance)

List of Subjects in 20 CFR Part 404

Administrative practice and

procedure, Blind, Disability benefits,

Old-age, Survivors and Disability

insurance, Reporting and recordkeeping

requirements, Social security.

Dated: May 18, 2001.

Larry G. Massanari,

Acting Commissioner of Social Security.

For the reasons set forth in the

preamble, subpart M of 20 CFR part 404

is amended as set forth below.

PART 404—FEDERAL OLD-AGE,

SURVIVORS AND DISABILITY

INSURANCE (1950– )

Subpart M—[Amended]

1. The authority citation for subpart M

of part 404 continues to read as follows:

Authority: Secs. 205, 210, 218, and

702(a)(5) of the Social Security Act (42 U.S.C.

405, 410, 418, and 902(a)(5)); sec. 12110, Pub.

L. 99–272, 100 Stat. 287 (42 U.S.C. 418 note);

sec. 9002, Pub. L. 99–509, 100 Stat. 1970.

2. A parenthetical is added to the end

of sections 404.1203, 404.1204,

404.1214, 404.1215, 404.1216, 404.1220,

404.1225, 404.1237, 404.1239, 404.1242,

404.1243, 404.1247, 404.1249, 404.1251,

404.1265, 404.1271, 404.1272, and

404.1292 to read as follows:

(Approved by the Office of Management and

Budget under control number 0960–0425.)

[FR Doc. 01–13242 Filed 5–24–01; 8:45 am]

BILLING CODE 4191–02–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[Docket No. AK–01–003b; FRL–6986–4]

Clean Air Act Promulgation of

Attainment Date Extension for the

Fairbanks North Star Borough Carbon

Monoxide Nonattainment Area, AK

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is approving a one-year

extension of the attainment date for the

Fairbanks North Star Borough (FNSB),

Alaska nonattainment area for carbon

monoxide (CO). FNSB failed to attain

the National Ambient Air Quality

Standards (NAAQS) for CO by the

applicable attainment date of December

31, 2000. This action is based on EPA’s

evaluation of air quality monitoring data

and the extension request submitted by

the Commissioner, Alaska Department

of Environmental Conservation (ADEC)

on March 29, 2001, in accordance with

section 186(a)(4) of the Clean Air Act

(CAA).

DATES: This action is effective on July

24, 2001 unless EPA receives adverse

comments by June 25, 2001. If adverse

comments are received, EPA will

publish a timely withdrawal of the

direct final rule in the Federal Register

informing the public that the rule will

not take effect.

ADDRESSES: Written comments may be

mailed to Connie Robinson, EPA,

Region 10, Office of Air Quality, OAQ–

107, 1200 Sixth Ave., Seattle, WA

98101. Copies of the documents relevant

to this action are available for public

inspection during normal business

hours at EPA, Region 10, 1200 Sixth

Ave., Seattle, WA 98101. Copies of the

state documents relevant to this action

are available for public inspection at the

Alaska Department of Environmental

Conservation, 410 Willoughby, Suite

303, Juneau, Alaska 99801–1795.

FOR FURTHER INFORMATION CONTACT:

Connie Robinson, EPA, Region 10,

Office of Air Quality, OAQ–107, 1200

Sixth Ave., (206) 553–1086.

SUPPLEMENTARY INFORMATION:

Throughout this document, wherever

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean

the Environmental Protection Agency

(EPA). This supplementary information

is organized as follows:

I. Background

A. Designation and Classification of CO

Nonattainment Areas.

B. How Does EPA Make Attainment

Determinations?

C. What are the CAA Requirements for an

Attainment Date Extension that Apply to

FNSB?

II. EPA’s Action

A. What is EPA Approving?

B. What is the History Behind this

Approval?

III. Basis for EPA’s Action

A. Air Quality Data

B. Compliance with the Applicable SIP

C. Substantial Implementation of Control

Measures

D. Reasonable Further Progress

IV. Summary of Action

V. Administrative Requirements

I. Background

A. Designation and Classification of CO

Nonattainment Areas

Upon enactment of the 1990 CAA

Amendments, areas meeting the

requirements of section 107(d) of the

CAA were designated nonattainment for

CO by operation of law and classified

either ‘‘moderate’’ or ‘‘serious.’’

Moderate CO nonattainment areas with