[Federal Register Volume 66, Number 102 (Friday, May 25, 2001)]
[Rules and Regulations]
[Pages 28835-28836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13242]



[[Page 28835]]

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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.

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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 Sec. 404.1215 were approved by OMB on 
May 23, 1996, and the reporting requirements in Sec. 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 (Secs. 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 Sec. 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, Sec. 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 Sec. 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 Sec. 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 Sec. 404.1215.
    Finally, Sec. 404.1292 also contains information collection 
requirements. We submitted Sec. 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 Sec. 404.1292.

[[Page 28836]]

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]
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