Federal Register / Vol. 70, No. 199 / Monday, October 17, 2005 / Notices 60383 

SMALL BUSINESS ADMINISTRATION 

Public Federal Regulatory 

Enforcement Fairness Hearing, Region 

II Regulatory Fairness Board 

The U.S. Small Business 

Administration (SBA) Region II 

Regulatory Fairness Board and the SBA 

Office of the National Ombudsman will 

hold a public hearing on Wednesday, 

October 26, 2005, at 9 a.m. The meeting 

will take place at the New Jersey District 

Office, 2 Gateway Center, 15th Floor, 

Newark, NJ to receive comments and 

testimony from small business owners, 

small government entities, and small 

non-profit organizations concerning 

regulatory enforcement and compliance 

actions taken by Federal agencies. 

Anyone wishing to attend or to make 

a presentation must contact Claudia 

Yarborough, in writing or by fax, in 

order to be put on the agenda. Claudia 

Yarborough, Paralegal Specialist, SBA, 

New Jersey District Office, 2 Gateway 

Center, 15th Floor, New Jersey, NJ 

07102–5003, phone (973) 645–3974, fax 

(202) 481–0830, e-mail: 

Claudia.Yarborough@sba.gov. 

For more information, see our Web 

site at http://www.sba.gov/ombudsman. 

Matthew K. Becker, 

Committee Management Officer. 

[FR Doc. 05–20665 Filed 10–14–05; 8:45am] 

BILLING CODE 8025–01–M 

SOCIAL SECURITY ADMINISTRATION 

Privacy Act of 1974; as Amended 

Alteration to Existing Systems of 

Records 

AGENCY: Social Security Administration 

(SSA) 

ACTION: Altered systems of records. 

SUMMARY: In accordance with the 

Privacy Act (5 U.S.C. 552a (e)(4)), we are 

issuing public notice of our intent to 

alter and make minor housekeeping 

changes to two existing systems of 

records, the Working File of the Appeals 

Council, HHS/SSA/OHA, 09–60–0004, 

and the Administrative Law Judge 

Working File on Claimant Cases System, 

HHS/SSA/OHA, 09–60–0005, 

hereinafter referred to as the ALJ 

Working File, as follows: 

• Expansion of the record storage 

medium in each system of records to 

include the maintenance of records in 

electronic form; 

• Housekeeping changes that will 

result in corrections in the systems of 

records reference number; 

• System name; 

• Notification procedures; 

• Record access procedures; and 

• Contesting records procedures. 

We also propose to make 

housekeeping changes to the SSA 

Litigation Tracking System, HHS/SSA/ 

LS, 09–60–0186 system of records to 

more accurately reflect the current 

functions of that system. The proposed 

changes will include corrections to the 

following sections of the notice of the 

SSA Litigation Tracking system of 

records: 

• Systems of records reference 

number; 

• System name; 

• Notification procedures; 

• Record access procedures; 

• Contesting record procedures; and 

• System manager. 

The proposed alteration and 

housekeeping changes are discussed in 

the Supplementary Information section 

below. We invite public comments on 

this proposal. 

DATES: We filed a report of the proposed 

altered systems of records with the 

Chairman of the Senate Committee on 

Homeland Security and Governmental 

Affairs, the Chairman of the House 

Committee on Government Reform, and 

the Director, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget (OMB) on 

October 5, 2005. The proposed altered 

systems of records will become effective 

on November 14, 2005 unless we 

receive comments that would result in 

a contrary determination. 

ADDRESSES: Interested individuals may 

comment on this publication by writing 

to the Executive Director, Office of 

Public Disclosure, Office of the General 

Counsel, Social Security 

Administration, 3–A–6 Operations 

Building, 6401 Security Boulevard, 

Baltimore, Maryland 21235–6401. All 

comments received will be available for 

public inspection at the above address. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine W. Johnson, Lead Social 

Insurance Specialist, Strategic Issues 

Team, Office of Public Disclosure, 

Office of the General Counsel, Social 

Security Administration, Room 3–A–6 

Operations Building, 6401 Security 

Boulevard, Baltimore, Maryland 21235–

6401, telephone at (410) 965–8563, 

e-mail: chris.w.johnson@ssa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background and Purpose of Proposed 

Alteration to the ALJ Working File and 

Working File of the Appeals Council 

Systems of Records 

A. General Background 

Under Titles II and XVI of the Social 

Security Act, an individual who has 

received a partly or wholly unfavorable 

determination on a claim for benefits 

has a right to a hearing before an 

Administrative Law Judge (ALJ). An 

individual also has a right to an Appeals 

Council (AC) review of the ALJ’s 

decision. 

During the course of adjudicating the 

claim at the hearing level, ALJs and 

their staffs may make notes regarding 

the evidence, testimony, legal theories, 

merits of the case, and opinions and 

advice regarding other factors involved 

in the case. ALJs also generally prepare 

written instructions to the staff attorney 

and other personnel regarding case 

decisions and amendments. These notes 

are maintained in the ALJ Working File. 

The notes are used by ALJs and their 

staffs during the process of disposing of 

cases on administrative appeal. 

In the course of a review at the AC 

level, communications between the 

Administrative Appeals Judges (AAJ) 

and their staffs may include written 

instructions and opinions, memoranda, 

case analyses, physician opinions from 

the AC’s Medical Support Staff, draft 

decisions or orders, and 

communications prepared by SSA 

attorneys in the Office of the General 

Counsel and attorneys in the 

Department of Justice. These notes are 

maintained in the Working File of the 

Appeals Council and are used by the 

AAJs and their staffs to dispose of cases 

at the AC review level. 

B. Discussion of Proposed Alteration to 

the ALJ Working File and Working File 

of the Appeals Council Systems of 

Records 

Currently, the records in these 

systems of records are maintained in 

paper form. The purpose of the 

alteration is to expand the record 

storage medium to include records in 

electronic form. The proposed alteration 

will align these systems with SSA’s EGovernment initiative to transition 

paper-based, program functions into the 

electronic environment. 

II. Records Storage Medium and 

Safeguards for the Information 

Maintained in the Proposed Altered 

ALJ Working File and Working File of 

the Appeals Council Systems of 

Records 

The ALJ Working File and Working 

File of the Appeals Council systems of 

records will maintain information in 

paper and electronic form. Only 

authorized hearing office and Appeals 

Council personnel that have a need for 

the information in the performance of 

their official duties are permitted access 

to the information. Security measures 

include the use of access codes to enter